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Home My WebLink AboutPacket (6) City Planning Board and Zoning Commission Tuesday, August 02, 2016 6:00 PM City Commission Chamber – 121 N. Rouse Ave. A. Call meeting to order B. Changes to the Agenda C. Public Comment – Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Committee. There will also be an opportunity in conjunction with each action item for comments pertaining to that item. Please limit your comments to three minutes. D. Action Items None. E. FYI/Discussion 1. Zoning Commission and Planning Board Unified Development Code Update and Code Layout and Organization Framework Summary and Update. F. Adjournment For more information please contact Alicia Kennedy at akennedy@bozeman.net This board generally meets the first and third Tuesday of the month at 7:00pm Committee meetings are open to all members of the public. If you have a disability and require assistance, please contact our Interim ADA coordinator, Chuck Winn at 582-2307 (TDD 582-2301). 2 MEMORANDUM TO: Bozeman Zoning Commission and Planning Board FROM: Tom Rogers, Senior Planner SUBJECT: Bozeman Unified Development (UDC) Layout and Organization Framework DATE: August 2, 2016 Background Bozeman Unified Development (UDC) Layout and Organization Framework is a subset of the UDC update. The update is generally broken down in two phases. Phase 1 being the Midtown zoning implementation (R-5 and B-2M), Midtown zone map amendment, revisions to the plan review processes, modifications to the duties and responsibilities of the Wetlands Review Board, and alterations to the North 7th Entryway Corridor. All the aforementioned chages have been implemented and are effective. As a result, the Community Development Department has had considerable interest in development possibility based on the modification and additions to the City development code. Phase 2 of the UDC update is underway. Phase 2 is includes considerably more code revisions which are more nuanced and interrelated than phase 1. In an effort to simplify the review process and create an environment where review and recommendations are more thorough and allow adequate time for considerations staff has developed an adoption scheduled to bring each content area (with associated ordinances) before the Zoning Commission, Planning Board, and the City Commission for review, comment and recommendation and finally adoption. Phase 2 of the UDC Update and Schedule Due to the complexities and interrelatedness of the phase 2, each content area will be review and receive recommendation sequentially and once all content areas have been reviewed one final comprehensive ordinance will tie all the individual pieces of phase 2 together for final adoption. As a result we will have one effective date for 3 all modifications and changes rather than upwards of 30 effective dates; one for each ordinance considered. I have attached a phase 2 schedule for all remaining aspects of the UDC phase 2 code update for your reference. Each content area and their associated ordinances are scheduled as listed on the document. Code Reorganization and Layout Analysis of numerous other similar and larger communities and best practice we have developed a revised development code design and layout. Bozeman's existing UDC is now organized into 44 articles. The UDC will be reorganized in to seven (7) articles following the following general layout. 1. General provisions (user guide, and purpose & authority) 2. Permits, legislative actions & procedures (consolidates project applications, review procedures, and approval criteria) 3. Zoning districts & land use (introduces zones, permitted uses, and density & dimensional standards) 4. Community design (includes standards related to public and larger scale community design issues such as streets, block size & connectivity, subdivision design, and parks) 5. Project design (includes standards to apply to the design of individual developments, including development frontages, site planning, building design, parking, landscaping, signage, etc.) 6. Natural resource protection (mostly wetlands and floodplain regulations) 7. Definitions I have included selected articles for your review. The complete development code runs 545 pages. It did not seem prudent to include the entire code. There are no changes to consider, only reorganization. A complete copy can be provided if desired. Included articles are: Article 3. Zoning Districts and Land Use Article 4. Community Design Article 5. Project Design 4 Bozeman UDC Code Update Review & Adoption Schedule Components % Compt. Lead 2nd Ord # Notice dates Other Advisors Advisory Committee Zoning Commission Planning Board CC Effective Date June 8 Midtown ZCA 100% TR CS 1942 June 8 Midtown ZMA 100% TR CS 1943 June 8 Entryway Corridor 100% TR CS 1946 June 8 Plan Process 100% TR CS 1944 June 8 WRB 98% TR CS 1945 June 8 Cottage Housing 100% CS 1952 May 9 June 21 June 27 Aug 10 Reorganization 85% Makers TR June 14 Aug 2 Aug June 27 & Aug 15 Parks-Ordinance 90% CS CP Aug 9 Sept 6 Sept 6 Sept 26 Cash-in-lieu of Infrastructure 90% MW CS 1915 Aug 9 Sept 6 Sept 6 Sept 26 Demolition of Historic Structures 85% CS ?? Aug 9 Sept 20 Oct 10 Water (irrigation, consumption, management, etc.) 80% RO BK Aug 9 Sept 20 Sept 20 Oct 10 Floodplain Regulation Mods & Amendments ? BH TR Subdivision Process Changes 95% CS Legal Sept 13 Oct 4 Oct 4 Oct 24 Definition modifications BB TR Sept 13 Oct 4 Oct 4 Oct 24 Residential Open Space requirements 10% BK MW Sept 13 Oct 18 Nov 7 Covenants / Condos 50% MR CS Sept 13 Oct 18 Oct 18 Nov 7 Infill Provisions MR MW Dec 13 Jan 3 Jan 23 Arterial setbacks and Entryway application 25% MR RO Dec 13 Jan 3 Jan 23 5 Bozeman UDC Code Update Review & Adoption Schedule Components % Compt. Lead 2nd Ord # Notice dates Other Advisors Advisory Committee Zoning Commission Planning Board CC Effective Date NCOD integration 0 Jan 10 Feb 7 Feb 27 Map Amendments (if necessary) 0 TR Revised uses in districts and creation of SUP 25% CS BK Jan 10 Feb 7 Feb 27 Transit language improvement Final Adoption TR Feb 14 Mar 7 Mar 7 Mar 27 Apr 10 Notes: * Excluding noticing, public meetings, and adoption. Legend: BB Bob Bengford, Makers Architecture BK Brian Krueger CP Carolyn Poissant CS Chris Saunders MR Mayana Rice MW Mitch WerBell RO Rebecca Owens TR Tom Rogers 6 UDC REORGANIZATION PROPOSAL DRAFT June 22, 2016 Bozeman's existing UDC is now organized into 44 articles. The proposed re-organization consolidates it into seven articles: 1. General provisions (user guide, and purpose & authority) 2. Permits, legislative actions & procedures (consolidates project applications, review procedures, and approval criteria) 3. Zoning districts & land use (introduces zones, permitted uses, and density & dimensional standards) 4. Community design (includes standards related to public and larger scale community design issues such as streets, block size & connectivity, subdivision design, and parks) 5. Project design (includes standards to apply to the design of individual developments, including development frontages, site planning, building design, parking, landscaping, signage, etc.) 6. Natural resource protection (mostly wetlands and floodplain regulations) 7. Definitions The draft herein is strictly a re-organization. Though elements have shifted around and some clarifying text has been added, no changes to policies or standards have been made. The chart below runs through each article and identifies the new location for the UDC components – both in this initial re- organization and for updates that are planned with the full UDC text amendments (Phase 2). Also note that in all sections and subsections we’ve noted in paretheses the applicable current section number or if the content might be new (the only new materials focus on making existing provisions easier to read). Comparison Between Existing/Proposed Organization Existing Organization (proposed new location in interim code re-org) Proposed Location in Interim Code Re-Organization (current code location) Suggested Location in Final Code Re-Organization (comments) Article 1: General Provisions Article 1: In General (38.100) Article 1: General Provisions 38.100 In general (current Article 1) 38.110 Community Plan (placeholder – no current text) Article 1: General Provisions 38.100 Purpose/Authority/ Interpretation 38.110 Community Plan Article 2: Permits, Legislative Actions & Procedures Article 2: Subdivision And Platting Administration Procedures In the interim, combine all the subdivision articles into Chapter 38.240 –refinements to the organization are likely in the full Phase 2 update. Article 2: Permits, Legislative Actions & Procedures 38.200 Jurisdiction & scope of authority (current Article 34) 38.210 Development Review Committee (Drc), Design Review Board (Drb), Article 2: Permits, Legislative Actions & Procedures Organization below is a complete re- organization from the current and interim – each chapter will draw from content currently found in multiple titles. 38.200 Purpose/ Administration 7 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 2 July 29, 2016 development code redesign.docx Existing Organization (proposed new location in interim code re-org) Proposed Location in Interim Code Re-Organization (current code location) Suggested Location in Final Code Re-Organization (comments) Article 3: Review Procedures For Subdivisions (38.240) Administrative Design Review Staff (Adr), Wetlands Review Boards (Wrb), Board Of Adjustment (Boa)(current Article 33) 38.220 Administration, applications, fees, noticing & penalties (combines current Articles 34, 38, 40 & 41) 38.230 Plan review (current Article 19) 38.240 Subdivision procedures (Articles 2-6 in the interim) 38.250 Appeals, deviations & variance procedures (current Article 35) 38.260 Text & map amendments (combines current Articles 36 & 37) 38.270 Improvements & guarantees (Article 39) 38.280 Non-conforming situations (current Article 32) 38.210 Permit review process types 38.220 Permit review procedures 38.230 Hearings & Appeals 38.240 Nonconformance 38.250 Review & decision criteria for certain permits 38.260 Historic preservation related procedures 38.270 Subdivisions Article 4: Land Subdivisions Created By Rent Or Lease (38.240) Article 5: Subdivision Exemptions (38.240) Article 6: Subdivision Certificate (38.240) Article 3: Zoning Districts & Land Uses Article 7: Zoning Districts And Zoning Map(38.300.010) Article 3: Zoning Districts & Land Uses 38.300 Zones, maps & designations (Article 7) 38.310 Permitted uses (related portions of Articles 8-14) 38.320 Form & intensity standards (related portions of Articles 8-14 along with Article 21) 38.330 Zone specific provisions (related portions of Articles 9, 10, 11, 13-15 that don’t fit in 38.320) 38.340 Overlay district provisions (Articles 16-18 whole) 38.350 Possible bonus incentive provisions (placeholder – no existing content) 38.360 Index of supplemental use criteria (Article 22) 38.370 Wireless facilities (Article 29) 38.380 Affordable housing provisions (recently adopted provisions) Article 3: Zoning Districts & Land Uses Same chapter structure as interim approach. NOTES: All the zoning provisions can be consolidated into one article. Special provisions that apply to only one district might need their own chapter (38.330) in the article – but if the provisions are more procedures related – they might be more appropriate in Article 2. If they are more project design standards related – they can better fit into Article 5. Article 8: Residential Zoning Districts (38.310 and 38.320) Article 9: Residential Emphasis Mixed-Use Zoning District (38.310-330). 310 includes the permitted uses, 320 includes the form and intensity standards, and 330 includes the other special design standards; Some of the design standards here might be unnecessary if applicable Citywide Commercial/Multifamily design standards are developed as a part of Article 5 Project Design in next phase of code update. Article 10: Commercial Zoning District (38.310 and 38.320) Article 11: Urban Mixed-Use Zoning District (38.310-330) 310 includes the permitted uses, 320 includes the form and intensity standards, and 330 includes the other special design standards; Some of the design standards here might be unnecessary if applicable Citywide Commercial/Multifamily design 8 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 3 July 29, 2016 development code redesign.docx Existing Organization (proposed new location in interim code re-org) Proposed Location in Interim Code Re-Organization (current code location) Suggested Location in Final Code Re-Organization (comments) standards are developed as a part of Article 5 Project Design in next phase of code update. Article 12: Industrial Zoning District (38.310 and 38.320) Article 13: Public Lands And Institution District (38.310-330) Article 14: Northeast Historic Mixed-Use District (38.310-330) Article 15: Requirements For Creation Of A Historic Mixed- Use District (38.330.060) In Phase 2 consider whether other articles or chapters might be more appropriate. Article 16: Neighborhood Conservation Overlay District (38.340.010-.090 in the interim) Consider other options in Phase 2 as there are a lot of procedural type elements. Article 17: Bozeman Entryway Corridor Overlay District (38.340.100-180) In Phase 2, we might be able to delete this entirely depending on how the guidelines project evolves. We had suggested these provisions could be addressed as a part of the Citywide Commercial and Multifamily Design Standards – proposed for Article 5. Article 18: Casino Overlay District (38.340.200-270) Staff noted that content could be soon deleted entirely. Article 19: Plan Review (38.230) Considerable organizational changes might be considered in Phase 2. Article 20: Planned Unit Development (38.430) Alternative locations could be considered depending on the nature of changes in Phase 2. Article 21: General Land Use Standards And Requirements (38.320) Content is integrated with the zone dimensional standards. Article 22: Standards For Specific Uses (38.360) 9 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 4 July 29, 2016 development code redesign.docx Existing Organization (proposed new location in interim code re-org) Proposed Location in Interim Code Re-Organization (current code location) Suggested Location in Final Code Re-Organization (comments) Some may obviously be updated or deleted withPhase II update. Article 4: Community Design Article 23: Development Standards (38.320,420 & 570). This is a mix of subdivision related content that can go into 38.420 and other provisions that apply to other non- subdivision projects that fit better elsewhere. Fence provisions fit well in .320. Storage and trash enclosures can also go in .320 in the interim, but probably belong in Article 5 in Phase 2 with commercial/ multifamily design standards. Loading provisions can go with parking provisions in .540. Lighting standards fit into .570. Article 4: Community Design 38.400 Transportation facilities & access (Article 24) 38.410 Community design & elements (Article 23) 38.420 Park & recreation requirements (Article 27) 38.430 Planned unit developments (Article 20) Article 4: Community Design Likely the same chapter structure as interim approach. Article 24: Transportation Facilities And Access (38.400) Consider in Phase 2 whether any material should be split out. Some content changes are likely in Phase 2. Article 5: Project Design Article 25: Parking (38.540) Article 5: Project Design 38.500 Block frontage standards (Article 44) 38.510 Site planning & design elements (placeholder - new chapter) 38.520 Building design (placeholder - new chapter) 38.530 Housing type standards (placeholder - new chapter) 38.540 Off-street parking (Article 25) (we might consider adding “ and loading” to the title) 38.550 Landscaping (Article 26) 38.560 Signs (Article 28) 38.570 Outdoor lighting (mostly from 38.23.150 – but also from components of Articles 9, 16, 19, 21 & 22) Article 5: Project Design Likely the same chapter structure as interim approach with the following adjustments tracked: 38.500 Block frontage standards (build from Midtown provisions in Article 44 to apply on citywide scale) 38.510 Site planning & design elements (new chapter to apply to commercial and multifamily developments) 38.520 Building design (new chapter to apply to commercial and multifamily developments) 38.530 Housing type standards (new chapter to apply special provisions for unique housing types – ideally includes section on cottage housing currently in the works) 38.540 Off-street parking (includes any text updates from current Article 25 provisions) 38.550 Landscaping (includes any text updates from current Article 26) 38.560 Signs (includes any text updates from current Article 28) 38.570 Outdoor lighting (mostly from 38.23.150 – but also from components of Articles 9, 16, 19, 21 Article 26: Landscaping (38.550) Article 27: Park And Recreation Requirements (38.420) Some of it – particularly design standards associated with multifamily and mixed-use buildings should eventually end up in Article 5 in Phase 2. Article 28: Signs (38.560) Article 29: Telecommunications (38.370) 10 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 5 July 29, 2016 development code redesign.docx Existing Organization (proposed new location in interim code re-org) Proposed Location in Interim Code Re-Organization (current code location) Suggested Location in Final Code Re-Organization (comments) & 22) Article 6: Natural Resource Protection Article 30: Wetland Regulations (38.600) Article 6: Natural Resource Protection 38.600 Wetland regulations (Article 31) 38.610 Floodplain regulations (Article 30) Article 31: Floodplain Regulations (38.610) Article 32: Nonconforming Situations (38.270) Article 33: Development Review Committee (Drc), Design Review Board (Drb), Administrative Design Review Staff (Adr), Wetlands Review Boards (Wrb), Board Of Adjustment (Boa) (38.210) Compile as is at least in the interim. Article 34: Administration, Fees And Penalties (38.220) Larger Phase 2 adjustments are possible. Article 35: Appeals, Deviations And Variance Procedures (38.250) Article 36: Text Amendments (38.260) Combine in the interim with zoning map amendments in 38.260. Article 37: Zoning Map Amendments (38.260) Article 38: Supplementary Documents (38.220) While it’s not a perfect fit, we thought it was best integrated towards the back half of 220 in the interim. Article 39: Improvements And Guarantees (38.270) Article 40: Noticing (38.220) Article 7: Definitions Article 42: Definitions (38.700) Article 7: Definitions 38.700 Terms & interpretation (Article 42 – 38.42.010) 38.710 Definitions (Article 42) Article 43: Affordable Housing (38.380) Appendix A: Illustrations And Design Objectives (Integrated in all applicable articles) Article 44: Block Frontages (38.500) In the interim, content moved as is from 11 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 6 July 29, 2016 development code redesign.docx Existing Organization (proposed new location in interim code re-org) Proposed Location in Interim Code Re-Organization (current code location) Suggested Location in Final Code Re-Organization (comments) Midtown to 38.510; in full update, content is refined to cover all commercial/multifamily zones. 12 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 7 July 29, 2016 development code redesign.docx Chapter 38 - UNIFIED DEVELOPMENT CODE ARTICLE 1. GENERAL PROVISIONS ................................................................................................... 8 ARTICLE 2. PERMITS, LEGISLATIVE ACTIONS & PROCEDURES ............................................... 8 ARTICLE 3. ZONING DISTRICTS & LAND USES ............................................................................... 8 ARTICLE 4. COMMUNITY DESIGN ................................................................................................... 130 ARTICLE 5. PROJECT DESIGN ......................................................................................................... 189 ARTICLE 6. NATURAL RESOURCE PROTECTION ...................................................................... 259 ARTICLE 7. DEFINITIONS ................................................................................................................... 259 13 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 8 July 29, 2016 development code redesign.docx ARTICLE 1. GENERAL PROVISIONS ARTICLE 2. PERMITS, LEGISLATIVE ACTIONS & PROCEDURES ARTICLE 3. ZONING DISTRICTS & LAND USES 38.300 Zones, maps & designations (Article 7) FOOTNOTE(S): --- (6) --- State Law reference— Municipal zoning, MCA 76-2-301 et seq. Sec. 38.300.010. - Use districts designated, zoning map adopted. (38.07.010) A. The city is divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is adopted by this reference and declared to be a part of this chapter. B. For the purpose of this chapter, the city is divided and classified into the following use districts: R-S Residential Suburban District R-1 Residential Single-Household Low Density District R-2 Residential Two-Household Medium Density District R-3 Residential Medium Density District R-4 Residential High Density District R-5 Residential Mixed-Use High Density District R-O Residential-Office District RMH Residential Manufactured Home Community District B-1 Neighborhood Business District 14 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 9 July 29, 2016 development code redesign.docx B-2 Community Business District B-2M Community Business District - Mixed B-3 Central Business District UMU Urban Mixed-Use District M-1 Light Manufacturing District M-2 Manufacturing and Industrial District B-P Business Park District PLI Public Lands and Institutions District NEHMU Northeast Historic Mixed-Use District NC Neighborhood Conservation Overlay District EO Entryway Corridor Overlay District CO Casino Overlay District REMU Residential Emphasis Mixed-use District C. Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services. D. Individual zoning districts are adopted for the purposes described in section 38.100.040. A variety of districts is established to provide locations for the many uses needed within a healthy and dynamic community. Each district, in conjunction with other standards incorporated in this chapter, establishes allowable uses of property, separates incompatible uses, and sets certain standards for use of land. This provides predictability and reasonable expectation in use of land within particular zoning designations and sites. (Ord. No. 1645, § 18.14.010, 8-15-2005; Ord. No. 1681, § 1, 6-4-2007; Ord. No. 1769, exh. D(18.14.010), 12-28-2009; Ord. No. 1802, § 1, 4-11-2011) Sec. 38.300.020. - Official map availability, certification and authority; changes. (38.07.020) A. The official maps shall be available in the planning department and shall bear a certificate with the signature of the mayor attested by the city clerk and the date of adoption of the ordinance codified in this chapter. B. This certificate should read as follows: This is to certify that this is an Official Zoning Map referred to in section ____________ of Ordinance No. ____________ of the City of Bozeman, Montana. 15 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 10 July 29, 2016 development code redesign.docx Mayor ____________ Attested ____________ Date of Adoption ____________ C. Regardless of the existence of purported copies of the official zoning maps, which may from time to time be made or published, the official zoning maps kept in the planning department shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city. (Ord. No. 1645, § 18.14.020, 8-15-2005; Ord. No. 1769, exh. D(18.14.020), 12-28-2009) Sec. 38.300.030. - Official map replacement conditions. (38.07.030) A. In the event that the official zoning maps become damaged, destroyed, lost or difficult to interpret because of the nature or number of changes or additions thereto, the city commission may adopt and certify new official zoning maps which shall supersede the prior official zoning maps. The new official zoning maps may correct drafting or other errors or omissions in the prior map, but no such corrections shall have the effect of amending the original official zoning maps or any subsequent amendment thereof. B. If any changes to the map are made by amendment of this chapter in accordance with division 38.260 of this chapter, such changes shall be made to the official zoning maps and signed, dated and certified upon the map or upon the material attached thereto. C. The new official zoning maps shall be identified by signature of the mayor attested by the city clerk. The certificate should read as follows: This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted as part of Ordinance No. ____________ of the City of Bozeman, Montana. Mayor ____________ Attested ____________ Date of Adoption ____________ (Ord. No. 1645, § 18.14.030, 8-15-2005; Ord. No. 1769, exh. D(18.14.030), 12-28-2009) Sec. 38.300.040. - Boundary interpretation guidelines. (38.07.040) A. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the boundaries shall be interpreted as following the nearest logical line to that shown: 1. Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerlines; 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; 3. Boundaries indicated as approximately following city limits shall be construed as following such city limits; 4. Boundaries indicated as following railroad lines shall be construed to be midway between the main track; 16 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 11 July 29, 2016 development code redesign.docx 5. Boundaries indicated as following the centerline of streams, rivers, canals or ditches shall be construed to follow such centerlines; and 6. Boundaries indicated as parallel to or extensions of features indicated on the official zoning map shall be determined by the scale of the map. B. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or where other circumstances or controversy arise over district boundaries, the planning director shall interpret the district boundary. Such interpretation is subject to appeal as set forth in division 38.250. C. Where district boundaries divide a lot or parcel into two or more districts, the entire lot or parcel shall be deemed to have only the characteristics and uses of the most restrictive district that any part of the lot or parcel rests within. However, for properties which lie partially within a specified overlay district, the planning director may determine that overlay district regulations shall apply only to that portion of the property lying within the specified overlay district. The criteria for making such a determination shall include an evaluation of site topography and the degree to which the development portion of the property lying outside of the overlay district is integrated with the development lying within the district. (Ord. No. 1645, § 18.14.040, 8-15-2005; Ord. No. 1769, exh. D(18.14.040), 12-28-2009; Ord. No. 1828, § 10, 9-10-2012) Sec. 38.300.050. - Classification of particular uses; planning director and city commission authority. (38.07.050) A. The planning director shall determine the appropriate classification of a particular use. In making this determination, the planning director shall find: 1. That the use is the same as one or more uses permitted in the district wherein it is proposed to be located; or 2. That the use is so similar to one or more uses permitted in the district wherein it is proposed to be located as to be interpreted as the same, so long as: a. The use and its operation are compatible with the uses permitted in the district wherein the use is proposed to be located; b. The use will not cause substantial injury to values of property in the neighborhood or district wherein it is proposed to be located; and c. Neither the intent of this chapter nor the intent of the district will be abrogated by such classification. Persons objecting to decision of the planning director regarding a classification of a use carry the burden of proof to establish error in the decision. B. If a question arises concerning the appropriate classification of a particular use, the planning director may submit the question to the city commission to determine whether the particular use is the same or so similar as to be interpreted the same as a listed permitted or conditional use. In making such a determination, the city commission shall find that the criteria set forth in either subsection A.1 or 2 of this section are met. C. If a specific use is not listed and cannot be interpreted to be the same, or so similar so as to be interpreted the same, as a listed accessory, principal or conditional use, the use shall not be allowed. However, an amendment to the text of this chapter may be submitted for review and approval 17 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 12 July 29, 2016 development code redesign.docx pursuant to the requirements of this chapter to allow such use as a listed principal, conditional or accessory use. (Ord. No. 1645, § 18.14.050, 8-15-2005; Ord. No. 1769, exh. D(18.14.050), 12-28-2009) Sec. 38.300.060. - Zoning of annexed territory. (38.07.060) A. All territory which may hereafter be annexed to the city shall, in conjunction with the annexation, be the subject of a zone map amendment in order to be designed and assigned to a city zoning district. B. Areas of annexed public right-of-way shall be considered to be zoned according to the provisions of subsection 38.300.040.A. The city commission shall determine the appropriate zoning for any and all areas to be annexed to the city but shall request a recommendation from the zoning commission and shall take into consideration the city growth policy. Any ordinance adopting such zoning amendment shall not be effective prior to the effective date of such annexation. (Ord. No. 1645, § 18.14.060, 8-15-2005; Ord. No. 1769, exh. D(18.14.060), 12-28-2009) 18 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 13 July 29, 2016 development code redesign.docx Sec. 38.300.070. – Residential zoning districts - intent and purpose. (38.08.010) A. The intent and purpose of the residential zoning districts is to establish areas within the city that are primarily residential in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one residential district is to provide opportunities for a variety of housing types and arrangements within the community while providing a basic level of predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. All development is subject to section 38.100.050. Residential density is correlated with many community goals and objectives that are contained in the city's adopted growth policy, as well as many standards and purposes of this chapter. Table 38.320.020 sets standards for minimum densities in residential districts which will advance these goals, objectives, and purposes. 1. The intent and purpose of the R-S residential suburban district is to allow open space, resource protection and primarily single-household development in circumstances where environmental constraints limit the desirable density. All new subdivision and site plan developments in this district shall be subject to the provisions of division 38.430 of this chapter, pertaining to planned unit development, and shall be developed in compliance with the adopted city growth policy. 2. The intent of the R-1 residential single-household low density district is to provide for primarily single-household residential development and related uses within the city at urban densities, and to provide for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area. 3. The intent of the R-2 residential two-household medium density district is to provide for one- and two-household residential development at urban densities within the city in areas that present few or no development constraints, and for community facilities to serve such development while respecting the residential quality and nature of the area. 4. The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses. 5. The intent of the R-4 residential high density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This will provide for a variety of compatible housing types to serve the varying needs of the community's residents. Although some office use is permitted, it shall remain as a secondary use to residential development. Secondary status shall be as measured by percentage of total building area. 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 geographically compact, walkable area to serve the varying needs of the community's residents. Offices and small scale retail and restaurants are allowed as secondary uses provided special standards are met. 7. The intent of the RMH residential manufactured home community district is to provide for manufactured home community development and directly related complementary uses within the city at a density and character compatible with adjacent development. The district is intended to be residential in character and consistent with the standards for other forms of residential development permitted by this chapter. 19 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 14 July 29, 2016 development code redesign.docx (Ord. No. 1645, § 18.16.010, 8-15-2005; Ord. No. 1693, § 4(18.16.010), 2-20-2007; Ord. No. 1709, § 2(18.16.010), 7-16-2007; Ord. No. 1761, exh. A(18.16.010), 7-6-2009; Ord. No. 1769, exh. E(18.16.010), 12-28-2009) Sec. 38.300.080. - Residential emphasis mixed-use zoning district - intent and purpose. (38.09.010) A. The intent and purpose of the residential emphasis mixed-use (REMU) district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood, while providing predictability to landowners and residents in uses and standards. There is a rebuttable presumption that the uses set forth for the district will be compatible both within the district and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. All development is subject to section 38.100.050. 1. It is further the intent of this district to implement the principles of the adopted growth policy: Neighborhoods: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate adjacent to residential neighborhoods that can sustain commercial uses within walking distance and a wider range of housing types; g. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets; Sense of Place: h. Support or add to an existing neighborhood context; i. Enhance an existing neighborhood's sense of place and strive to make it more self- sustainable; j. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; k. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; l. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets; Natural Amenities: m. Preserve and integrate the natural amenities into the development; n. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood; Centers: o. Group uses of property to create vibrant centers; 20 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 15 July 29, 2016 development code redesign.docx p. Where appropriate create a center within an existing neighborhood; q. Facilitate proven, market driven projects to ensure both long and short-term financial viability; r. Allow an appropriate blend of complimentary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; s. Foster the master plan development into a mix of feasible, market driven uses; t. Emphasize the need to serve the adjacent, local neighborhood and also the greater Bozeman area as well; u. Maximize land use efficiency by encouraging shared use parking; Integration of Action: v. Support existing infrastructure that is within and adjacent to REMU zones; w. Add to existing transportation and open space network, encourage pedestrian and bicycle travel; x. Encourage master planned communities with thoughtful development; y. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; z. Provide roadway and pedestrian connections to residential areas; aa. Facilitate development (land use mix, density and design) that supports public transit, where applicable; bb. Provide flexibility in phasing to help insure both long and short term financial viability of the project as a whole; Urban Density: cc. Encourage efficient land use by facilitating, high-density, single or multi-story housing, commercial and retail development; dd.Provide transitions between high-traffic streets and adjacent residential neighborhoods and Sustainability: ee. Promote sustainable communities through careful planning. 2. To accomplish the intent of the district, the REMU district may be located within existing and established neighborhoods, or located in new undeveloped areas of the city. Implementation of certain regulations herein may be implemented with regard to the specific characteristics and location of a development site. REMU districts should be located adjacent to or near planned or existing residential development to enhance walking and bicycle use. (Ord. No. 1802, § 2, 4-11-2011) Sec. 38.300.090. - Commercial zoning districts - intent and purpose. (38.10.010) A. The intent and purposes of the commercial zoning districts are to establish areas within the city that are primarily commercial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one commercial district is to provide opportunities for a variety of employment and community service opportunities within the 21 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 16 July 29, 2016 development code redesign.docx community, while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. 1. The intent of the B-1 neighborhood business district is to provide for smaller scale retail and service activities frequently required by neighborhood residents on a day to day basis, as well as residential development as a secondary purpose, while still maintaining compatibility with adjacent residential land uses. Development Scale and pedestrian orientation are important elements of this district. 2. The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. 3. The intent of the B-2M community business district - mixed is to function 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. 4. The intent of the B-3 central business district is to provide a central area for the community's business, government service and cultural activities. Uses within this district should be appropriate to such a focal center with inappropriate uses being excluded. Room should be provided in appropriate areas for logical and planned expansion of the present district. a. It is the intent of this district to encourage high volume, pedestrian-oriented uses in ground floor space in the "core area" of the city's central business district, i.e., along Main Street from Grand to Rouse and to the alleys one-half block north and south from Main Street. Lower volume pedestrian uses such as professional offices may locate on ground floor space in the B-3 area outside the above-defined core. (Ord. No. 1645, § 18.18.010, 8-15-2005; Ord. No. 1693, § 5(18.18.010), 2-20-2007; Ord. No. 1709, § 3(18.18.010), 7-16-2007; Ord. No. 1761, exh. B(18.18.010), 7-6-2009) 22 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 17 July 29, 2016 development code redesign.docx Sec. 38.300.100. - Urban mixed-use zoning district - intent and purpose. (38.11.010) A. The intent and purposes of the urban mixed-use ("UMU") district is to establish areas within the city that are mixed-use in character, and to set forth certain minimum standards for development within those areas which encourage vertical mixed-use development with high density. The purpose in having an urban mixed-use district is to provide options for a variety of employment, retail and community service opportunities within the community, with incorporated opportunity for some residential uses, while providing predictability to landowners and residents in uses and standards. There is a rebuttable presumption that the uses set forth for each district will be compatible both within the individual districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. 1. It is the further the intent of this district to: a. Allow a mixture of complementary land uses which encourages mixed uses on individual floors including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality and to encourage the linking of trips; b. Foster the development of vertically oriented mixed uses, in contrast to single use development distributed along high vehicle capacity roadways; c. Encourage development that exhibits the physical design characteristics of vibrant, urban, pedestrian-oriented, storefront-style shopping streets with pedestrian amenities; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; e. Provide flexibility in the siting and design of new developments and redevelopment to anticipate changes in the marketplace; f. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, and on-street parking; g. Provide roadway and pedestrian connections to residential areas; h. Provide transitions between high-traffic streets and adjacent residential neighborhoods; i. Encourage efficient land use by facilitating compact, high-density, multi story development and minimizing the amount of land that is needed for surface parking; j. Facilitate development (land use mix, density and design) that supports public transit, where applicable; k. Provide appropriate locations and design standards for automobile and truck-dependent uses; l. Maintain mobility along traffic corridors while supporting the creation of "places" or centers which will create lasting and enduring, long-term value to the community; m. Emphasize the need to serve the adjacent, local neighborhood and also the greater city area as well; n. Minimize parking lots through shared uses of mixed uses; o. Create central urban gathering places such as community squares or plazas; p. Facilitate designs of each mixed use to help ensure long-term financial viability of each mixed use; 23 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 18 July 29, 2016 development code redesign.docx q. Allow for urban oriented recreational activities consistent with the standards and intent of the district; and r. To encourage and support the use of sustainable building practices. 2. To accomplish the intent of the district, the UMU district should ideally be located at the intersections of major traffic corridors, that is at the intersections of two arterials, or less frequently, an arterial and a collector street. The major intersections should have or be planned to have a stop light or other active traffic control. While placement at major intersections is a necessary precondition, not all major intersections should have the UMU district adjacent to them. Additionally, placement of this district should be adjacent or near to dense residential development to enhance walking and bicycle use. (Ord. No. 1681, § 2(18.19.010), 6-4-2007; Ord. No. 1709, § 4(18.19.010), 7-16-2007) Sec. 38.300.110. - Industrial zoning districts - intent and purpose. (38.12.010) A. The intent and purpose of the industrial zoning districts is to establish areas within the city that are primarily industrial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one industrial district is to provide opportunities for a variety of employment and community service functions within the community while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. 1. The intent of the M-1 light manufacturing district is to provide for the community's needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore, some type of screening may be necessary. 2. The intent of the M-2 manufacturing and industrial district is to provide for heavy manufacturing and industrial uses, servicing vocational and employment needs of city residents. 3. The intent of the B-P business park district is to provide for high quality settings and facilities for the development of a variety of compatible employment opportunities. These areas should be developed so as to recognize the impact on surrounding or adjacent development and contribute to the overall image of the community. Compatibility with adjacent land uses and zoning is required. (Ord. No. 1645, § 18.20.010, 8-15-2005; Ord. No. 1693, § 6(18.20.010), 2-20-2007; Ord. No. 1709, § 5(18.20.010), 7-16-2007; Ord. No. 1761, exh. C(18.20.010), 7-6-2009) Sec. 38.300.120. - Public lands and institutions district - intent. (38.13.010) The intent of the PLI public lands and institutions district is to provide for major public and quasi-public uses outside of other districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within another district, however larger areas will be designated PLI. (Ord. No. 1645, § 18.22.010, 8-15-2005; Ord. No. 1693, § 7(18.22.010), 2-20-2007) 24 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 19 July 29, 2016 development code redesign.docx Sec. 38.300.130. - Northeast historic mixed-use district - intent and purpose. (38.14.010) A. The intent of the northeast historic mixed-use district is to provide recognition of an area that has developed with a blend of uses not commonly seen under typical zoning requirements. The unique qualities and nature of the area are not found elsewhere in the city and should be preserved as a place offering additional opportunities for creative integration of land uses. The intent of this area is to allow private and case-by-case determination of the most appropriate use of land in a broad range of both nonresidential and residential uses. Standards for buffering between different land uses are deliberately not as high as standards elsewhere in the community as it is assumed that persons choosing to locate in this area are aware of the variety of possible adjacent land uses and have accepted such possibilities as both acceptable and desirable. It is expected that the lots within this district will continue to develop under a variety of uses which may increase or decrease in scope in any given portion of the district. B. The clear intent of this district is to support a mix and variety of nonresidential and residential uses. Nothing in this division 38.300 shall be interpreted to be discouraging or prejudicial to any listed use except as set forth as principal and conditional uses. (Ord. No. 1645, § 18.24.010, 8-15-2005; Ord. No. 1693, § 8(18.24.060), 2-20-2007; Ord. No. 1709, § 6(18.24.010), 7-16-2007) 25 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 20 July 29, 2016 development code redesign.docx 38.310 Permitted uses (related portions of Articles 8-14) Sec. 38.310.010. – Interpretation of land use tables. (38.08.020 and new) A. Uses in the various residential districts are depicted in Table 38.310.020 in subsection C of this section. Principal uses are indicated with a "P," conditional uses are indicated with a "C," accessory uses are indicated with an "A" and uses which are not permitted within the district are indicated by a "-." B. Additional uses for wireless facilities are contained in sections 38.370.010 to 38.370.040. C. The uses listed are deliberately broad and some are given special definitions in article 7 of this chapter. The intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each proposal to be specifically addressed through the review process. Some uses are the subject of special regulations contained in division 38.360. D. Clarification of permitted uses and special conditions: 1. If a * appears after the use, then the use is defined in article 7. 2. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 3. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. 4. Where a number with a “sf” reference appears below a P or C in the box, it means that the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. 5. If more than one letter–number combination appears in the box, the use is allowed in the zone subject to different sets of limitations or conditions depending on the review process indicated by the letter, the general requirements of the code and the specific conditions indicated in the development condition with the corresponding number immediately following the table. Sec. 38.310.020. - Authorized uses - residential zoning districts. (38.08.020) Table 38.310.020 Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Accessory dwelling units(38.360.030)8, 9 C C P P P P P — Agricultural uses on 2.5 acres or more2 P — — — — — — — Agricultural uses on less than 2.5 acres2 C — — — — — — — Apartments/apartment building, as defined in article 7 of this chapter — — — — P P P — Bed and breakfast C C C C P P P — Commercial stable (38.360.200) C — — — — — — — 26 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 21 July 29, 2016 development code redesign.docx Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Community centers C C C C C C P C Community residential facilities with eight or fewer residents P P P P P P P P Community residential facilities serving nine or more residents — — — C P P P — Cooperative housing C C C P P P P C Day care centers C C C P P P P C Essential services Type I A A A A A A A A Essential services Type II P P P P P P P P Essential services Type III C10 C10 C10 C10 C10 C10 C10 C10 Extended stay lodgings C C C P P P P — Family day care home P P P P P P P P Fences A A A A A A A A Fraternity and sorority houses — — — C P — P — Golf courses C C C — — — — C Greenhouses A A A A A A A — Group day care home P P P P P P P P Group living(38.360.110) P P P P P P P P Guesthouses A A A A A A A — Home-based businesses (38.360.120) A/C A/C A/C A/C A/C A/C A/C A/C Lodging houses — — — C P P P — Offices — — — — C3 C3 P — Other buildings and structures typically accessory to authorized uses A A A A A A A A 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 Private vehicle and boat storage A A A A A A A A/C4 Public and private parks P P P P P P P P Manufactured homes on permanent foundations (38.360.140) P P P P P P P P Manufactured home communities (38.360.130) — — — — — — — P Medical offices, clinics, and centers — — — — C C3 P — Recreational vehicle parks (38.360.180) C — — — — — — P Signs, subject to article 5 of this chapter A A A A A A A A 27 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 22 July 29, 2016 development code redesign.docx Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Single-household dwelling P P P P P P P P Temporary buildings and yards incidental to construction work A A A A A A A A Temporary sales and office buildings A A A A A A A A Three- or four-household dwelling — — — P P P P — Two-household dwelling — — P P P P P — Townhouses (two attached units) P7 P7 P P P P P P7 Townhouses (five attached units or less) — — — P6 P P P — Townhouses (more than five attached units) — — — — P P P — Tool sheds for storage of domestic supplies A A A A A A A A Uses approved as part of a PUD per division 38.380 of this chapter C C C C C C C C Veterinary uses C — — — — — — — Notes: 1. Agricultural uses include barns and animal shelters, and the keeping of animals and fowl, together with their dependent young, as hereinafter set forth per 2.5 acres: one horse or one cow; two sheep or two goats; ten rabbits; 36 fowl (chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese, turkeys, etc.). For larger parcels the review authority may determine that a larger number of livestock is consistent with the requirements of this section. 2. Only when in conjunction with dwellings. 3. Storage for more than three recreational vehicles or boats. 4. In the R-3 district, townhouse groups shall not exceed 120 feet in total width. 5. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of division 38.380, Affordable Housing. May only be utilized in developments subject to division 38.380. 6. Not permitted on reduced size lots for work force housing as described in division 38.380. 7. Accessory dwelling units in the RS and R1 districts shall be permitted to be placed above garages only in subdivisions receiving preliminary plat approval after January 1, 1997. 8. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 9. Subject uses are limited to 2,500sf of gross floor area and only allowed on street corner sites within a mixed-use building featuring residential units next to and/or above subject uses. (Ord. No. 1645, § 18.16.020, 8-15-2005; Ord. No. 1693, § 4(18.16.020), 2-20-2007; Ord. No. 1709, § 2(18.16.020), 7-16-2007; Ord. No. 1761, exh. A (18.16.020), 7-6-2009; Ord. No. 1769, exh. E(18.16.020), 12-28-2009; Ord. No. 1828, § 9, 9-10-2012; Ord. No. 1838, §§ 1, 2, 9-10-2012; Ord. No. 1830, § 6, 9-24-2012; Ord. No. 1893, § 5, 8-11-2014) 28 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 23 July 29, 2016 development code redesign.docx Sec. 38.310.030. - Authorized uses – commercial, mixed-use, industrial and historical zoning districts. Table 38.310.030 Table of Uses Zoning districts Commercial Mixed Use Industrial PLI B-1 B-2 B-2M B-3 UMU (38.310. 050) REMU (38.310. 040) NEH MU1 BP M-1 M-2 Retail Automobile, boat or recreational vehicle sales, service and/or rental - - - - - - P - p P - Automobile fuel sales or repair (38.360.060)* C C C C C C P - p P - Building materials - - - - - P - P P - Convenience uses except for automobile fuel sales (as listed above) (38.360.100)* C P P C C P - - - - - Convenience use restaurant* P P P P P P2 5,000sf - - - - - Restaurants* P4 P P P P P P 1,500sf - P3 P3 - Retail* P5 P5 P5 P5 P* P5,6 25,000sf A7 C8 A7 A7 C8 A7 C8 - Retail, large scale (38.360.190)* - P5 P5 - C - - - - - - Sales of alcohol for on-premise consumption (38.360.050) C 9 C 9 C 9 C 9 C 10 C 10 C - C11 C11 - Wholesale distributors with on-premise retail outlets (providing warehousing is limited to commodities which are sold on the premises) - C C - P C 10,000sf - - - - - 29 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 24 July 29, 2016 development code redesign.docx Table of Uses Zoning districts Commercial Mixed Use Industrial PLI B-1 B-2 B-2M B-3 UMU (38.310. 050) REMU (38.310. 040) NEH MU1 BP M-1 M-2 Wholesale establishments (ones that use samples, but do not stock on premises) - P P P P C 5,000sf - - - - - Personal & General Service Ambulance service - P P P P - P - P P P Animal shelters - - - - - - C - C C - Automobile washing establishment (38.360.070)* C P P C C C P - P P - Banks and other financial institutions P P P P P P P C P C - Daycare—Family, group, or center* P P P P - P C A C A12 C A12 C A12 C Health and exercise establishments* P13 C p p P P P P C P P - Hospitals* - P P C P C - P - - - Laundry service center - C C C P P - - - - - Light goods repair* - C C A P P P - P P - Medical and dental offices, clinics and centers* P13 C P P P P P P P P P - Mortuary - C C C C - - - - - - Personal and convenience services* P P P P P P - - - - - Personnel service facilities providing services, education, food and convenience goods primarily - - - - - - A A A A - 30 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 25 July 29, 2016 development code redesign.docx Table of Uses Zoning districts Commercial Mixed Use Industrial PLI B-1 B-2 B-2M B-3 UMU (38.310. 050) REMU (38.310. 040) NEH MU1 BP M-1 M-2 for those personnel employed in the principal use* Pet grooming shop P P P P P P - - - - - Truck repair, washing, and fueling services - - - - - - C - C P - Upholstry shops (excluding on-site upholstery service for cars, boats, trailers, trucks and other motorized vehicles requiring overnight storage) - P P P13 P - - - - - - Veterinary clinic - C C - P C P P P P - Business Service Offices* P13 C P P P13 P P P P14 P P - Industrial Food processing facilities* - C C - - - P - P P - Frozen food storage and locker rental - p p - - - - - - - - Junk salvage or automobile reduction/salvage yards - - - - - - - - - C - Laboratories, research and diagnostic - P P P14 P P 10,000sf P P P P - Manufacturing, artisan* P P P P15 P P 5,000sf P P P P - Manufacturing (light)* - C C C13 P18 P16 5,000sf P P16 P16 P - 31 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 26 July 29, 2016 development code redesign.docx Table of Uses Zoning districts Commercial Mixed Use Industrial PLI B-1 B-2 B-2M B-3 UMU (38.310. 050) REMU (38.310. 040) NEH MU1 BP M-1 M-2 Manufacturing (industrial) * - - - - - - - - - P - Outside storage - - - - - - P A A17 P A17 P A17 - Printing offices and publishing establishments - - - C C P 5,000sf - - - - - Refuse and recycling containers A A A A A A A A A A - Research laboratories - - - - P - - - - - - Sign paint shops (not including neon sign fabrication)27 - P P C C - A A A A - Technology research establishments - - - - - - P p p p - Warehousing* - - - - - - P - P P - Warehousing, residential storage (mini warehousing) (38.360.150)* - - - - - - P - P P - Residential & lodging Accessory dwelling unit (38.360.030) - P P - - - - Apartments and apartment buildings* P P 13 C P 19 P 13 P P - - - - - Bed and breakfast* - - - - - P C - - - - Community residential facilities with eight or fewer residents* P P 13 C P 13 C P 13 P P P - - - - Community residential - C C - P P - - - - - 32 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 27 July 29, 2016 development code redesign.docx Table of Uses Zoning districts Commercial Mixed Use Industrial PLI B-1 B-2 B-2M B-3 UMU (38.310. 050) REMU (38.310. 040) NEH MU1 BP M-1 M-2 facilities serving nine or more residents* Cooperative household* - - - - - P C - - - - Extended-stay lodgings - P P P P P 40,000sf C - - - - Fraternity, sorority or lodge - - - - - P - - - - - Group living (38.360.110)* - - - - - P P - - - - Home-based businesses (38.360.120)* - - - - - P A C - - - - Hotel or motel* - P P P P P 40,000sf P - P P - Lodging houses* - C C 19 C 13 P P - - - - - Private club, fraternity, sorority or lodge - p p P P - - - - - - Residential use which is clearly accessory to the operation of a permitted principal or conditional use - - - - - - A20, 21 - A20, 21 A20, 21 - Single household dwelling - - - - - P P - - - - Three- or four- household dwelling - - - - - P - - - - - Townhouses* P22 C22 P13,22 C22 P13,19 C22 P13,22 C22 - P23 - - - - - Two-household dwelling - - - - - P P - - - - Public, educational, government & regional Business, technical or vocational school - C C P 13 P P - - - - - 33 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 28 July 29, 2016 development code redesign.docx Table of Uses Zoning districts Commercial Mixed Use Industrial PLI B-1 B-2 B-2M B-3 UMU (38.310. 050) REMU (38.310. 040) NEH MU1 BP M-1 M-2 Bus terminals - C C C C - - - - - - Cemeteries (38.360.080)* - - - - - - - - - - P Essential services Type I (38.360.240) A A A A A A A A A A A Essential services Type II (38.360.240) P P P P P P P P P P P Essential services Type III (38.360.240) C 24 P P C 24 C C 24 P C P P P P Meeting hall - P P P P P - - - - - Museum - C C C P P - - - - p Other public buildings, e.g. fire and police stations and municipal buildings - - - - - - - - - - P Production manufacturing and generation facilities (electric and gas) - - - - - - - - - C - Public and non- profit, quasi- public institutions, e.g. universities, elementary junior and senior high schools and hospitals - - - - - - - - - - P Public buildings* p p p P P P P p p P - Publicly owned community centers* - - - - - - - - - - P Publicly owned land used for parks, playgrounds and open space - - - - - - P - - - P 34 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 29 July 29, 2016 development code redesign.docx Table of Uses Zoning districts Commercial Mixed Use Industrial PLI B-1 B-2 B-2M B-3 UMU (38.310. 050) REMU (38.310. 040) NEH MU1 BP M-1 M-2 Solid waste transfer station - - - - - - - - - C - Solid waste landfill and transfer facilities - - - - - - - - - - C Trade schools - - - - - - P - P P - Truck, bus and rail terminal facilities - - - - - - P - P P - Recreational, cultural & entertainment Adult business (38.360.040)* - - - - - - P C - P P - Amusement and recreational facilities - - - - - - P - P C - Arts and entertainment center* P P P P P P 12,000sf - - - - - Community centers (38.360.220)* P P P P 15 P P P C P P P - Museum, zoos, historic and cultural facilities and exhibits - - - - - - - - - - P Accessory and/or other uses Agriculture - - - - - - - - - P - Automobile parking lot or garage (public or private) P A P A P A P13 A P A P A P A P A P A P A A Parking facilities* P P P P 13 P - - - - - - Fences - - - - - - A A A A - Other buildings and structures (typically accessory to permitted uses) A A A A A A A A A A A 35 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 30 July 29, 2016 development code redesign.docx Table of Uses Zoning districts Commercial Mixed Use Industrial PLI B-1 B-2 B-2M B-3 UMU (38.310. 050) REMU (38.310. 040) NEH MU1 BP M-1 M-2 Temporary buildings and yards incidental to ongoing construction work - - - - - - A A A A - Any use, except adult businesses and casinos, approved as part of a planned unit development subject to the provisions of division 38.430. C C C C C C C C25 C25 C25 - Notes: 1. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren’t addressed in this table). 2. Convenience use restaurants with drive-ups or drive-throughs require additional buffering when adjacent to residential uses which may include, but are not limited to sound barrier walls, berms, and/or landscaping. 3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet, whichever is less, or occupying not more than 45 percent of the gross floor area of a food processing facility. 4. Exclusive of drive-ins. 5. Excluding adult businesses as defined in article 7 of this chapter. 6. Special REMU district conditions based on the amount of on-site retail uses: a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are limited to no more than four structures per 100 acres of contiguous master planned development and subject to subsection 38.310.040.C. b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are limited to no more than two structures per 100 acres of contiguous master planned development and subject to subsection 38.310.040.C. 7. Retail sales of goods produced or warehoused on site and related products, not to exceed 20 percent of gross floor area or 10,000 square feet, whichever is less. 8. Retail establishments other than principal uses listed in this section 9. Also subject to chapter 4, article 2. 10. No gaming allowed. 11. Limited to state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility. 36 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 31 July 29, 2016 development code redesign.docx 12. If primarily offering services to a single business or group of businesses within the same building or building complex. 13. When located on the second or subsequent floor, or basement as defined in article 7 of this chapter. 14. Professional and business offices only. 15. For uses in the downtown core as described in 38.300.120.A.3.a and located on the ground floor adjoining Main Street, a high volume, pedestrian-oriented use adjoining the building's entrance on Main Street is required. 16. Completely enclosed within a building. 17. Only if accessory to a principal use and if screened from the street and surrounding properties by a solid fence or dense plantings at least six feet in height. 18. Subject to the requirements of division 38.560 of this chapter. 19. Non-residential uses are required on the ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to designated Storefront Streets per section 38.500.010. 20. For the purposes of this section, accessory means less than 50 percent of gross floor area of a building, and being generally located on the second or subsequent floor. 21. May be subject to the provisions of chapter 38, article 3. 22. 5 or more attached units. 23. 5 attached units or less. 24. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 25. Also excludes retail, large scale uses. Note — Additional uses for telecommunication facilities are provided for in division 38.370 of this chapter. 37 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 32 July 29, 2016 development code redesign.docx Sec. 38.310.040. – Supplemental use standards for the residential emphasis mixed- use zoning district. (38.09.020) A. Uses required and limited. 1. REMU districts are intended to be developed with a mix of uses that encourage a range of building types, scales, densities, and site configurations. 2. Developments are encouraged to include nonresidential uses, especially commercial and neighborhood support services, mixed horizontally and/or vertically, to promote compact, walkable and sustainable neighborhoods. 3. Nonresidential uses shall not exceed 30 percent of the total gross building square footage of all uses within the master planned area unless otherwise allowed in this section, through a master site plan or planned unit development (PUD) review. 4. For the purposes of calculating the percentage of a use within the master planned area, the gross square foot floor area of building for each use shall be utilized. 5. The specific method of tracking will be determined during the master site plan, PUD, or site plan review. 6. Home-based businesses are not considered nonresidential uses and shall not be limited by the provisions of the section. 7. Nonresidential uses intended for public benefit and shared public amenities shall not be limited by the provisions of this section. These uses include, but are not limited to, schools, parks, community centers, city operated services and structured parking facilities. B. Development review applications. 1. To accomplish the intent of the district, the REMU district is anticipated to be located on sites five acres or larger. Development review applications for sites in the REMU district greater than, or equal to, five acres will be first subject to review as a master site plan per article 2 of this chapter; or as a PUD per division 38.430, as determined by the applicant. 2. Project applications for subsequent project phases in compliance with an approved master site plan or PUD may be reviewed as a site plan review or sketch plan review in accordance with article 19 of this chapter. 3. All development review applications for property in the REMU district smaller than five acres are subject to the standards in this article; and may be subject to review as a master site plan per division 38.230 upon a finding by the city that: a. The development application is for a site considered a major infill site, having a significant impact on an existing neighborhood; or may create a center within an existing neighborhood; b. The proposed development is located at an intersection deemed to have special significance; c. The proposed development may have a significant impact on existing transportation and open space network, pedestrian and bicycle travel; d. The proposed development requires a multi-year approval and multiple phases for completion. (Ord. No. 1802, § 2, 4-11-2011; Ord. No. 1828, § 10, 9-10-2012; Ord. No. 1838, § 3, 9-10-2012; Ord. No. 1874, § 5, 12-2- 2013; Ord. No. 1893, § 6, 8-11-2014) 38 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 33 July 29, 2016 development code redesign.docx Sec. 38.310.050. - Supplemental use standards for the urban mixed-use zoning district. A. Mixed uses required and limited. 1. Development shall include a mix of uses. 2. Uses shall be grouped as commercial, industrial, offices, institutional, and residential. A combination of at least two different groups of uses shall be provided within each site plan. 3. No use group shall exceed 70 percent of the total gross building floor area in the entire site development. Multiple buildings may be shown on a single site plan as allowed in division 38.230 of this chapter. 4. The ground level gross building area shall be at least 75 percent nonresidential in use. Structured parking is classified as a nonresidential use. Structured parking at the ground level shall include liner buildings of usable proportions along at least 40 percent of the building facades facing a street or greenway. 5. One residential dwelling unit shall be provided for each 10,000 square feet of nonresidential gross building area. The residential units may be provided as part of the last elements of a phase in a multi-phased development. 6. For the purposes of calculating the percentage of a use within the site development the gross square foot floor area of building for each use shall be utilized. (Ord. No. 1681, § 2(18.19.020), 6-4-2007; Ord. No. 1709, § 4(18.19.020), 7-16-2007; Ord. No. 1838, § 4, 9-10-2012; Ord. No. 1874, § 6, 12-2-2013; Ord. No. 1877, § 1, 12-2-2013; Ord. No. 1893, § 8, 8-11-2014) 39 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 34 July 29, 2016 development code redesign.docx 38.320 Form & intensity standards (related portions of Articles 8-14) Sec. 38.320.010. – Interpretation of tables. (new) A. The form and intensity standards tables include the form and intensity requirements for development specific to individual zoning districts. The zoning district is located on the vertical column and the form/intensity topic being addressed is located on the horizontal row of these tables. B. Where an code reference or link appears after the form and intensity topic, then the use is subject to standards set forth in that section or chapter. C. If a number appears in the box at the intersection of the column and the row, refer to the development condition with the corresponding number immediately following the table. If there are multiple numbers, then all development conditions apply. D. Sections 38.320.050-110 provide clarification and exceptions to the form and intensity standards herein. Sec. 38.320.020. – Form & intensity standards – residential districts. (38.08) A. Lot area and width: (38.08.040) 1. All lots shall have a minimum area as set forth in Table 38.320.020 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. 2. All lots shall have a minimum width as set forth in Table 38.320.020. These minimums assume a lack of development constraints. All lots must conform to development standards for provision of public and private utilities. 3. Lot area and width for R-S residential suburban lots. a. Lot area and width for newly created lots in R-S districts shall be determined through the PUD review procedures set forth in division 38.430 and in compliance with the adopted city growth policy. Unless otherwise approved through the planned unit development process, the average lot size shall be one acre. b. Existing lots in the R-S district not utilizing a community water and/or sewer system shall be considered nonconforming lots if less than one acre in area and/or 100 feet in width and subject to article 2 of this chapter. Existing lots in the R-S district utilizing a community water and/or sewer system shall be considered nonconforming lots if less than one-half acre in area and/or 100 feet in width and subject to division 38.270 of this chapter. 4. Lot area and width may be reduced to allow a density bonus through the PUD process. Amount of a bonus, methodology for calculating the bonus, and standards for allowing a bonus are described in subsection 38.430.090.E.2.b(6). (Ord. No. 1645, § 18.16.040, 8-15-2005; Ord. No. 1693, § 4(18.16.040), 2-20-2007; Ord. No. 1709, § 2(18.16.040), 7-16- 2007; Ord. No. 1761, exh. A (18.16.040), 7-6-2009; Ord. No. 1769, exh. E(18.16.040), 12-28-2009; Ord. No. 1830, § 8, 9- 24-2012) B. Minimum density. New residential development shall provide a minimum net density as set forth in Table 38.320.020 below. A minimum is required to support efficiency in use of land and provision of 40 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 35 July 29, 2016 development code redesign.docx municipal services, and to advance the purposes and goals of this chapter and the adopted growth policy. Density may be achieved by averaging lot sizes over an entire development. (38.08.080) (Ord. No. 1769, exh. E(18.16.090), 12-28-2009; Ord. No. 1830, § 9, 9-24-2012) Editor's note— Ord. No. 1830, § 9, adopted Sept. 24, 2012, repealed § 30.08.080 and renumbered § 38.08.090 as 38.08.080 as set out herein. The former § 38.08.080 pertained to additional RMH district performance standards and derived from Ord. No. 1645, § 18.16.080, adopted Aug. 15, 2005; Ord. No. 1693, § 4(18.16.080), adopted Feb. 20, 2007; Ord. No. 1709, § 2(18.16.080), adopted July 16, 2007; Ord. No. 1761, exh. A (18.16.080), adopted July 6, 2009; and Ord. No. 1769, exh. E(18.16.080), adopted Dec. 28, 2009. C. Lot coverage and floor area: (38.08.030) 1. Maximum lot coverage by principal and accessory buildings shall be as set forth in Table 38.320.020 below. 2. Minimum floor area requirements for each dwelling in all districts shall be that area required by the city's adopted International Building Code. 3. The total floor area of the dwelling built on a lot which was subject to the provisions of Ordinance 1604 (Exhibit A) (Code 1982, § 18.42.180), (excluding area used for a garage) shall not exceed a floor area ratio of 1:3.3. For example, if the lot is 5,000 square feet the square footage of the house can not exceed 1,515, or a ratio of one square foot of floor area for each 3.3 square feet of lot area. (Ord. No. 1645, § 18.16.030, 8-15-2005; Ord. No. 1693, § 4(18.16.030), 2-20-2007 Ord. No. 1709, § 2(18.16.030), 7-16- 2007; Ord. No. 1761, exh. A (18.16.030), 7-6-2009; Ord. No. 1769, exh. E(18.16.030), 12-28-2009; Ord. No. 1830, § 7, 9- 24-2012) D. Maximum building height for each residential district shall be as as set forth in Table 38.320.020 below. (38.08.060) (Ord. No. 1645, § 18.16.060, 8-15-2005; Ord. No. 1693, § 4(18.16.060), 2-20-2007; Ord. No. 1709, § 2(18.16.060), 7-16- 2007; Ord. No. 1761, exh. A (18.16.060), 7-6-2009; Ord. No. 1769, exh. E(18.16.060), 12-28-2009) E. Minimum yards: (38.08.050) 1. Minimum yards for each residential district shall be as as set forth in Table 38.320.020 below. 2. When a lot has one or more principal buildings which are oriented to place the functional rear of a building adjacent to a side lot line a setback from the property line equal to that for a rear yard shall be provided. 3. All yards are subject to the provisions of sections 38.340.060, 38.320.100, 38.410.100, 38.400.100 and 38.550.100. (Ord. No. 1645, § 18.16.050, 8-15-2005; Ord. No. 1693, § 4(18.16.050), 2-20-2007; Ord. No. 1709, § 2(18.16.050), 7-16- 2007; Ord. No. 1761, exh. A (18.16.050), 7-6-2009; Ord. No. 1769, exh. E(18.16.050), 12-28-2009) 41 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 36 July 29, 2016 development code redesign.docx Table 38.320.020 Table of Form & Intensity Standards – Residential Districts Use Type/Standard R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Minimum Lot Area (square feet)1 (38.08.040-I) Single-household dwelling See subsection C of this section 5,0001 5,0001 5,0001 5,0001 3,0001,2 5,0001 5,0001 Single-household dwelling (only for dwellings to satisfy minimum requirements of chapter 38, article 3)3 2,7004 2,7004 2,7004 2,7004 2,7004 2,7004 2,7004 2,7004 Two-household dwelling - - 6,000 6,000 6,000 5,000 6,000 - Two-household dwelling (only for dwellings to satisfy minimum requirements of chapter 38, article 3)3 - - 2,500 2,500 2,500 2,500 2,500 - Lot area per dwelling in three- or four-household dwelling configurations - - - 3,000 3,000 None 5 3,000 - Lot area per dwelling in three- or four-household dwelling configurations (only for dwellings to satisfy minimum requirements of chapter 38, article 3)3 - - - 2,500 2,500 None5 2,500 - Townhouses - - 3,0006 3,0007 3,0007 None5 3,0007 - Townhouses (only for dwellings to satisfy minimum requirements of chapter 38, article 3)3 2,500 2,500 2,500 2,500 2,500 None4, 5 2,500 2,500 Apartments - first dwelling - - - - 5,000 None5 5,000 - Apartments - each dwelling after the first - - - - 1,200 None5 1,200 - Apartments - each dwelling after the first (only for dwellings to satisfy minimum requirements of chapter 38, article 3)3 - - - - 900 None5 900 - Additional area required for an accessory dwelling unit8 1,0009 1,000 1,00010 1,00010 1,00010 None5 1,00010 - All other uses 5,0001 5,0001 5,0001 5,0001 5,0001 None5 5,0001 5,0001 Minimum Lot Width (feet) (38.08.040-2) Single-household dwelling See subsection C of this section 50/4011 50/4011 50/4011 50/4011 35/2511 50/4011 50/407 Single-household dwelling (only for dwellings to satisfy requirements of chapter 38, article 3) See subsection C of this section 30 30 30 30 30 30 30 42 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 37 July 29, 2016 development code redesign.docx Use Type/Standard R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Two household dwelling - - 60/5011 60/5011 50/5011 50/4011 50/5011 - Accessory dwelling unit12 50 50/4011 60/5011 60/5011 60/5011 None13 60/5011 - Dwellings in three- or four- household dwelling configurations - - - 60 60 None13 60 - Townhouses 30 30 30 Width of interior units Width of interior units Width of interior units Width of interior units - All other uses See subsection C of this section 50 50 50 50 None13 50 50 Density, Floor Area and Lot Coverage (38.08.030 & .080) Minimum density (dwellings per net acre) None 5 5 5 8 8 6 5 Maximum lot coverage14 25%15 40% 40% 16 40% 16 50% - - 40% 16 Maximum Building Height (feet) (38.08.060) Roof Pitch in Feet R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Less than 3:12 24 24 24 32 34 4417 34 24 3:12 or greater but less than 6:12 30 28 28 38 38 4817 38 28 6:12 or greater but less than 9:12 34 32 32 40 42 5217 42 32 Equal to or greater than 9:12 38 36 36 42 44 5417 44 36 Minimum Yards (feet)18 (38.08.050) (see 38.320.100 for yard encroachments, limitations & exceptions) Front yard - adjacent to arterial streets 19 35 20, 21 25 25 25 25 15 22 25 25 Front yard - adjacent to collector streets 19 3520, 21 20 20 20 20 15 22 20 20 Front yard - adjacent to local streets 19 3520, 21 15 15 15 15 15 22 15 15 Rear yard 2520, 21 2024 2024 2024 2024 20 2024 2024 Side yard 2520, 21 523 523 523 523 523 523 523 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. 2. Lots less than 5,000 square feet created on or after February 5, 2016 may be subject to the affordable housing provisions of division 38.380 of this chapter. 3. A larger lot size may be required to comply with the requirements of section 10.08.060, Table 10.08.060, Mix and Price of Dwelling Units. 43 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 38 July 29, 2016 development code redesign.docx 4. May only be utilized in developments subject to division 38.380. 5. Lot sizes may be variable provided they are sized and shaped sufficient to accommodate permitted uses and conform to applicable design and density standards. 6. Per townhouse lot. 7. For townhouse clusters the minimum average lot area per dwelling in an individual structure shall be 3,000 square feet. 8. As defined in article 7 of this chapter and subject to the requirements of division 38.360 of this chapter. 9. Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet. 10. Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to accessory buildings. Lot area and width shall be provided as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to section 38.360.030. 11. When the lot is adjacent to an alley and vehicle access is taken only from that alley. 12. Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to accessory buildings. Lot area and width shall be provided as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to 38.360.030. 13. Lot widths may be variable provided they are sized and shaped sufficient to accommodate permitted uses and conform to applicable design and density standards. 14. In all residential zoning districts for those lots used to satisfy the requirements of chapter 38, article 3, not more than 60 percent of the lot area shall be covered by principal and accessory buildings. When a larger lot has a portion of its total dwellings subject to the requirements of chapter 38, article 3, either directly or inherited from a previous subdivision, the portion used for those dwellings may have up to 60 percent of the lot area covered by principal and accessory buildings. 15. For newly created lots in the R-S district, determined through the PUD review procedures set forth in division 38..430, in compliance with the adopted city growth policy. 16. The maximum lot coverage for townhouses in the R-1, R-2, R-3, and RMH districts is 50%. 17. 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 penthouses, service elements, or habitable area and shall be set back from the edge of the building by at least 5 feet (see Figure 38.320.020 below for an example) to reduce the visibility of such feature. Figure 38.320.020. Limited exceptions to height limits for elevator or stair penthouses or similar features are permitted provided they occupy 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. 44 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 39 July 29, 2016 development code redesign.docx 18. 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. 19. Local, collector, and arterial streets are as designated in the city growth policy. 20. Minimum yard requirements for newly created R-S lots shall be determined through the PUD review process. 21. All pens, coops, barns, stables or permanent corrals shall be set back not less than 100 feet from any residence or public road and not less than 50 feet from any property line. 22. Porches and covered entries in the R-5 district may project up to six feet into the front yard area except where front yard utility easements prevent such projections. 23. No side yard is required for the interior walls of townhouses. 24. Adjacent to arterial streets as designated in the city growth policy, 25 feet. Figure 38.320.020. Local streets setback for dwelling and garage, except for R-S district. F. Residential garages. (38.320.020) 1. Attached residential garages shall not obscure the entrance to the dwelling. Attached garages are required to be clearly subordinate to the dwelling. A subordinate garage has two or more of the following characteristics: a. The principal facade of the dwelling has been emphasized through the use of architectural features such as, but not limited to, porches, fenestration treatment, architectural details, height, orientation or gables, so that the non-garage portion of the residence is visually dominant; b. The facade with the garage vehicle entrance is recessed at least four feet behind the facade of the dwelling containing the main entry; and/or 45 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 40 July 29, 2016 development code redesign.docx c. The area of the garage vehicle door comprises 30 percent or less of the total square footage, exclusive of any exposed roof areas, of the principal facade of the dwelling. Principal facade shall include all wall areas parallel to the garage door. 2. Alternative means of addressing the intent of this section will be considered. Detached garages are encouraged when they are compatible with the existing neighborhood development pattern. Vehicular garage access on nonprincipal facades and/or alleys is also encouraged. (Ord. No. 1645, § 18.16.070, 8-15-2005; Ord. No. 1693, § 4(18.16.070), 2-20-2007; Ord. No. 1709, § 2(18.16.070), 7-16- 2007; Ord. No. 1761, exh. A (18.16.070), 7-6-2009; Ord. No. 1769, exh. E(18.16.070), 12-28-2009) Figure 38.320.020.F Residential garages G. Special standards for R-5: All development within the R-5 district shall conform to chapters 1 through 4 of the design objectives plan established pursuant to article 3 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. (38.08.090) 46 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 41 July 29, 2016 development code redesign.docx Sec. 38.320.030. – Form & intensity standards – Residential emphasis mixed-use zoning district. (38.09.030.H) A. Lot area and width: All newly created lots shall have a minimum area adequate to provide for required yards and parking as set forth in Table 38.320.030 below. B. Lot coverage and floor area: 1. Maximum lot coverage by principal and accessory buildings shall be as set forth in Table 38.320.030 below. 2. Minimum floor area requirements for each dwelling shall be that area required by the city's adopted International Building Code. C. Maximum building height for applicable dwelling/use type shall be as as set forth in Table 38.320.030 below. D. Minimum yards: 1. Minimum yards for applicable dwelling/use type shall be as as set forth in Table 38.320.030 below. 2. All yards are subject to the provisions of sections 38.340.060, Design Criteria and Development Standards in Entryway Corridors, 38.320.100, Yard and Height Encroachments, Limitations and Exceptions, 38.410.100, Watercourse Setback, 38.400.100, Street Vision Triangle, and 38.550.100, General Maintenance, when applicable. Table 38.320.030 Table of Form & Intensity Standards – Residential Emphasis Mixed-Use Zoning District Standard Small-lot single- household Single- household Townhouse/ townhouse cluster1 Two to four household dwellings, group living, apartments Mixed use (residential over commercial) Non- residential Lot and Floor Area Standards Minimum lot area (square feet) 2,500 4,0002 - Note3 None4 - Minimum lot width (feet) 25 40 15.5 Note3 None4 - Maximum lot coverage 75% 50% 75% 75%5 75%5 100%6 Maximum allowable floor to area ratio 1.5:1 1:1 2.5:1 4:1 0.75:17 Max: 0.5:17 Minimum and Maximum Building Height (feet) (where only one number is shown in the column, the number shall represent the maximum height limit) 47 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 42 July 29, 2016 development code redesign.docx Standard Small-lot single- household Single- household Townhouse/ townhouse cluster1 Two to four household dwellings, group living, apartments Mixed use (residential over commercial) Non- residential Roof pitch: Less than 3:12 35 35 35 5 stories maximum 2 stories minimum & 5 stories maximum 15 feet minimum & 5 stories maximum8 Roof pitch: 3:12 or greater but less than 6:12 38 38 38 Roof pitch: 6:12 or greater but less than 9:12 40 40 42 Roof pitch: Equal to or greater than 9:12 42 42 44 Minimum-Maximum Yards (feet) (where only one number is shown in the column, there is no “maximum” yard) Front Yard Note9 Note10 Adjacent to arterial streets 25 25 25 25 - - Adjacent to collector streets 15-20 15-20 15-20 15-20 - - Adjacent to local streets 10-15 10-15 10-15 10-15 - - Rear Yard 10 15 10 10 - - Adjacent to arterial streets 25 25 25 25 - - Side Yard 511 511 512 5 - - Vehicle Entrances 2013 2013 2013 - - - Garages and Special Parking Standards Residential garages Note 14 Note 14 Note 15 Note 15 - - Special Parking Standards - - - Note16 Note7, 16 Note7, 16 Notes: 1. Additional notes. (1) Portions of site development review applications within the REMU zone for attached multi-household developments should be urban in character and may be designed such that each dwelling unit has a ground level entry oriented to the public realm, and sharing one or more walls with another dwelling unit. (2) Such units should be broadly consistent in scale and level of architectural detail, but shall be designed to emphasize a distinction in individual dwelling units through form, massing, articulation, color and other architectural means. 48 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 43 July 29, 2016 development code redesign.docx (3) Townhouse units may incorporate home-based businesses at the ground level with direct access from a public right-of-way or other accessible route. These uses are exempt from off-street parking requirements. (4) Developments incorporating townhouse units may include individual retail uses at the ground level no greater than 2,000 square feet in area, when located along the primary frontage. The first 2,000 square feet of any nonresidential use in this development type is exempt from off-street parking requirements. Parking lots for such uses shall not be permitted along primary street frontages. Apply standards of subsection 38.540.050.D for accessible parking spaces. 2. Additional area for accessory dwelling unit: 800 square feet minimum. 3. Apply standards of section 38.320.020, Table 38.320.020 (Lot Area Table), section 38.360.110, or if a structured internal parking facility is provided, then required lot area may be reduced by up to 50 percent. 4. Lots shall be sized to accommodate required open space required in subsection 38.420.020.E as applicable. 5. Lot coverage may be up to 100 percent if a structured parking facility is provided that accommodates all required parking. 6. Lot coverage may be up to 100 percent if parking requirements are met by shared or off-site parking facilities, or if a structured parking facility is provided that accommodates all required parking. 7. Special parking standards. (1) Structured parking incentive. A floor area bonus of one square foot of nonresidential up to a total of 50 percent of the gross building area of all uses may be granted for each square foot of area of structured parking. (2) Parking for individual lots may be provided elsewhere within the district with a shared parking agreement, provided that the overall parking ratio for the district is comparable with documented parking ratios in developments of similar scale, intensity of use, population density, and scope. 8. Single-story, single-use commercial buildings in compliance with all other standards of this division 38.320 permitted. 9. Yards: (1) No minimum yards are required for the mixed-use district. Easements for utilities or other special standards may require buildings to be placed back from lot lines. (2) Maximum setback. Buildings shall be oriented to the adjacent street. At least 50 percent of the total building frontage, which is oriented to the street, shall be placed within ten feet of any minimum required separation from the property line. 10. Yards. (1) Minimum yards. No minimum yards are required for nonresidential uses. Easements for utilities or other special standards may require buildings to be placed back from lot lines. (2) Maximum setback. Buildings shall be oriented to the primary street. At least 50 percent of the total building frontage, which is oriented to the street, shall be placed within ten feet of any minimum required separation from the property line. (3) Special yard requirements. All yards associated with non-residential development shall be subject to the provisions of subsection 38.550.050.C, Parking lot landscaping, and sub section 38.550.050.B, Additional screening requirements, when applicable. 11. Allow "zero-lot line" development through shared use easements or placement of buildings on or near one of the side lot line. 12. Or zero feet for interior walls of townhouses. 13. 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. 49 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 44 July 29, 2016 development code redesign.docx 14. Garages. Apply standards of section 38.320.020 and section 38.320.080 (except section 38.320.080.H). 15. Garages. To ensure that the subject housing types contribute to a community-oriented, pedestrian-friendly streetscape, they must comply with the following specific standards of this chapter. (1) Section 38.320.020, residential garages. (2) Subsection38.400.090.C.2.a, Drive access requirements—residential. (3) Subsection 38.540.010.D, stacking of off-street parking spaces. (4) Subsection 38.540.010.E, no parking permitted in required front or side yards. (5) Subsection 38.540.010.F, parking permitted in rear yards. 16. Bicycle parking. Covered bicycle parking shall be provided by all mixed use development. The covered spaces shall be either ten bicycle parking spaces or one-half of the total minimum bicycle parking whichever is less. (Ord. No. 1802, § 2, 4-11-2011) Sec. 38.320.040. – Form & intensity standards – Non-residential and other mixed- use districts. (Portions of Articles 10-14) A. Lot area and width: (38.10.040) All newly created lots shall have a minimum area adequate to provide for required yards and parking as set forth in Table 38.320.040 below. (Ord. No. 1645, § 18.18.040, 8-15-2005; Ord. No. 1693, § 5(18.18.040), 2-20-2007; Ord. No. 1709, § 3(18.18.040), 7-16- 2007; Ord. No. 1761, exh. B(18.18.040), 7-6-2009) B. Lot coverage and floor area: (38.10.030) 1. Maximum lot coverage by principal and accessory buildings shall be as set forth in Table 38.320.040 below. 2. Minimum floor area requirements for each dwelling in all districts shall be that area required by the city's adopted International Building Code. (Ord. No. 1645, § 18.18.030, 8-15-2005; Ord. No. 1693, § 5(18.18.030), 2-20-2007; Ord. No. 1709, § 3(18.18.030), 7-16- 2007; Ord. No. 1761, exh. B(18.18.030), 7-6-2009) C. Maximum building height for applicable non-residential and mixed-use districts shall be as as set forth in Table 38.320.040 below. (38.10.060) (Ord. No. 1645, § 18.18.060, 8-15-2005; Ord. No. 1693, § 5(18.18.060), 2-20-2007; Ord. No. 1709, § 3(18.18.060), 7-16- 2007; Ord. No. 1761, exh. B(18.18.060), 7-6-2009) D. Minimum yards: (38.10.050) 1. Minimum yards for applicable non-residential and mixed-use districts shall be as as set forth in Table 38.320.040 below. 2. When a lot has one or more principal buildings which are oriented to place the functional rear of a building adjacent to a side lot line a setback from the property line equal to that for a rear yard shall be provided. 3. All yards are subject to the provisions of sections 38.340.060, Design Criteria and Development Standards in Entryway Corridors, 38.320.100, Yard and Height Encroachments, Limitations and Exceptions, 38.410.100, Watercourse Setback, 38.400.100, Street Vision Triangle, and 38.550.100, General Maintenance, when applicable. (Ord. No. 1645, § 18.16.050, 8-15-2005; Ord. No. 1693, § 4(18.16.050), 2-20-2007; Ord. No. 1709, § 2(18.16.050), 7-16- 2007; Ord. No. 1761, exh. A (18.16.050), 7-6-2009; Ord. No. 1769, exh. E(18.16.050), 12-28-2009) 50 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 45 July 29, 2016 development code redesign.docx 4. The purpose of differentiated yard setback requirements in the B-1 and B-2 districts 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. Table 38.320.040 Table of Form & Intensity Standards – Non-Residential and Other Mixed-Use Districts Standard Zones Commercial zoning districts UMU Industrial zoning districts PLI NE- HMU B-1 B-2 B-2M B-3 BP M-1 M-2 Lot and Floor Area Standards Minimum lot area (square feet) 5,000 - - - - 43,560 7,500 - - 5,0001 Minimum lot width (feet) 50 100 - - - 150 75 100 - 502 Maximum lot coverage 100% 3 100% 100% 100% 100%4 - 100% 100% - 40%- 100% 5 Maximum impervious surfaces6 - - - - - 60% - - - - Minimum floor area ratio7 - - - - 0.50 - - - - - Building Height Standards (feet) Minimum building height - - - - 22 8 - - - - - Maximum building height Variable 9 55/7010 5511 45 45 - 45 Roof pitch < 3:12 34 38 12 3812 Roof pitch 3:12 or > 38 44 12 4412 Commercial floor space on ground floor (min. floor to ceiling height in feet) 12 12 12 12 Minimum Yard (feet) Front Yard 713 713 Note 14 015 016 2517 20 20 018 20 Rear Yard 10 10 10 19 015 016 2017 3 3 018 3 Side Yard 520 520 520 015 016 1517, 20 3 20 3 20 018 3 Side or Rear Yard Adjacent to Alley 5 5 - 5 016 5 5 5 5 Parking & loading areas (feet) Note 21 Note 21 Front Yard 25 25 Note 14 - 20 20 Rear Yard 10 22 10 22 5 22 0 23 - - - Side Yard 8 22 8 22 5 22 0 23 - - - 51 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 46 July 29, 2016 development code redesign.docx Standard Zones Commercial zoning districts UMU Industrial zoning districts PLI NE- HMU B-1 B-2 B-2M B-3 BP M-1 M-2 Garages and Special Parking Standards Residential Garages - - - - - - - - - Note 24 Special Parking Standards Note 25 Note 25 Note 25 Note 25 Note 25 Note 25 Notes: 1. The lot area shall provide all required yard areas and off-street parking and loading. Lot area per dwelling shall not be less than 5,000 square feet per detached single-household dwelling and 3,000 square feet per attached dwelling. Lot area per each dwelling used to satisfy the requirements of division 38. 380, shall not be less than 3,000 square feet per detached single-household dwelling and 2,500 square feet per attached dwelling. 2. No lot width shall be less than 50 feet except lot width for townhomes and lots or dwellings satisfying the requirements of division 38.380, may be not less than 30 feet. 3. In the B-1 district, the footprint of individual buildings shall not exceed 5,000 square feet. 4. In the UMU district, the footprint of individual buildings shall not exceed 45,000 square feet. 5. The maximum lot coverage shall be 40% for principally residential uses or 100% for principally non-residential uses. 6. A minimum of the remaining percentage of the total lot area shall be landscaped as defined in this chapter. 7. "Floor area ratio" is the ratio attained by dividing the gross square feet of building by gross land area of the lot being developed. A site plan for development may show future phases of buildings to be used to demonstrate compliance with the minimum floor area ratio standard. 8. Buildings within a development or each phase of a multi-phased development shall have varying heights achieved through the use of multiple stories. 9. B-2 height exceptions: 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 stepback of at least ten feet from the front face of the building. 52 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 47 July 29, 2016 development code redesign.docx Figure 38.320.040.1 The top floor of five story buildings within 30 feet of a street property line shall feature a ten-foot stepback along the front façade to reduce the perceived scale of 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. Figure 38.320.040.2 Limited exceptions to height limits for elevator or stair penthouses or similar features are permitted provided they occupy 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. 10. Maximum building height in the B-3 district shall be 55 feet in the district core area and 70 feet outside of the core area. 11. Maximum building height may be increased by up to but not more than an additional 25 feet when structured parking is provided per subsection 38.330.040.E.2, and when determined to be in compliance with the review criteria of section 38.230.100. 12. B-2 height exceptions: a. Maximum height may be increased by up to a maximum of 50 percent when the zoning district is implementing a regional commercial and services growth policy land use designation. b. Maximum height otherwise cumulatively allowed by this section may be increased by 30 percent through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. 53 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 48 July 29, 2016 development code redesign.docx 13. The minimum front yard in the B-1 and B-2 districts along arterials is 25 feet. Figure 38.320.040. B-2 district setbacks for local & arterial streets 14. Front yard provisions are set forth in the block frontage standards in section 38.500.010. 15. Special setback requirements for the B-3 district: a. No minimum yards prescribed for the B-3 district except a seven-foot front yard shall be required on Mendenhall and Babcock Streets. b. 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 for the B-1 district shall be required. 16. Easements for utilities or other special standards may require buildings to be placed back from lot lines. 17. All yards in the BP district fronting on public or private streets shall be a minimum of 25 feet. Front, rear and side yard requirements shall be increased three feet for each additional 5,000 square feet over a total gross footprint area of 25,000 square feet, up to maximum requirement of 40 feet for rear and side yards and 50 feet for front yards. 18. In the PLI district, there is no yard requirement except when a lot is adjacent to another district. The yards then shall be the same as the adjacent district. The yard requirements of RS shall be interpreted as those of R1. 19. The minimum rear yard is five feet for accessory buildings. 20. Zero lot lines are allowed per subsection 38.320.100.B 21. All vehicle entrances into garages shall be no closer than 20 feet to a property line, unless explicitly authorized otherwise under this chapter. 22-23. Side and rear yards for parking may be allowed to be zero feet when coordinated parking arrangements between adjacent properties is provided. 23. Rear and side yards adjacent to alleys shall be at least five feet. 24. For residential uses only, attached garages shall not obscure the entrance to the dwelling. Attached garages are encouraged to be clearly subordinate to the dwelling. A subordinate garage has one or more of the following characteristics: a. The principal facade of the dwelling has been emphasized through the use of architectural features such as, but not limited to, porches, fenestration treatment, architectural details, height, orientation or gables, so that the non-garage portion of the residence is visually dominant; 54 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 49 July 29, 2016 development code redesign.docx b. The facade with the garage vehicle entrance is recessed at least four feet behind the facade of the dwelling containing the main entry; and/or c. The area of the garage vehicle door comprises 20 percent or less of the total square footage, exclusive of any exposed roof areas, of the principal facade of the dwelling. Alternative means of addressing the intent of this section will be considered. Detached garages are encouraged. Vehicular garage access on non-principal facades and/or alleys is also encouraged. 25. This chapter provides opportunities for parking requirements to be met by shared and off-site parking as allowed by article 5 of this chapter. Sec. 38.320.050. - Area requirements for individual buildings—Restrictions. (38.21.010) No part of any yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building except as provided in section 38.540.060. (Ord. No. 1645, § 18.38.010, 8-15-2005; Ord. No. 1761, exh. F(18.38.010), 7-6-2009) Sec. 38.320.060. - Yards and lots reduction prohibited. (38.21.020) No yard or lot existing at the time of adoption date of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum requirements of this chapter except as set forth herein. Yards or lots created after the effective date of said ordinance shall meet at least the minimum requirements established by this chapter. (Ord. No. 1645, § 18.38.020, 8-15-2005; Ord. No. 1761, exh. F(18.38.020), 7-6-2009) Sec. 38.320.070. - Use of lands; buildings and structures. (38.21.030) A. Only uses specifically identified by this chapter to be built. No building, or structure or part thereof shall be erected, altered or enlarged for a use, nor shall any existing building, structure or part thereof, or land, be used for a purpose or in a manner that is not in conformity with the uses listed as authorized uses for the zone in which such buildings, structure or land is situated. In addition, any land, building or structure to be erected or used for a purpose listed as a conditional use in such zone shall first receive final approval of a conditional use permit. Existing nonconforming uses and structures shall be governed by division 38.270 of this chapter. B. No building, or part thereof, or structure shall be erected, nor shall any existing building be altered, enlarged or rebuilt, or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard and setback regulations designed for the zone in which such building or open space is located, except as otherwise specified in this chapter. C. Recreational vehicle parking on residential lot. No person shall park or occupy any recreational vehicle or mobile home on the premises of any occupied dwelling or on any lot which is not a part of the premises of any occupied dwelling, either of which is situated outside of any approved manufactured home community or recreational vehicle park except that: 1. The parking of only one unoccupied recreational vehicle in any accessory private garage, or in a rear yard in any district is permitted, providing no living quarters shall be maintained or any business practiced in the recreational vehicle while such recreational vehicle is so parked or stored; and 55 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 50 July 29, 2016 development code redesign.docx 2. In the event of hardship, temporary use permits may be granted for occupying such recreational vehicle or mobile home. D. Municipal infrastructure requirements. 1. Whenever any building lots and/or building sites are created inside the city limits or existing lots are annexed, and prior to the issuance of any building permits on such lots or sites, municipal water distribution, municipal sanitary sewer collection, and streets shall be provided to the site. Each building site must utilize and be connected to both the municipal water distribution and municipal sanitary sewer collection systems. Installation of improvements is subject to division 38.270 of this chapter. a. Alternative. When in the city's sole determination it is in the city's long term best interests to allow a building lot or site to be created or developed without immediate access to either municipal water or municipal sewer the city may, in its sole discretion, make such allowance when all of the following have been met: (1) The nonmunicipal system to service the lot or site shall be designed, reviewed and constructed to meet city standards. Systems serving more than one lot or user shall be central systems; (2) The nonmunicipal system shall be designed and constructed in a manner to allow connection to the municipal system components shown in applicable facility plans to serve the property at such time as it becomes available; (3) The landowner shall provide waivers of right to protest creation of SIDs or other financing methods to extend municipal water and sewer services. Such extensions or connections may require construction of system components that are not immediately adjacent to the building lot or site; (4) The landowner shall agree to connect to municipal water and sewer services and abandon and remove nonmunicipal services when so instructed by the city. Such agreement shall be binding on all successors and run with the land; (5) If the city takes responsibility to operate the nonmunicipal system it may impose a surcharge to cover extra operational expenses. City operation of the system is at the city's discretion; (6) The requirement for future connection to the municipal water and/or sewer system, waivers and agreements, and other applicable materials shall be either noted on the plat or final plan or a separate notice be recorded at the county clerk and recorder's office so that such notice will appear on a title report or abstract of the property; (7) No nonmunicipal water or sewer systems shall be constructed until it has received all necessary approvals from the state department of environmental quality, City of Bozeman, County Environmental Health, and any other relevant agency; and (8) The use of municipal water or sewer systems is considered to be the best means to protect the public interest and welfare. The alternative for the use of nonmunicipal systems is intended to be used sparingly and in extraordinary circumstances. In order to protect the public interest, in approving a nonmunicipal system the city may impose such conditions of approval as it deems necessary. 2. These improvements shall be designed, constructed and installed according to the standards and criteria as adopted by the city and approved by the city prior to the issuance of any building permits. 56 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 51 July 29, 2016 development code redesign.docx 3. When municipal water distribution and municipal sanitary sewer collection systems are being provided to serve a development proposal occurring under the provisions of division 38.430, planned unit development (PUD), the issuance of a building permit may be allowed prior to completion of the public infrastructure, provided the criteria of section 38.270.030 are met. 4. Notwithstanding the provisions of subsection D.3 of this section, the city may limit the scope, type and number of projects eligible for simultaneous construction consideration. (Ord. No. 1645, § 18.38.030, 8-15-2005; Ord. No. 1761, exh. F(18.38.030), 7-6-2009; Ord. No. 1828, §§ 32, 33, 9-10-2012) Sec. 38.320.080. - Dwelling unit restrictions. (38.21.040) A. No use of unfinished structures. No cellar, garage, tent, tepee, yurt, basement with unfinished structure above, accessory building, or vehicle; or any manufactured home or recreational vehicle outside of an approved manufactured home community, recreational vehicle park, or approved individual lot in accordance with section 38.360.140 shall at any time be used as a dwelling unit, unless approved for use as a temporary dwelling unit due to a demonstrated hardship. B. Use of basements. The basement portion of a finished home shall be properly damp-proofed and have heating, ventilation, suitable fire protection and exits if used for living purposes, and natural lighting. (Ord. No. 1645, § 18.38.040, 8-15-2005; Ord. No. 1761, exh. F(18.38.040), 7-6-2009) Sec. 38.320.090. - Accessory buildings, uses and equipment. (38.21.050) A. An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a common wall for not less than five feet. Figure 38.320.090.A. Accessory building example. 57 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 52 July 29, 2016 development code redesign.docx B. Accessory buildings, uses or equipment shall not be stored or constructed between the front lot line and required front building line. C. Accessory buildings and garages shall not be located within a utility easement without written approval of the easement holder. D. Accessory buildings in any business or industrial district may be located only to the rear of the front line of the principal building. E. No accessory building shall exceed the footprint of the principal building unless such accessory building has been otherwise approved per this chapter. An accessory building shall not either: 1. Exceed the height of the principal building unless such accessory building has been otherwise approved per this chapter; or 2. Within a residential district, exceed a height of 1½ stories, where a half story is established by a side wall, under a sloped roof, of three feet in height or less above the floor level within space allowed to be occupied by persons by the International Building Code. 3. The height between finished floor to finished floor shall not exceed 12 feet in residential districts. A greater height between finished floors may be approved in nonresidential districts if the other requirements of this chapter are met. F. Mechanical equipment screening. 1. Rooftop mechanical equipment should be screened. Screening should be incorporated into the roof form when possible. The requirement for screening of rooftop mechanical equipment does not apply to solar or wind energy collection devices. 2. Ground-mounted mechanical equipment shall be screened from public rights-of-way with walls, fencing or evergreen plant materials. Mechanical equipment shall not encroach into required setbacks. G. Detached structures setback requirements. 1. Accessory structures less than or equal to 120 square feet in footprint shall not be located in any front, side, or corner-side yard and shall maintain a minimum setback of three feet from the property lines in the rear yard. 2. Accessory structures greater than 120 square feet but less than or equal to 600 square feet in footprint shall not be located in any front, side, or corner-side yard. The accessory structure shall be set back a minimum of either: six feet, or when parking is provided between the structure and the rear property line, 20 feet except when required parking spaces need a greater setback for back-up maneuverability. See the following examples: Alley Right-of-Way Width Setback for Garage Setback for a Garage with Stacked Parking Off of an Alley 30 feet 6 feet 20 feet 20 feet 6 feet 26 feet 16 feet 10 feet 30 feet 14 feet 12 feet 32 feet 58 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 53 July 29, 2016 development code redesign.docx 3. Accessory structures greater than 600 square feet shall not be located in any required front, rear, or side yard and shall provide adequate back-up maneuverability for required parking spaces. Figure 38.320.090.G.1. Detached structure setback requirements. Figure 38.320.090.G.2. Garage setback requirements. 59 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 54 July 29, 2016 development code redesign.docx H. Structures may occupy not more than 20 percent of the area of the lot located to the rear of the principal building. I. All structures located within the neighborhood conservation or entryway corridor overlay districts require a certificate of appropriateness unless exempted in division 38.340. J. Not more than two deviations shall be granted for any accessory structure. (Ord. No. 1645, § 18.38.050, 8-15-2005; Ord. No. 1761, exh. F(18.38.050), 7-6-2009; Ord. No. 1830, § 15, 9-24-2012) Sec. 38.320.100. - Yard and height encroachments, limitations and exceptions. (38.21.060) A. Permitted encroachments into yards. The following shall be permitted encroachments into required yards, subject to any and all applicable International Building Code requirements: 1. Architectural features which do not add usable area to a structure, such as chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, eaves, gutters, awnings, window wells and steps, provided such architectural features do not extend more than five feet into any required front or rear yard; 2. Architectural features, which do not add usable area to a structure, such as chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, awnings, window wells and steps, provided such architectural features do not extend more than two feet into any required side yard, except that eaves and gutters may extend 2.5 feet into any required side yard; 3. Terraces and patios, uncovered decks and stoops or similar features, provided that such features shall not extend above the height of the ground floor level of the principal structure nor more than five feet into any required front or rear yard or two feet into any required side yard; 4. Where porches, covered terraces and covered decks occupy not more than one-third of the length of the building wall, excluding the width of the garage if applicable they may encroach: a. Where the required front yard is greater than 15 feet, not more than five feet into any required front yard; b. Not more than five feet into a required rear yard; c. Not more than two feet into any required side yard; and 5. Fire escapes may be permitted in required side or rear yards only; 6. Wheelchair ramps may encroach into any required yard, but shall not be located closer than three feet from any property line; and 7. Flagpoles, ornamental features, trees, shrubs, walkways, and nameplate signs may be located within a required yard. Street vision triangle requirements apply. 8. Essential services Type I and Type II may be located within a required yard when they are within a utility easement. 60 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 55 July 29, 2016 development code redesign.docx Figure 38.320.100.A. Permitted encroachments. B. Zero lot line conditions. In districts where zero side yard setbacks are not otherwise allowed, where an individual owns two or more adjoining lots, or where the owners of two or more adjoining lots make legal written agreement recorded at the county clerk and recorder, a zero lot line concept may be used for commercial or single-household dwelling unit developments. In residential districts this may result in the creation of a two-household residential structure, only in districts permitting such a structure, or the creation of townhouse clusters in districts permitting such structures. In all such cases in residential districts, a minimum eight-foot side yard shall be maintained adjacent to the exterior side, or nonzero lot line side, of the structure. Figure 38.320.100.B. Zero lot line conditions. 61 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 56 July 29, 2016 development code redesign.docx C. Special yard setbacks. 1. Where the required setback is greater than 15 feet, the corner side yard for any corner lot not located on an arterial street may be 15 feet. However, where the vehicular access to a garage is located on the frontage of the corner side yard, the portion accessible to vehicles shall maintain at least a 20-foot setback. 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. 3. Setbacks from watercourses as set forth in section 38.410.100. 4. Setbacks from intersections as set forth in section38.400.090. Figure 38.320.100.C. Special yard setbacks. D. Height limitation exceptions. 1. Non-specific exemptions. No building, or part thereof, or structure shall be erected, reconstructed or structurally altered to exceed in height the limit herein designated for the district in which such building is located, except as is specified in division 38.250 of this chapter, or as specifically authorized as an approved condition of a planned unit development. Such approved conditions must include the recommendations of the city fire marshal. 2. Specific exemptions. a. Height limitations shall not apply to church spires, belfries, cupolas and domes; monuments; chimneys and smokestacks; flag poles; public and private utility facilities; parapet walls extending no more than four feet above the limiting height of the building except as hereinafter provided; amateur radio antennae; solar energy collectors and equipment used for the mounting or operation of such collectors; and building mounted horizontal and vertical axis wind energy collectors under 15 feet in height from the building mounting surface and equipment used for the mounting or operation of such collectors. 62 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 57 July 29, 2016 development code redesign.docx b. Places of public assembly in churches, schools and other permitted public and semipublic buildings may exceed height limitations otherwise established by this chapter, provided that: (1) These are located on the ground floor of such buildings; and (2) That for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional one foot over the side and rear yards required in the district. c. Elevator and stair penthouses, water tanks, monitors and scenery lofts are exempt from height limitations otherwise established in this chapter, provided that no linear dimension of any such structure exceed 50 percent of the corresponding street frontage line. d. Towers and monuments, cooling towers, gas holders or other structures, where the manufacturing process requires a greater height, and grain elevators and silos are exempt from this chapter, provided that any structure above the height otherwise permitted in the district shall occupy no more than 25 percent of the area of the lot and shall be at least 25 feet from every lot line. e. Height restrictions for wireless facilities are governed by division 38.370 of this chapter. (Ord. No. 1645, § 18.38.060, 8-15-2005; Ord. No. 1761, exh. F(18.38.060), 7-6-2009; Ord. No. 1828, § 34, 9-10-2012; Ord. No. 1893, § 12, 8-11-2014) Sec. 38.320.110. -Fences, walls and hedges(38.23.140) A. Location and height. Except as provided in section 38.400.100, fences, walls and hedges, in any district may be located on lot lines provided such fences, walls and hedges comply with the following height requirements: 1. Do not exceed six feet in height in any required rear or required side yard. Fences exceeding six feet in height shall be subject to the minimum yard requirements of the district in which such fences are located. Decorative post caps may exceed the height limit by no more than one additional foot. Fences in excess of six feet in height require a building permit before installation may commence. Fences may not exceed eight feet in height. a. A gate may be provided which defines an entrance point. The gate may have a defining structure so long as the defining structure is not more than one foot wide on either side of the gate. Gate structure heights may not exceed twice the allowed fence height. 2. Do not exceed four feet in height in any required front yard or any portion of a required corner side yard that is forward of the rear edge of the building facade nearest the corner side yard. Decorative post caps may exceed the height limit by no more than one additional foot. 3. Fences used in an agricultural pursuit to retain stock animals or for public safety shall be excepted. 4. The height of fences located in the B-3 district shall meet the requirements of this section for any provided, not required, yards. B. Relation to linear parks. Fences located in the rear or side yard setback of properties adjoining any city linear park shall have a maximum height of four feet. C. Construction and maintenance. Every fence or wall shall be constructed in a substantial, workman- like manner and of substantial material reasonably suited for the purpose for which the fence or wall is proposed to be used. Every fence or wall shall be maintained in a condition of reasonable repair 63 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 58 July 29, 2016 development code redesign.docx and shall not be allowed to become and remain in a condition of disrepair, damage or unsightliness, or constitute a nuisance, public or private. Any such fence or wall which is, or has become, dangerous to the public safety, health or welfare, or has become unsightly through improper maintenance or neglect is a public nuisance and the building official shall commence proper proceedings for the abatement thereof. D. Barbed wire and electric fences. 1. No barbed wire or similar sharp fencing or electric fences shall be permitted, except in R-S districts; except that barbed wire or other similar sharp fencing materials may be used on the top of security fences in M-1 and M-2 districts. 2. When electrically charged fences are used in an R-S district, such fences shall be posted with warning signs at intervals not to exceed 150 feet where such fences are adjacent to public rights-of-way. E. Measuring fence and wall height. In case of a fence erected on top of a retaining wall, the height shall be measured from the grade of the high side of the wall. F. "Finished" side out. Any fence or wall constructed so as to have only one elevation "finished," which shall be defined as not having its supporting members significantly visible, shall be erected such that the finished elevation of the fence is exposed to the adjacent property. G. Fencing of utilities and outdoor storage areas. 1. All utility substations, wells, storage facilities or other utilities shall be screened from view by a wall, fence, hedge or landscape screen. 2. All storage for commercial operations shall be conducted within a completed enclosed building or within an area completely enclosed, except for access points, by a wall, fence, hedge or landscape screen at least six feet in height. Figure 38.320.110 Fences (Ord. No. 1645, § 18.42.130, 8-15-2005; Ord. No. 1693, § 13(18.42.130), 2-20-2007; Ord. No. 1709, § 12(18.42.130), 7-16- 2007; Ord. No. 1761, exh. H(18.42.130), 7-6-2009; Ord. No. 1769, exh. G(18.42.130), 12-28-2009) 64 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 59 July 29, 2016 development code redesign.docx Sec. 38.320.120. – Outdoor storage (38.23.160) A. All materials, supplies, merchandise or other similar matter not on display for direct sale, rental or lease to the ultimate consumer or user shall be stored within the confines of a 100 percent opaque wall or fence not less than six feet tall. B. No storage of any type shall be permitted within any required yard, and shall be subject to section 38.360.160. C. All areas designated for vehicle and equipment storage shall be screened from view from the street and adjacent properties as per subsection A of this section. Vehicle and equipment storage areas shall not be subject to parking lot paving or landscape requirements, but shall be subject to drainage detention requirements and appropriate dust control requirements. (Ord. No. 1645, § 18.42.160, 8-15-2005; Ord. No. 1693, § 13(18.42.160), 2-20-2007; Ord. No. 1709, § 12(18.42.160), 7-16- 2007; Ord. No. 1761, exh. H(18.42.160), 7-6-2009; Ord. No. 1769, exh. G(18.42.160), 12-28-2009) Sec. 38.320.130. – Trash and garbage enclosures. (38.23.170) A. A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than single-household dwellings, duplexes, individually owned townhouse or condominium units, in every zoning district, except where a property is entirely surrounded by screen walls or buildings. Trash enclosures shall be constructed so that contents are not visible from a height of five feet above grade from any abutting street or property. Trash enclosures shall comply with the following regulations: 1. Location. Trash enclosures, surrounding standard steel bins (dumpsters), shall be located on the site for convenient pickup service, and the location shall be shown on required site plans. Trash enclosures shall not be located in required front yards, and shall be situated so that containers can be pulled straight out of the enclosure or so the solid waste truck can back straight into it. The location of all trash enclosures shall be subject to review and approval by the city's solid waste division. 2. Construction. Trash enclosures shall be constructed of solid or ornamental pierced masonry walls or other appropriate materials, with a solid concrete floor sloped for drainage and maintenance of sanitary conditions. Enclosures shall be architecturally compatible with the principle structure. Enclosures shall be of sufficient height to conceal contents, including containers, but in no case shall be less than four feet in height above grade. 3. Exception. A garbage enclosure is not required for dumpsters accessed via an alley. 4. Construction enclosure. For applications other than those classified as sketch plan reviews per section 38.230.050, the applicant shall designate a temporary enclosed refuse storage area on the site plan, including a typical detail with dimensions and type of materials, for the storage and collection of building material debris during the construction phase of the project, and that said debris area is shown accordingly on the final site plan. (Ord. No. 1645, § 18.42.170, 8-15-2005; Ord. No. 1693, § 13(18.42.170), 2-20-2007; Ord. No. 1709, § 12(18.42.170), 7-16- 2007; Ord. No. 1761, exh. H(18.42.170), 7-6-2009; Ord. No. 1769, exh. G(18.42.170), 12-28-2009; Ord. No. 1804, § 6, 7-11- 2011) 65 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 60 July 29, 2016 development code redesign.docx Sec. 38.320.140. - Standards for specific site impacts and elements. (38.21.070) A. Surface-water ponding. Natural ponding areas shall be retained as much as possible or, if necessary, enlarged or modified as directed by the city engineer to restrict the off-site runoff, subject to the stormwater runoff control provisions of this chapter and the city's stormwater drainage requirements. B. Trash and garbage incineration. No exterior incineration of materials is permitted except as allowed by the department of public safety. C. Smoke, dust and other particulate matter. The emission of smoke or other particulates from any point source shall not exceed a density greater than that permitted by Method 9, 40 CFR 60 Appendix A. Dirt, dust, fly ash and other forms of particulate matter shall not be emitted beyond the property lines of the use creating the particulate matter. D. Bulk storage (liquid). All uses associated with bulk storage of all gasoline, liquid fertilizer, chemicals, flammable and similar liquids shall comply with International Building Code and International Fire Code requirements and any applicable county regulations. E. Water quality, hazardous wastes and wastewater. Discharge of hazardous waste, chemicals or wastewater will be subject to state department of environmental quality standards and permitting processes. But in no case shall any hazardous waste, hazardous chemicals or hazardous wastewater be discharged into any perennial stream within the city. F. Odors and toxic gases. 1. The emission of odors shall be controlled such that objectionable or offensive odors are not perceptible beyond a distance of 50 feet past the property lines of the use creating the odors. 2. No toxic, noxious or corrosive fumes or gases shall be emitted beyond the property lines of the use creating such fumes or gases. G. Noise. No noise shall be produced that causes a violation of the city's regulations regarding disturbance of the peace or creates a nuisance. H. Vibrations. No ground vibrations, except for those only perceptible with the use of instruments, shall be permitted beyond the property lines of the use generating the ground vibrations. I. Electrical disturbance. No activity shall be permitted which causes electrical disturbances affecting the operation of any equipment located beyond the property line of the activity. This subsection J does not apply to uses which are regulated by and are in compliance with federal agencies or law. J. Glare and heat. Any use producing intense glare or heat shall be conducted so that the glare is effectively screened from view at any point on the lot line of the lot in which the use is located. Any heat will be dissipated so that it is not perceptible without instruments at any point on the lot line of the lot on which the use is located. K. Fire and explosive hazards. Any use or activity involving the use or storage of combustible, flammable or explosive materials shall be in compliance with the International Fire Code as adopted by the city. Burning of waste materials in open fires is prohibited, unless otherwise permitted by and in conformance with, another ordinance. L. Liquid or solid waste. No materials, compounds or chemicals, which can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause emissions of 66 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 61 July 29, 2016 development code redesign.docx elements which are offensive or hazardous to the public health, safety and general welfare shall be discharged at any point into any public sewer, private sewage disposal system or stream or into the ground, except in accordance with this Code and the standards approved by the state department of environmental quality or such governmental agency as may have jurisdiction over such activities. M. Fissionable, radioactivity or electromagnetic disturbance. No activities shall be permitted which utilize fissionable or radioactive materials if, at any time, their use results in the release or emission of any fissionable or radioactive material into the atmosphere, ground or sewerage system. No activities or devices shall be permitted which at any time emit radio-frequency energy affecting any activity or the operation of any equipment beyond the site property line. Radio-frequency energy shall be considered as being electromagnetic energy at any frequency in the radio spectrum between ten kilocycles and 3,000,000 megacycles. This limitation on radio-frequency interference does not apply to those uses and circumstances falling under the jurisdiction of the FCC. (Ord. No. 1645, § 18.38.070, 8-15-2005; Ord. No. 1761, exh. F(18.38.070), 7-6-2009) Sec. 38.320.150. - Clean up of property and revegetation required. (38.21.080) A. Cleanup of property. Prior to final plat or final occupancy approval, the developer shall ensure that all construction and other debris are removed from the development. This includes concrete, asphalt, dead trees and shrubs, and fencing materials. B. Revegetation. All areas disturbed during construction shall be reseeded with vegetation types approved by the county weed control supervisor. (Ord. No. 1645, § 18.38.080, 8-15-2005; Ord. No. 1761, exh. F(18.38.080), 7-6-2009) 67 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 62 July 29, 2016 development code redesign.docx 38.330 Zone specific & overlay district provisions (related portions of Articles 9-15 that don’t fit in 38.320 or .330) Sec. 38.330.010. – REMU District - Special standards.) (38.09.030) A. The special standards set forth in this section are minimum standards for a development review application. Standards not specifically addressed by this section are subject to the standards set forth in this chapter. B. Landscape and planting standards. Table 38.330.010-1 lists the minimum number of points needed for landscape plan approval for development types within REMU districts. Table 38.330.010-1 Special Standards Development Type Lot With Residential Adjacency Lot Without Residential Adjacency Residential small-lot single-household N/A per subsection 38.550.020.B N/A per subsection 38.550.020.B Residential: Single-household N/A per subsection 38.550.020.B N/A per subsection 38.550.020.B Residential: Townhouse 2 to 4 attached units N/A per subsection 38.550.020.B N/A per subsection 38.550.020.B Residential: Townhouse or townhouse cluster 5 or more attached units 23 23 Residential: Two to four household dwellings N/A per subsection 38.550.020.B N/A per subsection 38.550.020.B Residential: Apartments 5 or more units 23 23 Mixed use with residential 15 15 Non residential projects 23 15 PUD 23 23 _____ C. Street and circulation standards. 1. The policies and standards of the city's long-range transportation plan apply to REMU districts. New streets within REMU districts shall be complete streets that accommodate pedestrians, bicycles, buses, automobiles and wintertime snow storage, and work in concert with internal property accesses and adjacent development to create a connected and vibrant public realm. REMU street standards also include the following stipulations: a. Natural storm drainage systems are allowed within street rights-of-way. b. Boulevard strips and medians may incorporate natural drainage technologies. c. Buildings shall be oriented with front facades facing the street. 68 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 63 July 29, 2016 development code redesign.docx i. Where this is not possible, a side facade may face the street, but at least 25 percent of its surface area must be transparent windows. The overall design of side facades should address the public nature of the street. d. Shared drive accesses shall be used to reduce the need for additional curb cuts, when feasible. e. On-street parking should be maximized wherever feasible. 2. Front-loaded local streets. To ensure that front-loaded streets are community-oriented and pedestrian-friendly, adjacent buildings, garages and driveways must comply with the following specific standards of this chapter. a. Section 38.320.020, residential garages. b. Subsection 38.400.090.C.2.a, drive access requirements—Residential. c. Subsection 38.540.010.D, stacking of off-street parking spaces. d. Subsection 38.540.010.E, no parking permitted in required front or side yards. e. Subsection 38.540.010.F, parking permitted in rear yards. 3. Woonerfs. Woonerfs, or streets where pedestrians and cyclists have priority over motorists, are encouraged on private drive accesses or properties in the REMU district. Woonerfs may be permitted on public local streets or alleys through the subdivision variance or PUD process. 4. Mews. Mews, or alleys lined with garages and living quarters above, are encouraged on private drive access or properties in the REMU district. Mews may be permitted on alleys through the subdivision variance or PUD process. 5. Shared drive accesses. Apply standards of section 38.400.090.F (shared drive access) and in article 7 (shared access definition). 6. Alleys. Alleys are encouraged, but not required, in the REMU district. a. Apply standards of subsection 38.400.060.B (street improvement standards—alleys) where applicable. D. Building standards. 1. The minimum floor area requirements for each dwelling in all districts shall be that area required by the city's International Building Code. "Floor area ratio" is the ratio attained by dividing the gross square feet of building by gross land area of the lot(s) being developed. A site plan for development may show future phases of buildings to be used to demonstrate compliance with the minimum floor area ratio standard. 2. Floor-to-ceiling and floor-to-floor heights. a. All commercial space provided on the ground level shall have a minimum floor-to-ceiling height of 12 feet. b. Residential uses shall have no limit to floor-to-ceiling or floor-to-floor heights. 3. Buildings that contain nonresidential uses (other than home occupations) on the ground floor shall provide transparency along at least 50 percent of the linear length of the nonresidential facade. Transparency may be achieved with windows, building lobbies, building entrances, display windows, or windows affording views into retail, office, or lobby spaces. This requirement shall apply to both street fronts for buildings located on corner lots. 69 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 64 July 29, 2016 development code redesign.docx 4. Parking structures shall not have more than one two-way vehicle entrance or two one-way vehicle entrances facing any public way. Fifty percent of the ground floor linear frontage along the primary street must be retail, commercial, office, civic, residential, or live/work. 5. Building encroachments are permitted in accordance with section 38.320.090, subject to any and all applicable International Building Codes. 6. All projects in the REMU district are exempt from the rear yard lot coverage requirements of section 38.320.080.H. E. Lighting standards. All building entrances, pathways, and other pedestrian areas shall be lit with pedestrian-scale lighting that meet the requirements of section 38.570.010 (e.g., wall mounted, sidewalk lamps, bollards, landscaping lighting, et cetera). Alternative lighting meeting the intent of the design guidelines and other criteria of this chapter, may be approved through development review. F. Natural surveillance standards. The proposed site layout, building, and landscape design promote natural surveillance of the area by employees, visitors, and residents. Physical features and activities should be oriented and designed in ways that maximize the ability to see throughout the site. For example, window placement, the use of front porches or stoops, use of low or see-through walls, and appropriate use of landscaping and lighting can promote natural surveillance. Sight-obscuring shrubs and walls should be avoided, except as necessary for buffering between commercial uses and lower density residential districts, and then shall be minimized. G. Public space standards. The REMU district is urban in nature. Public parks and recreational areas are likewise expected to be urban in nature. This may include elements such as plazas or other hardscaping, landscaping with planters and furniture. Such areas may be more concentrated in size and development than anticipated in a less urban setting. Public spaces shall be designed to facilitate distinct types of activities to encourage consistent human presence and activity. The requirements of this section shall give direction in the development of park plans and the application of the standards of article 4 of this chapter. 1. Public spaces shall be designed to: a. Facilitate social interaction between and within groups; b. Provide safe, pleasant, clean and convenient sitting spaces adaptable to changing weather conditions; c. Be attractive to multiple age groups; d. Provide for multiple types of activities without conflicting; e. Support organized activities; f. Be visually distinctive and interesting; g. Interconnect with other public and private spaces; and h. Prioritize use by persons. Sec. 38.330.020. – B-2M District - Special standards. (38.10.070) All development within the B-2M district shall conform to chapters 1 through 4 of the design objectives plan established pursuant to division 38.340 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. 70 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 65 July 29, 2016 development code redesign.docx Sec. 38.330.030. - Special standards. (38.09.030) A. The special standards set forth in this section are minimum standards for a development review application. Standards not specifically addressed by this section are subject to the standards set forth in this chapter. B. Landscape and planting standards. Table 38.330.010-1 lists the minimum number of points needed for landscape plan approval for development types within REMU districts. Table 38.330.030-1 Special Standards Development Type Lot With Residential Adjacency Lot Without Residential Adjacency Residential small-lot single-household N/A per subsection 38.550.020.B N/A per subsection 38.550.020.B Residential: Single-household N/A per subsection 38.550.020.B N/A per subsection 38.550.020.B Residential: Townhouse 2 to 4 attached units N/A per subsection 38.550.020.B N/A per subsection 38.550.020.B Residential: Townhouse or townhouse cluster 5 or more attached units 23 23 Residential: Two to four household dwellings N/A per subsection 38.550.020.B N/A per subsection 38.550.020.B Residential: Apartments 5 or more units 23 23 Mixed use with residential 15 15 Non residential projects 23 15 PUD 23 23 _____ C. Street and circulation standards. 1. The policies and standards of the city's long-range transportation plan apply to REMU districts. New streets within REMU districts shall be complete streets that accommodate pedestrians, bicycles, buses, automobiles and wintertime snow storage, and work in concert with internal property accesses and adjacent development to create a connected and vibrant public realm. REMU street standards also include the following stipulations: a. Natural storm drainage systems are allowed within street rights-of-way. b. Boulevard strips and medians may incorporate natural drainage technologies. c. Buildings shall be oriented with front facades facing the street. i. Where this is not possible, a side facade may face the street, but at least 25 percent of its surface area must be transparent windows. The overall design of side facades should address the public nature of the street. 71 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 66 July 29, 2016 development code redesign.docx d. Shared drive accesses shall be used to reduce the need for additional curb cuts, when feasible. e. On-street parking should be maximized wherever feasible. 2. Front-loaded local streets. To ensure that front-loaded streets are community-oriented and pedestrian-friendly, adjacent buildings, garages and driveways must comply with the following specific standards of this chapter. a. Section 38.320.020, residential garages. b. Subsection38.400.090.C.2.a, drive access requirements—Residential. c. Subsection 38.540.010.D, stacking of off-street parking spaces. d. Subsection 38.540.010.E, no parking permitted in required front or side yards. e. Subsection 38.540.010.F, parking permitted in rear yards. 3. Woonerfs. Woonerfs, or streets where pedestrians and cyclists have priority over motorists, are encouraged on private drive accesses or properties in the REMU district. Woonerfs may be permitted on public local streets or alleys through the subdivision variance or PUD process. 4. Mews. Mews, or alleys lined with garages and living quarters above, are encouraged on private drive access or properties in the REMU district. Mews may be permitted on alleys through the subdivision variance or PUD process. 5. Shared drive accesses. Apply standards of subsection38.400.090.F (shared drive access) and article 7 (shared access definition). 6. Alleys. Alleys are encouraged, but not required, in the REMU district. a. Apply standards of subsection 38.400.060.B (street improvement standards—alleys) where applicable. D. Building standards. 1. The minimum floor area requirements for each dwelling in all districts shall be that area required by the city's International Building Code. "Floor area ratio" is the ratio attained by dividing the gross square feet of building by gross land area of the lot(s) being developed. A site plan for development may show future phases of buildings to be used to demonstrate compliance with the minimum floor area ratio standard. 2. Floor-to-ceiling and floor-to-floor heights. a. All commercial space provided on the ground level shall have a minimum floor-to-ceiling height of 12 feet. b. Residential uses shall have no limit to floor-to-ceiling or floor-to-floor heights. 3. Buildings that contain nonresidential uses (other than home occupations) on the ground floor shall provide transparency along at least 50 percent of the linear length of the nonresidential facade. Transparency may be achieved with windows, building lobbies, building entrances, display windows, or windows affording views into retail, office, or lobby spaces. This requirement shall apply to both street fronts for buildings located on corner lots. 4. Parking structures shall not have more than one two-way vehicle entrance or two one-way vehicle entrances facing any public way. Fifty percent of the ground floor linear frontage along the primary street must be retail, commercial, office, civic, residential, or live/work. 72 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 67 July 29, 2016 development code redesign.docx 5. Building encroachments are permitted in accordance with section 38.320.100, subject to any and all applicable International Building Codes. 6. All projects in the REMU district are exempt from the rear yard lot coverage requirements of subsection 38.320.080.H. E. Lighting standards. All building entrances, pathways, and other pedestrian areas shall be lit with pedestrian-scale lighting that meet the requirements of section 38.570.010 (e.g., wall mounted, sidewalk lamps, bollards, landscaping lighting, et cetera). Alternative lighting meeting the intent of the design guidelines and other criteria of this chapter, may be approved through development review. F. Natural surveillance standards. The proposed site layout, building, and landscape design promote natural surveillance of the area by employees, visitors, and residents. Physical features and activities should be oriented and designed in ways that maximize the ability to see throughout the site. For example, window placement, the use of front porches or stoops, use of low or see-through walls, and appropriate use of landscaping and lighting can promote natural surveillance. Sight-obscuring shrubs and walls should be avoided, except as necessary for buffering between commercial uses and lower density residential districts, and then shall be minimized. G. Public space standards. The REMU district is urban in nature. Public parks and recreational areas are likewise expected to be urban in nature. This may include elements such as plazas or other hardscaping, landscaping with planters and furniture. Such areas may be more concentrated in size and development than anticipated in a less urban setting. Public spaces shall be designed to facilitate distinct types of activities to encourage consistent human presence and activity. The requirements of this section shall give direction in the development of park plans and the application of the standards of article 4 of this chapter. 1. Public spaces shall be designed to: a. Facilitate social interaction between and within groups; b. Provide safe, pleasant, clean and convenient sitting spaces adaptable to changing weather conditions; c. Be attractive to multiple age groups; d. Provide for multiple types of activities without conflicting; e. Support organized activities; f. Be visually distinctive and interesting; g. Interconnect with other public and private spaces; and h. Prioritize use by persons. Sec. 38.330.040. – UMU District - Special standards. (38.11.070) A. A UMU district is anticipated to generally be not less than 20 acres in area. The city may approve a lesser area of not less than ten acres upon finding that a smaller area will still provide for adequate transition between adjacent districts, provide a reasonable community setting for the intensity of the district, and that a smaller area will not constitute spot zoning. B. The district shall be surrounded by perimeter streets unless precluded by topography. C. All development within the urban mixed-use district, regardless of location within the city, shall conform to chapters 1 through 4 of the design objectives plan established in division 38.340 of this 73 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 68 July 29, 2016 development code redesign.docx 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. D. Landscaping requirements shall be the same as the portion of the B-3 district outside the defined core area as shown in section 38.550.060, Table 38.550.060-1. E. Special parking standards. 1. Maximum surface parking. a. In order to achieve the intent of the district and achieve efficiency in the use of land, surface parking provided for the sole use of an individual development shall not exceed 100 percent of the minimum parking requirement for the subject land use based upon the requirements of division 38.540 of this chapter. The UMU district may utilize the parking reductions authorized in subsection 38.540.050.2.c.1. In determining the 100 percent requirement all qualifying reductions shall be included. b. Exemptions to subsection 38.330.040.E.1.a, to allow unstructured surface parking up to 100 percent of the minimum parking requirement exclusive of reductions may be approved through the development review process for developments that provide shared parking to other development, valet parking spaces, parking for off-site users for which an hourly or other regular rent is paid, or similarly managed parking facilities. 2. Structured parking incentive. A floor area bonus of one square foot may be granted for each square foot of area of parking provided within a building. Additional height of building is allowed to accommodate this additional building area per Table 38.320.040. 3. Bicycle parking. Covered bicycle parking shall be provided. The covered spaces shall be at least one-half of the total minimum bicycle parking. The minimum number of covered spaces shall be the greater of either ten bicycle parking spaces or five percent of motor vehicle parking provided on-site. F. Building standards. 1. Transitions. Where the UMU district is adjacent to another zoning district, those buildings greater than three stories and located within 50 feet of another zoning district, not including width of streets, shall have a stepped facade on the side facing the other district. The portion of the facade in excess of three stories shall be stepped back not less than 25 percent of the height of the initial three stories. Where applicable, cornices (e.g., building tops or first-story cornices) shall be aligned to generally match the height of those on adjacent buildings. 2. Floor-to-floor heights and floor area of ground-floor space. a. All commercial floor space provided on the ground floor of a mixed-use building shall have a minimum floor-to-ceiling height of 12 feet. b. All commercial floor space provided on the ground floor of a mixed-use building shall contain the following minimum floor area: (1) At least 800 square feet or 25 percent of the lot area (whichever is greater) on lots with street frontage of less than 50 feet; or (2) At least 20 percent of the lot area on lots with 50 feet of street frontage or more. 3. In the UMU district buildings shall provide transparency along at least 50 percent of the linear length of the building's facade. This may be achieved with windows, displays, building lobbies, building entrances, display windows, or windows affording views into retail, office, or lobby spaces. This requirement shall apply to both frontages of a building located on a corner lot. 74 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 69 July 29, 2016 development code redesign.docx a. The bottom edge of any window or product display window used to satisfy the transparency standard of this subsection F.3. may not be more than four feet above the adjacent sidewalk. b. Product display windows used to satisfy these requirements shall have a minimum height of four feet and be internally lighted. 4. Street-level openings on parking structures shall be limited to those necessary for retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator lobbies. Parking structures adjacent to streets shall have architectural detailing such as, but not limited to, standard size masonry units such as brick, divided openings to give the appearance of windows, and other techniques to provide an interesting and human-scaled appearance on the story adjacent to the sidewalk. 5. Buildings shall be articulated with modules, architectural detailing, individual floors visually expressed in the facade, and rhythm and pattern of openings and surfaces to be human-scale. 6. Buildings shall be oriented to the adjacent public or private street. G. Lighting. All building entrances, pathways, and other pedestrian areas shall be lit with pedestrian- scale lighting (e.g., wall mounted, sidewalk lamps, bollards, landscaping lighting, et cetera). Alternative lighting meeting the intent of the design guidelines and other criteria of this chapter, may be approved through site development review. H. Natural surveillance. The proposed site layout, building, and landscape design shall promote natural surveillance of the area by employees, visitors, and residents. Physical features and activities should be oriented and designed in ways that maximize the ability to see throughout the site. For example, window placement, the use of front porches or stoops, use of low or see-through walls, and appropriate use of landscaping and lighting can promote natural surveillance. Sight-obscuring shrubs and walls should be avoided, except as necessary for buffering between commercial uses and lower density residential districts, and then shall be minimized. I. Public spaces. The UMU district is urban in nature. Public parks and recreational areas are likewise expected to be urban in nature. This will include elements such as plazas or other hardscapes, landscaping with planters, furniture, developed recreation facilities such as basketball and tennis courts or indoor recreation facilities, and will be more concentrated in size and development than anticipated in a less urban setting. The requirements of this section shall give direction in the development of park plans and the application of the standards of division 38.420 of this chapter. The parkland dedication requirements of division 38.420, BMC may be satisfied by a cumulative contribution of land and the value of on-site improvements to create spaces with the characteristics and functions described in this section. Development within the UMU district may also utilize any of the options of sections 38.420.030 and 38.420.100 to satisfy the requirements of subsection 38.420.020.A, BMC. The requirements of this section shall prevail if these standards conflict with the application of the standards of article 4 of this chapter. 1. Public spaces shall be designed to facilitate at least three distinct types of the following types of activities to encourage consistent human presence and activity. 2. Public spaces shall be designed to: a. Facilitate social interaction between and within groups; b. Provide safe, pleasant, clean and convenient sitting spaces adaptable to changing weather conditions; c. Be attractive to multiple age groups; d. Provide for multiple types of activities without conflicting; 75 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 70 July 29, 2016 development code redesign.docx e. Support organized activities; f. Be visually distinctive and interesting; g. Interconnect with other public and private spaces; and h. Prioritize use by persons. (Ord. No. 1681, § 2(18.19.070), 6-4-2007; Ord. No. 1709, § 4(18.19.070), 7-16-2007; Ord. No. 1828, § 12, 9-10-2012; Ord. No. 1877, §§ 6—8, 12-2-2013) Sec. 38.330.050. – PLI District - Applicability. (38.13.020) To the maximum extent allowed by state law, all PLI development shall be subject to review and approval as provided for by this chapter, based upon recommendations received from the applicable review bodies established by article 2 of this chapter as may be applicable, and shall be required to comply with all applicable underlying zoning requirements, as well as any requirements for certificates of appropriateness as established in design objective plans or other overlay district regulations or guidelines. (Ord. No. 1645, § 18.22.020, 8-15-2005; Ord. No. 1693, § 7(18.22.020), 2-20-2007) Sec. 38.330.060. – NEHMU District - Special standards and requirements. (38.14.080) A. The requirements for landscape buffering for residential adjacency required by division 38.550 of this chapter are not applicable in the northeast HMU. B. All necessary screening or other buffering that is determined to be necessary between adjoining uses shall be the responsibility of the use that is established last in time. C. When a lot is adjacent to or across the street from a residential zoning district, the yard requirements shall be the same as the adjoining zone and buildings shall be screened with either a decorative fence or plantings. The provisions of R-S shall be interpreted as those of R-1. (Ord. No. 1645, § 18.24.080, 8-15-2005; Ord. No. 1693, § 8(18.24.080), 2-20-2007; Ord. No. 1709, § 6(18.24.080), 7-16-2007) Sec. 38.330.070. – Requirements for creation of a historic mixed-use district. (Article 15) A. Description and purpose. Due to historical development patterns, certain areas of the city are characterized by a mixture of uses such as residential and commercial uses, or residential and industrial uses, which are normally segregated under standard zoning districts. In some instances, provisions for a continuation of a mixture of uses will serve both the public interest and allow a more equitable balancing of private interests than would the utilization of a standard zoning district. Because of the variety of circumstances which exist in different areas of the city, and the different treatment accorded those areas in the growth policy, it is not possible to establish a zoning district with uniform listing of uses and standards which is applicable to all such areas. Therefore, the historic mixed-use (HMU) district is intended to provide procedures and criteria for recognition of such areas and for the development of standards governing each application of the district to a particular area. It is further intended that the HMU district will be very selectively used and shall not be used as a mechanism to discourage development of any permitted use within the district. A. Criteria for establishment of the historic mixed-use district. Before any area is designated as a HMU district, the city commission shall make affirmative findings that: 76 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 71 July 29, 2016 development code redesign.docx 1. The area to be classified as a HMU district includes the approximate equivalent of at least one standard city block of 300 feet by 300 feet, not held in single ownership unless developed over time while held in multiple ownership; 2. A special study of the area has been completed showing how the proposed historic mixed-use district would be integrated with the surrounding area consistent with the objectives of the growth policy and other applicable policies adopted by the city; 3. At least 50 percent of the lots to be classified as an historic mixed-use district are already developed with structures; 4. The existing development has occurred over a period of years and is characterized by a mixture of uses not permissible under a single zoning classification and includes a representative sampling of uses in the immediate area; 5. None of the standard zoning districts are capable of, or suitable for, promoting the objectives of the growth policy applicable to preexisting nonconforming uses; 6. The uses to be permitted within the HMU district will be compatible with one another and will provide a functional and healthful environment; and 7. The uses to be permitted and the development standards to be applied in the proposed district will promote the objectives of the growth policy and other applicable policies adopted by the city. C. Historic mixed-use district elements. 1. Because the HMU district is designed to be applied to diverse situations, the specific mixture of uses permitted and the development standards required will have to be specified for each application of the district to a particular area. Therefore, the ordinance applying the HMU district to a specific area shall contain the following elements: a. A description and purpose section setting forth the specific purposes the district is intended to accomplish in the particular situation; b. A use section setting forth the activities or categories of activities to be permitted, or the performance standards to be used in evaluating specific activities. This section shall govern the uses within a particular HMU district; and c. A standards section setting forth general development standards governing parking, lot coverage, setbacks, height limitations and other factors which are either different from or supplemental to the normal standards of this chapter. 2. Exemption. When an area has been classified as an HMU district, the general building and development standards set forth in this chapter shall govern. However, if the special development standards set forth under subsection C of this section are more restrictive than the general development standards, the special development standards set forth under subsection C of this section shall prevail. D. Initiation, procedures and notice. Application for HMU district designation shall be administered under the provisions established in division 38.260, Text and Map Amendments, of this chapter. 77 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 72 July 29, 2016 development code redesign.docx 38.340 Overlay district standards (Articles 16-18) Neighborhood Conservation Overlay District (NCOD) Standards Sec. 38.340.010. – NCOD - Intent and purpose. (38.16.010) A. All new construction, alterations to existing structures, movement of structures into or out of the neighborhood conservation overlay district, hereinafter referred to as the conservation district, or demolition of structures by any means or process will be subject to design review unless specifically exempted. The recommendations of the design review board or administrative design review staff shall be given careful consideration in the final action of the review authority. B. Sections 38.340.010 through 38.340.090 define and set forth standards which apply to the conservation district. C. The intent and purpose of the conservation district designation is to stimulate the restoration and rehabilitation of structures, and all other elements contributing to the character and fabric of established residential neighborhoods and commercial or industrial areas. New construction will be invited and encouraged provided primary emphasis is given to the preservation of existing buildings and further provided the design of such new space enhances and contributes to the aesthetic character and function of the property and the surrounding neighborhood or area. Contemporary design will be encouraged, provided it is in keeping with the above-stated criteria, as an acknowledged fact of the continuing developmental pattern of a dynamic, changing community. The neighboring community shall be provided notice and opportunity to comment upon the proposed property improvements in accordance with division 38.220. In addition, aggrieved persons shall have the right to appeal any design review decision made under the provisions of this article, in accordance with division 38.250. D. In view of the fact that most of the area included within the boundaries of the conservation district was developed and built out prior to the adoption of zoning and contemporary subdivision regulations, the construction, development pattern and range of uses is highly diverse and may not be in compliance with conventional regulatory requirements. This article recognizes that this diversity is a major contributing element of the historic character of these neighborhoods or areas. The provisions of this article shall be applied in a manner that will encourage the protection and enhancement of the many diverse features for future generations. E. The conservation district boundary is largely coterminous with the area surveyed in the effort that led to the listing of nine historic districts and 40 additional landmark structures in the National Register of Historic Places, and includes the nine designated historic districts and 40 individual landmarks. This article sets forth the means of protecting and enhancing the conservation district. F. It is further the purpose of the conservation district designation to protect and enhance neighborhoods or areas of significant land planning or architectural character, historic landmarks or other built or natural features for the educational, cultural, economic benefit or enjoyment of citizens of the city. It will be the policy and responsibility of the administrative entities of this article to: 1. Protect, preserve, enhance and regulate structures, archaeological or cultural sites, and areas that: a. Are reminders of past eras, events or persons important in local, state or national history; 78 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 73 July 29, 2016 development code redesign.docx b. Provide significant examples of land planning or architectural styles, or are landmarks in the history of land planning and architecture; c. Are unique or irreplaceable assets to the city and its neighborhoods; d. Provide examples of physical surroundings in which past generations lived; or e. Represent and express the unique characteristics of small agricultural-based, western city developmental patterns; 2. Enhance property values through the stabilization of neighborhoods and areas of the city, increase economic and financial benefits to the city and its inhabitants, and promote tourist trade and interests; 3. Develop and maintain the appropriate environment for buildings, structures, sites and areas, that reflect varied planning and architectural styles and distinguished phases of the city's history and prehistory; 4. Stimulate an enhancement of human life by developing educational and cultural dimensions, which foster the knowledge of the city's heritage, and cultivate civic pride in the accomplishments of the past; 5. Seek to maintain and enhance the many private and public elements that are unique to the fabric, theme and character of each neighborhood and area, including, but not limited to, lighting, pathways, street trees, natural areas and other features that may, from time to time, be identified by the citizens and property owners of neighborhoods, areas and subsections thereof; and 6. Provide the neighboring community with notice and opportunity to comment upon the proposed property improvements in accordance with division 38.220 of this chapter, with the exception of certain sketch plan applications with potentially little neighborhood impact, and to further provide aggrieved persons with the right to appeal review decisions made under the provisions of this article, in accordance with division 38.250 of this chapter. (Ord. No. 1645, § 18.28.010, 8-15-2005; Ord. No. 1693, § 9(18.28.010), 2-20-2007; Ord. No. 1709, § 7(18.28.010), 7-16-2007; Ord. No. 1761, exh. D(18.28.010), 7-6-2009; Ord. No. 1804, § 2, 7-11-2011) Sec. 38.340.020. - NCOD - Design review board and administrative design review staff powers and duties within conservation districts. (38.16.020) A. The DRB and administrative design review staff will review and make recommendations to the review authority regarding development within the neighborhood conservation district in order to maintain the underlying and desirable characteristics of structures and areas within such districts, while recognizing the need for innovation and individual expression in the development of these districts. B. In carrying out this mission, in addition to the duties established in division 38.200 of this chapter, the design review board and administrative design review staff shall have the duty to review any tax abatement or other incentive programs being considered by the city commission that are designed to stimulate preservation and rehabilitation of structures and properties, and to review any proposed action or development utilizing these abatement or incentive programs. (Ord. No. 1645, § 18.28.020, 8-15-2005; Ord. No. 1693, § 9(18.28.020), 2-20-2007; Ord. No. 1709, § 7(18.28.020), 7-16-2007; Ord. No. 1761, exh. D(18.28.020), 7-6-2009; Ord. No. 1828, § 13, 9-10-2012) 79 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 74 July 29, 2016 development code redesign.docx Sec. 38.340.030. - NCOD - Conservation district designation or recision. (38.16.030) A site, structure, object, area or district may be designated or rescinded as a landmark, or added to or removed from the conservation district by the city commission upon recommendation of the Historic Preservation Advisory Board subject to the provisions of division 6, Historic Preservation Advisory Board of article 5, chapter 2, and division 38.260, Text and Map Amendments, of this chapter. Property owner concurrence is necessary for the designation or recision of landmark status. (Ord. No. 1645, § 18.28.030, 8-15-2005; Ord. No. 1693, § 9(18.28.030), 2-20-2007; Ord. No. 1709, § 7(18.28.030), 7-16-2007; Ord. No. 1761, exh. D(18.28.030), 7-6-2009) Sec. 38.340.040. - NCOD - Certificate of appropriateness. (38.16.040) A. A certificate of appropriateness shall be required before any and all alteration(s) other than those specifically exempted in subsection 1. of this section or repair as defined in article 7 of this chapter, are undertaken upon any structure in the conservation district. The review authority for certificates of appropriateness is established in division 38.220 of this chapter. Compliance with the terms of the final decision is required. The Montana Historical and Architectural Inventory Form shall be reviewed and, if necessary, updated by the historic preservation staff to reflect current conditions on the site, prior to the review of the proposal. Application procedures are as follows: 1. No building, demolition, conditional use, sign or moving permit shall be issued within the conservation district until a certificate of appropriateness has been issued by the appropriate review authority, and until final action on the proposal has been taken. a. Limited exceptions. The following construction located within the neighborhood conservation overlay district, within an established historic district, or at a site which is individually listed on the National Register of Historic Preservation, does not require a certificate of appropriateness if the project satisfies the following standards: (1) Fences meeting all other provisions of this chapter (e.g. height limitations, street vision triangle, finished side out, etc. per section 38.410.130) which are built of wood, wrought-iron, or any other nonsynthetic material and whose construction allows "transparency" as set forth in Chapter 3, Section F of the design guidelines referenced in subsection 38.340.050.D. Chain link fencing is not included in this exception. (2) Basement egress windows whose window material and configuration is present elsewhere in the structure, and whose window wells are not on the front or corner- side yard elevation of the structure, and which do not establish or provide egress from an illegal dwelling unit. (3) Accessory structures under 120 square feet as measured from the outer edge of the exterior walls, which meet the setback requirements, are not more than 14 feet to their highest point and which do not require a building permit. (4) Alterations in roofing material, if installing wood shingle, slate, tile, or asphalt shingle material, and no changes are made to the roof shape, pitch or slope. 2. Application, review and public notice procedures for proposals located within the conservation district are set forth in division 38.230, Review Procedures for Site Development, article 2, Development Review Committee, Design Review Board, Administrative Design Review and Wetlands Review Board and division 38.20, Noticing, of this chapter. If the demolition or movement of structures or sites subject to the conservation district requirements is proposed, the procedures in section 38.340.080 shall apply. 80 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 75 July 29, 2016 development code redesign.docx 3. A denial of a certificate of appropriateness shall be accompanied by a written statement of reasons for the denial. 4. The architectural designs of individual workforce housing units used to satisfy the requirements of section 10.08.040 and meeting the requirements of section 10.08.070A.1.m are exempt from the review requirements of this article. This exemption does not extend to removal or alterations of existing structures. (Ord. No. 1645, § 18.28.040, 8-15-2005; Ord. No. 1693, § 9(18.28.040), 2-20-2007; Ord. No. 1709, § 7(18.28.040), 7-16-2007; Ord. No. 1761, exh. D(18.28.040), 7-6-2009; Ord. No. 1804, § 3, 7-11-2011) Sec. 38.340.050. - NCOD - Standards for certificates of appropriateness. (38.16.050) A. All work performed in completion of an approved certificate of appropriateness shall be in conformance with the most recent edition of the Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (published 1995), published by U.S. Department of the Interior, National Park Service, Cultural Resource Stewardship and Partnerships, Heritage Preservation Services, Washington, D.C. (available for review at the planning department). B. Architectural appearance design guidelines used to consider the appropriateness and compatibility of proposed alterations with original design features of subject structures, or properties and with neighboring structures and properties, shall focus upon the following: 1. Height; 2. Proportions of doors and windows; 3. Relationship of building masses and spaces; 4. Roof shape; 5. Scale; 6. Directional expression, with regard to the dominant horizontal or vertical expression of surrounding structures; 7. Architectural details; 8. Concealment of nonperiod appurtenances, such as mechanical equipment; and 9. Materials and color schemes (any requirements or conditions imposed regarding color schemes shall be limited to the prevention of nuisances upon abutting properties and prevention of degradation of features on the property in question. Color schemes may be considered as primary design elements if a deviation from the underlying zoning is requested). C. Contemporary, nonperiod and innovative design of new structures and additions to existing structures shall be encouraged when such new construction or additions do not destroy significant historical, cultural or architectural structures or their components and when such design is compatible with the foregoing elements of the structure and surrounding structures. D. When applying the standards of subsections A through C of this section, the review authority shall be guided by the design guidelines for the neighborhood conservation overlay district which are hereby incorporated by this reference. Application of the design guidelines may vary by property as explained in the introduction to the design guidelines. When reviewing a contemporary, non-period, or innovative design of new structures or addition to existing structure, the review authority shall be guided by the design guidelines for the neighborhood conservation overlay district to determine whether the proposal is compatible with any existing or surrounding structures. 81 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 76 July 29, 2016 development code redesign.docx E. Conformance with other applicable development standards of this chapter. F. Tax abatement certificate of appropriateness applications are also reviewed with the procedures and standards established in chapter 2, article 6, division 2. (Ord. No. 1645, § 18.28.050, 8-15-2005; Ord. No. 1660, § 1, 2-6-2006; Ord. No. 1693, § 9(18.28.050), 2-20-2007; Ord. No. 1709, § 7(18.28.050), 7-16-2007; Ord. No. 1761, exh. D(18.28.050), 7-6-2009) Sec. 38.340.060. - NCOD - Application requirements for certificates of appropriateness in conservation districts. (38.16.060) Applications for certificates of appropriateness shall be made in conjunction with applications for site plan approval in accordance with division 38.230 of this chapter. Where development projects in the conservation district require only sketch plan review as per division 38.230 of this chapter (i.e., single- household, two-household, three-household and four-household residential structures, each on individual lots; signs; fences; property alterations; and certain amendments to site plans), applications for certificates of appropriateness shall be made on a form provided by the planning department, and shall include the information and material as set forth in division 38.220 of this chapter. (Ord. No. 1645, § 18.28.060, 8-15-2005; Ord. No. 1693, § 9(18.28.060), 2-20-2007; Ord. No. 1709, § 7(18.28.060), 7-16-2007; Ord. No. 1761, exh. D(18.28.060), 7-6-2009) Sec. 38.340.070. - NCOD - Deviations from underlying zoning requirements. (38.16.070) A. Because the development of much of historic Bozeman preceded zoning, subdivision and construction regulations, many buildings within the conservation district do not conform to contemporary zoning standards. In order to encourage restoration and rehabilitation activity that would contribute to the overall historic character of the community, deviations from underlying zoning requirements may be granted as described in division 38.250 of this chapter. The criteria for granting deviations from the underlying zoning requirements are: 1. Modifications shall be more historically appropriate for the building and site in question and the adjacent properties, as determined by the standards in section 38.340.050, than would be achieved under a literal enforcement of this chapter; 2. Modifications will have minimal adverse effect on abutting properties or the permitted uses thereof; and 3. Modifications shall assure the protection of the public health, safety and general welfare. Approvals may be conditioned to assure such protection, and such conditions may include a time period within which alterations will be completed; landscaping and maintenance thereof; architectural, site plan and landscape design modifications; or any other conditions in conformity with the intent and purpose set forth in this article. (Ord. No. 1645, § 18.28.070, 8-15-2005; Ord. No. 1693, § 9(18.28.070), 2-20-2007; Ord. No. 1709, § 7(18.28.070), 7-16-2007; Ord. No. 1761, exh. D(18.28.070), 7-6-2009; Ord. No. 1804, § 4, 7-11-2011) Sec. 38.340.080. - NCOD - Demolition or movement of structures or sites within the conservation district. (38.16.080) A. The demolition or movement of any structure or site within the conservation district shall be subject to the provisions of this article. The review procedures and criteria for the demolition or movement of any structure or site within the conservation district are as follows: 82 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 77 July 29, 2016 development code redesign.docx 1. Applications for the demolition or movement of structures within the conservation district will not be accepted without a complete submittal for the subsequent development or treatment of the site after the demolition or movement has occurred. The subsequent development or treatment must be approved before a demolition or moving permit may be issued. 2. The demolition or movement of conservation district principal and accessory structures or sites, which are designated as intrusive or neutral elements by the state historical and architectural inventory, and that are not within recognized historic districts or in other ways listed on the National Register of Historic Places, shall be subject to review per divisions 38.220 and 230 of this chapter, and the standards outlined in section 38.340.050. The state historical and architectural inventory form shall be reviewed and, if necessary, updated by a qualified professional acceptable to the state historic preservation office to reflect current conditions on the site, prior to the review of the demolition or movement proposal. The review authority for the demolition or movement of structures or sites described within this section shall be coordinated with the larger project when demolition or movement is proposed in conjunction with a deviation, variance, conditional use permit or planned unit development application. 3. The demolition or movement of conservation district principal and accessory structures or sites, which are designated as contributing elements by the state historical and architectural inventory, and all properties within historic districts and all landmarks, shall be subject to public notice. Notice shall be provided in accordance withdivision 38.220 of this chapter. Prior to any final action on the application the review authority shall receive a recommendation from the historic preservation office; and if the demolition does not conform to the criteria below a recommendation from the historic preservation advisory board. The state historical and architectural inventory form shall be reviewed and, if necessary, updated by a qualified professional acceptable to the state historic preservation office to reflect current conditions on the site prior to the review of the demolition or movement proposal. The review authority for the demolition or movement of structures or sites described within this section shall be coordinated with the larger project when demolition or movement is proposed in conjunction with a deviation, variance, site plan, conditional use permit or planned unit development application. The review authority shall base its decision on the following: a. The standards in 38.340.050 and the architectural, social, cultural and historical importance of the structure or site and their relationship to the district as determined by the state historic preservation office and the planning department. b. If the review authority finds that the criteria of this section are not satisfied, then, before approving an application to demolish or remove, the review authority must find that at least one of the following factors apply based on definitive evidence supplied by the applicant, including structural analysis and cost estimates indicating the costs of repair and/or rehabilitation versus the costs of demolition and redevelopment: (1) The structure or site is a threat to public health or safety, and that no reasonable repairs or alterations will remove such threat; any costs associated with the removal of health or safety threats must exceed the value of the structure. (2) The structure or site has no viable economic or useful life remaining. 4. If an application for demolition or moving is denied, issuance of a demolition or moving permit shall be stayed for a period of two years from the date of the final decision in order to allow the applicant and city to explore alternatives to the demolition or move, including, but not limited to, the use of tax credits or adaptive reuse. The two-year stay may be terminated at any point in time if an alternate proposal is approved or if sufficient additional evidence is presented to otherwise satisfy the requirements of subsection 2 or 3 of this section. 83 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 78 July 29, 2016 development code redesign.docx 5. All structures or sites approved for demolition or moving shall be fully documented in a manner acceptable to the historic preservation planner and administrative design review staff prior to the issuance of demolition or moving permits. 6. In addition to the remedies in division 38.220 of this chapter, the owner of any structure or site that is demolished or moved contrary to the provisions of this section, and any contractor performing such work, may be required to reconstruct such structure or site in a design and manner identical to its condition prior to such illegal demolition or move, and in conformance with all applicable codes and regulations (Ord. No. 1645, § 18.28.080, 8-15-2005; Ord. No. 1693, § 9(18.28.080), 2-20-2007; Ord. No. 1709, § 7(18.28.080), 7-16-2007; Ord. No. 1761, exh. D(18.28.080), 7-6-2009; Ord. No. 1828, § 14, 9-10-2012) Sec. 38.340.090. - NCOD - Appeals. (38.16.090) Aggrieved persons, as defined in article 7 of this chapter, may appeal a final decision of the review authority pursuant to the provisions of division 38.250 of this chapter. In such event, the issuance of a certificate of appropriateness shall be stayed until the appeal process has been satisfied. (Ord. No. 1645, § 18.28.090, 8-15-2005; Ord. No. 1693, § 9(18.28.090), 2-20-2007; Ord. No. 1709, § 7(18.28.090), 7-16-2007; Ord. No. 1761, exh. D(18.28.090), 7-6-2009; Ord. No. 1804, § 5, 7-11-2011) (ARTICLE 17. - BOZEMAN ENTRYWAY CORRIDOR OVERLAY DISTRICT) Bozeman Entryway Corridor Overlay District (BECOD) Sec. 38.340.100. - BECOD - Title. (38.17.010) These regulations shall be known as the city entryway corridor overlay district regulations and may be cited as the entryway corridor regulations. (Ord. No. 1645, § 18.30.010, 8-15-2005; Ord. No. 1709, § 8(18.30.010), 7-16-2007; Ord. No. 1769, exh. F(18.30.010), 12-28- 2009) Sec. 38.340.110. - BECOD - Intent and purpose. (38.17.020) A. There are several arterial corridors entering the city that introduce visitors and residents alike to the city. The visual attributes of these roadways provide a lasting impression of the character of the city. It is the intent and purpose of this article to ensure that the quality of development along these corridors will enhance the impression and enjoyment of the community by guiding development and change, and by stimulating and assisting, in conjunction with other provisions of this chapter, improvements in signage, landscaping, access and other contributing elements of entry corridor appearance and function. B. It is the intent of this article to establish design criteria, standards and review procedures that will allow the city and its advisory boards and agencies to review and direct, in a fair and equitable manner, the development and redevelopment of future and existing properties and facilities within the entry corridors. The recommendations of the design review board or administrative design review staff shall be given careful consideration in the final action of the review authority. (Ord. No. 1645, § 18.30.020, 8-15-2005; Ord. No. 1709, § 8(18.30.020), 7-16-2007; Ord. No. 1769, exh. F(18.30.020), 12-28- 2009; Ord. No. 1828, § 15, 9-10-2012) 84 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 79 July 29, 2016 development code redesign.docx Sec. 38.340.120. - BECOD - Application of entryway corridor provisions. (38.17.030) A. Entryway corridors shall be designated on the city's official zoning map. The provisions of this article shall be applied in addition to any other applicable regulations of this chapter. Specifically, these provisions shall be applied to all developments within such corridors as follows: 1. Class I. All development wholly or partially within 660 feet of the centerline of the following roadways: a. Interstate 90, within or adjacent to the city boundaries, measured from the centerline of the outside lanes of the opposing roadways and from the centerline of the access ramps; b. Interstate 90 frontage roads, within the city boundaries, whether or not they are designated frontage roads; c. U.S. 191, west from Ferguson Road to the city boundaries; d. Nineteenth Avenue, north from Durston Road to the North 19th Avenue/Interstate 90 interchange, exclusive of the east side between Durston Road and the south boundary of Covered Wagon Mobile Home Park; and e. Oak Street, west from North Seventh Avenue to North Nineteenth Avenue. 2. Class II. All development wholly or partially within the lesser of one city block or 330 feet of the centerline of the following roadways, with the exception of residentially zoned lots (no exception for R-O district) that have no frontage upon said roadways: a. North Seventh Avenue from Interstate 90 to Oak Street and U.S. 10, from the Interstate 90/North Seventh Avenue interchange west to the city boundaries; b. Nineteenth Avenue, south from Durston Road to the city boundary, and the east side of Nineteenth Avenue, between the south boundary of Covered Wagon Mobile Home Park and Durston Road; c. Main Street, east from Broadway to Interstate 90; d. Main Street, west from a point 115 feet east of N. 15th Avenue to Ferguson Road; e. Rouse Avenue and State Primary 86 (Bridger Canyon Road) from Tamarack north and cast to the city boundary; f. Oak Street, west from Nineteenth Avenue to the east edge of Rose Park; and g. Oak Street, east from Seventh Avenue to Rouse Avenue. 3. When a Class I and a Class II corridor overlap the provisions of the Class I corridor shall govern. (Ord. No. 1645, § 18.30.030, 8-15-2005; Ord. No. 1709, § 8(18.30.030), 7-16-2007; Ord. No. 1769, exh. F(18.30.030), 12-28- 2009) Sec. 38.340.130. - BECOD - Design review board and administrative design review staff powers and duties within entryway corridors. (38.17.040) The design review board and administrative design review staff shall have the duties and powers established by division 38.200 of this chapter, within entryway corridors. (Ord. No. 1645, § 18.30.040, 8-15-2005; Ord. No. 1709, § 8(18.30.040), 7-16-2007; Ord. No. 1769, exh. F(18.30.040), 12-28- 2009) 85 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 80 July 29, 2016 development code redesign.docx Sec. 38.340.140. - BECOD - Certificate of appropriateness. (38.17.050) A. A certificate of appropriateness received from the reviewing authority after recommendation by the administrative design review staff or design review board, shall be required before any and all alterations other than repair as defined in article 7 of this chapter, are undertaken upon any structure in the entryway corridor. Compliance with the review authority's decisions will be mandatory subject to appeal as set forth in article 2 of this chapter. Application procedures are as follows: 1. No building, demolition, sign, conditional use permit or moving permit shall be issued within an entryway corridor until a certificate of appropriateness has been issued by the appropriate review authority and until final action on the proposal has been taken. 2. Application, review and public notice procedures for proposals located within entryway corridors are set forth in division 38.230, Review Procedures for Site Development; 200, Development Review Committee, Design Review Board, Administrative Design Review Staff and Wetlands Review Board; and 220, Noticing, of this chapter. 3. A denial of a certificate shall be accompanied by a written statement of reasons for the denial. (Ord. No. 1645, § 18.30.050, 8-15-2005; Ord. No. 1709, § 8(18.30.050), 7-16-2007; Ord. No. 1769, exh. F(18.30.050), 12-28- 2009; Ord. No. 1828, § 12, 9-10-2012) Sec. 38.340.150. - BECOD - Design criteria and development standards in entryway corridors. (38.17.060) A. In addition to the standards of division 38.230 of this chapter, the following general design criteria and development standards shall apply to all development occurring within the areas described in section 38.340.120: 1. The proposed development shall also comply with all applicable design standards and guidelines, including the design objectives plan for entryway corridors. 2. Setback, parking, building and landscape standards. a. The setback from any entryway corridor roadway right-of-way shall be landscaped, including the screening or buffering of parking areas, through the use of berms, depressed parking, native landscape materials surrounding and within parking areas, or other means in order to preserve the area's natural views. b. In addition to the qualitative design standards and guidelines in the design objectives plan for entryway corridors, parking areas and buildings shall: (1) Be set back at least 50 feet from any Class I entryway corridor roadway right-of-way; or (2) Be set back at least 25 feet from any Class II entryway corridor roadway right-of-way. (Ord. No. 1645, § 18.30.060, 8-15-2005; Ord. No. 1709, § 8(18.30.060), 7-16-2007; Ord. No. 1769, exh. F(18.30.060), 12-28- 2009) Sec. 38.340.160. - BECOD - Application requirements for certificates of appropriateness in entryway corridor. (38.17.070) A. Applications for certificates of appropriateness shall be made in conjunction with applications for site plan approval, in accordance with division 38.230 of this chapter. 86 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 81 July 29, 2016 development code redesign.docx B. Where development projects in the entryway corridor require only sketch plan review as per division 38.230 of this chapter (e.g., single-household, two-household, three-household and four- household residential structures, each on individual lots; signs; fences; property alterations; and certain amendments to site plans), applications for certificates of appropriateness shall be made in conjunction with an application for sketch plan review on a form provided by the planning department, and shall include the information and material as set forth in division 38.220 of this chapter. C. The architectural designs of individual workforce housing units used to satisfy the requirements of section 10.08.020 and meeting the requirements of section 10.08.070.1.m are exempt from the review requirements of this article. This exemption does not extend to removal or alterations of existing structures. (Ord. No. 1645, § 18.30.070, 8-15-2005; Ord. No. 1709, § 8(18.30.070), 7-16-2007; Ord. No. 1769, exh. F(18.30.070), 12-28- 2009) Sec. 38.340.170. - BECOD - Deviation from overlay or underlying zoning requirements. (38.17.080) A. To accomplish the intent and purpose of this article it may be necessary to deviate from the strict application of the overlay or underlying zoning requirements. Deviations from the underlying zoning requirements may be granted by the city after considering the recommendations of the design review board or administrative design review staff. B. The application for deviation shall be subject to the submittal and procedural requirements of divisions 38.230 and 38.220 of this chapter. The application shall be accompanied by written and graphic material sufficient to illustrate the initial and final conditions that the modified standards will produce. The review authority shall make a determination that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards, and which will be consistent with the intent and purpose of this article, and with the adopted design objectives plan for the particular entryway corridor. Upon such a finding, the review authority may authorize deviations of up to 20 percent beyond or below minimum or maximum standards respectively, as established in the underlying zoning district regulations. If the review authority does not find that the proposed modified standards create an environment, landscape quality and character superior to that produced by the existing standards, and which will be consistent with the intent and purpose of this article, and with the adopted design objectives plan for the particular entryway corridor, no deviation shall be granted. (Ord. No. 1645, § 18.30.080, 8-15-2005; Ord. No. 1709, § 8(18.30.080), 7-16-2007; Ord. No. 1769, exh. F(18.30.080), 12-28- 2009; Ord. No. 1828, § 17, 9-10-2012) Sec. 38.340.180. - BECOD - Appeals. (38.17.090) Aggrieved persons, as defined in article 7 of this chapter, may appeal the decision of the review authority pursuant to the provision of division 38.250 of this chapter. In such event, the issuance of a certificate shall be stayed until the appeal process has been completed. (Ord. No. 1645, § 18.30.090, 8-15-2005; Ord. No. 1709, § 8(18.30.090), 7-16-2007; Ord. No. 1769, exh. F(18.30.090), 12-28- 2009; Ord. No. 1827, § 2, 9-10-2012) 87 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 82 July 29, 2016 development code redesign.docx (ARTICLE 18. - CASINO OVERLAY DISTRICT ) Casino Overlay District (COD) Sec. 38.340.190. – COD - Intent. (38.18.010) The intent of the casino overlay district is to provide suitable locations for casinos, as defined in this chapter, based on review for impacts to neighboring uses and to minimize adverse effects on the community in the best interests of the public health, safety and general welfare. (Ord. No. 1645, § 18.32.010, 8-15-2005) Sec. 38.340.200. – COD - Application for zoning designation. (38.18.020) Any person wishing to establish a casino must make application as per division 38.260 of this chapter, Zoning Map Amendments, for a casino overlay district. (Ord. No. 1645, § 18.32.020, 8-15-2005) Sec. 38.340.210. – COD - Authorized uses. (38.18.030) A. Authorized uses in the casino overlay district are as follows: 1. Principal uses. a. All principal uses permitted in the M-1 district if the underlying zoning is M-1. b. All principal uses permitted in the M-2 district if the underlying zoning is M-2. 2. Conditional uses. a. Casinos. b. All conditional uses permitted in the M-1 district if the underlying zoning is M-1. c. All conditional uses permitted in the M-2 district if the underlying zoning is M-2. 3. Accessory uses. a. All accessory uses permitted in the M-1 district if the underlying zoning is M-1. b. All accessory uses permitted in the M-2 district if the underlying zoning is M-2. (Ord. No. 1645, § 18.32.030, 8-15-2005) Sec. 38.340.220. – COD - Restrictions. (38.18.040) A. Casino overlay districts shall be permissible zoning only in areas zoned M-1 light manufacturing district, or M-2 manufacturing and industrial district. B. Casino overlay districts shall not be located within an entryway corridor overlay district except for the Interstate 90 entryway overlay corridor. Casino overlay districts shall not be located in areas where the Interstate 90 entryway corridor overlaps other entryway corridor overlay districts. C. Casino overlay district lots shall not be located within 600 feet, in any direction, of lots used for schools, churches, residences, public parks or other casinos. 88 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 83 July 29, 2016 development code redesign.docx D. Sale for on-premises consumption of beer, wine and liquor is permissible only for casino and restaurant establishments. E. Casinos granted approval for sales for on-premises consumption of alcohol may not also sell automotive fuels. (Ord. No. 1645, § 18.32.040, 8-15-2005) Sec. 38.340.230. – COD - Lot area and width. (38.18.050) There shall be no minimum lot area, however no lot width shall be less than 100 feet and the lot area shall be sufficient to provide all required yard areas and off-street parking. (Ord. No. 1645, § 18.32.050, 8-15-2005) Sec. 38.340.240. – COD - Lot coverage. (38.18.060) The entire lot, exclusive of required yards, landscaping and parking may be occupied by the principal and accessory buildings. (Ord. No. 1645, § 18.32.060, 8-15-2005) Sec. 38.340.250. – COD - Yards. (38.18.070) A. Every lot within a casino overlay district shall have the following minimum yards: 1. Front yard: 25 feet. 2. Rear yard: ten feet. 3. Side yards: eight feet each side. Note— (All yards shall be subject to the provisions of sections 38.340.060, 38.360.100 and 38.410.100, when applicable.) (Ord. No. 1645, § 18.32.070, 8-15-2005) Sec. 38.340.260. – COD - Building height. (38.18.080) A. Maximum building height in a casino overlay district shall be: 1. Roof pitches of less than 3:12: 32 feet. 2. Roof pitches of 3:12 or greater: 38 feet. (Ord. No. 1645, § 18.32.080, 8-15-2005) (ARTICLE 32. - NONCONFORMING SITUATIONS ) 89 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 84 July 29, 2016 development code redesign.docx 90 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 85 July 29, 2016 development code redesign.docx 38.360 Index of supplemental use criteria (Articles 22 & 29) Sec. 38.360.010. - Purpose. (38.22.010) The purpose of this section is to further describe the standards and conditions under which certain uses may be permitted as principal or conditional uses in specific districts. (Ord. No. 1645, § 18.40.010, 8-15-2005; Ord. No. 1693, § 12(18.40.010), 2-20-2007; Ord. No. 1709, § 11(18.40.010), 7-16- 2007; Ord. No. 1761, exh. G(18.40.010), 7-6-2009) Sec. 38.360.020. - Applicability. (38.22.020) All uses listed in this section shall be subject to the specific standards described for each use, in addition to all other applicable standards. (Ord. No. 1645, § 18.40.020, 8-15-2005; Ord. No. 1693, § 12(18.40.020), 2-20-2007; Ord. No. 1709, § 11(18.40.020), 7-16- 2007; Ord. No. 1761, exh. G(18.40.020), 7-6-2009) Sec. 38.360.030. - Accessory dwelling units. (38.22.030) A. An owner or the owners of real property may establish and maintain an accessory dwelling unit, either within a detached single-household dwelling or above a detached garage which is accessory to the detached single-household dwelling, in the R-S or R-1 districts if all of the following conditions are met and continue to be met during the life of the accessory dwelling unit: 1. The detached dwelling unit within which the accessory dwelling unit is located, or the accessory dwelling unit itself, is actually and physically occupied as a principal residence by at least one owner of record who possesses at least an estate for life or a 50 percent fee simple ownership interest. No more than one of the dwellings, either the principal dwelling or the accessory dwelling, may be rented by non-owners at the same time. The city may require a guarantee of compliance with the requirements of this section, including but not limited to a binding deed restriction or covenant enforcing the single rental restriction as allowed in subsection 38.270.080.B, as a condition of approval; 2. In addition to the parking required for the principal residence, one paved off-street parking space is provided for the exclusive use of the accessory dwelling unit. The parking provided shall be located on the lot and may not utilize the on-street parking provisions of division 38.540 of this chapter; 3. The occupancy of the accessory dwelling unit does not exceed two persons; 4. Garages shall not be converted for use as accessory dwelling units. However, accessory dwelling units shall be permitted to be placed above garages only in subdivisions receiving preliminary plat approval after January 1, 1997; 5. No permit for an accessory dwelling unit shall be granted unless the lot has been configured to accept an accessory dwelling unit with adequate lot area, utility services, and compliance with setbacks and height standards; 6. In no case shall an accessory dwelling unit be larger than 800 square feet or have more than a single bedroom. The method of calculating the maximum ADU square footage will be "living area" defined as "all floor area exclusive of areas with a sloped ceiling less than three feet in height, stairwells, and exterior decks." Bedrooms, living rooms, kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living space shall be included in the maximum square footage calculation; 91 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 86 July 29, 2016 development code redesign.docx 7. Second story additions on detached garages shall be approved only if found compatible and consistent with the character and fabric of the neighborhood; 8. Only one accessory dwelling unit may be created per lot; and 9. If the accessory dwelling unit is a part of the principal dwelling unit, the accessory dwelling unit shall be clearly incidental to the principal dwelling unit and shall meet the following criteria: a. The accessory dwelling unit is created only in a single-household detached dwelling unit on a lot of 6,000 square feet or more; b. The accessory dwelling unit does not exceed one-third of the total area of the principal structure; c. The accessory dwelling unit is created only through internal conversion of the principal structure or constructed above a garage. Minor exterior changes may be made on the building, if the square footage added constitutes no more than ten percent of the principal structure's existing living area (exclusive of the garage); and d. If the entrance for the accessory dwelling unit is separate from the entrance of the principal structure, the entrance shall only be located in the rear or side yards. 10. All accessory dwelling units are subject to CUP provisions established in division 38.230 of this chapter. 11. No deviations shall be granted to lot area requirements or parking requirements to allow the establishment of an accessory dwelling unit. In no case shall more than a total of two deviations be granted to allow the establishment of an accessory dwelling unit. B. An owner or the owners of real property may establish per section 38.230.050 and maintain an accessory dwelling unit, in the R-2, R-3, R-4, R-O or, REMU (residential single-household lots only) districts if all of the following conditions are met and continue to be met during the life of the accessory dwelling unit. If the following conditions are not met the dwelling shall be reviewed under the provisions of section 38.230.090. 1. In addition to the parking required for the principal residence, the minimum number of required paved off-street parking shall be provided for the exclusive use of the accessory dwelling unit; 2. The occupancy of the accessory dwelling unit does not exceed two persons; 3. Garages shall not be converted for use as accessory dwelling units. However, accessory dwelling units shall be permitted to be placed above garages; 4. In no case shall an accessory dwelling unit be larger than 600 square feet or contain more than a single bedroom. The method of calculating the maximum ADU square footage will be "living area" defined as "all floor area exclusive of areas with a sloped ceiling less than five feet in height, stairwells, and exterior decks." Bedrooms, living rooms, kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living space shall be included in the maximum square footage calculation; 5. Second story additions on detached garages shall be approved only if found compatible and consistent with the existing character and fabric of the neighborhood; and 6. Only one accessory dwelling unit may be created per lot. 7. No deviations shall be granted to lot area requirements or parking requirements to allow the establishment of an accessory dwelling unit. In no case shall more than a total of two deviations be granted to allow the establishment of an accessory dwelling unit. 92 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 87 July 29, 2016 development code redesign.docx 8. The accessory dwelling unit is located above a detached garage. 9. An accessory dwelling unit may not be approved on a reduced size lot created to meet the minimum workforce housing requirements of chapter 38, division 380. C. The applicant shall comply with building department standards. D. Any accessory dwelling unit created within an accessory building is subject to the limitations of section 38.320.080. Figure 38.360.030.1. Accessory dwelling units. 93 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 88 July 29, 2016 development code redesign.docx Figure 38.360.030.2. Accessory dwelling units with dormer. (Ord. No. 1645, § 18.40.030, 8-15-2005; Ord. No. 1693, § 12(18.40.030), 2-20-2007; Ord. No. 1709, § 11(18.40.030), 7-16- 2007; Ord. No. 1761, exh. G(18.40.030), 7-6-2009; Ord. No. 1802, § 7, 4-11-2011; Ord. No. 1830, § 16, 9-24-2012) Sec. 38.360.040. - Adult businesses. (38.22.040) A. In addition to the requirements to be followed for all development established in this chapter, the following requirements shall apply to all adult businesses: 1. An adult business must be separated by at least a 500-foot radius from any other adult use, residence, residential district, school, place of worship, public park or any youth-oriented establishment. Subsequent establishment of one of the above-listed uses within the required separation radius does not compel the relocation of an adult business. (Ord. No. 1645, § 18.40.040, 8-15-2005; Ord. No. 1693, § 12(18.40.040), 2-20-2007; Ord. No. 1709, § 11(18.40.040), 7-16- 2007; Ord. No. 1761, exh. G(18.40.040), 7-6-2009) Sec. 38.360.050. - Alcohol sales for on-premises consumption. (38.22.050) Alcohol sales for on-premises consumption, on either a temporary or permanent basis, may not be conducted on the same lot or premises where an adult business or auto retail fuel sale is permitted. (Ord. No. 1645, § 18.40.050, 8-15-2005; Ord. No. 1693, § 12(18.40.050), 2-20-2007; Ord. No. 1709, § 11(18.40.050), 7-16- 2007; Ord. No. 1761, exh. G(18.40.050), 7-6-2009) Sec. 38.360.060. - Automobile repair and/or fuel sales. (38.22.060) A. In addition to the requirements to be followed for all convenience uses as defined in this chapter, and provided in section 38.360.100, the following requirements shall apply to all service station and automobile uses as listed in this section. Compliance with all criteria listed in this section does not necessarily guarantee approval by the city. 94 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 89 July 29, 2016 development code redesign.docx 1. Gas pump and pump island canopies are to be located not closer than ten feet to any side or rear property line. Design of the canopy shall architecturally match the design of the main building. All canopies shall be connected to the roof of the main structure unless otherwise approved. All lighting shall meet the lighting standards of this chapter. The maximum height of the canopy shall not exceed 18 feet. All signs must conform to the sign regulations of division 38.560 of this chapter; 2. All on-site activities, except those normally performed at the fuel pumps, are to be performed within a completely enclosed building; 3. Where towing service is to be provided, a parking bay for the towing vehicle is to be provided. Vehicles that are either under repair or vehicles that have been repaired may be stored on a temporary basis, not to exceed seven days, and designated parking bays must be provided for each vehicle awaiting repairs. Vehicle storage areas are subject to the same screening requirements as parking lots; 4. All lighting shall conform to section 38.570.010; 5. All structures approved under these standards shall be of a design character that is appropriate to the area in which they are to be constructed. Color renderings of buildings shall accompany each application and construction shall be in conformity thereto. Architectural detailing shall be consistent on all four sides of the building; 6. All restroom entrances shall be screened from view of adjacent properties or street rights-of- way by a decorative wall or landscaping, or shall be accessed from the inside of the main entrance to the building; 7. No outside storage of, and no sale, lease or rental of trailers, trucks or similar equipment shall be permitted except as may be specifically allowed in that zone; 8. Parking space for each service stall in the station shall be provided. Pump islands shall not be considered as service bays. Standing areas at pump islands and interior circulation areas shall not be used as parking areas in calculating required parking spaces; and 9. Automotive repair facilities. a. All repairs or painting shall be performed within a building; b. No site plan shall be approved which exposes unassembled vehicles, auto repair activities or auto parts to any street or residential district; c. Any facility shall be designed to contain and minimize noise and odors; and d. All facilities shall have a water quality facility (oil/water separator) as part of the water quality design for stormwater runoff, and shall conform to section 38.410.080. (Ord. No. 1645, § 18.40.060, 8-15-2005; Ord. No. 1669, § 1, 8-7-2006; Ord. No. 1693, § 12(18.40.060), 2-20-2007; Ord. No. 1709, § 11(18.40.060), 7-16-2007; Ord. No. 1761, exh. G(18.40.060), 7-6-2009) Sec. 38.360.070. - Automobile washing establishment. (38.22.070) A. In addition to the requirements to be followed for all convenience uses, the following requirements shall apply to all auto washing establishments: 1. All detergents must be biodegradable; 2. Building surfaces shall be faced with masonry, brick, stucco, wood or some other permanent looking material; 95 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 90 July 29, 2016 development code redesign.docx 3. Trash and litter containers shall be emptied daily. In addition, the site shall be patrolled at least once daily in order to remove litter; 4. Sale of automobile accessories such as batteries, tires, gasoline, etc., is prohibited during any period when establishment employees are not present; and 5. Canopies are to be located not closer than ten feet to any side or rear property line. Design of the canopy shall architecturally match the design of the main building. All lighting shall meet the lighting standards of this chapter. The maximum height of the canopy shall not exceed 18 feet. All signs must conform to the sign regulations of division 38.560 of this chapter. (Ord. No. 1645, § 18.40.070, 8-15-2005; Ord. No. 1693, § 12(18.40.070), 2-20-2007; Ord. No. 1709, § 11(18.40.070), 7-16- 2007; Ord. No. 1761, exh. G(18.40.070), 7-6-2009) Sec. 38.360.080. - Cemeteries. (38.22.080) A. Total site area, including business office and storage building, shall be a minimum of 40 acres, of which at least ten acres shall be subdivided and developed in the initial plot. B. The cemetery may include accessory uses such as a chapel, mortuary, office, mausoleum and those industrial uses which are incidental to the operation of a cemetery. Industrial uses may include such things as the manufacture of burial vaults and headstone foundations, provided all of the products are used on the site and are not offered for sale and use elsewhere. The cemetery shall not include uses of an industrial nature other than those stated in this section. (Ord. No. 1645, § 18.40.080, 8-15-2005; Ord. No. 1693, § 12(18.40.080), 2-20-2007; Ord. No. 1709, § 11(18.40.080), 7-16- 2007; Ord. No. 1761, exh. G(18.40.080), 7-6-2009) Sec. 38.360.090. - Condominiums. (38.22.090) A. Unit ownership act. Condominium developments shall comply with all provisions of the Unit Ownership Act, MCA 70-23-101 et seq., and all regulations adopted pursuant thereto. B. Condominium association. A condominium association shall be established for each condominium development. The developer shall prepare bylaws for the condominium association, as well as covenants, conditions and restrictions for the condominium development, in compliance with division 38.220 of this chapter. The bylaws, covenants, conditions and restrictions shall be submitted to the city for review and approval prior to the granting of final site plan approval or approval for condominiumization of existing development. C. Internal circulation in a condominium development shall be designed in accordance with division 38.540 of this chapter, and shall, when deemed necessary by the city engineer, comply with section 38.400.020. D. Condominiums may be subject to chapter 38, division 380. (Ord. No. 1645, § 18.40.090, 8-15-2005; Ord. No. 1693, § 12(18.40.090), 2-20-2007; Ord. No. 1709, § 11(18.40.090), 7-16- 2007; Ord. No. 1761, exh. G(18.40.090), 7-6-2009) 96 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 91 July 29, 2016 development code redesign.docx Sec. 38.360.100. - Convenience uses and drive-through/drive-in restaurants. (38.22.100) A. Architectural guidelines. 1. All convenience uses shall be designed with an architectural and design character that is appropriate for and compatible with the area, and shall also comply with all applicable design standards and guidelines including the design objectives plan for entry way corridors; 2. Use of standardized corporate identification themes integrated into the architectural design is generally not acceptable. Excessive use of such themes may be used as grounds for denial of the project; 3. When located in shopping centers, the architectural character of the building shall be integrated with the design theme of the center through the use of the same building materials, shapes and details. The effect of color in creating a design character that is appropriate for and compatible with the area will be considered. All parking, circulation, driveways, setbacks and signage shall be integrated with the entire design theme of the project; and 4. The elevation design of the building shall provide design character and detailing on all four sides. B. Noise from drive-through speakers shall not be audible from adjacent residential districts. (Ord. No. 1645, § 18.40.100, 8-15-2005; Ord. No. 1693, § 12(18.40.100), 2-20-2007; Ord. No. 1709, § 11(18.40.100), 7-16- 2007; Ord. No. 1761, exh. G(18.40.100), 7-6-2009) Sec. 38.360.110. - Group living. (38.22.105) A. Applicability. All group living uses (as defined in article 7) except for health care facilities and community residential facilities with eight or fewer residents are subject to the standards of this section. B. Density. 1. The density of residents in a group living use is limited to generally approximate and correspond with the density limits that apply to other types of housing in residential zoning districts. Limiting density addresses areas of legitimate public concern and the purposes of zoning as established by the state legislature and adopted locally in section 38.100.040. 2. For the purpose of these regulations, "residents" include all people living at the site, including children; except that people who provide support services, building maintenance, care, and supervision, are not considered residents. 3. Group living use requires the following area of land within the site for each resident. District Name Minimum Area Required per Resident in Square Feet REMU, R4 and R-O 602 RS 10,890 unless otherwise approved through a planned unit development R1 and RMH 1250 97 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 92 July 29, 2016 development code redesign.docx R-2 and R-3 750 C. On-site service and facilities. In any R district, on-site services and facilities may be provided only to residents of the group living use. D. Group living is not a substitute for a hotel, motel, or other transitory service facility. Therefore, duration of terms of occupancy for residents is 30 days or greater. (Ord. No. 1802, § 8, 4-11-2011; Ord. No. 1830, § 17, 9-24-2012) Sec. 38.360.120. - Home-based businesses. (38.22.110) A. Generally. A home-based business is a use that is considered accessory to a dwelling unit. Buildings combining live/work arrangements located in districts where both the residential and nonresidential uses to be combined are authorized are not subject to the requirements of this section. B. Home-based business as accessory use. 1. The use shall be clearly incidental and secondary to the use of the dwelling for residential purposes and shall not change the character of the dwelling or adversely affect the uses permitted in the residential district of which it is a part. The home-based business may not be conducted in an accessory structure, and shall comply with the standards of subsection C of this section. 2. Purpose. It is in the intent of this section to eliminate as accessory home-based businesses for all uses except those that conform to the standards set forth in this section. In general, an accessory home-based business is a use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence with the exception of permitted signage as allowed by division 38.560 of this chapter. The standards for home-based businesses included in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood. A clearly accessory or incidental status in relation to the residential use of the main building is the criteria for determining whether a proposed accessory use qualifies as an of-right home-based business. 3. Necessary conditions for accessory use. Accessory home-based businesses are permitted accessory uses in residential districts only so long as all the following conditions are observed: a. Such home-based business shall be conducted by resident occupants in their residence with not more than one on-premises halftime nonresident employee; b. No more than 25 percent of the gross area of all structures shall be used for such purpose; c. No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure; d. No home-based business shall cause an increase in the use of any one or more utilities (water, sewer, garbage, etc.) so that the combined total use for dwelling and home-based business purposes exceeds the average for residences in the neighborhood; e. There shall be no outside storage of any kind related to the home-based business; f. The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. Depending on the individual circumstances of each application, an additional off-street parking space may be required; and g. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that 98 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 93 July 29, 2016 development code redesign.docx usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home-based business exists. 4. Notice of intent to operate an accessory home-based business. Any individual applying for a business license, with the intent of operating the business from such person's home, shall acknowledge by signature such person's understanding of the requirements and conditions of this chapter. C. Home-based business as conditional use. 1. Purpose. The use shall be secondary to the use of the lot for residential purposes and shall not be incompatible with the character of the zoning district thereof or adversely affect the principal uses permitted in the residential district of which it is a part. When a home-based business has been established through the CUP process, it means that the owner, lessee or other persons who have a legal right to the use of the dwelling also have the right to conduct the home-based business whether in the principal or an accessory structure. The home-based business shall comply with the standards of subsection C.3 of this section. 2. Conditional use. It is the intent of this section to provide, through the conditional use process established in division 38.230 of this chapter, opportunities for home-based businesses which are more intensive in nature than those which would be allowed as an accessory use. In general, a home-based business approved through the conditional use process is an accessory use which complies with the requirements of this chapter and is subordinate to the primary use of the particular lot for residential purposes. The standards for home-based businesses included in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood. A secondary, but not incidental, status in relation to the residential use of the main building is the criteria for determining whether a proposed use may, under certain circumstances, qualify as a home-based business which may be approved by the conditional use process. As stated in section 38.230.010, conditional uses start from the presumption that they are incompatible with the zoning district but may under specific and limited conditions become compatible. Unless such conditions are found, there is no right to the practice of a home-based business which does not comply with the terms of an accessory home- based business as listed in this section. 3. Necessary conditions for conditional use. Home-based businesses permitted through the conditional use permit process are allowed in residential districts only so long as all the following conditions are observed: a. Such home-based business shall be conducted by resident occupants with not more than one on-premises halftime nonresident employee; b. No more than 30 percent of the gross area of all structures shall be used for such purpose; c. No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure beyond that allowed in a residential use; d. No home base business shall cause an increase in the use of any one or more utilities operated by the city so that the combined total use for dwelling and home-based business purposes exceeds the average for residences in the neighborhood; e. There shall be no outside storage of any kind related to the home-based business; f. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that allowed by this chapter; 99 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 94 July 29, 2016 development code redesign.docx g. Home-based business by conditional use permit may only be allowed on lots occupied by single-household detached dwellings; h. Such conditional use shall be subject to all conditions set forth in this chapter, except the provisions of section 38.550.060, Landscape Performance Standards; and i. All permits required by the city, including, but not limited to, building permits and business licenses, shall be received prior to establishing the home-based business. 4. Home-based business allowed through a conditional use permit. Any individual seeking to operate a home-based business, which is greater in scope than that allowed by an accessory home-based business, shall make application for a conditional use permit under the terms of division 38.230 of this chapter. The planning director shall determine if a home-based business requires a conditional use permit. D. Complaints. Complaints by citizens of the city may be cause for termination of the home-based business. Final administrative actions in relation to complaints are subject to appeal per article 2 of this chapter. E. Uses that are prohibited. The following uses, by the nature of their character or the investment of operation, have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home-based businesses and thereby impair the use and value of a residentially zoned area for residential purposes. Therefore, the following uses shall not be permitted as home-based businesses: adult businesses; auto repair, minor or major; carpentry work; dance instruction; dental offices; medical offices; medical marijuana not meeting the exclusion in section 38.360.230.A.3; mobile oil and lube services; painting of vehicles, trailers or boats; private schools with organized classes; radio or television repair; and upholstering. F. Appeal to city commission. Any person may appeal the planning director's action relating to a home- based business as provided for by article 2 of this chapter. (Ord. No. 1645, § 18.40.110, 8-15-2005; Ord. No. 1693, § 12(18.40.110), 2-20-2007; Ord. No. 1709, § 11(18.40.110), 7-16- 2007; Ord. No. 1761, exh. G(18.40.110), 7-6-2009; Ord. No. 1786, § 7, 7-26-2010; Ord. No. 1828, §§ 35, 36, 9-10-2012) Sec. 38.360.130. - Manufactured home communities. (38.22.120) A. Manufactured home communities are included in the state classification of land subdivisions by rent or lease. Therefore, applicants for such developments shall apply for and be reviewed under both site plan and subdivision procedures unless exempted per section 38.240.130. When both review processes are required they will be reviewed concurrently when appropriate. All standards of this chapter are applicable unless explicitly waived. 1. State requirements. All manufactured home communities developed under this section shall comply with state department of public health and human services, department of environmental quality and any other applicable state regulations. Prior to final approval for a manufactured home community, copies of approval letters from relevant state agencies shall be submitted or compliance with all applicable regulations shall be certified by a professional civil engineer licensed by the state. 2. Lot improvements. The location of boundaries of each manufactured home lot for rent or lease shall be clearly and permanently marked on the ground with flush stakes, markers or other suitable means. The location marked must be closely approximate to those depicted on the approved plans. 100 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 95 July 29, 2016 development code redesign.docx a. Utility hookup. Every manufactured home shall be permanently connected to electric power, water supply, sewage disposal, gas and telephone service lines in compliance with applicable city codes, and all utility distribution and service lines shall be installed underground. b. Permanent foundations and anchoring. All manufactured homes shall be required to be tied or otherwise physically anchored to an approved permanent concrete foundation. Building permits for foundations and anchoring, issued through the city building department in accordance with the adopted International Building Code, are required. The method of anchoring and foundations shall be specified as part of the required preliminary development review. c. Maintenance. (1) There shall be no exposed outdoor storage of furniture (except lawn furniture), household goods, tools, equipment, or building materials or supplies. (2) No manufactured home may be parked on a public or private street for more than 24 hours. (3) An abandoned, burned or wrecked manufactured home must be secured against entry as directed by the fire marshal and may not be kept on a lot for more than 45 days. (4) Each manufactured home must bear an insignia which attests that the construction of the manufactured home meets regulation A 119.1 of the American National Standards Institute (adopted by the U.S. Department of Housing and Urban Development), or be certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. (5) Within 21 days of placement, standard manufactured home skirting of fire-resistive material similar in character to that of the manufactured home must be provided around the entire perimeter of the manufactured home between the bottom of the body of the manufactured home and the ground, except where the running gear has been removed and the manufactured home itself is attached directly to the permanent foundation. (6) All required front yards of lots for rent or lease for manufactured homes shall be fully landscaped. (7) All private, commonly owned recreation areas not devoted to buildings, structures, surfaced courts, sand boxes, etc., shall be landscaped and irrigated. d. Manufactured home lots for rent or lease shall be arranged to permit the practical placement and removal of manufactured homes. Every lot for rent or lease must front on a public or private street. 3. Permits and inspections. a. Owner's and agent's responsibility. It shall be the responsibility of the individual property owners or, in the case of a rental community, the managers of the rental community to see that all sections of this division 38.360 are complied with, including requirements relative to placement of manufactured homes, and all required permits. b. Move-in permit required. All manufactured homes moved into the city must be issued a move-in permit, pursuant to this section, and be inspected by the city building official, prior to gas and electric service being turned on by the servicing utility. A copy of the original sales contract shall be available for permit informational purposes. c. City inspection required. 101 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 96 July 29, 2016 development code redesign.docx (1) The required inspections for manufactured homes shall include: on-site utilities requirements including gas, electric, sewer and water; setback requirements; and off- street parking requirements. (2) It is unlawful for any person, firm, corporation or agency to turn on, or allow to be turned on, any gas or electric service without an inspection and clearance from the city building official. d. Non-manufactured-home improvements subject to the International Building Code. Permits must be obtained for additions, alterations, canopies, carports, storage areas and detached refrigeration units that were not included in the original sale of the manufactured home unit, fees for which are set by the International Building Code and International Mechanical Code. 4. Plans. The preliminary and final plans shall accurately depict: a. All proposed and required landscaping; b. Locations of storage areas for recreational vehicles and other chattels of the residents; c. A layout of typical lots for rent or lease showing the location and dimensions of the lot, manufactured home stand, driveway and parking spaces; d. Mail delivery area; and e. Foundation and anchoring details. 5. A permanent enclosure for temporary storage of garbage, refuse and other waste material shall be provided for every manufactured home space. If trash dumpsters are to be used, they shall be centrally and conveniently located, shall not be located in any front yard, and shall otherwise comply with the requirements of this chapter. 6. Landscaping may be required by the review authority to provide a buffer between manufactured home communities and adjacent uses, and to enhance the appearance of the development. The landscaping may be interspersed with a fence or wall. Specific perimeter landscape/buffering treatments shall be determined on a case-by-case basis, with the city considering appropriate factors such as the nature of adjacent uses, noise and proximity to busy streets. 7. Recreation areas. At a minimum, the amount of land required to be dedicated under section 38.420.020, shall be reserved as park or recreation area. Recreation areas may include space for community recreation buildings and facilities. a. Public access through the recreation area may be required, through the provision of a written public access easement, if it is determined by the review authority that public access is necessary to ensure public access through the private recreational area from adjoining properties to nearby or adjacent public parks. 8. Accessory buildings. Accessory buildings for individual dwellings are subject to section 38.320.080. (Ord. No. 1645, § 18.40.120, 8-15-2005; Ord. No. 1693, § 12(18.40.120), 2-20-2007; Ord. No. 1709, § 11(18.40.120), 7-16- 2007; Ord. No. 1761, exh. G(18.40.120), 7-6-2009; Ord. No. 1808, § 7, 7-11-2011; Ord. No. 1828, §§ 37, 38, 9-10-2012; Ord. No. 1830, § 18, 9-24-2012) 102 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 97 July 29, 2016 development code redesign.docx Sec. 38.360.140. - Manufactured homes on individual lots. (38.22.130) A. Intent. It is the intent of this section to allow manufactured homes, as defined in article 7 of this chapter, in specified zoning districts in which similar single-household dwellings constructed on the site are permitted subject to requirements and procedures set forth herein to ensure acceptable similarity in exterior appearances between such manufactured homes and dwellings that have been or might be constructed under these and other regulations on adjacent lots in the same district or area. It is the intent of this section to permit only those manufactured homes certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. B. Application, material to be supplied. One copy of the application for the proposed manufactured home on the individual building lot shall be submitted to the Building Department in conjunction with the application for a building permit for the building foundation. The application shall include all information as deemed necessary by the planning director to make determinations as to conformity with subsection C of this section, and it shall include a minimum of color photographs of all sides of the manufactured home, of the nearest existing residences or other grounds or buildings on each side of the proposed site, and of existing residences or grounds fronting upon the same street as the proposed site and opposite thereto, and also including those within 150 feet of each corner of the proposed site. As a minimum requirement, it shall also include a description of siding and roofing material in sufficient detail as to make possible determination as to its appearance and durability. C. Standards for determination of acceptable similarity in exterior appearance and construction. The following standards shall be used in determinations of acceptable similarity in appearance and construction between manufactured homes with permanent foundations and residences constructed near the site to ensure that such manufactured homes will be compatible in appearance with site built housing that has been or may be constructed in adjacent or nearby locations. 1. No manufactured homes shall have fenestration or other features that will be incompatible in the residential neighborhood. 2. The roof shall have sloping lines with eaves, such as gable, mansard and shed style roofs or shall be compatible with conventionally built homes in the surrounding areas. The pitch of the main roof shall not be less than one foot of rise for each four feet of horizontal run. Minimum distance from eaves to ridge shall be ten feet. 3. The roofing material shall be shake, tile, composition shingle, or other materials commonly found on conventionally built homes in the surrounding areas. 4. The exterior covering material shall be similar or closely compatible to that found on conventionally built residential structures in the surrounding area. Reflection from such exterior shall not be greater than from siding coated with clean, white, gloss, exterior enamel. 5. The exterior covering material shall extend below the top of the foundation. 6. A solid concrete or masonry perimeter foundation shall be used. 7. The exterior covering and roofing materials of the garage, carport and accessory buildings shall be compatible with the materials on the manufactured home. 8. The finished floor shall be a maximum of 24 inches above the exterior finished grade of the lot, or similar to the conventionally built homes in the surrounding area. 9. The manufactured home shall be located on the lot so that the home presents a primary entrance to the principal street frontage. Such primary entrance may be established by the 103 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 98 July 29, 2016 development code redesign.docx presence of porches, overhanging gables, and similar architectural features consistent with the character of site built homes in the near vicinity. 10. Manufactured homes on permanent foundations shall meet all the property development standards for the zone in which they shall be located. These standards include, but are not limited to, lot area and dimension; area per dwelling unit; front, rear and side yard setbacks; building height, lot coverage, location of accessory buildings; and off-street parking. 11. Manufactured homes located within the neighborhood conservation overlay district shall be subject to review for a certificate of appropriateness under the same standards for architectural compatibility as other homes. 12. Manufactured homes shall be approved for location on individual building lots only if they have been certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. D. Actions by planning director. Upon receipt of an application as required by subsection B of this section, the planning director shall make a decision to approve or disapprove of the application within 15 working days. (Ord. No. 1645, § 18.40.130, 8-15-2005; Ord. No. 1693, § 12(18.40.130), 2-20-2007; Ord. No. 1709, § 11(18.40.130), 7-16- 2007; Ord. No. 1761, exh. G(18.40.130), 7-6-2009; Ord. No. 1828, § 39, 9-10-2012) Sec. 38.360.150. - Mini warehouses. (38.22.140) A. Minimum site size shall be one acre. B. On-site circulation, drives and parking. 1. Each mini warehouse site shall provide a minimum of two exits; 2. All one-way driveways shall provide for one ten-foot parking lane and one 12-foot travel lane. Traffic direction and parking shall be designated by signing or painting; 3. All two-way driveways shall provide for one ten-foot parking lane and two ten-foot travel lanes; and 4. The parking lanes may be eliminated when the driveway does not serve storage cubicles. Figure 38.360.150. Mini warehouses. (Ord. No. 1645, § 18.40.140, 8-15-2005; Ord. No. 1693, § 12(18.40.140), 2-20-2007; Ord. No. 1709, § 11(18.40.140), 7- 16-2007; Ord. No. 1761, exh. G(18.40.140), 7-6-2009) 104 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 99 July 29, 2016 development code redesign.docx Sec. 38.360.160. - Outdoor sales and display. (38.22.150) A. Merchandise which is offered for direct sale, rental or lease to the ultimate consumer or user may be displayed beyond the confines of a building in any commercial district, but the area occupied by such outdoor display shall not constitute a greater number of square feet than ten percent of the ground floor area of the building housing the principal use, unless such merchandise is a type customarily displayed outdoors such as automobiles and garden supplies. In such cases, the maximum area for outdoor sales and display shall not exceed 50 percent of the total lot area. B. Outdoor sales and display areas shall not be located in any required yard and is also subject to section 38.320.110. Figure 38.360.160. Outdoor sales and display. (Ord. No. 1645, § 18.40.150, 8-15-2005; Ord. No. 1693, § 12(18.40.150), 2-20-2007; Ord. No. 1709, § 11(18.40.150), 7- 16-2007; Ord. No. 1761, exh. G(18.40.150), 7-6-2009) Sec. 38.360.170. - Portable carry-out food and beverage buildings. (38.22.160) A. A $10,000.00 site bond must be secured on the property. In addition, evidence of liability insurance, with coverage of $1,000,000.00 per occurrence, shall be furnished by the owner. B. Electrical service must be installed underground, in compliance with all electrical service codes, subject to approval by the building department. C. Structures shall not exceed 80 square feet in size. All structures must be on an improved asphalt or concrete surface, be anchored to resist accidental movement, be placed upon approved footings and have a fully electrically bonded frame. No structure shall have an axle. Enclosed trailers must remove the axle, and be secured to resist accidental movement, with all related supports cosmetically covered with an approved material. D. Not more than one portable structure may be placed on a zone lot (individual property or contiguous properties held in common ownership). Portable structures shall be placed in a manner so as not to interfere with normal vehicle and pedestrian circulation patterns or required 105 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 100 July 29, 2016 development code redesign.docx emergency access. Nor shall such structures be placed in a manner that eliminates or interferes with the use of required parking spaces. E. Requests for special temporary use permits shall be subject to review and must be approved by the appropriate city department representatives per section 38.230.060. Permit coordination and final issuance shall be by the planning director. A special temporary use permit for portable carry-out food and beverage buildings shall be valid for a period of one year, and may be renewed annually thereafter only if all regulations and requirements are strictly complied with on a continuing basis. F. Operations shall be subject to all licensing requirements of the Gallatin City-County Health Board. Documentation of such licensing, including a copy of plans for water supply and disposal, shall be provided to the planning director prior to permitting. G. The city reserves the right to revoke or terminate this permit at any time by giving 30 days' written notice of such revocation or termination, except that the city may, at its election, revoke or terminate the permit at any time without giving any notice if the owner fails to comply with or abide by each and all of the terms and conditions of the permit. H. Portable food and beverage buildings as described herein shall not be subject to certificate of appropriateness requirements for the neighborhood conservation and entryway corridors overlay districts. (Ord. No. 1645, § 18.40.160, 8-15-2005; Ord. No. 1693, § 12(18.40.160; Ord. No. 1693, § 12(18.40.160), 2-20-2007); Ord. No. 1709, § 11(18.40.160), 7-16-2007; Ord. No. 1761, exh. G(18.40.160), 7-6-2009; Ord. No. 1828, § 41, 9-10-2012) Sec. 38.360.180. - Recreational vehicle park and overnight campground. (38.22.170) A. Recreational vehicle parks and overnight campgrounds are included in the state classification of land subdivisions by rent or lease. Therefore, applicants for such developments shall apply for and be reviewed under both site plan and subdivision procedures unless exempted by section 38.240.130. 1. Recreational vehicle parks shall be screened from view of any adjacent residential development. 2. Internal circulation roads shall be paved with a concrete or asphaltic concrete surface. 3. Individual recreational vehicle parking pads shall be plainly marked and maintained with a dust free surface. 4. Individual recreational vehicle parking pads shall be set back at least 30 feet from the perimeter of the park and 30 feet from any public street right-of-way. 5. Approved trash disposal, bathroom and laundry facilities, including facilities for the handicapped, shall be provided for use of overnight campers. 6. Recreational vehicles spaces shall be separated by no less than 15 feet and shall be no less than 1,500 square feet in area. 106 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 101 July 29, 2016 development code redesign.docx Figure 38.360.180. Recreational vehicle park and overnight campground. (Ord. No. 1645, § 18.40.170, 8-15-2005; Ord. No. 1693, § 12(18.40.170), 2-20-2007; Ord. No. 1709, § 11(18.40.170), 7-16-2007; Ord. No. 1761, exh. G(18.40.170), 7-6-2009; Ord. No. 1808, § 8, 7-11-2011; Ord. No. 1830, § 19, 9-24- 2012) Sec. 38.360.190. - Large-scale retail, size limitations and design and site development guidelines and requirements. (38.22.180) A. Purpose. 1. The purpose of this section is to establish general development standards for large scale retail developments. These standards are intended and designed to ensure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents living within the city. 2. These standards are also intended to be used as guidelines for evaluating and assessing the quality and design of proposed large scale retail developments. The particulars of any large scale retail developments will be evaluated against their respective standards contained in this division 38.360. It is expected that the quality and design of the large scale retail developments, while not necessarily complying with the exact standards of this division 38.360, will meet or exceed the intent behind these standards. 3. Applicability. All uses listed in this division 38.360 shall be subject to the specific standards described for each use, in addition to all other applicable standards which may apply. B. Limitations on size of retail stores. 1. No retail building, utilized by a single tenant, shall exceed 75,000 square feet. 2. Retail development consisting of one or more single-tenant building greater than 40,000 square feet may offer for direct sale to the public merchandise, which is displayed outdoors, but the area occupied by such outdoor sales and storage, exclusive of warehouses, shall not exceed 25 107 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 102 July 29, 2016 development code redesign.docx percent of the total square footage of the retail building and shall also comply with section 38.360.160. 3. Notwithstanding subsections B.1 and 2 of this section, when an otherwise lawful retail building, in excess of 75,000 square feet, exists as of March 21, 2003, such building shall be considered a development nonconformity. Said building may be continued, structurally altered, repaired or reconstructed so long as it is not increased, extended or enlarged beyond the gross floor area of the building that existed on March 21, 2003. To the extent practicable, the design and site development guidelines of this section shall be applied to any alteration, reconstruction or repair that takes place after March 21, 2003. 4. The following principal uses are exempt, as they pertain to outdoor sales and storage: a. Recreation vehicle sales and auto sales; b. Agricultural implement sales; i.e., tractors, cultivators, balers, etc.; and c. Plant nursery. C. Design and site development guidelines for certain retail developments. 1. Retail development consisting of a single-tenant building greater than 40,000 square feet shall be subject to the design and site development criteria and development standards contained in subsections C.5 and 6 of this section. These guidelines shall be applied as part of the review and approval process for use permits and detailed applications. For developments in the entryway corridor, which are also subject to the design guidelines in division 38.340 of this chapter, if there is any conflict between the guidelines, the more restrictive guideline shall apply. The guidelines in this section shall not be applied to any development or portion of a development that is covered by an approved use permit as of March 21, 2003, unless modifications to the use permit are proposed by the applicant. 2. Intent and purpose. All new construction of retail buildings described in subsection A of this section will be subject to design review. It is the intent and purpose of this section to ensure the quality of retail development will enhance the impression and enjoyment of the community both by guiding development and change that occurs after the adoption date of the ordinance from which this section is derived, and by stimulating and assisting, in conjunction with other provisions of this chapter, improvements in signage, landscaping, access and other contributing elements of retail development appearance and function. It is further the intent of this section to establish design criteria, standards and review procedures that will allow the city and its advisory boards and agencies to review and direct, in a fair and equitable manner, the development and redevelopment of future and existing properties and facilities governed by this section. The recommendations of the design review board or administrative design review staff shall be given careful consideration in the final action of any agency, board or commission involved in decisions involving retail developments governed by this division 38.360. 3. The design review board and administrative design review staff shall have the powers and duties provided by this chapter in considering applications subject to this division 38.360. 4. Certificate of appropriateness. A certificate of appropriateness, received from the review authority with a recommendation by the design review board, shall be required as a condition of site plan approval for any development governed by this section. Application, review and public notice procedures for proposals governed by this section are set forth in division 38.220, Noticing, and division 38.230, Review Procedures for Site Development, of this chapter. 5. Design criteria and development standards. In addition to all other applicable review procedures and design criteria, all development governed by this section shall exceed design criteria and 108 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 103 July 29, 2016 development code redesign.docx development standards contained in division 38.340 of this chapter, entryway corridor overlay district, including the general design objectives and guidelines contained in the adopted or updated design objectives plan, regardless of location or zoning district. Said design criteria and development standards shall be exceeded through design practices such as additional architectural detailing, exceptional landscape design, improved public spaces, use of renewable energy and/or recycled construction materials, and provisions for alternative modes of transportation. The review authority shall determine whether established design criteria and development standards have been exceeded based on a recommendation from the design review board. 6. Adaptability for reuse/compartmentalization. The building design shall include specific elements for adaptation for multi-tenant reuse. Such elements may include but are not limited to compartmentalized construction, including plumbing, electrical service, heating, ventilation and air conditioning. The building design shall also allow for: a. The interior subdivision of the structure into separate tenancies; b. Facades that readily adapt to multiple entrances and adapt to entrances on all but one side of the building; c. Parking lot schemes that are shared by establishments or are linked by safe and functional pedestrian connections; d. Landscaping schemes that complement the multiple entrance design; and e. Other elements of design which facilitate the multi-tenant reuse of the building and site. 7. Appeals. Appeals may be taken as provided for in division 38.250 of this chapter. D. Additional criteria and site development guidelines for certain retail developments. 1. Applications for large scale retail development shall include a renewal plan that will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the structure in the event of closure or relocation by the original occupant. Such plan will be approved if the review authority finds that: a. The plan conforms to the city's growth policy and the requirements of this chapter or parts thereof for the municipality as a whole; b. A sound and adequate plan exists for said redevelopment; c. The plan affords maximum opportunity for rehabilitation or redevelopment of the structure by both private enterprise and the city; and d. The renewal plan provides a maintenance plan for normal repairs and upkeep of property, including but not limited to building, parking lot and surfacing, landscaping, signage and elimination of legible impressions, images, or remnants of signs remaining on a building or sign surface after the use for which the sign was permitted ceases to operate. 2. The city may enter into a development agreement with the owner of the real property and undertake activities, including the acquisition, removal or demolition of structures, improvements or personal property located on the real property, to prepare the property for redevelopment. A development agreement entered into in accordance with this section must contain provisions obligating the owner to redevelop the real property for a specified use consistent with the provisions of this chapter and offering recourse to the city if the redevelopment is not completed as determined by the city. 109 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 104 July 29, 2016 development code redesign.docx E. Review. The provisions of this section shall be reviewed by the commission in five years and updated as needed. (Ord. No. 1645, § 18.40.180, 8-15-2005; Ord. No. 1693, § 12(18.40.180), 2-20-2007; Ord. No. 1709, § 11(18.40.180), 7-16- 2007; Ord. No. 1761, exh. G(18.40.180), 7-6-2009; Ord. No. 1828, §§ 40, 42, 43, 9-10-2012) Sec. 38.360.200. - Stable, commercial. (38.22.190) A. The minimum property size shall be ten acres. B. Structures or facilities used for stabling, storing, showing or training of animals shall be set back a minimum of 100 feet from any adjacent privately owned property. Dwelling units, accessory structures incidental to dwelling units and irrigated pasturage may occur within the 100-foot setback area subject to the setback requirements of the applicable zoning district. C. There shall be at least a 20-foot yard adjacent to any street. D. There shall be no shows or other activities which would generate more traffic than is normal to a residential area, unless the proposed site has direct access from an arterial street as set forth in the city growth policy. Permission for such shows and activities shall be obtained from the city. Notification shall be provided in a letter that explains the nature and duration of the activity, and accommodations for spectators, traffic control and additional parking for cars and trailers. This letter shall be submitted to the planning department at least one month prior to the date of the show or activity. E. All pasture and animal storage areas shall be enclosed with fences or walls of a minimum of four feet six inches in height. The design of these enclosures shall be shown on drawings submitted with the conditional use permit application. F. All laws applicable to the public health and appropriate care of animals must be complied with for the entire period of operation of the stable. G. All activity and pasture areas that are not grassed shall be treated for dust control. H. Adequate parking for daily activities shall be shown on the site plan and improved to city parking standards. Additional parking shall be provided for shows or other special events. Amounts and required improvements to temporary parking shall be determined through a special temporary use permit if such temporary parking was not shown and approved through the original approval. Figure 38.360.200. Stable, commercial. 110 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 105 July 29, 2016 development code redesign.docx (Ord. No. 1645, § 18.40.190, 8-15-2005; Ord. No. 1693, § 12(18.40.190), 2-20-2007; Ord. No. 1709, § 11(18.40.190), 7-16- 2007; Ord. No. 1761, exh. G(18.40.190), 7-6-2009; Ord. No. 1828, § 44, 9-10-2012) Sec. 38.360.210. - Tennis and racquet club. (38.22.200) A. The use will be compatible with any adjacent neighborhood and will not be detrimental to the same due to: 1. Increased automobile traffic; 2. Noise generated from within the site. B. Perimeter fencing of the site may be required, fencing of outdoor courts shall not exceed 16 feet in height, and fencing may be required to be opaque by the review authority. C. When the club is located within a residential zoning district, there shall be no shows, tournaments or other activity which would generate more traffic than is normal to a residential area, unless access is provided from an arterial street as set forth in the city's long range transportation plan. If access is not provided from an arterial street, permission for such shows and activities shall be obtained from the city through the special temporary use process. D. There shall be a landscaped 50-foot buffer strip adjacent to any residential zoning district, or as otherwise determined by the ADR or DRB. E. Hours of operation may be controlled by the review authority. (Ord. No. 1645, § 18.40.200, 8-15-2005; Ord. No. 1693, § 12(18.40.200), 2-20-2007; Ord. No. 1709, § 11(18.40.200), 7-16- 2007; Ord. No. 1761, exh. G(18.40.200), 7-6-2009; Ord. No. 1828, § 45, 9-10-2012) Sec. 38.360.220. - Community center. (38.22.210) A. Within residential districts, there shall be public street access onto an arterial or collector standard street within 600 feet of the entrance to a community center site. B. Community centers located within residential districts shall, when any individual structure exceeds 5,000 square feet in gross floor area or exceeds the district's allowed maximum height, provide a 20 foot landscaped yard between the building and adjacent residential uses. A structure separated from the adjacent residential uses by a parking lot, public street, watercourse, public open space, or similar separation is exempt from the additional yard width requirement. C. Each community center site with more than 40 parking spaces shall provide a minimum of two ingress/egress points which comply with section 38.400.090. (Ord. No. 1693, § 12(18.40.200), 2-20-2007; Ord. No. 1709, § 11(18.40.210), 7-16-2007; Ord. No. 1761, exh. G(18.40.210), 7- 6-2009) Sec. 38.360.230. - Medical marijuana. (38.22.220) A. Any activity involving medical marijuana must meet all requirements of state law including, but not limited to, the standards of title 50, chapter 46, Montana Code Annotated (MCA 50-46-101 et seq.), and limits on possession, clean air, etc., and any applicable administrative rules established by the state. Should such rules or laws change, any medical marijuana facility shall immediately begin any required process to come into compliance with the new rules. This includes submittal for review of applications to the city as they may relate to zoning, business licensing, or other municipal programs. Compliance with city zoning regulations does not shield any person, corporation, or other legal entity from the requirements of, or enforcement by, other governing entities, or from civil liabilities. 111 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 106 July 29, 2016 development code redesign.docx 1. Unless specifically exempted, any person or an existing or proposed entity intending to conduct activities which meet the definitions of "agriculture," "manufacturing," "office" or "retail" as established in division 38.700 of this chapter which is for the purpose of growing, processing, distribution, and/or any other activity related to medical marijuana shall in addition to this section, comply with all other provisions of the this Code, and shall not be located within 1,000 linear feet of the exterior property line of: a. All schools or facilities owned or operated by Bozeman School District 7 whether located inside or outside the city limits; or b. All private schools, not including home schools, whether located inside or outside the city limits, which provide instruction in the class range from kindergarten to 12th grade and which are either subject to MCA 20-5-109, or listed as a kindergarten provider by the county superintendent of schools. c. For purposes of this section, specified distances will be measured in a straight line, without regard to intervening structures from the property line of a school as stated in subsections 1a and b of this section, regardless of whether those schools are located within the jurisdictional limits of the city, to the property line of the business providing medical marijuana. 2. Any activities meeting the definitions of "agriculture," "manufacturing," "office" or "retail" as established in article 7 of this chapter which is for the purpose of growing, processing, distribution, and/or any other activity related to medical marijuana may not be located in the R- 4 residential high density district and the R-O residential office district when it overlays a residentially oriented growth policy designation; or within the core area of the B-3 district as defined in subsection 38.300.120.A.3. 3. The requirements of subsections 1 and 2 of this section do not apply to: a. An individual registered qualifying patient who possesses marijuana in accordance with the limits and requirements of title 50, chapter 46, Montana Code Annotated (MCA 50-46-101 et seq.) solely for that qualifying patient's own use; or b. To a caregiver providing care to not more than two qualifying patients who reside within the same dwelling as the caregiver. The caregiver and qualifying patients shall maintain appropriate state agency qualification at all times that medical marijuana is present. 4. Establishing a medical marijuana facility may result in a change in the designation of building code occupancy type. A change in use or occupancy type may require physical modifications to the structure which must be approved by the building division prior to any construction as required by section 38.200.100. 5. Air discharge control. Any medical marijuana growing or processing operation that contains 24 or more marijuana plants at any one time shall provide a forced air vent discharge point that is: a. Located no closer than 30 feet from an adjacent property line or a residence; or b. Provides a mechanical filtration system to control discharges of particulates and odors. The ventilation filtration system shall be designed by a mechanical engineer licensed to practice in the state such that odors and particulates may not be detected by unaided human observation at the property boundary, and noise produced by the system shall be controlled and minimized. 6. Any person making application for a zoning approval for a medical marijuana business shall provide evidence of DPHHS approval as a caregiver at the time of application and shall maintain 112 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 107 July 29, 2016 development code redesign.docx such DPHHS approval at all times. Failure to maintain approval immediately suspends zoning approval to operate a medical marijuana business in the city. 7. These regulations are for review of applications to the city and do not restrict property owners from establishing more stringent standards for their properties. (Ord. No. 1786, § 8(18.40.220), 7-26-2010) Sec. 38.360.240. - Essential services. (38.22.230) A. In recognition of Section 69-4-201, MCA, city ordinances cannot conflict with the National Electric Safety Code (NESC). B. In recognition of Section 69-3-102, MCA, vesting control over fees, charges, and tariffs for public utilities in the public service commission, the city does not determine the costs charged to customers for services. C. Essential services of Types I, II, or III operable prior to September 3, 1991, shall be considered to have developed under an approved plan, and shall be reviewed under section 38.230.140, Reuse, change in use or further development of sites developed prior to the adoption date of the ordinance from which this chapter is derived. (Ord. No. 1893, § 13, 8-11-2014) 113 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 108 July 29, 2016 development code redesign.docx 38.370 Wireless Facilities (Article 29) Sec. 38.370.010. - Intent, purpose and applicability. (38.29.010) A. It is the duty of the city to protect the public health, safety and welfare and the city has the authority to regulate the placement, construction and modification of wireless facilities in the advancement of that duty. B. The city commission finds that: 1. The aesthetic character of the city is a matter of substantial economic importance and general concern to the citizens of the city, as described in the city's adopted growth policy, and is an important part of the public welfare; 2. Wireless facilities are often visually obtrusive due to their necessary height, support equipment and interruption of the viewscape, and can have substantial impacts on the character of the city and its surrounding viewsheds which negatively affect the character of the city; 3. The impacts of wireless facilities can be reduced by establishing standards for location, structural integrity, compatibility and collocation; 4. The city desires to promote collocation, use of stealth installations of wireless facilities and the use of smaller and less intrusive facilities to minimize the need to construct new large scale wireless facilities in order to reduce visual and other impacts on the community; 5. The city desires to provide clear and consistent regulations for review of proposed wireless facilities; 6. The city desires to support the ability of telecommunication service providers to deliver such services to the community consistent with other community objectives; 7. The construction of new large scale wireless facilities is the action of last resort to provide for wireless communication services and should only be undertaken when other alternatives are not available; 8. It is necessary to determine the locations and circumstances most appropriate for placement of wireless facilities to serve the community; 9. Consistent with applicable law, the city desires to minimize the adverse visual impacts of towers and antennas through careful siting, design, landscape screening and innovative camouflaging screening; 10. The city seeks to protect against potential health and safety hazards to citizens and prevent damage to adjacent properties; 11. The city intends to exercise its authority with respect to the regulation of the placement, construction and modification of wireless facilities, to the fullest extent permitted by applicable law; 12. The city recognizes the need to respond to the policies in the Telecommunications Act of 1996 and has constructed its regulations in a manner that does not unreasonably discriminate between providers of functionally equivalent personal wireless service nor prohibits or has the effect of prohibiting personal wireless service in the city; 13. The Federal Communication Commission exercises certain sole authority in the licensing and other regulation of wireless services which the city recognizes; 114 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 109 July 29, 2016 development code redesign.docx 14. The adequate review of a telecommunications application may require expertise not typically possessed by city staff which would require the city to obtain qualified outside expertise to properly evaluate an application; and 15. Outside review would generate additional costs to the public to preserve the public interest which costs must be mitigated and should properly be mitigated by those causing such additional costs. C. General application. All uses listed in this division 38.370 shall be subject to the specific standards described for each use, in addition to all other applicable standards which may apply, and are limited to those districts specified. The provisions of this division 38.370 apply to development and modification of large scale wireless facilities, micro-scale wireless facilities, nonbroadcast telecommunication facilities and small scale wireless facilities. These and other terms are defined in article 7 of this chapter. 1. The provisions of this division 38.370 only apply to facilities which meet the definition of a wireless facility or that are otherwise specifically brought under the authority of this division 38.370. (Ord. No. 1645, § 18.54.010, 8-15-2005) Sec. 38.370.020. - Special submittal requirements. (38.29.020) In addition to the materials required by division 38.220 of this chapter for site plans, conditional use permits, and planned unit developments, the materials required by section 38.220.170 shall be submitted. (Ord. No. 1645, § 18.54.020, 8-15-2005) Sec. 38.370.030. - Uses within districts and required review procedures. (38.370.030) A. Purpose. The purpose of this section is to describe the procedures under which certain uses may be permitted as principal or conditional uses in specific districts. Unless specifically exempted by this division 38.370, all other standards and procedures of this chapter shall apply. 1. The Montana Subdivision and Platting Act ( MCA 76-3-101 et seq.) requires subdivision review when land interests are created by rent or lease. Depending on how the ownership and use of land for a facility subject to this division 38.370 is established, subdivision review may be required in addition to site plan review. B. No wireless facility may be permitted except in accordance with the development review processes indicated in Table 38.370.030 in subsection B.1 of this section, based on the applicable zoning district and scope of the proposed facility. Principal uses are indicated with a "P", conditional uses are indicated with a "C", accessory uses are indicated with an "A", planned unit development is indicated with a "PUD", and uses which are not permitted with the district are indicated by a "-". All applications are subject to the review processes, submittal requirements and other requirements of articles 230, 430 and 220 of this chapter as may be applicable. 1. Review procedures. Table 38.370.030 Zoning District Large scale Small scale Micro scale Nonbroadcast PLI P P A P 115 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 110 July 29, 2016 development code redesign.docx M-2 P P A P M-1 P P A P B-P C P/C1 A P B-3 C P/C1 A P B-2 C P/C1 A P B-1 C P/C1 A P UMU C P/C1 A P REMU PUD P/C1 A C R-O PUD C P C R-4 PUD C P C R-3 PUD C P C R-2 PUD C P - R-1 PUD C P - R-S PUD C P C Notes: 1Conditional use review is required when the proposed facility exceeds the height limitation of the district. 2. Collocation upon a previously approved wireless facility, when such additional facilities were contemplated as part of the original review, shall be reviewed as a sketch plan in all zones. 3. A wireless facility may be permitted as an accessory use in any nonresidential district when: a. It is for the exclusive use of a single on-site business when the business has otherwise been approved under division 38.230 or 38.430 of this chapter, rather than offered to additional parties; b. It is in compliance with the maximum building height limitations of the zoning district; c. Complies with all setback and other zoning requirements; and d. Has eight or less square feet of total antenna surface area. 4. Installations located within the neighborhood conservation overlay or entryway corridor overlay districts shall be reviewed against the criteria of division 38.340 of this chapter as applicable and shall require a certificate of appropriateness before issuance of a building permit. 5. Prior to submitting an application for a large scale or small scale wireless facility, the applicant must request in writing a preapplication conference with the planning department. The purpose of the preapplication conference is to acquaint the participants with the applicable requirements of this division 38.370, as well as any preliminary concerns of the department. 6. The applicant's written request for a preapplication conference must include the following information with regard to the proposed facility: a. Location; b. Overall height; 116 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 111 July 29, 2016 development code redesign.docx c. Number of antennas proposed, including those of other providers to be collocated; d. Type of wireless communication services to be provided; and e. Coordination of ground equipment shelters. 7. Adequate review of applications may require the city to retain consultants or other third party assistance to review an application. In such event the applicant shall reimburse the city for the actual costs incurred prior to issuance of a building permit. 8. The provisions of division 38.270 of this chapter shall apply for all nonconforming facilities subject to this division 38.370. (Ord. No. 1645, § 18.54.030, 8-15-2005; Ord. No. 1802, § 16, 4-11-2011; Ord. No. 1830, § 34, 9-24-2012) Sec. 38.370.040. - Standards. (38.29.040) A. Safety. All wireless facilities subject to this division 38.370 shall meet the following standards: 1. The structural design for all wireless facilities greater than ten feet in height or which have more than four square feet of total antenna area shall be certified by a professional structural engineer licensed to practice in the state. A building permit shall be obtained prior to the installation of any facility subject to this division 38.370. 2. All wireless facilities shall meet or exceed current standards and regulations of the FCC, FAA and any other agency with the authority to regulate wireless facilities. If such standards are changed, the owner shall modify the installation to comply with the new standards within six months of the effective date of the new standards or regulations unless a different implementation schedule is required by the issuing agency. 3. Wireless facilities with a base located at grade shall be enclosed within a secure fence not less than six feet in height or the tower itself shall be equipped with an appropriate anti-climbing device. B. Aesthetics. 1. All wireless facilities. a. The provisions of subsection 38.370.040.B may be waived by the review authority as determined by division 38.220 of this chapter where it has been demonstrated that the waiver will result in superior compliance with the intent and purposes of this chapter. b. All installations shall be as visually unobtrusive as is feasible. Facilities and equipment mounted on existing structures shall be visually incorporated into the structure or background by the use of architectural elements, color, screening or other methods. c. No lighted signage is permitted. d. All structures shall be constructed in conformance with the standards of the city's adopted International Building Code. e. Visual screening of ground mounted equipment shall be provided in all residential areas and where a facility is located within a nonresidential area which is visible, from a viewpoint five feet above grade, from a residential area. Screening shall provide an opaque screen within 18 months of establishment and be a minimum of four feet in height. The screening may be of landscape materials or a fence which otherwise complies with this chapter. The site shall comply with the landscaping provisions of article 5 of this chapter. 117 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 112 July 29, 2016 development code redesign.docx f. Exterior facade materials and the character of equipment shelters used in residential areas shall be of materials commonly used in the immediate area. The architectural design of the exterior of the shelter shall be compatible with surrounding residential structures. The intent of the requirements of this subsection B.1.f may be met by providing opaque fencing or other visual screening compatible with the neighborhood, in compliance with all other sections of this chapter, which will obscure the entire equipment shelter. The screening shall be in place prior to the commencement of operations of the facility. 2. Preferences. In order to justify the construction of a wireless structure, the applicant must demonstrate that higher ranking alternatives in the following hierarchy, beginning with subsection 2.a.(1) of this section, do not constitute feasible alternatives. The order of preference, from most preferred to least preferred and based on technical feasibility, for new wireless facilities is: a. Facility size. (1) Micro-scale wireless facilities or collocation on existing large scale wireless facilities; (2) Small scale wireless facilities; (3) Large scale wireless facilities 50 feet or less in height; and (4) Large scale wireless facilities in excess of 50 feet in height. b. A facility meeting the definition of stealth, as defined in article 7 of this chapter, is always preferred over a facility of the same scope which does not meet the definition of stealth. Stealth facilities may be required in historic districts and other circumstances. c. As appropriate, the following evidence may also be submitted to demonstrate compliance with this section: (1) That no existing wireless communications facility within the search area meets the applicant's radio frequency engineering or height requirements; (2) That no structure within the search area has sufficient structural strength to support the applicant's proposed antennas; or (3) That there are other verifiable limiting factors that render collocated or other more preferred options unsuitable or unreasonable. d. Self-supporting lattice or guyed structures are generally preferred over monopoles. 3. Special standards. The following special standards apply as shown in Table 38.370.040: a. Stealth installation is required; b. Wireless facilities are exempt from the height limitations of section 38.320.100, but are subject to the height limitations of section 38.370.040; c. The height limitation of the district may be exceeded by the least amount necessary to provide services but only when service may not otherwise be provided by a less intensive facility or an alternative site; and d. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 118 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 113 July 29, 2016 development code redesign.docx Table 38.370.040 Zoning District Large-scale Small-scale Micro-scale Nonbroadcast PLI b b b - M-2 b b b - M-1 b b b - B-P c a, c b - B-3 c a, c b - B-2 c a, c b - B-1 c a, c b - UMU c a,c b - REMU d a, c b - R-O d a, c a, b - R-4 d a, c a, b - R-3 d a, c a, b - R-2 d a, c a, b - R-1 d a, c a, b - R-S d a, c a, b - 4. Stealth. a. Installations located within the conservation overlay district shall be stealth facilities. b. A stealth wireless facility may exceed the height limitations of the district by ten feet. 5. Small scale wireless facilities. All small scale wireless facilities established in the neighborhood conservation or entryway corridor overlay districts shall be installed in such a way as to maintain the historic or architectural character of the host site. All sites shall maintain the least possible visual obtrusiveness. 6. Large scale wireless facilities. No large scale wireless facility will be permitted unless the applicant demonstrates that the proposed facility can not be accommodated on an existing structure or by placement of a smaller facility. In order to justify the construction of a large- scale wireless facility, the applicant must demonstrate that higher ranking alternatives in the hierarchy, beginning with subsection 38.370.040.B.2.a.(1), do not constitute feasible alternatives. Such demonstration must be made by submission of a statement of position, qualifications and experience by a licensed radio frequency engineer and address the required findings of this section. a. If collocation is feasible, the owner of the large scale wireless facility shall certify in writing, prior to final permit approval, that the owner will accept for collocation any FCC-licensed or licensing exempt wireless communication provider using compatible technology at reasonable and customary rates and terms up to the structural capacity to accommodate additional 119 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 114 July 29, 2016 development code redesign.docx antennas. Collocation may be denied based on verifiable and substantial expectations of interference from additional users. Later failure to comply with the requirements supporting collocation may result in the revocation of city approvals or other penalties provided by the municipal code as the requirements of the title will have been violated. b. The city shall find the proposed guarantee, assurances or provisions for the perpetual maintenance and for removal of an abandoned large scale wireless facility to be adequate. c. A large scale wireless facility shall not either: (1) Exceed 190 feet in height; or (2) When located east of the alignment of Church Avenue/Sourdough Road and west of the extended alignment of Bozeman Trail Road/Arnica Drive; (a) Exceed 100 feet in height when its base elevation is greater than 4,800; (b) Exceed 40 feet in height when its base elevation is above 4,850 elevation; (c) Notwithstanding the provisions of subsections B.6.c.(2)(a) and (b) of this section, these restrictions shall not apply for those areas lying east of the extended alignment of Bozeman Trail Road/Arnica Drive and south of Interstate 90. d. Where multiple service providers will be utilizing the same ground area and/or support structure, a single structure shall be provided to house all ground based equipment. e. Special setbacks for large scale wireless facilities shall be provided and/or a design for internal structural collapse to avoid damage or injury to adjoining property or users shall be provided. (1) Residential district setbacks for a large scale wireless facility shall be 100 percent of facility height which may be reduced to no less than 50 percent upon the provision and approval of an engineered design, stamped by a professional structural engineer licensed to practice in the state, establishing a smaller collapse area. (2) A large scale wireless facility in nonresidential zones shall provide a minimum setback from the property lines of 75 percent of facility height which may be reduced to no less than 30 percent of facility height upon the provision and approval of an engineered design, stamped by a professional structural engineer licensed to practice in the state, establishing a smaller collapse area. Large scale wireless facilities located within nonresidential zones, but adjacent to a residential zone or residentially developed areas, shall maintain a minimum setback from residential zoning or property boundaries of at least 50 percent of facility height. All installations shall maintain the minimum zoning district setbacks including special setbacks for entryway corridors. f. New large scale wireless facilities greater than 50 feet in height shall be designed in all respects to accommodate both the applicant's antennas and antennas for at least two other additional users. A new large scale wireless facility may meet this requirement by correctly sizing the foundation and other structural elements to allow the future addition of height to the structure to accommodate additional users rather than immediately constructing the entire large scale wireless facility. This requirement may be waived by the governing body upon a showing of fact to overcome the presumption that multiple transmitters are desirable on the proposed facility. g. All large scale wireless facilities 50 feet or greater in height, regardless of the zoning district in which the structure is located, shall be located at least one mile, measured in a straight line, from any other large scale wireless facility that is 50 feet or greater in height. An exception to this requirement may be granted by the approval body when it is found and 120 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 115 July 29, 2016 development code redesign.docx factually supported in the written record that the criteria of subsection B.6.i of this section are met and a critical need exists for the proposed location, or that a closer placement is desirable to advance the intent of this chapter. h. A large scale wireless facility greater than 50 feet in height shall only be approved when the applicant can demonstrate in writing that no existing or approved micro-scale, small scale or large scale wireless facility within the required separation distance of the proposed site can accommodate the applicant's proposed antenna. i. In addition to the other review criteria of this chapter, affirmative findings for at least one of the following items must be made in order for the conditions necessary for approval to exist: (1) No existing or proposed structures adequate to support the proposed antennas are located within the geographic area are required to meet the applicant's engineering and service requirements; (2) Existing or approved structures are not of sufficient height to meet the applicant's engineering and service requirements and a combination of smaller scale facilities will not provide for adequate service delivery; (3) Existing or approved structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment and can not be reinforced to provide sufficient structural strength; (4) The applicant's proposed antennas would cause electromagnetic interference with the antenna on the existing or approved antenna support structures, or the antenna on the existing or approved antenna support structures would cause interference with the applicant's proposed antenna; (5) Property owners or owners of existing or approved wireless facilities or locations for smaller scale installations are unwilling to accommodate the applicant's needs; or (6) The applicant demonstrates that there are other factual and verifiable limiting factors that render existing or approved wireless facilities unsuitable. j. Height and number of users. A large scale wireless facility may be reviewed as a multiple phase project and be constructed over time as provided for in section 38.370.040.B. Prior to the approval of a final site plan, or a building permit if it be a latter phase of a phased project, an applicant shall provide: (1) For the first 70 feet of tower height, for an applicant who is not themselves a wireless service provider, a copy of an executed lease from a wireless service provider of not less than 12 months duration; (2) For a height of greater than 70 feet and not more than 110 feet of structure height, one additional executed lease; (3) For a height greater than 110 feet, one additional executed lease; (4) Leases may be redacted to remove proprietary information but shall identify the parties. 7. Nonbroadcast. A nonbroadcast telecommunication facility located within an entryway overlay district, the neighborhood conservation overlay district or a residential zoning district shall be enclosed within a structure. The structure shall be of materials and architectural character which are compatible with the adjacent properties. The facility shall comply with all applicable side, front and rear yard setbacks. 121 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 116 July 29, 2016 development code redesign.docx C. Administrative. 1. An inventory of existing sites utilized by the applicant shall be provided. The inventory shall note the feasibility of accommodating other users. The city may share this information with other applicants or interested parties to encourage collocation. 2. The public land and agencies exemption from full compliance with zoning in MCA 76-2-402 does not apply to private entities utilizing publicly owned lands. 3. Any antennas or antenna support structures that are not utilized for the provision of wireless services for a continuous period of six months shall be considered abandoned. All facilities shall be removed within six months of the cessation of operations. If a facility is not removed within six months the city shall remove the facility at the facility or landowner's expense. Where multiple users share a facility, the nonoperational antennas and associated ground-mounted equipment shall be removed but any common equipment may be retained until all users have terminated the utilization of the site. 4. Any emergency power supply or other equipment installed at the facility must comply with subsection 38.320.130.H. 5. No facilities may be established in residential areas which require employees to be present on a routine basis, with the exception of periodic maintenance activities, unless the zone allows offices as a permitted or conditional use and appropriate review has been completed. 6. Failure to comply with the terms of this chapter shall be grounds for facilities to be removed by action of the city at the facility or landowner's expense. 7. Any modifications to existing wireless sites may only occur in compliance with the review procedures required in section 38.370.030. 8. Denial of an application shall be made only after the review body has determined that specific criteria of this chapter can not be met. Said determination shall be made in writing and shall include the reasons for the denial and the evidence which supports those reasons. Public opposition alone is not sufficient to deny the application. (Ord. No. 1645, § 18.54.040, 8-15-2005; Ord. No. 1802, § 17, 4-11-2011; Ord. No. 1828, § 88, 9-10-2012; Ord. No. 1830, § 35, 9-24-2012) 122 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 117 July 29, 2016 development code redesign.docx 38.380 Affordable housing - Temporary (Article 43) --- (13) --- Editor's note—This division 38.380 is temporary. Per Ord. No. 1922, § 4, adopted Dec. 7, 2015, this division 38.380 terminates only on the occurrence of any of the contingencies provided for in Ord. No. 1922, § 10. DIVISION 1. - FINDINGS AND PURPOSE Sec. 38.380.010. - Legislative findings. (38.43.010) The city commission hereby finds: A. The Bozeman Community Plan establishes a goal to encourage an adequate supply of affordable housing and land for affordable housing in Bozeman. A lack of affordable housing affects the ability of many residents to find housing which is adequate for their basic housing needs. A lack of adequate housing affects health, social stability, and other issues which can have negative and intergenerational effects. To fulfill this goal, the community plan establishes an objective to promote the development of a variety of housing types, designs, and costs to meet the wide range of needs of Bozeman residents. B. The Affordable Housing Action Plan: 2012—2016 (action plan) analyzed housing needs and existing market conditions and determined housing affordability has become an acute problem as demonstrated by the number of households paying over 30 percent of their incomes for housing. A 2015 update to the city's housing needs analysis (action plan update) concluded that the group of homebuyers with significant affordability gaps have incomes at or below 80 percent of the area medium income and are in need of subsidies and/or below-market home prices. The action plan update also determined that buying opportunities are increasingly scarce for homebuyers with incomes between 60 percent and 100 percent of AMI, and that housing and land prices have increased faster than incomes for many of Bozeman's residents. C. Since the adoption of the Bozeman Community Plan and the action plan, the median sales price of housing has continued to climb. According to the action plan update, as of the end of November 2014, the median home price was $287,000.00. D. The action plan update states that the number of detached homes priced below $250,000.00, a rough indicator of housing affordability for a family of three at 100 percent of AMI, has fallen from 48.4 percent of the market in 2012 to just 18.6 percent in 2014. E. There is a critical shortage of for-sale housing affordable to Bozeman households with incomes at and below the area median income, as currently calculated by the U.S. Department of Housing and Urban Development. As a result, some residents pay excessive amounts of income for housing, reducing the amounts available for other necessities and a decent and adequate standard of living. F. Limited housing opportunities within the city requires households to seek housing outside of the city limits which has a negative impact on transportation infrastructure by adding unnecessary trips to the network. Increased driving distance to affordable housing also negatively impacts air and water quality. To maintain a sufficient resident workforce in all fields of employment, and to ensure the public safety and general welfare of the residents of the City of Bozeman, affordable housing needs must be addressed. 123 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 118 July 29, 2016 development code redesign.docx G. The city can achieve its goals of promoting the development of more affordable housing and its goal of achieving an economically balanced community only if part of the new housing built is affordable to households with low and moderate incomes. H. The inclusionary housing regulations codified in this division 38.380 will substantially advance the city's legitimate interest in assuring that additional housing is built in the city that is affordable to residents, including low- and moderate-income households and dispersed throughout the city in order to encourage economic integration of the city's residents. I. This division 38.380 is adopted pursuant to the city's self-governing powers and the city's independent general police power to protect public health, safety, and welfare. Encouraging the construction of affordable housing within certain developments is consistent with the community's housing goals of protecting the public welfare by fostering an adequate supply of housing for persons at all economic levels and maintaining both economic diversity and geographically dispersed affordable housing. J. Providing housing affordable to low and moderate-income households is reasonably related to the impacts of newly created market-rate housing projects because: 1. Rising land prices are a key factor in preventing development of new affordable housing. New market-rate housing construction in Bozeman has generally created strong and increasing demand for a finite stock of unbuilt land within the city, and thus continues to drive up the price of remaining land. New development without affordable units reduces the amount of land development opportunities available for the construction of affordable housing. 2. New residents of market-rate housing place demands on services provided by both public and private sectors, creating a demand for new employees. Some of these public and private sector employees needed to meet the needs of the new residents earn incomes only adequate to pay for affordable housing. Because affordable housing is in short supply in the city, such employees may be forced to live in less than adequate housing within the city, pay a disproportionate share of their incomes to live in adequate housing in the city, or commute ever increasing distances to their jobs from housing located outside the city. These circumstances harm the city's ability to attain employment and housing goals articulated in the community plan and place strains on the city's ability to accept and service new market- rate housing development. (Ord. No. 1922, § 2, 12-7-2015) Sec. 38.380.020. - Purpose. (38.43.020) The purpose of this division 38.380 is to promote the public health, safety, and welfare by encouraging the creation of affordable housing for the residents of Bozeman. In addition, the purpose of this division 38.380 is to promote the dispersal of quality affordable housing throughout Bozeman's neighborhoods for households of a variety of income levels including low- and moderate-income residents to meet the goals of the community plan and the action plan by encouraging a mix of housing types throughout the city and integrating affordable housing so as to not concentrate affordable housing in a particular area. In addition, the article is intended to alleviate the impacts that would result from the use of available residential land solely for the benefit of households that are able to afford market-rate housing and to mitigate the service burden imposed by households in new market-rate residential developments by making additional affordable housing available for service employees. The article is also intended to mitigate environmental and other impacts that accompany new residential development by reducing traffic, transit and related air quality impacts, promoting jobs/housing balance and reducing the demands placed on transportation infrastructure. 124 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 119 July 29, 2016 development code redesign.docx The article provides incentives for housing developers to ensure houses are constructed and sold in a manner that furthers the city's affordable housing goals. (Ord. No. 1922, § 2, 12-7-2015) DIVISION 2. - APPLICABILITY AND DEFINITIONS Sec. 38.380.030. - Applicability. (38.43.030) This division 38.380 applies to developments seeking to use incentives to develop affordable housing. (Ord. No. 1922, § 2, 12-7-2015) Sec. 38.380.040. - Definitions. (38.43.040) 1. Affordable housing or affordable home. A dwelling for purchase by an owner-occupant that requires no more than 33 percent of a household's income for housing payments and meets the definition of a lower-priced home or moderate-priced home. 2. Area median income or AMI. As calculated by the U.S. Department of Housing and Urban Development (HUD), AMI is the median income for a family of four within a specific geographical area, such as Gallatin County. For each such region, HUD adjusts this AMI calculation for households of different sizes and updates the calculations annually based on estimated changes in area incomes. For purposes of this division 38.380, the city hereby adopts HUD's AMI calculations as an equitable and reasonable method to determine affordability, based on percentages of AMI specified in this division 38.380. 3. Developer. For purposes of this division 38.380, a developer is the person or legal entity, or their successor(s) in interest who: (a) submits an affordable housing plan for a subject property along with other submissions required for land use approvals, zoning, or permit reviews by the city, and/or (b) is the owner of property subject to this division 38.380 during the development phase or a successor in title, such as a builder, obligated to implement an approved affordable housing plan with respect to one or more lots or parcels of land, and/or (c) receives incentives for the production of affordable housing. 4. Lower-priced home. Newly created dwelling for purchase, determined by the city in accordance with this division 38.380 to be affordable to a household with an income between 65 percent and 80 percent of AMI. 5. Market-rate home. Any dwelling subject to this division 38.380 which is not an affordable home, including detached dwellings, attached town houses, and condominium units but not including housing units that are developed for exclusive use as a rental. 6. Moderate-priced home. Newly created dwelling for purchase, affordable to a household with an income between 81 percent and 100 percent of AMI. (Ord. No. 1922, § 2, 12-7-2015) 125 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 120 July 29, 2016 development code redesign.docx DIVISION 3. - REQUIREMENTS Sec. 38.380.050. - Pricing of affordable homes. (38.43.050) A. The city will calculate on an annual basis the maximum sales price a developer may charge for each category of affordable home included in a developer's affordable housing plan as follows: 1. Lower-priced homes. The sales price for lower-priced homes affordable to buyer-households with incomes from 65 percent to 80 percent of AMI will be calculated based on a household income of 70 percent of AMI. 2. Moderate-priced homes. The sales price for moderate-priced homes affordable to buyer- households with incomes from 81 percent to 100 percent of AMI will be calculated based on a household income of 90 percent of AMI. B. Affordable home sales price schedule. 1. The city will annually publish a schedule of sales prices for low-priced homes and moderate- priced homes within 30 calendar days of the HUD's annual publication of updated AMI calculations. The sales price schedule will be effective on the date of publication by the city. The new sales price schedule will apply to applications for building permits received after the effective date of the new sales price schedule. A developer may request that a new sales price schedule apply to the sale of an affordable home approved under a previous sales price schedule. 2. The city, at the city's sole discretion, may recalculate the sales price schedule if prevailing mortgage interest rates have adjusted by 50 basis points or more over the assumption used for the previous schedule. 3. Considerations. The following factors will be considered by the city in calculating the sales price schedule. The director of community development may make de minimis exceptions to application of these factors: a. AMI for the Bozeman area; b. Gross monthly income will be calculated as the appropriate HUD AMI calculations income divided by 12; c. The maximum monthly payment will be 33 percent of gross monthly income. The maximum monthly payment will include costs directly applicable to a mortgage such as payment of principal, interest, as well as assumptions for typical costs of taxes, public assessments, property insurance premiums, mortgage insurance premiums (assuming the higher of either government or private mortgage insurance), and homeowner/condominium association fees; d. The interest rate will be determined by the city by a survey of at least three local mortgage lenders, averaging their current rates for loans for homes with price ranges within the low- priced homes range and the moderate-priced homes range; e. The financing will be a conventional or government-insured fixed-rate loan within 100 basis points of prevailing interest rates with a term of 30 years or less; and f. A borrower will provide a down payment of $1,000.00. C. Household occupancy assumptions. To determine the maximum sales prices of affordable homes with different numbers of bedrooms, the city will base its calculation on the AMIs for households of different sizes, as follows: 1. Zero bedroom or studio unit: AMI for a one-person household; 126 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 121 July 29, 2016 development code redesign.docx 2. One bedroom unit: AMI for a two-person household; 3. Two bedroom unit: AMI for a two-person household; and 4. Three bedroom unit or larger: AMI for a four-person household. (Ord. No. 1922, § 2, 12-7-2015) 127 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 122 July 29, 2016 development code redesign.docx Sec. 38.380.060. - Timing of delivery of affordable homes. (38.43.060) Affordable homes included in an approved affordable housing plan must be provided in accordance with the following: A. In each development in which more than one affordable home is proposed to be sold, the affordable housing plan shall specify that affordable homes are to be sold concurrently and in proportion to the sale of unimproved lots or market-rate homes. Such timing will be represented in an affordable homes pricing and delivery schedule as described in section 38.43.080, as outlined in an approved affordable housing plan. B. A developer may sell affordable homes earlier than required in an affordable housing plan. (Ord. No. 1922, § 2, 12-7-2015) Sec. 38.380.070. - Minimum design and construction standards for affordable homes. (38.43.070) A. Required numbers of bedrooms in affordable homes. In each development subject to the requirements of an approved affordable housing plan, affordable homes shall represent a mix of bedrooms per unit as similar as possible (given rounding of numbers) to the mix of bedrooms per unit of the market-rate homes in the development. B. Standards for design and construction. The city shall define reasonable standards for the design and construction of affordable homes to ensure livability and compatibility with nearby market-rate homes in the development. Affordable homes may have different interior finishes and features than other dwellings within the development, as long as the finishes and features are functionally equivalent and of good quality. Finishes include, but are not limited to, design and materials, the provision of appliances, cabinets, and floor treatment. Features include, but are not limited to, the numbers of bathrooms, garages and parking areas, mechanical equipment and hookups, and green building features. C. Amenities. Affordable homes shall have the same amenities as the market-rate homes in the development, including the same access to and enjoyment of common open space and facilities in the development. (Ord. No. 1922, § 2, 12-7-2015) Sec. 38.380.080. - Submission of affordable housing plan; approval. (38.43.080) A. Affordable housing plan. The applicant for any development seeking to utilize the incentives to create affordable housing must submit an affordable housing plan in a form provided by or approved by the city that describes how the provisions of this division 38.380 will be satisfied. When approved by the city, the affordable housing plan must be incorporated by reference in the recorded subdivision plat, site plan or annexation agreement. B. Affordable housing plan as binding agreement. An affordable housing plan approved by the city will be considered a binding contract between the developer and the developer's successors in interest to the lot or dwelling. Such plan will be included in a separate recorded written agreement between the developer and the city, or incorporated into another recorded document wherein the developer is required to implement the affordable housing plan. C. Contents of affordable housing plan. The affordable housing plan submitted by the developer must include, at a minimum: 128 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 123 July 29, 2016 development code redesign.docx 1. Number of affordable homes proposed in each affordable home category; 2. The minimum number of bedrooms in each affordable home; 3. Number of market-rate homes in the development; 4. The anticipated or estimated number of bedrooms in each market-rate home; 5. Location of affordable homes in the development (lots in the plat or units within a site plan); 6. Timing of delivery of the affordable homes in relation to the market-rate homes in the development; 7. Marketing plan describing how affordable homes will be offered to the public; 8. Plan for construction of affordable homes in phased developments. It is anticipated that in developments being built in phases, the number of market-rate homes may not be certain at the time the developer submits the affordable housing plan. In such cases, the developer must estimate the number of market-rate homes and number of affordable homes for each phase. If the number of homes in the first phase of such development is certain at the time of the city's approval of the affordable housing plan, a separate affordable homes pricing and delivery schedule for that phase shall be incorporated in the affordable housing plan at the time of development or construction of each subsequent phase. As the number of homes in future phases becomes certain, the affordable housing plan shall provide for subsequent affordable homes pricing and delivery schedules for future phases of the development, consistent with the affordable housing plan; and 9. Any other information that is reasonably necessary to evaluate the compliance of the affordable housing plan with the requirements of this division 38.380. D. Pricing and delivery schedules in affordable housing plans. The affordable homes pricing and delivery schedule shall be in the form of a chart that contains the numbers of required affordable homes by bedroom count and affordable home category, and shall indicate the current affordable home prices as calculated by the city. E. Approval of affordable housing plan. The affordable housing plan will be reviewed as part of the initial application approval process for the type of development proposed. A condition shall be attached to the approval of any subdivision plat or site plan to require recordation of the affordable housing plan or other separate agreement obligating the developer to meet the requirements of this division 38.380. (Ord. No. 1922, § 2, 12-7-2015) Sec. 38.380.090. - Marketing, sales and occupancy of affordable homes. (38.43.090) Developers subject to this division 38.380 shall market and sell affordable homes in accordance with provisions described in the city's published instructions for preparing affordable housing plans. These provisions will address factors such as waiting list management, marketing materials, the city's and the developer's respective responsibilities for marketing affordable homes and finding qualified buyers, actions to be taken in the event of inability to identify qualified buyers, procedures for certification of buyer eligibility, purchase contracts, and full disclosures to buyers of their obligations and rights under this division 38.380. If after 120 calendar days of marketing efforts on the part of the developer of an affordable home in compliance with the city's published instructions the developer has not executed a purchase contract with a qualified buyer, the developer may enter into a purchase contract with a buyer at a sales price that shall not be subject to the maximum sales prices established pursuant to section 38.380.070. In such a case, upon closing of the sale the developer must pay the city the difference 129 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 124 July 29, 2016 development code redesign.docx between the sales price and the price of the affordable home as set out in the approved affordable housing plan in accordance with subsection 38.380.150.B. (Ord. No. 1922, § 2, 12-7-2015) Sec. 38.380.100. - Recording requirements upon sale of affordable home. (38.43.100) The developer, or the city or its agent, if the city is involved in the sale of an affordable home, shall cause to be recorded in the offices of the Gallatin County Clerk and Recorder, simultaneously with the recording of the deed of conveyance, a restrictive covenant, deed of trust or other legal instrument, approved as to form by the Bozeman City Attorney that fulfills the resale and recapture requirements described in section 38.380.130. (Ord. No. 1922, § 2, 12-7-2015) DIVISION 4. - INCENTIVES Sec. 38.380.110. - Incentives available for affordable housing. (38.43.110) Developers may apply for incentives in conjunction with a development application by submitting an affordable housing plan pursuant to section 38.380.080. Incentives Description Lower- priced homes Moderate- priced homes 70% AMI 80% AMI 90% AMI Impact fee subsidy Full or partial subsidization of impact fees, paid from municipal funds if such funds are available; such subsidization must be secured with a lien instrument due upon sale, transfer or non- rate/term refinance of the home. X X Down payment assistance Subject to the availability of funds, the city will provide on a first-come first-served basis, down payment assistance not to exceed $10,000.00 per home benefiting households. Down- payment assistance will only be provided directly to the qualifying homebuyer. This assistance shall be secured with a lien instrument due upon sale, transfer or non-rate/term refinance of the home. X X Waiver of subdivision pre-application Waive pre-application for subdivision when ten percent of units are designated for lower price homes. X X 130 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 125 July 29, 2016 development code redesign.docx Reduction of parkland1 Allow a 1:1 square foot reduction in the amount of parkland dedication required per square foot of lot size for lower homes. If a developer provides more than the required number of lower priced homes, the lot area square footage of the additional lower priced homes shall not further reduce the required parkland dedication. X Reduced minimum lot sizes Per the provisions in this chapter, affordable homes may utilize reduced setback requirements and reduced sized lots. The reduction in lot size shall be allowed to create an increase in maximum unit density beyond the maximum currently allowed in a given zoning district. X X X Concurrent infrastructure housing construction Concurrent construction of infrastructure and housing development at the installation of gravel-base roads, provided the developer has provided assurance through a performance bond, letter of credit or other financial security acceptable to the city attorney ensuring the completion of infrastructure. X X Expedited review for affordable housing 1+1 Detached homes and attached homes in groups of less than six units will receive expedited (three business day) building permit review for affordable housing. For each building permit for an affordable home, a market rate unit will receive the same expedited review. X X X Reduced parking requirements Reduced parking requirement of two spaces per three- bedroom dwelling. X X 1 This incentive is available only until the city has approved affordable housing plan(s) that include the number of lower-priced homes at 70 percent AMI as established by commission resolution. In addition, a developer seeking to use this incentive may only do so if the affordable homes at 70 percent AMI constitute no more than ten percent of the total units in a development or the unit is to be constructed on a single lot wherein the parkland dedication requirement has not previously been provided. (Ord. No. 1922, § 2, 12-7-2015) 131 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 126 July 29, 2016 development code redesign.docx DIVISION 5. - BUYER QUALIFICATION AND SUBSIDY RECAPTURE Sec. 38.380.120. - Qualification of buyers of affordable homes. (38.43.120) A. Lower-priced homes. To qualify for purchase of a lower-priced home, a buyer must meet the following criteria: 1. A household income in the 65 percent—80 percent AMI range, as verified and certified by the city; such certification must have been provided no more than one year prior to the closing date of the purchase. Income verification will be performed using HUD's online income certification tool or a similar method that meets Code of Federal Regulations (CFR) 24 Part 5, as amended, which adjusts gross incomes based on extraordinary expenses and imputation of assets to income. 2. Maximum assets of $25,000.00. Assets will be determined using 24 CFR Part 5.603, as amended. 3. The household occupying the lower-priced home must meet the definition of "household" in article 7. 4. The buyer must meet one of the following definitions of "first-time homebuyer": a. An individual who has had no ownership interest in a principal residence during the three- year period ending with the date of purchase; or b. A single parent whose only prior home was owned with a former spouse while married; or c. An individual who is a displaced homemaker and has only owned with a spouse; or d. An individual who has only owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations; or e. An individual who has only owned a property that was not in compliance with state, local or model building codes and which cannot be brought into compliance for less than the cost of construction a permanent structure. 5. The buyer must contribute at least $1,000.00 towards the purchase of the home unless waived in writing by the city because of extraordinary circumstances, such as death of primary or secondary income earner or qualification as displaced homemaker. 6. The buyer must utilize conventional or government-insured fixed-rate first-mortgage financing with a term of 15 to 30 years. 7. The household in a lower-priced home must occupy the home as its primary residence. Lower- priced homes may not be rented to another party, since the intent of the program is to provide these homes only for income-qualified owner occupants, with the exception of rentals for a limited period of time necessitated by a family hardship or a temporary move for one year or less, if approved in advance by the city. B. Moderate-priced homes. To purchase a moderate-priced home, a buyer must occupy the home as a primary residence. The developer must provide evidence satisfactory to the city verifying the initial owner will use the home as their primary residence at time of sale. (Ord. No. 1922, § 2, 12-7-2015) 132 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 127 July 29, 2016 development code redesign.docx Sec. 38.380.130. - Subsidy recapture for lower-priced homes. (38.43.130) To ensure that the community investment in affordable housing is perpetuated and that beneficiaries of affordable housing programs do not receive a windfall financial benefit, the city requires repayment of subsidies as follows: A. Requirement for repayment of cash subsidy. The buyer of a lower-priced home that received cash support in the form of funds from the affordable housing fund or other funding through the city, including but not limited to down payment assistance, impact fee payment, or other funding shall be required to repay the subsidy, at zero percent interest, when the dwelling or property is sold, transferred, refinanced or when the initial buyer who qualified for the subsidy has failed to abide by the requirements of this division 38.380. The subsidy will be recorded as a lien against the property at the Gallatin County Clerk and Recorders office. B. Requirement for repayment of non-cash subsidy. Because most or all lower-priced homes will be sold at a discount from market value, defined as the difference between the appraised value and the maximum allowed price of a lower-priced home at the time of the initial sale to a qualified buyer, the city commission finds that it gives a subsidy with cash value to the initial buyer which may be recaptured under certain circumstances. Therefore, upon resale or transfer of a lower-priced home, the city aims to further its housing affordability goals by recapturing the principal amount of the subsidy by use of a lien in favor of the city in that amount, which will be due and payable to the city, at zero percent interest, when the home is sold or transferred or when the initial buyer who qualified for the affordable home has failed to abide by the terms of this division 38.380. The appraisal used to calculate the amount of subsidy may be the appraisal obtained by the buyer's mortgage lender or, if that is not available, a professional appraisal provided by the purchaser. C. Use of repayments to the city. The city shall only use repayments of the lien amounts to fund: 1. Down payment assistance for buyers of new or existing homes in Bozeman with household incomes at or below 80 percent of AMI; 2. Affordable rental opportunities for residents of Bozeman with incomes at or below 60 percent of AMI; or 3. Any other use approved by the city commission that increases affordable homeownership opportunities for residents of Bozeman with income at or below 80 percent of AMI. (Ord. No. 1922, § 2, 12-7-2015) DIVISION 6. - ADMINISTRATION AND ENFORCEMENT Sec. 38.380.140. - Administration. (38.43.140) A. Director of community development authority. The director of community development or designee shall have authority to promulgate and enforce all reasonable rules and regulations and take all actions necessary to the effective operation and enforcement of this division 38.380, unless such authority is expressly reserved to the city commission or another city official, including but not limited to: 1. Reviewing a developers' affordable housing plan for compliance with this division 38.380; 2. Adopting all forms and prescribing the information to be given therein; 133 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 128 July 29, 2016 development code redesign.docx 3. Monitoring developers' compliance with their approved affordable housing plan, notifying the developer of noncompliance, and ordering compliance; 4. Imposing any and all sanctions permitted by this division 38.380; and 5. Calculating the annual pricing targets for affordable homes and causing a sales price schedule to be published. The director of community development may make de minimis exceptions to the factors considered in calculating the price targets. B. Administrative manual. The city will publish administrative rules and instructions approved by the city commission, including but not limited to instructions for completing the affordable housing plan, valuations required by this division 38.380, and the distribution of the required number of affordable homes between the two affordable home categories and required number of bedrooms. Such distribution by affordable home category shall be based primarily upon an assessment by the city of housing needs among the income groups corresponding to each affordable home category, but shall take into account the economic impact on developments subject to the requirements of this division 38.380. C. Verification of sales prices and income certification prior to closing. The city manager may create standards for documentation the city will use to verify the sale price of a home created pursuant to this division 38.380. For the initial sale of an affordable home, the seller must provide the city with a copy of the HUD-1 form prepared by an attorney or title company indicating the sales price. The final sales price on the HUD-1 form may not exceed the maximum price for a specific affordable home as described in the current price schedule pursuant to section 38.380.050 plus an allowed maximum of $3,000.00 in buyer selected upgrades, if allowed by the first mortgage lender underwriters. In addition, the city shall require certification satisfactory to the city of homebuyer income qualification. D. Monitoring completed sales. Upon receipt of a settlement statement for an affordable home, the city will determine if the completed affordable home sale complies with the approved affordable housing plan and the requirements of this division 38.380, and if not, respond to the noncompliance as provided in section 38.380.150. (Ord. No. 1922, § 2, 12-7-2015) Sec. 38.380.150. - Noncompliance; sanctions. (38.43.150) A. Discovery of noncompliance. If the city determines a developer subject to an affordable housing plan has failed to comply with any terms or conditions of the affordable housing plan or this division 38.380, the director of community development or authorized agent shall notify the developer of the noncompliance in writing and order compliance by the most reasonable and expeditious means as determined by the city. Notification shall describe a date certain by which the developer must be in full compliance (which may not be less than one week or more than one year from the date of the notice), and shall describe: (i) the exact nature of the noncompliance; and (ii) the possible sanctions for noncompliance with this notification. B. Cancellation of incentives provided. If a developer sells a home for a price not in compliance with the approved affordable housing plan or any other recorded documentation obligating developer to comply with this division 38.380, the developer must, prior to the release by the city of the dwelling from the affordable housing plan or binding agreement, pay the city the difference between the sales price and the price of the affordable home as set out in the approved affordable housing plan. C. Sanctions for noncompliance. In addition to other remedies available to the city pursuant to this division 38.380, if on a date certain by which compliance has been ordered by the director of 134 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 129 July 29, 2016 development code redesign.docx community development or authorized agent, the developer remains in noncompliance, the director of community development or authorized agent shall notify the city attorney of the noncompliance and request that sanctions be imposed. The city shall have the authority to impose one or more sanctions including but not limited to the following which the city deems most effective and appropriate considering the nature of the noncompliance: 1. Withholding or revoking building permits; 2. Issuing stop-work orders; and/or 3. Withholding certificates of occupancy. (Ord. No. 1922, § 2, 12-7-2015) 135 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 130 July 29, 2016 development code redesign.docx ARTICLE 4. COMMUNITY DESIGN 38.400 Transportation facilities & access (Article 24) Sec. 38.400.010. - Streets, general. (38.24.010) A. All streets shall be provided in accordance with the adopted growth policy and/or transportation plan. The arrangement, type, extent, width, grade and location of all streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed uses of the land to be served by such streets. The design standards contained in these regulations shall apply to all construction, reconstruction and paving of streets. Review authority for exceptions or modifications to this section is specified in division 38.220. 1. Relation to undeveloped areas. When a proposed development adjoins undeveloped land, and access to the undeveloped land would reasonably pass through the new development, streets within the proposed development shall be arranged to allow the suitable development of the adjoining undeveloped land. Streets within the proposed development shall be constructed to the boundary lines of the tract to be developed, unless prevented by topography or other physical conditions. If the development being reviewed is a subdivision, a request for an alteration of this standard shall be processed as a subdivision variance. If the development being reviewed is not a subdivision a request for an alteration of this standard shall be reviewed against the criteria of subsection 38.250.070.B but shall not otherwise alter the review authority who would otherwise decide upon the application. 2. Relation to developed areas. The developer shall arrange the streets to provide for the continuation of streets between adjacent developed properties when such continuation is necessary for the convenient movement of traffic, effective provision of emergency services and efficient provision of utilities. 3. Separation of through and local traffic. Where a development abuts or contains an existing or proposed arterial or collector street, the developer may be required to provide frontage roads, reverse frontage with a reservation prohibiting access along the rear property line, screen planting, or such other treatment as may be necessary for protection of residential properties and to afford separation of through and local traffic. 4. Distance between parallel rights-of-way. Where a development borders on or contains a railroad, limited access highway, canal, ditch or stream right-of-way, the developer may be required to provide a street approximately parallel to and on each side of such right-of-way at a distance suitable to allow for the appropriate use of the intervening land. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separation. 5. Dead-end streets. Dead-end streets shall comply with city design specifications and standards, and with any city-adopted International Fire Code. No dead-end streets longer than 150 feet shall be permitted without an approved turn around. Where streets terminate, the developer shall provide a cul-de-sac at the terminus. Where it is planned that a dead-end street will be extended in the future, a temporary cul-de-sac shall be provided. All approved turnarounds shall be signed as no parking. a. "T" turnarounds, in-lieu of a temporary cul-de-sac, must be specifically approved by the review authority. "T" turnarounds shall include two straight backup lengths of 45 feet each to 136 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 131 July 29, 2016 development code redesign.docx accommodate city fire trucks. All other design requirements shall be established by the review authority. 6. Local streets. Local streets shall be laid out to discourage speeding. 7. Half streets. Half streets are prohibited except when they are essential to the development, are beneficial to the city, or when the review authority is satisfied that the half of the street will be dedicated to the public when the adjoining property is developed. Half streets must be approved by the review authority, and when adjacent to unannexed land, the county road office. When an existing half street is adjacent to a tract to be developed, the undeveloped half of the street shall be provided with the new development. 8. Second or emergency access. To facilitate traffic movement, the provision of emergency services and the placement of utility easements, all developments shall be provided with a second means of access. If, in the judgment of the development review committee (DRC), a second dedicated right-of-way cannot be provided for reasons of topography or other physical conditions, the developer shall provide an emergency access, built to the standards detailed in these regulations. a. This provision may be waived or conditionally waived by the DRC. 9. Culs-de-sac. Culs-de-sac are generally prohibited. The review authority may consider and approve the installation of a cul-de-sac only when necessary due to topography, the presence of critical lands, access control, adjacency to parks or open space, or similar site constraints. Pedestrian walks shall be installed at the end of culs-de-sac where deemed appropriate. 10. Bridges and culverts. Culverts or bridges shall be provided and installed by the developer where drainage channels intersect any street right-of-way. a. Bridges. Bridges shall be built to state department of transportation H-20 load standards, and shall be reviewed and approved by the county road office and the city engineering department. b. All culverts shall, at a minimum, extend across the entire improved width of the street cross section. The size and length of the culvert and the amount of backfill over the culvert shall be determined by a registered professional engineer, when determined necessary by the city engineering department. (1) Each culvert or other drainage facility shall be large enough to accommodate potential runoff from upstream drainage areas. The minimum capacity of a culvert shall be equivalent to a circular diameter of 15 inches. 11. Encroachment permits. The person or entity undertaking the development shall be required to obtain encroachment permits for all access to state highways. 12. Traffic control devices. Street signs and other traffic control devices shall be installed at all intersections and any other location required by the city. The location, size, shape and height of all traffic control devices shall comply with city requirements, and shall conform with the Manual of Uniform Traffic Control Devices (MUTCD) and the city modifications to state public works standard specifications. 13. Sight distances. The alignment of all streets shall provide adequate sight distances based on design operating speeds. (Ord. No. 1645, § 18.44.010, 8-15-2005; Ord. No. 1693, § 14(18.44.010), 2-20-2007; Ord. No. 1828, § 55, 9-10-2012) 137 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 132 July 29, 2016 development code redesign.docx Sec. 38.400.020. - Street and road dedication. (38.24.020) A. General. All streets or alleys within, or providing access to, the proposed development shall be dedicated to the public, be private streets to be owned and maintained by an approved property owners association, or, if the criteria of this section are met, be a public street easement. 1. Public street easements. Public street easements shall: a. Be approved by the city attorney's office; b. Be recorded in the county clerk and recorder's office; and c. Clearly grant to the public an unrestricted right of ingress and egress from a public street to the property to be subdivided. 2. Private streets. a. Private streets may be required to have a public access easement if deemed necessary by the city. b. If a private street is proposed, the project shall be reviewed as a planned unit development. However, development proposals containing private streets shall be exempt from the PUD review requirement if: (1) A local private street is proposed and the street would comply with the city standard right-of-way requirement of 60 feet, and the standard back-of-curb to back-of-curb width of 31, 33 or 35 feet; or (2) A local private street is proposed and the street would comply with the city standard right-of-way requirement of 60 feet. The back-of-curb to back-of-curb width could vary from city standards, provided that: (a) A permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future private street maintenance; and (b) The developer signs a waiver of right to protest the creation of SIDs, or other perpetual legal instrument, acknowledging that the city will not assume dedication and/or maintenance of the streets unless the street is brought up to city standards, or the property owners have agreed to an assessment to fund improvements required to bring the street up to city standards. The developer shall record the waiver, or other legal instrument, at the time of final plat recordation, or prior to issuance of building permits if no final plat recordation is required. c. Documented proof of adequate maintenance funding and scheduling, for all private streets, shall be provided, subject to section 38.220.200. (Ord. No. 1645, § 18.44.020, 8-15-2005; Ord. No. 1693, § 14(18.44.020), 2-20-2007) Sec. 38.400.030. - Intersections. (38.24.030) A. The following requirements apply to street intersections: 1. Streets shall intersect at 90-degree angles except when topography prohibits this alignment. In no case shall the angle of an intersection be less than 60 degrees to the centerline of the street or road being intersected; 138 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 133 July 29, 2016 development code redesign.docx 2. Two streets meeting a third street from opposite sides shall be offset at least 125 feet for local roads and 300 feet for arterials or collectors. Distances shall be measured from the inside edge of the access, extended at its intersection with the projected curbline of the intersecting street, to the right-of-way line, along the street frontage right-of-way line. See Figure 38.400.030; 3. No more than two streets may intersect at one point; 4. Intersections of local streets with major arterials or highways shall be subject to section 38.400.090; 5. Intersections shall be designed to provide adequate visibility for traffic safety based on the designed operating speeds of the intersecting roadways; 6. Hilltop intersections are prohibited, unless no alternatives exist. Intersections on local streets within 100 feet of a hilltop are prohibited. Intersections on arterial and collector streets within 200 feet of a hilltop are prohibited. If no alternatives to a hilltop intersection exist, additional traffic control devices shall be required; 7. The grade of approaches to major highways shall not exceed five percent; and 8. Any street which intersects a paved minor collector or greater street shall be paved for at least 75 feet from the existing edge of pavement. Figure 38.400.030 Intersections (Ord. No. 1645, § 18.44.030, 8-15-2005; Ord. No. 1693, § 14(18.44.030), 2-20-2007) Sec. 38.400.040. - Street names. (38.24.040) A. The following requirements apply to street names: 1. New streets aligned with existing streets shall have the same name as the existing streets. 2. All street names must be approved by the county geographic information systems and city engineering department prior to final plat or plan approval in order to avoid duplication and confusion with names of existing streets and roads. (Ord. No. 1645, § 18.44.040, 8-15-2005; Ord. No. 1693, § 14(18.44.040), 2-20-2007) 139 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 134 July 29, 2016 development code redesign.docx Sec. 38.400.050. - Street and road right-of-way width and construction standards. (38.24.050) A. All streets and roads providing access to, and within, the proposed development shall meet the following standards: 1. Right-of-way width and construction standards contained in this chapter, the most recently adopted long range transportation plan, the City of Bozeman Design Standards and Specifications Policy, and the City of Bozeman Modifications to Montana Public Works Standard Specifications shall apply. 2. Access streets and roads which are not on the city's or county's road maintenance system shall be dedicated to the public or shall have a public easement which meets the criteria of this division 38.400. (Ord. No. 1645, § 18.44.050, 8-15-2005; Ord. No. 1693, § 14(18.44.050), 2-20-2007; Ord. No. 1796, § 4, 1-3-2011) Sec. 38.400.060. - Street improvement standards. (38.24.060) A. All street improvements shall be designed by and constructed under the supervision of a professional civil engineer, registered in the state, and shall meet or exceed the right-of-way and construction standards adopted by the city (including but not limited to an adopted transportation plan or specifications manual) and required for the type of street to be constructed. B. Plans and specifications for all public or private streets (including but not limited to curb, gutter, storm drainage, street lighting and sidewalks), shall be provided to and approved by the review authority. The developer shall provide professional engineering services for construction inspection, post-construction certifications and preparation of Mylar record drawings. The plans and specifications shall be approved and a preconstruction conference shall be conducted before any construction is initiated on the street improvements. 1. Surfacing. A pavement design report, based upon specific site soil data and design-year traffic loading conditions, prepared by a professional engineer, or other qualified professional approved by the review authority, shall be submitted to the review authority for approval prior to plan and specification submittal if using the self-certification process or with the plans and specifications if using the standard process. Pavement design shall be in accordance with the city design standards and specifications policy and the city modifications to state public works standard specifications. 2. Alleys. In subdivisions where alleys are proposed, a 20-foot-wide right-of-way shall be provided. The driving surface of the alley shall be 16 feet wide and shall be improved with gravel. a. Subdividers may elect to pave subdivision alleys provided that adequate stormwater facilities are available. b. Alleys shall be designed and constructed in accordance with the city design standards and specifications policy and the city modifications to state public works standard specifications, and subject to approval by the city engineer. c. Alleys used for backing under subsection 38.540.020.D shall be designed to provide the required aisle width. 3. Traffic progression. Traffic progression will be of paramount importance. Consequently, all potential intersections with signals will be placed on quarter-mile points unless otherwise approved by the review authority. 140 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 135 July 29, 2016 development code redesign.docx 4. Level of service standards. All arterial and collector streets and intersections with arterial and collector streets shall operate at a minimum level of service "C" unless specifically exempted by this subsection. Level of service (LOS) values shall be determined by using the methods defined by the most recent edition of the Highway Capacity Manual. A development shall be approved only if the LOS requirements are met in the design year, which shall be a minimum of 15 years following the development application review or construction of mitigation measures if mitigation measures are required to maintain LOS. Intersections shall have a minimum acceptable LOS of "C" for the intersection as a whole. a. Exception: If an intersection within the area required to be studied by subsection 38.220.060.A.12 does not meet LOS "C" and the intersection has been fully constructed to its maximum lane and turning movement capacity, then an LOS of less than "C" is acceptable. b. Exception: The review authority may accept an LOS of less than "C" at a specific intersection if: (1) A variance to allow a lesser LOS was approved not more than two years prior to the date an application for development being reviewed is determined to be adequate for review; (2) The request was made in writing with the application; and (3) The circumstances are in the professional judgment of the review authority substantially the same as when the variance was granted. (Ord. No. 1645, § 18.44.060, 8-15-2005; Ord. No. 1693, § 14(18.44.060), 2-20-2007; Ord. No. 1755, § 1, 1-20-2009; Ord. No. 1796, § 5, 1-3-2011; Ord. No. 1828, § 56, 9-10-2012) Sec. 38.400.070. - Street lighting. (38.24.070) A. Standards. For street lighting standards, please refer to section 38.570.010. B. Timing. For the timing of street lighting improvements, please refer to subsection 38.270.030.B.3. (Ord. No. 1645, § 18.44.070, 8-15-2005; Ord. No. 1693, § 14(18.44.070), 2-20-2007) Sec. 38.400.080. - Sidewalks. (38.24.080) A. General. City standard sidewalks (including a concrete sidewalk section through all private drive approaches) shall be constructed in all developments on all public and private street frontages, except for alleys. The requirements of the city design standards and specifications policy and the city modifications to state public works standard specifications shall apply. B. Sidewalks adjacent to public lands. The developer shall install sidewalks adjacent to public lands, including, but not limited to, parks, open space, and the intersection of alleys and streets or street easements. C. Timing. The following requirements regarding the timing of the installation of sidewalks shall apply: 1. For subdivision improvements, please refer to subsection 38.270.030.B.2. 2. For site development improvements, sidewalks shall be installed prior to issuance of an occupancy permit, or shall be subject to an approved improvements agreement and financially guaranteed, as specified in division 38.270 of this chapter. (Ord. No. 1645, § 18.44.080, 8-15-2005; Ord. No. 1693, § 14(18.44.080), 2-20-2007) 141 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 136 July 29, 2016 development code redesign.docx Sec. 38.400.090. - Access. (38.24.090) A. General. All final site plans and plats shall contain a statement requiring lot accesses to be built to the standard contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications. 1. Lot access standards. The drive approach shall be constructed in accordance with the city's standard approach, which includes a concrete apron, sidewalk section and drop-curb. a. A city curb cut and sidewalk permit must be obtained from the engineering department prior to installation of the approach. 2. Access shall comply with any city-adopted International Fire Code. B. Drive access from improved public street, approved private street or alley required. 1. For purposes of this Code, "improved" public street, approved private street, or alley means and includes: a. Any street or alley within the city constructed to a standard which meets or exceeds standards established by this chapter, the city design standards and specifications policy, and the city modifications to state public works standard specifications; b. Constructed public streets which may not meet current city standards but which are constructed to a standard that has historically provided an adequate level of service to adjacent properties, which level of service would not be degraded as a result of a pending development proposal. 2. Unless otherwise allowed by this chapter, all lots shall be provided with legal and physical access via one of the following options: a. 25 feet of frontage on a public or approved private street; b. 25 feet of frontage on a public or approved private street and an improved alley; or c. 25 feet of frontage on an improved alley and a greenway corridor or trail corridor with public access. This option may require additional improvements to the alley to accommodate emergency access, snow removal and storage, and the provision of utilities. The alley may also require signage for the provision of emergency services. C. Drive access requirements. 1. Drive accesses are required for commercial parking lots and parking lots for residential developments subject to the site plan review procedures of division 38.230 of this chapter. Parking areas for residential developments subject to the sketch plan review procedures of section 38.230.050, may take access directly from an improved public street, approved private street or improved alley as defined in subsection B.1 of this section with access provided according to the provisions of this section and subsection 38.540.020.D. 2. All drive accesses installed, altered, changed, replaced or extended shall comply with the following requirements: a. Residential. (1) Residential lots shall not have direct access to arterials or collectors, unless the standards contained in Table38.400.090-3 are complied with; (2) Single-household drive access openings shall not exceed 24 feet in width measured at the right-of-way line and 34 feet in width measured at the curbline. All residential 142 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 137 July 29, 2016 development code redesign.docx complexes for fewer than five households are considered single-household residences for the purpose of this section; (3) Adjoining accesses for townhouses shall not exceed a combined total of 40 feet in width measured at the right-of-way line. Townhouses with physical separation between drive accesses shall be reviewed as single-household drive access. For the purposes of this section, physical separation means a landscaped area greater than or equal to ten feet in width between paved areas and extending from the front line of the building to the right-of-way line; and (4) Residential complexes with five or more dwelling units shall be considered commercial (nonresidential) establishments for the purpose of subsection 38.400.090.C, except that separated parking facilities for individual townhouse units shall be considered the same as single-household parking facilities. Figure 38.400.090 C.2.a. Residential access b. Nonresidential. (1) Commercial drive access widths shall be a maximum of 35 feet measured at the inside edge of the drive access extended, at its intersection with the projected curbline of the intersecting street. Two-way drive access shall be a minimum of 24 feet and one-way drive access shall be a minimum of 16 feet. (2) Industrial drive access widths shall be a maximum of 40 feet measured at the inside edge of the drive access extended, at its intersection with the projected curbline of the intersecting street. Two-way drive accesses shall be a minimum of 24 feet and one-way drive accesses shall be a minimum of 16 feet. 143 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 138 July 29, 2016 development code redesign.docx Figure 38.400.090 C.2.b. Commercial and industrial accesses c. Drive accesses for all multiple tenant commercial buildings or complexes/centers, or industrial drive accesses shall be set back a minimum of 20 feet from the adjacent property line unless such drive access is approved as a shared drive access. d. Drive accesses to drive-in theaters, stadiums, racetracks, funeral homes or uses generating very heavy periodic traffic conflicts shall be located not closer than 200 feet to any pedestrian or vehicular entrance or exit to a school, college, university, church, hospital, public emergency shelter or other place of public assembly. e. All commercial and industrial drive accesses on arterial streets shall have 15-foot return radii unless otherwise approved by the review authority. All commercial and industrial drive accesses on other streets may have either return radii or depressed curbs. The minimum radius allowed is four feet. D. Spacing standards for drive accesses. 1. General. a. Consolidation of access points onto public streets, to achieve a distance between access points in excess of the minimum standards in this section, is desired and shall be considered during all levels of site plan review. b. For the purposes of this section public or private access means any street, alley, driveway or other point of vehicular access to a publicly controlled street. c. The distance between public and/or private accesses on a public street shall be measured between the right-of-way line for public accesses and the nearest inside edges of private accesses according to the following distances specified in subsections D.2 and 3 of this section. d. Subsection D of this section does not apply to single-household, duplex or triplex structures on individual lots. 144 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 139 July 29, 2016 development code redesign.docx Figure 38.400.090 D. Spacing standards for drive accesses 2. Standards for development approved before July 10, 2002. The provisions of this section apply to development proposals receiving preliminary approval by the final decision making body prior to July 10, 2002. a. Distance from intersection. Public or private access distance from street intersections shall be subject to the following minimum dimensions: Table 38.400.090-1 Access Located on Arterial Streets Access Located on Collector Streets Access Located on Local Streets Distances from Intersection Distances from Intersection Distances from Intersection Nearest Intersecting Street Residential District Commercial/ Industrial District Residential District Commercial/ Industrial District Residential District Commercial/ Industrial District Arterial 150' 200' 100' 150' 40' 100' Collector 150' 150' 40' 150' 40' 80' Local 100' 150' 40' 100' 40' 80' Note: All distances shall be measured from the inside edge of the access, extended at its intersection with the projected curbline of the intersecting street, to the right-of-way line, along the street frontage right-of-way line. See Figure 38.400.030. b. Distance between public and/or private accesses standards. The distance between public and/or private accesses shall be subject to the following minimum dimensions: 145 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 140 July 29, 2016 development code redesign.docx Table 38.400.090-2 Access Located on Arterial Streets Access Located on Collector Streets Access Located on Local Streets Minimum Spacing Residential District Commercial/ Industrial District Residential District Commercial/ Industrial District Residential District Commercial/ Industrial District Partial access1 80' 150' 60' 80' 40' 60' Full access2 100' 150' 100' 150' 40' 80' Minimum separation 60' 100' 60' 80' 40' 60 1Partial access includes right turn in and out only. 2 Full access allows all turn movements, in and out. 3. Standards for development approved after July 10, 2002. This section shall apply to all development receiving preliminary approval after July 10, 2002. These standards apply to the minimum distance between public and/or private accesses and intersections, and the minimum distance between public and/or private accesses and other public and/or private accesses. Table 38.400.090-3 Access Located on Arterial Streets Access Located on Collector Streets Access Located on Local Streets Average Spacing In All Districts In All Districts In All Districts Partial access1 315' 150' 40'3 Full access2 660' 330' 40'3 Minimum separation 315' 150' 40' 1Partial access includes right turn in and out only. 2 Full access allows all turn movements, in and out. 3Accesses on local streets shall be at least 150 feet from an intersection with an arterial. E. Number and location of drive accesses. 1. Single-household uses shall be limited to one drive access per street face, except on properties abutting arterial streets in which case shared accesses, or driveways facilitating the turning of automobiles on-site, shall be required. 2. Notwithstanding any other provisions of this chapter, drive accesses may not be located closer than five feet to any side property line, unless shared access, as defined in section 38.700, with the adjoining property is approved. This standard does not apply to the shared side property line of townhouses units with adjacent garages using attached driveways. 146 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 141 July 29, 2016 development code redesign.docx F. Shared drive access. The city desires and encourages sharing access drives, as defined in article 7 of this chapter, between separate parcels. G. Access approval required. All drive accesses shall be approved by the review authority for width and location. H. Modifications of property access standards. 1. Some of the standards listed in subsections C through E of this section, may be relaxed by the review authority if it is shown during the development review process that more efficient design can be accomplished without jeopardizing the public's health, safety and welfare, the intent of this chapter, or the intent of the city's growth policy. 2. Modifications from access standards shall be approved at the discretion of the review authority. 3. Commercial developments (including residential complexes for five or more households) which may not be able to meet the requirements of subsections C through E of this section, and are requesting modifications from the standards, shall submit to the city engineer a report certified by a professional engineer addressing the following site conditions, both present and future: a. Traffic volumes; b. Turning movements; c. Traffic controls; d. Site design; e. Sight distances; and f. Location and alignment of other access points. 4. Based upon the above data, the review authority shall determine whether a modification from the required standards is justified and, if so, what alternative requirements will be necessary. (Ord. No. 1645, § 18.44.090, 8-15-2005; Ord. No. 1693, § 14(18.44.090), 2-20-2007; Ord. No. 1828, §§ 57, 58, 9-10-2012) Sec. 38.400.100. - Street vision triangle. (38.24.100) A. Arterial streets. On corner lots on arterial streets in all districts, no fence, wall or planting in excess of 30 inches above the street centerline grade shall be permitted within a triangular area defined as follows: beginning at the intersection of the projected curblines of the two intersection streets, thence 50 feet along one curbline, thence diagonally to the point 50 feet from the point of beginning on the other curblines, then to the point of beginning. B. Collector and local streets. On corner lots, on collector and local streets, in all districts, no fence, wall or planting in excess of 30 inches above the street centerline grades shall be permitted within a triangular area defined as follows: beginning at the intersection of the projected curblines of two intersecting streets, thence 40 feet along one curbline, thence diagonally to a point 40 feet from the point of beginning on the other curbline, then to the point of beginning. C. Driveways and alleys. At the intersection of each driveway or alley with a street, no fence, wall or planting in excess of 30 inches above the street centerline grade shall be permitted within a triangular area where corners are defined by two points on the right-of-way line, 15 feet on each side of the centerline of the driveway or alley and a point on centerline ten feet outside the right-of- way. Any driveway or alley wider than 30 feet curb to curb at the right-of-way line shall use the vision triangle standard for local streets when intersecting local, collector, or arterial streets. 147 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 142 July 29, 2016 development code redesign.docx D. Provision for trees in street vision triangle. 1. Single-stem canopy trees are discouraged but may be permitted in street vision triangles as described in this section, provided that mature trees do not significantly affect safe driving conditions and are maintained such that no canopy foliage exists below a height of ten feet above centerline of intersecting streets. 2. Trees which are located in the street vision triangle and which preexisted the adoption of the ordinance from which this chapter is derived may be allowed to remain, provided the trees are trimmed such that no limbs or foliage exist below a height of ten feet above centerline grades of intersecting streets. Figure 38.400.100 Street vision triangles (Ord. No. 1645, § 18.44.100, 8-15-2005; Ord. No. 1693, § 14(18.44.100), 2-20-2007) Sec. 38.400.110. - Transportation pathways. (38.24.110) A. General. Developers shall install pathways in accordance with this chapter, the growth policy, the most recently adopted long-range transportation plan, any adopted citywide park plan, and any adopted individual park master plan, and shall comply with City of Bozeman Design Specifications. See also sections 38.410.100, 38.420.070 and 38.420.110. B. Pathway categories. The development review committee (DRC) shall be responsible for determining whether a pathway is a transportation pathway or a recreation pathway. For subdivision and planned unit development proposals, this determination shall be made during the preapplication process. 1. Transportation pathways. Developers shall install transportation pathways, to provide adequate multimodal transportation facilities within the development, as part of the required development improvements. Transportation pathways shall be ADA accessible, and include the following types of facilities: a. Sidewalks; b. On-street bike lanes and bike routes; c. Boulevard trails; and d. Class I trails; 148 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 143 July 29, 2016 development code redesign.docx (1) With the exception of trail corridors within required watercourse setbacks, corridors for Class I trails shall be dedicated to the city. The dedicated trail corridor shall be at least 25 feet in width to ensure adequate room for the construction, maintenance and use of the trail. Transportation trail corridors cannot be used to satisfy park land dedication requirements; e. Pathways that connect community or neighborhood commercial nodes by a reasonably direct route; or f. Pathways that connect major residential, employment, educational, or other service nodes by a reasonably direct route. 2. Recreation pathways. For the definition of recreation pathways, please see subsection 38.420.110.B. C. Related facilities. If pathways are proposed or required, stream crossings and other similar improvements, where necessary, shall be installed. Bridge design and construction shall comply with city specifications and standards, and shall be submitted to the planning department for review and approval. Any necessary permits for bridges shall be obtained by the developer from the appropriate agency prior to installation of the stream crossings. D. Trail requirements. The class of the trail shall be determined by the review authority, and the trail shall be designed and constructed according to any adopted park or recreation plan or other city specifications and standards. Trails and bridges must meet Americans with Disabilities Act (ADA) specifications for recreational facilities and maintain a natural appearance. Trail plans and specifications shall be submitted to the planning and parks departments for review and approval prior to installation. E. Bikeways and boulevard trails. Wherever new streets are to be developed as a result of a development proposal, or wherever existing streets or roads are required to be improved, the developer may be required to incorporate striped bicycle lanes along the shoulder, meeting current AASHTO standards, into the design and construction or improvement of the streets or roads. The decision to install a boulevard trail instead of a bike lane shall be based on the most recently adopted long-range transportation plan. The review authority may consider exceptions based on the particular characteristics of a transportation corridor and recommendations from the DRC and the Bozeman Area Bicycle Advisory Board. Boulevard trails and bike lanes shall be designed and constructed in accordance with the most recently adopted long-range transportation plan, and any other applicable city specifications and standards. F. Pathway maintenance. Trails within and adjacent to the proposed development, as well as off-street pathways (i.e., sidewalks and boulevard trails) along external development streets, shall be maintained (including snow removal) in accordance with an approved maintenance plan by the developer until 50 percent of the lots within the development are sold. Thereafter the property owners' association shall be responsible for maintenance. The property owners' association may establish an improvement district to collect assessments to pay for the maintenance. G. Pathway easements. Where pathways cross private land or common open space, the proper public access easements shall be provided. Public access easements for pathways shall be at least 25 feet wide. H. Trails in required watercourse setbacks. Trail corridors within required watercourse setbacks shall not be dedicated to the city, and such land may not be used to satisfy park land dedication requirements. When publicly accessible trails are established within required watercourse setbacks, public access easements at least 25 feet in width shall be provided to ensure adequate room for the construction, maintenance and use of the trail. 149 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 144 July 29, 2016 development code redesign.docx I. Corridors. Corridors for transportation pathways shall not be used to satisfy park land dedication requirements. (Ord. No. 1645, § 18.44.110, 8-15-2005; Ord. No. 1693, § 14(18.44.110), 2-20-2007; Ord. No. 1796, § 6, 1-3-2011; Ord. No. 1828, § 59, 9-10-2012) Sec. 38.400.120. - Public transportation. (38.24.120) A. Street design. All interior and exterior development streets that are designated as transit routes shall be designed to accommodate transit vehicles and facilities. Transit considerations for street design include but are not limited to: 1. Pavement design; 2. Lane width; 3. Corner radii; 4. Street grade; 5. Curb height; and 6. Right-of-way width. B. Other transit considerations. Developments with designated transit routes shall be designed with consideration to the following requirements: 1. Spacing of transit stops. All lots within the development shall be not further than one-half mile from a designated transit route; 2. Length of transit stops. Developments shall be designed to accommodate a bus length of at least 90 feet on designated transit routes; 3. Distance from intersection. Transit stops shall be at least five feet from pedestrian crosswalks or the end of corner radii; 4. Driveway conflicts. Lots and lot accesses shall be configured to avoid conflicts with transit stops; and 5. Lighting. Subdivision street lighting shall be configured to provide adequate lighting at transit stops. C. Transit facilities. If any streets on the interior or exterior of the development are designated as transit routes, the review authority may require the developer to provide transit facilities such as transit stop signage, benches, bike racks, lighting and bus shelters. (Ord. No. 1645, § 18.44.120, 8-15-2005; Ord. No. 1693, § 14(18.44.120), 2-20-2007; Ord. No. 1828, § 60, 9-10-2012) 150 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 145 July 29, 2016 development code redesign.docx 38.410 Community design & elements (Article 23) Sec. 38.410.010. - General standards. (38.23.010) A. Conformance. The design and development of all land uses shall conform to this chapter, adopted growth policies, any relevant adopted neighborhood or subarea plan, and other resolutions and regulations, including any and all amendments thereto. B. Natural environment. The design and development of all land uses shall be properly related to topography, and should, to the extent possible, preserve the natural terrain, natural drainage, existing topsoil, trees and other existing vegetation. C. Lands unsuitable for development. Land which the city has found to be unsuitable for development because of potential hazards such as flooding, land slides, excessive slope, rock falls, subsidence, high water table, presence of wetlands; or because of unreasonable burdens on the general public such as requirements for the excessive expenditure of public funds, environmental degradation, or congestion in the streets or roads shall not be used for building or residential purposes unless the hazards or excessive public burdens are eliminated or will be overcome by appropriate design and construction plans. Slopes of 25 percent or greater shall be presumed unbuildable unless provided otherwise by the developer. (Ord. No. 1645, § 18.42.010, 8-15-2005; Ord. No. 1693, § 13(18.42.010), 2-20-2007; Ord. No. 1709, § 12(18.42.010), 7-16- 2007; Ord. No. 1761, exh. H(18.42.010), 7-6-2009; Ord. No. 1769, exh. G(18.42.010), 12-28-2009; Ord. No. 1828, § 46, 9-10- 2012) Sec. 38.410.020. - Neighborhood centers. (38.23.020) A. To provide a neighborhood focal point, all residential subdivisions or planned unit developments, that are ten net acres in size or greater, shall have a neighborhood center. Developments may be exempted from this requirement if every lot within the development is within one-half mile of an existing neighborhood center. Generally, the center shall be no less than one acre in size. The center shall be comprised of a park, square, green, plaza, transit stop, neighborhood commercial center, civic use or any combination of these. The following requirements shall apply to all neighborhood centers: 1. The geographic center point of the neighborhood center shall be no further than 600 feet from the geographic center point of the development. This requirement may be waived in the following circumstances: a. The development would create parcels that are all nonresidential; b. The center is a neighborhood commercial center or is adjacent to a neighborhood commercial center; c. The site is constrained by the presence of critical lands; d. The site is part of an approved subarea plan that shows the center in a different location; or e. The topography of the site presents physical constraints on the property. 2. With the exception of civic and neighborhood commercial center uses, the developer shall be responsible for installing all center-related improvements as part of the required development improvements. Improvements shall be installed with each phase when a multi-phase project is developed. Required improvements shall be based on the definition of each feature found in article 7 of this chapter, and/or city standards. 151 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 146 July 29, 2016 development code redesign.docx 3. The neighborhood center shall have frontage along 100 percent of its perimeter on public or private streets or roads. The city may consider and approve the installation of streets along less than 100 percent, but not less than 50 percent, of the perimeter in accordance with section 38.420.060. 4. With the exception of civic and neighborhood commercial center buildings and grounds, the center shall be considered a common area to be owned and maintained by the property owners or a property owners association. The property owners association could establish an improvement district to collect assessments to pay for the maintenance. 5. Areas within neighborhood centers used for park, square, green and/or square, that meet the following criteria, may count towards park land dedication requirements subject to review and approval by the review authority, after receiving a recommendation from the city recreation and parks advisory board: a. The area is predominantly open space with enhanced natural features, but may contain amenities such as sidewalks, seating, drinking and ornamental fountains and public art; and b. The area provides active and/or passive recreation opportunities. 6. The neighborhood center may be used for limited stormwater retention/detention facilities if reviewed and approved by the review authority. However, any part of the center used for stormwater management shall not count towards park dedication requirements. (Ord. No. 1645, § 18.42.020, 8-15-2005; Ord. No. 1693, § 13(18.42.020), 2-20-2007; Ord. No. 1709, § 12(18.42.020), 7-16- 2007; Ord. No. 1761, exh. H(18.42.020), 7-6-2009; Ord. No. 1769, exh. G(18.42.020), 12-28-2009; Ord. No. 1828, §§ 47, 48, 9- 10-2012) Sec. 38.410.030. - Lot. (38.23.030) A. Dimensions and orientation. Lot size, width, shape and orientation shall be appropriate for the location and contemplated use of the development. In residential developments, a variety of lot sizes shall be provided to facilitate housing diversity and choice, and to meet the projected requirements of people with different housing needs. Lot designs with irregular shapes, narrow necks, points and flag shapes shall be permitted only when the developer can demonstrate that the proposed lot designs are necessary due to topography or other physical constraints. Each lot shall contain a satisfactory building site adequate for the uses permitted in its zoning district. Each lot shall conform to this chapter, any growth policies, any relevant neighborhood or subarea plan, where officially adopted, and to any applicable regulations of the state department of environmental quality. B. Division by rights-of-way. No single lot shall be divided by a public street, alley, or public or private utility right-of-way or easement, which would reduce the amount of buildable land to less than the minimum lot size required by this chapter for the applicable zoning district. C. Double/through and reverse frontage. Double/through frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from arterial streets; to provide access to development adjacent to limited access streets; to overcome topography or other physical conditions; or to overcome specific disadvantages of existing design and orientation. Lots fronting on a street and an alley shall not be considered double/through or reverse frontage lots. D. Corner lots. Corner lots shall have sufficient width to permit appropriate building setbacks from both streets and provide acceptable visibility for traffic safety. 152 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 147 July 29, 2016 development code redesign.docx 1. Generally, homes on corner lots shall have the same orientation as homes on lots on the interior of the block, unless otherwise approved through an overall development plan. Covenants shall contain information regarding the orientation for all corner lots. E. Width. Lots shall have a width sufficient to allow normal construction without the construction encroaching on property lines, and shall comply with the building setback requirements of this chapter. F. Depth. Except for individual lots for individual townhomes, lots used to meet the requirements of chapter 38, division 38.380, for lots serviced by an alley, or when necessitated by physical features of the land of this section, no lot shall have an average depth greater than three times its average width. G. Side lot lines. Side lot lines shall be at substantially right angles to street or road lines and radial to curved street or road lines. H. Frontage. Unless otherwise allowed by this chapter, all lots will have frontage in compliance with subsection 38.400.090.B to provide, among other things, adequate room for snow removal, lot access and utility easements. I. Civic uses. If lots are reserved or identified for civic uses, these lots must be prominent sites at the termination of street vistas, or in the neighborhood center. J. Exceptions. Commonly owned lots used for accessory uses (i.e., stormwater management, open space, utilities) are exempt from the provisions of this section. (Ord. No. 1645, § 18.42.030, 8-15-2005; Ord. No. 1693, § 13(18.42.030), 2-20-2007; Ord. No. 1709, § 12(18.42.030), 7-16- 2007; Ord. No. 1761, exh. H(18.42.030), 7-6-2009; Ord. No. 1769, exh. G(18.42.030), 12-28-2009; Ord. No. 1830, § 20, 9-24- 2012) Sec. 38.410.040. - Blocks. (38.23.040) A. Size and orientation. Blocks shall be designed to ensure a high level of multimodal connectivity, traffic safety, and ease of traffic control and circulation; to accommodate the special needs of the use contemplated; and to take advantage of the limitations and opportunities of the topography. B. Block length. Block length shall not be designed, unless otherwise impractical, to be more than 400 feet in length or less than 300 feet in length. Block lengths can be longer than 400 feet if necessary due to topography, the presence of critical lands, access control, or adjacency to existing parks or open space. In no case shall a block exceed 1,320 feet in length. C. Block width. Blocks shall not be less than 200 feet or more than 400 feet in width, except where essential to provide separation of residential development from a traffic arterial or to overcome specific disadvantages of topography and orientation. D. Rights-of-way for pedestrians. Rights-of-way for pedestrian walks, not less than ten feet wide, shall be required where deemed necessary to provide circulation or access to parks, open space, schools, playgrounds, shopping centers, transportation, and other community facilities. In addition, no continuous length of block shall exceed 600 feet without intersecting a street or pedestrian walk. Pedestrian walks shall also be installed at the end of culs-de-sac where deemed appropriate. 1. Yards adjacent to pedestrian rights-of-way less than 30 feet wide shall be treated as corner side yards. Yards adjacent to pedestrian rights-of-way 30 feet wide or greater shall be treated as side yards; 153 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 148 July 29, 2016 development code redesign.docx 2. The pedestrian walks shall be maintained by the adjacent property owner or by the property owners association. The party responsible for maintenance of pedestrian walks shall be identified in the preliminary plat application; and 3. Pedestrian walks shall be constructed as a city standard sidewalk, and the provisions of section 38.400.080 shall apply. E. Developments which have clearly delineated blocks shall use block numbers or letters, and each block shall contain its own grouping of lot numbers. Figure 38.410.040 Blocks (Ord. No. 1645, § 18.42.040, 8-15-2005; Ord. No. 1693, § 13(18.42.040), 2-20-2007; Ord. No. 1709, § 12(18.42.040), 7-16- 2007; Ord. No. 1761, exh. H(18.42.040), 7-6-2009; Ord. No. 1769, exh. G(18.42.040), 12-28-2009) Sec. 38.410.050. - Utilities. (38.23.050) A. Utilities shall be placed underground, wherever technically and economically feasible. Underground utilities, if placed in a street right-of-way, shall be installed after the street has been brought to grade and before it is surfaced. B. If overhead utility lines are used, they shall be located at the rear property line. C. Utility facilities shall be designed by utility firms in cooperation with the developer. The facilities are subject to all applicable laws, rules and regulations of the appropriate regulatory authorities. D. The developer shall provide adequate and appropriate utility easements in compliance with section 38.410.060. (Ord. No. 1645, § 18.42.050, 8-15-2005; Ord. No. 1693, § 13(18.42.050), 2-20-2007; Ord. No. 1709, § 12(18.42.050), 7-16- 2007; Ord. No. 1761, exh. H(18.42.050), 7-6-2009; Ord. No. 1769, exh. G(18.42.050), 12-28-2009) Sec. 38.410.060. - Easements. (38.23.060) A. Required easements. Where determined to be necessary, public and/or private easements shall be provided for private and public utilities, drainage, vehicular or pedestrian access, etc. 154 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 149 July 29, 2016 development code redesign.docx 1. In subdivisions, all easements shall be described, dimensioned and shown on the final plat in their true and correct location. 2. In all other developments, the proper easements documents shall be prepared for review and approval by the city, and filed at the county clerk and recorder's office. The easement documents shall be accompanied by an exhibit indicating the dimensions, and true and correct location, of all easements. 3. No lot shall be encumbered by a public or private utility easement in a way that would decrease the amount of buildable land to less than the area required by this chapter for the applicable zoning district. B. Private utility easements. Private utilities include, but are not limited to, natural gas, electricity, telephone, cable and fiber optic lines. The developer shall provide private utility easements necessary to extend private utilities to the development, and to provide for the construction and maintenance of private utilities within the development. 1. General. a. Building setbacks shall be coordinated with all provided utility easements. If a utility easement will be greater than the building setback required by this chapter, a note to that effect shall be placed on the final plat and/or final site plan as appropriate. b. Where a utility easement is to be located in an existing, dedicated right-of-way, an encroachment permit must be obtained from the local or state street or road department having jurisdiction. c. If placed in a city right-of-way, easements shall be in a location required by and agreed upon in writing by all of the appropriate utility companies and the review authority. 2. Easement size. a. Front yard utility easements. Front yard utility easements shall be ten feet wide, and shall always be provided unless written confirmation is submitted to the planning department from all utility companies providing service indicating that front yard easements are not needed. b. Rear yard utility easements. The provision of rear yard utility easements is not mandatory unless they are required by any or all of the utility companies to adequately serve the development. If provided, rear yard utility easements on each lot shall be six feet wide if adjacent to a public alley and ten feet if not adjacent to a public alley. c. Side yard utility easements. The provision of side yard utility easements is not mandatory unless they are required by any or all of the utility companies to adequately serve the development. If provided, the width of the side yard utility easement shall be determined on a case-by-case basis based on the needs of the utility companies. 3. Private utility plans. a. When the concurrent construction option will be used, based on the provisions of subsection 38.270.030.D, private utility plans shall be included with the preliminary PUD submittal. b. Private utility plans shall be provided with any plans and specifications submittals for the construction of new water, sewer or street infrastructure as specified in the city's design standards and specifications policy. 4. No building shall be constructed that encroaches on a private utility easement unless written approval from all utility companies is provided to the planning department. 155 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 150 July 29, 2016 development code redesign.docx C. Public utility easements. Public utilities include water, sewer and stormwater facilities that are dedicated to and maintained by the city. 1. A public utility easement shall be granted for all public utility mains not located within public street right-of-way. An easement shall be at least 30 feet wide for either one or two utility mains. An additional ten feet of width is required for each additional main that occupies the easement. Wider easements may be required at the discretion of the city for large utility lines. 2. Public utility easements shall be provided for all meter pits and fire hydrants maintained by the city. 3. No permanent structures shall be placed within public utility easements unless an encroachment permit has been obtained from the city. D. Easements for agricultural water user facilities. 1. Except as noted in subsection D.2 of this section, the developer shall establish appropriate irrigation facility easements that: a. Are in locations of appropriate topographic characteristics and sufficient width to allow the physical placement and unobstructed maintenance of active open ditches or below ground pipelines. The easement shall facilitate the delivery of water for irrigation to persons and lands legally entitled to the water under an appropriated water right or permit of an irrigation district or other private or public entity formed to provide for the use of the water right; (1) The easements shall ensure the conveyance of irrigation water through the land to be developed to lands adjacent to or beyond the development's boundaries in quantities and in a manner that are consistent with historic and legal rights; and (2) A minimum easement width of ten feet is required on each side of irrigation canals and ditches. b. Are a sufficient distance from the centerline of the irrigation facility to allow for construction, repair, maintenance and inspection of the ditch or pipeline; and c. Prohibit the placement of structures or the planting of vegetation other than grass within the irrigation facility easement without the written permission of the facility owner. 2. The developer need not establish irrigation facility easements as provided above if the following provisions were met or will be met via the subdivision process: a. The average lot size is one acre or less and the subdivider provides for disclosure, in a manner acceptable to the review authority, that adequately notifies potential buyers of lots that are classified as irrigated land and may continue to be assessed for irrigation water delivery even though the water may not be deliverable; or b. The water rights are removed or the process has been initiated to remove the water rights from the subdivided land. If the water rights have been or will be removed from the land within the development it shall be denoted on the preliminary plat. If removal of water rights is not complete upon filing of the final plat, the subdivider shall provide written notification to prospective buyers of the intent to remove the water right and shall document that intent, when applicable, in agreements and legal documents for related sales transactions. 3. The realignment or relocation of active irrigation ditches or pipelines is discouraged. If an irrigation facility or points of diversions thereon are proposed to be realigned or relocated, the developer's professional engineer shall certify, prior to final plat or final plan approval, that the 156 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 151 July 29, 2016 development code redesign.docx water entering and exiting the realigned or relocated irrigation facility is the same quality and amount of water that entered or exited the facility prior to realignment or relocation. 4. Stormwater from a development shall not be discharged to an irrigation facility. 5. As land is converted from agricultural to urban uses, and irrigation ditches are no longer in use, the ditches shall be abandoned and filled. E. Other easements. Public access easements for streets and trails shall be provided in accordance with the provisions of divisions 38.240 and 420 of this chapter. (Ord. No. 1645, § 18.42.060, 8-15-2005; Ord. No. 1693, § 13(18.42.060), 2-20-2007; Ord. No. 1709, § 12(18.42.060), 7-16- 2007; Ord. No. 1761, exh. H(18.42.060), 7-6-2009; Ord. No. 1769, exh. G(18.42.060), 12-28-2009; Ord. No. 1828, §§ 49, 50, 9- 10-2012) Sec. 38.410.070. - Municipal water, sanitary sewer and storm sewer systems. (38.23.070) A. General. All municipal water supply, sanitary sewer and storm sewer system facilities shall comply with the following requirements: 1. The developer shall install complete municipal water and sanitary sewer system facilities, or a system allowed by subsection 38.320.060.D, and may be required by the city to install municipal storm sewer system facilities. These systems shall be installed in accordance with the requirements of the state department of environmental quality and the city, and shall conform with any applicable facilities plan. The city's requirements are contained in the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications, and by this reference these standards are incorporated into and made a part of these regulations. The developer shall submit plans and specifications for the proposed facilities to the city and to the state department of environmental quality and shall obtain their approvals prior to commencing construction of any municipal water, sanitary sewer or storm sewer system facilities. 2. The cutting of any city street shall be done in compliance with the city's street cut policy. 3. When a proposed development adjoins undeveloped land, and municipal infrastructure mains would reasonably pass through the new development to the undeveloped land, municipal infrastructure mains shall be arranged to allow the suitable development of the adjoining undeveloped land. Municipal infrastructure mains within the proposed development shall be constructed to the boundary lines of the tract to be developed, unless prevented by topography or other physical conditions. An exception to this standard may be granted upon written request of the applicant, if the applicant demonstrates during the development review process that more efficient design can be accomplished without jeopardizing the public's health, safety and welfare, the intent of this chapter, or the intent of the city's growth policy. B. Municipal water supply system; additional requirements. Municipal water supply system facilities shall also comply with the following requirements: 1. When the city's municipal water main is extended, the length of a dead-end water main typically shall not exceed 500 feet in length, unless approved in writing by the city. 2. The length of service lines from the main to the structure may not exceed 150 feet in length, unless approved in writing by the city. 157 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 152 July 29, 2016 development code redesign.docx (Ord. No. 1645, § 18.42.070, 8-15-2005; Ord. No. 1693, § 13(18.42.070), 2-20-2007; Ord. No. 1709, § 12(18.42.070), 7-16- 2007; Ord. No. 1761, exh. H(18.42.070), 7-6-2009; Ord. No. 1769, exh. G(18.42.070), 12-28-2009; Ord. No. 1796, § 1, 1-3- 2011; Ord. No. 1828, § 51, 9-10-2012) Sec. 38.410.080. - Grading and drainage. (38.23.080) A. The developer shall install complete drainage facilities in accordance with the requirements of the state department of environmental quality and the city, and shall conform to any applicable facilities plan and the terms of any approved site specific stormwater control plan. The city's requirements are contained in the design standards and specifications policy and the city modifications to state public works standard specifications, and by this reference these standards are incorporated into and made a part of these regulations. The developer shall submit plans and specifications to the city and to the state department of environmental quality (if applicable), and shall obtain their approvals prior to commencing construction of any drainage system facilities. B. Provisions shall be made for the control and drainage of surface water around buildings. Generally, all lots and street boulevard areas shall be graded no lower than the back of curb or level of street, whichever is applicable, prior to final plat or final occupancy approval as appropriate. Exceptions may be granted by the city when adequate drainage facilities are provided. All drainage plans shall comply with the requirements of the International Building Code and International Residential Code as adopted by the city, and by this reference these standards are incorporated into and made a part of these regulations. C. Drainage systems shall not discharge into any sanitary sewer facility or agricultural water user facility. D. Stormwater retention or detention ponds may be located within public park land, but such areas shall not count towards the park land dedication requirement. Any stormwater ponds located on park land shall be designed, constructed and/or added to so as to be conducive to the normal use and maintenance of the park. Stormwater ponds serving multiple lots in separate ownership shall not be located on private lots or public right-of-way. Stormwater retention or detention ponds shall be maintained by the property owners association. E. The city may require the developer to establish easements or other perpetual controls to prevent encroachment or disruption of drainageways or facilities. F. Stormwater facilities shall generally not occupy more than one-third of a required front yard. G. All finish grades in landscaped areas shall comply with the provisions set forth in subsection 38.550.050.L. H. Stormwater retention/detention facilities in landscaped areas shall be designed as landscape amenities. They shall be an organic feature with a natural, curvilinear shape. The facilities shall have 75 percent of surface area covered with live vegetation appropriate for the depth and design of the retention/detention facility, and be lined with native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to create a functional yet, natural site feature. A cross section and landscape detail of each facility shall be submitted with the final landscape plan for review and approval. Facilities with a slope up to and including ten percent grade may be grassed and irrigated to blend into the adjacent landscaped area. (Ord. No. 1645, § 18.42.080, 8-15-2005; Ord. No. 1693, § 13(18.42.080), 2-20-2007; Ord. No. 1709, § 12(18.42.080), 7-16- 2007; Ord. No. 1761, exh. H(18.42.080), 7-6-2009; Ord. No. 1769, exh. G(18.42.080), 12-28-2009; Ord. No. 1828, § 52, 9-10- 2012) 158 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 153 July 29, 2016 development code redesign.docx Sec. 38.410.090. - Fire protection requirements. (38.23.090) A. All developments shall be planned, designed, constructed and maintained so as to minimize risk of fire and to permit the effective and efficient suppression of fires in order to protect persons and property. 1. The placement of structures shall minimize the potential for flame spread and permit adequate access for firefighting equipment; and 2. Adequate firefighting facilities shall be provided, including an adequate and accessible water supply and water distribution system. a. National Fire Protection Association (NFPA) standards for hydrant systems shall be met. b. City's requirements as contained in the design standards and specifications policy and the city modifications to state public works standard specifications shall apply. (Ord. No. 1645, § 18.42.090, 8-15-2005; Ord. No. 1693, § 13(18.42.090), 2-20-2007; Ord. No. 1709, § 12(18.42.090), 7-16- 2007; Ord. No. 1761, exh. H(18.42.090), 7-6-2009; Ord. No. 1769, exh. G(18.42.090), 12-28-2009) Sec. 38.410.100. - Watercourse setback. (38.23.100) A. Where a development is crossed by or is adjacent to a watercourse, the developer shall mitigate the impacts of the development on the watercourse. This mitigation may not be less restrictive than the requirements of the city floodplain regulations or any other applicable regulation of this chapter. The purpose of this mitigation is bank stabilization; sediment, nutrient and pollution removal; and flood control. 1. Setback for developments granted preliminary plan or plat approval prior to July 10, 2002. These provisions shall apply to all developments granted preliminary plan or plat approval prior to July 10, 2002, including applicable subdivision exemptions: a. Setbacks. A minimum 100-foot setback shall be provided along both sides of the East Gallatin River. A minimum 35-foot setback shall be provided along both sides of all other watercourses. (1) A portion of the required setback, immediately adjacent to the ordinary high water mark, shall be left in a natural vegetative state as follows: (a) East Gallatin River — 50 feet. (b) Other watercourses — five feet. (2) No fence, residential or commercial structure, fill material, parking or other similar improvements shall be located within required watercourse setbacks. (3) All watercourse setbacks shall be measured from the ordinary high water mark as defined in article 7. When no ordinary high water mark is discernible, setbacks shall be measured from the top of the streambank. 2. Setbacks for developments granted preliminary plan or plat approval on or after July 10, 2002. These provisions shall apply to all developments granted preliminary plat or plan approval on or after July 10, 2002. a. In the event a site with an existing development, that is subject to subsection 1 of this section, is submitted to the city for a review subject to divisions 38.230, 430 and 270 of this chapter after July 10, 2002, the proposed development shall comply with this subsection 2 to the extent reasonably feasible given the existing site conditions. The final approval body for 159 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 154 July 29, 2016 development code redesign.docx the proposed development shall determine the extent that is reasonably feasible, subject to any appeal provisions that may apply. Such administrative relief shall not reduce setbacks below those provided for in subsection 1 of this section. It is the intent of this subsection 2 that full compliance with the terms of this subsection 2 shall be achieved over time without unduly burdening existing development. b. In addition to any relaxation of watercourse setbacks provided by subsection 2.a of this section, nothing in this section shall prohibit an owner of affected property from: (1) Applying for a variance to dimensional standards of the watercourse setbacks as allowed by and subject to the requirements of division 38.250 of this chapter; (2) When applicable, seeking a deviation to dimensional standards of the watercourse setback as allowed by and subject to the requirements of divisions 38.340 or 430 of this chapter; (3) Combining two or more lots to assemble a larger and more usable parcel; (4) Petitioning the state department of fish, wildlife and parks and the county water conservation district to seek the reclassification of the relevant watercourse as an irrigation facility not subject to the requirements of this section; (5) After receipt of required permits relocating the watercourse; or (6) Pursuing any other lawful means of relief from the effects of this section. c. Setbacks. Unless otherwise specified in subsection 2.e of this section, the following setback requirements shall be met: (1) East Gallatin River. A minimum 100-foot setback shall be provided along both sides of the East Gallatin River. (2) Sourdough/Bozeman Creek and Bridger Creek. A minimum 75-foot setback shall be provided along both sides of Sourdough/Bozeman and Bridger Creeks. (3) Other watercourses. A minimum 50-foot setback shall be provided along both sides of all other watercourses. (4) All required watercourse setbacks shall be extended as necessary to address these additional requirements. (a) The setback shall extend to the edge of any delineated 100-year floodplain if the floodplain is larger than the setbacks established in this subsection 2.c; (b) The setback shall include immediately adjacent wetlands (i.e., fringe). The buffer width shall be extended by the width of the wetland; (c) Areas with a slope greater than 33 percent do not count towards the width of the setback; and (d) The setback shall include connected wetlands. The buffer width shall be extended by a minimum of 50 feet beyond the perimeter of the connected wetlands. (5) All watercourse setbacks shall be measured from the ordinary high water mark as defined in article 7. When no ordinary high water mark is discernible, setbacks shall be measured from the top of the streambank. d. No newly constructed residential or commercial structure, addition to an existing structure, fence, deck, fill material (other than that required for exempt uses), parking lot or other 160 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 155 July 29, 2016 development code redesign.docx impervious surfaces, or other similar improvements shall be located within required watercourse setbacks, unless approved through, and in conformance with, a variance or deviation process as authorized in this chapter. e. Exceptions. The watercourse setback is divided into two zones. Zone 1 consists of the 60 percent of the setback closest to the watercourse, and Zone 2 consists of the 40 percent of the setback furthest from the watercourse. (1) On-site stormwater treatment facilities may be located in Zone 2. (2) Trails and trail-related improvements may be placed within the required watercourse setback subject to the following provisions: (a) Trails, and trail-related improvements such as benches and trail signage, may be placed in Zone 2; (b) Limited, non-looping developed spur trails to the water's edge may cross all zones. Benches and limited informational/interpretive signage may be placed in Zone 1 at the terminus of spur trails; (c) Due to topography, avoidance of wetlands, or other geographical constraints portions of non-spur trails may need to be placed within Zone 1. Trail construction within Zone 1, inclusive of watercourse crossings and spur trails, per each side of the watercourse may not exceed the length of 300 percent of the width of the applicable watercourse setback per 500 lineal feet of watercourse; (d) All trails must be constructed to minimize bank instability, sedimentation, nutrient and pollution runoff. Trails shall be aligned to minimize damage to plant and wildlife habitat; and (e) Trails crossing the watercourse and trail-related bridge structures may be located within all zones provided that the appropriate local, state and federal permits are obtained. (3) Streets, sidewalks, utility lines or similar public construction may be permitted within all zones for the purpose of crossing a watercourse or protecting public health and safety. The following practices shall be observed: (a) Crossings shall be minimized to the greatest extent feasible; (b) Crossings with direct angles (90 degrees) shall be used to the greatest extent feasible instead of oblique crossing angles; (c) Construction shall be capable of withstanding 100-year flood events; (d) The subdivision grading and drainage plan shall be designed to prevent the discharge of untreated stormwater into a watercourse; and (e) A bank stabilization plan for all public construction watercourse crossings shall be prepared and approved by the city prior to site preparation and installation of the improvement. (4) Outlets from stormwater treatment facilities may pass through all zones in order to discharge to the receiving watercourse, provided that all required permits are obtained. (5) Control of noxious weeds is required and activities required within limits outlined in any approved noxious weed control plan may occur in all zones. 161 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 156 July 29, 2016 development code redesign.docx f. Setback planting. A setback planting plan shall be prepared by a qualified landscape professional, and shall be reviewed and approved by the planning department prior to the commencement of development or site preparation. The plan shall include a schedule, and plantings shall be depicted on the plan as follows: (1) Zone 1: Zone 1 shall be planted with new or existing native materials suited for a riparian area based on the following calculations. One hundred percent of the disturbed areas of Zone 1 shall be planted with a ground cover of native riparian sedges, forbs and grasses suited for the area. In addition, a minimum of one shrub for every ten linear feet and one tree for every 30 linear feet of the watercourse shall be required along each side of the watercourse. Grouping or clumping of trees and shrubs as appropriate in a riparian area is encouraged. Species that are appropriate to the soil hydrologic conditions (wetness of soil and depth to the water table) should be used. Tree and shrub species selected shall be suitable for the climate and for planting in a riparian area with an emphasis on native species. The Natural Resources Conservation Service (NRCS), the state native plant society and the county local water quality district (LWQD) are good sources of landscaping materials and/or landscaping information. (2) Zone 2: Disturbed areas of Zone 2 shall be planted with new or existing native grasses suited for the area. (3) Maintenance of the watercourse setback landscaping is required. If it can be demonstrated that irrigation is present for the trees and shrubs, and fencing is provided for the trees and shrubs, the number of required trees may be reduced to one tree for every 60 linear feet and one shrub for every 20 linear feet of the watercourse along each side of the watercourse. (4) Planting materials are exempt from the size requirements of subsection 38.550.050.G.3. (5) To prevent soil erosion and the invasion of noxious weeds, the watercourse setbacks on all land proposed for development shall be covered with existing vegetation or shall be seeded with native grasses as soon as seasonally feasible or prior to commencement of any site development or site preparation work. (6) Native shall mean those plants which are native to the Gallatin Valley. (7) Use native grasses, forbs, sedges and other herbaceous plants in areas of disturbance (e.g., bridges, culverts, utilities installation, trails) within the watercourse setback. Native woody plantings are required in all zones in disturbed and undisturbed areas. g. Except for as otherwise allowed in subsections 2.e and f of this section, no disturbance of soils and existing vegetation shall occur in all zones. 3. Other provisions. a. The watercourse setback shall be depicted on all preliminary and final plats and plans. b. These provisions do not apply to agricultural uses, including lands controlled in the conservation reserve program (CRP), activities, and structures that existed prior to the effective date of the ordinance from which this section is derived. Any agricultural uses, activities or structures established after the effective date of the ordinance from which this section is derived shall comply with these regulations. An agricultural use, activity or structure shall be considered abandoned if not used for agricultural purposes for more than 180 consecutive days. 162 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 157 July 29, 2016 development code redesign.docx Figure 38.410.100-1 100 year floodplain Figure 38.410.100-2 Watercourse setback on a slope 163 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 158 July 29, 2016 development code redesign.docx Figure 38.410.100-3 Watercourse Setback Figure 38.410.100-4 Wetlands (Ord. No. 1645, § 18.42.100, 8-15-2005; Ord. No. 1693, § 13(18.42.100), 2-20-2007; Ord. No. 1709, § 12(18.42.100), 7-16-2007; Ord. No. 1761, exh. H(18.42.100), 7-6-2009; Ord. No. 1769, exh. G(18.42.100), 12-28- 2009) Sec. 38.410.110. - Ridgelines and viewsheds. (38.23.110) A. For the purpose of having structures blend more naturally into the landscape rather than being a prominent focal point, ridgeline protection areas are established. These areas are defined in article 42 of this chapter and are identified and designated based on topographic characteristics. The Bozeman Ridgeline Map identifies areas with a high likelihood of meeting the standards for ridgelines. 1. All buildings located within a ridgeline protection area shall be set back from the ridgeline a distance not less than three times its height above grade. The distance of the setback shall be measured perpendicular from the ridgeline. a. Exception. In the event a building permit is sought for a lot approved or created prior to January 1, 2004, the proposed development shall comply with this section to the extent reasonably feasible given the lot dimensions, orientation, and other characteristics. The final approval body for the proposed development shall determine the extent that is reasonably feasible and may relax the special setback required by this section, subject to applicable appeal provisions. Such administrative relief shall not reduce setbacks below those required elsewhere in this chapter. 164 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 159 July 29, 2016 development code redesign.docx Figure 38.410.110 Ridgeline protection area (Ord. No. 1645, § 18.42.110, 8-15-2005; Ord. No. 1693, § 13(18.42.110), 2-20-2007; Ord. No. 1709, § 12(18.42.110), 7-16- 2007; Ord. No. 1761, exh. H(18.42.110), 7-6-2009; Ord. No. 1769, exh. G(18.42.110), 12-28-2009) Sec. 38.410.120. - Mail delivery. (38.23.120) If mail delivery will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. It shall not be the responsibility of the city to maintain or plow any mail delivery area constructed within a city right-of-way. (Ord. No. 1645, § 18.42.120, 8-15-2005; Ord. No. 1693, § 13(18.42.120), 2-20-2007; Ord. No. 1709, § 12(18.42.120), 7-16- 2007; Ord. No. 1761, exh. H(18.42.120), 7-6-2009; Ord. No. 1769, exh. G(18.42.120), 12-28-2009) Sec. 38.410.130. - Water rights. (38.23.180) A. Prior to a final approval of all development reviewed as a site plan, conditional use permit, planned unit development, or subdivision and prior to an annexation of any land, one of the following must occur: 1. Payment shall be made to the city of a payment-in-lieu of water rights calculated based on the annual demand for volume of water the development will require multiplied by the most current annual unit price; or 2. The city may elect to accept a transfer to the city of ownership of water rights if the water rights proposed to be transferred are legally and physically adequate as determined by the city to provide the annual volume of water the development will require. A transfer of ownership of water rights must be in a form and manner suitable for municipal purposes and as approved by the review authority. 165 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 160 July 29, 2016 development code redesign.docx 3. In addition to but notwithstanding the above, a development may propose the installation of non-potable water systems for irrigation or other approved uses. The installation of a non- potable water system may result in a reduction in the payment required under subsection A.1 or amount of water rights under subsection A.2. To receive credit against the water demand calculation the development shall meet all physical requirements for such system as established by the city and shall comply with all applicable administrative requirements. B. If adequate water rights or a payment-in-lieu was previously provided to the city for the subject property, evidence of those rights or payment-in-lieu may be offered to demonstrate compliance with this section. If the expected demand for water by the proposed development increases by more than one acre-foot over that for which water rights or payment-in-lieu of water rights were previously provided, additional water rights or payment-in-lieu of water rights pursuant to subsection A equal to the difference between the previously provided water rights or payment-in- lieu and the estimated current demand or payment-in-lieu price shall be provided. C. Provision of water rights or payment-in-lieu may be deferred: 1. By phase for phased developments.; 2. For annexations of vacant land when the annexation is in excess of ten acres. 3. For annexation of parcels of ten acres or less or for any size parcel if development exists on the area being annexed prior to the annexation and provision of water rights or payment-in-lieu pursuant to subsection A provided at the time of annexation for the uses present on the site at the time of annexation. Subsequent development is subject to the provisions of subsection A. 4. For additional development beyond one dwelling unit per lot for lots zoned residential within a subdivision if water rights or payment-in-lieu is provided pursuant to subsection A prior to final plat for at least one residential unit on that lot. Additional development requires compliance with the this section. A notice of restriction on future development in a form acceptable to the city shall be recorded with the Gallatin County Clerk and Recorder prior to the city granting a waiver under this subsection. 5. For commercial, industrial and institutional uses, until final site plan approval or the issuance of any building permit, whichever occurs first. D. The city manager shall adopt administrative procedures to implement this section. The director of public works shall adopt standards for the calculation of demand for water use. The unit cost for payment-in-lieu shall be established by commission resolution. The administrative procedures shall include but need not be limited to standards governing acceptance of water right transfers, and a means to establish credits against the transfer of excess rights. The standards governing acceptance of water right transfers may enable a deferral of payment-in-lieu, provided that the party obligated for the payment-in-lieu executes a fee deferral agreement and related documents as approved by the city attorney to be recorded at the Gallatin County Clerk and Recorder's office securing the amount due. E. The amount paid for a payment-in-lieu shall be calculated using the per unit price in effect on the date the payment-in-lieu of water rights is to be made to the city. The director of public works shall make proper distribution to the funds for which such payments are made of all money collected. (Ord. No. 1796, § 3(18.42.180), 1-3-2011; Ord. No. 1839, § 1, 9-10-2012; Ord. No. 1873, § 1, 11-4-2013) 166 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 161 July 29, 2016 development code redesign.docx 38.420 Park & recreation requirements (Article 27) FOOTNOTE(S): --- (8) --- State Law reference— Park dedication requirement, MCA 76-3-621. Sec. 38.420.010. - General. (38.27.010) Except as provided in 38.420.020.B, all subdivisions and residential developments subject to division 38.230 of this chapter, shall comply with the provisions of this division 38.420. The purpose of this division 38.420 is to comply with sections 76-2-304 and 76-3-621 MCA; to advance the city's adopted plans for parks, trails and open space; to provide equal protection and treatment for different housing types and review processes with similar impacts on demand for service; to advance public health by encouraging and facilitating physical activity; and address housing affordability. (Ord. No. 1645, § 18.50.010, 8-15-2005; Ord. No. 1693, § 17(18.50.010), 2-20-2007; Ord. No. 1709, § 13(18.50.010), 7-16- 2007; Ord. No. 1769, exh. I(18.50.010), 12-28-2009; Ord. No. 1830, § 32, 9-24-2012) Sec. 38.420.020. - Park area and open space requirements. (38.27.020) A. The area required by this subsection shall be provided. The required area or its equivalent may be provided by any combination of land dedication, cash donation in-lieu of land dedication, or an alternative authorized by section 38.420.100, subject to the standards of this chapter. 1. When the net residential density of development is known, 0.03 acre per dwelling unit of land shall be provided. a. When the net residential density of development is known at the time of preliminary plat and net residential density is in excess of eight dwellings per acre, the requirement for dedication for that density above eight dwellings per acre shall be met with a cash donation in-lieu of the additional land unless specifically determined otherwise by the review authority. b. These requirements are based on the community need for parks and the development densities identified in the growth policy and this chapter. c. Net residential density of development is known when a plat or site plan depicts a set number of lots and the final number of residential units at full buildout can be reasonably determined. d. When developed as group living, in lieu of 0.03 acres per dwelling unit, an area of 575 square feet per resident shall be provided up to a limit of 27 persons per net acre. e. The required area dedication or its equivalent shall not be required for any residential density in excess of the following: (1) For development within the R-1, R-2, and R-MH zoning districts, the maximum net residential density shall be ten dwellings per acre. (2) For development within the R-3, R-4, R-O, and REMU zoning districts, the maximum net residential density shall be 12 dwellings per acre. 167 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 162 July 29, 2016 development code redesign.docx (3) For development within other zoning districts not previously specified and developed for residential uses, the maximum net residential density shall be 12 dwellings per acre; or 2. If net residential density of development is unknown, 0.03 acres per dwelling of land dedication or its equivalent shall be provided as follows: a. For initial subdivision or other development: (1) For development within the R-1, R-2, and R-MH zoning districts an area equal to that required for six dwellings per net acre. (2) For development within the R-3, R-4, unless legally restricted from residential uses R-O zoning districts, and REMU, an area equal to that required for eight dwellings per net acre. (3) For development within other zoning districts not previously specified and which are intended for residential development, the equivalent to an area dedication for six dwellings per net acre shall be provided as cash-in-lieu. b. For subsequent development when net residential density becomes known, the net residential density per acre shall be rounded to the nearest whole number and applied as follows: (1) For development within the R-1, R-2, and R-MH zoning districts the land area equivalent for the additional net residential density not to exceed a total, including prior dedications, often dwellings per acre shall be provided as cash-in-lieu. (2) For development within the R-3, R-4, R-O, and REMU zoning districts the land area equivalent for the additional net residential density not to exceed a total, including prior dedications, of 12 dwellings per acre shall be provided as cash-in-lieu. (3) For development within other zoning districts not previously specified and developed for residential uses for the additional net residential density not to exceed a total, including prior dedications, of 12 dwellings per acre shall be provided as cash-in-lieu. (4) When developed as group living, in lieu of 0.03 acres per dwelling unit, an area of 575 square feet per resident shall be provided up to a limit of 27 persons per net acre. 3. Applicability to site plans. Subsection 38.420.020.A.2, shall not apply to subsequent site plan development located within major subdivisions which received preliminary plat approval after July 1, 1973, and which received final plat approval prior to October 1, 2005. 4. Special case. The city has established chapter 38, division 380, to encourage the provision and development of affordable housing. a. The minimum number of workforce housing units required to comply with division 38.380, are exempt from the park land dedication requirements of this division 38.420. Dwellings resulting from the density bonus provisions of section 10.08.070.1 are exempt from the park land dedication requirements. Workforce housing units in excess of the minimum number shall provide park land on the same basis as other development. b. The park land requirement for development not otherwise exempted from dedication requirements shall be reduced by a 1:1 ratio based on the minimum required square footage of the lot area necessary to provide minimum compliance with chapter 38, division 38.380. For example, if 50,000 square feet of lots for workforce housing units are required then there shall be a reduction in the required park land area of 50,000 square feet. 168 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 163 July 29, 2016 development code redesign.docx (1) If the developer chooses to develop more than the required number or area of workforce housing unit lots, the additional lot area square footage above the minimum required shall not further reduce the park land area. (2) The reduction of park land shall be allowed for WHUs and/or lots provided offsite of the responsible development but only to the extent of the required WHU lot area for the development applying for this park land offset and only applied on the site of the development applying for the park land offset. c. The reductions in park land dedication to conform to chapter 38, division 380, may not reduce the development's park land requirements below the minimum established by MCA 76-3-621. B. Exceptions. Land dedication or cash donation in-lieu of land dedication shall not be required for: 1. A minor subdivision. 2. Land proposed for subdivision into parcels larger than five acres. 3. Subdivision into parcels which are all nonresidential. 4. A subdivision in which parcels are not created, except when that subdivision provides permanent multiple spaces for recreational camping vehicles or manufactured homes. 5. A subdivision in which only one additional parcel is being created. 6. An application reviewed under section 38.230.070. C. Development on land initially exempted from park dedication is required to provide park dedication if further development of the site does not continue to meet the criteria for exemption. D. Residential site plans. For residential site plans unless otherwise provided through the subdivision or planned unit development review process, is an amount of park land or its equivalent equal to that required by section 38.420.020 for the proposed number of dwelling units set aside within the project boundaries, and configured for active recreational use by the residents of the project; or has the developer proposed to provide its equivalent as may otherwise be allowed by this chapter. E. Residential site plans open space requirement. Site plans containing five or more dwelling units shall provide on-site open space for the use of the residents. The area to be provided is calculated only for those dwellings which do not have ground floor access to a landscaped rear yard. Open space shall be provided at a rate of 150 square feet per dwelling unit for dwellings with two or more bedrooms, and 100 square feet per dwelling unit for studio and one bedroom dwellings. All landscaped areas, public plazas or common green roof decks shall be considered a "commons" and be accessible to all residents of the site. The requirement may be met through the use of any of the following options. Options may be combined to satisfy the area requirement. 1. Landscaped. The required area shall: a. Be configured in areas of not less than 600 square feet in area; and b. Have at least one minimum dimension of 25 feet. Upon a showing that a superior design will result, the city may allow up to a 20 percent reduction in the minimum dimension so long as the space does not exceed a length to width ration of 1:3, and c. Have a slope of ten percent or less; and d. Not have nonrecreational structures or detention/retention ponds; and 169 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 164 July 29, 2016 development code redesign.docx e. Provide the equivalent seating area of two benches, each four feet in length, which do not obstruct its use; and f. Area shall be centralized within the project with a clear pedestrian connection from all served dwelling unit; or g. Properties adjacent to a park, trail or other open space amenity shall be configured in such a manner as to complement and relate to the adjacent open space facilities; and 2. Common plaza or common green roof deck. Area provided through this means may be used to meet the performance requirements of division 38.550 of this chapter, Landscaping. The required area shall: a. Meet a minimum size of 225 square feet; and b. Have a minimum dimension of 15 feet. Upon a showing that a superior design will result, the city may allow up to a 20 percent reduction in the minimum dimension so long as the space does not exceed a length to width ration of 1:3; and c. Be fully surfaced with scored concrete, architectural pavers, or other alternative high quality surfacing; and d. Area must have a slope of two percent or less; e. Provide one of the following: (1) Option 1, a minimum of two benches and two permanent irrigated planters with a cumulative area of not less than 40 square feet; (2) Option 2, two benches and a shade structure that would cover 50 percent of the plaza area; (3) Option 3, a fountain of at least ten square feet with integrated seating around fountain perimeter; or f. For green roof deck credit the area shall include 25 percent of the surface planted with rooftop landscaping (trays or full depth soil); 3. Private patio or private green roof deck. The required area shall: a. Have a minimum dimension of eight feet. Upon a showing that a superior design will result, the city may allow up to a 20 percent reduction in the minimum dimension so long as the space does not exceed a length to width ration of 1:3; and b. Be surrounded by minimum 18 inch masonry screen wall; c. Green roof deck shall include 25 percent of the surface planted with rooftop landscaping (trays or full depth soil); 4. Private individual balconies shall have minimum dimensions of six feet by six feet. (Ord. No. 1645, § 18.50.020, 8-15-2005; Ord. No. 1693, § 17(18.50.020), 2-20-2007; Ord. No. 1709, § 13(18.50.010), 7-16- 2007; Ord. No. 1769, exh. I(18.50.020), 12-28-2009; Ord. No. 1802, § 11, 4-11-2011; Ord. No. 1828, § 72, 9-10-2012) Sec. 38.420.030. - Cash donation in-lieu of land dedication. (38.27.030) A. The review authority may determine whether the park dedication must be a land dedication, cash donation in-lieu of land dedication or a combination of both. When making this determination, the review authority shall consider the following: 170 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 165 July 29, 2016 development code redesign.docx 1. The desirability and suitability of land for parks and playgrounds based on size, topography, shape, location or other circumstances; and 2. The expressed preference of the developer. 3. Location of the site within the B-3 zoning district. The city commission has determined that cash-in-lieu of land dedication is the default method to satisfy the requirements of section 38.420.020.A within the B-3 zoning district. The approval authority of a development within the B-3 zoning district is as governed by section 38.200.010. B. When a combination of land dedication and cash donation in-lieu of land dedication is required, the cash donation may not exceed the proportional amount not covered by the land dedication. C. Cash donation in-lieu of land dedication shall be equal to the fair market value of the amount of land that would have been dedicated. For the purpose of these regulations, the fair market value is the value of the unsubdivided, unimproved land after it has been annexed and given an urban zoning designation. The city intends to obtain the highest value for cash-in-lieu of park land that is allowable under state law. 1. It shall be the responsibility of the developer to provide an appraisal of the fair market value by a certified real estate appraiser of their choosing. The appraisal fee shall be the responsibility of the developer. 2. When a land value must be established for cash-in-lieu of land dedication to satisfy the requirements of section 38.420.020, and the value of the land in an unsubdivided, unimproved, but annexed and zoned condition can not reasonably be determined, the developer may provide an appraisal of residentially zoned property with a zoning designation that allows the density of dwellings proposed for development. 3. The appraisal provided for the purpose of section 38.420.030 shall be conducted not sooner than 90 days prior to the submittal of an application for final plat or final site plan approval. D. Where a cash donation has been accepted in-lieu of land dedication, the amount of cash donation shall be stated on the final plat or plan as appropriate. E. Where a cash donation has been accepted in-lieu of land dedication, the city shall record in the meeting minutes or other written decision why the dedication of land for parks and playgrounds was undesirable. F. Use of cash donations. 1. The city shall use a cash donation for development or acquisition of parks to serve the development. 2. The city may use the cash donation to acquire or develop parks or recreational areas within its jurisdiction or for the purchase of public open space or conservation easements, only if: a. The park, recreational area, open space or conservation easement is within a reasonably close proximity to the proposed development; and b. The city commission has formally adopted a citywide park plan that establishes the needs and procedures for use of the cash donation. (Ord. No. 1645, § 18.50.030, 8-15-2005; Ord. No. 1693, § 17(18.50.030), 2-20-2007; Ord. No. 1709, § 13(18.50.030), 7-16- 2007; Ord. No. 1769, exh. I(18.50.030), 12-28-2009; Ord. No. 1804, § 7, 7-11-2011; Ord. No. 1828, § 73, 9-10-2012) 171 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 166 July 29, 2016 development code redesign.docx Sec. 38.420.040. - Park use. (38.27.040) As part of an individual park master plan, the developer shall indicate the proposed use of the park as active, passive, playground, ballfield, etc. However, the final use of the park shall be determined by the review authority. (Ord. No. 1645, § 18.50.040, 8-15-2005; Ord. No. 1693, § 17(18.50.040), 2-20-2007; Ord. No. 1709, § 13(18.50.040), 7-16- 2007; Ord. No. 1769, exh. I(18.50.040), 12-28-2009; Ord. No. 1828, § 74, 9-10-2012) Sec. 38.420.050. - Location. (38.27.050) A. General. The review authority, in consultation with the developer, recreation and parks advisory board, and the planning board if applicable, may determine suitable locations for parks and playgrounds. Park land must be located on land suitable to and supportive of the activities and functions depicted in the relevant park plan, and unless the park plan indicates a requirement for another configuration, should be kept in a large block. B. Subarea or neighborhood plans. If a subarea or neighborhood plan has been adopted for the area, the subdivision shall comply with the subarea or neighborhood plan for the location of parks. (Ord. No. 1645, § 18.50.050, 8-15-2005; Ord. No. 1693, § 17(18.50.050), 2-20-2007; Ord. No. 1709, § 13(18.50.050), 7-16- 2007; Ord. No. 1769, exh. I(18.50.050), 12-28-2009; Ord. No. 1828, § 75, 9-10-2012) Sec. 38.420.060. - Frontage. (38.27.060) A. Park land, excluding linear trail corridors, shall have frontage along 100 percent of its perimeter on public or private streets or roads. The city may consider and approve the installation of streets along less than 100 percent, but not less than 50 percent, of the perimeter when: 1. Necessary due to topography, the presence of critical lands, or similar site constraints; and 2. a. When direct pedestrian access is provided to the perimeters without street frontage; and b. When additional land area is provided in the park to accommodate the off-street parking which would have otherwise been provided by the additional length of perimeter streets and the additional land is developed as a parking area; or c. When additional land area is provided in the park to accommodate the off-street parking which would have been provided by the additional length of perimeter streets and, in lieu of the constructed parking area, an equivalent dollar value of nonparking improvements within the park are provided according to the individual park plan. (Ord. No. 1645, § 18.50.060, 8-15-2005; Ord. No. 1693, § 17(18.50.060), 2-20-2007; Ord. No. 1709, § 13(18.50.060), 7-16- 2007; Ord. No. 1769, exh. I(18.50.060), 12-28-2009) Sec. 38.420.070. - Linear parks. (38.27.070) A. General. If consistent with the growth policy or citywide park plan, and if reviewed and approved by the review authority, linear parks shall be dedicated to the city to provide corridors for recreation pathways as defined in section 38.420.110. 1. Pathway corridors within required watercourse setbacks shall not be dedicated to the city as linear parks and such land may not be used to satisfy park land dedication requirements. Instead, cash donation in-lieu of land dedication credit shall be granted only for the cost of constructing Class II or III recreational trails if public access is provided. The developer shall provide a 172 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 167 July 29, 2016 development code redesign.docx detailed cost estimate for installation of the trail, for review and acceptance by the city, to determine the cash donation credit. a. Within required watercourse setbacks, a public access easement that is at least 25 feet in width shall be provided to ensure adequate room for the construction, maintenance and use of the trail. B. Width. To ensure adequate room for pathway construction, maintenance and use, linear parks shall be at least 25 feet in width. C. Maintenance. These areas shall be maintained in accordance with section 38.420.110.E until an alternative method (e.g., a citywide parks maintenance district) of funding and maintaining the linear park is established. (Ord. No. 1645, § 18.50.070, 8-15-2005; Ord. No. 1693, § 17(18.50.070), 2-20-2007; Ord. No. 1709, § 13(18.50.070), 7-16- 2007; Ord. No. 1769, exh. I(18.50.070), 12-28-2009; Ord. No. 1828, § 76, 9-10-2012) Sec. 38.420.080. - Park development. (38.27.080) A. General. Developers shall consult any adopted citywide park plan, and with the recreation and parks advisory board which implements the plan, to determine the types of parks needed for the proposed development and surrounding area. Parks shall be developed in accordance with the citywide park plan and any approved park master plan. At a minimum, all parks shall be improved to the following standards by the developer, prior to final plat or final occupancy approval as appropriate: 1. Minimum required improvements land dedications. The subdivider shall be responsible for leveling any park area, amending the soil, seeding disturbed areas to allow mowing with turf type mowers, and installing an underground irrigation system in compliance with city standards and specifications. a. Parks shall be seeded with drought tolerant grass seed unless approved otherwise in writing by the park superintendent. 2. Irrigation. The developer shall be responsible for irrigating the park area until 50 percent of the subdivision lots or condominium units are sold. Thereafter, the property owners association shall be responsible for park irrigation. The property owners' association could establish an improvement district to collect assessments to pay for irrigation. a. Wells shall be used to irrigate park land. B. Boundaries. The park boundary bordering all private lots shall be delineated at the common private/public corner pins, with flat, flexible fiberglass posts, a minimum of six feet in length with no less than two feet driven into the ground. Each post must be labeled, with a permanent glue on sign, stating "Park Boundary" or "Property Boundary." Other forms of boundary marking may be approved by the planning or other appropriate department. C. Sidewalks. Sidewalks, when required within the development, shall be installed by the developer at points where the park borders or crosses public or private streets. D. Stormwater detention/retention ponds. Stormwater retention or detention ponds may be located within public park land, but such areas shall not count towards the park land dedication requirement. Any stormwater ponds located on park land shall be designed, constructed and/or added to so as to be conducive to the normal use and maintenance of the park. Stormwater ponds shall not be located on private lots. Stormwater retention or detention ponds shall be maintained by the property owners association. 173 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 168 July 29, 2016 development code redesign.docx E. Clean up required. The park area must have all fencing material, construction debris and other trash removed. (Ord. No. 1645, § 18.50.080, 8-15-2005; Ord. No. 1693, § 17(18.50.080), 2-20-2007; Ord. No. 1709, § 13(18.50.080), 7-16- 2007; Ord. No. 1769, exh. I(18.50.080), 12-28-2009) Sec. 38.420.090. - Waiver of park maintenance district. (38.27.090) When required, the developer shall sign, and file at the county clerk and recorder's office, a waiver of right to protest the creation of park maintenance district. The waiver shall be filed with the final subdivision plat, or recorded at the time of other final approval. (Ord. No. 1645, § 18.50.090, 8-15-2005; Ord. No. 1693, § 17(18.50.090), 2-20-2007; Ord. No. 1709, § 13(18.50.090), 7-16- 2007; Ord. No. 1769, exh. I(18.50.090), 12-28-2009) Sec. 38.420.100. - Waiver of required park dedication. (38.27.100) A. The review authority shall waive the park dedication or cash donation in-lieu of land dedication requirement if land equal to or exceeding the area of the dedication otherwise required by this division 38.420 is set aside by one of the following means: 1. The proposed development provides long-term protection of critical wildlife habitat; cultural, historical, archaeological or natural resources; agricultural interests; or aesthetic values. 2. The proposed development provides for a planned unit development or other development with land permanently set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the development. 3. The development is a land subdivision created by rent or lease (i.e., manufactured housing communities and recreational vehicle parks) with land permanently set aside for parks or playgrounds within the subdivision for rent or lease for the common use of the residents of the development. a. These park or playground areas shall be maintained by the property owners association. 4. The developer provides for land outside of the subdivision to be set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the subdivision. a. The land being developed shall be within the service area, as designated by an adopted citywide park plan, of the dedicated park land; and b. The developer must dedicate the off-site park land to the city; or c. The developer must execute the appropriate public access easements on privately-owned land. The easements shall be held by the city. The city's responsibilities for park land dedicated by easement shall be the same as for fee simple park land dedication. 5. The developer provides land outside the development that affords long-term protection of critical wildlife habitat; cultural, historical, archaeological or natural resources; agricultural interests; or aesthetic values; and the area of the land to be subject to long-term protection equals or exceeds the area of the dedication otherwise required by this division 38.420. 6. A subdivider may dedicate land to School District 7 to provide some or all of the land area required by section 38.420.020. The area dedicated to the school district may be used for school facilities or buildings, including but not limited to play grounds or other recreational 174 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 169 July 29, 2016 development code redesign.docx facility. Any dedication to the school district shall be subject to the approval of the review authority and acceptance by the board of trustees of School District 7. a. In approving a dedication of land to the school district the review authority shall make affirmative findings that: (1) Adequate public park land already exists within the vicinity of the dedicating subdivision to meet service standards established by the city's parks master plan; (2) The land is located within the city limits or within one mile of city limits; (3) The school district has established a facility plan to demonstrate how the dedicated property will be utilized; (4) The school district's facility plan shall describe any coordination intended for joint use of the property by the school district and the city; and (5) The option for cash-in-lieu of land described in section 38.420.030 shall not be used in place of a land dedication to the school district. b. It shall be noted in a certificate on the plat and in any deed to the land that if School District 7 later chooses to dispose of the property, it shall revert to the city to be used for park purposes. The land shall be transferred to the city from School District 7 with clear title and in a condition meeting the minimum development standards for parks established in section 38.420.080. 7. If a tract of land is being developed under single ownership as a part of an overall plan, and part of the tract has previously been subdivided or developed, and sufficient park land dedication or cash donation in-lieu of land dedication has been provided from the area that has been previously subdivided or developed to meet the requirements of this section for the entire tract being developed, the city commission shall issue an order waiving the land dedication and cash donation requirements for the subsequently developed area. (Ord. No. 1645, § 18.50.100, 8-15-2005; Ord. No. 1693, § 17(18.50.100), 2-20-2007; Ord. No. 1709, § 13(18.50.100), 7-16- 2007; Ord. No. 1769, exh. I(18.50.100), 12-28-2009; Ord. No. 1828, §§ 77, 78, 9-10-2012) Sec. 38.420.110. - Recreation pathways. (38.27.110) A. General. Developers shall install pathways in accordance with this chapter, the growth policy, the most recently adopted long-range transportation plan, any adopted citywide park plan, and any adopted individual park master plan, and shall comply with City of Bozeman Design Specifications. B. Pathway categories. The development review committee (DRC) shall be responsible for determining whether a pathway is a transportation pathway or a recreation pathway. For subdivision proposals, this determination shall be made during the preapplication process. 1. Recreation pathways. The review authority may require developers to install recreation pathways, to provide recreational and physical fitness opportunities within the development, as part of the required development improvements. Recreation pathways include the following facilities: a. Pathways that do not connect major residential, employment, educational or service nodes; b. Pathways that connect parks, but do not connect major residential, employment, educational or service nodes; c. Pathways that are not ADA accessible due to topography; 175 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 170 July 29, 2016 development code redesign.docx d. Pathways located within parks; and e. Class II and III trails. 2. Transportation pathways. For the definition of transportation pathways, please see section 38.400.110. C. Related facilities. If pathways are proposed or required, stream crossings and other similar improvements, where necessary, shall be installed. Bridge design and construction shall comply with city specifications and standards, and shall be submitted to the planning department for review and approval. Any necessary permits for bridges shall be obtained by the developer from the appropriate agency prior to installation of the stream crossings. D. Trail requirements. The class of the trail shall be determined by the review authority and the trail shall be designed and constructed according to any adopted park or recreation plan or other city specifications and standards. Trails and bridges must meet Americans with Disabilities Act (ADA) specifications for recreational facilities and maintain a natural appearance. Trail plans and specifications shall be submitted to the planning and parks departments for review and approval prior to installation. E. Pathway maintenance. Recreation pathways within the proposed development shall be maintained, in conformance with an approved maintenance plan, by the developer until 50 percent of the lots or condominium units are sold. Thereafter the property owners association shall be responsible for maintenance. The property owners association could establish an improvement district to collect assessments to pay for the maintenance. F. Pathway easements. Where pathways cross private land or common open space, the proper public access easements shall be provided. Public access easements for pathways shall be at least 25 feet wide. G. Linear parks. Corridors for recreation pathways may be dedicated to the city in accordance with section 38.420.070. (Ord. No. 1645, § 18.50.110, 8-15-2005; Ord. No. 1693, § 17(18.50.110), 2-20-2007; Ord. No. 1709, § 13(18.50.110), 7-16- 2007; Ord. No. 1769, exh. I(18.50.110), 12-28-2009; Ord. No. 1796, § 7, 1-3-2011; Ord. No. 1828, §§ 79, 80, 9-10-2012) 176 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 171 July 29, 2016 development code redesign.docx 38.430 Planned unit developments (Article 20) Sec. 38.430.010. - Intent. (38.20.010) A. It is the intent of the city through the use of the planned unit development (PUD) concept, to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. Specifically, with regard to the improvement and protection of the public health, safety and general welfare, it shall be the intent of this chapter to promote the city's pursuit of the following community objectives: 1. To ensure that future growth and development occurring within the city is in accord with the city's adopted growth policy, its specific elements, and its goals, objectives and policies; 2. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing, recreation, shopping and employment may extend to all citizens of the city area; 3. To foster the safe, efficient and economic use of land and transportation and other public facilities; 4. To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks; 5. To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flood damage; 6. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; 7. To promote the use of bicycles and walking as effective modes of transportation; 8. To reduce energy consumption and demand; 9. To minimize adverse environmental impacts of development and to protect special features of the geography; 10. To improve the design, quality and character of new development; 11. To encourage development of vacant properties within developed areas; 12. To protect existing neighborhoods from the harmful encroachment of incompatible developments; 13. To promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood and the community as a whole; 14. To promote the efficient use of land resources, full use of urban services, mixed uses, transportation options, and detailed and human-scale design; and 15. To meet the purposes established in section 38.100.040. (Ord. No. 1645, § 18.36.010, 8-15-2005; Ord. No. 1693, § 11(18.36.010), 2-20-2007; Ord. No. 1709, § 10(18.36.010), 7-16- 2007) 177 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 172 July 29, 2016 development code redesign.docx Sec. 38.430.020. - Application and uses of a planned unit development. (38.20.020) A. A planned unit development may be applied to any subdivision, or to any development having one or more principal uses or structures on a single parcel of real property or contiguous parcels of real property. Land use patterns and uses shall generally conform to growth policy land use designations and underlying zoning districts. Approval for an additional use or combination of uses may be allowed in a planned unit development only when such additional uses are consistent with the city growth policy and relevant criteria in section 38.430.090.E and are not prohibited elsewhere in this chapter. B. All planned unit developments shall consist of a harmonious arrangement of lots, uses, buildings, parking areas, circulation and open spaces. All planned unit developments shall be designed as an integrated unit, in such a manner as to constitute a safe, efficient and convenient development. C. Any planned unit development shall be considered as a conditional use within the zoning district in which it is to be located. D. All planned unit developments shall compliment or be harmonious with existing adjacent development. (Ord. No. 1645, § 18.36.020, 8-15-2005; Ord. No. 1693, § 11(18.36.020), 2-20-2007; Ord. No. 1709, § 10(18.36.020), 7-16- 2007; Ord. No. 1828, § 23, 9-10-2012) Sec. 38.430.030. - Special conditions of a planned unit development. (38.20.030) A. The following special conditions shall apply to any planned unit development: 1. Single ownership. The tract or parcel of land involved shall be either in one ownership or the subject of an application filed jointly by the owners of all the property to be included. 2. Title holdings. The approved final plan shall specify the manner of holding title to areas and facilities of joint use and how areas of joint use shall be maintained. Normally such areas and facilities shall be retained in title by the developers of the development or deeded to an organization composed of all owners in the development and meeting the requirements of section 38.220.190. 3. Reserved. 4. Use of general building and development standards. a. All planned unit developments shall be reviewed against the development standards established in this chapter. However, in order to encourage creativity and design excellence that would contribute to the character of the community, deviations from the requirements or the standards of this chapter may be granted by the review authority after considering the recommendations of the applicable review bodies established by this chapter. The PUD application shall be accompanied by written and graphic material sufficient to illustrate the initial and final conditions that the modified standards will produce. Such written and graphic materials may include textual descriptions, site plans, renderings of proposed elevations or landscapes, or similar materials. b. All requested deviations, waivers of submittal requirements and other relaxations of regulatory requirements shall be identified in writing at the time of preliminary plan submittal. Failure to identify such items may result in the delay of application processing in order to receive necessary materials, provide additional public notice or other curative actions. 178 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 173 July 29, 2016 development code redesign.docx c. The review authority shall make a determination that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards of this chapter, and which will be consistent with the intent and purpose of this division 38.430, with the adopted goals of the city growth policy and with any relevant adopted design objectives plan. Upon deciding in favor of the deviation request, the review authority may grant deviations, above or below minimum or maximum standards respectively as established in this chapter, including the complete exemption from a particular standard. If the review authority does not determine that the proposed modified standards will create an environment, landscape quality and character superior to that produced by the existing standards of this chapter, and which will be consistent with the intent and purpose of this division 38.430 and with any relevant design objectives plan, then no deviation shall be granted. 5. Establishing additional standards. In addition to the general building and development standards, the city shall have the right to establish general design standards, guidelines and policies, for the purpose of implementing and interpreting the provisions of this division 38.430. 6. Conformance to sign code. All signs proposed in conjunction with a planned unit development shall be reviewed against the provisions of the city sign regulations, division 38.560 of this chapter. All signage must be approved as part of the PUD and shall be designed as an integral element of the overall planned unit development. Approval of signs within a planned unit development shall rest upon a determination by the city commission, as provided by the specific proposal, that the intent of the sign regulations is achieved. Signs which do not comply with division 38.560 of this chapter must receive a deviation. (Ord. No. 1645, § 18.36.030, 8-15-2005; Ord. No. 1693, § 11(18.36.030), 2-20-2007; Ord. No. 1709, § 10(18.36.030), 7-16- 2007; Ord. No. 1802, § 3, 4-11-2011; Ord. No. 1828, § 24, 9-10-2012) Sec. 38.430.040. - Planned unit development review procedures and criteria. (38.20.040) A. When a subdivision is proposed in conjunction with a zoning planned unit development, the subdivision review shall be coordinated with the zoning review. All steps listed in this section shall apply whether the application is for a subdivision or zoning PUD, and reference to plan includes plat unless the context clearly indicates otherwise. Approval of a planned unit development shall consist of three procedural steps: preapplication, preliminary plan and final plan. All subdivision PUDs shall also meet all standards for plats. 1. Preapplication review. a. A preapplication review is mandatory for all planned unit development proposals. b. A preapplication shall be submitted for review and discussion with the DRC, DRB, and planning staff of the applicant's proposal and any requirements, standards or policies that may apply. This step represents an opportunity to identify any major problems that may exist and identify solutions to those problems before formal application. c. Preapplication review procedures. Preapplication review meetings will be held by the DRC and DRB and will provide guidance for planned unit development applications. The general outline of the planned unit development proposal, presented as graphic sketch plans, shall be submitted by the applicant to the planning department at least ten days prior to the meeting of the review bodies. The outline shall be reviewed by the DRC and DRB. Thereafter, the planning department shall furnish the applicant with written comments regarding such 179 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 174 July 29, 2016 development code redesign.docx submittal, including appropriate recommendations to inform and assist the applicant prior to preparing the components of the planned unit development preliminary plan application. 2. Preliminary plan review. Sufficient information shall be submitted to permit review of the land use relationships, densities and the type, size and location of the principal design elements of the planned unit development by the advisory bodies and review authority. For a planned unit development that will be developed in phases, the developer must submit either a preliminary plan for all phases, or else submit a preliminary plan for the initial phase or phases and development guidelines for all subsequent phases. Submittal requirements are in addition to those required for site plan and conditional use permit review. a. Application process. Upon completion of preapplication review and receipt of the planning department's comments on the preapplication, an application for preliminary plan approval may be filed with the planning department. b. Public hearings and meetings. Notice of public hearings and/or public meetings for any preliminary plan application shall be provided in accordance with division 38.220 of this chapter. c. Review criteria. In order to approve an application for a planned unit development the city commission shall determine that the application is in conformance with all applicable standards, objectives and criteria of this chapter unless an appropriate deviation is granted. d. Recommendations. The DRC and DRB shall recommend the approval, conditional approval or denial of the preliminary plan to the review authority and shall include in such recommendation the basis upon which such recommendation was determined. e. Preliminary plan approval. The city commission, after conducting a public hearing, may approve, disapprove or approve with conditions the proposed planned unit development. The city commission shall issue a written record of their decision to discuss and weigh the review criteria and standards applicable to the PUD. 3. Final plan review and approval. The final plan must be in compliance with the approved preliminary plan and/or development guidelines except as provided for in subsection 3.d of this section, and shall be reviewed DRC and ADR staff and approved by the review authority. a. Application process. Upon approval or conditional approval of a preliminary plan and the completion of any conditions imposed in connection with that approval, an application for final plan approval may be submitted. b. Review criteria; compliance with preliminary plan. For approval to be granted, the final plan shall be in compliance with the approved preliminary plan. This shall mean that all conditions imposed by the city commission as part of its approval of the preliminary plan have been met and: (1) The final plan does not change the general use or character of the development; (2) The final plan does not increase the amount of improved gross leasable nonresidential floor space by more than five percent, does not increase the number of residential dwelling units by more than five percent and does not exceed the amount of any density bonus approved with the preliminary plan; (3) The final plan does not decrease the open space and/or affordable housing provided; (4) The final plan does not contain changes that do not conform to the requirements of this chapter, excluding properly granted deviations, the applicable objectives and criteria of section 38.430.100, or other objectives or criteria of this chapter. The final plan shall 180 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 175 July 29, 2016 development code redesign.docx not contain any changes which would allowed increased deviation/relaxation of the requirements of this chapter; and (5) The final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. c. Final plan approval. The final plan may be approved if it conforms to the approved preliminary plan in the manner described above. Prior to final plan approval, the review authority may request a recommendation from the DRC, ADR staff, DRB, or other entity regarding any part of a proposed final plan. If a final plat is part of the final plan submittal, the review authority per section 38.200.010 shall have responsibility to approve the final plat. (1) Final plats associated with a PUD shall be subject to the requirements of sections 38.240.110 and 38.220.070. d. Amendments to final plan. Building permits and other development approvals shall be issued on the basis of the approved final plan and any conditions of approval. No city administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan with the exception of the following: (1) Minor changes. (a) Minor changes to a planned unit development may be approved administratively and in writing whereupon a permit may be issued. Such changes may be authorized without additional public notice at the discretion of the review authority. This provision shall not prohibit the review authority from requesting a recommendation from the DRB, DRC, ADR staff or other entity. (b) Minor changes shall be defined as follows: (i) Those developments that do not change the character of the development; (ii) An increase of less than five percent in the approved number of residential dwelling units; (iii) An increase of less than five percent in the approved gross leasable floor areas of retail, service, office and/or industrial buildings; (iv) A change in building location or placement less than 20 percent of the building width without compromising requirements of the UDO; (v) An increase in the number of lots less than two percent without increasing the density by more than five percent. This is applicable only to zoning PUD plans, not subdivision PUD plats; (vi) The final plan shall not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and/or (vii) The final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. (c) When a planned unit development has been prepared in sufficient detail to address the concerns of division 38.230 of this chapter including but not limited to general building envelopes, design character of buildings, and landscaping for some or all of the parcels within its boundaries the final site development plans may be reviewed as an amendment to the PUD final plan. The intention to use this provision must be part of the initial submittal and review of the PUD. 181 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 176 July 29, 2016 development code redesign.docx (2) Major changes. (a) Major changes to a planned unit development must follow the same planned unit development review and public notice and comment process required for approval of preliminary plans. The final plan shall not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter without being individually noticed and reviewed for the proposed change. (b) Major changes shall be defined as follows: (i) A change in the character of the development; (ii) An increase of greater than five percent in the approved number of residential dwelling units; (iii) An increase of greater than five percent in the approved gross leasable floor areas of retail, service, office and/or industrial buildings; (iv) A reduction in the approved open space and/or affordable housing units provided; (v) A change in the location and placement of buildings; and/or (vi) An increase in the number of lots above what was approved through the preliminary plan review. This is applicable only to zoning PUD plans, not subdivision PUD plats. The final plat, if applicable, may not create any additional lots which were not reviewed as part of the preliminary plan submittal. (Ord. No. 1645, § 18.36.040, 8-15-2005; Ord. No. 1693, § 11(18.36.040), 2-20-2007; Ord. No. 1709, § 10(18.36.040), 7-16- 2007; Ord. No. 1828, § 25, 9-10-2012) Sec. 38.430.050. - Plan submittal requirements. (38.20.050) For each stage of the review process, the applicable information and data described in division 38.220 of this chapter shall be submitted unless the planning director determines that the information is unnecessary for the proper evaluation of the development based on the evaluation of the preapplication review. Only after the planning department has determined that all required information has been submitted will the application be processed. When a proposed PUD includes both a subdivision and zoning component, a coordinated application on a form to be provided by the planning department shall be used to coordinate submittal materials and prevent redundant requirements. (Ord. No. 1645, § 18.36.050, 8-15-2005; Ord. No. 1693, § 11(18.36.050), 2-20-2007; Ord. No. 1709, § 10(18.36.050), 7-16- 2007) Sec. 38.430.060. - Duration of planned unit development approval. (38.20.060) A. Duration of preliminary plan approval. The provisions of this subsection A do not apply to subdivision elements of a PUD. 1. Within a maximum of one year following the approval of a preliminary plan, the applicant shall file with the planning department a final plan in detailed form covering the entirety, or one or more phases, of the development. 2. Upon application and in accordance with the standards of subsection 38.230.120.F, the planning director may administratively extend the period for filing a final plan for six-month periods. The granting of administrative extensions under this section may, at the discretion of the planning director, be referred to the city commission. 182 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 177 July 29, 2016 development code redesign.docx 3. If no final plan is filed covering all or any portion of the preliminary plan within the above time limits, the right to proceed under the preliminary plan shall expire for any portion of the preliminary plan for which a final plan has not been timely filed. B. Duration of final plan approval. 1. The applicant must undertake and complete the development of an approved final plan within two years from the time of final plan approval. For the purposes of this section, a development is substantially complete once all engineering improvements (water, sewer, streets, curbs, gutter, streetlights, fire hydrants and storm drainage) are installed and completed in accordance with city rules and regulations. Extensions for periods of not more than one year may be administratively granted by the planning director in accordance with the standards of subsection 38.230.120.F. The granting of administrative extensions under this section may, at the discretion of the planning director, be referred to the city commission. 2. A request for extension of final approval under this section must be submitted to the planning director in writing by the applicant at least 30 days prior to the date of expiration. Failure to submit a written request within the specified time period shall cause forfeiture of the right to extension of final approval. Failure to develop within the specified time limit and improvement requirements shall cause a forfeiture of the right to proceed under the final plan and require resubmission of all materials and reapproval of the same through the preliminary plan procedures. 3. The timing of all extensions of final plan approval shall be coordinated with the approval period established for any subdivision plat approval that is part of the PUD so that any expiration dates are consistent. 4. Final plan approval may occur multiple times under the provisions for phased PUDs described in section 38.430.070. (Ord. No. 1645, § 18.36.060, 8-15-2005; Ord. No. 1693, § 11(18.36.060), 2-20-2007; Ord. No. 1709, § 10(18.36.060), 7-16- 2007; Ord. No. 1830, § 14, 9-24-2012) Sec. 38.430.070. - Phasing of planned unit developments. (38.20.070) A. Applications for phased planned unit developments. If a planned unit development is intended to be developed over time in two or more separate phases, application for approval of a phased planned unit development shall follow procedures established for preapplication review as outlined in this division 38.430. After preapplication review is completed, phased PUDs may be proposed in accordance with one of the following procedures: 1. Application for simultaneous approval of all phases of the PUD. a. Where all phases of a PUD are planned in detail, an application for approval of all phases of the PUD may be made in accordance with preliminary plan review and approval procedures outlined in this division 38.430. In such cases, preliminary plans and all required supplemental information shall clearly set forth phased development boundaries, schedules and other details pertaining to the phasing of the project. b. Upon approval of the preliminary plan for all phases of the PUD, each phase of the development may occur in accordance with the review and approval procedures for final plans as specified in this division 38.430. 2. Application for approval of initial phase of the PUD with subsequent phases master planned and subject to development guidelines. Where the applicant wishes to gain preliminary and final 183 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 178 July 29, 2016 development code redesign.docx approval for the initial phase of a PUD, and further wishes to gain master plan and development guidelines approval for subsequent phases of the PUD, preliminary and final plan review and approval procedures for the initial phase shall be followed in accordance with this division 38.430. A master plan and development guidelines for the remaining phases of the development shall be provided for review and approval as outlined in subsection B of this section. B. Phased PUD approval process. Master plans and development guidelines shall be reviewed and approved according to the procedures established for preliminary plans as established in this division 38.430. When a master plan and development guidelines for a phased PUD have been reviewed and approved by the review authority, each phase of the PUD may be developed in accordance with the review and approval procedures set forth in this division 38.430 for final plan reviews. C. Phased PUD review criteria. 1. In general, the review criteria for phased preliminary and final PUDs shall be the same as that for PUDs as set forth in this chapter. 2. In those cases where master plans and development guidelines are proposed to govern the development of future phases of the PUD, the review authority must determine that the proposed master plan and development guidelines are provided in sufficient detail to support a determination that the phased PUD will comply with all requirements for PUD approval if developed in accordance with the approved master plan and development guidelines. 3. DRB or ADR staff, as applicable, and DRC review and approval of preliminary and final plans, for those phases of a PUD which have an approved master plan and development guidelines, shall ensure compliance and consistency with said master plan and development guidelines. 4. Should DRC, DRB or ADR staff, as applicable, determine that proposals to develop subsequent phases of a PUD are not in compliance with the approved master plan and development guidelines, the determination may be appealed to the city commission subject to the provisions of division 38.250. D. Phased planned unit development submittal requirements. 1. Master plan submittal requirements. Master plans for phased PUDs shall consist of a detailed site plan depicting: a. Existing conditions for the entire phased PUD as required by subsection 38.220.120.A.2 and 3; and b. Proposed conditions pertaining to such elements as building location, open spaces, vehicular and pedestrian circulation, and boundaries of the individual phases of the PUD in as much detail as is required by the evaluation of the preapplication review as outlined in this division 38.430. 2. Development guidelines submittal requirements. Development guidelines for phased PUDs shall be submitted to the planning director as part of the application submittal in one or more orderly documents. Each document shall contain a table of contents and shall be in an 8½- by 11-inch vertical format, bound to open flat for review. All graphic representations shall be in 8½- by 11- inch or 11- by 17-inch format. Development guidelines for phased PUDs shall contain the information as is required by the evaluation of the preapplication review as outlined in this division 38.430. Such information may include, but is not limited to, the following: a. A description of submittal requirements and review procedures for the approval of preliminary and final plans submitted in accordance with the master plan and development guidelines (to be developed with the assistance of staff); 184 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 179 July 29, 2016 development code redesign.docx b. A description of the coordination with any other applicable review procedures, e.g., subdivision review; c. A complete list of proposed or potential land uses; d. Sign guidelines: type, location, design, illumination, size and height; e. Perimeter buffering guidelines with specific regard to adjoining land uses; f. Landscaping guidelines, including a description of the landscaping theme in relation to the streetscape, the buildings on site, and any proposed signage, open space treatment, parking and circulation areas, display areas and screening; g. Design guidelines for outdoor storage and/or display; h. Protective covenants which may include requirements, property owners' association provisions, provisions for maintenance, etc.; i. Parking: guidelines for design, provision for shared facilities, circulation between lots, coordination with sidewalk system, and service areas; j. Dimensional requirements: building heights, setbacks (interior and perimeter), open space, etc.; k. Lighting; l. Architectural guidelines; m. Provisions for utilities, communications and refuse; n. Guidelines for noise, emissions, glare, hazardous materials, etc.; and o. Improvements schedule. E. Open space provisions for phased PUD developments. If a project is to be built in phases, each phase shall include an appropriate share of the proposed recreational, open space, affordable housing and other site and building amenities of the entire development used to meet the requirements of subsection 38.430.090.E.2. The appropriate share of the amenities for each phase shall be determined for each specific project at the time of preliminary approval and shall not be based solely upon a proportional or equal share for the entire site. Requirements may be made for off-site improvements on a particular phased project. F. Final plans for phased PUD developments. Final plans for a planned unit development may be submitted in phases. The final plan shall conform to the preliminary plan of a planned unit development, as approved. G. Duration of phased PUD development guidelines approval. Within a maximum of five years following the approval of development guidelines for a planned unit development, development must commence or the development guidelines must be reviewed for renewal. Any subsequent approvals of a preliminary plan must conform to the development guidelines. (Ord. No. 1645, § 18.36.070, 8-15-2005; Ord. No. 1693, § 11(18.36.070), 2-20-2007; Ord. No. 1709, § 10(18.36.070), 7-16- 2007; Ord. No. 1828, §§ 26, 27, 9-10-2012) Sec. 38.430.080. - Enforcement of approval requirements and conditions. (38.20.080) The failure to comply with any of the terms, conditions of approval or limitations contained on the site plan, landscape plan, building elevations, or other approved documents or other element pertaining to a 185 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 180 July 29, 2016 development code redesign.docx planned unit development which has received final approval from the city may subject the applicant or current landowner to the enforcement remedies contained in section 38.200.160. (Ord. No. 1645, § 18.36.080, 8-15-2005; Ord. No. 1693, § 11(18.36.080), 2-20-2007; Ord. No. 1709, § 10(18.36.080), 7-16- 2007; Ord. No. 1828, § 28, 9-10-2012) Sec. 38.430.090. - Planned unit development design objectives and criteria. (38.20.090) A. General. For any planned unit development proposal to be approved it must first be found, by the review authority, after recommendation from the DRC, DRB or WRB (if applicable), to be in compliance with this chapter including any applicable criteria of this section. B. Land use classifications. 1. The design objectives and criteria with which a planned unit development proposal must comply are dependent upon the designated growth policy land use classification and zoning district of the site proposed for the planned unit development. 2. All planned unit developments are reviewed against the objectives and criteria designated for all development. Each individual planned unit development is then reviewed against the objectives and criteria established for the land use classification of the site on which the proposal is to be located. A planned unit development must satisfy all the objectives and criteria of all applicable groups. 3. In evaluating planned unit developments, the city may determine that certain criteria are not applicable or are irrelevant to a particular development proposal and therefore do not apply to that proposal unless those criteria are applicable to a deviation which is being sought by the applicant. Subsection E of this section contains the groups of objectives and criteria against which planned unit developments are reviewed. C. Evaluation process. The acceptability and performance of a planned unit development proposal shall be evaluated as follows: Each of the relevant objectives and criteria for the applicable land use classification and for all development contained in subsection E of this section, will be answered "Yes," "No" or "Not Applicable" (NA). A "No response" to any of the applicable objectives and criteria will automatically preclude the development proposal from further consideration and eventual approval, unless a deviation is granted by the review authority. An objective or criterion is considered to be applicable if it can reasonably be applied to the development proposal. The applicant shall clearly demonstrate how the planned unit development specifically addresses each applicable objective and criterion. D. Responsibility for impact mitigation. To protect the character of new and existing neighborhoods against intrusive and disruptive development, any negative or adverse impacts shall be effectively mitigated in the planned unit development plan, as per the following guidelines: 1. When two adjacent parcels are developed simultaneously, the responsibility for mitigating conflicts is upon the more intense use. 2. When a use is the first to develop on two adjacent vacant parcels, the first use shall provide the necessary buffer to any reasonable future use as determined by the city. 3. The second use to develop shall, at the time it develops, take all additional steps necessary to mitigate conflicts. 186 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 181 July 29, 2016 development code redesign.docx 4. However, when a planned unit development includes a use or uses which are not otherwise permitted in the underlying zoning district, the responsibility for impact mitigation shall lie exclusively with the planned unit development proposal. E. Design objectives and PUD review criteria. 1. The city will determine compatibility of a project based upon the evidence presented during evaluation of the community design objectives and criteria of this chapter. 2. In addition to the criteria for all site plan and conditional use reviews, the following criteria will be used in evaluating all planned unit development applications. a. All development. All land uses within a proposed planned unit development shall be reviewed against, and comply with, the applicable objectives and criteria of the mandatory "all development" group. (1) Does the development comply with all city design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? (2) Does the project preserve or replace existing natural vegetation? (3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? (4) Does the design and arrangement of elements of the site plan (e.g., building construction, orientation, and placement; transportation networks; selection and placement of landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction of energy use by the project? (5) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the project? (6) Park land. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by section 38.420.020. (7) Performance. All PUDs shall earn at least 20 performance points. Nonresidential developments within the North 19th Avenue/Oak Street corridor shall earn 30 points. Points may be earned in any combination of the following. The applicant shall select the combination of methods but the city may require documentation of performance, modifications to the configuration of open space, or other assurances that the options selected shall perform adequately. (a) Provision of affordable housing. Exclusive of housing used to satisfy division 38.380: (i) Four points for each percent of dwellings to be constructed in the residential development which are provided by donation to the city; or — one point for each build ready lot donated to the city for affordable housing provided by a residential or nonresidential development; or (ii) One point for each percent of dwellings to be constructed in the residential development which are provided by long term contractual obligation to an affordable housing agency, for a period of not less than 20 years, with a written 187 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 182 July 29, 2016 development code redesign.docx plan assuring on-going affordability pricing and eligibility monitoring, and annual re-certification. The city's affordability guidelines and subsequent revisions shall establish affordability and eligibility; (b) Additional open space. (i) One point for each percent of the project area that is provided as non-public open space; or 1¼ points for each percent of the project area that is provided as publicly accessible open space. (ii) The portion of the project to be considered in determining the size of area to be provided for open space shall be the gross project area less areas dedicated and transferred to the public, and/or used to meet the park lands requirements of subsection E.2.a.(6) of this section. The area provided for open space shall be exclusive of yard setbacks on individually owned lots and interior parking lot landscaping, and subject to the performance standards of division 38.420 of this chapter. The area may be provided through a combination of one or more of the following means: (A) Open space within the project boundaries and commonly held by the property owners association for the use of owners, residents and their guests; (B) Open space within the project boundaries and developed as usable recreation space with a corresponding public use easement; (C) Outside of the project boundaries as an addition to an existing off-site park adequate in location and size to meet the recreational needs of the residents; (D) Cash-in-lieu of open space subject to the standards of section 38.420.030; or (E) Open space outside of the project boundaries adequate in size and location to meet the recreational needs of the residential development. The site is subject to the standards of division 38.420 of this chapter and must demonstrate a geographic and service relationship to the residential development. (c) Adaptive reuse of historic buildings. Two points for each ten percent of total number of dwelling units in a residential development which are provided by the adaptive reuse of an individually listed or eligible to be listed historic structure; one point for each ten percent of total commercial and/or industrial floor area which is provided by the adaptive reuse of an individually listed or eligible to be listed historic structure; up to a total of one-third of the performance points required to be earned. (d) Underutilized and brownfield sites. One point for each 50 percent increase in the total square footage of commercial and/or industrial floor area on underutilized sites; one point for each 50 percent increase in the total number of dwelling units on underutilized sites; one point for each acre developed of the environmentally contaminated land; up to a total of one-third of the performance points required to be earned. (e) Designed to meet LEED-ND and be conditionally approved or have pre-certification by the authority (15 points) 188 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 183 July 29, 2016 development code redesign.docx (f) Inclusion of a low impact development plan (6 points) that includes the following: (i) On-site stormwater treatment systems that exceed the requirements of chapter 40, article 4, Stormwater, including but not limited to: incorporating drainage methods and technologies that treat, detain and/or infiltrate stormwater as close as possible to the source of run-off and the use of natural drainage systems across sites, rather than underground closed-pipe systems to the extent feasible. Natural drainage systems reduce the negative impacts of stormwater runoff by redesigning residential streets to take advantage of plants, trees, and soils to clean runoff and manage stormwater flows. Vegetated swales, stormwater cascades, and small wetland ponds allow soils to absorb water, slowing flows and filtering out many contaminants. (ii) The low impact development plan shall be integrated with the snow storage and management plan. (iii) At least 75 percent of new planting should be chosen from the list of Drought Tolerant Plants & Xeriscaping in Montana (2010), produced by the Montana Nursery & Landscape Association, or approved/updated equivalent list approved by the City of Bozeman. Any species listed as noxious or invasive in the state shall be avoided. (iv) Inclusion of weather-based irrigation controllers. (v) Limitations in the covenants or design guidelines on the amount and type of sod permitted. (g) Sustainable design and construction. (6 points) (i) Covenants or design guidelines that include a commitment to design the majority of buildings to meet LEED certification requirements or approved equivalent certification approved by the City of Bozeman. Equivalent certification programs will also be considered during preliminary PUD review. (ii) Energy use reduction. Residential covenants or design guidelines shall include a commitment to build third party certified homes, which meet guidelines that make them at least 20 percent more efficient than standard homes. Nonresidential covenants and design guidelines shall include a commitment to build and certify buildings that meet the EPA's Energy Star challenge or approved equivalent program. Equivalent programs will also be considered during Preliminary PUD review. (iii) Water use reduction. Covenants or design guidelines shall include a commitment to use EPA's WaterSense certified products for all kitchen, bathroom and irrigation hardware. Equivalent programs will also be considered during preliminary PUD review. (iv) Provision of solar, wind or other alternative energy sources or participation in an approved cash-in-lieu program. A coordinated and detailed plan on how the development will address this component shall be submitted. (h) Integrated and coordinated way-finding measures beyond minimum requirements within the overall project. (4 points) (i) On-site recycling transfer station. (4 points) 189 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 184 July 29, 2016 development code redesign.docx (j) Public transportation bus station or enhanced covered bus stop. (1 point per station or enhanced stop) (k) Streetscape improvements (6 points): Streetscape design features that exceed the minimum street standards including street furniture, pedestrian lighting, low-impact development techniques, on-street parking standards, crosswalks, landscape and planting, way-finding, public art or other design elements. Such elements must be installed as part of the street infrastructure. (8) Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? b. Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3, R-4, RMH and R-O zoning districts) may include a variety of housing types designed to enhance the natural environmental, conserve energy, recognize, and to the maximum extent possible, preserve and promote the unique character of neighborhoods, with provisions for a mix of limited commercial development. For purposes of this section, "limited commercial development" means uses listed in the B-1 neighborhood service district (division 38.310 of this chapter), within the parameters set forth below. All uses within the PUD must be sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood. The permitted number of residential dwelling units shall be determined by the provision of and proximity to public services and subject to the following limitations: (1) On a net acreage basis, is the average residential density in the project (calculated for residential portion of the site only) consistent with the development densities set forth in the land use guidelines of the city growth policy? (2) Does the project provide for private outdoor areas (e.g., private yards, patios and balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? (3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? (4) If the project is proposing a residential density bonus as described below, does it include a variety of housing types and styles designed to address community wide issues of affordability and diversity of housing stock? (5) Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? (6) Residential density bonus. If the project is proposing a residential density bonus (30 percent maximum) above the residential density of the zoning district within which the project is located and which is set forth in division 38.310 of this chapter, does the proposed project exceed the established regulatory design standards (such as for setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent neighborhood development? The number of dwelling units obtained by the density bonus shall be determined by dividing the lot area required for the dwelling unit type by one plus the percentage of density bonus sought. The minimum lot area per dwelling obtained by this calculation shall be provided within the project. Those dwellings subject to division 38.380, shall be excluded in the base density upon which the density bonus is calculated. 190 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 185 July 29, 2016 development code redesign.docx (7) Limited commercial. If limited commercial development, as defined above, is proposed within the project, is less than 20 percent of the gross area of the PUD designated to be used for offices or neighborhood service activities not ordinarily allowed in the particular residential zoning district? (a) If neighborhood service activities are proposed within the project, is a market analysis provided demonstrating that less than 50 percent of the market required to support proposed neighborhood service activities is located outside the immediate area of the PUD and are the neighborhood services of a nature that does not require drive-in facilities or justification for through traffic? (b) If the project contains limited commercial development, as defined above, is the project located at the intersection of arterial streets, or arterial and collector streets? (c) If the project contains limited commercial development, as defined above, has the project been sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood and have the commercial activities been developed at a scale compatible with residential development? (8) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? c. Commercial. Planned unit developments in commercial areas (B-1, B-2, B-3 and UMU zoning districts) may include either commercial or multi-household development, however adequate but controlled access to arterial streets is essential. Activities would include a broad range of retail and service establishments designed to serve consumer demands of the city area. (1) If the project contains any use intended to provide adult amusement or entertainment, does it meet the requirements for adult businesses? (2) Is the project contiguous to an arterial street, and has adequate but controlled access been provided? (3) Is the project on at least two acres of land? (4) If the project contains two or more significant uses (for instance, retail, office, residential, hotel/motel and recreation), do the uses relate to each other in terms of location within the PUD, pedestrian and vehicular circulation, architectural design, utilization of common open space and facilities, etc.? (5) Is it compatible with and does it reflect the unique character of the surrounding area? (6) Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces? (7) Does the project encourage infill, or does the project otherwise demonstrate compliance with the land use guidelines of the city growth policy? (8) Does the project provide for outdoor recreational areas (such as additional landscaped areas, open spaces, trails or picnic areas) for the use and enjoyment of those living in, working in or visiting the development? d. Industrial. Planned unit industrial developments in industrial areas (M-1, M-2, BP and NEHMU zoning districts) may include employment, wholesaling, manufacturing and utility centers for the community. The particular types or combination of uses shall be determined based upon 191 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 186 July 29, 2016 development code redesign.docx its merits, benefits, potential impact upon adjacent land uses and the intensity of development. (1) Is the project located adjacent to an arterial or collector street that provides adequate access to the site? (2) Is the project developed such that the least intense uses shall be located along the arterial streets, where visibility to the public is likely? More intense uses such as heavy industrial uses and warehousing activities will be located away from the arterial streets, buffered by the other uses. (3) Does the project utilize a landscaping theme that will tie adjacent uses or projects together? (4) Is the project being developed on land substantially surrounded by property approved for development or developed property with existing services and utilities already available? e. Mixed use. Planned unit developments in mixed-use areas (REMU, UMU zoning districts) may include commercial, light industrial, residential and mixes of various primary and accessory uses. The particular types or combination of uses shall be determined based upon its merits, benefits, potential impact upon adjacent land uses and the intensity of development. (1) Is the project substantially consistent with the intent and purpose statements for the underlying zoning district? (2) Is the project located adjacent or within proximity to an arterial or collector street that provides adequate access to the site? (3) Is the project on at least two acres of land? (4) Do the uses relate to each other in terms of location within the PUD, pedestrian and vehicular circulation, architectural design, utilization of common open space and facilities, streetscape, etc.? (5) Does the overall project achieve or exceed the FAR "floor area ratios" envisioned for the underlying district? (6) Is it compatible with and does it reflect the unique character of the surrounding area? (7) Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces? (8) Does the project encourage infill, or does the project otherwise demonstrate compliance with the land use guidelines of the Bozeman growth policy? (9) Does the project provide for outdoor recreational areas (such as urban plazas, courtyards, landscaped areas, open spaces, or urban trails) for the use and enjoyment of those living in, working in or visiting the development? (10) Does the project provide for private outdoor areas (e.g., private yards, patios and/or balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? (11) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? 192 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 187 July 29, 2016 development code redesign.docx (12) Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? (13) If the project is proposing a residential density bonus as described below, does it include a variety of housing types and urban styles designed to address community wide issues of affordability and diversity of housing stock? (14) Residential density bonus. If the project is proposing a residential density bonus (30 percent maximum) above the residential density of the zoning district or building type within which the project is located and which is set forth in division 38.310 of this chapter does the proposed project exceed the established regulatory design standards (such as for setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent neighborhood development? The number of dwelling units obtained by the density bonus shall be determined by dividing the lot area required for the dwelling unit type by one plus the percentage of density bonus sought. The minimum lot area per dwelling obtained by this calculation shall be provided within the project. Those dwellings subject to article 8 of chapter 10 shall be excluded in the base density upon which the density bonus is calculated. (Ord. No. 1645, § 18.36.090, 8-15-2005; Ord. No. 1693, § 11(18.36.090), 2-20-2007; Ord. No. 1709, § 10(18.36.090), 7-16- 2007; Ord. No. 1802, §§ 4—6, 4-11-2011; Ord. No. 1828, §§ 29—31, 9-10-2012) Sec. 38.430.100. - North 19th Avenue/West Oak Street entryway corridors. (38.20.100) A. Intent and purpose. It is the intent and purpose of this section to establish the planned unit development (PUD) and/or master site plan review procedures as a method to guide future growth and development within the area of the North 19th Avenue/West Oak Street Corridor Master Plan. It is further intended to ensure that future growth and development will occur in accord with the goals and objectives of the North 19th Avenue/West Oak Street Corridor Master Plan and it successors as a subarea plan to the city growth policy. B. Application. Planned unit development or master site plan provisions shall apply to all nonresidential development proposals located in the North 19th Avenue and West Oak Street Entryway Corridor areas as designated on the land use plan of the North 19th Avenue/West Oak Street Corridor Master Plan and on the city's official zoning map as follows: 1. North 19th Avenue (Class I and Class II corridor). All nonresidential development within the North 19th Avenue Entryway Corridor, between Durston Road and the North 19th Avenue- Interstate 90 Interchange, measured 660 feet from the centerline of North 19th Avenue, exclusive of the following: a. Between Durston Road and the south boundary of Covered Wagon Mobile Home Court, a Class II entryway corridor overlay classification shall be applied to the east side of North 19th Avenue, measured 330 feet from the centerline of North 19th Avenue. 2. West Oak Street (Class I and Class II corridor). All nonresidential development within the West Oak Street Entryway Corridor between North 7th Avenue and Rose Park shall be applied within such corridor as follows: a. Between North 7th Avenue and North 19th Avenue, measured 660 feet from the centerline of West Oak Street; or b. Between North 19th Avenue and the east boundary of Rose Park, measured 330 feet from the centerline of West Oak Street. 193 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 188 July 29, 2016 development code redesign.docx C. It is required that any developments subject to this section comply with all of the specific development standards of the design objectives plan for North 19th Avenue/West Oak Street Corridors. Any proposed master site plan may not include more than two dimensional deviations under section 38.340.170. Applications which have three or more deviations shall be submitted as a planned unit development. Residential developments within this corridor are not required to be developed as a planned unit development, but do need to comply with the specific development standards of the design objectives plan for North 19th Avenue/West Oak Street Corridors. (Ord. No. 1645, § 18.36.100, 8-15-2005; Ord. No. 1693, § 11(18.36.100), 2-20-2007; Ord. No. 1709, § 10(18.36.100), 7-16- 2007; Ord. No. 1832, § 2, 6-18-2012) 194 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 189 July 29, 2016 development code redesign.docx ARTICLE 5. PROJECT DESIGN 38.500 Block frontage standards (Article 44) Sec. 38.500.010. – Block frontage. (38.44.010) A. Applicability. The provisions of this division 38.500 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 38.500.010.A identifies the block frontage designations for existing and future streets within the B-2M district along, adjacent to and near North 7th 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 designation. 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 approval based on adopted goals and policies and existing and/or planned site context. 195 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 190 July 29, 2016 development code redesign.docx Figure 38.500.010.C. Community design framework map for the B-2M district. 196 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 191 July 29, 2016 development code redesign.docx 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 38.500.010.E summarizes standards for each of the four designated block frontage types. Specific standards for each of the block frontage types set forth below: Figure 38.500.010.E Summary of 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 38.500.010.E.1 provides a depiction of relationship between the street, sidewalk and storefront for a property designated for a storefront block frontage. 197 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 192 July 29, 2016 development code redesign.docx Figure 38.500.010.E.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 height 13’ minimum (applies to new buildings only). Retail space depth 20’ minimum (applies to new buildings only),  Building placement Required at front property line/back edge of sidewalk. Additional setbacks are allowed for widened sidewalk or pedestrian-oriented space. Building entrances Must face the street. For corner buildings, entrances may face the street corner. Façade transparency At least 60% of ground floor between 30” and 10’ above the sidewalk.  Display windows may count for up to 50% of the transparency requirement provided 198 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 193 July 29, 2016 development code redesign.docx Element Standards Examples & Notes they are at least 30” in depth to allow for changeable displays. Tack-on display cases shall not qualify as transparent window areas. Weather protection Weather protection with 8-15’ vertical clearance at least 5’ in average depth along at least 60% of façade.  Retractable awnings may be used to meet these requirements. Parking & driveways Also see division 38.540 of this chapter for related parking requirements New surface and structured parking areas (ground floor) shall be placed to the side or rear of structures and are limited to 60’ of street frontage.  Provide a 6’ minimum buffer of landscaping between the street and off street parking areas meeting the performance standards of division 38.550.  Sidewalk width 12 feet minimum between curb edge and storefront (area includes clear/buffer zone with street trees) d. Departure criteria. Departures to the above standards that feature the  symbol will be considered by the review authority 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 and configuration of the space is viable for a variety of permitted retail uses; (2) FAÇADE TRANSPARENCY: The proposed alternative design treatment of façade 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 façade between 30 inches and ten feet above the sidewalk may be approved with a departure; (3) WEATHER PROTECTION: Other proposed alternative design treatments must provide 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. 199 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 194 July 29, 2016 development code redesign.docx 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 38.500.010.E.2.b provides a depiction of relationship between the street, sidewalk and storefront for a property designated for a mixed block frontage. OR Storefront Landscaped Frontage Figure 38.500.010.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 Table 38.310.030 for authorized uses details. Floor to ceiling height 13’ minimum for storefront buildings and areas where ground floor commercial uses are required (applies to new buildings). Ground floor height, residential uses For buildings within 15’ of a sidewalk, elevate between 2’ to 5’ above the sidewalk level, except for designated ADA accessible units. The intent is to ease the transition between a home and the public area, improve privacy for the residential units, and increase opportunities for social exchange. 200 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 195 July 29, 2016 development code redesign.docx Element Standards Examples & Notes Retail space depth 20’ minimum (applies to new buildings only).  Building placement Buildings may be placed 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 entrances Building entrances shall be visible and directly accessible from the street. For uses that front on multiple mixed designated block frontages, an entry along both streets is encouraged, but not required. Façade transparency Generally, the amount of transparency of facades depends on the use and setback from the street. Any storefront buildings on these block frontages must meet the storefront block frontage transparency standards above.  Other buildings designed with non- residential uses on the ground floor within 10’ of sidewalk, at least 40% of the ground floor between 4’-8’ above the ground level surface.  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.  Residential buildings, at least 15% of the entire façade (all vertical surfaces generally facing the street).  Windows shall be provided on all habitable floors of the façade. Façade transparency - residential building example. Weather protection Any storefront buildings on these block frontages must meet the Storefront block frontage weather protection standards above.  Otherwise, provide weather protection at least 3’ deep over primary business and residential entries. 201 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 196 July 29, 2016 development code redesign.docx Element Standards Examples & Notes Parking & driveways Also see division 38.540 of this chapter for related parking requirements Parking shall be placed to the side, rear, below or above uses. For multi-building developments, surface and structured parking areas (ground floor) are limited to no more than 50% of the street frontage.  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 façade width. Provide a 10’ minimum buffer of landscaping between the street and off street parking areas meeting the performance standards of division 38.550 of this chapter.  New parking structures shall feature landscaped setbacks at least 10’ in width.  Landscaping Also see division 38.550 of this chapter for related landscaping standards The area between the street and building shall be landscaped and/or private porch or patio space. For setbacks adjacent to buildings with windows, provide low level landscaping that maintains views between the building and the street. Also provide plant materials that screen any blank walls and add visual interest at both the pedestrian scale and motorist scale. For extended wall areas, provide for a diversity of plant materials and textures to maintain visual interest from a pedestrian scale. A good example of low level landscaping that screens foundation walls, provides visual interest, and maintains views from dwelling units to the street. 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. 202 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 197 July 29, 2016 development code redesign.docx d. Departure criteria. Departures to the above standards that feature the  symbol will be considered by the review authority 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 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. Figure 38.500.010.C.2.d. Stoop examples. (3) FAÇADE TRANSPARENCY: The proposed alternative design treatment of façade 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 façade 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 (5) 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 frontage designation 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 38.500.010.E.3 provides a depiction of relationship between the street, sidewalk and storefront for a property designated for a landscaped block frontage. 203 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 198 July 29, 2016 development code redesign.docx Figure 38.500.010.E.3. Landscaped block frontage vision and key standards. c. Standards. All development within the B-2M and R-5 districts designated as landscaped block frontage must comply with the following standards: Element Standards Examples & Notes Ground floor: Land use See Table 38.310.030 for permitted use details. Ground floor height, residential uses For buildings within 15’ of sidewalk, elevate between 2’ to 5’ above the sidewalk level, except for designated ADA accessible units. Building placement 10’ minimum setback from the sidewalk is required. Building entrances Building entrances shall be visible and directly accessible from the street.  For uses that front on multiple mixed designated block frontages, an entry along both streets is encouraged, but not required. 204 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 199 July 29, 2016 development code redesign.docx Element Standards Examples & Notes Façade transparency For buildings designed with ground level non-residential uses, at least 25% of the ground floor between 4’-8’ above the sidewalk.  For residential uses, at least 15% of the entire façade (all vertical surfaces generally facing the street).  Windows shall be provided on all habitable floors of the façade. Façade transparency - residential building example. Weather protection Provide weather protection at least 3’ deep over primary business and residential entries. Parking & driveways Also see division 38.540 of this chapter for related parking requirements Parking shall be placed to the side, rear, below or above uses. For multi- building developments, surface and structured parking areas (ground floor) are limited to no more than 50% of the street frontage.  Private or shared garage entries shall occupy no more than 50% of façade width. Provide a 10’ minimum buffer of landscaping between the street and off street parking areas meeting the performance standards of division 38.550 of this chapter.  New parking structures shall feature landscaped setbacks at least 10’ in width.  Landscaping Also see division 38.550 of this chapter for related landscaping standards The area between the street and building shall be landscaped and/or private porch or patio space. For setbacks adjacent to buildings with windows, provide low level landscaping that maintains views between the building and the street. Also provide plant materials that screen any blank walls and add visual interest at both the pedestrian scale and motorist scale. For extended wall areas, provide for a diversity of plant materials and textures to maintain visual interest from a pedestrian scale. Example of low level landscaping that screens foundation walls, provides visual interest, and maintains views from dwelling units to the street. 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 205 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 200 July 29, 2016 development code redesign.docx Element Standards Examples & Notes 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  symbol will be considered by the review authority provided the alternative proposal meets the intent of the standards, plus the following criteria: (1) BUILDING ENTRANCES. Block frontages 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) FAÇADE TRANSPARENCY: The proposed alternative design treatment of façade 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 façade between 30 inches and ten feet above the sidewalk may be approved with a departure; (3) 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. Description/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 land use Land use See Table 38.310.030 for permitted use details. Ground floor height, residential uses For buildings within 15’ of sidewalk, elevate between 2’ to 5’ above the sidewalk level, except for designated ADA accessible units. Building placement Where allowed in the applicable zoning district, buildings may be placed up to the sidewalk edge provided Storefront block frontage standards above are met (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 entrances Building entrances facing the street are 206 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 201 July 29, 2016 development code redesign.docx Element Standard Examples & Notes 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. Façade transparency For storefronts, at least 60% of ground floor between 30” and 10’ above the sidewalk is required.  Other buildings designed with non- residential uses on the ground floor within 10’ of sidewalk, at least 30% of the ground floor between 4’-8’ above the sidewalk.  Other buildings, at least 10% of the entire façade (all vertical surfaces generally facing the street).  Façade transparency - residential building example. Weather protection At least 3’ deep over primary business and residential entries. Parking location Also see division 38.540 of this chapter for related parking requirements There are no parking lot location restrictions, except that a 10’ buffer of landscaping between the street and off street parking areas meeting the performance standards of division 38.550 of this chapter.  Landscaping Also see division 38.550 of this chapter for related landscaping standards The area between the street and building shall be landscaped and/or private porch or patio space. For setbacks adjacent to buildings with windows, provide low level landscaping that maintains views between the building and the street. Also provide plant materials that screen any blank walls and add visual interest at both the pedestrian scale and motorist scale. For extended wall areas, provide for a diversity of plant materials and textures to maintain visual interest from a pedestrian scale. Example of low level landscaping that screens foundation walls, provides visual interest, and maintains views from dwelling units to the street. 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  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 design 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. 207 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 202 July 29, 2016 development code redesign.docx (2) FAÇADE TRANSPARENCY. The design treatment of a façade and/or landscape element provides visual interest to the pedestrian and mitigates impacts of any blank wall area. 5. Where a property fronts onto multiple streets/frontage designations.Where a property fronts onto more than one street and each street 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; ii. Mixed; iii. 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 (on 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 may approve a reduction in the minimum amount of transparency by 50 percent. For street corners with the same designations on both frontages, buildings must employ the full transparency on the dominant frontage (based on the frontage width or established neighborhood pattern). e. Parking: Surface parking (including ground floor parking in a structure) adjacent to a street corner is not allowed, except: i. Corner lots with non-designated frontages (other) on both streets; ii. Other combination of block frontages, except those with a storefront designation, via a departure and subject to the applicable departure criteria. 208 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 203 July 29, 2016 development code redesign.docx Figure 38.500.010.C.5. Clarifying block frontage standards on street corners. 209 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 204 July 29, 2016 development code redesign.docx 38.540 Off-street parking (Article 25) Sec. 38.540.010. - General provisions. (38.25.010) A. Parking is one part of the overall multimodal transportation system. Individual choice of travel mode and development characteristics influences the need for parking. The purpose of this division 38.540 in requiring parking spaces is ensure provision of off-street motor vehicle parking, bicycle parking, and other transportation access facilities in rough proportion to the generalized parking and transportation demands of different land uses which locate at a site. Some sites such as those that are located in close proximity to transit, have good access to pedestrian facilities or have off-set peak uses may require less on-site parking. The purpose of these standards is to provide functional parking areas adequate to the needs of users, create shaded areas within parking lots, reduce glare and heat build-up, reduce stormwater surges, provide visual relief within paved parking areas, emphasize circulation patterns, avoid the negative impacts associated with spillover parking into adjacent neighborhoods, while at the same time avoiding the negative environmental and urban design impacts that can result from excessive parking lots and other vehicular use areas, and enhance the visual environment. The provisions of this division 38.550 are also intended to help protect the public health, safety, and general welfare by: helping avoid and mitigate traffic congestion; encouraging multimodal transportation options and enhanced pedestrian safety; providing methods to reduce the amount of impervious surfaces in parking areas and adequate drainage structures in order to reduce the environmental impacts of stormwater runoff; encouraging paving or alternate means of surfacing of parking areas in order to address dust abatement and improve air quality; and providing flexible methods of responding to the transportation and access demands of various land uses in different areas of the city. In achieving these purposes this division 38.550 interacts with the requirements of division 38.550 of this chapter. The design of off-street parking shall primarily be the responsibility of the developer and shall consider traffic circulation, intended landscaping, pedestrian access and circulation, and other purposes of this chapter. 1. Floor area. a. The term "floor area," for the purpose of calculating the number of off-street parking spaces required, shall mean 85 percent of the gross floor area, as defined in article 7 of this chapter. However, at the election of the property owner, floor area shall mean the gross floor area, as defined in article 7 of this chapter, minus the following: (1) Window display areas; (2) Storage areas; (3) Areas used for incidental repair of equipment used or sold on the premises; (4) Areas occupied by toilets and restrooms, kitchens or break rooms; (5) Areas occupied by public utility facilities; (6) Areas occupied by dressing rooms, fitting or alteration rooms incidental to the sale of clothing; (7) Areas occupied by stairways and elevators; (8) Corridors connecting rooms or suites of rooms; and (9) Enclosed areas used for parking vehicles. Such election shall be made in writing to the planning director, shall be signed and acknowledged by the owner, and shall be filed with the planning director prior to the 210 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 205 July 29, 2016 development code redesign.docx issuance of a building permit for such building. The owner shall also be responsible for certifying other information upon which parking requirements may be based, such as seats, and the number of employees on maximum working shift. b. Where applicable, the number of spaces required in section 38.540.050 will be the total of the spaces required for the component activities of certain uses, each calculated separately. 2. Change of use or occupancy of buildings. With any change of use or occupancy of any building or buildings an occupancy permit is required. When the change in use or occupancy requires more than a ten percent cumulative increase in parking over that required with the initial building construction, an occupancy permit shall not be issued until such additional parking spaces, in the amount required by this chapter, are provided for. 3. Improvement schedule. All parking area improvements to include surfacing, drainage, walkways, lighting, landscaping, screening, traffic control, etc., shall be installed according to the provisions of division 38.270 of this chapter. 4. Stacking of off-street parking spaces. Required parking spaces shall be located so as to preclude stacking of off-street parking spaces, with the exception of single- household dwellings and individual townhouse and condominium units, 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 length is provided between the parking area in the driveway and dividing the garage entrance. Generally, not more than two cars may be stacked. When stacking is allowed, not more than two vehicles may be stacked within an enclosed parking area. 5. No parking permitted in required front or side yards. Required parking spaces shall not be located in any required front or side yard, except that detached single-household dwellings and townhouses, and duplexes with physically separated individual driveways, may have one space located within a driveway area in the required front yard for each parking space located directly in front of the driveway area and outside of the required front yard. 6. Parking is permitted within required rear yards. (Ord. No. 1645, § 18.46.010, 8-15-2005; Ord. No. 1693, § 15(18.46.010), 2-20-2007; Ord. No. 1761, exh. I(18.46.010), 7-6- 2009; Ord. No. 1769, exh. H(18.46.010), 12-28-2009) Sec. 38.540.020. - Stall, aisle and driveway design. (38.25.020) A. Parking dimensions. The following shall be the minimum parking space dimensions: Table 38.540.020: Dimensions of Parking Spaces and Modules Parking Angle Stall Length (A) Stall Width (B) Projection (C) Parking Aisle One-Way / Two- Way (D) Module One- Way / Two- Way (E) Interlock Reduction (F) Standard Parking Space - surface and structured parking facilities 30° 18' 9' 16.79' 13' / 21' 44.58' / 51.58' 2' 45° 18' 9' 19.09' 13' / 21' 51.18' / 58.18' 2' 60° 18' 9' 20.09' 16' / 21' 56.18' / 61.18' 1' - 6" 211 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 206 July 29, 2016 development code redesign.docx Parking Angle Stall Length (A) Stall Width (B) Projection (C) Parking Aisle One-Way / Two- Way (D) Module One- Way / Two- Way (E) Interlock Reduction (F) 75° 18' 9' 19.72' 16' / 21' 55.44' / 60.44' 1' 90° 18' 9' 18.0' — / 24' — / 60.0' — Compact Parking Space - surface and structured parking facilities 30° 16' 8' 15.79' 13' / 21' 42.58' / 49.58' 2' 45° 16' 8' 17.69' 13' / 21' 48.38' / 55.38' 2' 60° 16' 8' 18.36' 16' / 21' 52.72' / 52.72' 1' - 6" 75° 16' 8' 17.78' 16' / 21' 51.56' / 56.56' 1' 90° 16' 8' 18.0' — / 24' — / 56.0' — Individual Residential Garage Dimensional Standards - subject to 38.540.010.A.4 Number of Stalls Stall Length (A) Stall Width (B) Special Conditions 1 20' 9' Additional one foot on all exterior sides of the stall 2 or more 20' 9' Additional one foot on all exterior sides of the stalls Notes: 1 Unless otherwise approved, all parking spaces shall be of standard width and length. In any parking facility containing 20 or more parking spaces, a maximum of 25 percent of the provided parking spaces may be reduced in size for small cars, provided these spaces shall be clearly identified with a sign permanently affixed immediately in front of each space containing the notation, "Compacts Only." Where feasible, all small car spaces shall be located in one or more contiguous areas and/or adjacent to ingress and egress points within parking facilities. Location of compact car parking spaces shall not create traffic congestion or impede traffic flows. 2 The first ADA accessible parking stall shall meet the standards of section 38.540.050.A.4.a. 212 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 207 July 29, 2016 development code redesign.docx Figure 38.540.020 A, Parking stall dimensions Figure 38.540.020 B Parking aisles from Table 38.540.020 B. Within structures. The off-street parking requirements may be furnished by providing spaces so designated within the principal building or accessory parking structure. However, no building permit shall be used to convert the parking structures into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this chapter. C. Circulation between bays. Except in the case of one- to three-household dwellings and individual townhouse units, parking areas shall be designed so that circulation between parking bays occurs 213 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 208 July 29, 2016 development code redesign.docx within the designated parking lot and does not depend upon a public street or alley. Turning radii between bays and additional backup length for dead end aisles shall conform to requirements of the International Fire Code. D. Backing requirements. All required parking must have adequate back-up maneuverability as specified in Table 38.540.020. The aisle width calculation may incorporate the width of the public right-of- way. Except in the case of one- to four-household dwellings and individual townhouse-style units with individual garages, parking area design which requires backing into the public street is prohibited. With the exception of residential development, parking area design which requires backing into the public alley is prohibited. An exception to the prohibition to backing into the alley by nonresidential development may be granted by the review authority when function of the alley will not be impeded and when necessary due to local site conditions. E. Parallel parking spaces. Parallel parking spaces shall be a minimum of 24 feet in length and seven feet in width measured from the inside edge of a curb or the inside edge of the asphalt if curbing is not present. Figure 38.540.020 C. Parallel parking layout F. Surfacing. Except for one-household development on individual lots, all areas intended to be utilized for permanent parking space and driveways shall control dust and drainage. All proposed parking areas and driveway improvements shall require a grading and drainage plan approved by the review authority. Areas shall be paved with concrete or asphaltic concrete or approved pavers; or an alternative surfacing method such as pervious pavement may be used subject to review and approval by the review authority. Surfacing methods which minimize stormwater runoff and provide for functional parking and circulation are encouraged. 1. However, paving shall not be required for permitted and conditional uses in the R-S zoning districts when all of the following circumstances exist: a. The use is required to provide fewer than 15 parking spaces and no loading spaces under the provisions of this section; b. The lot or tract on which the use is located is not adjacent to a paved street or road; and c. The applicant shall enter into an improvements agreement with the city agreeing that the lot shall be paved within nine months of the time an adjacent roadway is paved. G. Striping. All parking stalls shall be marked with white or yellow painted lines not less than four inches wide, except for one- to three-household dwellings and individual townhouse units. An exception to this requirement may be approved by the city when the striping would otherwise be applied to an area that does not have a permanent and durable wearing surface. 214 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 209 July 29, 2016 development code redesign.docx H. Lighting. Any lighting used to illuminate an off-street parking area shall comply with the lighting standards of section 38.570.010. I. Signs. No sign shall be so located which restricts the sight lines and orderly operation and traffic movement within any parking area. All signs shall conform to the requirements of division 38.560 of this chapter. J. Parking lot curbing. 1. All open off-street parking areas and driveways shall have perimeter concrete curb around the entire parking lot, including driving access ways, except for individual townhouse units and one- to three-household dwellings. Continuous concrete curbing shall be built according to standards provided by the review authority. Unless otherwise approved, the perimeter curb shall be six- inch by six-inch concrete. 2. Concrete pindown wheel stops may be permitted as an alternative to continuous concrete curbing in front of parking spaces which front on the perimeter of the parking lot. However, continuous concrete curbing as described above shall be provided in all situations where deemed necessary by the review authority to control drainage and soil erosion. 3. Alternative perimeter treatment may be permitted subject to the approval of the city engineer. 4. Requirements for perimeter curbing shall not preclude opportunities for shared access between adjacent parking lots. K. Protruding vehicles. All on-site parking stalls which abut property lines shall be designed and constructed such that parked vehicles shall not protrude over property lines. L. Pedestrian facilities in parking lots. Concrete sidewalks a minimum of three feet in width shall be provided between any existing or proposed building and adjacent parking lot. Where sidewalk curbs serve as wheel stops, an additional two feet of sidewalk width is required. Figure 38.540.020 D. Curb stops M. Snow removal storage areas. Snow removal storage areas shall be provided sufficient to store snow accumulation on site. Such areas shall not cause unsafe ingress/egress to the parking areas, shall not cause snow to be deposited on public rights-of-way, shall not include areas provided for required parking access and spaces, and shall not be placed in such a manner as to damage landscaping. All snow removal storage areas shall be located and designed such that the resultant stormwater runoff is directed into landscaped retention/detention and water quality improvement facilities as required by the engineering department, or in compliance with the storm drainage provisions of chapter 40 article 4, and/or best practices manual. N. Parking and stacking for drive-in/drive-through facilities. Required parking and stacking spaces for waiting automobiles shall provide a minimum of two stalls and six spaces for stacking per lane unless 215 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 210 July 29, 2016 development code redesign.docx a traffic summary shows that fewer spaces may be required. These spaces shall not in any manner inhibit on-site or off-site vehicular circulation. O. Ownership/leasehold. Required parking lots shall be owned or leased by the owner or lessee of the building or use being served by such parking. Such parking lots shall be maintained as a parking lot so long as the building and/or use served is in operation or until another approved parking area is established for such building or use. P. Stormwater drainage. Stormwater drainage from parking lots shall be directed into landscaped detention/retention facilities and water quality improvement facilities as required by the engineering department, or in compliance with the storm drainage provisions of chapter 40 article 4, and/or best practices manual adopted by the city. Q. Mechanical automobile lifts. Mechanical automobile lifts may be used to meet required parking when the mechanical automobile lift design allows for access to a specific car on demand. Parking spaces within the lift may be counted towards the required parking requirement. The mechanical automobile lift shall be fully enclosed in a structure. (Ord. No. 1645, § 18.46.020, 8-15-2005; Ord. No. 1693, § 15(18.46.020), 2-20-2007; Ord. No. 1761, exh. I(18.46.020), 7-6- 2009; Ord. No. 1769, exh. H(18.46.020), 12-28-2009; Ord. No. 1828, §§ 61—63, 9-10-2012; Ord. No. 1830, §§ 23—25, 9-24- 2012; Ord. No. 1905, § 2, 2-2-2015) Sec. 38.540.030. - Structured parking facility development standards. (38.25.025) A. All above ground structured parking facilities, regardless of location within the city, shall conform to chapters 1 through 4 of the design objectives plan established pursuant to division 38.340 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: 1. Single-household dwellings and individual townhouse and condominium units, 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 length is provided between the parking area in the driveway and dividing the garage entrance; and 2. For development in the R-5 and B-2M districts, the applicable structured parking provisions in division 38.500 (Block Frontage Standards) shall take precedence over any conflicting provisions of division 38.340 or related standards in this section. B. Building standards. 1. Intent: To promote an active and diverse streetscape, parking structures should be located behind buildings in the interior of blocks or below grade. Parking garages that front streets should line the parking garage at the street level with an active use. a. Street designs accommodate on street parking and pedestrian mobility. Parking lots and garages rarely front the streets, and are typically relegated to the rear of the lot and the center of blocks. b. Parking garages should be located in the interior of blocks. Parking garages that front onto streets shall provide a lining of retail, office, or residential use at the street level along the entire street frontage. Parking garages that provide this lining of retail, office, or residential use at the street level are classified as mixed-use buildings. 216 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 211 July 29, 2016 development code redesign.docx 2. In all districts, all commercial floor space wrapping a parking structure on the ground floor shall have a minimum floor-to-ceiling height of 12 feet. 3. Structured parking facilities shall provide transparency along at least 50 percent of the linear length of the building's façade. This may be achieved with windows, displays, building lobbies, building entrances, display windows, or windows affording views into retail, office, or lobby spaces. This requirement shall apply to both frontages of a building located on a corner lot. a. The bottom edge of any window or product display window used to satisfy the transparency standard of this subsection B.3 may not be more than four feet above the adjacent sidewalk. b. Product display windows used to satisfy these requirements shall have a minimum height of four feet and be internally lighted. 4. Street-level openings on parking structures shall be limited to those necessary for retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator lobbies. Parking structures adjacent to streets shall have architectural detailing such as, but not limited to, standard size masonry units such as brick, divided openings to give the appearance of windows, and other techniques to provide an interesting and human-scaled appearance on the story adjacent to the sidewalk. 5. Buildings shall be articulated with modules, architectural detailing, individual floors visually expressed in the facade, and rhythm and pattern of openings and surfaces shall be human-scale. 6. Buildings shall be oriented to the adjacent public or private street. (Ord. No. 1905, § 4, 2-2-2015) Sec. 38.540.040. - Maintenance of parking areas. (38.25.030) A. It shall be the joint and separate responsibility of the lessee and owner of the principal use, uses or building to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping and required fences or screening. 1. Use of required parking areas for parking only. Required off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles, except when permitted as a temporary use. 2. Parking spaces identified and maintained. All residential occupancies shall provide required off- street parking spaces. When enclosing a carport or garage for storage or living purposes, an affidavit shall be submitted to the planning director identifying the required parking spaces necessary to comply with section 38.540.050. (Ord. No. 1645, § 18.46.030, 8-15-2005; Ord. No. 1693, § 15(18.46.030), 2-20-2007; Ord. No. 1761, exh. I(18.46.030), 7-6- 2009; Ord. No. 1769, exh. H(18.46.030), 12-28-2009) Sec. 38.540.050. - Number of parking spaces required. (38.25.040) 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 38.540.050-1 shall be provided subject to the adjustments allowed in this subsection 1. The number of disabled 217 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 212 July 29, 2016 development code redesign.docx parking stalls as required by Table 38.540.050-6 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. (1) 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 parking spaces required for a development. The number of on-street spaces calculated shall not exceed the number of dwellings on the lot. The width of drive accesses, designated nonparking areas, vision triangles, and similar circumstances shall not be considered to be available for the purpose of on-street parking space. _____ Table 38.540.050-1 Dwelling Types Parking Spaces Required per Dwelling Accessory dwelling unit 1 Lodginghouse 0.75 spaces per person of approved capacity 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 2 (1.75 in R-5 and B-2M districts) Three-bedroom 3 (2.5 in R-5 and B-2M districts) Dwellings with more than three bedrooms 4 (3 in R-5 and B-2M districts) Group homes and community residential facilities 0.75 spaces per person of approved capacity1 Bed and breakfast 1 space/rental unit Manufactured home 2 All types of dwellings within the B-3 district 1 Group living /cooperative household/fraternity/sorority 1 space per resident1 1A facility may request to provide fewer parking spaces if they provide evidence that some or all the residents are prohibited from operating motor vehicles. Under no condition shall less than two parking spaces be provided. If the use of the facility is altered to serve a different population who may operate motor vehicles, then the additional required parking shall be provided before the change in use may occur. b. Adjustments to minimum requirements. (1) Affordable housing. When calculating the amount of required parking for affordable housing, as defined in article 7 of this chapter, if the project is guaranteed for use as affordable housing for a minimum period of 20 years and the use as affordable housing is subject to long term monitoring to ensure compliance and continued use as affordable housing, Required parking spaces shall be calculated based on number of bedrooms outlined in Table 38.540.050-1, but shall not exceed two spaces per unit. 218 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 213 July 29, 2016 development code redesign.docx (2) Residential uses in mixed-use projects. In order to utilize this section, the long term availability of the nonresidential parking spaces upon which the use of this section was based shall be ensured to the residents of the project. For the purpose of this section a building is considered mixed-use if the nonresidential portion of the building is at least one-quarter of the gross square feet not used for parking. Residences in mixed-use buildings may count on-street parking per subsection 1.a.(1) of this section even if the area is subject to occupancy time limits. The use of this section does not preclude the use of other sections of this chapter which may have the effect of reducing the required amount of parking. When calculating the amount of required parking for residential uses within a mixed-use project the amount of parking may be reduced subject to Table 38.540.050-2. Table 38.540.050-2 Reduction Allowed Ratio of Required Nonresidential to Required Residential Parking Spaces 50% Greater than 1:1 but less than 3:1 100% Equal to or greater than 3:1 (3) A car-sharing agreement meeting the criteria established by the planning director may be used to meet the required number of parking spaces. To use this option the development must have more than five dwelling units. Each vehicle provided through a car sharing agreement counts as required parking at a ratio of one dedicated car-share space to five standard spaces, up to a maximum of 50 percent of the total required residential parking. (4) Transit availability. A residential development subject to site plan review may take a ten percent reduction in required parking spaces where the development is within 800 feet of a developed and serviced transit stop. For the purpose of this subsection a transit stop is eligible when it has a shelter installed which meets the standards of and is approved by the transit provider, and service is provided on not less than an hourly schedule a minimum of five days per week. 2. Nonresidential uses. a. Minimum requirements. The number of spaces shown in Table 38.540.050-3 shall be provided subject to the adjustments allowed by this division 38.550. Spaces are not required to be provided free to the user. The required number of disabled parking stalls required by the Americans with Disabilities Act Accessibility Guidelines (ADAAG) shall be provided from the minimum number of required parking stalls. Table 38.540.050-6 presents the most common requirement for accessible spaces. Accessible spaces count towards satisfying minimum parking requirements. All site plans submitted for permit purposes shall identify parking space allocations. When a use is not included in Table 38.540.050-2, the review authority shall determine the appropriate classification for the purpose of required parking. b. Maximum parking. Provision of parking spaces in excess of 125 percent of the minimum number of spaces required for the net floor area in this subsection 2 is not permitted. Table 38.550.050-3 219 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 214 July 29, 2016 development code redesign.docx Use Type Off-Street or Off-Road Parking Spaces Required Automobile sales 1 space per 200 square feet of indoor floor area; plus 1 space per 20 outdoor vehicle display spaces Automobile service and/or repair station 2 spaces per service stall, but no less than 4 spaces Automobile washing establishment Automatic drive-through 3 spaces or 1 for each employee on maximum shift; plus stacking space Self-service 2 spaces per stall not including washing or drying spaces Bank, financial institutions 1 space per 300 square feet of floor area Bowling alley 2 spaces per alley; plus 2 spaces per billiard table; plus Church 1 space per six persons of maximum occupancy load (as identified in the International Building Code) for main assembly hall, public assembly areas and classrooms Community or recreation center 1 space per 200 square feet of floor area Community residential facility with more than 9 residents or age restricted housing 1 space per unit Health and exercise establishment 1 space per 200 square feet of floor area; plus 3 spaces per court Day care centers 1 space per staff member plus 1 space per 15 children permitted Furniture stores over 20,000 square feet 3 spaces per 1,000 square feet of floor area Golf courses 1 space per 200 square feet of main building floor area; plus 1 space for every 2 practice tees in driving range; plus 4 spaces per each green in the playing area Hospitals 1 space per bed. Medical and dental offices 4 spaces for each full-time equivalent doctor or dentist; plus 1 space for each full- time equivalent employee Manufacturing and industrial uses 1 space per 1,000 square feet of floor area, plus 1 space per 2 employees on maximum working shift Motels, Hotels 1.1 spaces per each guest room; plus 1 space per employee on maximum shift; plus spaces for accessory uses as follows: Restaurants, bars, dining rooms 1 space per 60 square feet of indoor public serving area; plus 1 space per 120 square feet of outdoor (patio) area Commercial area 1 space per each 400 square feet of floor area Public assembly areas 1 space for each 5 seats based upon design capacity, except that total off-street 220 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 215 July 29, 2016 development code redesign.docx Use Type Off-Street or Off-Road Parking Spaces Required parking for public assembly may be reduced by 1 space for every 4 guest rooms Nursing homes, rest homes or similar uses 4 spaces; plus 1 space for each 3 beds; plus 1 space for each employee on maximum shift Offices (except medical and dental) 1 space per 250 square feet of floor area Outdoor sales (plant nurseries, building materials, equipment rental and similar) 1 space per 500 square feet of sales and/or display area. The size of the sales and/or display area shall be determined on a case-by-case basis. Restaurants, cafes, bars and similar uses 1 space per 50 square feet of indoor public serving area; plus 1 space per 100 square feet of outdoor (patio) area Retail store and service establishments 1 space per 300 square feet of floor area Sales sites; model homes 1 space per 250 square feet of model floor areas; plus 1 space per employee Schools Elementary and/or junior high 1.5 spaces for each classroom, library, lecture hall and cafeteria; plus 1 space for each 3 fixed seats in the area of public assembly, or 1 space for each 25 square feet of area available for public assembly if fixed seats are not provided Senior high 1.5 spaces for each classroom or lecture hall; plus 1 space per each 5 students; plus 1 space for each nonteaching employee; plus 1 space per each 3 fixed seats in the area of public assembly, or 1 space per 25 square feet of area available for public assembly if fixed seats are not provided Business or similar school 1 space for each 1.5 students Theater, auditorium or similar 1 space per 4 seats based upon place of assembly design capacity Warehousing, storage or handling of bulk goods 1 space per 1,000 square feet of floor area devoted to storage of goods; plus appropriate spaces to support accessory office or retail sales facilities at 1 space per 350 square feet of floor area 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 38.540.060 and 38.540.070 nor shall the use of this section 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 38.540.050-3 in a single operation. Multiple adjustments are not applied sequentially. (1) Neighborhood commercial. Within the B-1 and R-O zoning districts implementing a small scale Community Commercial Mixed Use growth policy designation or the B-3 zoning district, the parking requirements for nonresidential uses may be reduced. Table 38.540.050-4 221 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 216 July 29, 2016 development code redesign.docx Use Allowable Reduction Retail 40 percent Restaurant 50 percent Office 20 percent All others 30 percent (2) Community commercial and residential emphasis mixed use. Within zoning districts lying within a commercial node, as defined in article 7 of this chapter, and the REMU district the parking requirements for nonresidential uses may be reduced. Table 38.540.050-5 Use Allowable Reduction Retail 20 percent Restaurant 30 percent Office 10 percent All others 10 percent (3) Transit availability. Required parking may be reduced by ten percent in circumstances where the development is within 800 feet of a developed and serviced transit stop. For the purpose of this subsection a transit stop is eligible when it has publicly available cover from weather approved by the transit provider to be equivalent to a transit shelter, and service is provided on not less than an hourly schedule a minimum of five days per week. (4) Structured parking. An additional 15 percent reduction may be taken when the site is within 800 feet of a parking structure of at least 200 spaces, which is available to the general public, and for which a fee for parking is charged. (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 38.500.010 is not included in the calculation of required parking. (6) Property owners have the option of requesting the reduction of up to ten percent of the required parking spaces for nonresidential uses if: a. In addition to the minimum otherwise required by this chapter, two covered bicycle parking spaces are provided for each automobile space not provided; and b. For each ten or fraction of ten automobile parking stalls reduced a nonresidential shower, changing area, and five clothing lockers are provided on-site. (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 parking spaces required for a development. For developments with both residential and non-residential uses, such parking may only be used to meet the parking 222 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 217 July 29, 2016 development code redesign.docx 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. 3. Exceptions to these parking requirements. Because some situations (i.e., existing lots which have no landscaping, irregular lots, lots with topographic difficulties, etc.) would benefit from an alternative to the required maximum parking areas; because the community's appearance could benefit from additional landscaping, streetscaping and sculptural elements; and because parking exceptions and/or landscaping would encourage development within existing city boundaries; the following alternatives may be permitted. These alternatives may be proposed by the developer for review by the ADR staff. Such proposals may be approved based on a determination that such alternatives meet the following requirements and will not create a congested on-street parking situation in the vicinity of the proposal. a. Landscaping in lieu of parking. Except in the B-3 district, property owners have the option of requesting the deletion of up to five required spaces or ten percent of the required parking spaces, whichever is less, if 350 square feet of landscaping, trees or streetscaping is installed on the property for each space so deleted. This shall not decrease the amount of landscaping that would have been required with full parking, but shall be in addition to such landscaping. This option shall be approved by the ADR staff. These improvements must be placed in the public right-of-way or yards directly facing the right-of-way. b. Cash-in-lieu modifications to parking requirements in B-3 district. Where all or part of the required parking spaces can not be provided for a proposed use in the B-3 District, either through ownership or lease of the necessary land, the petitioner may satisfy the parking requirements by providing an equivalent cash-in-lieu payment according to the following provisions: (1) No building permit shall be issued, nor shall any use of property be initiated, unless a satisfactory cash-in-lieu payment is received by the department of administrative services; (2) The parking commission shall review and consider all requests for cash-in-lieu payments and furnish a written and dated certificate, signed by the parking commission chair, authorizing cash-in-lieu payments. A copy of this certificate shall be presented to the chief building official and planning director before a building permit is issued or the use instituted; (3) For each required parking space not provided, payment shall be made to the city administrative services department as specified by standard payment requirements established by the parking commission; (4) All real property assessed by special improvement district (SID) No. 565, or other similarly adopted improvement districts designed to provide additional parking spaces within the B-3 district, shall not be required to provide additional parking spaces beyond those required at the time of the SID adoption, provided the use of the real property and improvements remains unchanged from the initial assessments of SID No. 565, or other similarly adopted improvement districts; (a) In the event that a new use or an expansion is initiated on any portion of real property or improvements subsequent to the assessments for SID No. 565 or other similarly adopted improvement districts, then parking space requirements shall be satisfied prior to initiation of those new or expanded uses. 4. Disabled accessible parking spaces. 223 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 218 July 29, 2016 development code redesign.docx a. Disabled parking spaces shall be provided subject to federal standards enumerated in the Americans with Disabilities Act (ADA) dated January 26, 1992, and Federal Standard 795, (Uniform Federal Accessibility Standards) dated April 1, 1988, chapter 4 (Accessible Elements and Spaces: Scope and Technical Requirements). Each disabled parking space shall also be accompanied by a sign stating "Permit Required $100.00 Fine." See Figure 38.540.050.D. b. All parking lots and facilities shall be subject to current International Building Code guidelines for accessibility, and shall contain a minimum number of disabled accessible parking spaces as set forth in the ADAAG. Table 38.540.050-6 addresses the majority of circumstances: Table 38.540.050-6 Total Parking in Lot Required Minimum Number of Accessible Spaces Total Parking in Lot Required Minimum Number of Accessible Spaces 1 to 25 1 201 to 300 7 26 to 50 2 301 to 400 8 51 to 75 3 401 to 500 9 76 to 100 4 501 to 1000 2 percent of total 101 to 150 5 1001 and over 20 plus 1 for each 100 over 1000 151 to 200 6 (1) The first accessible parking stall provided, and one in every eight accessible spaces provided thereafter, shall have an aisle eight feet wide (rather than five feet) and shall be signed "van accessible." (2) Accessible spaces shall be located as near as practical to a primary entrance and shall be designated as those spaces closest to the primary accessible entrance to a facility. Parking spaces and access aisles shall be level with slopes not exceeding 1:50 in all directions and shall be maintained in an ice- and snow-free condition. c. All accessible parking spaces shall be designated as reserved for the disabled by a sign showing the symbol of accessibility at each space. Such signs shall not be obscured by a vehicle parked in the space. Signs and symbols painted on the pavement as the only means of identification do not meet this requirement. 224 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 219 July 29, 2016 development code redesign.docx Figure 38.540.040 D.3 ADA parking sign (1) Raised signs shall be located at a distance no greater than five feet from the front of each accessible space and shall be subject to review and approval by the planning department. d. Provision of an accessible path of travel from each disabled accessible parking space to the entrance of the facility shall include ramped access where necessary and an unencumbered minimum three-foot wide walk, sidewalk or ramps. The accessible path of travel shall be a paved, smooth surface, free of defects or design features that would restrict, inhibit or unreasonably impede the movement of a physically disabled individual. Figure 38.540.040 D. Disabled parking (van accessible) 225 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 220 July 29, 2016 development code redesign.docx (1) The least possible slope shall be used for any ramp. The maximum slope of a ramp in new construction shall be 1:12, cross slopes shall not exceed 0.25 inch per foot. The maximum rise for any run shall be 30 inches. e. Exceptions: Group R occupancies, per the most recently adopted International Building Code definition, containing three or less dwelling units or congregate residences accommodating ten persons or less. f. Prior to occupancy, the applicant or their representative shall certify compliance with the requirements of this subsection 4. 5. Bicycle parking required. All site development, exclusive of those qualifying for sketch plan review per division 38.230 of this chapter, shall provide bicycle parking facilities to accommodate bicycle-riding residents and/or employees and customers of the proposed development. The number of bicycle parking spaces shall be at least ten percent of the number of automobile parking stalls required by Tables 24-2 and 24-4 before the use of any special exception or modification but shall in no case be less than two. a. Bicycle parking facilities will be in conformance with standards recommended in the city's long range transportation plan. b. Required bicycle parking shall be provided in a safe, accessible and convenient location. Directional signage shall be installed when bicycle parking facilities are not readily visible from the street, sidewalk, or main building entrance. Installation of bicycle parking shall allow for adequate clearance for bicycles and their riders. c. Bicycle parking may be provided in a common area to serve multiple buildings. The common area must be within 100 feet of each served building. d. Covered bicycle parking is encouraged. (Ord. No. 1645, § 18.46.040, 8-15-2005; Ord. No. 1693, § 15(18.46.040), 2-20-2007; Ord. No. 1761, exh. I(18.46.040), 7-6- 2009; Ord. No. 1769, exh. H(18.46.040), 12-28-2009; Ord. No. 1802, §§ 9, 10, 4-11-2011; Ord. No. 1828, § 64, 9-10-2012; Ord. No. 1830, §§ 26—29, 9-24-2012) Sec. 38.540.060. - Joint use of parking facilities. (38.25.050) A. Up to 80 percent of the nonresidential parking spaces required by this division 38.550 may be provided through shared parking. B. Shared parking may be requested if parking can be provided to serve two or more individual land uses without conflict or encroachment. The review authority may make a determination for shared parking arrangements based on a traffic survey or traffic impact study for the site based on the following: 1. At a minimum, a traffic survey or traffic impact study must examine for all potential uses: trip generation, hours of operation, quantity of required parking spaces, quantity of spaces that will be filled during peak hour periods, and any unusual events that may occur during the year that will exceed the average parking requirement. The study must indicate that adequate parking exists to meet the demand of potential uses served as well as meet technical requirements as specified by the review authority. 2. The parties sharing parking spaces shall enter into a long-term joint use agreement revocable with review authority approval, running with the term of the designated uses. C. Conditions required for joint use. 226 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 221 July 29, 2016 development code redesign.docx 1. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 1,000 feet of such parking facilities as measured by the route of travel from the nearest parking space to the commonly used entrance of the principal use served; 2. The applicant shall show that there is no substantial conflict in the operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed; and 3. A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the city attorney, shall be filed with the city clerk and recorded with the county clerk and recorder. (Ord. No. 1645, § 18.46.050, 8-15-2005; Ord. No. 1693, § 15(18.46.010), 2-20-2007; Ord. No. 1761, exh. I(18.46.050), 7-6- 2009; Ord. No. 1769, exh. H(18.46.050), 12-28-2009; Ord. No. 1828, § 65, 9-10-2012) Sec. 38.550.070. - Off-site parking. (38.25.060) A. Any off-site parking which is used to meet the requirements of this chapter shall be reviewed by the planning director for compliance with this chapter and shall be subject to the following conditions: 1. Off-site parking shall be developed and maintained in compliance with all requirements and standards of this chapter; 2. Reasonable continuous pedestrian and vehicle access from off-site parking facilities to the use being served shall be provided; 3. Off-site parking for one-household and two-household dwellings shall not be permitted; 4. Off-site parking for multiple household dwellings shall not be located more than 100 feet from any commonly used entrance of the principal use served; 5. Off-site parking for nonresidential uses shall not be located more than 1,000 feet from the entrance of the principal use. The distance shall be measured on a pedestrian route of travel such as a sidewalk or city standard trail from the nearest parking space to the entrance of the principal use served; and 6. Any use which depends upon off-site parking to meet the requirements of this chapter shall maintain ownership or provide evidence of a long-term lease agreement, revocable with review authority approval, running with the term of the designated use, for parking utilization of the off- site location. (Ord. No. 1645, § 18.46.060, 8-15-2005; Ord. No. 1693, § 15(18.46.060), 2-20-2007; Ord. No. 1761, exh. I(18.46.060), 7-6- 2009; Ord. No. 1769, exh. H(18.46.060), 12-28-2009; Ord. No. 1828, § 70, 9-10-2012) Sec. 38.540.080. - Off-street loading berth requirements. (38.23.140) A. Affected uses. Every hotel/motel with restaurant, conference center, restaurant, department store, freight terminal or railroad yard, hospital or sanitarium, industrial plant, manufacturing establishment, retail establishment, storage warehouse or wholesale establishment, and all other structures devoted to similar mercantile or industrial pursuits, which has an aggregate gross floor area of 15,000 square feet or more shall provide off-street truckloading or unloading berths in accordance with the following Table 38.540.080: 1. Any office building 100,000 square feet or larger shall have at least one off-street loading berth. Table 38.540.080 227 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 222 July 29, 2016 development code redesign.docx Square Feet of Aggregate Gross Floor Area Devoted to Such Use Number of Berths 15,000 square feet up to and including 40,000 square feet 1 40,001 square feet up to and including 100,000 square feet 2 For each additional 100,000 square feet 1 additional B. Standards for off-street loading facilities. All off-street loading facilities shall conform to the following standards: 1. The first loading berth shall be at least 70 feet in length. Additional berths required shall be at least 45 feet in length unless certified by the property owner in writing that additional loading activity will take place exclusively with small delivery vans in which case the berth shall be at least 25 feet in length. All loading berths shall be at least 12 feet in width and 14 feet in height, exclusive of aisle and maneuvering space. 2. Such space may occupy all or any part of any required yard space, except front and exterior side yards, and shall not be located closer than 50 feet to any lot in any residential zone unless separated from such zone, except at the accesses, by screening not less than eight feet in height. 3. Sufficient room for turning and maneuvering vehicles shall be provided on the site so that vehicles shall cross a property line only by driving forward. 4. Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley, without traversing a residential district. 5. The loading area, aisles and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties, streets or alleys. 6. Bumper rails shall be provided at locations where needed for safety or to protect property. 7. No regular repair work or servicing of vehicles shall be conducted in a loading area. 8. Off-street loading facilities shall be located on the same site with the use for which the berths are required. 9. If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this chapter for each use. If more than one use is located on a site, and the gross floor area of each use is less than the minimum for which loading berths are required, but the aggregate gross floor area is greater than the minimum for which loading berths are required, off-street loading berths shall be provided as if the aggregate gross floor area were used for the use requiring the greatest number of loading berths. 10. Off-street loading facilities for a single use shall not be considered as providing required off- street loading facilities for any other use. 11. At the time of initial occupancy, major alterations or enlargement of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street loading berth requirements subject to the provisions of division 38.270 of this chapter. The number of loading berths provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement. 12. Space allocated to any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facility. 228 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 223 July 29, 2016 development code redesign.docx (Ord. No. 1645, § 18.42.140, 8-15-2005; Ord. No. 1693, § 13(18.42.140), 2-20-2007; Ord. No. 1709, § 12(18.42.140), 7-16- 2007; Ord. No. 1761, exh. H(18.42.140), 7-6-2009; Ord. No. 1769, exh. G(18.42.140), 12-28-2009) 229 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 224 July 29, 2016 development code redesign.docx 38.550 Landscaping (Article 26) Sec. 38.550.010. - Purpose and intent. (38.26.010) A. The process of development, with its alteration of the natural topography and vegetation, and creation of impervious cover can have a negative effect on the ecological balance of an area by causing or accelerating the processes of runoff, erosion and sedimentation. The economic base of the city can and should be protected through the preservation and enhancement of the area's unique natural beauty and environment. Recognizing that the general objectives of this division 38.550 are to promote and protect the health, safety and welfare of the public, these landscaping regulations are adopted as part of this chapter for the following specific purposes: 1. To aid in stabilizing the environment's ecological balance by contributing to the process of air purification, oxygen regeneration, groundwater recharge, stormwater runoff retardation, and improvement of water quality, while at the same time aiding in noise, glare and heat abatement; 2. To provide visual buffering between land uses of differing character by placing screening vegetation; 3. To enhance the beauty of the city by expanding and strengthening the urban forest and providing a diversity of vegetation within the city; 4. To protect the character and stability of residential, business, institutional and industrial areas by establishing minimum landscaping standards; 5. To preserve the value of land and buildings by protecting and enhancing the aesthetic character of the community; 6. To conserve energy by providing windbreaks, shade and temperature moderation; 7. To retard the spread of noxious weeds by encouraging a vigorous desirable plant community within the city; 8. To enhance the appearance of the entryways into the city by providing high-quality landscaping which complements architecture; 9. To encourage a pleasant and safe environment for pedestrians by placement of boulevard trees and other interesting visual features; and 10. To encourage the conservation of water by rewarding the use of low water demand landscaping. (Ord. No. 1645, § 18.48.010, 8-15-2005; Ord. No. 1693, § 16(18.48.010), 2-20-2007) Sec. 38.550.020. - Interpretation and scope. (38.26.020) A. The provisions of this division 38.550 shall apply to a lot or site when an application is being made for: 1. Site development approval pursuant to division 38.230 of this chapter; 2. Signs pursuant to division 38.560 of this chapter where landscaping is required; or 3. Restoration of a building that has been damaged or destroyed by fire, explosion, flood, tornado, riot, act of the public enemy or accident of any kind. For purposes of this subsection A, "restoration" means the act of putting back into a former or original state, only. 230 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 225 July 29, 2016 development code redesign.docx B. Not withstanding the application of subsection A of this section, these provisions shall not apply to the following: 1. Lots containing residential uses subject to sketch plan review when located outside entryway corridors, except that such lots shall be subject to subsections 38.550.050.A and E, and sections 38.26.070 and 38.550.100; 2. Lots or sites within a planned unit development which has been approved with its own landscape plan. However, these provisions shall be used as the basis for determining the landscaping plans for future planned unit developments and such planned unit development landscaping plans shall meet or exceed the standards of these landscape regulations; or 3. Lots or sites which are designed, reviewed and approved according to the deviation provisions specified in section 38.550.080. (Ord. No. 1645, § 18.48.020, 8-15-2005; Ord. No. 1693, § 16(18.48.020), 2-20-2007) Sec. 38.550.030. - General landscaping provisions. (38.26.030) A. Landscape plans shall include the information required by 38.220.100. B. Vegetation may only be used to satisfy the requirements of this division 38.550 when it is located on the same zone lot as the development depicted on the landscape plan. (Ord. No. 1645, § 18.48.030, 8-15-2005; Ord. No. 1693, § 16(18.48.030), 2-20-2007; Ord. No. 1830, § 30, 9-24-2012) Sec. 38.550.040. - Landscape plan review. (38.26.040) A. The review authority established in division 38.200 shall review each landscape plan to determine whether or not it complies with the requirements of this section. B. All landscape plans must comply with the mandatory landscape provisions in section 38.550.050. C. In addition, all landscape plans must earn a minimum number of points as specified in section 38.550.060. Points are awarded for specified landscape features and elements based upon their relative value or merit. The alternatives for achieving the minimum points needed for approval are provided in section 38.550.060. (Ord. No. 1645, § 18.48.040, 8-15-2005; Ord. No. 1693, § 16(18.48.040), 2-20-2007; Ord. No. 1828, § 68, 9-10-2012) Sec. 38.550.050. - Mandatory landscaping provisions. (38.26.050) A. Yard landscaping required. For all uses in all districts, unless otherwise provided by specific approval through design review procedures, all front, side and rear yards, and those areas subject to subsection 38.550.050.E, exclusive of permitted access drives, parking areas and accessory structures, shall be landscaped as defined in this chapter. All landscaped areas shall be perpetually maintained in a healthy condition. 1. For purposes of defining yard landscaping requirements, the terms "yard," "front yard," "side yard" and "rear yard" mean the space between the actual building, parking lot, or other structure (not the building setback line) and the adjacent lot line, which is open and unoccupied from the ground upward or from the ground downward other than by steps, walks, terraces, driveways, lamp posts and similar structures, and unobstructed by structures, except as otherwise provided in this chapter. 231 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 226 July 29, 2016 development code redesign.docx Figure 38.550.050 A.1 Yards B. Additional screening requirements. The site plan or other approval authority may require additional screening when it is determined to be in the best interest of the affected properties. Such additional screening may be required between existing and/or future: 1. One-household and multihousehold developments or apartment buildings; 2. Multihousehold and multihousehold developments or apartment buildings; 3. Residential and nonresidential uses; or 4. Nonresidential uses of differing character and/or intensity. C. Parking lot landscaping. 1. For purposes of defining parking lot landscaping requirements, the term "parking lot" means the area within the perimeter of the paved portion of the parking lot, including driving aisles but not including drive accesses and parking stalls in front of garages where the use of one or more spaces within the garage is assigned to a particular dwelling. The provisions of this subsection do not apply to parking areas, as defined in article 7 of this chapter, provided within a building or parking structure. 2. All surface parking lots on the building site or artificial lot, whichever is applicable, shall be landscaped in accordance with this subsection C.2 which describe landscaping requirements in addition to the yard landscaping requirements for the site: a. Parking lot screening required. (1) All parking lots located on a lot with a residential adjacency must be screened from that residential adjacency; (2) All parking lots located between a principal structure and a public street, except in M-1 and M-2 districts, must be screened from the public street; and (3) The screening required under subsections C.2.a.(1) and (2) of this section shall be not less than four feet in width and shall be maintained at a height of four to six feet except 232 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 227 July 29, 2016 development code redesign.docx as otherwise restricted by fence and hedge height limits within required front yards and street vision triangles. Figure 38.550.050 C.2.a Parking lot landscape screening b. Large canopy trees, large noncanopy trees or small trees must be provided in, or within 20 feet of, the parking lot at a minimum average density of: (1) One large canopy tree; or (2) One large noncanopy tree and one small tree; or (3) Three small trees for each nine parking spaces required or provided, whichever is greater. c. No parking space may be located more than 90 feet from the trunk of a tree. d. No tree may be planted closer than four feet to the paved portion of the parking lot. 233 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 228 July 29, 2016 development code redesign.docx Figure 38.550.050 C.2.d e. Additionally, any parking lot providing 15 or more parking spaces shall have a minimum of 20 square feet of landscape area within the parking lot for each off-street parking space in the lot provided as follows: (1) The interior parking lot landscaping shall be designed to facilitate, control and denote proper vehicular circulation patterns; (2) Internal parking lot landscaping provided shall be proportionately dispersed so as to define aisles and limit unbroken rows of parking to a maximum of 100 feet, with landscaped areas provided in an appropriate scale to the size of the parking lot; and (3) The minimum width and/or length of any parking lot landscaped area shall be eight feet. f. The above standards are minimum mandatory standards. The provisions of section 38.550.060 require additional vegetation or other landscape features for receipt of performance standard points. D. Screening of off-street loading spaces. 1. All off-street loading spaces on a lot with residential adjacency must be screened from that residential adjacency. 2. In all districts, except M-1 and M-2 districts, all off-street loading spaces on a lot must be screened from all public streets adjacent to that lot. 3. The screening required under subsections D.1 and 2 of this section must be at least six feet in height. E. Street frontage landscaping required. 1. Except in R-S districts, all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways shall be landscaped, as defined in this chapter, and shall include one large canopy tree for each 50 feet of 234 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 229 July 29, 2016 development code redesign.docx total street frontage rounded to the nearest whole number. When this requirement conflicts with other requirements of this chapter or other portion of this Code the review authority may relax this standard to reach an optimal balance in public interests. a. Acceptable large canopy shade trees for use in public rights-of-way are those accepted by the forestry department. Street trees must meet the arboricultural specifications and standards of chapter 16, article V, division 3. The forestry department, in cooperation with the city tree advisory board, publishes a pamphlet listing acceptable species and proper planting methods. Prior to planting street trees, a permit from the forestry department is required. 2. Where it may be impractical or difficult to plant large canopy trees within the public right-of- way (due to the presence of overhead power lines, for instance) the requirement for one large canopy tree for each 50 feet of street frontage may be substituted with two small ornamental trees per 50 feet of total street frontage. Acceptable small ornamental trees for use in public rights-of-way are those accepted by the forestry department. 3. The minimum quantity of trees and other landscaping required and provided in the public right- of-way as described herein shall be designed to complement on-site landscaping and to enhance the proposed development project and the streetscape. F. Street median island landscaping. All street median islands approved through a plan review process shall be landscaped according to requirements determined through the plan review process. G. Acceptable landscape materials. 1. Generally acceptable plant materials shall be those identified as hardy in Zones 1 through 4. The characteristics of the zones are described in The Western Garden Book, Sunset Publishing Corporation, 1995. Alternatives may be considered upon a case-by-case basis. However, in the case of street frontage landscaping as required in subsection E of this section, acceptable tree species shall be limited to those approved by the city forestry division. 2. No artificial plant materials may be used to satisfy the requirements of this division 38.550. 3. Plant materials used to satisfy the requirements of this division 38.550 must comply with the following minimum size requirements at the time of installation (depending on the standard measuring technique for the species): a. Large canopy and noncanopy trees must have either: (1) For deciduous trees a minimum caliper of 1.5 inches to two inches; or (2) For evergreen trees a minimum height of eight feet. b. Small canopy and noncanopy trees must have either: (1) For deciduous trees a minimum caliper of one inch; or (2) For evergreen trees a minimum height of six feet. c. All other nonturf plantings shall meet American Nursery and Landscape Association standards. 4. For purposes of subsection G.3 of this section, height is measured from the top of the root ball or, if the plant is in a container, from the top soil level in the container. 235 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 230 July 29, 2016 development code redesign.docx Figure 38.550.050 Dimensions of acceptable landscape materials H. Protection of landscape areas. 1. Perimeter parking lot treatment as required in subsection 38.540.020.J shall be installed to protect landscape areas adjacent to parking lots. 2. Landscaped areas within parking lots (i.e., landscape islands or peninsulas) must be protected from vehicular traffic through the use of continuous concrete curbs, or other permanent barriers approved by the review authority. Railroad ties, rolled asphalt, pin down wheel stops or similar methods of curbing are not acceptable methods of landscape protection within parking lots. I. Irrigation standards. 1. Permanent irrigation systems shall be provided to all landscaped areas. The use of hose bibs on the exterior of existing or proposed structures is not an acceptable method of landscape irrigation unless the landscaped area is adjacent to the existing or proposed structure. 2. All irrigation systems and landscaped areas shall be designed, constructed, operated and maintained so as to promote water conservation and prevent water overflow or seepage into the street, sidewalk or parking areas. J. Required use of trees. All landscape plans must include, for each yard with a residential adjacency, at least one of the performance standards in subsection 38.550.060.B that requires the use of one or more trees. K. Coordination with utilities. In order to prevent damage to both vegetation and public utility lines, all trees and other large vegetation shall be planted no closer than the minimum distance specified in the city design standards and specifications policy. L. Maximum allowable slope or grade. 1. The finish grade of all landscaped areas, including, but not limited to, required yards, parking lot landscape islands, open space areas, plaza areas, watercourse corridors, landscaped areas 236 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 231 July 29, 2016 development code redesign.docx adjacent to sidewalks, public trials or pathways, and any stormwater facilities proposed in required yards, dedicated park land, or open space areas shall not exceed a slope of 25 percent grade (four run to one rise). 2. The slope percent is computed by dividing the vertical distance by the horizontal distance multiplied by 100. The degree of slope is equal to the tangent of vertical distance over horizontal distance (refer to Figure 38.550.050). 3. The review authority may vary the maximum allowable slope of 25 percent grade to protect existing topographical or natural features (i.e., watercourse, wetlands, mature vegetation) associated with a site. Alternatives to enable exceeding the maximum allowable slope of 25 percent may include terracing, retaining walls, architectural appurtenances, landscape features, or a combination thereof that will achieve a greater design quality and enhanced landscape features. 4. All landscaped areas to be finished in grass that exceed a maximum allowable slope of 25 percent grade shall be installed as turf sod, or hydro-seed. If hydro-seed is utilized, additional erosion control fabric (i.e., matting or blanket), or equivalent thereof) shall be provided to ensure a stable slope for a minimum of one calendar year while the vegetation becomes established. (Ord. No. 1645, § 18.48.050, 8-15-2005; Ord. No. 1693, § 16(18.48.050), 2-20-2007; Ord. No. 1828, §§ 66, 67, 69, 9-10-2012; Ord. No. 1830, § 31, 9-24-2012) Sec. 38.550.060. - Landscape performance standards. (38.26.060) A. In addition to complying with the mandatory landscape provisions in section 38.550.050, all landscape plans must earn a minimum number of points as specified in this section. Points are awarded for specified landscape features and elements based upon their relative value or merit. _____ 1. The minimum number of points needed for landscape plan approval by zoning district is as follows: Table 38.550.060-1 Zoning District Lot With Residential Adjacency (as defined in section 38.700) Lot Without Residential Adjacency All districts not listed below 23 15 B-1 18 15 B-3 ("core area" as defined in section 38.300.090.4.a) 13 (0) 13 (0) PUD site plans 23 15 Residential PUD non-site-specific open space plans shall meet or exceed the standards of these landscaping regulations unless a specific relaxation has been granted 15 15 Commercial PUD non-site-specific open space plans shall meet or exceed 23 15 237 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 232 July 29, 2016 development code redesign.docx Zoning District Lot With Residential Adjacency (as defined in section 38.700) Lot Without Residential Adjacency the standards of these landscaping regulations unless a specific relaxation has been granted 2. The points required under subsection A.1 of this section may be earned by enhancing mandatory yard landscaping through a combination of one or more of the methods provided for in subsections B, C, and D of this section. The landscaping required by section 38.550.050, except subsection E of said section for boulevard trees, may be used to meet the requirements of this section B. Yard landscaping enhancement. When considering whether landscaping meets the requirements of this section, groupings must be placed in such a fashion as to be related and mutually supportive of design quality and be placed so as to allow the healthy development of maturing vegetation. 1. Points may be earned for use of certain vegetation types as follows: a. Three points are awarded for the installation of 50 percent or greater of the surface area of the yard with drought tolerant species of herbaceous perennials, and grasses accepting of maintenance by annual mowing and limited irrigation; b. Three points are awarded for the installation of drought tolerant species for greater than 50 percent and less than 75 percent of the number of trees and shrubs; c. Five points are awarded for the installation of drought tolerant species for 75 percent or greater of the number of trees and shrubs; and d. One point shall be awarded for each mature tree existing on-site over six inches in caliper which is preserved by the proposed design of the site development. In order to utilize this subsection, the tree must have remaining life expectancy of at least 20 years and be protected from damage during construction. Caliper shall be measured at one foot above grade. 2. Five points per yard (up to 15 points maximum) are awarded when the landscaped yard contains, for each 50 linear feet of each landscaped yard, one or more of the plant elements in both columns A and B in the following Table 38.550.060-2: Table 38.550.060-2 Column A Column B 1 large canopy tree 3 evergreen shrubs and 3 deciduous shrubs 1 large noncanopy tree 2 small ornamental trees 2 small ornamental trees 2 large evergreen trees 6 evergreen shrubs 6 deciduous shrub 238 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 233 July 29, 2016 development code redesign.docx a. The required plant elements from columns A and B in Table 38.550.060-2 may be arranged in any combination meeting the quantity requirements of this subsection B. 3. In the case of a lot with residential adjacency only, eight points are awarded for providing vegetative screening in the landscaped yard with residential adjacency in accordance with the following: a. The screening must be of natural vegetation at least six feet in height; b. The screening must extend along the entire length of the portion of the landscaped yard where a residential adjacency exists, exclusive of: (1) Public street frontage; (2) Driveways and accessways at points of ingress and egress to the lot; and (3) Street vision triangles; c. However, no points are awarded for screening required by subsection 38.550.050.B unless the required screening is constructed of earthen berm or evergreen plant materials; d. If screening is provided by an earthen berm or evergreen plant materials, the following additional regulations apply: (1) An earthen berm must be planted with groundcover. The earthen berm may not have a slope that exceeds one foot of rise for each two feet of run and must be at least four feet high, including planting materials, subject to front yard and street vision triangle height limitations. (2) Evergreen plant materials must: (a) Be located in a bed that is at least three feet wide; (b) Be placed a maximum of 48 inches on center over the entire length of the bed unless an alternative planting density that a landscape architect certifies as being capable of providing a solid appearance within three years is approved; and (c) Provide a visual barrier of the required height within three years of their initial planting; 4. Two points may be awarded when foundation plantings obscuring not less than 70 percent of the building perimeter, exclusive of entrys, are provided. 5. One point (up to five points maximum) is awarded when the landscaped roof contains, for each 500 square feet of landscaped roof, one or more of the plant elements in both columns A and B of Table 38.550.060-2. In order to qualify, a landscaped roof shall meet all requirements of this chapter including at least 75 percent coverage with live vegetation and permanent irrigation. C. Nonvegetative special features. 1. Five points are awarded if the commercial building is located on the site so that 50 percent or more of the street facade of the building is within a distance of three feet or less from the required front building line, i.e., front yard setback line, as defined in article 7 of this chapter; 2. A maximum of eight points may be awarded when a site is graded and/or terraced utilizing natural stone or prefabricated decorative masonry retaining wall material as a drystack or mortared wall. In order to qualify for the points available in this section the wall portion must: a. Be five percent of the length of the total perimeter of the lot or artificial lot for each two points to be awarded; 239 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 234 July 29, 2016 development code redesign.docx b. Have a vertical face surface of at least one foot along the length of the area to be considered for subsection C.2.a of this section; c. Be integrated with other landscaping materials and grading on the site; and d. Be complementary to the overall grading of the site and the activities and architecture contained on the site; 3. Up to a maximum of five points may be awarded as follows; a. One point is awarded for each stone boulder not smaller than three feet in diameter which is integrated with other landscaping; b. One point is awarded for each nine cubic feet of original, freestanding, permanent sculpture which is integrated with other landscaping. 4. One point is awarded for each one percent increment of lot area covered by publicly accessible special pedestrian facilities and features such as plazas, courtyards, covered walkways, fountains, lakes, streams and ponds, seating areas, and outdoor recreation facilities, up to a maximum of five points. D. Parking lot landscaping. 1. Ten points are awarded when all surface parking lots, as defined in article 7 of this chapter on the building site or artificial lot, whichever is applicable, are landscaped in accordance with this subsection D in addition to that landscaping required in section 38.550.050: a. The parking lot must contain one of the plant groups from subsection B.2 of this section at an average density of one group, plus an additional one large canopy tree within 20 feet of the parking lot, for each required 16 parking spaces; and b. No required parking space may be located more than 70 feet from the trunk of a large canopy tree. (Ord. No. 1645, § 18.48.060, 8-15-2005; Ord. No. 1693, § 16(18.48.060), 2-20-2007) Sec. 38.550.070. - Landscaping of public lands. (38.26.070) A. City rights-of-way and parks. 1. General. a. Tree planting permits shall be obtained from the forestry department prior to installation of trees in city rights-of-way or parks. b. Drought tolerant grass seed shall be planted in these areas. 2. External streets, open space, and parks. The developer shall be responsible at the time of initial development for installing vegetative ground cover, boulevard trees and an irrigation system in the public right-of-way boulevard strips along all external perimeter development streets and adjacent to public parks or other open space areas. a. Prior to installing landscaping in city rights-of-way or parks, the developer shall submit a landscaping plan to the superintendent of public lands and facilities for review and approval. The landscaping plan shall be prepared by a qualified landscaping professional meeting the requirements of this division 38.550. Tree planting permits shall be obtained before any tree is placed on public land. b. Wells shall be used to irrigate landscaping in these areas. 240 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 235 July 29, 2016 development code redesign.docx 3. Adjacent to individual lots. When individual parcels are developed, the individual property owners shall be responsible for installing landscaping and street trees within the public right-of- way boulevard strips adjacent to their property, and providing for irrigation, in compliance with subsection 38.550.050.E.1. 241 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 236 July 29, 2016 development code redesign.docx B. Maintenance. 1. Maintenance of landscaping installed within the boulevard portion of the public right-of-way, with the exception of tree trimming and tree removal, shall be the responsibility of adjacent property owners. 2. A developer shall be responsible for irrigating and maintaining landscaping along external streets and landscaping adjacent to parks or other opens space areas until 50 percent of the lots are sold. Thereafter, the property owners association shall be responsible for maintaining and irrigating these landscaped areas. The property owners association may with the city's approval establish an improvement district to collect assessments to pay for the irrigation and maintenance. 3. The city shall accept responsibility for the maintenance of all other required landscaping installed in accordance with approved site plans within the public right-of-way or on other public lands. C. State rights-of-way. Landscaping shall be installed along state rights-of-way, in the same manner described in this section, provided that the state department of transportation has reviewed and approved the proposed landscaping plan. Maintenance of landscaping installed within the boulevard portion of the public right-of-way shall be the responsibility of adjacent property owners unless a different responsibility is established by the encroachment permit. (Ord. No. 1645, § 18.48.070, 8-15-2005; Ord. No. 1693, § 16(18.48.070), 2-20-2007) Sec. 38.550.080. - Deviation from landscaping requirements. (38.26.080) A. To achieve the optimal landscape design on individual sites, or to coordinate the landscape design in an area, it may be necessary to deviate from the strict application of landscaping requirements. An application for such deviation shall be processed through the pertinent design review authority and approved by the review authority. B. The application for deviation shall be subject to the submittal and procedural requirements of this chapter, and shall be accompanied by written and graphic material sufficient to illustrate the conditions that the modified standards will produce, so as to enable the city commission to determine that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards, and will be consistent with the intent and purpose of this division 38.550. Upon such a finding, the review authority may authorize within the neighborhood conservation and entryway corridor overlay districts deviations of up to 20 percent from landscape design standards contained herein. (Ord. No. 1645, § 18.48.080, 8-15-2005; Ord. No. 1693, § 16(18.48.080), 2-20-2007; Ord. No. 1828, § 71, 9-10-2012) Sec. 38.550.090. - Landscaping completion. (38.26.090) All landscaping must be completed or secured in accordance with the provisions of division 38.270 of this chapter. (Ord. No. 1645, § 18.48.090, 8-15-2005; Ord. No. 1693, § 16(18.48.090), 2-20-2007) Sec. 38.550.100. - General maintenance. (38.26.100) A. Required landscaping must be maintained in a healthy, growing condition at all times. The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning and other maintenance of all plantings as needed. However, the city forestry department is responsible for pruning or removing any tree in a city right-of-way or park. Any plant that dies must be replaced 242 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 237 July 29, 2016 development code redesign.docx with another living plant that complies with the approved landscape plan. Failure to maintain required landscaping in a healthy growing condition at all times may result in revocation of an occupancy permit. When enforcing this provision of this chapter, external factors such as seasonality and availability of landscape stock shall be considered before any action to revoke an occupancy permit is taken. B. Any damage to utility lines, resulting from the negligence of the property owner or the owner's agents or employees in the installation and maintenance of required landscaping in a utility easement, is the responsibility of the property owner. If a public utility disturbs a landscaped area in a utility easement, it shall make every reasonable effort to preserve the landscaping materials and return them to their prior locations after the utility work. If, nonetheless, some plant materials die, it is the obligation of the property owner to replace the plant materials. (Ord. No. 1645, § 18.48.100, 8-15-2005; Ord. No. 1693, § 16(18.48.100), 2-20-2007) 243 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 238 July 29, 2016 development code redesign.docx 38.560 Signs (Article 28) FOOTNOTE(S): --- (9) --- State Law reference— Information signs, MCA 60-5-501 et seq. Figure 38.560 Signs Sec. 38.560.010. - Intent and purpose. (38.28.010) A. It is the intent and purpose of this division 38.560 to promote the health, safety and welfare of the residents and visitors of the city by regulating and controlling the size, location, type, quality of materials, height, maintenance and construction of all signs and sign structures not located within a building, or within a building and visible from the exterior for the following reasons: 1. To preserve the Bozeman area's natural scenic beauty and character as expressed in adopted city plans and policies; 2. To contribute to inviting entrances into the city by eliminating clutter associated, in part, with the unrestricted proliferation of signs, lights and stringed devices; 3. To encourage area beautification through creative, interrelated design of signage, landscaping, buildings, access and parking that enhances the community's built and natural environment; 4. To give all businesses an equal opportunity to have a sign that will help people find the services they need; 5. To ensure that pedestrians and motorists are protected from damage or injury caused or partly attributable to the distractions and obstructions which are caused by improperly situated signs. The city commission intends to provide a reasonable balance between the right of an individual to identify their business and the right of the public to be protected from the visual discord that results from the unrestricted proliferation of signs. Sections 38.16.070 and 38.340.170 establish 244 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 239 July 29, 2016 development code redesign.docx certain exemptions, and alternative procedures utilizing design review. The deliberations and decisions of the design review shall be directed to accomplish the intent and purpose of this section. It is determined that the regulations contained herein are the minimum necessary to further the interests of this chapter; and 6. To protect the public health and safety by minimizing distractions to the traveling public. (Ord. No. 1645, § 18.52.010, 8-15-2005; Ord. No. 1693, § 18(18.52.010), 2-20-2007; Ord. No. 1761, exh. J(18.52.010), 7-6- 2009; Ord. No. 1769, exh. J(18.52.010), 12-28-2009) Sec. 38.560.020. - Sign permit requirements. (38.28.020) If a sign requiring a permit under the provisions of this division 38.560 is to be placed, constructed, erected or modified on a zone lot, the owner of the lot shall secure a sign and building permit prior to the construction, placement, erection or modification of such a sign. Furthermore, the property owner shall maintain in force, at all times, a permit for such sign. No permit of any kind shall be issued for an existing sign or proposed sign unless such sign is consistent with the requirements of this division 38.560. Murals as defined in article 7 of this chapter are not subject to this division 38.560 but may be subject to the provisions of division 38.340 of this chapter. (Ord. No. 1645, § 18.52.020, 8-15-2005; Ord. No. 1693, § 18(18.52.020), 2-20-2007; Ord. No. 1761, exh. J(18.52.020), 7-6- 2009; Ord. No. 1769, exh. J(18.52.020), 12-28-2009; Ord. No. 1804, § 8, 7-11-2011) Sec. 38.560.030. - Prohibited signs. (38.28.030) A. All signs not expressly permitted under this division 38.560, or exempt from regulation, are prohibited in the city. Such signs include, but are not limited to: 1. Portable signs (except as allowed under chapter 34, article V); 2. Roof signs; 3. Revolving signs, except as permitted in section 38.560.060; 4. Beacons, spotlights; 5. Flashing, blinking, or animated signs, or LED or other electronic messaging signs except for incidental signs as defined in article 7 of this chapter; 6. Pennants, streamers, wind socks, pinwheels, or similar items; 7. Stringed flags; 8. Inflatable signs and tethered balloons (except as permitted per section 38.560.040); 9. Signs located in public rights-of-way (except for those specifically permitted in this division 38.560; and 10. Signs that resemble an official traffic sign or signal, and signs that resemble traffic signs because they predominately display the words "STOP," "GO SLOW," "CAUTION," "DANGER," "WARNING," or similar words that are commonly used by agencies of government and construction contractors to draw attention to traffic or roadway hazards. (Ord. No. 1645, § 18.52.030, 8-15-2005; Ord. No. 1693, § 18(18.52.030), 2-20-2007; Ord. No. 1761, exh. J(18.52.030), 7-6- 2009; Ord. No. 1769, exh. J(18.52.030), 12-28-2009; Ord. No. 1780, § 1(18.52.030), 3-22-2010) 245 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 240 July 29, 2016 development code redesign.docx Sec. 38.560.040. - Permitted temporary and special event signs. (38.28.040) A. Temporary and special event signs, such as banners, tethered balloons and inflatable signs, but excluding those subject to section 38.560.050, shall be allowed only as follows: 1. Special event signs are permitted in the zones described in subsection 38.560.060.A.1 and 2. 2. Applicants for temporary signs shall apply for, and have approved, a temporary sign permit 3. All temporary signs shall comply with size, height, and location requirements of this division 38.560. 4. For special commercial events, temporary signs shall be displayed for a consecutive period not to exceed 15 days, for a maximum of 30 days per calendar year, from January 1 to December 31. There shall be a period of at least seven days between each 15-day display period. 5. Temporary signs which identify a new business may be may be displayed for a period not to exceed 60 days, additional temporary signs shall not be allowed until the next calendar year. Only one temporary sign identifying a new business shall be permitted for the life of the business. A subsequent temporary sign identifying a new business may be permitted when business ownership has transferred to another owner, or when the business moves to a new location on a different zone lot. 6. Temporary signs that identify a new business may be displayed until the business erects a permanent sign, only if the business is in the process of obtaining a permanent sign, or 60 days, whichever comes first. If the business has previously had a temporary sign in the same location, the business will be allowed a maximum of an additional 30 more days of temporary signage. 7. Itinerant vendors shall receive information about allowable temporary signs at the time they apply for a business license, but no permit is required if the itinerant vendor is operating less than seven days. 8. Temporary signs that are seasonal in nature, such as garden greenhouses, boat showrooms, or ski rental, may apply for a long term temporary sign which may be approved for a period not to exceed 180 days. 9. Businesses may promote events in the community, such as the county fair or Sweet Pea, by applying for and receiving a temporary sign permit for their location. When notice of the event and nonsponsorship related information occupies more than 75 percent of the banner area, such a temporary sign will not count in their temporary and special event signage limit of 30 days a year. (Ord. No. 1645, § 18.52.040, 8-15-2005; Ord. No. 1693, § 18(18.52.040), 2-20-2007; Ord. No. 1761, exh. J(18.52.040), 7-6- 2009; Ord. No. 1769, exh. J(18.52.040), 12-28-2009) Sec. 38.560.050. - Signs exempt from permit requirements. (38.28.050) A. The following signs shall be exempt from the permitting requirement but must comply with the criteria for signs allowed by this division 38.560, except section 38.560.060: 1. Residential zones (R-S, R-1, R-2, R-3, R-4, RMH, REMU [single-household, two to four household, townhouse, and apartments]). a. Temporary, nonilluminated signs, e.g. real estate sale, political campaign and other noncommercial speech signs that do not exceed nine square feet in total area and, if freestanding, five feet in height. No more than one such sign per street frontage. 246 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 241 July 29, 2016 development code redesign.docx b. Businesses working at a residentially zoned lot, such as landscapers or window treatment installers, may post an identifying sign only when they are physically at the residence, and the sign shall be removed immediately when the working party leaves the property. Such sign shall not exceed nine square feet in total area and, if freestanding shall not exceed five feet in height. Not more than one such sign per street frontage per lot is allowed. Such signs shall not be considered off-premises advertising so long as the identified business is actively engaged on the site. 2. Commercial and manufacturing zones (R-O, B-1, B-2, B-3, UMU, M-1, M-2, BP, PLI, HMU, REMU [mixed-use, nonresidential]). a. Window signs, provided that such signs do not occupy more than 25 percent of the area of the window in which it is displayed. If it exceeds 25 percent of the area of the window, it will be classified as a wall sign. For the purposes of this section, a window is a transparent glass opening in a wall separated from other glass openings by mullions or other dividers of four inches or less in width. b. Signs within a structure or building or other enclosed area of property when such signs are not legible when viewed from outside the structure or property. c. Temporary nonilluminated signs, e.g., real estate sale, for rent or lease, political campaign, noncommercial speech signs shall not exceed 32 square feet in size, shall be no more than five feet high and shall be at least five feet from the property line. Only one sign of each subject per street frontage per lot is allowed. d. A temporary, nonilluminated sign identifying the businesses working at a construction site may be posted. The signs for multiple businesses shall be aggregated among all those working on the site and in total shall not exceed 32 square feet in size, shall be no more than five feet high and shall be at least five feet from the property line. All parties to the development, including, but not limited to, banks, architects, contractors, developers, future occupants of the lot, real estate agent, landscape company shall be on a single sign per street frontage per lot. Such signs shall not be considered off-premises advertising so long as the identified business is actively engaged on the site. e. Not more than four on-premises directional signs not exceeding four square feet in area and five feet in height which shall not contain any commercial messages. 3. All zones. a. Government and public utility signs. Directional, warning, street, traffic control, informational or temporary special event signs that are erected, installed or placed by or on behalf of any federal, state, county or city government. Public utility signs showing locations of underground facilities or public telephones, and safety signs on construction sites, are included within this exemption. b. Incidental signs. A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," and other similar directives. No sign with a commercial message, which is designed with the intent to be legible from a position off the zone lot on which the sign is located, shall be considered incidental. c. Ghost signs. A ghost sign may be, but is not required to be, stabilized, rehabilitated or preserved to its original condition, design and size. A ghost sign may not be altered in any way that changes its original design, wording, or size. 247 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 242 July 29, 2016 development code redesign.docx (Ord. No. 1645, § 18.52.050, 8-15-2005; Ord. No. 1693, § 18(18.52.050), 2-20-2007; Ord. No. 1761, exh. J(18.52.050), 7-6- 2009; Ord. No. 1769, exh. J(18.52.050), 12-28-2009; Ord. No. 1802, §§ 12, 13, 4-11-2011; Ord. No. 1804, § 9, 7-11-2011; Ord. No. 1910, § 2, 5-4-2015) Sec. 38.560.060. - Signs permitted upon the issuance of a sign permit. (38.28.060) A. The following on-premises signs are permitted in the indicated zones subject to a sign permit: Table 38.560.060 Non-Residential Sign Standards Zoning District B-1 B-2 B-3 UMU M-1 M-2 Maximum sq. ft. area 80 per building 400 per lot 250 per lot 250 per lot 250 per lot 250 per lot Allowed sq. ft. sign area per linear foot of building frontage first 25 feet 1.5 or 21 2 or 31 2 2 or 31 2 or 31 2 or 31 Allowed sq. ft. sign area per linear foot of building frontage > 25 feet 1 1.5 1.5 1.5 1.5 1.5 Monument max. size sq. ft. 32 32 32 32 32 32 Monument max. height 5' 5' 5' 5' 5' 5' Monument setback 5' 5' 5' 5' 5' 5' Pole style max. height Prohibited 13' 13' 13' 13' 13' Pole style setback Prohibited 15' 15' 15' 15' 15' Pole style clearance Prohibited 8' 8' 8' 8' 8' Projecting sign max. area 8' 8' 12' 8' 8' 8' Projecting sign max. distance 4' 4' 6' 4' 4' 4' Rotating sign max area 2.5 sq. ft. 2.5 sq. ft. 2.5 sq. ft. 2.5 sq. ft. Prohibited Prohibited Non-Residential Uses Zoning District BP PLI HMU REMU RO Maximum sq. ft. area 250 per lot 250 per lot 250 per lot 250 per lot 80 per building Allowed sq. ft. sign area per linear foot of building frontage first 25 feet 2 or 31 2 or 31 2 or 31 2 or 31 1 or 1.251 Allowed sq. ft. sign area per linear foot of 1.5 1.5 1.5 1.5 0.5 248 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 243 July 29, 2016 development code redesign.docx Non-Residential Uses Zoning District BP PLI HMU REMU RO building frontage > 25 feet Monument max. size sq. ft. 32 32 32 32 12 Monument max. height 5' 5' 5' 5' 5' Monument setback 5' 5' 5' 5' 5' Pole style max. height 13' 13' 13' 13' Prohibited Pole style setback 15' 15' 15' 15' Prohibited Pole style clearance 8' 8' 8' 8' Prohibited Projecting sign max. area 8' 8' 8' 8' 8' Projecting sign max. distance 4' 4' 4' 4' 4' Rotating sign max. area Prohibited Prohibited 2.5 sq. ft. Prohibited Prohibited Notes 1 The larger value of the two listed applies when a building is located on a lot such that there is no parking or other vehicular use area between the building facade and the street right-of-way or between the building facade and a public pedestrian right-of-way adjacent to a street. 1. A comprehensive sign plan is required for all commercial centers or buildings consisting of two or more tenant spaces on a lot and shall be designed in accordance with section 38.560.080. 2. Freestanding signs. One freestanding sign is permitted per zoned lot as defined in article 7 of this chapter. Sign area used for free standing signs is counted towards the maximum allowed sign area. 3. Wall signs. a. Regardless of the allowance for additional area, the maximum area shall not exceed the amount allowed for the district. b. Lots fronting on two or more streets shall be permitted sign area for each building frontage. c. Canopy, window and awning signs shall be classified as wall signs. Wall signs shall not project above the top of a wall or parapet. 4. Projecting signs. One projecting sign per tenant, unless otherwise approved through a comprehensive sign plan. Projecting signs shall provide a minimum sidewalk clearance of eight feet. a. A rotating sign located within the building does not need to provide the minimum sidewalk clearance height. A rotating sign shall not exceed a rotational speed of one full rotation in two seconds. Signs exceeding this limit shall be classified as a flashing sign. 5. Residential building identification signs. For properties used for multihousehold residential buildings, one residential identification wall sign per street frontage. Each sign shall not exceed eight square feet in area. 249 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 244 July 29, 2016 development code redesign.docx 6. Ghost signs as defined in Section 38.700 do not apply toward the maximum sq. ft. sign areas of Table 38.560.060. B. Residential zones (R-S, R-1, R-2, R-3, R-4, RMH, R-O, REMU). The following on-premises signs are permitted in the indicated zones subject to a sign permit: 1. Subdivision and residential complex identification signs. For residential subdivisions consisting of more than four residential units and for residential complexes with more than four residential units and more than one building, one low profile, freestanding, neighborhood identification sign per development entrance is allowed. Each sign shall not exceed 16 square feet in area or five feet in height from the finished grade. The sign must be set back at least five feet from the property line. 2. Residential building identification signs. For properties used for multihousehold residential buildings, one residential identification wall sign per street frontage. Each sign shall not exceed eight square feet in area. 3. Signs appurtenant to residential principal and conditional uses and home occupations. a. Principal residential uses and home occupations shall be permitted commercial message signage not to exceed four square feet in area and shall not be located in any required setback area. In addition, home occupations shall be permitted one square foot signs on a mailbox or lamppost or 1.5 square feet of freestanding signage located a minimum of five feet from the property line. b. Principal residential uses shall be permitted noncommercial speech signs which do not exceed 30 square feet in area nor five feet in height. Such sign must be set back at least 15 feet from the property line. c. Conditional nonresidential type uses, such as churches, veterinary uses, golf courses, day care centers and schools shall be permitted signage as if the underlying zoning were B-1. Conditional residential type uses such as bed and breakfast homes, and fraternity and sorority houses, shall be permitted signage as if the underlying zoning were R-O. Such signs may only be illuminated during the hours of operation. 4. Planned unit developments. Commercial establishments within planned unit developments where the underlying zoning is residential shall be permitted signage as if the lot were in a B-1 zone. C. Special districts and zones. The guidelines for the underlying zoning districts apply unless otherwise addressed below: 1. Neighborhood conservation overlay district. Within this district, all signage is subject to issuance of a certificate of appropriateness after review for compliance with the design guidelines for the neighborhood conservation overlay district. 2. Entryway overlay district. Within this district, all signage is subject to issuance of a certificate of appropriateness after review for compliance with the design objectives plan for entryway corridors. Signage may exceed the underlying zoning district limitations by up to 20 percent upon review and approval of a deviation by the review authority, after receiving the recommendation of the appropriate design review advisory body, and upon receipt of a certificate of appropriateness. 3. Interchange zone. Signage may exceed the maximum total sign area permitted by subsection 38.560.060.A by up to 25 percent upon review and approval of a deviation by the review 250 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 245 July 29, 2016 development code redesign.docx authority, upon the recommendation of the appropriate design review advisory body, and upon receipt of a certificate of appropriateness. Each lot shall be permitted one freestanding sign. a. Low profile signs. One low profile sign per zoned lot. The maximum area for a low profile sign shall be 40 square feet. The sign shall be set back a minimum of five feet with a maximum height of eight feet. b. Pole-style signs. A pole-style freestanding sign shall be set back a minimum of 15 feet and will maintain at least an eight-foot minimum vertical clearance. Pole-style signs shall not exceed a total area of 40 square feet or 16 feet in height, provided however, that for every two feet said sign is set back from 15 feet beyond the street right-of-way, the height measured at grade may be increased one foot, not to exceed a total of 32 feet, and the area may be increased by 2.5 square feet for every two feet that said sign is set back 15 feet beyond the street right-of-way up to a maximum of 120 square feet. 4. Downtown (B-3). Permits for signs that encroach into the public right-of-way shall be obtained in accordance with chapter 34, article 5 of the Municipal Code. (Ord. No. 1645, § 18.52.060, 8-15-2005; Ord. No. 1693, § 18(18.52.060), 2-20-2007; Ord. No. 1761, exh. J(18.52.060), 7-6- 2009; Ord. No. 1769, exh. J(18.52.060), 12-28-2009; Ord. No. § 2(18.52.060), 3-22-2010; Ord. No. 1802, §§ 14, 15, 4-11-2011; Ord. No. 1804, § 10, 7-11-2011; Ord. No. 1828, § 81, 9-10-2012; Ord. No. 1830, § 33, 9-24-2012; Ord. No. 1875, § 2, 1- 13-2014; Ord. No. 1910, § 3, 5-4-2015) Sec. 38.560.070. - Wayfinding signage. (38.28.070) A. Purpose. Wayfinding signs shall serve to assist travelers in navigating the larger community and identifying defined districts. Wayfinding signs or kiosks are not intended to serve as off-premises advertising for individual entities. B. Defined districts. To qualify as a district an area must have a significant commonality of purpose, identity and shared functions serving the larger community. Designation as a district is at the discretion of the city and shall only be granted when found to be consistent with the intent of this division 38.560 and the city's other adopted regulations, policies and plans. Approval of district designation is the duty of the review authority who shall make written findings of the decision. C. Wayfinding signage is intended to add to the district's "sense of place" and may include district identification signs, directory signs to designate shared or common spaces such as parking facilities, parks, trails and open space. It may also include pedestrian-scale informational kiosks to announce district events and/or to list a directory that corresponds with a map presented in the kiosk. Wayfinding signs shall not advertise specific businesses or otherwise constitute off-premises signs. Wayfinding signage is permitted within districts only after approval of a comprehensive signage plan for the wayfinding signs. D. Submittal of a comprehensive signage plan for wayfinding must be made by a single individual or entity legally authorized to represent the area within the plan and with the consent of relevant governing authority. In addition to the requirements of section 38.560.180, a comprehensive signage plan for wayfinding must: 1. Include a description of the installation and maintenance program for the signs including, but not limited to, who is responsible for installation and maintenance, identified reliable funding for installation and maintenance, contact plan for the responsible individual, and a description of how the sign program will be kept updated or removed. If the signs are to be illuminated a description of how the power source may be removed and made safe shall be included. 251 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 246 July 29, 2016 development code redesign.docx 2. Demonstrate how it will enhance the streetscape by promoting a unified and enhanced visual aesthetic consistent with the streetscape design elements in the district; coordinate information to pedestrians and drivers in a clear, consistent, and understandable format; and reduce visual clutter. 3. Include information on how the district stakeholders were given opportunity to collaboratively participate in the selection of the sign types and designs. 4. Clearly describe the hierarchy of signs and include the criteria for determining sign placement and size. Any signs intended to be read from the right-of-way shall comply with the lettering standards of the Manual for Uniform Traffic Control Devices for the road type and speed. 5. The wayfinding signage plan shall include signage elevations and plans with corresponding map designating signs types and locations. E. Design standards. The wayfinding signs shall include and meet the following standards and provisions: 1. Color schemes, fonts and materials. Coordinated color schemes, fonts and materials, including base supports, cabinet details and mounting methods, shall serve to distinguish wayfinding signage within the district from other districts. 2. Lighting. Lighting is not required. If any lighting is proposed, the wayfinding signage plan shall include cut-sheets and lighting details in accordance with the standards established in section 38.570.010. a. Photovoltaic panels to provide power, where appropriate, are encouraged. 3. Size and location. Signage may be located within required setbacks and may be located within the right-of-way, with approval from the applicable review agencies including the city and/or the state department of transportation. Restrictions for signs within the public right-of-way may be more strict than those on private property in order to avoid conflict or confusion with official regulatory and warning signs or interference with travel. 4. Wayfinding signs shall comply with the following standards: a. Wayfinding signs that are affixed to a lightpost, traffic post or sign within the right-of-way shall not exceed four square feet in area and are limited to one sign per block face (or equivalent). b. Any signs intended to be located within the right-of-way shall comply with the construction standards of the Manual for Uniform Traffic Control Devices. c. Freestanding wayfinding kiosks or signs are limited to one sign per two blocks (or equivalent), shall not exceed 30 square feet in area per face and shall not exceed seven feet in height. d. Wayfinding signage may be located within the street-vision triangle at intersections controlled by a traffic light. e. Decorative features including but not limited to post caps may extend an additional two feet for a total of nine feet in height. f. Photovoltaic panels are exempt from the height requirement. g. Business names, logos, or other marks identifying specific parties on a directory list or map in a kiosk shall not exceed one inch in height. 252 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 247 July 29, 2016 development code redesign.docx h. Wayfinding signage may not interfere with the clear passage of pedestrians or vehicles or otherwise cause safety hazards. i. Wayfinding signs shall not obscure or obstruct any existing regulatory, warning, or parking control signs. 5. Wayfinding signs are allowed for parks, or for districts containing more than 30 acres of platted lots. 6. A performance bond or other surety acceptable to the city may be required for the maintenance, replacement, updating, and/or removal of signs in an amount acceptable to the city. (Ord. No. 1769, exh. J(18.52.065), 12-28-2009; Ord. No. 1828, §§ 82, 83, 9-10-2012) Sec. 38.560.080. - Comprehensive sign plan. (38.28.080) A. A comprehensive sign plan shall be submitted for all commercial, office, industrial and civic uses consisting of two or more tenant or occupant spaces on a lot or two or more lots subject to a common development permit or plan. A comprehensive sign plan shall not be approved unless it is consistent with this division 38.560, the underlying zoning regulations applicable to the property and any discretionary development permit or plan for the property. The plan should include the size and location of buildings and the size and location of existing and proposed signs. The purpose of the plan is to coordinate graphics and signs with building design. The coordination shall be achieved by: 1. Using the same type of cabinet supports or method of mounting for signs of the same type; using the same type of construction for components, such as sign copy, cabinet and supports; using other types of integrating techniques, such as common color elements, determined appropriate by the review authority. 2. Using the same form of illumination for all signs, or by using varied forms of illuminations determined compatible by the review authority. (Ord. No. 1645, § 18.52.070, 8-15-2005; Ord. No. 1693, § 18(18.52.070), 2-20-2007; Ord. No. 1761, exh. J(18.52.070), 7-6- 2009; Ord. No. 1769, exh. J(18.52.070), 12-28-2009; Ord. No. 1828, § 84, 9-10-2012) Sec. 38.560.090. - Multitenant complexes with less than 100,000 square feet of ground floor area. (38.28.090) A. The guidelines for the underlying zoning districts apply unless otherwise addressed in this section: 1. The maximum permitted wall sign area allowed for each tenant space shall be the percentage of the total floor area on the zoned lot that the tenant occupies multiplied by the wall area allowed by subsection 38.560.060.A.2 or subsection 38.560.060.B.2, unless otherwise allocated in an approved comprehensive sign plan per section 38.28.070. If the lot has more than one building frontage, the individual tenant space may derive sign area only from the frontage(s) which the space faces. Lots under this section shall be allowed a low profile sign that identifies the complex, which otherwise conforms to this division 38.560, in addition to the sign area already permitted under subsection 38.560.060.A.2 or subsection 38.560.060.B.2. (Ord. No. 1645, § 18.52.080, 8-15-2005; Ord. No. 1693, § 18(18.52.080), 2-20-2007; Ord. No. 1761, exh. J(18.52.080), 7-6- 2009; Ord. No. 1769, exh. J(18.52.080), 12-28-2009; Ord. No. 1804, § 11, 7-11-2011) 253 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 248 July 29, 2016 development code redesign.docx Sec. 38.560.100. - Multitenant complexes with more than 100,000 square feet of ground floor area. (38.28.100) A. The guidelines for the underlying zoning districts apply unless otherwise addressed in this section: 1. Freestanding signs. a. Pole-style signs. One pole-style sign per street frontage not to exceed 48 square feet in area or 16 feet in height. The sign area computed for a pole-style sign shall not be subtracted from the maximum allowable wall signage permitted for the entire complex. b. Low profile signs. One low profile sign shall be permitted at each secondary entrance of the complex, provided each sign shall not exceed 32 square feet in area, not five feet in height, and must be setback a minimum of five feet from the property lines. All low profile signs shall only identify the complex and must display the street number address in figures which are at least six inches high. Low profile signs complying with these regulations will not be factored when calculating the maximum permitted wall sign area. 2. Wall signs. Each tenant shall be permitted wall signage square footage calculated from 1.5 times the linear store frontage. For the maximum allowable total signage, please see subsection 38.560.060.1 or 2. (Ord. No. 1645, § 18.52.090, 8-15-2005; Ord. No. 1693, § 18(18.52.090), 2-20-2007; Ord. No. 1761, exh. J(18.52.090), 7-6- 2009; Ord. No. 1769, exh. J(18.52.090), 12-28-2009) Sec. 38.560.110. - Indoor shopping mall complexes with more than 100,000 square feet of ground floor area. (38.28.110) A. The guidelines for the underlying zoning districts apply unless otherwise addressed in this section: 1. Freestanding signs. a. Pole-style signs. One pole-style sign per street frontage not to exceed 48 square feet in area or 16 feet in height. The sign area computed for a pole-style sign shall not be subtracted from the maximum allowable wall signage permitted for the entire complex. b. Low profile signs. One low profile sign shall be permitted at each secondary entrance of the complex, provided each sign shall not exceed 32 square feet in area, nor five feet in height, and must be set back a minimum of five feet from the property lines. All low profile signs shall only identify the complex and must display the street number address in figures which are at least six inches high. Low profile signs complying with these regulations will not be factored when calculating the maximum permitted wall sign area. 2. Wall signs. Each anchor tenant occupying 20,000 square feet or more shall be permitted 300 square feet of wall signage. Each tenant with an exclusive outdoor customer entrance shall be permitted wall signage square footage calculated from five percent of the ground floor area. (Ord. No. 1645, § 18.52.100, 8-15-2005; Ord. No. 1693, § 18(18.52.100), 2-20-2007; Ord. No. 1761, exh. J(18.52.100), 7-6- 2009; Ord. No. 1769, exh. J(18.52.100), 12-28-2009) Sec. 38.560.120. - Illumination. (38.28.120) A. Illumination, if any, shall be provided by artificial light which is constant in intensity and color. Internally illuminated "can signs" are acceptable provided background and copy are coordinated to avoid excessive light output. Neon and other gas type transformers shall be limited to 60 254 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 249 July 29, 2016 development code redesign.docx milliamperes and fluorescent transformers shall be limited to 800 milliamperes to soften light output. The output of lumens from lighting provided by other types of light emitters shall not exceed that possible from gas type transformers as regulated in this subsection A. Additionally, neon and other gas type signs with exposed tubing shall be equipped with dimmers. B. Externally illuminated wall-mounted and pole signs shall be lighted by fixtures mounted at the top of the sign and aimed downward; ground-mounted sign lighting may only be used for monument style signs. Fixtures used to illuminate signs shall be aimed so as not to project their output beyond the sign. (Ord. No. 1645, § 18.52.110, 8-15-2005; Ord. No. 1693, § 18(18.52.110), 2-20-2007; Ord. No. 1761, exh. J(18.52.110), 7-6- 2009; Ord. No. 1769, exh. J(18.52.110), 12-28-2009) Sec. 38.560.130. - Street vision triangles. (38.28.130) Signs shall not be placed in sight vision triangles as they are established in section 38.400.100, unless specifically authorized in this division 38.560. (Ord. No. 1645, § 18.52.120, 8-15-2005; Ord. No. 1693, § 18(18.52.120), 2-20-2007; Ord. No. 1761, exh. J(18.52.120), 7-6- 2009; Ord. No. 1769, exh. J(18.52.120), 12-28-2009) Sec. 38.560.140. - Required address signs. (38.28.140) Street numbers shall be required for all residential, commercial, industrial, and civic uses in all zones. All building numbering shall conform to article 7 of chapter 10. (Ord. No. 1645, § 18.52.130, 8-15-2005; Ord. No. 1693, § 18(18.52.130), 2-20-2007; Ord. No. 1761, exh. J(18.52.130), 7-6- 2009; Ord. No. 1769, exh. J(18.52.130), 12-28-2009; Ord. No. 1804, § 12, 7-11-2011) Sec. 38.560.150. - Billboards and other off-premises advertising. (38.28.150) A. Off-premises commercial advertising signs are not permitted within the city limits except as permitted by state or federal law. 1. Exception: a. Transit shelters: Off-premises signs may be placed on the interior of transit shelters reviewed and approved by the city and served by an active fixed route transit service. Signage within a transit shelter shall not distract drivers of vehicles nor be legible from the driving lanes. b. Ghost signs: Ghost signs are not considered to be off-premises signage. (Ord. No. 1645, § 18.52.140, 8-15-2005; Ord. No. 1693, § 18(18.52.140), 2-20-2007; Ord. No. 1761, exh. J(18.52.140), 7-6- 2009; Ord. No. 1769, exh. J(18.52.140), 12-28-2009; Ord. No. 1910, § 4, 5-4-2015) Sec. 38.560.160. - Signs erected in conjunction with nonprofit activities on public property. (38.28.160) A. Signs erected on public property in support of nonprofit activities, such as signs advertising sponsors of youth and sports activities, shall be allowed only as follows: 1. The sign shall be permitted only at developed facilities in public parks or other publicly owned lands. 2. The sign may be erected two weeks prior to the commencement of the activity and shall be removed within two weeks after the cessation of the activity for which the sign were erected. 255 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 250 July 29, 2016 development code redesign.docx 3. Each individual sign shall be no larger than 32 square feet. Freestanding signs must be setback a minimum of 15 feet from the property line with a maximum height of five feet. Signs attached to walls or scoreboards shall not be subject to the five foot height limitation. However, signs attached to walls or scoreboards shall not exceed the height of the wall or scoreboard to which they are attached. All signs shall be oriented towards spectators attending the activity who are at the facility. 4. The sign shall not: a. Be individually illuminated; nor b. Be placed in sight vision triangles or otherwise impede or obstruct the view of the traveling public. 5. Applicants for such sign must apply for, and have approved, a special temporary sign permit detailing the nature of the sign to be erected and the duration the sign will remain in place. Applications and review procedures shall be made as per section 38.560.180. (Ord. No. 1645, § 18.52.150, 8-15-2005; Ord. No. 1693, § 18(18.52.150), 2-20-2007; Ord. No. 1761, exh. J(18.52.150), 7-6- 2009; Ord. No. 1769, exh. J(18.52.150), 12-28-2009) Sec. 38.560.170. - Historic or culturally significant signs. (38.28.170) Signs which have historical or cultural significance to the city but do not conform to the provisions of this division 38.560, maybe permitted provided that the city commission adopts findings supporting the historical or cultural significance of the sign and issues a sign permit. Such findings shall be adopted by resolution. (Ord. No. 1645, § 18.52.160, 8-15-2005; Ord. No. 1693, § 18(18.52.160), 2-20-2007; Ord. No. 1761, exh. J(18.52.160), 7-6- 2009; Ord. No. 1769, exh. J(18.52.160), 12-28-2009; Ord. No. 1828, § 85, 9-10-2012) Sec. 38.560.180. - Application. (38.28.180) A. An application for a sign shall be made on forms provided by the planning department. The application shall contain sufficient information and plans to permit review pursuant to this division 38.560, including, but not limited to, building elevations; photographs; proposed locations of signs on building elevations; sign design layout showing number, types and dimensions of all signs; and a site plan showing proposed location of all signs. B. Acceptability and adequacy of application. 1. The planning department shall review the application for acceptability within five working days to determine if the application does not omit any of the submittal elements required by this chapter. If the application does not contain all of the required elements, the application and a written explanation of what the application is missing shall be returned to the property owner or their representative. The five working day review period will be considered met if the letter is dated, signed and placed in the outgoing mail within the five-day review period. 2. After the application is deemed to contain the required elements and to be acceptable, it shall be reviewed for adequacy. A determination of adequacy means the application contains all of the required elements in sufficient detail and accuracy to enable the city to make a determination that the application either does or does not conform to the requirements of this chapter and any other applicable regulations under the jurisdiction of the city. Determination of adequacy will be made by the planning department. The adequacy review period shall begin on the next working day after the date that the planning department determines the application contains all 256 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 251 July 29, 2016 development code redesign.docx the required elements and shall be completed within not more than 15 working days. The 15 working day review period will be considered met if the letter is dated, signed and placed in the outgoing mail within the 15 working day review period. If the application is inadequate, a written explanation of why the application is inadequate will be returned to the property owner. Upon a determination of adequacy the review of the development will be scheduled. a. In the event the missing information is not received by the city within 15 working days of notification to the property owner of inadequacy, all application materials shall be returned to the property owner or their representative. Subsequent resubmittal shall require payment of a review fee as if it were a new application. b. A determination that an application is adequate does not restrict the city from requesting additional information during the review process. 3. Should the property owner choose not to provide the required information after an application has been found unacceptable, nor to accept return of the application, the application may be processed by the city with the recognition by the property owner that unacceptability is an adequate basis for denial of the application regardless of other merit of the application. 4. Action. a. After an application is deemed adequate, the review authority shall act to approve or deny the application within ten working days; or b. After the application is determined to be adequate for review, if the application includes a request for a deviation or variance the city shall schedule the application to be considered by the review authority at the next available opportunity which allows for required public notice to be given; or c. If the sign application is submitted in conjunction with a site plan or other similar review then the review process and final review authority shall be coordinated. 5. An applicant may appeal the denial of a permit request pursuant to the provisions of division 38.250 of this chapter. (Ord. No. 1645, § 18.52.170, 8-15-2005; Ord. No. 1693, § 18(18.52.170), 2-20-2007; Ord. No. 1761, exh. J(18.52.170), 7-6- 2009; Ord. No. 1769, exh. J(18.52.170), 12-28-2009; Ord. No. 1828, § 86, 9-10-2012) Sec. 38.560.190. - Maintenance of permitted signs. (38.28.190) A. All signs shall be continuously maintained in a state of security, safety and repair. Abandoned signs and sign support structures shall be removed. If any sign is found not to be so maintained, or is in need of repair or has been abandoned, it shall be the duty of the owner and the occupant of the premises to repair or remove the sign within 14 calendar days after receiving written notice to do so from the city. If the sign is not so repaired or removed within such time, the city shall cause the sign to be removed at the expense of the owner of the premises. 1. Exceptions: Ghost signs are not required to be maintained or preserved, nor are they required to be removed, unless the City determines such action is necessary to protect the public health, safety and general welfare. (Ord. No. 1645, § 18.52.180, 8-15-2005; Ord. No. 1693, § 18(18.52.180), 2-20-2007; Ord. No. 1761, exh. J(18.52.180), 7-6- 2009; Ord. No. 1769, exh. J(18.52.180), 12-28-2009; Ord. No. 1828, § 87, 9-10-2012; Ord. No. 1910, § 5, 5-4-2015) 257 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 252 July 29, 2016 development code redesign.docx Sec. 38.560.200. - Nonconforming signs. (38.28.200) A. The intent of this section is to eliminate existing signs that are not in conformity with the provisions of this division 38.560 which is as important as the regulation of new signs. B. Except as otherwise provided within this section, the owner of any zone lot or other premises on which a sign exists that does not conform with the requirements of this division 38.560 and for which there is no prior, valid sign permit shall remove such sign. C. All signs which were legally permitted prior to June 22, 1997, are considered legal, permitted signs under this division 38.560. Except as provided for in subsection D of this section, said sign, if nonconforming with this division 38.560, may not be: 1. Replaced except with a conforming sign; 2. Changed in copy (except for signs specifically designed to be changed in copy, such as readerboards with changeable letters); 3. Structurally altered to extend its useful life; or 4. Expanded, moved or relocated except as allowed below. D. No legal, nonconforming sign may be altered or enlarged in any way which increases its nonconformity, but any existing signage, or portions thereof, may be altered by decreasing its nonconformity. E. Any lot with a nonconforming sign may not add, relocate, or replace signage, except as provided below, until all signs on the lot are brought into conformance with this division 38.560. The exceptions listed below do not apply to off-premises signs. 1. Any site modification reviewed only as a permit type described in section 38.230.060, 38.230.070, 38.230.080, 38.230.130, or 38.230.140. 2. A sign legally permitted prior to June 22, 1997 which must be relocated due to a physical alteration to or expansion of a public right-of-way. (Ord. No. 1645, § 18.52.190, 8-15-2005; Ord. No. 1693, § 18(18.52.190), 2-20-2007; Ord. No. 1761, exh. J(18.52.190), 7-6- 2009; Ord. No. 1769, exh. J(18.52.190), 12-28-2009; Ord. No. 1875, § 3, 1-13-2014) Sec. 38.560.210. - Substitution. (38.28.210) Any sign allowed under this division 38.560 may contain, in lieu of any other message or copy, any lawful noncommercial message that does not direct attention to a business operated for profit, or to a product, commodity or service for sale or lease, or to any other commercial interest or activity, so long as the sign complies with the size, height, area and other requirements of this division 38.560. Authorized decision-making bodies may not consider the content of speech or the viewpoint of the speaker when taking action to approve or deny sign permits or other application for signs. (Ord. No. 1769, exh. J(18.52.200), 12-28-2009) Sec. 38.560.220. - Severability. (38.28.220) Where any word, phrase, clause, sentence, paragraph, or section or other part of this division 38.560 is held invalid by a court of competent jurisdiction by express inclusion in the decision to be invalid, such judgment shall affect only that part held invalid and such decision shall not affect, impair or nullify this chapter as a whole or any other part thereof. (Ord. No. 1769, exh. J(18.52.200), 12-28-2009) 258 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 253 July 29, 2016 development code redesign.docx 38.570 Outdoor lighting (38.23.150) Sec. 38.570.010. - Lighting. (38.23.150) A. Purpose. The purpose of this section is to: 1. Provide lighting in outdoor public places where public health, safety and welfare are potential concerns; 2. Protect drivers, bicyclists and pedestrians from the glare of non-vehicular light sources that shine into their eyes and thereby impair safe travel; 3. Protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied, maintained or shielded light sources; 4. Protect and maintain the character of the city; 5. Prevent excessive lighting and conserve energy; and 6. Provide adequate lighting for safe pedestrian and bicycle travel. B. General. 1. With the exception of street lighting, lighting is not required. If installed, all lighting shall comply with the requirements of this section. 2. Unless otherwise approved through a planned unit development, this section shall apply to all lighting for subdivisions, land uses, developments and buildings. In addition, any site modification that requires a certificate of appropriateness, site plan review or reuse application will necessitate compliance for all existing and proposed lighting on the site. 3. The provisions of this section are not intended to prevent the use of any design, material or method of installation or operation not specifically prescribed herein, provided any such alternate has been approved by the review authority. Prior to approval the review authority shall make findings that: a. The lighting provides at least approximate equivalence to the applicable specific requirements of this section; and b. The lighting is otherwise satisfactory and complies with the intent of this section. C. Street lighting. Street lighting consists of street lighting and pathway intersection lighting, and shall comply with the City of Bozeman Design Standards and Specifications Policy. D. Site lighting. 1. Parking lot lighting. Table 38.570.010-1 Basic1 Security2 Minimum horizontal illuminance in maintained footcandles 0.2 0.5 Minimum vertical illuminance in maintained footcandles 0.1 0.25 Uniformity ratio, maximum: minimum 20:01 15:00 259 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 254 July 29, 2016 development code redesign.docx Source: Parking Lot Lighting, Illuminating Engineering Society of North American, 1998. 1Basic lighting provides for the safety of customers and employees during business hours, and for the security of on-site, outside storage of goods and/or materials. 2Security lighting provides for the safety of employees during nonbusiness hours, and for the security of on-site, outside storage of goods and/or materials. 2. Building entrances. Illuminance for building entrances (including commercial, industrial, institutional and municipal) shall average 5.0 maintained footcandles. 3. Car dealership lighting. Table 38.570.010-2 Area Maximum Illuminance on Pavement (in Maintained Footcandles) Uniformity Ratio Maximum: minimum Main business districts Adjacent to roadway 10—20 5:01 Other rows 5—10 10:01 Entrances 5—10 5:01 Driveways 2—3 10:01 Secondary business districts Adjacent to roadway 5—10 5:01 Other rows 2.5—5 10:01 Entrances 2.5—5 5:01 Driveways 1—2 10:01 Source: Lighting for Exterior Environments, Illuminating Engineering Society of North American, 1998. 4. Service station or gas pump area lighting. Table 38.570.010-3 Area Description Average Illuminance on Described Area (in Maintained Footcandles) Approach with dark surroundings 1.5 Driveway with dark surroundings 1.5 Pump island area with dark surroundings 5 Building facades with dark surroundings 2 Service areas with dark surroundings 2 260 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 255 July 29, 2016 development code redesign.docx Landscape highlights with dark surroundings 1 Approach with light surroundings 2 Driveway with light surroundings 2 Pump island area with light surroundings 10 Building facades with light surroundings 3 Service areas with light surroundings 3 Landscape highlights with light surroundings 2 Source: Lighting for Exterior Environments, Illuminating Engineering Society of North American, 1998. 5. Site lighting support structures. The ballasts; pole type, strength and anchor bolts; and pole foundation shall be appropriate for the proposed lighting and shall be installed per the manufacturer's recommendations. Height shall be measured from grade. Except as allowed in subsections E and G of this section, light poles for parking lot lighting shall not exceed 25 feet. 6. Site lighting installation and maintenance. a. For new installations, electrical feeds for fixtures mounted on poles shall be run underground, not overhead. b. Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces shall be placed a minimum of five feet outside the paved area or on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other approved means. c. Lighting fixtures and ancillary equipment shall be maintained so as always to meet the requirements of this section. 7. Miscellaneous site lighting specifications. Except as otherwise allowed in subsections E and G of this section, all lighting shall comply with the following requirements: a. All outdoor lighting, whether or not required by this section, shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property. b. All outdoor lighting fixtures shall be shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light emitting element, so that direct light emitted above the horizontal plane is eliminated. c. Except for residential lighting, streetlighting, pathway intersection lighting and security lighting, all lighting shall be turned off between 11:00 p.m. and 6:00 a.m. Exceptions shall be granted to those businesses which operate during these hours; such lighting may remain illuminated only while the establishment is actually open for business. d. Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. 261 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 256 July 29, 2016 development code redesign.docx e. All outdoor lighting shall be designed and located such that the maximum illumination measured in footcandles at the property line shall not exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent commercial properties and public rights-of-way. f. Externally illuminated wall-mounted and pole signs shall be lighted by fixtures mounted at the top of the sign and aimed downward; ground-mounted sign lighting may only be used for monument style signs. Fixtures used to illuminate signs shall be aimed so as not to project their output beyond the sign. g. Floodlights, spotlights or any other similar lighting shall not be used to illuminate buildings or other site features unless approved as an integral architectural element on the development plan. On-site lighting may be used to accent architectural elements but not to illuminate entire portions of buildings. Where accent lighting is used, the maximum illumination on any vertical surface or angular roof surface shall not exceed 5.0 average maintained footcandles. Building facade and accent lighting shall not be approved unless the light fixtures are carefully selected, located, aimed and shielded so that light is directed only onto the building facade and spillover light is eliminated. (1) Directional fixtures used to illuminate flagpoles (state, United States and/or foreign nations) may project their output beyond the flagpole. h. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation are prohibited. i. Translucent awnings and canopies used for building accents over doors, windows, etc., shall not be internally lit (i.e., from underneath or behind). j. Searchlights, laser source lights or any similar high-intensity light shall not be permitted, except in emergencies by police and fire personnel or at their direction, for meteorological data gathering purposes, or for special events if a permit is obtained from the review authority. E. Sports and athletic field lighting. Lighting for sports and athletic fields may need to exceed illumination standards for general recreational needs in order to meet higher standards required for play. The city commission may approve relaxations of these lighting standards provided that the following minimum standards are met: 1. Fixtures shall be at least 70 feet in mounted height measured from grade. 2. If floodlights are used, they shall not be aimed above 62 degrees and should use internal louvers and external shields to help minimize light pollution. 3. Fixtures shall be designed and aimed so that their beams fall within the primary playing area and the immediate surroundings, so that off-site direct illumination is significantly restricted (spillover levels at the property line shall not exceed 0.3 footcandle). 4. Lighting shall be extinguished no later than one hour after the event ends. F. Lighting specifications for all lighting. Light fixtures and standards shall be compatible with the surrounding area, the subdivision or site design, and the development's character and/or architecture. 1. Luminaires (light fixtures). Except as otherwise allowed in subsections E and G of this section, all luminaires shall comply with the following requirements: a. In all light fixtures, the light source and associated lenses shall not protrude below the edge of the light fixture, and shall not be visible from adjacent streets or properties. 262 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 257 July 29, 2016 development code redesign.docx b. Fixtures shall be of a type and design appropriate to the lighting application. c. For lighting horizontal areas such as roadways, sidewalks, entrances and parking areas, fixtures shall meet IESNA "full-cutoff" criteria (no light output emitted above 90 degrees at any lateral angle around the fixture). d. As needed, fixtures shall be equipped with or be modified to incorporate light directing and/or shielding devices such as shields, visors, skirts, internal louvers or hoods to redirect offending light distribution and/or reduce direct or indirect glare. e. The installation of any mercury vapor light fixture or lamp for use as outdoor lighting is prohibited, except that until November 21, 2006 (the fifth anniversary date of the effective date of the ordinance from which this section is derived), this provision shall not apply to any replacement bulb. G. Historic lighting. The city may relax lighting standards and requirements, with the exception of illumination levels, for the provision of historic lighting in the neighborhood conservation overlay district. Historic lights shall be proposed as an integrated part of an overall development plan. The historic preservation planner shall review and approve the proposed lighting for historic appropriateness. H. Post installation inspection. The city reserves the right to conduct post-installation nighttime inspections to verify compliance with the requirements of this section, and if appropriate, to require remedial action at no expense to the city. I. Compliance monitoring. If the city finds that a lighting installation creates a safety or personal security hazard, the person responsible for the lighting shall be notified in writing and required to take remedial action within 30 days. J. Nuisance glare and inadequate illumination levels. When the city finds that a lighting installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels, or otherwise varies from this section, the city may notify the person responsible for the lighting and require appropriate remedial action within 30 days. K. Nonconforming lighting. With the exception of street lighting, security lighting fixtures or a security lighting installation in use on January 1, 2004, that does not conform to this section and that is not otherwise required to be brought into compliance pursuant to this section, shall be required to be in compliance five years after the date of enactment of the ordinance from which this provision is derived. Any other lighting fixture or lighting installation existing on the effective date of the ordinance from which this provision is derived that does not conform to the requirements of this section shall be considered as a legal conformance. 263 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 258 July 29, 2016 development code redesign.docx Figure 38.570.010 Lighting (Ord. No. 1645, § 18.42.150, 8-15-2005; Ord. No. 1693, § 13(18.42.150), 2-20-2007; Ord. No. 1709, § 12(18.42.150), 7- 16-2007; Ord. No. 1761, exh. H(18.42.150), 7-6-2009; Ord. No. 1769, exh. G(18.42.150), 12-28-2009; Ord. No. 1796, § 2, 1-3-2011; Ord. No. 1828, §§ 53, 54, 9-10-2012; Ord. No. 1830, §§ 21, 22, 9-24-2012) 264 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 259 July 29, 2016 development code redesign.docx ARTICLE 6. NATURAL RESOURCE PROTECTION ARTICLE 7. DEFINITIONS Sec 38.700 Terms and Interpretation Sec. 38.700.010. - Definition of terms and interpretation of language. (38.42.010) A. Terms specifically defined in regulations issued by the department of justice and the department of transportation to implement the Americans with Disabilities Act or in referenced standards shall have those meanings. Otherwise, all words in this chapter shall be first defined as provided in this division 38.700 and, if not defined herein, shall be defined as in the latest edition of "The Illustrated Book of Development Definitions" by Harvey S. Moskowitz and Carl G. Lindbloom, and if not defined in "The Illustrated Book of Development Definitions," shall have their customary dictionary definitions as defined in collegiate dictionaries in the sense that the context implies. B. Words used in the present tense include the future tense; words used in the singular include the plural, and words used in the plural include the singular; the word "shall" is always mandatory, the word "person" includes a firm, association, organization, partnership, trust, corporation or company, as well as an individual; the word "lot" includes the words "plot" or "parcel"; the word "building" includes the word "structure"; the words "used" or "occupied," as applied to any land or building, shall be construed to include the word "intended, arranged, or designed to be used or occupied"; the words "map" or "zoning map" mean the zoning map of the city that delineate the area to be governed by these regulations. C. For the purposes of this chapter certain words and terms used herein are defined as follows: (Ord. No. 1645, § 18.80.010, 8-15-2005; Ord. No. 1693, § 29(18.80.010), 2-20-2007; Ord. No. 1761, exh. R(18.80.010), 7-6- 2009; Ord. No. 1830, § 43, 9-24-2012) Sec. 38.700.020. – A definitions. Sec. 38.700.030. – B definitions. Sec. 38.700.040. – C definitions. Etc… 265