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UDC: ARTICLE 5 – PROJECT DESIGN
Preliminary Internal Draft, December 28, 2016
Article 5 Contents
Division 38.500 Introduction (included)
Division 38.510 Block Frontage Standards (included)
Division 38.520 Site Planning & Design Elements (included)
Division 38.530 Building Design (outline) Division 38.540 Housing Type Standards
Division 38.550
Division 38.560 Landscaping
Division 38.570 Signs Division 38.580 Outdoor Lighting
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38.500 Introduction (New)
Sec. 38.500.010. – Purpose.
The components of this article were authorized by the city commission as a major implementation tool of the Bozeman’s growth policy. Overall, this article intends to:
A. Provide clear objectives for those embarking on the planning and design of development projects in Bozeman;
B. Preserve and protect the public health, safety, and welfare of the citizens of
Bozeman;
C. Ensure that new commercial and multifamily development is of high quality and
contributes to Bozeman’s character;
D. Upgrade the visual appearance of Bozeman’s principal vehicular corridors;
E. Ensure that new developments within existing neighborhoods are compatible with,
and enhance the character of Bozeman’s neighborhoods;
F. Promote an increase in walking and bicycling throughout the City;
G Enhance the livability of Bozeman’s residential developments;
H. Maintain and enhance property values within Bozeman.
Sec. 38.500.020. – Applicability and compliance.
The provisions in this article generally apply to new development within the city. However, since each division herein addresses different design and development
elements, the applicability of each division is clarified at the beginning of the division.
For instance, some chapters may only apply to new commercial and multifamily
development, while individual sections in Division 38.540 only apply to specific housing types.
It’s also important to note that these standards are intended to supplement other provisions of the UDC and other existing city codes applicable to developments.
Where there is a conflict between the provisions of this article and other codes, the
provisions herein shall apply.
For building additions, remodels, and site improvements, three different thresholds have
been established to gauge how the project design standards herein are applied to
such projects. See Figure 5.1.1 below for examples of site development and the
respective types of improvements required under each of the three levels of
improvements.
A. Level I Improvements include all exterior remodels, building additions, and/or site
improvements commenced within a three year period (based on the date of permit
issuance) that affect the exterior appearance of the building/site and/or increase the building’s footprint by up to 50 percent. The requirement for such improvements
is only that the proposed improvements meet the standards and do not lead to
further nonconformance with the standards. For example, if a property owner
decides to replace a building façade’s siding, then the siding shall meet the
Comment [b1]: Existing DOP references topic on
pages 4-5 – but more clarification is needed for staff
and applicants. The approach below is one we’ve
used before with a 3-tiered system based on the %
building footprint is increased (rather than basing it
on the $ of proposed improvements). While not
perfect, the proposed approach is easy to calculate
and takes a more relaxed approach to bringing older
non-complying developments into conformance
when they remodel/expand. The intent is to avoid
penalizing smaller remodels/additions with costly
site improvements – and focusing on the elements
they are improving.
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applicable exterior building material standards, but elements such as building articulation would not be required.
B. Level II Improvements include all improvements commenced within a three year
period (based on the date of permit issuance) that increase the building’s footprint
by more than 50 percent, but not greater than 100 percent. All standards that do
not involve repositioning the building or reconfiguring site development shall apply
to Level II Improvements. For example, if a property owner of an existing home in the B-2 Zone wants to convert the home to an office and build an addition equaling
75 percent of the current building’s footprint, then the following elements shall
apply:
1. The location and design of the addition/remodel shall be consistent with the
Block Frontage Standards (Division 38.510), which address building frontages, entries, parking lot location, and front yard landscaping. For such developments
seeking additions to buildings where off-street parking location currently does not
comply with applicable parking location standards, building additions are
allowed provided they do not increase any current non-conformity and generally bring the project closer into conformance with the standards. (see
Division 38.550, Parking)
2. Comply with applicable site planning and design elements (Division 38.520).
3. Comply with all building design provisions of Division 38.530, except architectural
scale and materials provisions related to the existing portion of the building
where no exterior changes are proposed. The entire building shall comply with
building elements/details, materials, and blank wall treatment standards of
section 38.540.xxx.
4. Comply with the off-street parking, landscaping, signage, and lighting provisions
of Divisions 38.550-580 that relate to proposed improvements.
C. Level III Improvements include all improvements commenced within a three year period (based on the date of permit issuance) that increase the building’s footprint
by more than 100 percent. Such developments shall conform to ALL applicable
standards.
The application review procedures for new development are addressed in ___ of this
title. For procedures associated with new developments requiring a building permit,
see ____.
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Figure 38.500.020
Examples of site development and the respective types of improvements required under each of the three levels of
improvements.
Comment [b2]: Still need applicable X ref of
threshold standards for when street improvements
are required.
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Sec. 38.500.030. – How the provisions of this article are applied.
Decisions on applications requiring design review shall be made as follows:
A. Intent. Each design element has intent statements followed by design standards.
Intent statements describe the City’s overarching objectives for each design element.
B. Standards are required provisions. They feature language such as “shall”, “is/are required”, or “is/are prohibited”. Some standards feature a number of different ways
to meet the requirement (toolbox approach whereby applicants can choose
amongst various optional ways of meeting a standard). While most standards are
easily quantifiable, there are some standards that provide a level of discretion in how they are complied with. In the latter case, the applicant shall demonstrate in
writing how the project meets the intent of the standards.
C. Guidelines use words such as “should” or “is/are recommended,” signifying
voluntary measures.
D. Graphics are also provided to clarify the concepts behind the intent statements and
design standards. If there is a discrepancy between the text and the illustrations, the
text shall prevail.
E. Departures are provided for specific standards. They allow alternative designs
provided the reviewing authority determines the design meet the purpose of the standards. Departure opportunities are identified by the symbol. Specific
departures often come with additional criteria to aid applicants and the reviewing
authority in designing projects and ultimately making decisions on them. See ______
for related procedures associated with departures.
Where the decision maker concludes that the application does not comply with the
applicable standards the decision maker may condition approval based on compliance with some or all of the design criteria, or the decision maker may deny the
application.
Comment [b3]: Make sure this is addressed.
Comment [b4]: Update cross reference once
procedures section is updated. – Need to coordinate
with Bill and Lisa. The basic option is that these are
still reviewed and approved administratively. But
there’s maybe discussion that there’s extra notice or
opp for public input with these.
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38.510 Block Frontage Standards (Article 44)
NOTE: Proposed updates to the recent Article 44 block frontage provisions that were
adopted for the Midtown area, but are now being revised to apply on a citywide basis
are shown in track changes.
Sec. 38.510.010. – Block frontageIntroduction. (38.44.010)
A. 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.
B. Applicability.
The provisions of this division 38.500 apply only to all commercial and multifamily
development within Bozeman. Also:the R-5 and B-2M districts.
1. For the application of building additions and remodels and site improvements,
see section 38.500.020.
2. For clarification on how the provisions of this chapter are applied, see section
38.500.030.
C. How to use this chapter. Block frontage standards for individual properties depend on the type of street properties front onto. Thus, consider the following steps in using
this chapter:
1. Go to the maps in section 38.510.020 to find your property and the block
frontage type designation for the street or streets fronting your property. For
properties in residential zones, the standards for Landscaped block frontages
(see section 38.510.030.C) apply. For properties in Industrial zones, see section 38.510.030.H. For properties that front onto multiple streets, see provisions in
section 38.510.030.K;
2. Go to the appropriate code section in this chapter for the block frontage
standards for applicable block frontage type designation. Table 38.510.030.A
includes a summary of the five primary street frontage type designations along
with links to the appropriate sections, the intention for each block frontage designation, and key design/use provisions; and
Sec. 38.510.020. – Community design framework maps and standards.
(38.44.010)
A. About the maps. The maps together with the block frontage standards in section 38.510.030 guide the look and feel of development in commercial and multifamily
areas throughout Bozeman when viewed from the street. The provisions herein
Comment [b5]: Amend current definition to
clarify that it includes townhouses – 3 or more
attached single family
Comment [b6]: Still need to figure out an
approach here – may use the “other” type – but
with minimum setbacks.
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recognize that there is a hierarchy of different streets and block frontage types ranging from the pedestrian-oriented storefronts to arterial streets/frontages that
warrant greater flexibility in the design of frontages.
The block frontage standards address streetfront elements including:
1. Building location and orientation.
2. Parking lot location.
3. Window transparency.
4. Weather protection.
5. Landscaping.
The community design framework maps also identify high visibility street corner sites
that warrant special design treatment. Ultimately, these “form-based” provisions will
help to reinforce existing and desired development patterns intended to implement
the growth policy, including adopted neighborhood plans. 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.
B. Figure 38.510.020.B below is an overview map of the applicable planning areas
within Bozeman. Examine the map to determine which map or figure relates to
individual properties.
C. Figures 38.510.020.C.1-12 include community design framework maps for applicable
mixed-use and nonresidential zones throughout Bozeman.
D. All block frontages within the R-5 district residential zones are subject to landscaped
block frontage provisions set forth in section 38.510.030.C.
E. The default block frontage for new or undesignated streets (such as those within
annexed land) in commercial and mixed-use zones is Mixed (see the mixed block frontage provisions set forth in 38.510.030.D),
F. The block frontage designations shall apply to development on both sides of the street except where otherwise specified, excect for sites that are not within the B-2M
or R-5 districts.
G. Changes to the block frontage designation for new and existing streets may be
made through the following procedures:
a. UDC text amendment per ______.
b. Community Design Framework Master Plan per section 38.510.030.L.
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.
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
Comment [b7]: Flag.
Comment [b8]: flag
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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.
Figure 38.510.020.B
Overview map of applicable community design framework maps.
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Figure 38.510.020.C.1
Map 1: 19th – I-90 to Boot Hill Court.
Comment [b9]: Some of the large undeveloped
B-2 zoned sites might be good candidates to require
a Community Design Framework Master plan per
subsection L. Here’s how we illustrated such sites
on maps for our ongoing North Carolina projects:
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Figure 38.510.020.C.2
Map 2: Burke Street to Oak Street.
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Figure 38.510.020.C.3
Map 3: Baxter Lane – Gallatin Green NW.
Comment [b10]: Some of these sites might be
good candidates to require a Community Design
Framework Master plan per subsection L.
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Figure 38.510.020.C.4
Map 4: NE + N of I-90.
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Figure 38.510.020.C.5
Map 5: Main Street - Durston Road to College Street.
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Figure 38.510.020.C.6
Map 6: Rouse Avenue - Oak Street to Peach Street.
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Figure 38.510.020.C.7
Map 7: Main Street – Wallace Avenue to Highland Boulevard.
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Figure 38.510.020.C.8
Maps 8a-d.
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Figure 38.510.020.C.9
Map 9: Cottonwood Street – 191/Huffine Lane to Babcock Street.
Comment [b11]: Some of these sites might be
good candidates to require a Community Design
Framework Master plan per subsection L.
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Figure 38.510.020.C.10
Map 10: Hospital – Highland Boulevard.
Comment [b12]: The B-2 zone on south/east
side of highland might be good candidates to
require a Community Design Framework Master
plan per subsection L.
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Figure 38.510.020.C.11
Map 11: Downtown.
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Figure 38.510.020.C.12
Map 12: Midtown.
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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.
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Sec. 38.510.030. – Block Frontage Standards. (38.44.010)
A. Summary chart. Block frontages and standards. Figure Table 38.5100.0310.AE
summarizes standards for each of the sixfour designated block frontage types.
Specific standards for each of the block frontage types set forth below:
Table 38.510.030.A
Summary of block frontage standards.
Comment [b13]: Updates from the midtown
code changes are noted in track changes.
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B. Storefront block frontages.
1. 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.
2. Vision. Figure 38.510.030.B provides a depiction of relationship between the
street, sidewalk and storefront for a property designated for a storefront block
frontage.
Figure 38.510.030.B
Storefront vision and key standards.
3. Standards. All development as set forth in UDC 38.510.010.B within the B-2M and
R-5 districts designated ason sites containing a storefront block frontage
designation must comply with the following standards (on applicable block
frontages):
Table 38.510.030.B
Storefront block frontage 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.
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Table 38.510.030.B
Storefront block frontage standards.
Element Standards Examples & Notes
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 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 division 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 par king areas meeting the performance
standards of division 38.550.
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Table 38.510.030.B
Storefront block frontage standards.
Element Standards Examples & Notes
Sidewalk width 12 feet minimum between curb edge and storefront (area includes
clear/buffer zone with street trees)
4. 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:
a. 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;
b. 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;
c. WEATHER PROTECTION: Other proposed alternative design treatments must
provide equivalent weather protection benefits; and
d. 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.
C. Landscaped block frontages.
1. 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.
2. Vision. Figure 38.510.030.C provides a depiction of relationship between the
street, sidewalk and storefront for a property designated for a landscaped block
frontage.
Comment [b14]: I’ve swapped Landscaped
frontages up and moved Mixed back one. That way
– we can more easily discuss how the Mixed
designation is a combo of both – and we can
eliminate duplicative text.
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Figure 38.510.030.C
Landscaped block frontage vision and key standards.
3. Standards. All development as set forth in UDC 38.510.010.B on sites containing
awithin the B-2M and R-5 districts designated as landscaped block frontage
designation must comply with the following standards (on applicable block
frontages):
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Table 38.510.030.C
Landscaped block frontage standards.
Element Standards Examples & Notes
Ground floor:
Land use See Tables 38.310.030-.040 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.
See ___ for special design provisions associated with ground level residential uses adjacent to
a sidewalk.
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 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.
Comment [b15]: Suggest eliminating this and
replacing with the special design provisions in ____.
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Table 38.510.030.C
Landscaped block frontage standards.
Element Standards Examples & Notes
Parking & driveways
Also see division 38.540 of
this division 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 38.560 of this
division.
New parking structures shall
feature landscaped setbacks at least 10’ in width.
Landscaping
Also see division 38.560 of
this division 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
require wider sidewalks in special areas where called for in
adopted plans or where significant pedestrian traffic is
anticipated.
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4. 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:
a. 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).
b. 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;
c. 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.
D. Mixed block frontages.
1. 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.
2. Vision. Figure 38.510.030.D provides a depiction of relationship between the
street, sidewalk and storefront for a property designated for a mixed block frontage.
Storefront Landscaped Frontage
OR
Figure 38.510.030.D
Mixed block frontage options and standards.
3. Standards. All development as set forth in UDC 38.510.010.B on sites containing
awithin the B-2M and R-5 districts designated as mixed block frontage have the option to shall comply with either the Storefront or Landscaped block frontage
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provisions as set forth above, with the following standardsmodifications (on applicable block frontages):
Table 38.510.030.C
Mixed block frontage standards.
Element Standards Examples & Notes
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’.
See ___ for special design provisions associated with ground level residential uses
adjacent to a sidewalk.
Covered or uncovered porches may project up to 6’
into the front setback.
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.
4. 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:
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a. 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;
b. 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 38.510.030.D.4
Stoop examples.
c. 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;
d. WEATHER PROTECTION: Other proposed alternative design treatments must
provide equivalent weather protection benefits; and
e. 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.
E. Gateway block frontages.
a. Description/intent. The Gateway block frontage designation serves strategic
areas fronted by highways or other high visibility arterials that feature heavy
vehicular traffic, but there is a desire to provide attractive landscaped frontages, limit the extent of visible surface parking, and accommodate the needs of
pedestrians.
b. Vision. Figure 38.510.030.E provides a depiction of relationship between the
street, sidewalk and storefront for a property designated for the Gateway block
frontage.
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Figure 38.510.030.E
Gateway block frontage vision.
3. Standards. All development as set forth in UDC 38.510.010.B on sites containing
the gateway block frontage designation shall comply with the landscaped
block frontage provisions as set forth above, with the following modifications (on
applicable block frontages):
Table 38.510.030.E
Gateway frontage standards.
Element Standards Examples & Notes
Building placement The minimum setback for
buildings is 25’.
Building entrances At least one (publicly
accessible for commercial buildings) building entrances shall be visible and directly
accessible from the street.
Parking & driveways Surface and structured 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 60% of the
street frontage.
4. Departure criteria. See subsection C.4 of this section for criteria.
F. Internal roadway storefront block frontages.
1. Description/intent. The Internal roadway storefront block frontage designation is
intended to apply to some existing commercial storefront areas that are located on internal streets. This designation intends to reinforce and enhance the
storefront environment if and when changes occur over time.
Comment [b16]: I’d like to update or replace
this graphic and point out key elements – including
the setback, landscaping, building
location/orientation, and parking location. Perhaps
CDG will have a graphic we can borrow for this. For
now, this is a placeholder.
Comment [b17]: To update to say 60%
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2. Standards. Development as set forth in UDC 38.510.010.B on sites containing the internal roadway storefront block frontage designation shall comply with the
shall conform to the Storefront block frontage standards as set forth above, with
only the following modifications:
Table 38.510.030.F
Internal roadway storefront block frontage standards.
Element Standards
Façade transparency At least 50% of ground floor between 30” and 10’ above the sidewalk.
Landscaping A planting strip with a tree shall be integrated along the sidewalk every
40’ of lineal frontage on average.
Sidewalk width 12’ minimum walking surface (landscape planter areas may not be
counted in the sidewalk width calculations).
3. Departure criteria. See subsection B.4 of this section for criteria.
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G. Other block frontages.
1. 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.
2. Standards. All development as set forth in UDC 38.510.010.B with applicable block frontage designations shall comply with standards below (on applicable
block frontages):
Table 38.510.030.G
Other block frontage standards.
Element Standard Examples & Notes
Ground floor land use
Land use See Tables 38.310.030-.040 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’.
See ___ for special design provisions
associated with ground level residential uses adjacent to a
sidewalk.
Covered or uncovered porches
may project up to 6’ into the front setback.
Building entrances Building entrances facing the street
are encouraged. At a minimum, at
least one building entry visible and directly accessible from the street is
required. Where buildings are setback from the street, pedestrian
connections are required from the
sidewalk.
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Table 38.510.030.G
Other block frontage standards.
Element Standard Examples & Notes
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 division 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 38.560 of this division.
Landscaping
Also see division 38.550
of this division 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.
3. 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:
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a. 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.
b. 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.
H. Block frontages in the industrial zones are subject to the standards for “Other” streets
as set forth in subsection G above except:
1. Minimum front yard provisions of _____ shall supersede the building location provisions set forth in subsection G.2 of this section.
2. Planting areas between the sidewalk and the building, outdoor storage, or parking areas shall be at least 20 feet in depth with Type ___ plantings as set forth
in ___. Reductions in the landscaping frontage may be considered for low
volume and low visibility streets entirely within the industrial zone. Land uses with a
higher density of employees warrant standard landscaping and pedestrian access provisions.
I. Trail/ Park frontages. Where a property fronts onto a park or a public trail, such
frontages shall comply with the mixed block frontage standards set forth in
subsection D of this section. For developments/uses with non-residential uses that the
review authority determines that an orientation to the trail would not be appropriate
based on the context of the site, the development shall be subject to the standards for “Other Block Frontages” set forth in subsection G above, with a minimum building
setback of 20 feet (from applicable park/trail right-of-way, easement, or property
line.
The development in the left image includes a courtyard that orients towards the trail. The low fence allows
visibility between the uses, yet divides public and private space in an acceptable manner. The right image
illustrates an active commercial use fronting on the trail.
Figure 38.510.030.I
Park/trail frontage examples
J. Special residential block frontage standards along sidewalks and internal pathways.
The objective of this standard is to ensure privacy and security for residents, and an
attractive and safe pathway that complements the qualities of the adjoining
Comment [b18]: Xref to zoning setbacks
Comment [b19]: X ref to the section in division
38.560 (landscaping)
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residences within a residential complex. For residences with ground floor living spaces facing a sidewalk or pedestrian path in a residential or mixed use
development, the building shall feature at least one of the public/private space
transition elements described below:
1. Raised deck or porch option. Provide at least a 60 square foot porch or deck
raised at least one foot above grade. The porch or deck shall be at least six feet
wide, measured perpendicular to the building face. (The deck may be recessed into the unit floor plan so that deck does not extend from the building face a full
six feet.) A low fence, rail or hedge, two feet to four feet high, may be
integrated between the sidewalk or internal pathway and deck or porch.
2. Private open space option. Provide a minimum ten-foot wide private open
space between the face of the residence and the edge of the walkway. The space may be paved or landscaped. A fence or planting two to four feet high
shall be provided within the open space.
3. Landscaped area. Provide a minimum ten-foot wide landscaped area between
the face of the building and the edge of the pathway. The plantings shall reach
three feet high within three years after planting.
4. Raised ground floor. If the residence’s ground floor is a minimum of three feet
above the grade adjacent to the building, then the landscaped area in option
c, above, may be reduced to four feet wide.
Other transition design measure that adequately protects the privacy and
comfort of the residential unit and the attractiveness and usefulness of the pathway at least as effectively as option 1 through 4 above.
See Figure 38.510.030.J below for examples of the above treatments.
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The upper left image uses a low fence and landscaped setback. The right imaged use landscaped terraces and
elevated ground level units. The lower left image uses a landscaped berm between the pathway and semi-private
open space.
Figure 38.510.030.J
Acceptable public/private transitional space design between sidewalk or
pathways and ground level residential units.
K. 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:
1. 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:
a. Storefront;
b. Mixed;
c. Landscaped; then
d. Other.
Items 2-5 below clarify how the order of preference works for particular frontage
elements.
2. 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).
3. 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.
4. 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).
5. Parking: Surface parking (including ground floor parking in a structure) adjacent
to a street corner is not allowed, except:
a. Corner lots with non-designated frontages (other) on both streets;
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b. Other combination of block frontages, except those with a storefront designation, via a departure and subject to the applicable departure criteria.
Figure 38.510.030.K
Clarifying block frontage standards on street corners.
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L. Community Design Framework Master Plan. Recently annexed or rezoned commercial or mixed-use properties along with strategic large undeveloped sites
necessitate a different approach to applying block frontage standards. The
provisions below identify the intent, applicable sites, block frontage designation
options, and special standards for developing community design framework master plans.
1. Intent.
a. To provide thoughtful and fair process to plan for the development of large
and new commercial and mixed-use sites consistent with Bozeman’s growth
policy.
b. To promote the arrangement of streets, buildings, open space, parking and
service areas that creates a strong sense of community and enhances the
character of Bozeman.
c. To avoid uncoordinated patterns of development that waste valuable land,
compromise vehicular and pedestrian access, and degrade the character of
Bozeman.
2. Applicable sites.
a. Sites shown on
b. Recently annexed sites zoned as one of the commercial or mixed-use zoning
districts.
c. Sites recently rezoned one of the commercial or mixed-use zoning districts that
are not addressed in the community design framework maps in section
38.510.020.
3. Block frontage designations options.
a. Prior to site development of applicable sites, a community design framework
master plan shall be developed, approved and recorded for the property per
the procedures set forth in _____. The master plans shall include:
(1) New streets and internal roadways along with block frontage designations (types included in this section)
(2) Any designated high visibility street corners.
(3) Any planned open spaces, trails, and shared use paths.
(4) Any special phasing conditions.
(5) Other special design conditions unique to the site and plan that shall be
implemented with future site plan development.
b. Community design framework master plans may utilize any existing block
frontage designations that border the site, or include an alternative block
frontage designation type or types, subject to master plan approval.
c. Alternatively, site plan development may occur on applicable sites without an
approved and recorded community design framework master plan provided
Comment [b20]: Per discussion with staff -
consider a separate permit specific to block
frontages that could be processed simultaneous
with other permits. Maybe also allow such plans to
be integrated with subdivisions or PUDs. But – since
some developments may occur separate from these
–we likely need to have an independent process.
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all block frontages comply with the standards for mixed block frontages as set forth in subsection D of this section.
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NOTE – FOR OTHER COMMUNITIES – WE’VE SPECIFICALLY NOTED ON THE CDF MAPS FOR LARGE
UNDEVELOPED COMMERCIAL /MIXED-USE SITES – WHERE A CDFMP MUST BE ADOPTED AND
RECORDED PRIOR TO DEVELOMENT – OTHERWISE – THEY COULD USE THE DEFAULT “MIXED” FRONTAGE TYPE/STANDARDS.
4. Master plan design standards. Community design framework master plans shall
meet the intent as set forth above plus the following parameters for specific sites:
Table 38.510.030.L
Community design framework master plan design standards
The provisions below are intended to guide the design of individual community design
framework master plans. They are referred to as standards, since all proposed plans must successfully demonstrate how they comply with the provisions herein.
All Sites Configure site to create a pedestrian-oriented focal point. Such a focal point
could be a main street (storefront), a central square surrounded by
storefronts or other similar.
Larger sites have greater expectations in the amount of storefront designated
frontages.
Goals, policies and concepts from adopted plans shall be used to help
determine compliance with these standards.
OTHER SITES WITH SPECIAL STANDARDS
Sites A-D Provide a fine grain of streets and internal streets and walkways that provides
good pedestrian and auto circulation between commercial and mixed uses
towards Highway XX and residential uses to the west/east.
Whereas the focal point of future development might be internal to the site,
the Highway XX block frontage will function as a major gateway into the city –
emphasizing the importance of views into the site from the Highway.
Configure development on Site B to include a storefront street parallel to
and/or perpendicular to Highway XX.
Site E Develop the site utilizing the block frontage designations shown in Figure __;
OR.
Reconfigure the streets and block frontage configuration that creates a similar
focal point and arrangement that helps to establish (PLACENAME) as a distinct
pedestrian-friendly development.
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Examples of commercial centers configured to create a pedestrian-oriented focal point. Parking areas are carefully
located to provide convenience while minimizing impacts to the visual and pedestrian environment.
Figure 38.510.030.L
Example type of development appropriate for Sites A-D.
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38.520 Site Planning & Design Elements (New)
Sec. 38.520.010. – Purpose.
A. Preserve and protect the public health, safety, and welfare of the citizens of
Bozeman.
B. To promote thoughtful layout of buildings, parking areas, and circulation, service,
landscaping, and amenity elements that enhances Bozeman’s visual character,
promotes compatibility between developments and uses, and enhances the
function of developments.
Also see the individual “intent” statements for each section in this division.
Sec. 38.520.020. – Applicability and compliance.
The provisions of this chapter shall apply to all non-residential and multifamily
development within Bozeman. Also:
A. For the application of building additions and remodels and site improvements, see
section 38.500.020.
B. For clarification on how the provisions of this chapter are applied, see section
38.500.030.
C. For sites within the city's established neighborhood conservation overlay district:
Where there is a conflict between the standards in this section and the neighborhood conservation overlay district standards in division 38.340, the most
restrictive provisions shall apply as determined by ___.
Comment [b21]: Staff – close review here of
wording and approach. I added the “as determined
by” to integrate some much needed flexibility. The
way I see it – the code provides the prescriptive
standards – but the NCOD guidelines get into more
detail in some cases – and may provide guidance
useful to any departures that might come into play.
This clarification is more important for the building
design section, but it still needs to be noted here.
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Sec. 38.520.030. – Relationship to adjacent properties.
A. Intent.
1. To promote the functional and visual compatibility between developments.
2. To protect the privacy of residents on adjacent properties.
B. Balconies along side and rear yards adjacent to residentially zoned properties.
Balconies or rooftop decks within 15 horizontal feet of a side property line abutting a
residentially zoned property shall feature a railing system that is at least 50 percent
opaque. Specifically, 50 percent of the area below the railing shall be a sight-
obscuring structure.
Figure 38.520.030.B
Privacy Standards for Balconies Within 15 Feet of Side or Rear Yards
Departures to this standard will be allowed per ___ if the balcony will not cause visual or privacy impacts due to its location, orientation, design or other
consideration.
C. Solar access and privacy along side and rear yards. Buildings or portions thereof containing
multifamily dwelling units whose only solar access is from the applicable side of the building
(facing towards the side property line) shall be set back from the applicable side or rear
property lines at least 15 feet. See Figures 38.520.030.B and C. Departures per __will be
allowed where it’s determined that the proposed design won’t create a compatibility
problem in the near and long term based on the unique site context.
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Figure 38.520.030.C
Solar access and privacy standards for multifamily residential buildings along side/rear yards.
Sec. 38.520.040. – Non-motorized circulation & design.
A. Intent.
1. To improve the pedestrian and bicycling environment by making it easier, safer,
and more comfortable to walk or ride among residences, to businesses, to the
street sidewalk, to transit stops, through parking lots, to adjacent properties, and
connections throughout the city.
2. To enhance access to on- and off-site open space areas and pedestrian/bicycle
paths.
B. Access to sidewalk. All buildings shall feature pedestrian connections to a sidewalk
per applicable block frontage standards in __. See subsection D below for access
design requirements.
Figure 38.520.040.B
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Examples of direct pedestrian access to buildings from the street.
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C. Internal circulation.
1. For sites with multiple buildings, pedestrian paths or walkways connecting
businesses and residential entries on the same development site shall be provided. Routes that minimize walking distances shall be utilized to the extent
practical. Departures will be allowed where steep slopes prevent a direct
connection or where an indirect route would enhance the design and/or use of
a common usable open space. See subsection D below for walkway design standards.
Figure 38.520.040.C.1
Internal and external pedestrian connections are important.
2. Sites with residential units. Provide direct pedestrian access between all ground
related unit entries and a public street or to a clearly marked pathway network
or open space that has direct access to a public street. Residential
developments shall provide a pedestrian circulation network that connects all main entrances on the site to other areas of the site, such as:
a. Parking areas.
b. Recreational areas.
c. Common outdoor areas.
d. Any pedestrian amenities.
For townhouses or other residential units fronting the street, the sidewalk may be
used to meet this standard.
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The entries of the example on the left connect directly to a public sidewalk while the entries in the right example connect to a common path that extends to the sidewalk.
Figure 38.520.040.C.2.a
Direct pathways between the street and dwelling units are required.
Figure 38.520.040.C.2.b
Examples of attractive pedestrian connection through a residential development.
3. Crosswalks are required when a walkway crosses an on-site paved area
accessible to vehicles. Crosswalks shall contain contrasting material (such as
concrete) and/or patterns (such as stamped asphalt).
4. Pedestrian paths through parking lots. Developments shall provide specially
marked or paved sidewalks through parking areas. At least one walkway shall
be provided every four rows of parking or at a maximum spacing of 200 feet.
The pathways shall provide a safe connection to the building entrance and meet the pathway design standards set forth in subsection D below. See
examples below.
Comment [b22]: Public works review
Comment [b23]: Intended to supercede the
basic current language in 38.25.020.L
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Note the location of the parking lot pathway in the upper right example (connecting shops in one building to the
main entry of a grocery store).
Note in the both examples that the concrete pathway extends into the vehicular area to provide a highly visible and safe crosswalk.
Figure 38.520.040.C.4
Parking area pathway standards and examples.
5. Connections to adjacent properties (including parks and trails). Provide
pedestrian walkways that connect to adjacent properties, except in one of the
following circumstances:
a. When adjacent properties are residential developments of fewer than five
dwelling units.
b. When the pathway could connect a residential development to Business
zone.
c. Where it is determined that internal connections aren’t necessary due to
shallow lot depths, steep slopes, or other contextual challenges.
6. Barriers that limit future pedestrian access are prohibited. Gates that limit access
to employees are permitted. See subsection D below for walkway design
standards.
Comment [b24]: Close review. Intended to
integrate some common sense per director.
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7. Provide easements for pedestrian access to facilitate the future extension of paths when adjoining properties are improved.
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D. Pathway design.
1. All internal pedestrian walkways shall have at least a five-foot-wide unobstructed
walking surface, except where wider walkways are prescribed in this chapter or where the applicable uses and context dictate wider walkways.
2. Where parking is adjacent to perpendicular or angled parking, an extra two feet
of walkway width shall be provided to mitigate for parked vehicles overhanging
the walk way.
3. Pedestrian walks shall be separated from structures at least three feet for
landscaping except where the adjacent building façade meets the Storefront
block frontage standards per section 38.510.030.B. Other landscaping and/or façade design treatments to provide attractive pathways will be considered.
Examples include sculptural, mosaic, bas-relief artwork, or other decorative
treatments that meet the intent. Figure 38.520.040.D.3 below provides one
example.
Internal walkways adjacent to building walls that do not meet Storefront façade standards shall provide at least three feet of
landscaping to enhance the character of the walkway. The reviewing authority will consider alternative treatments, such as
decorative walls (right example).
Figure 38.520.040.D.3
Standards for internal walkways adjacent to buildings
4. Pathway design where multi-tenant commercial or mixed-use buildings 100 feet
or more in length face parking lots. Such pathways shall feature a 12-foot wide
sidewalk with:
a. Eight feet minimum unobstructed width.
b. Trees, as approved by the reviewing authority, placed at an average of 30
feet on-center and placed in grates or in planting strips as set forth in
subsection c below. Breaks in the tree coverage will be allowed near major
building entries to enhance visibility. However, no less than one tree per 60 lineal feet of building façade shall be provided.
c. Planting strips may be used between any vehicle access or parking area and
the pathway, provided that the trees required above are included and the
Comment [b25]: Close review – planning and
public works. In some places – code requires only 3’
pathway.
Comment [b26]: Critical design element.
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pathway meets the applicable width standards herein and the combined pathway and planting strip is at least 12 feet wide.
Figure 38.520.040.D.4
Example of a successful pedestrian sidewalk between parking lot and storefront.
e. Light pathways in accordance with ___.
f. See also ___, Internal Roadway Design.
E. Bicycle facilities. Provide bicycle racks, lockers, or other means of safely and
conveniently parking bicycles at the rate specified in section 38.540.050.
Sec. 38.520.050. – Vehicular circulation & parking.
The standards herein shall supplement the provisions of divisions 38.400 and 540. Where there is a conflict, the provisions herein shall apply.
A. Intent.
1. To create a safe, convenient, and efficient network for vehicle circulation and parking.
2. To enhance the visual character of interior access roads.
3. To minimize conflicts with pedestrian circulation and activity.
B. Driveway provisions. Driveways shall meet the standards set forth in section
38.400.090. Supplemental provisions:
Minimize parking lot entrances, driveways, and other vehicle access routes onto
private property from a public right-of-way through the following means:
1. Driveway lanes crossing a public sidewalk shall be no wider than the minimum
required per entry or exit lane. The city may impose additional restrictions to parking lot and vehicle access points to reduce impacts to public safety,
pedestrian movement, on-street vehicle circulation, and visual qualities.
2. Minimize the number of driveway entrances. Comply with the provisions of ___.
Comment [b27]: For now – a simple cross
reference. There are also special bike parking
provisions in the mixed-use zones that we might
want to X ref…..?
Comment [b28]: Close review of material below
and how it might work with the existing driveway
standards in 38.400.090. Also – I’m wondering if
the updated DOP will address driveways – as we’ll
want to decide the best approach to dealing with
driveways between the 3 documents/sections
Comment [b29]: There’s an argument that
provisions like this are more appropriate in the
DOP….?
Comment [b30]: X ref to any specific PW
standards?
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3. The reviewing authority may require joint driveways serving adjacent developments when joint access is physically and legally available.
4. Minimize conflicts between entries and vehicle parking and maneuvering areas.
5. At street corner sites, driveways shall be located on the lowest classified roadway and as close as practical to the property line most distant from the intersection,
unless the reviewing authority finds there is a compelling reason to the contrary.
C. Inter-site connectivity. The provision of through vehicle access connections
between commercially or non-residentially zoned properties is required except
where the reviewing authority determines it is infeasible or undesirable (e.g., where it
is determined that such a vehicle connection would impact safe pedestrian movement). Vehicle access may be in the form of a dedicated or private alley,
connected or shared parking lots, shared driveways, or similar features.
D. Internal roadway design.
1. To increase the function and appearance of internal roadways on large sites
(greater than two acres), street trees and sidewalks shall be provided on all
internal access roadways, excepting access roads designed solely for the
purpose of service (e.g.: waste pick-up) and loading.
2. In some instances where traffic speed and volume are low, the reviewing
authority may approve a street where vehicle, bicycle and pedestrian movement are mixed such as in a “woonerf” or “shared street”. Woonerf streets
shall feature traffic calming and safety measures as well as landscape and
amenity features as determined by the reviewing authority.
The examples above include angled parking and planter strips with street trees. Pedestrian-scaled lighting also
contributes to the character in the upper right image.
Comment [b31]: I assume this would be covered
in the provisions of 38.400.090 but I couldn’t find it.
Close review.
Comment [b32]: Close review. The existing
section on “blocks” in 38.410.040 relates to issue –
perhaps a X reference?
Comment [b33]: Add a X ref to community
design section.
Comment [b34]: I’m wondering if the new DOP
might also touch on this issue? Including it here
should provide more “teeth” to the provision.
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The above left image illustrates a thoroughfare lane with a row of street trees. A sidewalk is included on one side of
the street to provide a strategic connection between businesses. The right image illustrates the curbless “woonerf”
design where travel speeds are low and lanes are shared between pedestrians and vehicles.
Figure 38.520.050.D
Good internal roadway examples.
3. Drive-through facilities. Where allowed, drive through facilities (e.g., drive-up
windows) shall comply with the following.
a. Drive-through lanes, including waiting and holding lanes, shall be separated
from public view and internal sidewalks by a planting strip (at least five feet wide with continuous plantings of evergreen shrubs and/or trees that will
provide continuous evergreen screen at least four feet tall at maturity) and/or
a masonry wall at least three feet high. Alternative landscaping schemes
may be approved provided they include the masonry wall and a substantial vegetative screen. The landscaping shall comply with division 38.560.
b. Drive-through lanes shall not restrict pedestrian access between a public
sidewalk and on-site buildings. Walkways shall not be located within required
stacking space as set forth in section 38.540.020.N.
c. Also see sections 38.360.100 and 38.540.020.N for related standards.
Sec. 38.520.060. – Internal open space.
A. Intent.
1. To create useable space that is suitable for leisure or recreational activities for residents.
2. To create open space that contributes to the residential setting.
3. To provide plazas that attract shoppers to commercial areas.
4. To provide plazas and other pedestrian oriented spaces in commercial areas
that enhance the employees’ and public’s opportunity for active and passive
activities, such as dining, resting, people watching, and recreational activities.
5. To enhance the development character and attractiveness of commercial development.
Comment [b35]: The first reference applies to
architectural/noise standards associated with drive
thru restaurant uses – the second reference relates
to stacking space standards.
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B. Usable residential open space.
1. All multifamily development, including multifamily portions of mixed-use
development, shall provide minimum usable open space equal to 100 square
feet per dwelling unit for studio and one bedroom dwellings and 150 square feet
per dwelling unit for dwellings with two or more bedrooms. The required open
space may be provided in a combination of ways:
a. Common open space. 100 percent of the required open space may be in the
form of common open space available to all residents and meeting the
requirements of subsection B.2 below. Common open space may be in the
form of courtyards, front porches, patios, play areas gardens or similar spaces.
b. Ground level private yard space. 100 percent of the required open space
may be provided by ground level yard space that is adjacent and directly
accessible to the subject unit. Spaces must be enclosed by a fence and/or
hedge at least 32 inches in height to qualify.*
c. Balconies. Up to 50 percent of the required open space may be provided by
private balconies provided they meet the requirements of subsection B.3 below.*
d. Common indoor recreation areas. For mixed-use buildings up to 50 percent of
the required open space may be provided by common indoor recreation
areas meeting the requirements of subsection B.4 below.
e. Shared roof decks. For mixed-use buildings, up to 50 percent of the required
open space may be provided by shared roof decks located on the top of
buildings which are available to all residents and meet the requirements of subsection B.5 below.
* Individual private open space as defined in subsections B.1.b and c that are in excess of minimum requirements shall not be used in the calculations for
determining the minimum usable open space requirements for other units in
the development.
2. Common open space. Common open space can include landscaped
courtyards or decks, entrance plazas, gardens with pathways; children’s play
areas, pools, and water features provided they are accessible to all residents of
the development. Accessible areas used for storm water retention or other
multipurpose recreational and/or green spaces that meet the design criteria
herein may qualify as common open space.
Special requirements for common usable open spaces include the following:
a. Common open spaces shall be located in centralized areas that are visible
from units within the development.
b. Required setback areas shall not count as common open space unless the
design of the space meets the standards herein.
c. Common open space shall feature no dimension less than 15 feet in order to
provide functional leisure or recreational activity (unless otherwise noted
herein).
Comment [b36]: As noted previously – suggest
moving the internal multifamily open space
provisions out of 38.420.020 (38.27.020) park area
and open space requirements to here – together
with the other site and building design standards for
such uses.
Comment [b37]: Utilizes existing standards in
38.420.020.E (38.27.020.E)
Comment [b38]: Might need to adjust name –
as term is now used to refer to designated land
within a subdivision.
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d. Space shall feature paths or walkable lawns, landscaping, seating, lighting, and play structures, sports courts, or other pedestrian amenities to make the
area more functional and enjoyable for a range of users.
e. Common space shall be separated from ground level windows, streets,
service areas and parking lots with landscaping, fencing, and/or other
acceptable treatments that enhance safety and privacy for both the
common open space and dwelling units.
f. When possible the space shall be oriented to receive sunlight, face east, west
or preferably south, when possible.
g. Stairways and service elements located within or on the edge of common open space shall not be included in the open space calculations.
h. Shared porches may qualify as common open space provided they are at least 8 feet in depth and width.
i. The space must be accessible to all residents of the development.
The upper examples include a combination of open lawn area for informal recreation plus walkways and decorative
landscape areas to enhance the setting for residents.
The left image above includes a covered gathering space with outdoor grills adjacent to a landscaped commons with
a central pathway. The right image includes a pond/wetland type area with boardwalk and seating areas.
Figure 38.520.060.B.2
Common open space examples.
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3. Private balconies and decks. Such spaces shall be at least 35 square feet, with no dimension less than 4 feet, to provide a space usable for human activity.
4. Indoor recreational areas. Such spaces shall meet the following conditions:
a. The space shall meet ADA standards and shall be located in a visible area, such as near an entrance, lobby, or high traffic corridors.
b. Space shall be designed specifically to serve interior recreational functions and not merely be leftover unrentable space used to meet the open space
requirement. Such space shall include amenities and design elements that will
encourage use by residents.
5. Shared rooftop decks. Such spaces shall meet the following requirements:
a. Space shall be ADA accessible to all dwelling units.
b. Space shall feature hard surfacing provide amenities such as seating areas,
landscaping, and/or other features that encourage use.
c. Space shall integrate landscaping elements that enhance the character of
the space and encourage its use.
d. Space shall incorporate features that provide for the safety of residents, such
as enclosures, railings, and appropriate lighting levels.
Figure 38.520.060.B.5
Rooftop deck examples.
C. Usable commercial open space. New developments with non-residential uses
(except for development within the industrial zones) on sites with a total site area
greater than one acre shall provide open space equal to at least two percent of the development envelope. The open space may be in the form of pedestrian-
oriented open space per subsection D below, garden, play area or other open
space feature that serves both as a visual amenity and a place for human activity.
Portions of sidewalks that are wider than 12 feet and which meet the standards of pedestrian-oriented open space may be counted toward this requirement. For this
specific standard, “Site area” includes all land needed for the non-residential
portion of the project including parking, service areas, access and required
landscaping. Non-residential open space features shall be approved by the reviewing authority.
Comment [b39]: Staff – double checking if we
need to say this – or if we need to add a cross
reference or update terminology?
Comment [b40]: Close review. Prescriptive
number needed as a minimum as a key negotiating
tool.
Comment [b41]: This term is currently defined
and would seem to fit the need here.
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Reduced open space area will be considered by the reviewing authority for projects that feature exceptional design features and elements that meet the intent
of the standards. This includes open spaces that feature a combination of design
(site materials, amenities, and configuration) and location/context that clearly
exceed typical plaza designs found in the region. All departures shall feature usable open space no less than one percent of the development envelope.
The “development envelope” on both sites is 102,400sf (2.35 acres). The minimum amount of usable commercial
open space (2% of development envelope) is 2,048sf. The left example consolidates the open space into one plaza
near the major building entry. The right example includes three separate open spaces at strategic, visible locations.
Figure 38.520.060.C
Example site development integrating usable commercial open space.
D. Pedestrian-oriented open space design criteria. This subsection describes the
requirements and desired characteristics of pedestrian oriented open space (which
may be used to meet the requirements of subsection C above).
1. Required pedestrian-oriented open space features.
a. Visual and pedestrian access into the site from a street, private access road, or
non-vehicular courtyard.
b. Paved walking surfaces of either concrete or approved unit paving.
c. Lighting shall conform to ___.
d. The spaces shall be located in or adjacent to areas with significant pedestrian
traffic to provide interest and security, such as adjacent to or visible from a
building entry.
e. At least two feet of seating area (a bench or ledge at least 16 inches deep
and appropriate seating height) or one individual seat per 60 square feet of plaza area or open space.
f. Landscaping components that add visual interest and do not act as a visual
barrier. This could include planting beds, potted plants, or both.
2. Desirable pedestrian-oriented open space features.
Comment [b42]: The updated DOP, I assume,
may have some good design criteria/characteristics,
as well.
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a. Pedestrian amenities, such as site furniture, artwork, drinking fountains, kiosks, or other similar features.
b. Adjacent buildings with transparent window and doors covering at least 50
percent of the façade between 30 inches and 10 feet above the ground
level.
c. Pedestrian weather protection, alcoves, seating, or other features along
building edges to allow for outdoor gathering.
3. Features prohibited within a pedestrian-oriented open space.
a. Asphalt pavement.
b. Adjacent service areas (e.g., trash areas) that are not separated with
landscaping, as required in ___.
c. Adjacent chain-link fences.
d. Adjacent "blank walls" without "blank wall treatment" (see ____).
e. Outdoor storage.
Figure 38.520.060.D.1
Example of a small pedestrian-oriented open space
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The left example above is a colorful plaza with outdoor seating, landscaping elements and direct access to adjacent
retail uses. The upper right image is a commons area with adjacent covered areas.
A covered outdoor gathering space (left) may be used to meet pedestrian-oriented open space requirements. In the
right image, the widened sidewalk area may be counted as pedestrian-oriented open space.
Figure 38.520.060.D.2
Desirable examples of pedestrian-oriented open space
Sec. 38.520.070. – Location and Design of Service Areas and Mechanical
Equipment.
TO BE COMPLETED – I’LL RE EXAMINE EXISTING PROVISIONS TO SEE WHAT MIGHT BE KEPT VERSUS
UPDATED AND FILL THE NECESSARY GAPS. DOP UPDATE MAY TOUCH ON ISSUE AS WELL?
Comment [b43]: Coordinate examples with
updated DOP. Swap at least one of these images
with good Bozeman examples (most of my examples
come with snow or dreary skies! From my visits!)
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38.530 Building Design (New)
Sec. 38.530.010. – Purpose.
See the individual “intent” statements for each section in this division.
Sec. 38.530.020. – Applicability and compliance.
The provisions of this chapter shall apply to all non-residential and multifamily
development within Bozeman. Also:
A. For the application of building additions and remodels and site improvements, see
section 38.500.020.
B. For clarification on how the provisions of this chapter are applied, see section 38.500.030.
C. For sites within the city's established neighborhood conservation overlay district: Where there is a conflict between the standards in this section and the
neighborhood conservation overlay district standards in division 38.340, the most
restrictive provisions shall apply as determined by ___.
Sec. 38.530.030. – Building character.
NOTE – IT’S PROBABLY BEST NOT TO HAVE STANDARDS HERE – BUT POINT TO THE BUILDING MASSING/ARTICULATION, BUILDING DETAILS, AND BUILDING MATERIALS SECTIONS TO
DERIVE CHARACTER. ALSO – PERHAPS WE POINT TO THE UPDATED DOP FOR CHARACTER
GUIDANCE…..?
ALSO – NOTE SECTION 38.360.100. - Convenience uses and drive-through/drive-in
restaurants. (38.22.100) NOW ADDRESSES ARCHITECTURAL DESIGN OF CHAIN TYPE
USES/RESTAURANTS – THIS MAY BE ADDRESSED IN THE DOP AND/OR MIGHT BE REFERENCED HERE.
HISTORIC PRESERVATION – MOSTLY REFER TO NCOD PROVISIONS AND GUIDELINES…?
Sec. 38.530.040. – Building massing & articulation.
SECTION TO ADDRESS – ARTICULATION OF STOREFRONTS AND MULTIFAMILY RESIDENTIAL
BUILDINGS, MAXIMUM FAÇADE WIDTH (PERCEIVED), AND MAYBE ROOFLINE
ARTICULATION
Sec. 38.530.050. – Building details.
SECTION TO ADDRESS – FAÇADE DETAILS TOOLBOX (STANDARDS) FOR COMMERCIAL
AND MIXED-USE BUILDINGS, SPECIAL WINDOW DESIGN STANDARDS (RECESS/FRAMING),
HIGH VISIBILITY STREET CORNER BUILDING STANDARDS (X REFERENCE TO LOCATIONS ON
BLOCK FRONTAGE MAPS), ARTICULATED BUILDING ENTRIES
Sec. 38.530.060. – Building materials.
SECTION TO ADDRESS – SPECIAL STANDARDS FOR USE OF CMU, EIFS, METAL SIDING, AND CEMENT BOARD. NOTE ANY POSSIBLE PROHIBITED MATERIALS (SUCH AS REFLECTIVE
GLASS?).
Comment [b44]: Division to be completed –
below is an outline of elements. Coordination with
updated DOP will be particularly important here –
for now I’ve listed some key elements I expect to be
detailing. I assume the DOP will have supplemental
guidance on some or many of these issues
Comment [b45]: Staff – again - close review
here of wording and approach. I added the “as
determined by” to integrate some much needed
flexibility. The way I see it – the code provides the
prescriptive standards – but the NCOD guidelines
get into more detail in some cases – and may
provide guidance useful to any departures that
might come into play.
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Sec. 38.530.070. – Blank wall treatments.
SECTION TO ADDRESS – DEFINITION OF BLANK WALL AND ACCEPTABLE TREATMENTS.