HomeMy WebLinkAbout03-03-17 Public Comment - R. Peters and K. Bryan -Black OliveATTENTION: Design Review Board (DRB)
cc: City Commission, Community Planning Department
The attached document contains valuable information and input which will help streamline
and support the discussion and review of the Black-Olive design by the DRB on March 8th.
In case you want to read the document in hard copy prior to Wednesday's meeting,
you will receive a color print out of this document in your City mail box on Monday morning
Enclosed:
1) Cover Letter - Assessment of City Planning Docs and Codes 3-2-17.docx
2) Assessment of City Planning Docs and Codes 3-2-17.docx
The neighborhoods and community look forward to an evening with the DRB on Wednesday.
Sincerely,
Randy Peters & Kate Bryan.
406-585-1320
Cover Letter with ‘Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition (Updated 2-28-17)”
Prepared by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page 1 of 4
March 2, 2017
From: Randy Peters and Kate Bryan
Partners/Owners of 210 South Black Property, Bozeman
(2-story B-3 residential multi-unit historic building bordering the proposed Black-Olive development)
To: Bozeman DRB (Design Review Board) Members
Dear Members of the DRB:
Thank you for your ongoing service and focus on ensuring that design standards are adhered to by developers
in Bozeman. Specifically, we appreciate ongoing professional input as it relates the proposed Black-Olive
project to ensure that it is designed appropriately in terms of context, compatibility, character and transition to
the neighborhoods.
Concerned Community:
As part of a consortium of concerned community members across many neighborhoods in Bozeman, it is our
goal to see that the Black-Olive design gives serious attention to community concerns regarding neighborhood
and historic district impact, while simultaneously creating manageable growth and infill in the downtown core.
The proposed Black-Olive is a precedent-setting project for Bozeman. We are very concerned about the
Black-Olive’s current design and the impact it would have on bordering downtown neighborhoods for years to
come. The design must be reasonable and take into account the community and adjacent neighborhoods.
In support of ensuring an appropriate design for the Black-Olive Development and other proposed downtown
locations, we have done a thorough analysis of the City codes, Community Plans, NCOD (Design Guidelines)
and Downtown Improvement Plan and identified the numerous references to the importance of considering
neighborhood context, compatibility, character and transition in development review decisions.
Our Summary Report:
Our report (Attached) thoroughly analyzes the following city planning documents,
codes and design guidelines to ensure that neighborhood concerns regarding
appropriate context, compatibility, character and transition (including overall
mass and scale) are fully considered as part of the development review process:
Bozeman Community Plan (Growth Policy)
Current Municipal Code, Chapter 38, Uniform Development Code (UDC)
Neighborhood Conservation Overlay District (NCOD) and Guidelines
(within article 16 of UDC)
Downtown Improvement Plan (DIP)
Attached Reference Document:
The purpose of the attached document is to:
1) Ensure that B-3 development project reviews thoroughly consider the context, compatibility, character
and transitions with bordering historic neighborhoods and structures.
2) Provide excerpts from the city’s existing planning documents, codes and design guidelines which
clearly emphasize the importance of carefully deliberating proposed and future development’s impact
on Bozeman neighborhoods and the community as a whole.
3) Illustrate (through visual examples) the clear need to address a developments context, compatibility,
character and transition with existing neighborhoods in the review process.
Cover Letter with ‘Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition (Updated 2-28-17)”
Prepared by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page 2 of 4
The attached document provides a comprehensive look at all references to “neighborhoods” in the collective
City code, plans and design guidelines.
A Few “Key Excerpts” from the Attached Document:
The NCOD Design Guidelines Plan is a “direct regulatory document” as stated by Chris Saunders at the 11-
28-16 City Commission meeting.
In addition, UDC include regulatory clauses such as:
1. Chapter 38’s intent and purpose includes a statement under 38.01.040 part B “promote development
approaches that minimize costs to local citizens and the effective and efficient provision of public
services, protecting the rights of property owners”. It also states in part E, “these regulations are also
intended to implement the goals and objectives of the city’s adopted growth policy. In a case of a
difference of meaning or implication between this chapter and the city’s adopted growth policy, the
growth policy shall control”.
2. Article 7, 38.07.040 part B states, “Where physical or cultural features 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”.
3. The NCOD provides that Standards for Certificates of Appropriateness Part B: “must consider design
compatibility with neighboring structures and properties including height, scale and directional
expression with regard to the dominant expression of surrounding structures”.
4. Plan Review Criteria Part A includes considering the “conformance and consistency with the City’s
adopted growth policy”. It also includes consideration of a development plan’s “compatibility with and
sensitivity to the immediate environment of the site and the adjacent neighborhood to architectural
design, building mass and height, neighborhood identity, landscaping, historical character, orientation
of buildings on site and visual integration”.
Neighborhood Concerns:
As concerned citizens, our primary concerns are as follows:
Concern #1: A Growth Solution for Growth for All Citizens
While some label us and other concerned citizens as anti-development, anti-infill and NIMBY-driven, this is untrue
and unfair. Like many citizens of Bozeman, we know the City is going to grow and that a healthy downtown is
important. While we care about our neighborhood, we also care about the overall future of our Bozeman
Community. Rather than pitting Downtown against the neighborhoods, we believe the goal in managing growth
should occur in a way that supports downtown while simultaneously protecting the neighborhoods.
Concern #2: Precedent-Setting and Tipping Point Projects Impacting Future Development:
As many have stated (Design Review Board, City Commissioners, Planners and Citizens), the Black and Olive
development will serve as a precedent and tipping point for presumed additional growth in Bozeman’s
downtown core to the edge of existing adjacent neighborhoods.
Upon reading the initial DRC report about the proposed Black-Olive development, we became concerned that
the review was focused on whether the project only met requirements of a B-3 zoned property. Until the DRB
review of the project, there had been limited discussion about other City planning documents, codes and
guidelines -- which clearly emphasize the importance of neighborhood sensitivity in terms on context,
compatibility, character and transition.
Cover Letter with ‘Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition (Updated 2-28-17)”
Prepared by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page 3 of 4
Neighborhood Concerns (Continued):
Concern #2: Design Review Board Input is Fully Considered by City Decision Makers
We believe that it is the intention of the City Commission to consider neighborhoods in their ultimate decision
regarding Black Olive. But, the needs of the community and neighborhood, must be considered “in balance”
with (not dominated by) the input and goals of the development community and the Downtown Business
Partnership which seek to aggressively promote growth and infill in the downtown core.
Last November, the proposed Black-Olive design was unanimously rejected by the DRB; with multiple
comments of how the design failed to meet design guidelines for context, compatibility and character with a
historic neighborhood. The DRB also placed great emphasis on the lack of transition between the proposed
building in terms of it mass and height. We hope that the DRB will continue hold the Black-Olive developers to
the design guidelines regarding neighborhood context, compatibility, character and transition and will clearly
communicate these concerns to the City Commission.
Unfortunately, however, very little has changed about the design based on DRB’s initial input at the November
8
th
meeting. Most of the subsequent changes are cosmetic (change of surface materials) rather than
substantial changes to overall design. The height is still 5 stories towering like a giant cruise ship in the middle
of a historic NCOD district. It is now 56 units with only 35 parking spots (plus 4 shared spots). The proposed
design has 32 south-facing balconies perched to spread light pollution and noise while eliminating privacy for
neighborhood.
Concern #3: Ensure that the “Collective Whole” of the City’s Guiding Principles and Code Are Applied in
Review
In the attached document, you’ll see that there are over 50 references to neighborhoods in the extracted
excerpts. These excerpts are taken from the City’s current plans, codes and design guidelines. It is essential
that the review and decision process for proposed development not be limited to zoning to the exclusion of
other planning documents or articles within the UDC.
At this critical stage in our City’s growth, design review must be vigilant for B-3 developments that border
historic residential neighborhoods regardless of whether adjacent properties are zoned B-3 or other. The
collective intent of Bozeman’s plans and codes should be applied to provide appropriate transitions that are
compatible and protect the character and context of the neighborhoods at the edge of downtown.
The attached documents highlight the Community/Growth Plan and DIP guiding principles, goals and
objectives, as well as specific articles and sections under Chapter 38 (UDC) and NCOD (design guidelines) –
all of which support considering neighborhood impact as part of the development review process.
Conclusion:
At this point in the process, we conclude that the Black-Olive Developer (HomeBase Montana):
1) Has “not” sufficiently redesigned the proposed development as a result of the November DRB feedback or
the significant public comment that has been put forth from the community and neighborhoods.
2) Has “not” incorporated design changes in synch with the cumulative design guidelines and regulations
contained within the City’s current codes, plans and design guidelines.
Cover Letter with ‘Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition (Updated 2-28-17)”
Prepared by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page 4 of 4
Our Request:
As citizens of Bozeman, we request that DRB and City Commission deny the current Black-Olive application
and direct the developer to create a design that adheres to the collective regulatory UDC, Community Plans,
NCOD and design guidelines as part of the review process.
The development must be designed with appropriate context, compatibility, character and transition relative to
the neighborhood.
The attached document will aid in cooperative and responsible decisions being made on behalf of the community of
Bozeman.
We are encouraged that these issues – which the neighborhood has been discussing about for some time – are
getting continued attention from the City of Bozeman, the Design Review Board and the City Commission.
Sincerely,
Randy Peters & Kate Bryan
Reference Visuals Included:
The Attached Document includes visuals in Sections C that:
1) Illustrate how all the City’s codes, plans and design guidelines documents work together to provide
direction on development design as part of the review process.
2) Shows the Black-Olive design “Olive Avenue” Streetscape in terms of the project’s context,
compatibility, character and transitions with bordering historic neighborhoods and structures.
3) Shows perspective drawing from the Southwest on Black Olive illustrating the extreme height and lack of
context, compatibility, character and transition with the neighborhood
4) How the current Black Olive Design and towering height are extremely incompatible with the historic
areas it borders in very close proximity.
5) Illustrate the long-term, cumulative effects and hidden costs of unchecked development on community.
6) Show examples of other Bozeman-area projects which are doing much more than the Black-Olive
Developers to ensure that Neighborhood concerns are being addressed in proposed designs.
Updated 2/28/17
Prepared and Shared by:
Randy Peters & Kate Bryan
Assessment of Bozeman Planning Document (City Plans, UDC,
NCOD and Design Guidelines) in Support of Neighborhood
Context, Compatibility, Character & Transition.
Updated February 28, 2017
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 1 of 53
About This Document
This document includes an assessment of the adopted Bozeman city plans, codes and design guidelines
as they currently exist, and are based on thorough read and analysis of the following city planning
documents, codes and design guidelines:
Bozeman Community Plan (Growth Policy)
Current Municipal Code, Chapter 38: Uniform Development Code (UDC)
Neighborhood Conservation Overlay District (NCOD) and Guidelines
(within Article 16 of the UDC)
Downtown Improvement Plan (DIP)
This document is organized into three (3) sections with each section addressing these identified
objectives:
1) Ensure that B-3 development project reviews thoroughly consider the context, compatibility,
character and transitions with bordering historic neighborhoods and structures as required by
the City’s Community Plan, the UDC, NCOD and DIP regardless of simple zoning designations.
2) Provide excerpts from the city’s existing planning documents, codes and design guidelines
which clearly emphasize the importance of carefully deliberating proposed and future
development’s impact on Bozeman neighborhoods and the community as a whole.
3) Illustrate (through visual examples) the clear need to address the context, compatibility,
character and transition with existing neighborhoods in the development review process.
This contents document is organized into to following sections:
CONTENT PAGES
SECTION A: Development Review in the B-3 Zoning District Must
Consider the Collective Guidelines in the City’s Community Plan
(Growth Policy), UDC, NCOD and DIP.
Pages 2 – 7
SECTION B: Neighborhood References in Current City Plans, Codes
and Design Guidelines
Pages 8 – 46
SECTION C: Visual Examples (Considering Development Context,
Compatibility, Character and Transition)
Pages 47 - 53
We hope this document will aid the City Commission, City Staff and Boards, Bozeman Citizens and
Neighborhoods in the decisions affecting the code update and the review of proposed and future
development in Bozeman.
Thank you.
Sincerely,
Randy Peters & Kate Bryan
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 2 of 53
SECTION A
Development Review in the B-3 Zoning District Must
Consider the Collective Guidelines in the City’s
Community Plan (Growth Policy), UDC, NCOD and DIP
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 3 of 53
SECTION A
Development Review in the B-3 Zoning District Must Consider the Collective
Guidelines in the City’s Community Plan (Growth Policy), UDC, NCOD and DIP.
INTRODUCTION
Appropriate Development with Sensitivity to Neighborhood Context, Compatibility, Character and
Transition
We recognize that “all communities constantly undergo change” as recognized by the City’s growth
policy, however, as also noted “by undertaking the planning process and producing the Bozeman
Community Plan the City of Bozeman has demonstrated its desire for change to occur in an orderly
fashion, especially the community development pattern.”
1
The City of Bozeman has prepared the Bozeman Community Plan to proactively and
creatively address issues of development and change while protecting public health,
safety and welfare. The City of Bozeman, including elected officials, staff and board
appointees, will use this plan to retain and enhance those qualities that make Bozeman a
desirable place to live, work, and play as the community continues to grow and evolve.
2
With this in mind, we have prepared this document, in particular to remind the City Commission, Planning
Department, and staff of the pertinent parts of the City’s growth policy necessitating transition,
compatibility, and consideration of neighborhood character and context as between growth, development
and change and the City’s historic neighborhoods.
Neighborhood references are prominent in the language of the UDC and City’s growth policy (See
SECTION B of this document). The City Commission, Planning Department, and other staff must be
vigilant in applying these documents in review decisions taking into consideration neighborhood context,
compatibility, character and transition.
Thousands of hours of city planning time and consulting expenses were invested in creating the
Community Plan and Downtown Improvement Plan with their specific references to neighborhood
context, compatibility, character and transition. In addition, significant tax dollars were paid to consultants
to work collaboratively with the community in creating the NCOD design guidelines.
Given this investment, it is important that the references to neighborhood be given considerable weight
when assessing the appropriateness of proposed or future commercial development.
1
Bozeman Community Plan, adopted by the Bozeman City Commission, Resolution No. 4163, June 1, 2009
(“Bozeman Community Plan”), page 1-1. The Bozeman Community Plan is the City’s growth policy.
2
Id.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 4 of 53
SECTION A
Development Review in the B-3 Zoning District Must Consider the Collective
Guidelines in the City’s Community Plan (Growth Policy), UDC, NCOD and DIP.
INTRODUCTION
(Continued)
Inappropriate High Rise Intrusion:
The community fabric of the neighborhoods surrounding downtown have contributed to the overall charm,
historic integrity and livability of Bozeman while supporting the economic viability of downtown business.
The intrusion of inappropriate high
3
rise buildings, outside the City’s “core area”, with maximum footprint
and height surrounding downtown and bordering neighborhoods creates a wall, devoid of transition. A
high rise wall separates the neighborhoods and downtown which are integral to Bozeman’s character.
Without sensitivity to the surrounding context, the adjacent neighborhood character will be undermined
and ultimately degraded -- sacrificed for developer profits and business interests.
Short term gain at the expense of the community character and neighborhood integrity is not smart
growth. Ignoring neighborhoods, and the need for transition and context, is inconsistent with the
requirements of the Community Plan or the Downtown Improvement Plan.
The review process needs to consider boundary transitions with all neighborhoods adjacent to downtown.
It is extremely important that all proposed development designs respect the context, compatibility,
character and transitions between B-3 zones and neighborhoods.
The following pages summarize portions of the City’s planning documents, codes and design guidelines
and provide recommendations regarding Bozeman infill development with a focus on mitigating
neighborhood impacts resulting from B-3 development outside of the “core area” of the City’s central
business district, as that area is defined by the UDC.
3
High-rise is defined as “being multi-story and equipped with elevators” from Merriam-Webster Dictionary and “(of
a building) having a comparatively large number of stories and equipped with elevators.” In FreeDictionary.com.
four to five stories, comparatively speaking in Bozeman, should be considered a high-rise, in particular when views
of the surrounding mountains are taken into consideration.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 5 of 53
SECTION A
Development Review in the B-3 Zoning District Must Consider the Collective
Guidelines in the City’s Community Plan (Growth Policy), UDC, NCOD and DIP.
RECOMMENDATIONS
It is essential that the review and decision process related to proposed and future development should
not only be subject to UDC zoning, but also subject to rigorous standards set for by the Community Plan,
Downtown Improvement Plan and NCOD Design guidelines – which assure sensitivity to context,
compatibility, character and transition with neighborhoods and adjacent structures.
This is supported by excerpts taken from the City’s current plans, codes and design guidelines.
RECOMMENDATION: B-3 Developments must provide design with appropriate “Transition” and
“Compatibility” when bordering historic neighborhoods and existing structures.
From the UDC Code:
Commercial Development Intent (from the UDC Sec. 38:10.010):
Sensitivity to context, compatibility, character and transition (referred to above) is consistent with
the City’s own statements of intent regarding general commercial zoning and specific B-3 zoned
areas.
In support of this conversation, it is essential to point out some specific excerpts from the code
regarding Commercial development intent with regards to overlay districts and development uses
in B-3 zones which are deemed “inappropriate.”
From Part A: 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 (i.e., UDC,
Chapter 38 of the Municipal code) are met and any applicable conditions of
approval have been satisfied. Additional requirements for development apply
within overlay districts.
COMMENT: From City Commission Meeting 11/28/16; quote from Chris Saunders, Policy and
Planning Manager, in response to a City Commissioner question stated that the NCOD (with its Design
Guidelines) is a “direct regulatory document.”
From Part A-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.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 6 of 53
SECTION A
Development Review in the B-3 Zoning District Must Consider the Collective
Guidelines in the City’s Community Plan (Growth Policy), UDC, NCOD and DIP.
RECOMMENDATION: B-3 Developments must provide design with appropriate “Transition” and
“Compatibility” when bordering historic neighborhoods and existing structures. (Continued)
From Part A-4, subsection 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.
North and south of Main Street, Babcock, Olive and Lamme are not located within the “core area” of
Bozeman’s central business district, rather are transitional zones from the business district to the City’s
historic neighborhoods, making transition and compatibility critical in these areas.
Development within the B-3 zoning district should be reviewed for appropriateness based on the
collective principles and guidelines in the Bozeman’s Community Plan (growth policy) and the UDC
including full consideration of the regulations provided in the NCOD regarding neighborhoods. A
consistent approach will ensure that we can achieve a more balanced approach to growth.
As an example, B-3 developments (like proposed Black-Olive) that are excessively large in scale and
height relative to adjacent residential buildings or single family residences within the NCOD and outside
the “core area” of Bozeman’s central business district, bordering historic Bozeman neighborhoods, are
clearly not in compliance with the intent and language of the Growth Plans and collective UDC. This
proposed development is bordered (on N and S.) by two “historic-designated” B-3 properties (Blackmore
Building and 210 S. Black Avenue), as well as the South Tracy-South Black Historic District, which are
listed on the National Register and part of Montana’s historic architectural inventory. The character
defining features of these historic resources, among others in Bozeman, contribute to the overall context
of neighborhoods bordering the downtown core.
The South Tracy-South Black Historic District is characterized by “residential neighborhood setting,
similar front yard setback, simple one and two-story wood frame residential buildings, porches address
the street, secondary structures & garages to the rear of the lot.
With these characteristics in mind, transition and compatibility with high-density developments are
necessary to preserve the context and character of this and other Bozeman historic districts.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 7 of 53
SECTION A
Development Review in the B-3 Zoning District Must Consider the Collective
Guidelines in the City’s Community Plan (Growth Policy), UDC, NCOD and DIP.
RECOMMENDATIONS (Continued)
RECOMMENDATION: The Downtown Improvement Plan Should Follow Its Stated Guiding
Principles in Support of Neighborhoods
In addition to protecting the downtown historic core, the Downtown Improvement Plan supports
commerce for downtown business. The Downtown Improvement Plan (DIP) and its proponents imply that
developments should support infill and higher density. However the DIP (as written) has limited language
addressing the impact of a B-3 development on adjacent neighborhoods. This is inconsistent with the
guiding principles of the Community Plan (growth), the UDC and NCOD, which emphasize the importance
of protecting neighborhoods as Bozeman grows.
We understand the need for a healthy and thriving downtown economy. However, we believe it can be
achieved by a more inclusive, long term approach that preserves downtown core and adjacent
neighborhoods in the process. To do otherwise is short-sighted and risks destroying Bozeman’s core
neighborhoods which will ultimately have a negative effect on Bozeman downtown businesses.
RECOMMENDATION: Parking Issues Must Be Thoroughly Analyzed and Understood:
Although a development may technically meet code requirements, the issue of parking is contentious in
areas where B-3 designated properties (commercial and/or mixed use) border residential or historic
neighborhoods and any adjacent B-3 residential properties. The review authority must carefully consider
the parking assumptions made by the developer and whether those parking assumptions are for a
recreation-oriented community such as Bozeman.
Many neighborhoods bordering B-3 zones already have existing parking issues due to limited parking on
narrow streets (e.g., one side of the street) and the neighborhood’s proximity to downtown or other B-3
areas of town with frequent, well-attended community events. Prior to approving any B-3 development
that border an existing neighborhood or residential property, there must be a clear understanding of how
the development will add to or mitigate any existing parking problems.
In the UDC code it states:
Section 38.025.050 Part B-1;
At a minimum, a thorough 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.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 8 of 53
SECTION B
Neighborhood References in Current City Plans,
Codes and Design Guidelines
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 9 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
INTRODUCTION
Understanding the interrelationship between City Plans, Codes and Design Guidelines is essential to the
review process for propose and future development in Bozeman. And in light of recent discussion about
proposed and future B-3 development bordering historic neighborhoods, it important to point out the many
references to “neighborhood” in these documents, clearly emphasize the City’s stated intent to consider
existing neighborhoods and the historic integrity of the community as Bozeman grows.
The following pages include excerpts from the following City documents and highlight “actual” references
to “neighborhoods” prominently included within the:
Bozeman Community Plan (Growth Policy)
Bozeman Municipal Code (UDC/Chapter 38)
Neighborhood Conservation Overlay District (NCOD) and Design Guidelines
(within Article 16 of the UDC)
Downtown Development Plan
These highlighted excerpts clearly show that development projects need review including specific
consideration of the clearly stated “Neighborhood-Oriented” goals, objectives and intent of the Bozeman
Community Plan and Downtown Improvement plan.
These documents are presented as a convenient reference for City Planners, City Commission, Citizens
and Neighborhoods.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 10 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN COMMUNITY PLAN (Growth Policy)
Executive Summary
4
Bozeman is committed to maintaining its quality environment and community character so that it may be
enjoyed for many years to come. An active and engaged citizenry participates in many social clubs,
service organizations, and volunteer programs which strengthens the civic fabric. Historic preservation
and adaptive reuse enable Bozeman to keep historic Main Street and residential districts vibrant, and
pleasant. Quality public services and careful fiscal stewardship mean that investments here of time or
money will continue to bear fruit in the future.
The centerpiece of Bozeman’s commitment to its future is its growth policy. This document coordinates
between many issues, avoiding conflict, and maximizing return on private and public efforts. Chapters pull
together critical concepts and address important issues in a concise and readable way. Bozeman has
identified seven key principles in organizing its future physical development. These are described in
Chapter Three.
Chapter 1: Goals and Objectives
5
1.3 Addressing Growth & Change Goals and Objectives
Goal G-1: Growth Management - Promote the unique history and character of Bozeman by
preserving, protecting, and enhancing the overall quality of life within the planning area.
Objective G-1.2: Ensure that adequate public facilities, services, and infrastructure are available
and/or financially guaranteed in accordance with facility or strategic plans prior to, or concurrent
with, development.
Objective G-1.3: Require development to mitigate its impacts on our community as identified and
supported by evidence during development review, including economic, health, environmental,
and social impacts.
Chapter 2: 2.3.2 State Law Requirements
6
In the Growth Policy Act, master plans, comprehensive plans, or general plans are now referred
to as growth policies, and a growth policy is defined as “an official public document adopted and
used by a local government as a general guide for development and conservation decisions.”
Therefore, growth policies are not regulations, but are official statements of public policy to guide
growth and change.
BOZEMAN COMMUNITY PLAN (Growth Policy) – Continued
4
Bozeman Community Plan, page iii.
5
Bozeman Community Plan, page 1-3.
6
Id., page 2-7.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 11 of 53
Chapter 3: Land Use Principles – Core Ideas which form the foundation for land use policy.
7
(The following are 6 of the 7 principles relevant to this discussion)
Neighborhoods. There is strong public support for the preservation of existing neighborhoods
and new development being part of a larger whole, rather than just anonymous subdivisions.
The neighborhood unit helps provide the sense of familiarity and intimacy which can be lacking
in larger communities.
Sense of Place. The second idea builds on those of Centers and Neighborhoods. Part of the
appeal of Bozeman is its distinct character. A portion of this character comes from the natural
setting of the town. Bozeman’s character includes the sense of place created by constructed
landmarks such as Downtown and MSU. Preserving Bozeman as a unique place rather than
Anywhere, USA is important.
The existing Downtown business core was the overwhelming choice for the location which best
represented the “heart” of Bozeman.
The preservation and strengthening of the unique features and built environment which give a
sense of place is important for Bozeman’s individual identity to continue in the future.
Incorporating community and architectural design features which provide organization and
landmarks, such as parks and commercial centers, in new development will help to anchor and
extend this sense of place as Bozeman grows. The sense of place will be strengthened through
development which fills in existing gaps in the City and helps to reinforce the compact pattern of
historic Bozeman.
Natural Amenities. Bozeman is located in a beautiful natural environment. The natural amenities
surrounding Bozeman are a significant component of the high quality of life and support the
economy. As Bozeman changes and grows, opportunities to carefully integrate development with
natural features such as streams arise. Ensuring that development is responsive to the natural
amenities will help to keep Bozeman beautiful and vibrant.
7
Bozeman Community Plan, pages 3-3 – 3-6.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 12 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN COMMUNITY PLAN (Growth Policy) – Continued
Chapter 3; Land Use Principles (Continued)
Integration of Action. Land use policy should be integrated with and supported by all other City
policies and programs, including facility planning and construction for services such as
wastewater and transportation.
This level of integration is intended to prevent contradictory actions. By ensuring a consistent set
of guiding principles, the City will be able to provide a higher level of service to its citizens,
minimize contradictory or conflicting policies which waste financial and other resources, and
enable a more equitable evaluation of public stewardships.
Urban Density. Bozeman is a city, and the housing densities are not those of the rural areas of
Gallatin County.
Density of development must also be balanced against community character, parks and open
spaces, and the housing choices of citizens. Quality site and architectural design will materially
affect the success and acceptability of urban density and scale of development.
Sustainability. Providing for the needs of today’s residents and visitors should be done in a
manner that does not jeopardize the quality of life, including the natural environment, of future
residents. Careful community design and thoughtful development can serve the community well
both now and in the future. Sustainability is a holistic issue and should be interwoven through the
City’s operations and regulations.
From these Core Ideas; Land Use Planning Principles include:
Development should be based on neighborhoods, including commercial neighborhoods.
Development should be integrated into neighborhoods and the larger community rather than as a
series of unconnected stand-alone projects.
A variety of housing and employment opportunities is important.
Land development should be compatible with and further other community goals.
The needs of new and existing development must coexist and remain in balance.
Future development patterns should not be detrimental to the existing community, with special
attention to be given to the support of the existing Historic Core Neighborhoods and Downtown of
the community.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
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Page. 13 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN COMMUNITY PLAN (Growth Policy) – Continued
3.3 Land Use Goals and Objectives
Goal LU-1: Create a sense of place that varies throughout the City, efficiently
provides public and private basic services and facilities in close proximity to
where people live and work, and minimizes sprawl.
Rationale: A sense of community is strengthened by distinctive areas which
facilitate neighborhood identity.
Objective LU-1.4: Provide for and support infill development and redevelopment
which provides additional density of use while respecting the context of the
existing development which surrounds it. Respect for context does not
automatically prohibit difference in scale or design.
Goal LU-3: Strengthen the Historic Core of Bozeman to preserve the community
character, economic resource, and historical connection represented by this area.
Rationale: The Historic Core, as defined in the glossary, is one of Bozeman’s
most distinctive and valued features. Loss of or injury to this area would lessen
the community’s cultural, economic, and social assets and reduce the sense of
place Bozeman holds within the community, state, and nation.
Objective LU-3.1: Ensure that development and redevelopment of this area,
including the adaptive reuse of historic buildings, is done in a manner which
enhances, and is compatible with, the current community fabric.
Goal LU-4: Sustainability, Natural Environment and Aesthetics – Ensure adequate review
of individual and cumulative environmental and aesthetic effects of development to
preserve the viewsheds, natural functions, and beauty which are a fundamental element of
Bozeman’s character. Design and development in a quantifiably sustainable manner are
desirable.
Objective LU-4.2: Protect the viewshed, including ridgelines, surrounding and
within Bozeman to preserve the natural character and mountain setting which
helps to make Bozeman unique.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
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Page. 14 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN COMMUNITY PLAN (Growth Policy) – Continued
Chapter 4 Community Quality
8
Community Quality refers to those things that make Bozeman a special, attractive and enjoyable
place to live, work, and play.
4.1 Intent
While the development of residential and commercial projects is determined by private property
owners and business interests, the public plays an important part in defining and imparting the
development design patterns the community as a whole finds to be most appropriate.
4.3 Community Quality Goals and Objectives
Goal C-1: Human Scale and Compatibility — Create a community composed of
neighborhoods designed for the human scale and compatibility in which the
streets and buildings are properly sized within their context, services and
amenities are convenient, visually pleasing, and properly integrated.
Rationale: A community’s physical form, rather than its land uses, is its most
enduring characteristic. We should design places for people as the primary user.
Good design looks good and feels good. The spatial relationships in our
environment in large part determine our experience of the place. Scale and
context should be the beginning point of any discussion of community quality.
Goal C-4: Design Guidelines – Create illustrated design guidelines to give clear
direction in design and review of residential and non-residential neighborhoods
without unduly constraining architectural style and innovation.
Rationale: Design Guidelines allow the community an opportunity to
communicate with developers and those who wish to build here. The guidelines
are a way to convey to the development community who we are and where we
as a community would like to go. The guidelines can be read as a list of values.
Objective C-4.4: Provide for the protection of character and the enhancement
of services in existing residential neighborhoods.
Objective C-4.5: Investigate expanding form based zoning as a design review
strategy for the City.
8Bozeman Community Plan, pages 4-1 to 4-6
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 15 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN COMMUNITY PLAN (Growth Policy) – Continued
Chapter 5 Historic Preservation
9
Bozeman residents value their community’s heritage: historic neighborhoods, buildings and
landscapes are reminders of this heritage. The City envisions a community with a rich collection
of historically and culturally significant resources for the benefit of all citizens living in and
visiting Bozeman. The City’s mission: carry out a historic preservation program that protects and
promotes Bozeman’s historic resources so they remain surviving and contributing pieces of our
community.
5.1 Intent and Background
Bozeman has a rich abundance of historically and culturally significant resources, in the form of
buildings, structures, neighborhoods, streetscapes, sites and landscapes. The purpose of a
historic preservation program is to protect and promote these assets. Surviving pieces of
Bozeman’s past provide a historic legacy that that can be enjoyed for present and future
generations, and give each citizen the opportunity to appreciate Bozeman’s dynamic heritage.
Citizens appreciative of their heritage often choose to reside and reinvest in the community’s core
of historic neighborhoods. The surviving historic fabric is an incentive for tourism by providing an
attractive and unique experience for tourists. Both actions support the local community’s
economy.
Historic preservation is a well-established part of Bozeman’s planning regulations. Over the past
decades, the City has initiated preservation initiatives to protect the historically and culturally
significant resources.
In January 2006, the design review process was improved and strengthened by creating a design
guidelines’ document specific to the Bozeman community, entitled “Bozeman Guidelines for
Historic Preservation & the Neighborhood Conservation Overlay District.” The intent of the design
guidelines is to provide City Staff, property owners, and community residents guidance in the
preservation and rehabilitation of historic resources.
National Register Historic Districts in the City of Bozeman
(Note; as of last update of Community Plan)
Main Street
Cooper Park
Bon Ton
South Black/South Tracy
South Tracy
Lindley Place
North Tracy
Bozeman Brewery
Story Mill/Northern Pacific Railroad
9
Bozeman Community Plan, pages 5-1 to 5-5
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 16 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN COMMUNITY PLAN (Growth Policy) – Continued
National Register of Historic Places
Established by National Historic Preservation Act of 1966.
Three key concepts – historic significance, historic integrity, and historic context; are
used to decide whether a property qualifies for listing.
The Concept of Historic Significance - A property may be significant for one or more
of the following reasons:
Association with events that contributed to the broad patterns of history, the lives of
significant people or the understanding of a community’s prehistory or history.
Construction and design associated with the distinctive characteristics of a building type,
period or construction method.
An example of an architect or master craftsman or an expression of particularly high
artistic values.
Integrity of location, design, setting, materials, workmanship, feeling and association that
form a district.
An established and familiar natural setting or visual feature of the community.
5.3 Historic Preservation Goals and Objectives
Goal HP-1: Protect historically and culturally significant resources that contribute to the
community’s identity, history, and quality of life.
Rationale: Protection of historically and culturally significant resources ensures the
survival of Bozeman’s historic buildings, structures, landscapes, streetscapes and
archeological sites to ensure a dynamic historic legacy for present and future
generations. It also is a driver for economic development and activity in Bozeman, and
supports the goal of sustainability. Therefore, historic preservation efforts support
economic vitality and the environmental health of the community.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 17 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN COMMUNITY PLAN (Growth Policy) – Continued
Chapter 6 Housing
10
Bozeman residents value their neighborhoods. Historic residential neighborhoods are located in
the older sections of the City, and have become some of the most valuable real estate in the City.
More recent housing developments have been constructed primarily in the west, northwest and
south sections of the City. An emphasis on development of housing within the City has facilitated
the provision of functional neighborhoods in new development.
If the community is to prosper, it is essential to address residential issues. Business and industry
that consider locating in Bozeman will evaluate the availability of housing for their employees of
all salary levels. Of primary importance is to ensure that current and future residents of the
community, who come from a diversity of socioeconomic backgrounds, have adequate and
quality housing available to them.
Since housing is an essential human need, the lack of available housing is a significant problem.
Bozeman has facilitated the provision of housing through numerous efforts to provide necessary
infrastructure and a regulatory program which encourages diverse housing options. The physical
existence of housing must also be matched with the ability to pay for housing. Housing
affordability is a complex issue which is influenced by many factors including demand for housing,
cost of providing housing, income to housing price correlation, etc. No single approach or
mechanism will meet all needs for affordable housing.
Objective 1.1 - Encourage and support the creation of a broad range of housing types in
proximity to services and transportation options.
Objective 1.2 – Encourage the preservation and rehabilitation of the existing housing
stock to protect the health, safety, and welfare of Bozeman residents.
Objective 2.3 - Support infill development and the preservation of existing affordable
housing and encourage the inclusion of additional affordable housing in new infill
developments.
Objective 2.4 – Coordinate housing objectives with the character and preservation of
structures in the Historic Core.
10
Bozeman Community Plan, pages 6-1 to 6-4
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 18 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (Unified Development Code/Chapter 38)
The Bozeman Municipal Code Chapter 38 contains the Unified Development Code (UDC).
From Article 1 - In General
Sec. 38.01.040. - Intent and purpose of chapter.
A. The intent of this unified development chapter is to protect the public health, safety and
general welfare; to recognize and balance the various rights and responsibilities relating to
land ownership, use, and development identified in the United States and State of Montana
constitutions, and statutory and common law; to implement the city's adopted growth policy;
and to meet the requirements of state law.
B. It is the purpose of these regulations to promote the public health, safety and general welfare
by: preventing the creation of private or public nuisances caused by noncompliance with the
standards and procedures of this chapter; regulating the subdivision, development and use of
land; preventing the overcrowding of land; lessening congestion in the streets and highways;
providing adequate light, air, water supply, sewage disposal, parks and recreation areas,
ingress and egress, and other public improvements; requiring development in harmony with
the natural environment; promoting preservation of open space; promoting development
approaches that minimize costs to local citizens and that promote the effective and efficient
provision of public services; protecting the rights of property owners; requiring uniform
monumentation of land subdivisions and transferring interests in real property by reference to
a plat or certificate of survey (MCA 76-3-102).
C. It is further the purpose of these regulations to: be in accord with the growth policy; securing
safety from fire, panic, and other dangers; promoting public health, public safety, and the
general welfare; facilitating the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements; having given consideration to ensuring the
reasonable provision of adequate light and air, motorized and nonmotorized transportation
systems, promoting of compatible urban growth, considering the character of the district and
its peculiar suitability for particular uses, conserving the value of buildings, and encouraging
the most appropriate use of land throughout the jurisdictional area (MCA 76-2-304).
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
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Page. 19 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (Unified Development Code/Chapter 38) - Continued
From Article 1 - In General (Continued)
Sec. 38.01.040. - Intent and purpose of chapter. (Continued)
D. Further, to support the purposes of MCA 76-2-304 and 76-3-102, these regulations are
intended to promote and to provide for the:
1. Orderly development of the city;
2. Coordination of streets within subdivided land with other streets and roads, both
existing and planned;
3. Dedication of land for streets and roadways and for public utility easements;
4. Improvement of streets;
5. Adequate open spaces for travel, light, air and recreation;
6. Adequate transportation, water, drainage and sanitary facilities;
7. Minimization of unnecessary congestion;
8. Avoidance of unnecessary environmental degradation;
9. Encouragement of subdivision development in harmony with the natural environment;
10. Avoidance of danger or injury to health, safety or general welfare by reason of natural
hazard or the lack of water, sewer, drainage, access, transportation or other public
services;
11. Avoidance of excessive expenditure of public funds for the provision of public
services;
12. Manner and form of making and filing of plats for subdivided lands;
13. Administration of these regulations, by defining the powers and the duties of
approving authorities, including procedures for the review and approval of all
subdivision plats;
14. Division of the city into districts with uniformly applicable standards for development
within each district;
15. To establish standards for the development and use of land;
16. To establish procedures for the review and approval for the development and use of
land; and
17. The establishment of all other requirements necessary to meet the purposes of this
chapter.
E. Pursuant to MCA 76-2-304, 76-1-605 and 76-1-606, these regulations are also intended to
implement the goals and objectives of the city's adopted growth policy. In the case of a
difference of meaning or implication between this chapter and the city's adopted growth
policy, the growth policy shall control.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 20 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (Unified Development Code/Chapter 38) - Continued
From Article 1 - In General - Continued
Sec. 38.01.050. - Interpretation as minimum requirements.
A. In their interpretation and application, the provisions of this chapter shall be held to be
minimum requirements adopted for the promotion of the health, safety and general welfare of
the community. In some instances the public interest will be best served when such
minimums are exceeded. Wherever the requirements of this chapter are at variance with the
requirements of any other lawfully adopted rules or regulations, or wherever there is an
internal conflict within this chapter, the most restrictive requirements, or that imposing the
higher standards, shall govern.
C. When interpreting the meaning of this chapter, subsections of the chapter shall be construed
in a manner that will give effect to them all as the chapter derives its meaning from the entire
body of text taken together.
D. These regulations shall apply uniformly within each zoning district to each class or kind of
structure, land or development as set forth in this chapter.
Sec. 38.01.070. - Conditions of approval.
A. Regulation of the subdivision and development of land, and the attachment of reasonable
conditions to land subdivided or developed, or a use undertaken, is an exercise of valid police
power delegated by the state to the city. Persons undertaking the subdivision, development or
use of land have the duty of complying with reasonable conditions for design, dedication,
improvement and restrictive use of the land so as to conform to the physical and economic
development of the city, and to the safety and general welfare of the future lot owners and of the
community at large. Such conditions may require compliance with more than the minimum
standards established by this chapter.
Sec. 38.01.080. - Compliance with regulations required.
A. No land shall hereafter be subdivided, used or occupied, and no building, structure or part thereof
shall hereafter be erected, constructed, reconstructed, moved or structurally altered, and no
development shall commence unless it is in conformity with all of the regulations herein specified
for the district in which it is located.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 21 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (Unified Development Code/Chapter 38) - Continued
From Article 7 Zoning Districts and Zoning Map
Sec 38.07.010 Use Districts Designated
Part 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.
(Comment: South Tracy/South Black Historic District Boundaries overlap at Black in the vicinity of Olive
with the B-3 designation – which is an incompatible zoning designation with respect to bordering historic
neighborhoods and does not provide a transition with the “core area” defined by the Code.
Sec 38.07.040 Boundary Interpretation Guidelines
Part 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.
(Comment: In cases where the City Commission has taken over the review process, the City
Commission, not the planning director, shall interpret the district boundary with planning input)
From Article 8 - Residential Zoning Districts
Sec. 38.08.010. - Intent and purpose.
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.
11
Additional requirements for development apply within
overlay districts. All development is subject to section 38.01.050. 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. Section 38.08.090 sets standards for
minimum densities in residential districts which will advance these goals, objectives, and purposes.
11
See footnote 9.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 22 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (Unified Development Code/Chapter 38) - Continued
From Article 10 - Commercial Zoning Districts
Sec 38.10.010 Intent and Purpose B1, B2, B2M, B3
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.
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.
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.
Sec. 38.10.030. - Lot coverage and floor area.
A. In the B-1, B-2, B-2M and B-3 districts, the entire lot, exclusive of required yards and
parking, may be occupied by the principal and accessory buildings. This chapter provides
opportunities for parking requirements to be met by shared and off-site parking as allowed
by article 25 of this chapter.
Sec 38.10.050 Yards
Part A: Minimum yards required for the B-1 and B-2 districts are:
1. Buildings:
a. Front yard: seven feet, except along arterials where minimum is 25 feet.
b. Rear yard: ten feet.
c. Side yards: five feet (except zero lot lines as allowed by 38.21.060).
2. Parking and loading areas:
a. Front yard: 25 feet.
b. Rear yard; ten feet.
c. Side yards: eight feet.
1
Side and rear yards for parking may be allowed to be zero feet when coordinated
parking arrangements between adjacent properties are provided.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 23 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (Unified Development Code/Chapter 38) - Continued
From Article 10; Commercial Zoning Districts (Continued)
Sec 38.10.050 Yards
Part A: Minimum yards required for the B-1 and B-2 districts are:
3. The purpose of differentiated yard setback requirements is to encourage the
placement and development of buildings in a manner to address the street and
adjacent pedestrian activity and encourage a vigorous and diverse streetscape.
4. All vehicle entrances into garages shall be no closer than 20 feet to a property line,
unless explicitly authorized otherwise under this chapter.
5. Rear and side yards adjacent to alleys shall be at least five feet.
Part C. Minimum yards required for the B-3 district are:
2. Where at least 50 percent of a block (from cross-street to cross-street) in the B-3
district is presently used for residential purposes the minimum yards established in
subsection A of this section shall be required
Sec. 38.10.060. - Building height.
Part A. Maximum building height for each commercial district shall be as follows:
1. In the B-1 district:
a. Roof pitch less than 3:12: 34 feet.
b. Roof pitch 3:12 or greater: 38 feet.
2. In the B-2 district:
a. Roof pitch less than 3:12: 38 feet.
b. Roof pitch 3:12 or greater: 44 feet.
c. Maximum height allowed by subsections 2.a and b of this section may be
increased by up to a maximum of 50 percent when the B-2 zoning district is
implementing a regional commercial and services growth policy land use
designation.
d. Maximum height otherwise cumulatively allowed by this section may be increased
by 30 percent through the approval of a conditional use permit, but only when the
additional height is a specifically identified purpose of the review.
3. In the B-2M district:
b. For buildings designed for single purpose residential use: Four stories or 50 feet
(whichever is less).
c. An area, not to exceed a total of ten percent of the floor area which is located at
street level, may extend above the maximum building height by up to 12 feet.
4. In the B-3 district:
a. In the B-3 district core area: 55 feet.
b. In the B-3 district outside of the core area: 70 feet.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 24 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) - Continued
The Bozeman Municipal Code Chapter 38 contains the Unified Development Code (UDC) which
includes Article 16 - Neighborhood Conservation Overlay District (NCOD)
COMMENT: From City Commission Meeting 11/28/16; Quote from Chris Saunders, Policy and
Planning Manager, in response to a City Commissioner question, stated that the NCOD (with its Design
Guidelines) is a “direct regulatory document.”
From Article 16 - NCOD - Neighborhood Conservation Overlay District
Sec 38.16.010; Intent and purpose
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.
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.
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.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 25 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) - Continued
From Article 16; NCOD - Neighborhood Conservation Overlay District (Continued)
Sec 38.16.010; Intent and purpose (Continued)
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;
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;
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 article 40 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 article 35 of this chapter.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 26 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) - Continued
From Article 16 - NCOD - Neighborhood Conservation Overlay District (Continued)
Sec 38.16.040; Certificate of Appropriateness
Part 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 42 of this
chapter, are undertaken upon any structure in the conservation district.
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.
Sec 38.16.050 Standards for Certificates of Appropriateness
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 non-period 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.
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
12
to
determine whether the proposal is compatible with any existing or surrounding structures.
E. Conformance with other applicable development standards of this chapter.
Sec. 38.16.080. - Demolition or movement of structures or sites within the conservation district.
A. The demolition or movement of any structure or site within the conservation district shall be
subject to the provisions of this article and section.
12
The 137 Page NCOD Design Guidelines Document is referenced in UDC Sec. 38.16.050.D, which are incorporated by reference into the Code.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 27 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) - Continued
From Article 19 - Plan Review
Sec. 38.19.010. - Introduction.
B. When a development is proposed within a neighborhood conservation or entryway corridor
overly district, or proposes signs which do not specifically conform to the requirements of this
chapter, design review is required in conjunction with plan review per the authority in section
38.33.010. In such cases, additional submittal requirements and review procedures apply as
outlined in section 38.41.090.
Sec 38.19.100 Plan Review Criteria
Part A.
In considering applications for plan approval under this chapter, the review authority and
advisory bodies shall consider the following criteria.
1. Conformance to and consistency with the City's adopted growth policy.
2. Conformance to this chapter, including the cessation of any current violations;
3. Conformance with all other applicable laws, ordinances and regulations;
4. Relationship of plan elements to conditions both on and off the property, including:
a. Compatibility with, and sensitivity to, the immediate environment of the site
and the adjacent neighborhoods and other approved development relative
to architectural design, building mass and height, neighborhood identity,
landscaping, historical character, orientation of buildings on the site and
visual integration;
b. Design and arrangement of the elements of the plan (e.g., buildings,
circulation, open space and landscaping, etc.) so that activities are
integrated with the organizational scheme of the community, neighborhood,
and other approved development and produce an efficient, functionally
organized and cohesive development;
d. If the proposed project is located within a locally designated historical
district, or includes a locally designated landmark structure, the project is in
conformance with the provisions of article 16 of this chapter;
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 28 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) - Continued
From Article 19 - Plan Review (Continued)
Sec 38.19.100 Plan Review Criteria (Continued)
Part A. (Continued)
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions;
6. Pedestrian and vehicular ingress, egress and circulation, including:
a. Design of the pedestrian and vehicular circulation systems to assure that
pedestrians and vehicles can move safely and easily both within the site and
between properties and activities within the neighborhood area;
b. Non-automotive transportation and circulation systems design features to
enhance convenience and safety across parking lots and streets, including, but
not limited to, paving patterns, grade differences, landscaping and lighting;
c. Adequate connection and integration of the pedestrian and vehicular
transportation systems to the systems in adjacent developments and general
community; and
d. Dedication of right-of-way or easements necessary for streets and similar
transportation facilities;
7. Landscaping, including the enhancement of buildings, the appearance of vehicular
use, open space and pedestrian areas, and the preservation or replacement of
natural vegetation;
9. Building location and height;
10. Setbacks;
11. Lighting;
12. Provisions for utilities, including efficient public services and facilities;
13. Site surface drainage and storm water control;
17. Screening;
18. Overlay district provisions;
19. Other related matters, including relevant comment from affected parties;
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 29 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) - Continued
From Article 21 - General Land Use Standards and Requirements
Sec. 38.21.060. - Yard and height encroachments, limitations and exceptions.
Part 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
Sec. 38.21.070. Standards for specific site impacts and elements.
Part 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.
Part J. Glare and heat. Of the lot in which the use is 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 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.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 30 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) - Continued
From Article 23 - Development Standards
Sec. 38.23.010. - General standards.
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.
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. 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.
Sec. 38.23.030. - Lot.
A. Dimensions and orientation. Lot size, width, shape and orientation shall be appropriate for the
location and contemplated use of the development.
D. Corner lots. Corner lots shall have sufficient width to permit appropriate building setbacks from
both streets and provide acceptable visibility for traffic safety.
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.
H. Frontage. Unless otherwise allowed by this chapter, all lots will have frontage in compliance with
section 38.24.090.B to provide, among other things, adequate room for snow removal, lot access
and utility easements.
Sec. 38.23.070. - Municipal water, sanitary sewer and storm sewer systems.
38.23.080. - Grading and drainage.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 31 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) - Continued
From Article 23 - Development Standards (Continued)
Sec. 38.23.150. - Lighting.
Part 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.
Part 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. 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.
Part D. Site lighting.
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:
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.
e. All outdoor lighting shall be designed and located such that the maximum
illumination measured in foot-candles 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.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 32 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) – Continued
From Article 25 – Parking
Sec. 38.25.010. - General provisions.
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 article
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 storm water 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.
Sec. 38.25.040 - Number of parking spaces required.
Part A.
The following minimum number of off-street, paved parking spaces for motor vehicles and bicycles shall be
provided and maintained by ownership, easement and/or lease for and during the life of the respective uses
hereinafter set forth. When calculation of the required parking results in a fraction of a parking space being
required the fractional space is not required to be provided.
1. Residential uses.
a. Minimum requirements. The number of spaces shown in Table 38.25.040-1 shall be provided subject to the
adjustments allowed in this subsection 1. The number of disabled parking stalls as required by Table
38.25.040-6 shall be provided from the minimum number of required parking stalls. All site plans submitted for
permit purposes shall identify parking space allocations. Fees may be charged by the landowner for the use of
required parking spaces.
(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 no parking areas, vision triangles, and similar circumstances
shall not be considered to be available for the purpose of on-street parking space.
Table 38.25.040-1 (Table Excerpts)
Dwelling Types Parking Spaces Required per Dwelling
Efficiency Unit 1.25 (1. In R-5 and B-2M Districts)
One-Bedroom 1.25 (1. In R-5 and B-2M Districts)
All Types of Dwellings in the B-3
District
1.0
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 33 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) – Continued
From Article 25; Parking (Continued)
Sec. 38.25.040 - Number of parking spaces required (Continued)
A 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 42 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 38.25.040-1,
but shall not exceed two spaces per unit.
(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
38.25.040-2.a
2. Nonresidential uses.
a. Minimum requirements. The number of spaces shown in Table 38.25.040-3 shall be provided
subject to the adjustments allowed by this article. 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 38.25.040-6 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 38.25.040-2, the review authority shall determine the appropriate
classification for the purpose of required parking.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 34 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) – Continued
From Article 25; Parking (Continued)
Sec.38.25.050 – Joint Use of Parking Facilities
A. Up to 80 percent of the nonresidential parking spaces required by this article 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.
Part B-1
At a minimum, a thorough 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,
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 35 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) – Continued
From Bozeman Design Guidelines for Historical Preservation and the Neighborhood Conservation
Overlay District (NCOD) contained within Sec. 38.16.050
COMMENT: The 137 Page NCOD Design Guidelines Document is referenced in UDC Sec.
38.16.050.D, which are incorporated by reference into the Code. NCOD Design Guidelines can
be viewed via the link below: http://www.bozeman.net/Smarty/files/6d/6d64b4df-428c-4cf4-
abe2-4abf112a3736.pdf
COMMENT: From City Commission Meeting 11/28/16; Quote from Chris Saunders, Policy and
Planning Manager, in response to a City Commissioner question, stated that the NCOD (with its
Design Guidelines) is a “direct regulatory document.”
Introduction, Part I:
Overview
Historic preservation and neighborhood conservation are well-established parts of city planning in
Bozeman.
While change continues to occur in response to varying community goals and economic
conditions, preserving Bozeman’s heritage remains a primary goal of the community. These
design guidelines are written for use by City Staff, property owners, residents and others to foster
the preservation of historic residential and commercial districts and to maintain the traditional
character of the broader Neighborhood Conservation Overlay District.
B. Preservation Goals for Bozeman
A primary design goal for Bozeman is to preserve the integrity of its individual historic structures
and the character of its streetscapes in the Neighborhood Conservation Overlay District.
Part II: Design Review System
A. Bozeman Neighborhood Conservation Overlay District
The Neighborhood Conservation Overlay District is an area that was created by the City of
Bozeman to recognize the historic core of the Bozeman community. It encompasses Bozeman’s
nine National Register of Historic Places historic districts, as well as the many individual National
Register listings.
As stated in the UDO, “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.”
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 36 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) – Continued
From Bozeman Design Guidelines for Historical Preservation and the Neighborhood Conservation
Overlay District (NCOD) contained within Sec. 38.16.050 (Continued)
Part II: Design Review System (Continued)
A. Bozeman Neighborhood Conservation Overlay District (continued)
Further, the ordinance states that while new construction is invited and encouraged, “primary
emphasis is given to the preservation of existing buildings, provided the design of such new
places enhances and contributes to the aesthetic character and function of the property and the
surrounding neighborhood or area.”
The essential idea behind the Neighborhood Conservation Overlay District concept is to protect
Bozeman against alteration and demolition that might damage the unique fabric created by the
hundreds of important buildings and sites that make up the historic core of Bozeman.
D. Which guidelines apply?
The guidelines apply to all work subject to design review in the Neighborhood Conservation Overlay
District, as well as to individual National Register properties that may be located elsewhere in the City.
However, different chapters will apply, depending upon the type of property. Those that have historic
significance will have guidelines for preservation to be considered, along with other general standards,
while more general guidelines for compatibility apply to a new building.
6. New Infill and Construction
For new projects within a historic district, the design guidelines for all properties will apply, as well
as those for specific character areas and historic districts. The guidelines will be applied more
rigorously in this case. For new infill projects within the Conservation Overlay, but outside of any
historic district, the design guidelines for all properties will apply, as well as those for specific
character areas.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 37 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) – Continued
From Bozeman Design Guidelines for Historical Preservation and the Neighborhood Conservation
Overlay District (NCOD) contained within Sec. 38.16.050 (Continued)
Chapter 2. Design Guidelines for all Properties
B. Street Patterns
Policy:
Historic settlement patterns seen in street and alley plans often contribute to the distinct character
of the historic district and therefore they should be preserved. These street plans influence the
manner in which primary structures are sited and they also shape the manner in which secondary
structures and landscape features may occur on the site.
Guidelines:
1. Respect historic settlement patterns.
• Site a new building such that it is arranged on its site in a way similar to historic
buildings in the area. This includes consideration of building setbacks and open
space.
C. Alleys
Policy:
Alleys accommodate service functions and provide pedestrian connections and secondary
vehicle access. All alleys, both paved and unpaved, contribute to the character of the district.
Guidelines:
1. Unpaved lanes contribute to the distinct character of the neighborhood; therefore, they
should continue in their "rustic" state, when feasible.
• In some instances where it is necessary to keep dust levels down, and it is
necessary to pave the alley, recycled asphalt is the preferred material.
2. The traditional scale and width of alleys should be continued.
• Maintain the traditional character and scale of an alley by locating buildings and
fences along the alley edges to maintain the alley edge.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 38 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) – Continued
From Bozeman Design Guidelines for Historical Preservation and the Neighborhood Conservation
Overlay District (NCOD) contained within Sec. 38.16.050 (Continued)
Chapter 2. Design Guidelines for all Properties (Continued)
D. Streetscape
Policy:
Maintain the traditional character of the streetscape. This includes a rich collection of varying
street designs, sidewalk types and street trees.
Guidelines:
4. Continue the pattern of street trees in a block. Because street trees serve various
aesthetic and practical functions, they should be maintained.
• Existing street trees should be preserved, when feasible.
• If a new detached sidewalk is to be created, street trees should be an
accompanying feature.
• If a new sidewalk is to be installed, it should detour around mature street trees,
when feasible.
• When an existing street tree dies, it should be replaced.
• Any new developments should include street trees.
• The historic urban design character for street tree placement should be
considered when enforcing city street standards.
F. Building Form
Policy: A similarity of building forms also contributes to a sense of visual continuity. In order to
maintain this sense of visual continuity, a new building should have basic roof and
building forms that are similar to those seen traditionally. Overall facade proportions also
should be in harmony with the context.
G. Solid-to-Void Ratio
Policy: A typical building appeared to be a rectangular solid, with small holes “punched” in the
walls for windows and doors. Most buildings had similar amounts of glass, resulting in a
relatively uniform solid-to-void ratio. This ratio on a new building, the amount of facade
that is devoted to wall surface, as compared to that developed as openings, should be
similar to that of historic buildings within the neighborhood.
Guideline: 1. Use a ratio of solid-to-void (wall-to-window) that is similar to that found on historic
structures in the district. Large surfaces of glass may be inappropriate. Divide large
glass surfaces into smaller panes similar to those seen traditionally.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 39 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) – Continued
From Bozeman Design Guidelines for Historical Preservation and the Neighborhood Conservation
Overlay District (NCOD) contained within Sec. 38.16.050 (Continued)
Chapter 2. Design Guidelines for all Properties (Continued)
H. Materials
Policy:
Building materials of new structures and additions to existing structures should contribute to the
visual continuity of the neighborhood. They should appear similar to those seen traditionally to
establish a sense of visual continuity
Guidelines:
1. Use building materials that appear similar to those used traditionally in the area.
3. New materials that are similar in character to traditional materials may be acceptable
with appropriate detailing.
• Alternative materials should appear similar in scale, proportion, texture and
finish to those used traditionally.
4. Use building materials that contribute to the traditional sense of scale of the block.
• This will reinforce the sense of visual continuity in the district.
I.. Architectural Character
Policy: New construction should distinguish itself from historic structures.
Guidelines:
1. The imitation of older historic styles is discouraged for newer structures.
2. Contemporary interpretations of traditional details are encouraged.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 40 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) – Continued
From Bozeman Design Guidelines for Historical Preservation and the Neighborhood Conservation
Overlay District (NCOD) contained within Sec. 38.16.050 (Continued)
Chapter 3. Guidelines for Residential Character Areas
This chapter discusses the guidelines for residential character areas. It applies to new infill projects in the
residential neighborhoods in both the Neighborhood Conservation Overlay District and individual Historic
Districts.
A. Hierarchy of Public and Private Space
B. Building Mass and Scale
Policy: The mass and scale of a building is also an important design issue in a residential
character area. The traditional scale of single household houses dominates the
neighborhood, and this similarity of scale also enhances the pedestrian-friendly character
of many streets. Similarities in scale among prominent building features, such as porches
and fences, are also important. In many cases, earlier buildings were smaller than current
tastes support; nonetheless, a new building should, to the greatest extent possible,
maintain this established scale. While new buildings and additions are anticipated that
may be larger than many of the earlier structures, this new construction should not be so
dramatically greater in scale than the established context that the visual continuity of the
neighborhood would be compromised.
Guidelines:
1. Construct a new building to be similar in mass and scale to those single household
residences seen traditionally. Traditional features that convey a human scale should
also be used.
2. On larger structures, step down a building's height toward the street, neighboring
structures and the rear of the lot.
3. On larger structures, subdivide larger masses into smaller “modules” that are similar in
size to single household residences seen traditionally.
4. The front wall of a new structure should not exceed two stories in height.
• A new multi-household structure should not overwhelm existing single household
structures, in terms of height.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 41 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) – Continued
From Bozeman Design Guidelines for Historical Preservation and the Neighborhood Conservation
Overlay District (NCOD) contained within Sec. 38.16.050 (Continued)
Chapter 3. Guidelines for Residential Character Areas (Continued)
E. Multi-household
Policy: The underlying goal of the guidelines in this section in regards to multi-household
construction is that, to the greatest extent feasible, the buildings should be compatible
with the context of the neighborhood. Historic structures associated with the multi-
household projects should be retained when feasible. The guidelines in other sections of
this chapter also apply to multi-household buildings.
Guidelines:
1. Retaining an existing single household building that contributes to the established
character of the neighborhood in a multi-household project is encouraged.
o This will help maintain the traditional scale and character of single household
houses as seen from the street. In particular, an existing structure that is
listed as a historic property should be preserved, when feasible. When
proposing a new design for a multi-household structure that must replace an
existing building, however, also continue the rhythm that is established by the
even spacing of building fronts along the street.
2. Minimize the perceive scale of a multi-household building. In order to minimize the
perceived scale of a building, one method is to step down its height toward the street,
neighboring structures and the rear of the lot. In order to break up the perceived mass of
a structure, one method is to divide it into "modules" that are similar in size to buildings
seen traditionally in the neighborhood.
3. Use traditional features that will convey a human scale. The ratio of wall-to-window, as
seen from the public way, should appear similar to that of traditional single household
structures. Provide a one-story porch, or similar element, which will define a front door or
entrance and be oriented to the street.
4. A new multi-household building should be within the range of heights seen traditionally in
the neighborhood. A new multi-household structure should not overwhelm existing single
household structures, in terms of height. Maintaining a consistency of building height will
contribute to the visual continuity of the streetscape.
9. Provide some useful, functional common open space that can be enjoyed by all residents
in the development.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 42 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) – Continued
From Bozeman Design Guidelines for Historical Preservation and the Neighborhood Conservation
Overlay District (NCOD) contained within Sec. 38.16.050 (Continued)
Subchapter 4-B Guidelines for the B-3 Commercial Character Area
Downtown Bozeman should be the location of buildings of greatest height and intensity in the community.
The following guidelines apply to properties zoned B-3 (Central Business District) that serves as a
transition between the Main Street Historic District and residentially zoned neighborhoods. This chapter
contains guidelines for new commercial, residential and mixed use development located within B-3 zoned
areas outside of the defined Main Street Historic District, as shown in Figure 1.1. Note that buildings
individually listed on the National Register of Historic Places or within designated historic districts are
subject to chapters one, two and four, but not this subchapter.
A. Mass and Scale
Policy: The scale and character of the Main Street Historic District should be protected. The area
covered under this subchapter, should be able to accommodate compatible contemporary
development of greater height and density. Varied mass and scale along a streetscape and
block is inevitable and can contribute to a more interesting urban pattern that continues to
evolve over time.
Provide density to meet the goals and objectives of the Downtown Bozeman Improvement
Plan.
Innovative development and diversity of design is encouraged.
A new building should exhibit clear order and comprehensive composition on all elevations.
Building interface with residential zone properties\
D. Site Design
Policy: All sites in downtown should be designed to make the experience of pedestrians and
bicyclists safe, comfortable and visually appealing.
Create strong connections between downtown’s sub-districts, and between downtown and
the surrounding neighborhoods.
4. Building interface with residential zone properties. Building facades along alleys shall
incorporate a variety of materials and incorporate elements, including windows, to provide
visual interest to minimize the massing and scale of the building. Building sites that abut or
are across an alley from a residential zone district shall be sensitive to the interface where
the properties meet by meeting the required setback from the residentially zoned property
and providing a transition zone. Along the interior side or rear property line, commencing at a
vertical height of 44 feet the building shall step back at an angle no greater than 45 degrees.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 43 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) – Continued
From Bozeman Design Guidelines for Historical Preservation and the Neighborhood Conservation
Overlay District (NCOD) contained within Sec. 38.16.050 (Continued)
Subchapter 4-B Guidelines for the B-3 Commercial Character Area (Continued)
E. Parking Facilities
Policy: Minimize the visual impacts of parking.
1. Enclosed parking, integrated into individual new buildings as well as additions (if
feasible), is preferred whenever possible to surface parking lots.
• Considerations should be given to both on-grade or subgrade options.
2. Shared parking structures are preferred to surface parking lots. A parking structure
should be designed so that it creates a visually attractive and active street edge.
• A parking structure in the area should enhance the streetscape by being wrapped with
commercial uses or another active use along the street edge to separate the facility from
the street and to add activity to the street.
3. For residential projects, enclosed parking is preferred to surface parking lots.
• If individual enclosed parking is provided, consider locating it in a garage accessed
internally or from an alley, when feasible.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 44 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE DISCUSSION (UDC/Chapter 38)
From Commission Meeting on 12/5/16 - Presentation, Discussion & Planning Staff
Recommendations (in conjunction with consultant Maker Architects) on UDC Update Regarding
Infill (Tom Rogers – Senior Planner)
Purpose (from the City Commission Agenda): To summarize a number of infill
alternatives/options, with illustrations, to generate comment and discussion from the City
Commission. Staff will present a series of code amendment alternatives/options with policy
questions to the Commission to solicit preferred direction on these larger issues as they relate to
the scope of work for the UDC update. Based on feedback and direction from the Commission,
staff will re-evaluate current concepts and options and draft the remaining UDC amendments for
advisory boards and committees to forward recommendations to the City Commission for review
and possible adoption.
Excerpt from the City Memorandum from Tom Rogers): The City of Bozeman has and is
experiencing considerable development and it is clear the existing development code functions.
The UDC re-write intends to improve the general function and ease of use of the document and
integrate thoughtful and appropriate amendments to further the community’s desired built
environment while respecting the context in which development occurs.
Item #4 from the presentation (with accompanying “visual” recommendation)
4. Adopt specific standards to mitigate transitions between districts and general adjacency issues.
Numerous approaches have been considered and are employed in other jurisdictions. These
include:
a. The City adopted height and slope relationship criteria with the revisions of chapter 4-B of
the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation
Overlay District.
b. Develop standards that require a height transition within a certain distance of a residential
zone, such as a maximum height allowed within 50 feet of a residential zone equal to
150% the height of the residential zone, see example below.
c. Set a maximum height for any building within a mixed zone block of 45 feet (4 stories).
d. Set more rigid transition zone that increase every 25 feet from a residential zone, see
example below.
e. Consider transition requirements that are more stringent next to a historic district.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 45 of 53
DOWNTOWN IMPROVEMENT PLAN (DIP)
The Downtown Bozeman Improvement Plan’s Guiding Principles (DIP, Page 13) include:
Guiding Principle #10: New buildings should be designed to the level of permanence
and quality appropriate for a downtown setting.
Guiding Principle #11: Create strong connections between sub-districts and from
Downtown to the surrounding community.
Guiding Principle #12: Natural features and the surrounding mountain setting should be
highlighted and emphasized whenever possible, strengthening the amenities unique to
the city of Bozeman.
The Downtown Bozeman Improvement Plan suggests breaking down the B-3 code into more parts
building height when adjacent to nearby neighborhoods:
DOWNTOWN DISTRICTS (DIP, Page 38)
The City should adopt a set of regulations that are tailored to downtown and the various
districts that are suggested. But first, the very nomenclature should change. Rather than
having merely a “B-3” designation, which might be anywhere, the word “Downtown” should
be used in all titles. This indicates its importance, that downtown is different than any other
part of the community, and that totally different methods and standards will be used. Design
standards and guidelines should supplement these basic standards and are best written in a
way that offers choices and allows for projects that are innovative, creative, and of superior
design as individual buildings while also contributing to a cohesive Downtown district.
The Downtown Bozeman Improvement Plan also addresses building height when adjacent to
nearby neighborhoods:
BUILDING HEIGHTS (DIP, Page 38)
This plan (DIP) does not recommend any changes to allowable height for downtown districts.
However, a new code should consider reducing heights for some small distance where a
downtown district abuts a single family district. This is a common technique used in many
cities to ensure a comfortable transition from greater intensity to lower intensity. The
horizontal dimension for this transition might be in the range of 50 to 100 feet and the height
might be equivalent to what is allowed in the residential district or perhaps slightly higher.
There also might be additional screening requirements.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 46 of 53
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
DOWNTOWN IMPROVEMENT PLAN (DIP) - Continued
The Downtown Bozeman Improvement Plan also addresses FAR s (Floor Area Ratio) when
adjacent to nearby neighborhoods (higher nearer downtown and lower near neighborhoods):
FLOOR AREA RATIO (DIP, Page 38)
The development community has a terminology that is well-accepted throughout North
America. That is Floor Area Ratio or FAR. Although sounding complicated, it is not. It is
simply a factor that, when multiplied by the lot size, gives an immediate indication of yield in
square feet. Many cities, particularly in their downtowns, use FAR because developers want
to know the basic yield on a site so they can do necessary financing pro-formas. Floor Area
Ratios are not discretionary; they are contained in the basic code and provide a certainty to
investors and even the public as to what can be built in a given district. It is also possible to
vary FAR’s by different districts and to set up an “incentive system” so that added FAR is
granted if public amenities are provided. FAR and associated bonus systems are increasingly
used to guide development in downtown areas. For a downtown of the size, nature, and
development pattern of Bozeman’s, floor area ratios in the range of 3.5 to 5.0 (not including
parking) are recommended depending on the district. The transition areas in the outer edges
of downtown may have lower FARs. Development standards should include a minimum FAR
to ensure that new development achieves a building form and level of intensity appropriate to
a downtown setting.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 47 of 53
SECTION C
Visual Examples of Proposed Development at
Black and Olive Showing Lack of Context,
Compatibility, Character and Transition
Reference Visuals Included:
1) Illustrate how all the City’s codes, plans and design guidelines documents work together to
provide direction on development design as part of the review process.
2) Shows the Black-Olive design “Olive Avenue” Streetscape in terms of the project’s context,
compatibility, character and transitions with bordering historic neighborhoods and structures.
3) Shows perspective drawing from the Southwest on Black Olive illustrating the extreme height and lack
of context, compatibility, character and transition with the neighborhood
4) How the current Black Olive Design and towering height are extremely incompatible with the
historic areas it borders in very close proximity.
5) Illustrate the long-term, cumulative effects and hidden costs of unchecked development on
community.
6) Show examples of other Bozeman-area projects which are doing much more than the Black-Olive
Developers to ensure that Neighborhood concerns are being addressed in proposed designs.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design
Guidelines) in Support of Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320)
Page. 48 of 53
SECTION C
Visual Examples of Proposed Development at Black and Olive Showing Lack of
Context, Compatibility, Character and Transition
INTRODUCTION
The following visuals along Black Avenue, including the proposed Black/Olive development were
presented at the 12-5-16 City Commission meeting. The additional visuals are included here for
consideration as part of the review process for the Black-Olive development.
These visual examples illustrate the clear need to address a development’s context, compatibility,
character and transition with existing neighborhoods in the review process.
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design Guidelines) in Support of
Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) VISUALS 49- 53
SECTION C
Visual Examples of Proposed Development at Black and Olive Showing Lack of Context, Compatibility, Character and Transition
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design Guidelines) in Support of
Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) VISUALS 49- 53
SECTION C
Visual Examples of Proposed Development at Black and Olive Showing Lack of Context, Compatibility, Character and Transition
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design Guidelines) in Support of
Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) VISUALS 49- 53
SECTION C
Visual Examples of Proposed Development at Black and Olive Showing Lack of Context, Compatibility, Character and Transition
LONG-TERM
CUMULATIVE EFFECTS
&
HIDDEN COSTS
of Development
must be thoroughly
studied, researched and understood
in advance of
development and design review
to ensure that the best decisions
are made
on behalf of all of Bozeman
5 Stories Up
+
Roof Access
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design Guidelines) in Support of
Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) VISUALS 49- 53
Assessment of Bozeman Planning Document (City Plans, UDC, NCOD and Design Guidelines) in Support of
Neighborhood Context, Compatibility, Character & Transition.
Prepared 12/12/16 (Updated 2/28/17) by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) VISUALS 49- 53