HomeMy WebLinkAbout11-20-17 City Commission Packet Materials - A4. Clydesdale Court CUP for Cooperative HousingPage 1 of 18
17469, Staff Report for the 4149 Clydesdale Court Cooperative Housing
Conditional Use Permit
Date: City Commission Public Hearing is on November 20, 2017
Project Description: A Conditional Use Permit application to allow the establishment of a
cooperative household at 4149 Clydesdale Court.
Project Location: 4149 Clydesdale Court and legally described as Lot 12, Block 8, Baxter Meadows Phase 1.
Recommendation: Approval with conditions
Recommended Motion: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in
the staff report for application 17469 and move to approve the 4149 Clydesdale
Court Cooperative Household conditional use permit to allow the establishment of a
cooperative household with conditions and subject to all applicable code provisions.
Report Date: Wednesday November 8, 2017
Staff Contacts: Chris Saunders, Community Development Manager
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
A Conditional Use Permit (CUP) application to establish a cooperative household. A
cooperative household is a method for persons who don’t meet the definition of household to
establish legal residence. A cooperative household is an allowed use in the Residential
Suburban district. See Appendix B for more detailed background information.
Many public comments have been received on this project. See Appendix C for a description
of public noticing and public comment received to date. On October 18, 2017, the
Development Review Committee found the conditional use permit application with the
conditions and code provisions identified in this report to be adequate for continued review.
Alternatives
1. Approve the application with the recommended conditions;
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2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable CUP criteria contained within the staff report;
4. Open and continue the public hearing on the application, with specific direction to Staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 1
SECTION 1 - MAP AND PLAN SERIES ............................................................................... 3
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 6
SECTION 3 – CONDITIONAL USE PERMIT PROVISIONS OF THE BMC...................... 7
SECTION 4 - FUTURE ACTIONS ......................................................................................... 8
SECTION 5 - STAFF ANALYSIS AND FINDINGS ............................................................. 8
Applicable Plan Review Criteria, Section 38.19.100, BMC. .............................................. 8
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC .............. 13
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 15
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 16
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 17
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ........................... 18
FISCAL EFFECTS ................................................................................................................. 18
ATTACHMENTS ................................................................................................................... 18
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SECTION 1 - MAP AND PLAN SERIES
Existing Zoning
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Future Land Use from Figure 3-1, Bozeman Community Plan
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Site plan for existing home
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Home elevations SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in
this report. These conditions are specific to the project.
Recommended Conditions of Approval:
1. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state
law.
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2. No fewer than four on-site parking spaces shall be provided and maintained at all
times.
3. The occupancy of the site shall continue to meet the required characteristics of
Cooperative Household as defined by the City at all times. Any transfer to another
party shall terminate the Conditional Use Permit unless it is demonstrated that the
new user continues to meet all applicable standards for a Cooperative Household.
SECTION 3 – CONDITIONAL USE PERMIT PROVISIONS OF THE BMC
1. Section 38.19.110.F, BMC states that the right to a conditional use permit must be
contingent upon the fulfillment of all general and special conditions imposed by the
Conditional Use Permit procedure. All special conditions and code provisions must
constitute restrictions running with the land, shall be binding upon the owner of the land,
his successors or assigns, shall be consented to in writing by the applicant prior to
commencement of the use and shall be recorded as such with the Gallatin County Clerk
and Recorder’s Office by the property owner prior to the final site plan approval or
commencement of the use. All of the conditions and code provisions specifically stated
under any conditional use listed in this title shall apply and be adhered to by the owner of
the land, successor or assigns. Staff will draft the document that must be recorded at the
Gallatin County courthouse. A copy of this recorded document must be submitted with
the final plan application.
2. Section 38.19.110.I, BMC describes the process for termination/ revocation of a
Conditional Use Permit approval: A. Conditional use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time, these things may change and the use may no longer be appropriate to a location. A conditional use permit will be
considered as terminated and of no further effect if: 1. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; 2. Final zoning approval to reuse the property for another principal or conditional use is granted;
3. The use or development of the site is not begun within the time limits of the final site plan approval in Section 38.19.130 BMC. B. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the Planning Director that the local circumstances and regulatory requirements
are essentially the same as at the time of the original approval. A denial of renewal by the Planning Director may not be appealed. If the Planning Director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. C. If activity begins for which a conditional use permit has been given final approval,
all activities must comply with any conditions of approval or code requirements.
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Should there be a failure to maintain compliance the City may revoke the approval
through the procedures outlined in Section 38.34.160, BMC.
SECTION 4 - FUTURE ACTIONS
The City Commission will consider the proposal on November 20, 2017. The City
Commission public hearing will occur at 121 North Rouse Avenue, Bozeman MT, in the City
Commission room at 6 p.m.
SECTION 5 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, and plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis in this report is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.19.100, BMC.
The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
In considering applications for plan approval under this chapter, the review authority and
advisory bodies evaluate the following criteria.
1. Conformance to and consistency with the City’s adopted growth policy
The proposed CUP complies with this criterion. As described in Appendix A, the Residential
land use designation allows for a wide variety of residential uses at a mix of intensity. It does
not favor one over another. For more detailed information on the growth policy designation,
please see Appendix A.
A review of the Bozeman Community Plan (BCP) did not identify any specific conflicts with
the future land use map or goals and objectives. The following discussion summarizes the
Staff’s findings. Chapter 3 of the BCP includes seven core concepts which shape land use
descriptions, interactions, and connections with other chapter of the BCP. These include
neighborhoods and urban density. The glossary includes defined terms to understand what
the City Commission and community meant when preparing the plan. Two selections follow.
“Compatible Land Use. A land use which may by virtue of the characteristics of its
discernible outward effects, exist in harmony with an adjoining land use of differing
character. Effects often measured to determine compatibility include, but are not limited
to, noise, odor, light, and the presence of physical hazards such as combustible or
explosive materials.”
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“Neighborhood. An area of Bozeman with characteristics that distinguish it from other
areas and that may include distinct economic characteristics, housing types, schools, or
boundaries defined by physical barriers, such as major highways and railroads or natural
features, such as watercourses or ridges. A neighborhood is often characterized by
residents sharing a common identity focused around a school, park, business center, or
other feature. As a distinct and identifiable area, often with its own name, neighborhoods
are recognized as fostering community spirit and a sense of place, factors recognized as
important in community planning.”
Reviewing the Residential land use designation, included in full in Appendix A, as well as
the goals and objectives of Chapter 3 it is apparent that residential development should
respect a neighborhood’s character. However, it is also apparent that neighborhood character
can be diverse in use, large in size, and that the adopted zoning standards are an important
implementing tool for the BCP.
A review of Chapter 6, Housing, finds three broad goals. These goals advocate for a range of
housing options to address the various needs and residential preferences of a growing
community. At the same time they also recognize the value of stable neighborhoods in
building the community.
The primary implementation tool for the BCP is zoning. The City Commission has adopted a
variety of zoning districts to address a wide range of needs. This includes nine residential
districts, of which the R-S district is one. In adopting the R-S district, the City Commission
must by state law mandate consider compliance with the BCP. The R-S district includes eight
different forms of residential uses. The R-S district identifies primarily, but not exclusively,
single-household development as part of its purpose. This range fits the various directives in
the BCP for housing diversity, neighborhood stability, and compatible land uses. The
standards of the R-S district provide for adequate lot area, setbacks, and other requirements
to control reasonably anticipated impacts of development.
The CUP for Cooperative Housing is different that the predominantly single-household
development pattern of immediately adjacent property. However, the use is within the range
allowed in the R-S district. The structure is existing and of a design character similar to those
in near proximity. Yards spaces and setbacks similar to adjacent lots is provided. These
physical features are consistent with the character of the neighborhood. The property will be
the primary residence of the owners. The distinctions are not so different that they cause to
property to not meet the definition of compatible land use. The site for the CUP is near to
other zoning districts including R-1 and R-3 which allow a range of uses from single
detached homes to four dwelling buildings. The R-S district where the project is located is an
area of approximately 16.5 acres embedded in more urban residential zoning districts.
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2. Conformance to this chapter, including the cessation of any current violations
No current violations are known to exist on the site. The proposed use of the site is consistent
with the allowed uses of the R-S district with the approval of a conditional use permit. The
proposed site layout conforms to the requirements of the Bozeman Municipal Code.
Public comment was received regarding the application being inappropriate for an R-S
district and contrary to the character of the area. A cooperative household is an allowed use
in all residential districts including R-S. Although the predominant use of R-S is for
individual homes occupied by an individual household it allows 22 different uses of which
eight are residential in nature. Exclusively considering R-S for one of the 22 uses, single
households, is not consistent with the description and function of the district. Section
38.08.020 which establishes the uses allowed in residential districts is attached to this report.
3. Conformance with all other applicable laws, ordinances, and regulations
No conflicts have been identified. Additional steps are required, such as application for a
building permit, which will be addressed following CUP review. The project is conforming
to the standards as presented and must comply with identified conditions and code
requirements.
Public comments were received regarding the covenants and home owners association
(HOA) for Baxter Meadows. Private covenants are a contract between private parties. The
City does not enforce or administer private contracts. The appropriate venue to address
covenant concerns is with the HOA officers. The City has not received correspondence from
the HOA officers regarding whether they find the proposed CUP consistent or inconsistent
with the covenants.
4. Relationship of site plan elements to conditions both on and off the property
The proposed CUP will occur within the existing building. No expansion of the exterior has
been proposed. The site meets all required setbacks and open area requirements.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
Clydesdale Court was created and platted to serve 4149 Clydesdale Court and adjacent
parcels at the time of the original development of the Baxter Meadows Phase 1 subdivision.
Clydesdale Court is a cul-de-sac which connects to Riata Road. No change to either street is
needed for this use. Total traffic will be well within the capacity of the streets.
Table 38.25.0470-1 establishes a baseline requirement of one parking space per resident in a
cooperative household. The same table also includes the following opportunity to reduce that
standard. “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
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serve a different population who may operate motor vehicles, then the additional required
parking shall be provided before the change in use may occur.”
The application material includes a description of users identifying that four will be adults
capable of driving at this time. The existing building provides two parking spaces in a garage
and two in the driveway. This is common in the area. The site is wedge shaped with the small
end adjacent to the street. Due to driveway placement there is no on-street parking which can
be used to meet parking requirements for this application. The application includes a request
to reduce the required parking to account for 60% of the residents being well under legal
driving age. As there is a legal prohibition on minors driving until they qualify for a license
this appears to be a reasonable request. There is a large side yard that could be accessed to
provide additional parking in the future should that become necessary. Condition two
requires that four on-site parking spaces be provided at all times. This prevents conversion of
the garage to other uses.
Public comments were received addressing the benefits of shared travel facilitated by the
application and concerns regarding additional traffic from additional persons residing at the
site. No extraordinary usage is expected from the use. The area is residential in nature and the
current facilities are adequate to that use. The additional intensity of use is equivalent to one
additional household. Average single-household vehicle trip generation is 9.6 trips per day.
No upgrades to facilities would be triggered by such a low level of increase. Condition 3
requires all future users to continue to comply with applicable standards including parking. If
there was a proposal to transfer the use to another owner that new owner would need to
demonstrate availability of adequate parking for the new residents.
6. Pedestrian and vehicular ingress and egress
There are City standard sidewalks on Clydesdale Court. Riata Road does not have sidewalks.
This configuration was approved with the original Baxter Meadows Phase 1 subdivision.
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
The site was landscaped at the time of initial construction. No changes to the landscaping on-
site are required. Section 38.26.050.E creates an exception for the R-S district from required
installation of street trees. Although not required, it is suggested that placement of a street
tree as sited by the Forestry Department would improve the area.
8. Open space
No additional park land or private open space is required. The existing home meets the
setback and lot coverage requirements for R-S.
9. Building location and height
The existing building complies with the R-S standard.
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10. Setbacks
The existing building abides by all minimum yard setbacks.
11. Lighting
No exterior lighting is proposed at this time.
12. Provisions for utilities, including efficient public services and facilities
Water and wastewater services are both provided existing residence and meet engineering
standards. Gas and underground power services can be provided through the utility
easements established with the original subdivision plat. Public comment was received
questioning the ability of utilities to handle the additional demands associated with the CUP.
Review of the application by the City’s Engineering and utility operations staff did not
identify any concerns from this application.
13. Site surface drainage
There is no proposed change to the existing site that will affect this criterion. There are no
known issues with drainage.
14. Loading and unloading areas
Not applicable.
15. Grading
See item 13 above. No significant grade is present on this site.
16. Signage
Not applicable.
17. Screening
If the property owner wishes to install new mechanical equipment on the ground such as air
conditioning condensers or to the building elevation at future date, it must be properly
screened with physical/opaque screening and/or be integrated into the building.
18. Overlay district provisions
Not applicable. The site is not located within an overlay district.
19. Other related matters, including relevant comment from affected parties
As of the writing of this report, 37 public comments have been received. Twenty-seven
comments are in support and nine comments are in opposition. All comments have been
aggregated and are available through the City’s website at
http://weblink.bozeman.net/WebLink8/Browse.aspx?startid=136902. Comments cover a
wide range of subjects including affordable housing, traffic reduction, strengthening and
preserving neighborhoods and neighborhood character, property upkeep, adequacy of utility
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and street capacity, compliance with covenants, and uses allowed within the Residential
Suburban zoning district. Where a comment is applicable to a CUP review criteria
consideration of the comment is placed there. Some comments addressed issues not
applicable to zoning review criteria. Such issues were not addressed in this report.
20. If the development includes multiple lots that are interdependent for circulation or
other means of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved configuration
or use of the property or cause the development to become nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the
City is a party so that the sale of individual lots will not cause one or more elements of
the development to become nonconforming.
Not applicable.
21. Compliance with article 38.43 of the Bozeman Municipal Code (affordable housing).
Not applicable. The requirements of article 38.43 only apply to certain subdivision
applications and controls the sales prices of homes. Approval of the CUP does not alter the
sale price or ability to resell the home. Whether the CUP enables the applicants to acquire a
home they might not otherwise is not within the scope of article 38.43.
22. Phasing of development
No phasing is proposed.
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC
E. In addition to the review criteria of Section 38.19.100, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate
such use, and all yards, spaces, walls and fences, parking, loading and landscaping are
adequate to properly relate such use with the land and uses in the vicinity;
The proposed CUP will occur within the existing building. The standards of the R-S district
require separation from adjacent properties. As discussed above, adequate parking appears to
have been provided. Conditions 2 and 3 further address this need. There is no need to screen
one residential use from another. The lot is large enough to provide for multiple detached
homes in other residential districts and landscaping has been provided.
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2. That the proposed use will have no material adverse effect upon the abutting
property. Persons objecting to the recommendations of review bodies carry the burden
of proof;
Staff has not identified any hazards to the public health and safety and finds that the
application complies with the Unified Development Code as conditioned. There is adequate
circulation, and there are adequate parking facilities and municipal services to support the
use. The physical character of the building will remain the same and within the expected
character of the area. No off-site impacts have been identified. Staff finds that the proposed
cooperative household will not have material adverse effect upon abutting properties.
3. That any additional conditions stated in the approval are deemed necessary to
protect the public health, safety and general welfare. Such conditions may include, but
are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use must be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the city in an orderly and
efficient manner.
Staff has identified, through the review process, recommended project conditions that are
included to protect the public health, safety, and general welfare. Please see the
recommended Conditions of Approval and findings within this report.
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F. In addition to all other conditions, the following general requirements apply to every
conditional use permit granted:
1. That the right to a use and occupancy permit must be contingent upon the fulfillment
of all general and special conditions imposed by the conditional use permit procedure;
and
2. That all of the conditions must constitute restrictions running with the land use, must
apply and be adhered to by the owner of the land, successors or assigns, must be
binding upon the owner of the land, his successors or assigns, must be consented to in
writing, and must be recorded as such with the Gallatin County Clerk and Recorder's
Office by the property owner prior to the issuance of any building permits, final plan
approval or commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final plan process and
will be required prior to approval of the final plan. A document for the record will be
provided by the City following any action granting preliminary approval.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned R-S (Residential Suburban
District). Per 38.08.010.A.1,
“The intent and purpose of the R-S residential suburban district is to allow open space,
resource protection and primarily single-household development in circumstances where
environmental constraints limit the desirable density. All new subdivision and site plan
developments in this district shall be subject to the provisions of article 20 of this chapter,
pertaining to planned unit development, and shall be developed in compliance with the
adopted city growth policy.”
Adopted Growth Policy Designation: The property is designated as “Residential” in the
Bozeman Community Plan. The Plan indicates that,
“This category designates places where the primary activity is urban density dwellings. Other
uses which complement residences are also acceptable such as parks, low intensity home
based occupations, fire stations, churches, and schools. High density residential areas should
be established in close proximity to commercial centers to facilitate the provision of services
and employment opportunities to persons without requiring the use of an automobile.
Implementation of this category by residential zoning should provide for and coordinate
intensive residential uses in proximity to commercial centers. The residential designation
indicates that it is expected that development will occur within municipal boundaries, which
may require annexation prior to development. The dwelling unit density expected within this
classification varies between 6 and 32 dwellings per net acre. A higher density may be
considered in some locations and circumstances. A variety of housing types can be blended
to achieve the desired density. Large areas of single type housing are discouraged. In limited
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instances the strong presence of constraints and natural features such as floodplains may
cause an area to be designated for development at a lower density than normally expected
within this category. All residential housing should be arranged with consideration of
compatibility with adjacent development, natural constraints such as watercourses or steep
slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The
residential designation is intended to provide the primary locations for additional housing
within the planning area.”
APPENDIX B – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The subject application is a request to approve a Conditional Use Permit (CUP) for a cooperative
household unit. The site in question is a residential lot located on Clydesdale Court which is a
cul-de-sac connecting to Riata Road. The CUP will occupy the entire lot. The 14,810-square
foot/.34 acre property is bounded by the street on the south, an open space for the subdivision on
the north, and individual lots on the east and west.
According to Table 38.08.020, BMC, Cooperative Households are allowed as a conditional use
in R-S zoning and require a public hearing. The full list of allowed uses is available at
https://library.municode.com/mt/bozeman/codes/code_of_ordinances?nodeId=PTIICOOR_CH38
UNDECO_ART8REZODI_S38.08.020AUUS. There are 22 distinct uses allowed in the R-S
district as either a principal or conditional use. Of those uses, eight are some form of residential
use. The primary, but not exclusive, use in the R-S district is that of Household as defined below.
As shown, the character of a household can be very diverse from one residence to another.
Sec. 38.42.1420. - Household.
A. A person living alone, or any of the following groups living together as a single nonprofit
housekeeping unit and sharing common living, sleeping, cooking and eating facilities:
1. Any number of people related by blood, marriage, adoption, guardianship or other
duly-authorized custodial relationship;
2. Not more than four unrelated people; or
3. Two unrelated people and any children related to either of them.
4. Persons or groups granted a request for a reasonable accommodation to reside as a
single housekeeping unit pursuant to section 38.35.090.
5. "Household" does not include:
a. Any society, club, fraternity, sorority, association, lodge, combine,
federation, coterie, cooperative housing or like organization;
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b. Any group of individuals whose association is temporary or seasonal in
nature; or
c. Any group of individuals who are in a group living arrangement as a result of
criminal offenses.
Sec. 38.42.760. - Cooperative household.
A. A cooperative household is a single housekeeping unit with five or more persons which
exhibits four or more of the following characteristics:
1. A shared strong bond or common commitment to a single purpose, such as members
of a religious order;
2. Are not legally dependent on others not living with them;
3. Can establish legal "domicile" as defined by state law;
4. Share a single household budget;
5. Share in the work of maintaining the premises;
6. Legally share in the ownership or possession of the premises, e.g., tenants in
common on a deed or cosigners of a single lease; or
7. The relationship must be of a permanent and distinct character with a demonstrable
and recognizable bond characteristic of a cohesive unit.
B. Cooperative housing does not mean any society, club, fraternity, sorority, association,
lodge, organization or other individuals with a common living arrangement or whose basis for
the establishment of the housekeeping unit is for a period of less than 12 months.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners
within 200 feet of the exterior boundaries of the property via USPS first class mail at least 15 and
not more than 45 days prior to the expected decision by the City Commission. Notice was
published in the Bozeman Daily Chronicle on October 22, and November 5, 2017. Notice was
posted on site on October 23, 2017.
As of the writing of this report, 37 public comments were received. All comments were
aggregated to the City’s website for ready access to the public. The comments are available at
http://weblink.bozeman.net/WebLink8/Browse.aspx?startid=136902. Responses to comments
are provided within the body of the report.
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APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owners/Applicants: Matt & Lisa Kirby, Jesse & Megan Radoslovich, 4149 Clydesdale
Court, Bozeman MT 59718
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this application.
ATTACHMENTS
The full application and file of record can be viewed at the Bozeman Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Section 38.08.020, BMC – Residential Zoning Districts
Submittal Documents
Plans
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256
September 26, 2017 Community Development City of Bozeman
20 East Olive St
Bozeman, MT 59715
City of Bozeman Community Development, We are writing to request a Conditional Use Permit (CUP) for a Cooperative Household for the house located at 4149 Clydesdale Ct, Bozeman, MT 59718. The current owners, Ken and Wendy Stock, are in the process of selling their home to Jesse & Megan Radoslovich and us (Matt & Lisa Kirby). We believe our situation meets all seven CUP criteria for a Cooperative Household (see definition characteristics Sec. 38.42.760) because:
1) All four of us share a strong bond ministering to college students as full-time Religious
Missionary Order employees with Cru (also known as Campus Crusade for Christ).
2) We are not legally dependent on others not living with us since we are financially
independent.
3) This home, upon receiving this CUP, will be our primary residence for our housekeeping
unit.
4) We have agreed to split all costs associated with this home including taxes, insurance,
mortgage payments, utilities, and necessary upkeep. 5) Since both families have agreed to function as a single housekeeping unit, we have also agreed to share the work of maintaining the premises to the neighborhoods standard. 6) We will legally share in the ownership of the premises as tenants in common by having all four of our names on the deed. 7) This house will be our primary residency for five or more years while raising our families in close community with each other. In addition to meeting these Cooperative Household criteria, this home is big enough with 3,168 finished square feet which includes 4 bedrooms. It also has 1,680 square feet of
unfinished basement with room to add two more egress bedrooms in the future and 4
parking spaces for adults able to drive.
On August 29th, 2017, we attended the Baxter Meadows Ph. 1 HOA quarterly meeting to bring this matter to their attention with the desire to be forthright with our situation. At this meeting we received approval from the HOA Board that two families sharing a home as a primary residence in the Baxter Meadows Ph. 1 subdivision is compliant with all covenants according to their attorney. As a single housekeeping unit, we also hope to help reduce traffic congestion and emissions as we carpool to and from work with Cru at Montana State University and to and from Emily Dickinson Elementary school where our children attend school. In addition, we are pursuing this CUP for Cooperative Housing to foster community within our neighborhood, as well as make home ownership more affordable in Bozeman.
Sincerely,
Matt and Lisa Kirby & Jesse and Megan Radoslovich
257
258
259
PARKING PLAN 1234260
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. 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.
1. The intent and purpose of the R-S residential suburban district is to allow open space, resource protection and
primarily single-household development in circumstances where environmental constraints limit the desirable
density. All new subdivision and site plan developments in this district shall be subject to the provisions of article
20 of this chapter, pertaining to planned unit development, and shall be developed in compliance with the
adopted city growth policy.
2. The intent of the R-1 residential single-household low density district is to provide for primarily single-household
residential development and related uses within the city at urban densities, and to provide for such community
facilities and services as will serve the area's residents while respecting the residential character and quality of
the area.
3. The intent of the R-2 residential two-household medium density district is to provide for one- and two-household
residential development at urban densities within the city in areas that present few or no development
constraints, and for community facilities to serve such development while respecting the residential quality and
nature of the area.
4. The intent of the R-3 residential medium density district is to provide for the development of one- to five-
household residential structures near service facilities within the city. It should provide for a variety of housing
types to serve the varied needs of households of different size, age and character, while reducing the adverse
effect of nonresidential uses.
5. The intent of the R-4 residential high density district is to provide for high-density residential development
through a variety of housing types within the city with associated service functions. This will provide for a variety
of compatible housing types to serve the varying needs of the community's residents. Although some office use
is permitted, it shall remain as a secondary use to residential development. Secondary status shall be as
measured by percentage of total building area.
6. The intent of the R-5 residential mixed-use high density district is to provide for high-density residential
development through a variety of compatible housing types and residentially supportive commercial uses in a
geographically compact, walkable area to serve the varying needs of the community's residents. Offices and
small scale retail and restaurants are allowed as secondary uses provided special standards are met.
7. The intent of the R-O residential-office district is to provide for and encourage the development of
multihousehold and apartment development and compatible professional offices and businesses that would
blend well with adjacent land uses. The primary use of a lot, as measured by building area, permitted in the R-O
district is determined by the underlying growth policy land use designation. Where the district lies over a
residential growth policy designation the primary use shall be non-office uses; where the district lies over a
nonresidential designation the primary use shall be office and other nonresidential uses. Primary use shall be
measured by percentage of building floor area.
8. The intent of the RMH residential manufactured home community district is to provide for manufactured home
community development and directly related complementary uses within the city at a density and character
compatible with adjacent development. The district is intended to be residential in character and consistent with
the standards for other forms of residential development permitted by this chapter.
(Ord. No. 1645, § 18.16.010, 8-15-2005; Ord. No. 1693, § 4(18.16.010), 2-20-2007; Ord. No. 1709, §
2(18.16.010), 7-16-2007; Ord. No. 1761, exh. A(18.16.010), 7-6-2009; Ord. No. 1769, exh. E(18.16.010), 12-
28-2009; Ord. No. 1942 , § 3, 4-25-2016)
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Sec. 38.08.020. - Authorized uses.
A. Uses in the various residential districts are depicted in Table 38.08.020 in subsection C of this section. Principal uses
are indicated with a "P," conditional uses are indicated with a "C," accessory uses are indicated with an "A" and uses
which are not permitted with the district are indicated by a "-."
B. Additional uses for telecommunication uses are contained in article 29 of this chapter.
C. The uses listed are deliberately broad and some are given special definitions in article 42 of this chapter. The intent
of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each
proposal to be specifically addressed through the review process. Some uses are the subject of special regulations
contained in article 22 of this chapter.
Table 38.08.020
Table of Residential Uses
Authorized Uses
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Accessory dwelling units 8,9 C C P P P P P —
Agricultural uses on 2.5 acres or more 2 P — — — — — — —
Agricultural uses on less than 2.5 acres 2 C — — — — — — —
Apartments/apartment building, as defined in article 42 of this chapter — — — — P P P —
Bed and breakfast C C C C P P P —
Commercial stable C — — — — — — —
Community centers C C C C C C P C
Community residential facilities with eight or fewer residents P P P P P P P P
Community residential facilities serving nine or more residents — — — C P P P —
Cooperative housing C C C P P P P C
Cottage Housing — P P P P P P P
Day care centers C C C P P P P C
Essential services Type I A A A A A A A A
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Essential services Type II P P P P P P P P
Essential services Type III C 10 C 10 C 10 C 10 C 10 C 10 C 10 C 10
Extended stay lodgings C C C P P P P —
Family day care home P P P P P P P P
Fences A A A A A A A A
Fraternity and sorority houses — — — C P — P —
Golf courses C C C — — — — C
Greenhouses A A A A A A A —
Group day care home P P P P P P P P
Group living P P P P P P P P
Guesthouses A A A A A A A —
Home-based businesses 5 A/C A/C A/C A/C A/C A/C A/C A/C
Lodging houses — — — C P P P —
Offices — — — — C3 C 3 P —
Other buildings and structures typically accessory to authorized uses A A A A A A A A
Private garages A A A A A A A A
Private or jointly owned recreational facilities A A A A A A A A
Private stormwater control facilities A A A A A A A A
Private vehicle and boat storage A A A A A A A A/C 4
Public and private parks P P P P P P P P
Manufactured homes on permanent foundations 1 P P P P P P P P
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Manufactured home communities — — — — — — — P
Medical offices, clinics, and centers — — — — C C 3 P —
Recreational vehicle parks C — — — — — — P
Restaurant — — — — — P 11 — —
Retail — — — — — P 11 — —
Signs, subject to article 28 of this chapter A A A A A A A A
Single-household dwelling P P P P P P P P
Temporary buildings and yards incidental to construction work A A A A A A A A
Temporary sales and office buildings A A A A A A A A
Three- or four-household dwelling — — — P P P P —
Two-household dwelling — — P P P P P —
Townhouses (two attached units) P7 P7 P P P P P P 7
Townhouses (five attached units or less) — — — P6 P P P —
Townhouses (more than five attached units) — — — — P P P —
Tool sheds for storage of domestic supplies A A A A A A A A
Uses approved as part of a PUD per article 20 of this chapter C C C C C C C C
Veterinary uses C — — — — — — —
Notes:
1 Manufactured homes are subject to the standards of section 38.22.130.
2 Agricultural uses include barns and animal shelters, and the keeping of animals and fowl, together with their dependent
young, as hereinafter set forth per 2.5 acres: one horse or one cow; two sheep or two goats; ten rabbits; 36 fowl
(chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese, turkeys, etc.). For larger parcels the review
authority may determine that a larger number of livestock is consistent with the requirements of this section.
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3 Only when in conjunction with dwellings.
4 Storage for more than three recreational vehicles or boats.
5 Home-based businesses are subject to the terms and thresholds of section 38.22.110.
6 In the R-3 district, townhouse groups shall not exceed 120 feet in total width.
7 In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of chapter 38,
article 43, Affordable Housing. May only be utilized in developments subject to chapter 38, article 43.
8 Not permitted on reduced size lots for work force housing as described in chapter 38, article 43.
9 Accessory dwelling units in the RS and R1 districts shall be permitted to be placed above garages only in subdivisions
receiving preliminary plat approval after January 1, 1997.
10 Only allowed when service may not be provided from an alternative site or a less intensive installation or set of
installations.
11 Subject uses are limited to 2,500 sf of gross floor area and only allowed on street corner sites within a mixed-use
building featuring residential units next to and/or above subject uses.
(Ord. No. 1645, § 18.16.020, 8-15-2005; Ord. No. 1693, § 4(18.16.020), 2-20-2007; Ord. No. 1709, §
2(18.16.020), 7-16-2007; Ord. No. 1761, exh. A (18.16.020), 7-6-2009; Ord. No. 1769, exh. E(18.16.020), 12-
28-2009; Ord. No. 1828, § 9, 9-10-2012; Ord. No. 1838, §§ 1, 2, 9-10-2012; Ord. No. 1830, § 6, 9-24-2012;
Ord. No. 1893, § 5, 8-11-2014 ; Ord. No. 1930 , § 1, 1-3-2016; Ord. No. 1942 , § 4, 4-25-2016; Ord. No. 1952 , § 4,
7-11-2016)
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Sec. 38.25.040. - Number of parking spaces required.
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 nonparking 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
Dwelling Types Parking Spaces Required per Dwelling
Accessory dwelling unit 1
Lodginghouse 0.75 spaces per person of approved capacity
Efficiency unit 1.25 (1.0 in R-5 and B-2M districts)
One-bedroom 1.5 (1.25 in R-5 and B-2M districts)
Two-bedroom 2 (1.75 in R-5 and B-2M districts)
Three-bedroom 3 (2.5 in R-5 and B-2M districts)
Dwellings with more than three bedrooms 4 (3 in R-5 and B-2M districts)
Group homes and community residential facilities 0.75 spaces per person of approved capacity 1
Bed and breakfast 1 space/rental unit
Manufactured home 2
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All types of dwellings within the B-3 district 1
Group living /cooperative household/fraternity/sorority 1 space per resident 1
1 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.
Table 38.25.040-2
Reduction
Allowed Ratio of Required Nonresidential to Required Residential Parking Spaces
50% Greater than 1:1 but less than 3:1
100% Equal to or greater than 3:1
(3) A car-sharing agreement meeting the criteria established by the planning director may be used to
meet the required number of parking spaces. To use this option the development must have more
than five dwelling units. Each vehicle provided through a car sharing agreement counts as required
parking at a ratio of one dedicated car-share space to five standard spaces, up to a maximum of 50
percent of the total required residential parking.
(4) Transit availability. A residential development subject to site plan review may take a ten percent
reduction in required parking spaces where the development is within 800 feet of a developed and
serviced transit stop. For the purpose of this subsection a transit stop is eligible when it has a shelter
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installed which meets the standards of and is approved by the transit provider, and service is provided
on not less than an hourly schedule a minimum of five days per week.
(Ord. No. 1645, § 18.46.040, 8-15-2005; Ord. No. 1693, § 15(18.46.040), 2-20-2007; Ord. No. 1761, exh.
I(18.46.040), 7-6-2009; Ord. No. 1769, exh. H(18.46.040), 12-28-2009; Ord. No. 1802, §§ 9, 10, 4-11-2011;
Ord. No. 1828, § 64, 9-10-2012; Ord. No. 1830, §§ 26—29, 9-24-2012; Ord. No. 1942 , § 20, 4-25-2016)
268
Page 1
Sec. 38.42.760. - Cooperative household.
A. A cooperative household is a single housekeeping unit with five or more persons which exhibits four
or more of the following characteristics:
1. A shared strong bond or common commitment to a single purpose, such as members of a
religious order;
2. Are not legally dependent on others not living with them;
3. Can establish legal "domicile" as defined by state law;
4. Share a single household budget;
5. Share in the work of maintaining the premises;
6. Legally share in the ownership or possession of the premises, e.g., tenants in common on a
deed or cosigners of a single lease; or
7. The relationship must be of a permanent and distinct character with a demonstrable and
recognizable bond characteristic of a cohesive unit.
B. Cooperative housing does not mean any society, club, fraternity, sorority, association, lodge,
organization or other individuals with a common living arrangement or whose basis for the
establishment of the housekeeping unit is for a period of less than 12 months.
(Ord. No. 1645, § 18.80.730, 8-15-2005; Ord. No. 1693, § 29(18.80.730), 2-20-2007; Ord. No.
1761, exh. R(18.80.730), 7-6-2009; Ord. No. 1838, § 10, 9-10-2012)
269
270
Property Owners Within 200 Feet of 4149 Clydesdale Ct., Bozeman, MT 59718
According to the notice requirements of the applicable zoning regulation
Legal Description of Property Property Owner’s Name Mailing Address of Property Owner from
Montana Dept. of Revenue
1
4197 Clydesdale Ct.
Bozeman, MT 59718
David & Stephanie Behan 212 Cattlebaron Parc Dr.
Fort Worth, TX 76108
2
4143 Clydesdale Ct.
Bozeman, MT 59718
William Mills 4143 Clydesdale Ct.
Bozeman, MT 59718
3
4140 Clydesdale Ct.
Bozeman, MT 59718
Gregory & Amanda Heys 4140 Clydesdale Ct.
Bozeman, MT 59718
4
4154 Clydesdale Ct.
Bozeman, MT 59718
Jeffrey Olech 4154 Clydesdale Ct.
Bozeman, MT 59718
5
4194 Clydesdale Ct.
Bozeman, MT 59718
Jeffrey & Jennifer Favre 4194 Clydesdale Ct.
Bozeman, MT 59718
6
Chief Joseph Middle School
4255 Kimberwicke St.
Bozeman, MT 59718
Bozeman Elementary
District No. 7
404 W. Main St.
Bozeman, MT 59715
7
4229 Fjord Ct.
Bozeman, MT 59718
Jerry & Sandie Hammer 4229 Fjord St.
Bozeman, MT 59718
8
4226 Fjord Ct.
Bozeman, MT 59718
Morgan Newell & Kara
Haynes
4226 Fjord Ct.
Bozeman, MT 59718
9
2483 Lasso Ave
Bozeman, MT 59718
Gregory & Elizabeth
Matthews
2483 Lasso Ave
Bozeman, MT 59718
271
10
2465 Lasso Ave
Bozeman, MT 59718
Michael Flynn 2465 Lasso Ave
Bozeman, MT 59718
11
2443 Lasso Ave
Bozeman, MT 59718
Andy & Nicole Bloyer 2443 Lasso Ave
Bozeman, MT 59718
12
Baxter Meadows Open Space Baxter Meadows
Homeowners Association
P.O. Box 5298
Bozeman, MT 59719
13
2421 Lasso Ave
Bozeman, MT 59718
Amy Babcock 2421 Lasso Ave
Bozeman, MT 59718
14
2413 Lasso Ave
Bozeman, MT 59718
Cassie Springer 2413 Lasso Ave
Bozeman, MT 59718
272
273
#1
274
CLOSET
BEDROOM
#2
#3 #4
275
FUTURE
BEDROOM
#5
FUTURE
BEDROOM
#6CLOSET
CLOSET276
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278
Sec. 38.08.020. - Authorized uses.
A. Uses in the various residential districts are depicted in Table 38.08.020 in subsection C of this section. Principal uses are indicated with a "P," conditional uses are indicated with a "C," accessory uses are indicated with an "A" and uses which are not permitted with the district are indicated by a "-."
B. Additional uses for telecommunication uses are contained in article 29 of this chapter.
C. The uses listed are deliberately broad and some are given special definitions in article 42 of this chapter. The intent of this method is to provide general guidance for uses while allowing the unique
needs and circumstances of each proposal to be specifically addressed through the review process. Some uses are the subject of special regulations contained in article 22 of this chapter.
Table 38.08.020
Table of Residential Uses Authorized Uses
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Accessory dwelling units 8,9 C C P P P P P —
Agricultural uses on 2.5 acres or more 2 P — — — — — — —
Agricultural uses on less than 2.5 acres 2 C — — — — — — —
Apartments/apartment building, as defined in article 42 of this
chapter — — — — P P P —
Bed and breakfast C C C C P P P —
Commercial stable C — — — — — — —
Community centers C C C C C C P C
Community residential facilities with eight or fewer residents P P P P P P P P
Community residential facilities serving nine or more residents — — — C P P P —
Cooperative housing C C C P P P P C
Cottage Housing — P P P P P P P
Day care centers C C C P P P P C
Essential services Type I A A A A A A A A
Essential services Type II P P P P P P P P
Essential services Type III C 10 C 10 C 10 C 10 C 10 C 10 C 10 C 10
Family day care home P P P P P P P P
Fences A A A A A A A A
Fraternity and sorority houses — — — C P — P —
Golf courses C C C — — — — C
Greenhouses A A A A A A A —
Group day care home P P P P P P P P
Group living P P P P P P P P
279
Guesthouses A A A A A A A —
Home-based businesses 5 A/C A/C A/C A/C A/C A/C A/C A/C
Lodging houses — — — C P P P —
Offices — — — — C3 C 3 P —
Other buildings and structures typically accessory to authorized uses A A A A A A A A
Private garages A A A A A A A A
Private or jointly owned recreational facilities A A A A A A A A
Private stormwater control facilities A A A A A A A A
Private vehicle and boat storage A A A A A A A A/C
4
Public and private parks P P P P P P P P
Manufactured homes on permanent foundations 1 P P P P P P P P
Manufactured home communities — — — — — — — P
Medical offices, clinics, and centers — — — — C C 3 P —
Recreational vehicle parks C — — — — — — P
Restaurant — — — — — P 11 — —
Retail — — — — — P 11 — —
Short term rentals (Type 1) P P P P P P P —
Short term rentals (Type 2) — — P P P P P —
Short term rentals (Type 3) — — — — — — — —
Signs, subject to article 28 of this chapter A A A A A A A A
Single-household dwelling P P P P P P P P
Temporary buildings and yards incidental to construction work A A A A A A A A
Temporary sales and office buildings A A A A A A A A
Three- or four-household dwelling — — — P P P P —
Two-household dwelling — — P P P P P —
Townhouses (two attached units) P7 P7 P P P P P P 7
Townhouses (five attached units or less) — — — P6 P P P —
Townhouses (more than five attached units) — — — — P P P —
Tool sheds for storage of domestic supplies A A A A A A A A
Uses approved as part of a PUD per article 20 of this chapter C C C C C C C C
Veterinary uses C — — — — — — —
280
Notes:
1 Manufactured homes are subject to the standards of section 38.22.130.
2 Agricultural uses include barns and animal shelters, and the keeping of animals and fowl, together with their dependent young, as hereinafter set forth per 2.5 acres: one horse or one cow; two sheep or two goats; ten rabbits; 36 fowl (chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese, turkeys, etc.). For larger parcels the review authority may determine that a larger number of livestock is consistent with the requirements of this section.
3 Only when in conjunction with dwellings.
4 Storage for more than three recreational vehicles or boats.
5 Home-based businesses are subject to the terms and thresholds of section 38.22.110.
6 In the R-3 district, townhouse groups shall not exceed 120 feet in total width.
7 In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of chapter 38, article 43, Affordable Housing. May only be utilized in developments subject to chapter 38, article 43.
8 Not permitted on reduced size lots for work force housing as described in chapter 38, article 43.
9 Accessory dwelling units in the RS and R1 districts shall be permitted to be placed above garages only in subdivisions receiving preliminary plat approval after January 1, 1997.
10 Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations.
11 Subject uses are limited to 2,500 sf of gross floor area and only allowed on street corner sites within a mixed-use building featuring residential units next to and/or above subject uses.
(Ord. No. 1645, § 18.16.020, 8-15-2005; Ord. No. 1693, § 4(18.16.020), 2-20-2007; Ord. No. 1709, § 2(18.16.020), 7-16-2007; Ord. No. 1761, exh. A (18.16.020), 7-6-2009; Ord. No. 1769, exh. E(18.16.020), 12-28-2009; Ord. No. 1828, § 9, 9-10-2012; Ord. No. 1838, §§ 1, 2, 9-10-
2012; Ord. No. 1830, § 6, 9-24-2012; Ord. No. 1893, § 5, 8-11-2014 ; Ord. No. 1930 , § 1, 1-3-
2016; Ord. No. 1942 , § 4, 4-25-2016; Ord. No. 1952 , § 4, 7-11-2016; Ord. No. 1974 , § 4, 9-11-2017, eff. 12-1-2017)
_____
281