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Home My WebLink About18- Ordinance 1998 Amending Design Review Board (DRB) Duties to Harmonize with the UDC Update B029 ORDINANCE NO. 1998 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO AMEND BOZEMAN MUNICIPAL CODE SECTION 2.05.3000, DESIGN REVIEW BOARD DUTIES, TO HARMONIZE WITH AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE AND TO REMOVE CONDITIONAL USE PERMITS FROM THE PURVIEW OF THE DESIGN REVIEW BOARD. WHEREAS, Bozeman Municipal Code is established in accordance with MCA 7-5-107 and MCA 7-5-108; and WHEREAS, the Design Review Board is established in Section 2.05.3000 to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the review authority; and WHEREAS, Chapter 3 8 of Bozeman Municipal Code is adopted by authority of MCA 76- 2-301 et seq., MCA 76-3-101 et seq., and MCA 7-3-701 et seq.; and WHEREAS, the City of Bozeman adopted amendments to Chapter 38 of the Bozeman Municipal Code by approving Ordinance Nos. 1978 and 1994 on December 18,2018 and February 26, 2018, respectively; and WHEREAS,the amendments in Ordinances 1978 and 1994 include reorganization of code references and elimination of entryway corridor requirements from the Unified Development Code; Page 1 of 6 Ordinance No. 1998,Design Review Board Duties WHEREAS,the Design Review Board reviewed the proposed amendments in Ordinance 1998 and voted unanimously,4:0,to recommend approval to the City Commission at their meeting on Wednesday, March 28, 2018; and WHEREAS, the Bozeman City Commission held a duly noticed public hearing on April 9, 2018; and voted unanimously, 5:0, to approve Ordinance 1998, amending Bozeman Municipal Code Section 2.05.3000, Design Review Board Duties. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings: The City Commission hereby adopts the following findings: 1. The above recitals are incorporated herein. 2. The proposed amendments are consistent with the intent of the City Commission in their discussions regarding Ordinances 1978 and 1994 to expand the scope of the Design Review Board to review projects of a certain size and intensity throughout the City of Bozeman. 3. There is value to the community in having all elements of the municipal code in harmony. 4. Chapter 38, BMC, makes several references to the Design Review Board's duties that are not currently included in Chapter 2. 5. The City Commission intends to remove review procedures for which a clear public benefit is not apparent and most conditional uses occur within existing structures with minimal change to the exterior of the building and the Design Review Board's duties is focused on building and site design of larger and more complex proposals. 6. Projects that meet the thresholds of Section 38.230.040.C. require DRB review for aesthetic considerations whether or not they are conditional uses. Page 2 of 6 Ordinance No. 1998,Design Review Board Duties Section 2 That Section 02.05.3000 of the Bozeman Municipal Code be amended as follows: See. 2.05.2�r�stablished Powers a duties. A. The design review beafd(DRB) is established to evaluate aesthetie eensidefatiefis of large to provide reeonnnendations regarding sueh proposals to the review au4hority, sttbjeet to t .f ehar+or 38 B. The DRB shall aet as an advisory body to the review authority for, thresholds of 3,8-19.040.-C-.; develop,pefmits for the purpose E)f aeeessory dwelling units and eonditional use permits Whie do not er-eate additional building afea-, 3. Planned unit developments; G. The DRB may and aftef adoption by the eity eoramission, apply speeifie guidelines eonstruetion and/or alteration of struetures, sites of afeas-, A The DRB ma applieable development proposal applieations for zoning te) amendmepAs, or-applieations foF moving, demolition or any other ki of pefmit that m ff +, fop ,•ties loeated t,,;+ i entryway eoffidor-s; E. The DRB has responsibility�for proTcctssccoJccc-co38.19.040.C. Sec. 2.05.3000. -Established—Powers and duties. A. The design review board (DRB) is established to evaluate aesthetic considerations of larger and more complex proposals which are likelyproduce significant communitypact and to provide recommendations regarding such proposals to the review authority, subject to the provisions of chapter 3 8. B. The DRB shall act as an advisory to the review authority 1. Development applications meeting one or more of the thresholds of 38.230.040.C., Page 3 of 6 Ordinance No. 1998, Design Review Board Duties 2. Planned unit developments; and 3. Appeals from ADR decisions. C. The DRB may develop, and after adoption by the city commission, apply specific guidelines related to such concerns as architectural appearance, landscape design and signage for the construction and/or alteration of structures sites or areas; D. When proposals for reuse, change in use or further development of a site are located in the neighborhood conservation overlay district,review by the DRB may be required to determine whether resubmittal as a new application is necessary in accordance with 38.230.160.; E. The DRB maw quested to review the following development projects within the neighborhood conservation overlay district: new construction, alterations to existing structures,movement of structures into or out of the neighborhood conservation overlay district, or demolition of structures by any means or process in accordance with 38.340.A. F. The DRB must review any tax abatement or other incentive programs being considered by the city commission that are designed to stimulate preservation and rehabilitation of structures and properties with the neighborhood conservation district, and to review any proposed action or development utilizing these abatement or incentive programs in accordance with 38.340.020. Section 4 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this Ordinance. All other Page 4 of 6 Ordinance No. 1998,Design Review Board Ditties provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 6 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 7 Codification. This Ordinance shall be codified as indicated in Section 2. Section 8 Effective Date. This ordinance shall be in full force and effect 30 days after final passage. Page 5 of 6 Ordinance No. 1998,Design Review Board Duties PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 9th day of April, 2018. OCYN . ANDRUS / Mayor ATTEST: 0�.B OZ�' C RO IN CROUGH City Clerk Wit'. 1�83 .• Sc�`, • �TIN CO•��O' FINALLY PASSED,ADOPTED,AND APPROVED by the City Commission of the City of Bozeman,Montana on second reading at a regular session xher o on the 23rd day of April, 2018. CYNTHI DRUS May ATTEST: •OF. B 0-1>1 ROBIN CROUGH = City Clerk � 1883 • �f • t CO. scC AP VE AS ORM: G ULLIVAN City Attorney Page 6 of 6