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HomeMy WebLinkAboutOrdinance 2014 - DRAFT 4-10-19 Page 1 of 21 ORDINANCE NO. 2014 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING MULTIPLE SECTIONS OF CHAPTER 38 OF THE BOZEMAN MUNICIPAL CODE TO REVISE AND IMPROVE TEXT CLARITY AND FUNCTION. MORE SPECIFICALLY, REVISE 38.220.420 TO CORRECT SUP NOTICE REQUIREMENTS; REVISE TABLE 38.320.030.A – MINIMUM AND MAXIMUM LOT AREAS AND FOOTNOTES; REVISE TABLE 38.320.050 TO INCLUDE MINIMUM FLOOR TO CEILING HEIGHT; REVISE 38.340.040.A TO EXPRESSLY ALLOW FLUSH MOUNTED SOLAR PANELS; REVISE SECTION 38.350.050.A TO ALLOW GREATER PORCH ENCROACHMENT; CLARIFY SECTION 38.350.050.B TO ALLOW ZERO LOT LINE SITUATIONS FOR ACCESSORY STRUCTURES; REVISE SECTION 38.360.030.G TO EXEMPT SETBACK REQUIREMENT FOR ZERO LOT LINE SITUATIONS; REVISE SECTION 38.360.030.B TO CLARIFY LANGUAGE TO PROHIBIT ACCESSORY STRUCTURES IN FRONT OF THE PRIMARY BUILDINGS; REVISE SECTION 38.360.040 SUPPLEMENTAL USE PROVISION FOR ACCESSORY DWELLING UNITS; REVISE SECTION 38.360.210.B TO CLARIFY BUILDING ENTRANCES MUST FACE THE STREET; REVISE TABLE 38.510.030.C TO CLARIFY APPLICABILITY; REVISE TABLE 38.510.030.C BUILDING PLACEMENT; ADD COMMERCIAL OPEN SPACE IN THE HEADING FOR SECTION 38.520.060; REVISE SECTION 38.540.020 TO CORRECT CONFLICTING STANDARDS FOR PEDESTRIAN FACILITIES; REVISE SECTION 38.540.030.A PARKING STRUCTURE DESIGN STANDARDS; EDIT SECTION 38.540.050.A TO REMOVE ADA LANGUAGE; ADD SECTION 38.540.050.A.5 BICYCLE PARKING STANDARDS; AND REVISE SECTION 38.700.180 DEFINITION OF TOWNHOUSE AND TOWNHOUSE CLUSTER. WHEREAS, The City of Bozeman (the “City”) is authorized by the City Charter and Montana law to promote public health, safety and welfare and otherwise execute the purposes of Section 76-1-102, MCA and the City Charter; and WHEREAS, The City has had land development regulations since at least 1934 and has amended them from time to time to respond to changes in state law, legal decisions, and changing community needs; and Ordinance No. 2014 Page 2 of 21 WHEREAS, The City is authorized by the Section 4.04 of the City Charter and Montana law to adopt zoning, subdivision, and other land use regulations and provide for the enforcement and administration of such regulations and otherwise reasonably provide for the orderly development of the community; and WHEREAS, during public hearing on October 22, 2018 the City Commission requested staff prepare various text amendments to be noticed and brought back to the Zoning Commission and City Commission for consideration; and WHEREAS, the Bozeman Zoning Commission held a noticed public hearing on _____, ___, 2019. The Bozeman Zoning Commission voted ______ to recommended adoption of proposed amendments included in this Ordinance; and WHEREAS, the Bozeman City Commission incorporates findings presented by the Department of Community Development in its written staff report and all oral findings made during the public hearing on May 6, 2019 into this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That table 38.220.420, Notice requirements for application processing, BMC be amended as follows: Preliminary site plan and master site plan, or special use permit. … Section 2 That Table 38.320.030.A of the BMC, Minimum and maximum lot area, be amended as follows: Table 38.320.030.A – Minimum and maximum lot area Table clarification: 1. Where a code reference or link appears after the form and intensity topic, the use is subject to standards set forth in that section or chapter. Ordinance No. 2014 Page 3 of 21 2. If a number appears in the box, refer to the development condition with the corresponding number immediately following the table. If there are multiple numbers, then all development conditions apply. Use type/standard Zoning district R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Minimum lot area per dwelling (square feet)1 (38.320.020.A) Single-household dwelling 5,0001 4,0001 5,0001 4,0001 5,0001 4,0001 4,00012 5,0001 4,00012 5,0001 3,0001 4,0001 3,0001 Single-household dwelling (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) 2,700 2,700 2,700 2,700 2,700 2,700 2,700 2,700 Two-household dwellings - - 6,000 5,0001 5,00012 6,000 5,00012 6,000 5,000 6,000 - Two household dwellings (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) - - 2,500 2,500 2,500 2,500 2,500 - Lot area per dwelling in three- or four-household dwelling configurations - - - 3,000 3,000 None 3,000 - Lot area per dwelling in three- or four-household dwelling configurations - - - 2,500 2,500 None 2,500 - Ordinance No. 2014 Page 4 of 21 Use type/standard Zoning district R-S R-1 R-2 R-3 R-4 R-5 R-O RMH (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) Townhouses & rowhouses - - 3,0003 3,0004 3,0004 None 3,0004 - Townhouses & rowhouses (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) 2,5004 2,5004 2,5004 2,5004 2,5004 None 2,5004 2,500 Apartments - first dwelling - - - - 5,000 None 5,000 - Apartments - each dwelling after the first - - - - 1,200 None 1,200 - Apartments - each dwelling after the first (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) - - - - 900 None 900 - Additional area required for an accessory dwelling unit 1,0005 1,000 1,000 1,000 1,000 None 1,000 - All other uses 5,0001 5,0001 5,0001 5,0001 5,0001 None 5,0001 5,0001 Ordinance No. 2014 Page 5 of 21 Use type/standard Zoning district R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Maximum lot area (net acres) (38.320.020.A) Residential use - - - 2.56 2.56 2.56 2.56 - Notes: 1. In order to comply with the standards contained in this chapter, lot area in excess of the required minimum may be needed (for corner lots, parking, landscaping or large residential structures, for example), and may be necessary for property adjacent to watercourses, ridgelines, or other environmental features in order to provide an appropriate buildable area on the lot. 2. When the lot is adjacent to an alley and vehicle access is taken only from that alley. 3 2. Per townhouse lot or rowhouse dwelling. 4 3. For townhouse or rowhouse clusters, the lot area per dwelling may be averaged within the cluster. 5 4. Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet. 6 5. Departures from the maximum lot size requirements may be allowed where the planned development fits into the context of the neighborhood and proposed pedestrian and vehicular circulation measures meet community objectives. … Section 3 4 That table 38.320.050. Form and intensity Standards - Non-residential and Other Mixed-Use Districts, BMC shall be amended as follows: Table 38.320.050 Table of Form and Intensity Standards— Non-Residential and Other Mixed-Use Districts Table clarification: 1. Where a code reference or link appears after the form and intensity topic, the use is subject to standards set forth in that section or chapter. 2 If a number appears in the box, refer to the development condition with the corresponding Ordinance No. 2014 Page 6 of 21 number immediately following the table. If there are multiple numbers, then all development conditions apply. Standard Zones Commercial Zoning Districts UMU Industrial Zoning Districts PLI NEHMU B-1 B-2 B-2M B-3 BP M-1 M-2 Lot and floor area standards Minimum lot area (square feet) (38.320.020.A) 5,000 — - - — 43,560 7,500 — — 5,000 1 Minimum lot width (feet) (38.320.020.A) 50 100 — — — 150 75 100 — 50 2 Maximum lot coverage (38.320.020.C) 100% 3 100% 100% 100% 100% 4 60% 100% 100% - 40%— 100% 5 Minimum floor area ratio (38.320.020.C) — — — — 0.50 — — — — — Building height standards (feet) (38.320.020.E) Minimum building height — — — — 22 6 — — — — — Maximum building height Variable 8 55/70 9 55 10 45 45 — 45 Ordinance No. 2014 Page 7 of 21 Minimum floor to ceiling height 13 13 13 13 13 — — — — — Roof pitch < 3:12 34 38 7 38 7 Roof pitch 3:12 or > 38 44 7 44 7 Minimum setback (feet) (38.320.020.F) Front Setback Front setback provisions are set forth in the block frontage standards in division 38.510. 25 11,17 20 11 20 11 0 12 20 11 Setback to an individual garage oriented to the street — 20 20 20 — — — — — 20 Rear Setback 10 10 10 13 0 15 0 20 17 3 3 0 12 3 Side Setback 5 14 5 14 5 14 0 15 0 15 17, 14 3 14 3 14 0 12 3 Side or Rear Setback Adjacent to Alley 5 5 5 5 5 5 5 5 5 Parking & loading areas (feet) Note 15 Note 15 Front Setback Note 11 Note 11 Note 11 Note 11 Note 11 Note 11 Note 11 Note 11 Rear Setback 10 16 10 16 5 16 0 17 - — — Ordinance No. 2014 Page 8 of 21 Side Setback 8 16 8 16 5 16 0 17 - - - Garages and special parking standards Residential Garages — Note 18 Note 18 Note 18 — — — — — Note 18 Special Parking Standards Note 19, 20 Note 19, 20 Note 19, 20 Note 20 Note 19, 20 Note 20 Note 19,20 Note 19,20 Note 20 Notes: 1. The lot area must provide all required setback areas and off-street parking and loading. Lot area per dwelling must not be less than 5,000 square feet per detached single-household dwelling and 3,000 square feet per attached dwelling. Lot area per each dwelling used to satisfy the requirements of division 38.380 must not be less than 3,000 2,700 square feet per detached single-household dwelling and 2,500 square feet per attached dwelling. 2. No lot width must be less than 50 feet except lot width for townhomes and lots or dwellings satisfying the requirements of division 38.380, which may not be less than 30 feet. 3. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 4. In the UMU district, the footprint of individual buildings must not exceed 45,000 square feet. 5. The maximum lot coverage must be 40 percent for principally residential uses or 100 percent for principally non-residential uses. 6. Buildings within a development or each phase of a multi-phased development must have varying heights achieved through the use of multiple stories. 7. B-2 height exceptions: a. Maximum height may be increased by up to a maximum of 50 percent when the zoning district is implementing a regional commercial and services growth policy land use designation. b. Maximum height otherwise cumulatively allowed by this section may be increased by 30 percent through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. 8. B-2M height limits: Ordinance No. 2014 Page 9 of 21 a. For buildings designed for non-residential or mixed-use: Five stories or 60 feet (whichever is less), provided the top floor of five-story buildings within 30 feet of the front property line feature has a stepback of at least ten feet from the front face of the building. 9. Maximum building height in the B-3 district must be 55 feet in the district core area and 70 feet outside of the core area. 10. Maximum building height may be increased by up to but not more than an additional 25 feet when structured parking is provided per section 38.330.040.E.2, and when determined to be in compliance with the review criteria of section 38.230.100. 11. Front setback provisions are set forth in the block frontage standards in division 38.510 and in section 38.350.070. 12. In the PLI district, there is no setback requirement except when a lot is adjacent to another district. The setbacks then must be the same as those in the adjacent district. The setback requirements of RS must be interpreted as those of R-1. 13. The minimum rear setback is five feet for accessory buildings. 14. Zero lot lines are allowed per section 38.350.050.B. 15. All vehicle entrances into garages must be no closer than 20 feet to a property line, unless explicitly authorized otherwise under this chapter. 16. Side and rear setbacks for parking may be allowed to be zero feet when coordinated parking arrangements between adjacent properties are provided. 17. Rear and side setbacks adjacent to alleys must be at least five feet. 18. Garage location standards: for single to four-household uses, see section 38.350.070. 19. This chapter provides opportunities for parking requirements to be met by shared and off-site parking as allowed by division 38.540 of this chapter. 20. Non-residential and multi-household developments are subject to the block frontage standards of division 38.510. … Section 4 That a new subsection a new subsection 38.340.040.A.1.a(5). Certificate of appropriateness, BMC shall be added as follows: A.1.a(5) Photovoltaic panels which are flush mounted to a roof. … Section 5 Ordinance No. 2014 Page 10 of 21 That 38.350.050.A, setback and height encroachments, limitations and exceptions, BMC shall be amended as follows: A. Permitted encroachments into setbacks. The following are permitted encroachments into required setbacks, subject to any and all applicable International Building Code requirements and/or utility easements: 1. Architectural features which do not add usable area to a structure, such as chimneys, wing walls, 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 setback; 2. Architectural features, which do not add usable area to a structure, such as chimneys, wing walls, sills, pilasters, lintels, cornices, awnings, window wells and steps, provided such architectural features do not extend more than two feet into any required side setback, except that eaves and gutters may extend two and one-half feet into any required side setback; 3. Terraces and patios, uncovered decks and stoops or similar features, provided that such features do 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 setback or two feet into any required side setback; 4. Porches and entries on residential structures, except multi-household developments featuring more than four attached dwelling units, may project up to five feet into the front setback area except where front setback utility easements prevent such projects; 4. Porches and covered entries in the R-5 district may project up to six feet into the front setback area except where front setback utility easements prevent such projections; 5. Fire escapes may be permitted in required side or rear setbacks only; 6. Wheelchair ramps may encroach into any required setback, but must not be located closer than three feet from any property line; 7. Flagpoles, ornamental features, trees, shrubs, walkways, and nameplate signs may be located within a required setback. Street vision triangle requirements apply; and 8. Essential services Type I and Type II may be located within a required setback when they are within a utility easement. … Section 6 That Section 38.350.050.B, Setback and height encroachments, limitations and exceptions, BMC, shall be amended as follows: Ordinance No. 2014 Page 11 of 21 B. Zero lot line conditions. In districts where zero side setbacks are not otherwise allowed, where an individual owns two or more adjoining lots, or where the owners of two or more adjoining lots make legal written agreement recorded at the county clerk and recorder, a zero lot line concept may be used for commercial, or single-household dwelling unit developments, or detached accessory structures. In residential districts this may result in the creation of a two-household residential structure, only in districts permitting such a structure, or the creation of townhouse clusters in districts permitting such structures. In all such cases in residential districts, a minimum eight-foot side setback must be maintained adjacent to the exterior side, or nonzero lot line side, of the structure. … Section 7 That Section 38.360.030, accessory buildings, uses and equipment, BMC, shall be amended as follows: A. An accessory building is an integral part of the principal building if it is connected to the principal building by a common wall for not less than five feet horizontally and eight feet vertically. B. Accessory buildings, uses or equipment may not be stored or constructed between the front lot line and required front façade of the building line. On a corner lot with two streets, the accessory building must be placed behind both front façades of the primary structure. For lots with three (3) or more frontages, alternate locations may be allowed. The review authority shall consider the predominant placement of accessory structures in the site vicinity, the consistency of the proposal with the established and/or desired character of the surrounding area, and the visual impact of the structure given its proposed placement. C. Accessory buildings and garages may not be located within a utility easement without written approval of the easement holder. D. Accessory buildings in any business or industrial district may be located only to the rear of the front line of the principal building. E. No accessory building may exceed the footprint of the principal building unless such accessory building has been otherwise approved per this chapter. F. Accessory buildings with less than five feet separation between walls or with any connecting elements will be considered a single structure for determination of maximum size allowed. G. Accessory building height and setback limitations in residential zoning districts Ordinance No. 2014 Page 12 of 21 1. Accessory buildings may not exceed the height of the principal building unless such accessory building has been otherwise approved per this chapter; and 2. From a height of 15 feet at the minimum side setback as set forth in division 38.320, buildings must step back at a 45 degree angle away from the side property line as shown in figure 38.360.030.G below, except zero lot line situations meeting the standards of section 38.350.050.B: … Section 8 That Section 38.360.040, accessory dwelling units (ADU), BMC, shall be repealed and replaced with the following: Table 38.360.040.A ADU use table in residential zoning districts Table clarifications: 1. Uses: P = Permitted; S = Special uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Zoning districts R-S R-1 R-2 R-3 R-4 R-5 RMH REMU Detached ADU2 & 3 S S P P P P -- P Attached ADU2, 3 & 4 P P P P P P -- P Owner occupied Yes1 Yes1 Not required Not required Not required Not required -- Not required The following ADU standards apply to all zoning districts: Occupancy limit 2 persons Deviations No # of ADU per lot One Ordinance No. 2014 Page 13 of 21 Location ADU’s are permitted above accessory buildings and on the ground floor. Ground floor ADUs require alley access. Parking requirement In addition to the parking required for the principal residence, one paved off-street parking space is required for the exclusive use of the ADU. The parking provided must be located on the lot and may not utilize the on-street parking provisions of division 38.540 of this chapter. Unit size In no case may an ADU be larger than 600 square feet or have more than a single bedroom. The method of calculating the maximum ADU square footage will be "living area" defined as "all floor area exclusive of areas with a sloped ceiling less than three feet in height, stairwells, and exterior decks." Bedrooms, living rooms, kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living space must be included in the maximum square footage calculation. Design requirements Detached ADUs, including second story additions on detached garages may be approved only if found compatible and consistent with the existing character and fabric of the neighborhood. The review authority must consider placement and size of windows, decks, balconies, fencing, landscape screening, and height and massing of the structure to minimize impacts to adjacent properties. Height limit Notwithstanding the limitations in 38.360.030.G, a detached ADU may exceed the height of the principal building but may not exceed 22 feet in height. Garage conversions Garages may not be converted for use as ADUs unless all required parking for all uses on the lot is otherwise provided prior to conversion. However, ADUs may be placed above garages except where otherwise noted. Minimum standards or “no guarantee” A permit for an ADU will not be granted unless the lot has been configured to accept an ADU with adequate lot area, utility services, and compliance with setbacks and height standards. Notes: 1. R-S and R-1 occupancy. The detached dwelling unit within which the ADU is located, or the ADU itself, is actually and physically occupied as a principal residence by at least one owner of record who possesses at least an estate for life or a 50 percent fee simple ownership interest. No more than one of the dwellings, either the principal dwelling or the accessory dwelling, may be rented by non-owners at the same time. The city may require a guarantee of compliance with the requirements of this section, including but not Ordinance No. 2014 Page 14 of 21 limited to a binding deed restriction or covenant enforcing the single rental restriction as allowed in section 38.270.080.B, as a condition of approval. 2. Any ADU created within an accessory building is subject to the limitations of section 38.360.030. 3. An accessory dwelling unit may not be approved on a reduced size lot created to meet the minimum affordable housing requirements of chapter 38, division 380. 4. Location. The ADU accessory dwelling unit may be a part of the principal dwelling unit, provided the ADU is clearly incidental to the principal dwelling unit and meets all of the following criteria: a) Lot area per Table 38.320.030 is provided. b) The ADU does not exceed one-third of the total area of the principal structure. c) If the entrance for the ADU is separate from the entrance of the principal structure, the entrance must be on a façade different than that of the main entry. … Section 9 That Section 38.360.210.B, Single, two, three, and four-household dwellings, BMC, shall be amended as follows: B. Entries. 1. Clear and obvious pedestrian access between the sidewalk and the a building entry that faces the street is required for new dwellings (the driveway may be used to help meet this requirement). 2. All new dwellings must provide a covered pedestrian entry with minimum weather protection of three feet by three feet. … Section 10 That the header to section 38.520.060. On-site residential open space, BMC, shall be amended as follows: Sec. 38.520.060. – On-site residential and commercial open space. … Section 11 That section 38.540.020.L. Stall, aisle and driveway design, BMC, shall be amended as follows: Ordinance No. 2014 Page 15 of 21 L. Pedestrian facilities in parking lots. Concrete sidewalks a minimum of three five feet in width must be provided between any existing or proposed building and adjacent parking lot. Where sidewalk curbs serve as wheel stops, an additional two feet of sidewalk width is required. … Section 12 That section 38.540.030 structured parking facility development standards, BMC, shall be amended as follows (section 38.540.030 to be relocated to 38.510.030.M. Following sections to be renumbered): A. All above ground structured parking facilities must conform to chapters 1 through 4 of the design objectives plan established pursuant to division 38.340 the design standards herein and the designated block frontage in section 38.510.030. In the event of a conflict between the design objectives plan block frontage standards and the standards of this section, the standards of this section will govern. Exceptions: 1. Single-household dwellings and individual townhouse and multi-household units with physically separated individual drive aisles. Physical separation is provided when at least one of these options are provided: Individual garage doors for each interior parking space; a vegetated planter not less than four feet in width between the parking spaces in the driveway area; or a wall not less than four feet in height and length, is provided between the parking area in the driveway and dividing the garage entrance; and 2. For development in the R-5 and B-2M districts, the applicable structured parking provisions in division 38.500 (Block Frontage Standards) take precedence over any conflicting provisions of division 38.340 or related standards in this section. B. Building standards. 1. Intent: To promote an active and diverse streetscape, parking structures should be located behind buildings in the interior of blocks or below grade. Parking garages that front streets must line the parking garage at the street level with an active use. a. Street designs accommodate on street parking and pedestrian mobility. Parking lots and garages rarely front the streets, and are typically relegated to the rear of the lot and the center of blocks. b. Parking garages should be located in the interior of blocks. Parking garages that front onto streets must provide a lining of retail, office, or residential use at the street level along the entire street frontage. Parking garages that provide this lining of retail, office, or residential use at the street level are classified as mixed-use buildings. Ordinance No. 2014 Page 16 of 21 2. In all districts, all commercial floor space wrapping must provide a minimum 20 foot depth of habitable and conditioned space. 3. In all districts, commercial space depth will be considered where the applicant can successfully demonstrate the proposed alternative design and configuration of the space is viable for a variety of permitted commercial uses. 4. In all districts, residential active use areas must be 12’ in depth, except for riser room, trash areas and other functional uses that must face the street. 2.5. In all districts, all commercial floor space wrapping a parking structure on the ground floor must have a minimum floor-to-ceiling height of 13 feet. 3.6. Structured parking facilities must provide transparency along at least 50 percent of the linear length of the building's façade. This may be achieved with windows, displays, building lobbies, building entrances, display windows, or windows affording views into retail, office, or lobby spaces the building. This requirement applies to both frontages of a building located on a corner lot. a. The bottom edge of any window or product display window used to satisfy the transparency standard of this subsection B.3 may not be more than four feet above the adjacent sidewalk. b. Product display windows used to satisfy these requirements must have a minimum height of four feet and be internally lighted. 4.7. Street-level openings on parking structures must be limited to those necessary for retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator lobbies. Parking structures adjacent to streets must have architectural detailing such as, but not limited to, standard size masonry units such as brick, divided openings to give the appearance of windows, and other techniques to provide an interesting and human-scaled appearance on the story adjacent to the sidewalk. 5.8. Buildings must be articulated with modules, architectural detailing, individual floors visually expressed in the façade, and rhythm and pattern of openings and surfaces must be human-scale. 6.9. Buildings must be oriented to the adjacent public or private street. 9 10. If alley is adjacent to site, access must be taken from that alley, no access to street is permitted. 10. Parking entrance may not account for more than 25% of entire building façade. 11. Parking area entrances must not be located central to the building façade. … Ordinance No. 2014 Page 17 of 21 Section 13 That section 38.540.050.A.1.a. Number of parking spaces required, BMC, shall be amended as follows: A.1.a. Minimum requirements. The number of spaces shown in Table 38.540.050-1 must be provided subject to the adjustments allowed in this subsection 1. The number of disabled Parking stalls required pursuant to the Americans with Disabilities Act or other similar federal or state law as required by Table 38.540.050-6 may be provided from the minimum number of required parking stalls. All site plans submitted for permit purposes must identify parking space allocations. Fees may be charged by the landowner for the use of required parking spaces. Revise and amend section 38.540.050.A.4. Number of parking spaces required and bicycle parking standards, BMC, shall be amended as follows: A.4. Bicycle parking required. All site development, exclusive of those qualifying for sketch plan review per division 38.230 of this chapter, must provide bicycle parking facilities to accommodate bicycle-riding residents and/or employees and customers of the proposed development. The number of bicycle parking spaces must be at least ten percent of the number of automobile parking stalls required by Tables 38.540.050-1 and 38.540.050-3 before the use of any special exception or modification, but must in no case be less than two. b a. Required bicycle parking must be provided in a safe, accessible and convenient location. Directional signage must be installed when bicycle parking facilities are not readily visible from the street, sidewalk, or main building entrance. Installation of bicycle parking must allow for adequate clearance for bicycles and their riders. a. Bicycle parking facilities must comply with standards in the city's long range transportation plan. b a. Required bicycle parking must be provided in a safe, accessible and convenient location. Directional signage must be installed when bicycle parking facilities are not readily visible from the street, sidewalk, or main building entrance. Installation of bicycle parking must allow for adequate clearance for bicycles and their riders. c b. Bicycle parking may be provided in a common area to serve multiple buildings. The common area must be within 100 feet of each served building. d c. Covered bicycle parking is encouraged. Ordinance No. 2014 Page 18 of 21 e d. Bicycle parking is permitted in required front or rear setbacks. Covered parking may be integrated with required weather protection features. Alternate designs will be considered by the review authority provided the alternate design meets or exceeds the intent of this standard 5. Bicycle parking standards. The intent of this sub section is to ensure required bicycle racks are designed so bicycles may be securely locked to them without undue inconvenience and will be reasonably safeguarded from accidental damage. a. Bicycle racks must hold bicycles securely, and meet the following criteria: 1) Support the frame of the bicycle and not just one wheel. 2) Allow the frame and one wheel to be locked to the rack when both wheels are left on the bike. 3) Allow the frame and both wheels to be locked to the rack if the front wheel is removed. 4) Allow the use of either a cable or U-shaped lock. 5) Be permanently anchored to an all season surface such as pavement, patio stones, or other similar surface, and be located such that it will not become buried by snow removal operations. 6) Be usable by bikes with no kickstand. 7) Be usable by bikes with water bottle cages. 8) Be usable by a wide variety of sizes and types of bicycle. b. Preferred bike rack styles are inverted U, coat hanger, or post and loop racks. Other styles which meet the standards above are acceptable, including enclosed bicycle lockers. Comb and wave style racks do not meet the required standard. c. Bicycle parking location: 1) Bicycle parking must be located within 50 feet on an entrance to the building the bicycle parking is required to serve. 2) Covered bicycle parking is recommended wherever possible. 3) Bicycle parking may be provided within a building, but the location must be easily accessible. 4) Up to 50 percent or 12 spaces, whichever is less, of require bicycle parking may be located in a required setback(s), Parking area may not interfere with any functional aspect of the site including stormwater facilities, pedestrian circulation, landscaping requirements, etc. 5) Screening with landscaping or other means of bicycle parking is not required. 6) Bicycle parking is not permitted within a public street ROW unless prior written authorization is granted by the City Engineer for a perpetual encroachment easement. Ordinance No. 2014 Page 19 of 21 7) Bicycle parking may be located in required front setbacks, but may not occupy more than one-quarter of the total area of a required front setback on an individual street frontage. Departures will be considered (per section 38.250.060) for covered bicycle parking or exceptional design. 8) Bicycle racks and the area required for parking and maneuvering must meet the following standards. a) Bicycle parking spaces must be at least 6 feet long and 2 feet wide, and in b) Covered situations the overhead clearance must be at least 7 feet. c) An aisle for bicycle maneuvering must be provided and maintained beside or between each row of bicycle parking. This aisle must be at least 5 feet wide. d) Each required bicycle parking space must be accessible without moving another bicycle. e) Areas set aside for bicycle parking must be clearly marked and reserved for bicycle parking only. … Section 14 That section 38.700.180, BMC, defining townhouse and townhouse cluster shall be amended as follows with the remainder of the section to remain as is: Townhouse. A dwelling unit, located on its own lot, that which shares one or more common or abutting walls with each wall having no doors, windows or other provisions for human passage or visibility with one or more any other dwelling units, each located on its own lot. A townhouse does not share common floors/ceilings with other dwelling units. Each of the attached dwelling units must have: (a) independent water and sewer service lines and metering pursuant to the applicable plumbing code and all other city regulations; (b) individual services for all private utilities, and (c) a 2 hour fire separation separating the dwelling unit from any adjoining dwelling units. Townhouse cluster. A building consisting of three or more non-communicating, attached one- household dwelling units, each meeting the definition of a townhouse, placed side-by-side and/or back-to-back, with no unit located over another, and having a common wall between each two adjacent dwelling units. Ordinance No. 2014 Page 20 of 21 Section 16 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 17 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 provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 18 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 19 Codification. This Ordinance shall be codified as indicated in Sections 2 through 15. Section 20 Effective Date. This ordinance shall be in full force and effect 30 days after final passage and approval. Ordinance No. 2014 Page 21 of 21 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _______ day of ___________, 2019. ________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ ROBIN CROUGH City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ______ day of ___________, 2019. The effective date of this ordinance is ___________, _____, 2019. ________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney