HomeMy WebLinkAbout05-06-19 City Commission Packet Materials - A2. Ord 2014 and 2019 Prov, UDC Text Amendments and Block Frontage StandardsPage 1 of 19
18559, Staff Report for the UDC 1 Year Follow-up Zone Text Amendments
Public Hearing Dates: Design Review Board, April 10, 2019
Zoning Commission, April 16, 2019
City Commission, May 6, 2019
Project Description: Zone text amendments to adjust development standards, improve
clarity of the text, add bicycle parking standards, and clarify building placement
standards for multiple frontage situations.
Project Location: These amendments apply to the entire City and all zoning districts as
detailed in the text.
Recommendation: Approval
Zoning Commission 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 18559 and move to recommend that the
City commission adopt Ordinance 2014 zone text amendment.
Zoning Commission 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 18559 and move to recommend that the
City commission adopt Ordinance 2019 zone text amendment.
City Commission Recommended Motion: Having reviewed and considered the application
materials, public comment, Zoning Commission recommendation, and all the
information presented, I hereby adopt the findings presented in the staff report for
application 18559 and move to provisionally adopt Ordinance 2014.
City Commission Recommended Motion: Having reviewed and considered the application
materials, public comment, Zoning Commission recommendation, and all the
information presented, I hereby adopt the findings presented in the staff report for
application 18559 and move to provisionally adopt Ordinance 2019.
Report Date: March 26, 2019
Staff Contacts: Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Agenda Item Type: Action – Legislative
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Project Summary ................................................................................................................. 2
Unresolved Issues ............................................................................................................... 5
Design Review Board Review ............................................................................................ 5
Zoning Commission Recommendation............................................................................... 6
City Commission Alternatives ............................................................................................ 7
SECTION 1 - MAP SERIES .................................................................................................... 8
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
SECTION 3 - STAFF ANALYSIS AND FINDINGS ............................................................. 9
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 9
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 12
APPENDIX A - PROJECT BACKGROUND ....................................................................... 13
APPENDIX B – CORRELATION ......................................................................................... 14
APPENDIX C - NOTICING AND PUBLIC COMMENT .................................................... 18
APPENDIX D - APPLICANT INFORMATION AND REVIEWING STAFF .................... 18
FISCAL EFFECTS ................................................................................................................. 19
ATTACHMENTS ................................................................................................................... 19
EXECUTIVE SUMMARY
Project Summary
The City of Bozeman generally updated Chapter 38 of the Bozeman Municipal Code with
adoption in January 2018. The revised development code became effective on March 31,
2018. Based on a year of experience of applying the code, a number of improvements and
revisions have been identified as necessary to achieve the desired outcome, correct
omissions, and continue evolving the code as directed by the City Commission. On October
22, 2018, staff presented numerous suggested code amendments and additional larger policy
questions for future code amendments. Based on the direction provided by the Commission
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and staff identified edits Ordinance 2014 and 2019 were prepared to meet the demands of the
known corrections, additions, and improvements.
Two ordinances (2014 and 2019) were created for consideration to facilitate review and
possible adoption. Ordinance No. 2014 generally includes those specific changes detailed in
the October 22, 2018 Commission memo. Ordinance No. 2019 includes revisions to block
frontage standards for buildings facing multiple streets and other modifications generally
related to the subject matter. Not all policy items listed in the October 22, 2018 memo are
addressed with these two ordinances. Items not included require additional review to ensure
the desired outcome is achieved and a more rapid completion of the Ord. 2014 and Ord. 2019
amendments are deemed important for the ongoing function of the Department and reducing
effort in the review process.
The reasoning behind creating two ordinances for consideration are three fold. First, timing.
The edits in Ordinance 2014 ought to be in effect as soon as possible for efficient use of
resources and clarity in the development community. Secondly, through administrative
interpretation staff can continue processing applications related to items not included in
Ordinance 2019. Finally, simplicity. Separating the content into two medium sized
ordinances is more digestible and people will be better able to understand the changes and
focus questions.
Ordinance No. 2014 Summary
Section 1: Match notice provision application to review criteria and remove
duplication.
Section 2: Make lot size requirements consistent across districts for single household
and two household configurations and remove reference to alleys.
Section 3: Revise footnote in form and intensity standards for non-residential
districts. References, lot width, and B-1 building footprint size limitation.
Section 4: Explicit exemption from Certificate of Appropriateness review for
photovoltaic (solar) panels.
Section 5: Revise allowed porch and entries encroachments into setbacks.
Section 6: Revise zero lot line provisions to make explicit that detached accessory
buildings are also subject to this provision.
Section 7: Revise standards for accessory buildings and structures and how they are
placed in relationship to the principal building on a site.
Section 8: Rearrange and clarify standards for Accessory Dwelling Units. Group
standards applicable across all districts and standards by district.
Section 9: Clarify meaning of requirement for building entries for one through four
home buildings.
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Section 10: Clarify applicability of open space requirement by rewording title of the
section.
Section 11: Correct error in sidewalk width requirement in parking lots to change
from 3 to 5 foot width.
Section 12: Revise standards for structured parking requirements to remove standards
in parking text that duplicate standards addressing the same subject that are located in
building design requirements. Relocate text to building design portion of UDC.
Section 13: Remove reference to a table that no longer is in the UDC and replace with
reference to governing document.
Section 14: Insert bicycle parking standards previously located in the Transportation
Master Plan.
Section 15: Definition of Townhouse and Townhouse cluster to make clear the
associated standards from building code and public works necessary for the home to
operate.
Ordinance No. 2014 Summary
Section 1: Change the review process for on-premise consumption of alcohol in the
B2-M district to be a Special Use Permit.
Section 2: Reduce by 10 feet the lot width requirement in residential districts for
Accessory Dwelling Units (ADU) and address ADUs on lots with townhomes.
Section 3: Revise wording regarding block frontage standards to consolidate
locations, make wording match application of the principles of block frontage, and
explicitly reference the framework map.
Section 4: Revise community design framework map text to address the combinations
of number of street and other adjacencies a lot may have and prioritization among
block frontage standards. Including:
Block frontage introduction and explanation.
Create an order of precedence for building placement in multiple street frontage
situations and building entrances.
Set priorities for building location on a lot.
Specify standards for entrances to buildings.
Section 5 – Lessen and clarify restriction on use on ground floor of storefront design
standards to be all commercial uses.
Section 6 – Remove standard for building placement that may conflict with individual
zoning districts and clarify application of parking location standards.
Section 7 – Delete current multiple street frontage situations language. This language
is being replaced with the 38.510.020.F. 9, (see section 4 in Ordinance No. 2019).
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Section 8 – Establish specific process for determining when and how to calculate
required open spaces for mixed use buildings.
Ordinance 2014, section 12, structured parking development standards, references the terms
“habitable space" and "conditioned space". Chapter 38, BMC does not explicitly define these
terms. However, both terms are defined by the International Code Council (ICC) and
International Building Codes (IBC). Section 38.700.010, details definition of terms and
interpretation of language. According to the ICC these terms are defined as:
Habitable space – A space in a building for living, sleeping, eating, or cooking. Bathrooms,
toilet rooms, closets, storage or utility spaces and similar areas are not considered habitable
spaces.
Conditioned space – An area, room or space that is enclosed within the building thermal
envelope and that is directly heated or cooled or that is indirectly heated or cooled. Spaces
are indirectly heated or cooled where they communicate through openings with conditions
spaces, where they are separated from conditioned spaces by uninsulated walls, floors or
ceilings, or where they contain uninsulated ducts, piping to other soured of heating or
cooling.
Based on comment and suggestions from the Design Review Board, Zoning Commission,
and public comment, staff improved two sections in Ordinance 2019. Specifically, section 4
and 8 relating to open space requirements for large developments and how to determine
building(s) location with multiple frontage situations.
Other suggested changes address concern about direct access to streets from parking
structures. Staff has included changes to Ordinance 2014, section 1, Building standard
subsection 10.
Unresolved Issues
None identified at this time.
Bozeman Area Bicycle Advisory Board
The Bozeman Area Bicycle Advisory Board considered the proposed text edits under section
13 of Ordinance No. 2014 on Wednesday, January 2, 2019. The Board was supportive of the
proposed modifications and additions and recommend that the City Commission adopt the
standards.
Design Review Board Review
The Bozeman Design Review Board considered the proposed text edits on Wednesday, April
10, 2019. A summary memo is attached to this report. The DRB did not make a formal
recommendation by a motion and vote. The full meeting video can be viewed here:
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https://media.avcaptureall.com/session.html?sessionid=a5062549-8736-4d66-b580-
2ad8babc2a22&prefilter=654,3835
Zoning Commission Recommendation
The City of Bozeman Zoning Commission held a public hearing on April 16, 2019. A written comment was received and provided to the Zoning Commission. Based on the full recording
of the proceedings staff provides the following summary for Ordinance No. 2014 and 2019.
2014 comments
The Zoning Commission considered the staff report, staff presentation summarizing the content of Ordinance No. 2014 and public comment. Based on the information provided the
Zoning Commission made comments on the following items.
The Zoning Commission stated that staff will respond to public comment and
continue to refine text through review and possible adoption process.
The Zoning Commission expressed concern the proposed amendment under section 12, number 10, requiring access from an alley, if present and suggested this language
be revised to allow more flexibility while insuring public safety.
Terms must be generally understood by the laypersons and “English-ify” those that
are not and/or provide image to describe the standard and intent. Specifically, define the terms “habitable” and “conditioned” space. See staff provided definitions above in this report.
In conclusion the Commission voted unanimously (3:0) to approve the both the amendments
described above and to forward a recommendation that the City Commission adopt the proposed text amendments.
2019 comments
The Zoning Commission considered the staff report, staff presentation summarizing the
content of Ordinance No. 2019 and public comment. Based on the information provided the Zoning Commission made comments on the following items.
There is Commission support for the public comments received
Amend to direct staff to consider and address the general readability of section 4 of
Ordinance 2019 as suggested by the public. The Zoning Commission noted that staff
is meeting with Downtown Business Partnership to discuss this section.
Motion passed (3:0) unanimously.
Additional awareness that regulations may evolve to a technical level that additional
time and effort is need to fully comprehend and harmonize text in the greater context.
When feasible to encourage images to help the written language in the development
code
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In conclusion the Commission voted unanimously (3:0) to approve the both the amendments
described above and to forward a recommendation that the City Commission adopt the
proposed text amendments.
The full meeting video can be viewed here:
https://media.avcaptureall.com/session.html?sessionid=8b5b8044-d296-48e8-97cb-
ef9e6e1154a4&prefilter=654,3835
City Commission Alternatives
1) Adopt the ordinances as presented,
2) Direct revisions to the ordinance prior to adoption and request staff to respond with
proposed revision for consideration at a future hearing,
3) Do not adopt the ordinance, or
4) Request additional information and continue discussion on the ordinance.
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SECTION 1 - MAP SERIES
Zoning Map – Detailed map available at Community Development and on-line
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SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a municipal code text amendment, Staff
recommends approval as submitted.
The Bozeman Area Bicycle Advisory Board considered the proposed text edits under section
13 of Ordinance No. 2014 on Wednesday, January 2, 2019.
The Bozeman Design Review Board conducted a public meeting on the proposal
Wednesday, April 10, 2019 in the City Commission Room, City Hall, 121 N. Rouse Avenue,
Bozeman MT at 5:30 pm.
The Zoning Commission held a public hearing on these text amendments on April 16, 2019,
at 6 pm in the City Commission room located at 121 N. Rouse Avenue, Bozeman, Montana.
The City Commission will hold a public hearing on these text amendments on May 6, 2019
in the City Commission room located at 121 N. Rouse Avenue, Bozeman, Montana.
SECTION 3 - STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission shall consider the following criteria. An amendment is a legislative action;
therefore, the Commission has broad latitude to determine a policy direction. The burden of
proof that the application should be approved lies with the applicant. The criteria below
include separate findings for each text amendment where necessary.
In considering the following criteria, the analysis must show that the amendment
accomplishes zoning criteria A-D or is neutral. Zoning criteria E-K must be considered and
may be found to be affirmative, neutral, or negative. A favorable decision on the proposed
application must find that the application meets all of criteria A-D and that the positive
outcomes of the amendment outweigh negative outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The growth policy does not dictate uses or specific standards to the level of detail
contained in the ordinance. It does identify issues and priorities for consideration and does
contain goals and objectives that are desirable outcomes. There is no prioritization of one
goal or objective over another. In determining appropriateness of a particular zoning
ordinance, the Commission needs to find a balance that best advances the interests of the
community. It is inappropriate to maximize one item to the detriment of the remainder of the
goals and objectives of the document. The City adopted the current edition of the growth
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policy, the Bozeman Community Plan, in 2009. The Community Plan consists of 17 chapters
detailing community context, land use, community quality, arts and culture, economic
development to name a few. The text of Chapter 38 as amended is a balance of the various
goals and priorities in the Bozeman Community Plan and advances the plan overall.
All amendments relate to existing text, which have previously been found to support the
Growth Policy during the public hearings and Commission action on Ordinance 1978 and the
supplementary edits in Application the “Pile B”, Ordinance No. 1994, amendments reviewed
and approved by the City Commission on February 12, 2018. Each amendment is a
refinement of a standard to further the goals and objectives of the Growth Policy.
Reviewing the wording of the municipal code and making improvements for clarity and
effectiveness is consistent with Implementation Policy 4) “Ensure that development
procedures and requirements are predictable, clear, timely, and effective while ensuring
adequate review of community and environmental impacts.”
B. Secure safety from fire and other dangers.
Yes. The development standards provide for identification and mitigation of uses and
development. Building construction standards, public services, urban/wildfire interface,
geotechnical standards, and other measures remain in place. Development within floodplains
is restricted. Setbacks and other development standards facilitate emergency service access.
See also criterion C.
C. Promote public health, public safety, and general welfare.
Yes. The development standards provide for identification and mitigation of uses and
development. Building construction standards, public services, urban/wildfire interface,
geotechnical standards, and other measures remain in place. Development within floodplains
is restricted. Setbacks and other development standards facilitate emergency service access.
More specifically, requiring access to a parking structure from an alley, if present, decreases
conflicts between the pedestrian way and vehicular traffic. Minimizing these entryways
improves traffic flow while increasing pedestrian safety. Data shows nearly one in four
pedestrian related accidents occur in parking lots. One statistic from a Montgomery County
MD report that stood out is that 13 percent of parking-related accidents involved vehicles
entering or exiting parking facilities.
The essential standards for provision of public services such as water and sewer will not be
modified. The balance of proposed standards are expected to prevent overcrowding or other
negative impacts.
The amendments are designed to improve the community by integrating greater
consideration of a neighborhood in particular development proposals and promote greater
variety of housing types. The amendments support the general welfare by addressing possible
impediments to full utilization of property. Therefore, this criterion is met.
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D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. Standards for provision of public facilities are not being altered. Standards are proposed
to accommodate parking for this use. All site development must demonstrate availability of
adequate transportation, water, sewer, and park facilities prior to approval. The regulations
are integrated with other City standards in Chapter 40 for provision of and operation of
utilities.
E. Reasonable provision of adequate light and air.
Yes. The basic standards for rights-of-way, dedication of parks, on-site open spaces, etc. that
affect this criterion are continued with the proposed ordinance. Minor refinements are
included to better facilitate the desired outcome of the Growth Policy by adjusting minimum
setback in certain zoning districts and allow porches to encroach into setbacks to better
utilize land.
Minimum standards for windows and air circulation/venting remain in the building codes.
F. Effect on motorized and non-motorized transportation systems.
Yes. Edits include provisions for bicycle parking on site. These amendments are intended to
facilitate safe and functional access for employees, patrons, and residences for residential
developments.
Additional amendments improve the clarity of building placement and access to buildings.
The intent is to promote an active streetscape encouraging pedestrian and alternative modes
of transportation potentially reducing vehicular traffic.
Amendments continue by reducing required parcel size for some residential uses and lot
widths in certain zoning districts. These amendments will allow incrementally increased
density thereby bolstering housing supply in existing and emerging neighborhoods which, in
turn, may increase viability of multi-modal transportation options.
G. Promotion of compatible urban growth.
Yes. The amendments promote the continued growth of the City by providing more urban
development standards. The standards, as shown in other criteria, are consistent with the
development standards and patterns of the City.
H. Character of the district.
Neutral to supportive. The amendments refine and clarify existing standards to promote the
Growth Policy. This is achieved by encouraging a more urban character and providing for
efficient use of land. No substantive change to design standards are proposed.
The edits most applicable to this criterion are those revising minimum lot widths. The edits
do not change the uses of property. They do facilitate additional construction of homes,
including accessory dwellings, on existing and future parcels of land.
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I. Peculiar suitability for particular uses.
Neutral. No changes to the zoning boundaries are proposed with these amendments. The
location of zoning districts has previously been found to be appropriate. The authorized use
tables have been reviewed for consistency with the intent and purpose of individual districts
and found to be appropriate.
J. Conserving the value of buildings.
Neutral. No changes to the zoning boundaries are proposed that would cause buildings to
become non-conforming to the district in which they are located. Some existing buildings on
smaller parcels may become conforming to zoning as a result of the edits. Other portions of
the municipal code require buildings to be maintained in a safe and secure condition to avoid
decay and public hazards. The building design standards of Article 5 minimize negative
impacts of development on adjoining properties.
The alterations suggested that relate to conserving building value should promote a
functional site for all users and encourage a more forward looking approach to accommodate
new and existing residence of the city. Increased population and evolving commercial
activities necessitate a built environment that allows greater flexibility and can adaptation to
future needs. The text amendments included herein partially achieve these goals by placing
buildings on a site to maximize land use, provide clear entrances for pedestrians, and support
a diversity of ways in which people can travel to a location.
The community design standards of Article 4 ensure adequate street circulation, parks, and
other necessary features.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. No changes to the zoning boundaries are proposed with these amendments. The uses
authorized in the use tables for each district are consistent with the district purpose. The
zoning boundaries are in substantial compliance with the land use map of the growth policy,
which establishes the broad policy for location of uses. As described in Criterion A, the
proposed zoning is consistent with the growth policy overall. Finally, the amendments allow
greater housing variety to meet the needs of a diverse community.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
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For this text amendment application the applicable calculation of protesting owners would
include all owners of all properties in all districts of the City for issues affecting the entire city
such as review processes and generally applicable standards. For issues affecting a defined
subsection of the city such as an individual zoning district the calculation of protesting owners
would include all owners within the affected area. This protest does not apply to provisions
relating to subdivision review as there is no state authority for protest of subdivision regulations.
APPENDIX A - PROJECT BACKGROUND
The City has had zoning since 1934. The City has replaced the entirety of its zoning regulations
fifteen times since then and completed over 250 individual amendments to the text. These
regulations have developed over time as the City has grown from 6,855 in 1930 to over 46,500
today. The City Commission and Staff identified a need for a substantial revision to the zoning
regulations to catch up with changing state laws and to meet the needs of the community as it
changes from small town to a city.
The City of Bozeman generally updated Chapter 38 of the Bozeman Municipal Code. The
revised development code became effective on March 31, 2018. Based on a year of experience
applying the code a number of improvements and revisions are needed to achieve the desired
outcome, correct omissions, and continue evolving the code as directed by the City Commission.
On October 22, 2018, staff presented numerous suggested code amendments and additional
larger policy questions for future code amendments. Based on the direction provided by the
Commission and staff identified edits Ordinance 2014 and 2019 were prepared to meet the
demands of the known corrections, additions, and improvements.
Two ordinances (2014 and 2019) were created for consideration to facilitate review and possible
adoption. Ordinance No. 2014 generally includes those specific changes detailed in the October
22, 2018 Commission memo. Ordinance No. 2019 includes revisions to block frontage standards
for buildings facing multiple streets and other modifications generally related to the subject
matter. Not all policy items listed in the October 22, 2018 memo are addressed with these two
ordinances. Items not included require additional review to insure the desired outcome is
achieved and these amendments are deemed important for the ongoing function of the
Department and eliminating burdensome review process.
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APPENDIX B – CORRELATION
The following text shows where subjects contained in the October 22, 2018 memo are located within Ordinances 2014 and 2019 and gives a short summary.
Policy amendments
1 SUP for on-site alcohol sales in B-2M. The draft of the UDC
adopted by the Commission through ordinance 1978 requires a
conditional use permit for onsite consumption of alcohol in the B-
2M district. The review process for the same use was changed to a
special use permit for some other districts. This change would modify the review process in the B-2M district for on-premise
consumption of alcohol to a special use permit
Ordinance
2019,
section 1.
2 Cash-in-lieu of parkland density cap. Not divisible if less than one-acre parcel. The current code includes a maximum amount of park
to be dedicated with any residential project. This maximum is
affected by the size of the parcel and the number of homes in the
project. Higher density, usually smaller, lots reach the maximum and allow a greater number of homes to not have to provide park or its equivalent. This change will maintain a maximum cap.
However it will modify how lot size affects the dedication
requirement so that lots under one acre have a dedication
requirement that more closely parallels less intensive development. This will require greater payment of money from some higher density developments
Not included
with this
group of
edits.
3 Detached household porch encroachment, enclosure, and meeting garage location. See strategic code amendment #3 below. The revised code encourages greater utilization of land and decreases
front yard setbacks for residential structures. To allow for
additional parking in front of garages and to minimize impacts to
adjacent properties garages are required to be setback a minimum of 20 feet and the front façade of the house must be at least four
feet in front the garage. Current code does not allow a front porch
to encroach into the front setback or count as the “front façade” of
the house. This could allow porches closer to the street.
Ordinance 2014, section 5.
4 Revise the introductory paragraphs in section
38.300.100, 38.300.110, and 38.300.120 to make explicit the
presumption that uses within districts and also within adjacent
districts are compatible when the standards of the Unified Development Code have been met. Currently the text only
addresses compatibility within districts.
Not
included
with this
group of edits.
5 Describe the nature, scope or meaning of development context in
relation to development applications for site plan and commercial
and residential certificate of appropriateness applications. Section
38.230.100.A,7, subsection a and b, site plan review criteria
Not
included
with this
group of
edits.
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references “neighborhood identity” and is the development
“compatible with, and sensitivity to, the immediate environment of
the site and the adjacent neighborhood and other approved
development…”
Focused code amendments
1 Table 38.320.030.B. Minimum lot width. The R-2 district allows an accessory dwelling unit (ADU) on a lot of 50 feet
wide or 40 feet wide when the lot is adjacent to an alley
and vehicle access is taken only from that alley. However,
the R-2 and R-3 districts are more restrictive. Should this
standard be increased to reflect the intent of the R-1 district and harmonized with the R-2 and R-3 lot width standard.
Ordinance 2019, section 2.
2 Table 38.320.050. Non-residential form and intensity
standards. Footnote #1 should say 2,700 square feet, not 3,000 to be in harmony with the other zoning districts.
Ordinance 2014,
section 3.
3 Section 38.350.050.A. Permitted encroachments. Clarify application of zero lot line provisions of 38.350.050.A to
allow ADU and accessory buildings on shared property
boundary and how the setback plane provision of
38.360.060.G. is applied.
Ordinance 2014, section 6.
4 No accessory buildings allowed between the front lot line
and the primary building façade. By definition of
development standard. Historically, City code prohibited accessory structures to be located in front of the primary residential structure. Former Section 38.18.050.B stated,
“Accessory buildings, uses, or equipment shall not be
stored or constructed between the front lot line and required
front building line.” The revised development code eliminated the term “front yard”.
Ordinance 2014,
section 7.
5 Section 38.350.050.A.4. Setback & height encroachments,
limitations, and exceptions. Revise to allow covered porches to encroach five feet into the front setback for all
residential districts. This will allow an effective 10 foot
minimum separation from the property line to the front
edge of the porch. This will likely be measured to the
nearest point such as the eve line to prevent conflicts with utility easements. Remove reference to six foot porch.
Ordinance 2014,
section 5.
6 Section 38.360.040 clarify supplemental ADU provisions and what is allowed between zones. Table 38.310.030.A details in which zoning districts attached and detached
ADU’s are permitted. Section 38.360.040 list special
development standards for attached and detached ADU’s.
Ordinance 2014, section 8.
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The relationship and function of these two section could be improved to be more transparent.
7 Section 38.360.210.B. Single, two, three, and four-
household dwellings. The intent and purpose suggests the buildings should face the street. Clarify that building and
entrance must face the street.
Ordinance 2014,
section 9.
8 Table 510.030.C. Landscape block frontage. Clarify table 38.510.030.C for Landscape Block frontage building
placement. References standard zone setbacks which are
more restrictive. Block frontage allows 10 foot setback
while base zoning standard requires 15 feet. Either confirm the intent and clarify the table’s application or direct a more intensive amendment to lessen front yard setbacks in
residential districts. Staff suggests the Block Frontage
setbacks apply to apartment buildings to better utilize
available land.
Ordinance 2019, section 6
9 Section 38.510.030.K. Block frontage classification on
multiple street fronts. Add new section or revise block
frontage section that clarifies order of preference to clearly
state that that one or more street frontages must be the front
of every building in order to prevent buildings oriented to a
parking lot.
Ordinance 2019,
section 4.
10 Section 38.520.060. On-site residential open space. Suggest
adding “and commercial” to heading. Section includes
subsection C, usable commercial open space. Clarify
application to mixed use buildings.
Ordinance 2014, section 10.
11 Section 38.540.020.L. Pedestrian facilities in parking lots. Sec. 38.540.020.L Pedestrian facilities in parking lots. The concrete sidewalks walk must be a minimum of 5’, not 3’
to meet operational needs of pedestrians.
Ordinance 2014, section 11.
12 Section 38.540.030.A. Structured parking. States structure
must conform to chapters 1 – 4 of the Design Objectives
Plan. The Design Objectives Plan is no longer applicable
and the reference should be removed. In addition, all
buildings must conform to the applicable block frontage
standards in the zoning district. This reference should be
integrated with Article 5.
Ordinance 2014,
section 12.
13 Section 38.540.030.B. Clarify language, “line the parking
garage with an active use.” Subsection 1.b states, “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.” However, the code does not specify
Ordinance 2014,
section 12.
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dimensions of such a space. Numerous development applications have liberally interpreted this section to mean benches, bike racks, incidental areas supporting residential
uses above street level, or non-active spaces to meet the
intent of this section.
14 Section 38.540.050.A.1.a. Required parking. The reference
to table 38.540.050-6 is listed as the ADA parking
requirement which is no longer included. Delete table
reference to correct.
Ordinance 2014,
section 13.
15 Section 38.540.050.A.5 (Add this section). Bicycle parking
standards. The 2017 Transportation Plan removed the
bicycle parking standards as requested. However, these
standards were not included in the revised UDC. The intent of the rack standards section is to ensure that required
bicycle racks are designed so that bicycles may be securely
locked to them without undue inconvenience and will be
reasonably safeguarded from accidental damage (see
attached standards, Exhibit A). Consider other related amendments relating to placement of bicycle parking on a
site.
Ordinance 2014,
section 13.
16 Section 38.550.050.G. Tree diameter standards, acceptable
landscape materials, subparagraph 3.a. Paragraph
38.550.060.B.3.d says caliper is measured one foot above
grade. However, that section is addressing mature trees
being preserved on-site. One image addressing both standards is needed.
Will be
corrected
through revised
image as
allowed by section
38.110.020.
17 Section 38.560.060.C.2. Interchange zones sign permitting. Sentence should reference “comprehensive sign permit”
and not “certificate of appropriateness” as the COA
requirement no longer applies to entryway corridors
because the Entryway Overlay district was deleted in
January 2018.
Administratively corrected.
Other amendments not listed in the October 22, 2018 Commission memo
1 Table 38.220.420, Notice requirements for application
processing to specify which requirement applies to which process of review.
Ordinance 2014,
section 1.
2 Table 38.320.030.A of the BMC, Minimum and maximum lot area. Revise minimum lot size for residential districts. By motion of the Commission.
Ordinance 2014, section 2.
3 Table 38.320.050. Table of Form and Intensity Standards— Non-Residential and Other Mixed-Use Districts. Omitted Ordinance 2014, section 3
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minimum floor to ceiling height with revised code. Replace standard.
4 Table 38.320.050. Table of Form and Intensity Standards—
Non-Residential and Other Mixed-Use Districts. Revise footnotes to improve B-1 district function and remove
residential reference standard in non-residential use table.
Ordinance 2014,
section 3.
5 Section 38.340.040.A.1.a (5). Certificate of appropriateness, to explicitly allow photovoltaic panels as directed by
Commission during adoption of revised UDC and consistent
with current practice.
Ordinance 2014, section 4
6 Section 38.350.050.B, Setback and height encroachments,
limitations and exceptions. Allow detached accessory
structures, including ADU’s, to utilize the zero lot line
configuration.
Ordinance 2014,
section 6
7 Section 38.700.180, BMC, defining townhouse and
townhouse cluster. Response to proposed Legislative
change. Does not change current application of standards by the City.
Ordinance 2014,
section 14
8 Table 38.510.030.B, Storefront block frontage standards. Clarify that the building depth for all commercial, not just
retail, use must be deep enough to accommodate a future
use.
Ordinance 2019, section 5.
9 Section 38.520.060.C Usable commercial open space.
Remove possibility of doubling open space requirements.
Ordinance 2019,
section 8.
APPENDIX C - NOTICING AND PUBLIC COMMENT
This application is for an amendment to the municipal code. Therefore, the required notice is
publication in the newspaper per Table 38.40.030, BMC. Notice was published on March 31,
2019 and April 14, 2019 in the Bozeman Daily Chronicle before the public meeting by the
Design Review Board and public hearings by the Zoning Commission and City Commission.
Two comment letters have been submitted. Both are from the Downtown Bozeman Partnership.
APPENDIX D - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: Bozeman City Commission, P.O. Box 1230, Bozeman MT 59771
Report By: Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
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FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this amendment. The City will incur periodic costs to administer the process.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715. The complete application includes
presentations, notes, comments, questionnaires used to create the draft code being reviewed.
Draft Ordinance 2014
Draft Ordinance 2019
October 22, 2018 Commission Memo
Bicycle parking standard example graphic
Design Review Board summary
Comment from the Downtown Bozeman Partnership
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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
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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 April 16,
2019. The Bozeman Zoning Commission voted 3-0 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.
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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 -
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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
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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
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
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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
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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 - — —
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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:
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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
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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:
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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
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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.
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
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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
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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:
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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.
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2. In all districts, all commercial floor space wrapping must provide a minimum 20
foot depth of habitable and conditioned space as defined by the most currently
adopted IBC.
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 an alley is adjacent to site, access must be taken from that alley. Access to a
street may be considered by the review authority for structured parking facilities
with more than 100 parking spaces.
11. A pedestrian safety plan is required for all parking facilities with more than 100
parking spaces and must be reviewed and approved by the City Engineer. The
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City Engineer may request a Pedestrian Safety Plan for parking facilities with
less than 100 parking spaces.
10 12. Parking entrance(s) may not account for more than 25% of entire building
façade.
11 13. Parking entrance(s) must not be located central to the building façade.
…
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.
Section 14
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.
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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.
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.
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4) Up to 50 percent or 12 spaces, whichever is less, of required 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) 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. 6) Screening with landscaping or other means of bicycle parking is not required.
7) 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.
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 15
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.
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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.
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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
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Page 1 of 19
ORDINANCE NO. 2019
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, REVISING TABLE 38.310.040.A TO ALLOW SALES OF
ALCOHOL FOR ON-PREMISES CONSUMPTION WITH A SPECIAL USE PERMIT IN
B-2M; REVISING SECTION 38.510.010, BLOCK FRONTAGE STANDARDS
INTRODUCTION; ADDING SECTION 38.510.020.F (FORMERLY SECTION
38.510.030.K) ADDRESSING MULTIPLE FRONTAGE SITUATIONS; REVISING
TABLE 38.510.030.B TO CLARIFY MINIMUM DEPTH FOR COMMERCIAL SPACE;
REVISING TABLE 38.510.030.C BUILDING PLACEMENT FOR CLARITY; DELETING
SECTION 38.510.030.K: REVISING 38.520.060 USABLE COMMERCIAL OPEN SPACE
STANDARDS, AND REVISING TABLE 38.320.030.B, MINIMUM LOT WIDTH.
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
WHEREAS, The City is authorized by 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, The City strives to improve zoning code to implement the Growth Policy;
and
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WHEREAS, the Bozeman Zoning Commission held a noticed public hearing on April 16,
2019. The Bozeman Zoning Commission voted 3-0 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 38.310.040.A, Permitted general sales in commercial, mixed-use, and industrial
districts, Bozeman Municipal Code be amended as follows:
Table 38.310.040.A
Permitted general sales uses in commercial, mixed-use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards in
that code section.
4. 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. If there are multiple numbers, then the use is
subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use is
permitted or conditionally permitted up to the (maximum) listed square footage in gross building area.
Uses
Zoning Districts
Commercial Mixed Use Industrial PLI
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B-
1 1
B-
2
B-
2M
B-
3
UMU
(38.310.050)
REMU
(38.310.060)
NEHMU
2 BP M-
1
M-
2
General sales
Automobile, boat or
recreational vehicle sales,
service and/or rental
— — — — — — P — P P —
Automobile fuel sales or
repair (38.360.070)* S S S S S S P — P P —
Convenience uses
(38.360.100)* — P P C C P P — — — —
Heavy retail
establishment (Retail,
large scale -
38.360.150)*
— P P C P C P — P P —
Restaurants* P 3 P P P P P P
1,500sf — P 3 P 3 —
Retail*
• 0-5,000sf GFA P 4 P
4 P 4 P
4 P 4 P 4,5 A 6 C 7 A
6
A 6
C 7
A 6
C 7 —
• 5,001-24,999sf GFA — P
4 P 4 P
4 P 4 P 4,5 A 6 C 7 A
6
A 6
C 7
A 6
C 7 —
• 25,000sf-39,999sf
GFA — P
4 P 4 P
4 P 4 — A 6 C 7 A
6
A 6
C 7
A 6
C 7 —
• Over 40,000sf GFA
(Retail, large scale -
38.360.150)*
— P
4 P 4 — S — — — — — —
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Sales of alcohol for on-
premises consumption
(38.360.060)
S 8 S
8
C S
8
S
8 S 8,9 S 8,9 S 8 — C
8,10
C
8,10 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030
for those not listed in this table).
3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet, whichever is
less, or occupying not more than 45 percent of the gross floor area of a food processing facility.
4. Excluding adult businesses as defined in section 38.700.020 of this chapter.
5. Special REMU district conditions based on the amount of on-site retail uses:
a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are limited to no
more than four structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C.
b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are limited to no more than two structures per 100 acres of contiguous master planned development and subject to
section 38.310.060.C.
6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20 percent of gross
floor area or 10,000 square feet, whichever is less.
7. Retail establishments as a primary use are conditionally permitted.
8. Also subject to chapter 4, article 2.
9. No gaming allowed.
10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with the following conditions:
a. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total
building area of a food processing facility; and/or
b. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000 square
feet or 50 percent of the facility, whichever is less.
…
Section 2
That table 38.320.030.B, Minimum lot width in R-S, R-1, R-2, R-3, R-4, R-5, R-O, and R-MH
zoning districts, Bozeman Municipal Code be amended as follows:
Table 38.320.030.B Minimum lot width (feet)
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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 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
Single-household dwelling 50 50/40
1 50/40 1 50/40 1 50/35 1 35/25 1,2 50/40 1 50/40
1
Single-household dwelling
(only for dwellings to satisfy
requirements of division
38.380 of this chapter)
30 30 30 30 30 30 30 30
Two household dwelling — — 60/50 1 60/40 1 50/40 1 50/40 1 50/50 1 —
Accessory dwelling unit 3 50 50/40
1
50/40
160/50
1
50/40
160/50 1 50/40 1 None 4 50/40
160/50 1 —
Accessory dwelling unit 3 on
lots with Townhouses 30 30 30
Width of
interior
units ,2
Width of
interior
units ,2
Width of
interior
units ,2
Width of
interior
units ,2
—
Dwellings in three- or four-
household dwelling
configurations
- - — 60 60 None 2,4 60 —
Townhouses 30 30 30
Width of
interior
units ,2
Width of
interior
units ,2
Width of
interior
units ,2
Width of
interior
units ,2
—
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All other uses 50 50 50 50 50 None 2,4 50 50
Notes:
1. When the lot is adjacent to an alley and vehicle access is taken only from that alley.
2. Lot width is subject to section 38.400.090. Lot widths of 25 feet or less may jeopardize compliance with standards for legal and physical access, street trees, on-street parking, garage design, drive access width
and placement, and utilities. Home design and size will be restricted as a result. Mitigation measures may be required for placement and separation of public and private utilities.
3. Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to accessory buildings. Lot area and width must be provided as if the dwelling were attached to the principal use.
Dwellings to be developed under this option are subject to section 38.360.040.
4. Lot widths may be variable provided they are sized and shaped sufficient to accommodate permitted uses
and conform to applicable design and density standards.
Section 3
That section 38.510.010, Introduction, Bozeman Municipal Code be amended as follows:
A. Purpose.
1. To provide standards to implement the growth policy and applicable adopted subarea
plans;
2. To design sites and orient buildings with an emphasis on compatible development and
creating a comfortable walking environment; and
3. To provide standards that recognize the need for a system of streets and block frontages.
B. Applicability. The provisions of this division apply to all development within Bozeman,
except single to four-household dwellings in any configuration. Also:
1. For clarification on the relationship between the provisions in this division and other
documents and codes, see section 38.500.020.A.
2. For the application of building additions, remodels and site improvements, see section
38.500.020.B.
3. For clarification on how the provisions of this division are applied, see section
38.500.030.
C. How to use this division. Since Bblock frontage standards for individual properties depend on the zoning designation adjacent type of street that the properties front onto and Community
Design Framework map., consider Take the following steps in using this division:
1. Determine the zoning of your property, then see section 38.510.020 to find the block
frontage type designation for the street or streets fronting your property. For properties in
residential zones, the standards for Landscaped block frontages (see section
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38.510.030.C) apply. For properties in Industrial zones, see section 38.510.030.H. For
properties that front onto multiple streets, see provisions in section 38.510.0230.KF; and
2. Go to the appropriate code section in this division for the block frontage standards for applicable to the block frontage type designation. Table 38.510.030.A includes a summary of the five primary street frontage type designations along with links to the
appropriate sections, the intention for each block frontage designation, and key design/use
provisions.
…
Section 4
That section 38.510.020, Community design framework maps and standards, Bozeman
Municipal Code be amended as follows:
A. About the maps. The maps, together with the block frontage standards in section 38.510.030, guide the look and feel of development in commercial and multi-household areas throughout Bozeman when viewed from the street. The provisions herein
recognize that there is a hierarchy of different streets and block frontage types ranging
from pedestrian-oriented storefronts to arterial streets/frontages that warrant greater
flexibility in the design of frontages.
The block frontage standards address streetfront elements including:
1. Building location and orientation.
2. Parking lot location.
3. Window transparency. 4. Weather protection.
5. Landscaping.
The community design framework maps also identify high visibility street corner sites that
warrant special design treatment. Ultimately, these "form-based" provisions will help to reinforce existing and desired development patterns intended to implement the growth
policy, including adopted neighborhood plans.
B. All block frontages within residential zones are subject to landscaped block frontage
provisions set forth in section 38.510.030.C.
C. All block frontages within industrial zones are subject to the provisions of section
38.510.030.H.
D. The default block frontage for new or undesignated streets (such as those within annexed land) in commercial and mixed-use zones is Mixed (see the mixed block
frontage provisions set forth in section 38.510.030.D),
E. The block frontage designations apply to development on both sides of the street except where otherwise specified.
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F. Multiple frontage situations where a property and building(s) front onto multiple block
frontages or internal frontage designations. Where a property fronts onto more than one
block frontage, each building must comply with the standards for the block frontage upon
which it is located, with the following clarifications:
1. When a building or buildings is located such that it faces and is adjacent to multiple
block frontages, the orientation of the front of the building must be sited and placed on
the property in the following order of precedence:
a. Streets (all types, see F.2 below)
b. Trail/Park
c. Special Residential or Internal Roadway (parking areas/lots, block separation
corridors).
d. Departures may be considered provided the location and front orientation of the
buildings are compatible with the character of the area and enhance the character
of the street.
2. When a building(s) is located such that it faces and is adjacent to multiple street block
frontages:
a. The orientation of the front of the building must be sited and placed on the property
in the following order of precedence:
1) Gateway (38.510.030.E)
2) Storefront (38.510.030.B)
3) Landscape (38.510.030.C)
4) Other (38.510.030.G)
5) Departures may be considered provided the location and front orientation of
the buildings are compatible with the character of the area and enhance the
character of the street.
b. For corner sites with landscaped block frontage on one street and storefront or
mixed on another, a storefront frontage may wrap around the corner (on the
landscaped block frontage side) for up to a half block or no more than 120 feet
(whichever is more).
c. Each building(s) must address a frontage.
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3. All buildings must be placed and designed to present the front and primary façade to
the block frontage or street block frontage that is highest in the order of precedence.
4. All buildings on a corner at the intersection of two streets must be placed adjacent to
and present a front and primary façade to both street block frontages.
5. Entrances:
a. A publicly accessible entrance must be provided on the front and primary façade
unless not required by the block frontage.
b. For buildings on a corner at the intersection of two streets, publicly accessible
entrances on both street frontages are encouraged, but only one entrance is
required.
c. For buildings that front on internal and external block frontages, publicly
accessible entrances on both types of block frontages are encouraged, but only
one entrance is required.
d. The publicly accessible entrance must be provided on the storefront block
frontage if one is provided.
e. For buildings on a corner at the intersection of two streets with a mix of block
frontage designations the publicly accessible entrance must be provided on the
block frontage according to the order of precedence in subsection 1 above.
f. For buildings on lots or sites that have multiple street block frontages the publicly
accessible entrance must be provided on the block frontage according to the order
of precedence in subsection 2 above.
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6. Buildings that face two streets and meet the primary frontage parking location
standards are not required to meet building to parking location percentage frontage
standards for subsequent building frontages.
7. Parking: Surface parking (including ground floor parking in a structure) adjacent to a street corner is not allowed, except:
a. Corner lots with non-designated frontages (other) on both streets;
b. Other combination of block frontages, except those with a storefront
designation, via a departure and subject to the applicable departure criteria.
FG. Changes to the default block frontage designation for new and existing streets may be made through the Community Design Framework Master Plan per section
38.510.030.L.
GH. A reference map of approved community design framework master plans and
default block frontages is maintained by the department of community development. The map is a visual representation of the text of this section and is for illustrative purposes only.
…
Section 5
That table 38.510.030.B, Storefront block frontage standards, BMC be amended as follows:
Table 38.510.030.B
Storefront block frontage standards
Element Standards ( refers to departure
opportunities, see subsection
38.510.030 below)
Examples & Notes
Ground floor
Land use
Non-residential uses specified in
38.10.020, except for lobbies
associated with residential or
hotel/motel uses on upper floors.
Floor to ceiling
height
13' minimum (applies to new
buildings only).
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Retail Non-
residential space
depth
20' minimum (applies to new
buildings only).
Building
placement
Required at front property
line/back edge of sidewalk.
Additional setbacks are allowed
for widened sidewalk or
pedestrian-oriented space
(38.520.060.D).
Building
entrances
Must face the street. For corner
buildings, entrances may face the
street corner.
Façade
transparency
At least 60% of ground floor
between 30" and 10' above the
sidewalk for primary facades and
40% of ground floor between 30"
and 10' above the sidewalk for
secondary facades. Display
windows may count for up to
50% of the transparency
requirement provided they are at
least 30" in depth to allow for
changeable displays. Tack-on
display cases do not qualify as
transparent window areas.
Window area that is glazed over or covered in
any manner that obscures visibility into the
storefront space shall not count as transparent
window area.
Weather
protection
Weather protection with 8-15'
vertical clearance at least 5' in
average depth along at least 60%
of façade. Retractable awnings
may be used to meet these
requirements.
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Parking location
Also see division
38.540 of this
division for
related parking
requirements
New surface and structured
parking areas (ground floor) must
be placed to the side or rear of
structures and are limited to 60'
of street frontage. Provide a 6'
minimum buffer of landscaping
between the street and off street
parking areas meeting the
performance standards of
division 38.550.
Sidewalk width
12 feet minimum between curb
edge and storefront (area includes
clear/buffer zone with street
trees). Setbacks and utility
easements must also be
considered and may result in a
larger minimum sidewalk width.
…
Section 6
That table 38.510.030.C. Landscape block frontage standards, BMC, be amended as follows:
Table 38.510.030.C Landscaped block frontage standards.
Element Standards ( refers to departure
opportunities, see subsection 38.510.030
below)
Examples & Notes
Ground floor:
Land use
See Tables 38.310.030-.040 for permitted
use details.
Building
placement
10' minimum front setback, except where
greater setbacks are specified in the district
in division 38.220.
See section 38.510.030.J for special
design provisions associated with
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Ordinance No. 2019
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ground level residential uses adjacent to
a sidewalk.
Building
entrances
Building entrances must be visible and
directly accessible from the street. For uses
that front on multiple mixed designated
block frontages, an entry along both streets
is encouraged, but not required.
Façade
transparency
For buildings designed with ground level
non-residential uses, at least 25% of the
ground floor between 4'-8' above the
sidewalk. For residential uses, at least 15%
of the entire façade (all vertical surfaces
generally facing the street). Windows must
be provided on all habitable floors of the
façade.
Window area that is glazed over or
covered in any manner that obscures
visibility into the storefront space shall
not count as transparent window area
Weather
protection
Provide weather protection at least 3' deep
over primary business and residential
entries.
Parking
location
Also see
division 38.540
of this division
for related
parking
requirements
Parking must be placed to the side, rear,
below or above uses. For single and multi-
building developments, surface and
structured parking areas (ground floor) are
limited to no more than 50% of the street
frontage. Private or shared garage entries
must occupy no more than 50% of façade
width. Provide a 10' minimum buffer of
landscaping between the street and off street
parking areas meeting the performance
standards of division 38.550 of this chapter.
New parking structures must feature
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Ordinance No. 2019
Page 14 of 19
landscaped setbacks at least 10' in width.
Landscaping
Also see
division 38.550
of this division
for related
landscaping
standards
The area between the street and building
must be landscaped, private porch or patio
space, and/or pedestrian-oriented space.
For setbacks adjacent to buildings with
windows, provide low level landscaping
that maintains views between the building
and the street.
Also provide plant materials that screen any
blank walls and add visual interest at both
the pedestrian scale and motorist scale. For
extended wall areas, provide for a diversity
of plant materials and textures to maintain
visual interest from a pedestrian scale.
Sidewalk width
6' minimum sidewalks are required adjacent
to arterial streets and public parks and 5'
minimum width in other areas, except the
review authority may require wider
sidewalks in special areas where called for
in adopted plans or where significant
pedestrian traffic is anticipated.
…
Section 7
That section 38.510.030.K, Where a property fronts onto multiple streets/frontage designations,
Bozeman Municipal Code be amended as follows:
K. Where a property fronts onto multiple streets/frontage designation. Where a property
fronts onto more than one street and each street has a different frontage designation, each
building frontage must comply with the standards for the block frontage upon which it
fronts, with the following clarifications:
1. Where a conflict exists between frontage standards, the review authority will apply
the standards of a block frontage pursuant to the following order of preference:
a. Storefront;
b. Mixed;
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c. Landscaped; then
d. Other.
Items 2—5 below clarify how the order of preference works for particular frontage
elements.
2. Building Location: For corner sites with landscaped block frontage on one street and storefront or mixed on another, a storefront frontage may wrap around the
corner (on the landscaped block frontage side) for up to a half block or no more
than 120 feet (whichever is more.
3. Entrances: For corner sites, entrances on both streets are encouraged, but only one entrance is required. For corner sites with a storefront block frontage on one side, an
entrance must be placed on the storefront block frontage side. For corner sites with
a mix of designations that do not include a storefront block frontage, the entry must
be placed on the order of preference identified above. Departures may be considered provided the location and design of the entry and block frontage treatments are compatible with the character of the area and enhance the character of the street.
4. Transparency: For corner sites at least one block frontage must meet the applicable
transparency standards (based on the order of preference above). For the second block frontage, the review authority may approve a reduction in the minimum
amount of transparency by 50 percent. For street corners with the same designations
on both frontages, buildings must employ the full transparency on the dominant
frontage (based on the frontage width or established neighborhood pattern).
5. Parking: Surface parking (including ground floor parking in a structure) adjacent to
a street corner is not allowed, except:
a. Corner lots with non-designated frontages (other) on both streets;
b. Other combination of block frontages, except those with a storefront
designation, via a departure and subject to the applicable departure criteria.
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…
Section 8
That section 38.520.060, Usable commercial open space, BMC be amended as follows:
C. Usable commercial open space. New developments with non-residential uses (except for
development within the industrial zones) on sites with a total site area greater than one acre must provide open space.
1. Commercial only sites. An area equal to at least two percent of the development
envelope site area. For this specific standard, "Site area" includes all land needed for
the non-residential portion of the project including parking, service areas, access and required landscaping. The open space may be in the form of pedestrian-oriented open space per subsection D below, garden, play area or other open space feature that
serves both as a visual amenity and a place for human activity. Portions of sidewalks
that are wider than 12 feet and which meet the standards of pedestrian-oriented open
space may be counted toward this requirement. For this specific standard, "Site area" includes all land needed for the non-residential portion of the project including parking, service areas, access and required landscaping. Non-residential open space
features must be approved by the review authority.
2. Mixed use sites. When determining the “site area” for mixed-use buildings, areas
solely used for residential use may be omitted. To be omitted, areas must be specifically restricted to residents (e.g. parking spaces signed for residential parking only, open space areas gated off or only accessible from internal residential areas,
internal lobbies without access to commercial spaces). When the omission of solely
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Ordinance No. 2019
Page 17 of 19
residential areas results in the site area being less than one acre, no commercial open
space is required.
Reduced open space area will be considered by the review authority for projects that include exceptional design features and elements that meet the intent of the standards.
This includes open spaces that feature a combination of design (site materials,
amenities, and configuration) and location/context that clearly exceed typical plaza
designs found in the region. All departures must feature usable open space no less than one percent of the development envelope.
The “development envelope” “site area” on both sites is 102,400sf (2.35 acres). The minimum amount of usable
commercial open space (2% of site area development envelope) is 2,048sf. The left example consolidates the open
space into one plaza near the major building entry. The right example includes three separate open spaces at
strategic, visible locations.
Figure 38.520.060.C.
Example of site development integrating usable commercial open space.
Section 9
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 10
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Ordinance No. 2019
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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 11
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 12
Codification.
This Ordinance shall be codified as indicated in Sections 2 through 8.
Section 13
Effective Date.
This ordinance shall be in full force and effect 30 days after final passage and approval.
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Ordinance No. 2019
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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
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REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Community Development Manager Tom Rogers, Senior Planner Martin Matsen, Director of Community Development
SUBJECT: Discussion and direction on proposed UDC edits, clarifications, and corrections.
MEETING DATE: October 22, 2018
AGENDA ITEM TYPE: Action
RECOMMENDED MOTION: I move to direct staff to begin the process for proposed text changes to improve Chapter 38 of the Unified Development as detailed below and initiate a zone text amendment.
BACKGROUND: On January 4, 2018 the revised Unified Development Code (UDC) was adopted and
became effective on March 31, 2018. Staff stated that after the one-year anniversary of the adopted code
we would revisit its function, effectiveness, issues, and identify suggested changes. Staff has tracked areas of concern and questions as new applications have been submitted. Beginning the text process now will bring any approved changes into effect at approximately the one year anniversary of the UDC
adoption. The following list is staff’s suggested priorities for revision. Most are clarifications of adopted
standards or resolve points of conflict between code provisions. Additional items are being collected as
they are identified and will be addressed in the future. Proposed changes in the following list are separated into larger policy discussions and specific code improvements. There are five items that are changes in policy.
If the City Commission directs staff to begin the amendment process draft text will be prepared, notices
provided to the public, and public hearings held before any implementing ordinances come to the Commission for action. Direction to initiate an amendment at this time does not commit the Commission to finalize any of these items.
Policy amendments
1.SUP for on-site alcohol sales in B-2M. The draft of the UDC adopted by the Commissionthrough ordinance 1978 requires a conditional use permit for onsite consumption of alcohol in
the B-2M district. The review process for the same use was changed to a special use permit for
some other districts. This change would modify the review process in the B-2M district for on-
premise consumption of alcohol to a special use permit.
Commission Memorandum
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2. Cash-in-lieu of parkland density cap. Not divisible if less than one-acre parcel. The current code
includes a maximum amount of park to be dedicated with any residential project. This maximum
is affected by the size of the parcel and the number of homes in the project. Higher density,
usually smaller, lots reach the maximum and allow a greater number of homes to not have to provide park or its equivalent. This change will maintain a maximum cap. However it will
modify how lot size affects the dedication requirement so that lots under one acre have a
dedication requirement that more closely parallels less intensive development. This will require
greater payment of money from some higher density developments.
Parkland area requirements, section 38.420.020.
Cash donation in-lieu of land dedication, section 38.420.030.
3. Detached household porch encroachment, enclosure, and meeting garage location. See strategic
code amendment #3 below. The revised code encourages greater utilization of land and decreases
front yard setbacks for residential structures. To allow for additional parking in front of garages
and to minimize impacts to adjacent properties garages are required to be setback a minimum of 20 feet and the front façade of the house must be at least four feet in front the garage. Current
code does not allow a front porch to encroach into the front setback or count as the “front
façade” of the house. This could allow porches closer to the street.
4. Revise the introductory paragraphs in section 38.300.100, 38.300.110, and 38.300.120 to make
explicit the presumption that uses within districts and also within adjacent districts are compatible when the standards of the Unified Development Code have been met. Currently the text only addresses compatibility within districts.
5. Describe the nature, scope or meaning of development context in relation to development
applications for site plan and commercial and residential certificate of appropriateness
applications. Section 38.230.100.A,7, subsection a and b, site plan review criteria references “neighborhood identity” and is the development “compatible with, and sensitivity to, the
immediate environment of the site and the adjacent neighborhood and other approved
development…”
The intent of the Neighborhood Conservation Overlay District (NCOD) is described in section
38.340.010.C, D, and F.
Standards for granting a COA are found in section 38.340.050. Specifically, subsection D
requires the review authority to determine whether or not a “contemporary, non-period or
innovative for new structures or additions to existing structures, … whether the proposed is
compatible with any existing or surrounding structures.” There are several long standing
uncertainties in the adopted language. This edit will work to quantify and clarify the meaning of these terms. Several subsidiary questions which will need to be addressed.
i. Is there an extent to the surrounding area?
ii. Is the “influence area” dependent on the size and scale of the propose development or is
there a quantifiable distance? How should the influence zone be measured?
iii. How should the review authority determine when the context is not relevant to the development proposal? By zoning district boundary, distance, block face, street separation,
or other metric?
iv. Proposed development of new and existing subdivisions with vacant parcels tend to be
larger in scale compared to redevelopment and infill inside the NCOD. Because a primary
purpose of the NCOD is preserve the existing neighborhood should the context used to
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show a proposed development is in “character” with the existing neighborhood be larger or
smaller than development in distal areas of the City?
Focused code amendments
1. Table 38.320.030.B. Minimum lot width. The R-2 district allows an ADU on a lot of 50 feet
wide or 40 feet wide when the lot is adjacent to an alley and vehicle access is taken only from
that alley. However, the R-2 and R-3 districts are more restrictive. Should this standard be
increased to reflect the intent of the R-1 district and harmonized with the R-2 and R-3 lot width standard.
2. Table 38.320.050. Non-residential form and intensity standards. Footnote #1 should say 2,700
square feet, not 3,000 to be in harmony with the other zoning districts.
3. Section 38.350.050.A. Permitted encroachments. Clarify application of zero lot line provisions of
38.350.050.A to allow ADU and accessory buildings on shared property boundary and how the setback plane provision of 38.360.060.G. is applied.
4. No accessory buildings allowed between the front lot line and the primary building façade. By
definition of development standard. Historically, City code prohibited accessory structures to be
located in front of the primary residential structure. Former Section 38.18.050.B stated,
“Accessory buildings, uses, or equipment shall not be stored or constructed between the front lot line and required front building line.” The revised development code eliminated the term “front
yard”.
5. Section 38.350.050.A.4. Setback & height encroachments, limitations, and exceptions. Revise to
allow covered porches to encroach five feet into the front setback for all residential districts. This
will allow an effective 10 foot minimum separation from the property line to the front edge of the porch. This will likely be measured to the nearest point such as the eve line to prevent
conflicts with utility easements. Remove reference to six foot porch.
6. Section 38.360.040 clarify supplemental ADU provisions versus what is allowed between zones.
Table 38.310.030.A details in which zoning districts attached and detached ADU’s are permitted.
Section 38.360.040 list special development standards for attached and detached ADU’s. The relationship and function of these two section could be improved to be more transparent.
7. Section 38.360.210.B. Single, two, three, and four-household dwellings. The intent and purpose
suggests the buildings should face the street. Clarify that building and entrance face the street.
8. Table 510.030.C. Landscape block frontage. Clarify table 38.510.030.C for Landscape Block
frontage building placement. References standard zone setbacks which are more restrictive. Block frontage allows 10 foot setback while base zoning standard requires 15 feet. Either
confirm the intent and clarify the table’s application or direct a more intensive amendment to
lessen front yard setbacks in residential districts. Staff suggests the Block Frontage setbacks
apply to apartment buildings to better utilize available land.
9. Section 38.510.030.K. Block frontage classification on multiple street fronts. Add new section or revise block frontage section that clarifies order of preference to clearly state that that one or
more street frontages must be the front of every building in order to prevent buildings oriented to
a parking lot.
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10. Section 38.520.060. On-site residential open space. Suggest adding “and commercial” to
heading. Section includes subsection C, usable commercial open space. Clarify application to
mixed use buildings.
11. Section 38.540.020.L. Pedestrian facilities in parking lots. Sec. 38.540.020.L Pedestrian facilities in parking lots. The concrete sidewalks walk must be a minimum of 5’, not 3’ to meet
operational needs of pedestrians.
12. Section 38.540.030.A. Structured parking. States structure must conform to chapters 1 – 4 of the
Design Objectives Plan. The Design Objectives Plan is no longer applicable and the reference
should be removed. In addition, all buildings must conform to the applicable block frontage standards in the zoning district. This reference should be integrated with Article 5.
13. Section 38.540.030.B. Clarify language, “line the parking garage with an active use.” Subsection
1.b states, “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.” However, the code does not
specify dimensions of such a space. Numerous development applications have liberally interpreted this section to mean benches, bike racks, incidental areas supporting residential uses
above street level, or non-active spaces meet the intent of this section.
14. Section 38.540.050.A.1.a. Required parking. The reference to table 38.540.050-6 is listed as the
ADA parking requirement which is no longer included. Delete table reference to correct.
15. Section 38.540.050.A.5 (Add this section). Bicycle parking standards. The 2017 Transportation Plan removed the bicycle parking standards as requested. However, these standards were not
included in the revised UDC. The intent of the rack standards section is to ensure that required
bicycle racks are designed so that bicycles may be securely locked to them without undue
inconvenience and will be reasonably safeguarded from accidental damage (see attached
standards, Exhibit A). Consider other related amendments relating to placement of bicycle parking on a site.
16. Section 38.550.050.G. Tree diameter standards, acceptable landscape materials, subparagraph
3.a. Paragraph 38.550.060.B.3.d says caliper is measured one foot above grade. However, that
section is addressing mature trees being preserved on-site. One image addressing both standards
is needed.
17. Section 38.560.060.C.2. Interchange zones sign permitting. Sentence should reference
“comprehensive sign permit” and not “certificate of appropriateness” as the COA requirement no
longer applies to entryway corridors because the Entryway Overlay district was deleted in
January 2018.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: As determined by the Commission.
FISCAL EFFECTS: None identified.
Attachment: Exhibit A – Bicycle Parking standards
Report compiled on October 11, 2018
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Wednesday, October 17, 2018
Exhibit A
Section 38.540.050.A.5.
The intent of the rack standards section is to ensure that required bicycle racks are
designed so that bicycles may be securely locked to them without undue
inconvenience and will be reasonably safeguarded from accidental damage.
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 securely anchored
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
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.
Bicycle Parking Location
1. Bicycle parking must be located within 50 feet on an entrance to the building.
2. Bicycle parking should be permanently secured to a paved surface and be located
such that it will not become buried by snow removal operations.
3. Covered bicycle parking is recommended wherever possible. 4. Bicycle parking may be provided within a building, but the location must be easily
accessible.
5. 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.
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Bicycle parking dimensional standards suggestion
345
346
TO: BOZEMAN ZONING COMMISSION
FROM: TOM ROGERS
RE: SUMMARY OF DESIGN REVIEW BOARD DISCUSSION ON PROPOSED TEXT
AMENDMENTS TO REVISE STANDARDS FOR BUILDINGS FACING
MULTIPLE FRONTAGES AND ASSOCIATED COMPONENTS, APPLICATION
18-559, ORDINANCE NO. 2019
DATE: APRIL 16, 2019
Summary of Design Review Board, April 10, 2019
On Wednesday, April 10, 2019 the Design Review Board considered the proposed edits to
Chapter 38 as described above. One letter of comment was entered into the record
(attached to this memo). An additional oral public comment was made at the meeting.
Staff provides a summary of the Boards discussion for your consideration. A full video
recording can be viewed HERE.
1. Complexity of code. Flexibility is desired but added language and steps is not.
Perhaps state basic standards without alternatives and then allow departures to
modify standards in a given context.
2. DRB suggested they could be used to vet unique proposals.
3. Relationship between default block frontage designation based on zoning
classification and the electronic block frontage map. Is there a better mechanism to
convey this information?
4. Set default block frontage designations and allow departures.
5. Images supporting the text. Bozeman image gallery or Bozeman Design Manual.
6. Specific code suggestions:
a) Section 3. 38.510.010.C.
b) Section 4. 38.510.020.F. Allow departures for all standards
c) Section 4. 38.510.020.F. Define “primary façade”. Staff suggests “principal”
d) Section 4. 38.510.020.F. Define “public entrance”.
e) Section 4. 38.510.020.F.6. Hard to read, revise.
f) Section 5. Table 38.510.030B. Weather protection. Define term.
g) Section 8. 38.520.060.C. Usable commercial open space. Find a better term for
“development envelop” such as “total building area” or similar.
347
In conclusion, no formal recommendation was made.
Attachments:
DRB memo April 10, 2019
Comment letter
348
From:Susan Riggs
To:Tom Rogers; Agenda
Cc:Downtown Business Association
Subject:zoning commission public comment for tonight
Date:Tuesday, April 16, 2019 4:19:02 PM
Attachments:UDC Edits Downtown letter 2019-04-16 ZC.pdf
Sorry for the late notice, but attached please find public comment for the Zoning Commission
hearing this evening related to the UDC edits. Please forward to the Zoning Commission. Thank you.
Susan Riggs, AICP
www.groundprint.com406.579.5844
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April 16, 2019
Bozeman Zoning Commission
c/o Tom Rogers, Senior Planner, AICP
Department of Community Development
City of Bozeman
20 East Olive Street
Bozeman, Montana 59715
RE: Bozeman UDC Text Amendments – Application 18-559
Members of the Zoning Commission:
Groundprint, LLC has been retained to review the proposed zone text amendments on behalf of the
Downtown Bozeman Partnership. Please accept this letter of public comment in reference to Application
18-559.
1. Overall, the proposed edits should go further to simplify and make the code more accessible to
everyday people. A recent article included the following relevant quote: “If a local resident or
business owner with a high school diploma can’t sit down and figure out what she can and cannot
do with her property in less than an hour, the zoning regime is inherently exclusionary. After all,
one of the key selling points of zoning is that it supposedly provides certainty about what a
property owner can and can’t do as of right. The rules shaping things like use and bulk are meant
to be clear and predictable. But if zoning rules are hard to access or difficult to read and interpret,
this benefit is lost, as locals will be forced to hire a land-use attorney to guide them through the
process.”1
2. We would like to support the proposed changes related to Accessory Dwelling Units in Table
38.320.030.A & B. As stated in the recently approved 2019 Downtown Bozeman Improvement
Plan: “North and south of Downtown, additional scale appropriate infill housing can support the
affordability and compatibility goals of both Downtown and nearby neighborhoods. This might
include strategic density by enabling more accessory dwelling units, housing along alleys, small
rowhouses or stacked townhouses. Recent zoning modifications have already moved in this
direction and should be reinforced and adjusted as needed in the future” (Page 117).
3. The proposed section related to Multiple Block Frontages (Section 38.510.020.F, 1-7) is extremely
difficult to understand; so much so that we are unable to provide constructive public comment.
4. We would like to support the idea behind the proposed clarification in Table 38.510.030.B that
the required 20’ minimum space depth allows for any commercial uses (including offices) and is
not limited only to retail. This could be further clarified to say “Commercial or non-residential
space depth” to include other active ground floor uses like lobbies and maker-spaces. Appendix
A in the Draft 2019 Downtown Bozeman Improvement Plan suggests going further: “Block
frontage standards are intended to result in a certain form rather than dictate specific uses
therefore, references to uses (20 feet of retail space depth) should be removed so that Article 3
should be the only section of the UDC that dictates uses Downtown.”
1 Gray, Nolan “Your Zoning Code Is Inherently Exclusionary (But It Doesn’t Have To Be)” 3 April 2019,
www.strongtowns.org/journal/2019/4/2/your-zoning-code-is-inherently-exclusionary-but-it-doesnt-have-to-
be?rq=accessible
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5. Section 38.520.060.C describes usable commercial and mixed-use open space requirements. This
section is very long. We would like to suggest replacing this entire section with a diagram such as:
6. Section 38.540.030 is related to structured parking facilities. Subsection B.10 states: “If alley is
adjacent to site, access must be taken from that alley, no access to street is permitted.” This
requirement could be extremely problematic for future parking garages as well as for alleys in
general Downtown. For example, if the existing Bridger Park garage only had access from the
adjacent alley, vehicular circulation would be a major issue for the whole block including the
businesses that use the alley for deliveries and trash pick-up. That alley, and many similar alleys
Downtown, are not intended for the continuous volume of two-way traffic associated with any
medium or large-scale parking structure. While an alley certainly could work as one of several
accesses for structured parking, this proposed code amendment could result in major safety and
functionality issues for Downtown. This line should be struck from the proposed amendments.
Thank you very much for your time and consideration.
Sincerely,
Susan Riggs, AICP
GroundPrint, LLC
Acting as a Consultant for the Downtown Bozeman Partnership
CC: Chris Naumann, Executive Director, Downtown Bozeman Partnership (via email)
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