HomeMy WebLinkAbout19- Ordinance 2014 2019 Unified Development Code (UDC) Text Amendments { . . $ �<
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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 38.350.050.11 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 38.360.210.11 TO CLARIFY BUILDING
ENTRANCES MUST FACE THE STREET; REVISE TABLE 38.510.030.0 TO CLARIFY
APPLICABILITY; REVISE TABLE 38.510.030.0 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.
Page 1 of 22
Ordinance 2014, 2019 UDC Text Amendments
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 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 I
That table 38.220.420, Notice requirements for application processing, BMC be amended as
follows:
Page 2 of 22
Ordinance 2014, 2019 UDC Text Amendments
Preliminary site plan and master site plan, o s„eeta „se permA+
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.
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.
__.
Zoning district
iTse type/standard R S R 1 R 2 R 3 R 4 R 5� ,,R O RlVi
Single-household -000} 888} -l09� 4 0001- 4 OOOi�
dwelling 4,0001 4,0001 4,0001 5;009} 900} 3,0001 [4,000' 3,0001
Single-household
dwelling (only for
dwellings to satisfy
minimum 2,700 2,700 2,700 2,700 2,700 2,700 2,700 2,700
requirements of
division 38.380 of
this chapter)
5;02 550 15-02 550
Two-household €i,908 i� i �02 550
dwellings 2,500' OFr800 0� 800 0 63,000 -
Two household
dwellings (only for 2,500 2,500 2,500 2,500 2,500 -
dwellings to satisfy
minimum
Page 3 of 22
Ordinance 2014, 2019 UDC Text Amendments
Zoning district
Use type/standard R-S R 1 R-2 R 3 R-4 R-5 R-O RMH
requirements of
division 38.380 of
this chapter)
!Lot area per
dwelling in three-
or four-household - - - 3,000 3,000 None 3,000 " -
dwelling
configurations
I ___. _�_ _
Lot area per
� _ _._ ._,w_ ___.__ M __,�___ , _ -_ _
dwelling in three-
or four-household
dwelling
configurations
- - 2,500 2,500 None 2,500
(only for dwellings,to satisfy minimum
requirements of
division 38.380 of
this chapter)
Townhouses &
- - 3,0003 3,0004 30004 None 30004
rowhouses -
Townhouses &
rowhouses (only
for dwellings to
satisfy minimum 2,5004 ' 2,5004 2,5004 2,5004 2,5004 None 25004 1 2,500
requirements of
division 38.380 of
this chapter)
Apartments -first
__[
dwelling
-�"
000 None 5,000 -
Apartments - each
dwelling after the - - - - 1,200 None 1,200 -
first
Apartments - each
dwelling after the - - 900 None 900 -
Page 4 of 22
Ordinance 2014, 2019 UDC Text Amendments
Zoning district
Usetype/standard, R S R-1 R 2 k .R 3 R 4 R-5 R O �RMH
first (only for
dwellings to satisfy
minimum
requirements of
division 3 8.3 80 of
this chapter)
Additional area
required for an 1,0001 1,000 1,000 1,000 1,000 None 1,000 -
accessory dwelling
unit
--[All other uses 5,000' 5,000' t- ,----5,0001 5,0001 5,0001 None 5 0001 5,0001
a�mumlo�are��n� acne 8�3��`-02
--t
Residential use - "—F-- -F— 2.56 j 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 adjaeent to an alley and vehicle aeoess is taken only from that alley.
32. Per townhouse lot or rowhouse dwelling.
43. 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.
65. 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.
Page 5 of 22
Ordinance 2014, 2019 UDC Text Amendments
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:
J. DVhere a code reference or link appears after the form and intenstytopc,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.<
Zones
Standard Commercial Zoning Districts
Industrial Zoning ,
Districts
UM(J PLI.0 NEHM[7
B-1 B-2 B 2M 8=3BP
Minimum lot ---area(square 1
feet) 5,000 — - - — 43,560 7,500 — — 5,000
(38.320.020.A)
I
Minimum lot
width(feet) 50 100 — — 150 75 100 — 502
(38.320.020.A)
Maximum lot
100% 100% 40%
coverage 3 100% 100% 100% 4 60% 100% 100% - 100% ,
(38.320.020.C)
Page 6 of 22
Ordinance 2014, 2019 UDC Teat Amendments
Minimum floor
area ratio 0.50 — —
(38.320.020.C)
I
Biuld�ng height standalyds�{feet) (38 320 020�) , ,
Minimum
i 22 6 �.
building height
Maximum Variable 55/70
buildin he ht s 9 55 10 45 45 — 45
g g I
Minimum floor 13 13 13 13 13 — — — — —
to ceiling height — — — — — — — — — —
Roof pitch< 34 387 38 7
3:12
Roof pitch 38 44 7 44
3:12 or>
Front setback provisions are set forth
Front Setback in the block frontage standards in 25 11,17 2011 2011 0 12 2011
division 38.510.
r Setback to an
individual — 20 20 20 — — — — — 20
garage oriented
to the street
Rear Setback 10 10 10 13 _ 0 1s 0 2017 3 3 0 12 315
Side Setback 5 14 5 14 5 14 0 1s 0 14 3 14 3 14 0 12 3
I
Side or Rear 5 5 5 5 5 5 5 5 5
Setback
Page 7 of 22
Ordinance 2014, 2019 UDC Text Amendments
Adj ace to
Alley
i
Parking &
Note Note
loading areas 15 15
(feet)
Front Setback
Note Note Note 11 Note Note Note Note Note
a 11 11 11 11 11 11
Rear Setback 10 16 �'i0 16 5 16 0 17 _
i
Side Setback 8 16 8 16 5 16 0
Garagesd specialalrkin audaxds
u _ a vv aw_
Residential _ Note Note 18 Note _ _ _ Note 18
Garages 18 18
Special Parking Note Note Note 19, Note Note Note Note Note 20
Standards 19,20 19,20 20 20 19,20 20 19,20 19,20 Note
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 3 8.3 80 must not be less
than 3-,889 2,700 square feet per detached single-household dwelling and 2,500
square feet per attached dwelling.
2. No lot width ffmst be less flian 50 feet exeW lot Mdth for tovinhomes and lots Or-
dwellings satisfying the requiremepAs of division 3 8.3 80, whieh may not be less than 3-0
3. In the B I district, the footpfinl of individual buildings must not exeeed 5,000 square
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.
Page 8 of 22
Ordinance 2014,2019 UDC Text Amendments
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:
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 seetioir 38.230.100.
11. Front setback provisions are set forth in the block frontage standards in division
38.510 and in soar 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 pia 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 seetier
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.
Page 9 of 22
Ordinance 2014, 2019 UDC Text Amendments
Section 4
That anew 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
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, mqy project up to five feet into the
front setback area except where front setback utility easements prevent such
projects;
4. Per-ohes and eevered entries in the R 5 distr4et may pr-ejeet up to six feet into the
front sethaek af ea exeept where ffei# se-tbaek utility easements prevent sue
pr
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;
Page 10 of 22
Ordinance 2014, 2019 UDC Text Amendments
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 38.350.050.13, Setback and height encroachments, limitations and exceptions, BMC,
shall be amended as follows:
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.1-n
luste s , districts permitting sue sueh 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 reE}uifed front facade of the building liffe. On a corner lot with two
streets the accessory building must be placed behind both front fagades 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.
Page 11 of 22
Ordinance 2014, 2019 UDC Text Amendments
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
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- RMH REMU
Detached
ADU2&3 S S P P P P _- P
Attached
ADU2,3&4 P P P P P P P
Page 12 of 22
Ordinance 2014, 2019 UDC Text Amendments
Owner Not Not Not Not Not
occupied Yes' Yes' required required required required required
The following ADU standards apply to all zoning districts:
Occupancy limit 2 persons
Deviations No
# of ADU per lot One
ADU's are permitted above accessory buildings and on the ground
Location floor. Ground floor ADUs require alley access.
In addition to the parking required for the principal residence, one
paved off-street parking space is required for the exclusive use of the
Parking requirement 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.
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
Unit size 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.
Detached ADUs, including second story additions on detached
garages may be approved only if found compatible and consistent with
Design the existing character and fabric of the neighborhood. The review
requirements 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.
Notwithstanding the limitations in 38.360.030.G, a detached ADU
Height limit may exceed the height of the principal building but may not exceed 22
feet in height.
Garages may not be converted for use as ADUs unless all required
Garage conversions
parking for all uses on the lot is otherwise provided prior to
conversion. However, ADUs may be placed above garages except
where otherwise noted.
A permit for an ADU will not be granted unless the lot has been
Minimum standards configured to accept an ADU with adequate lot area, utility services,
or "no guarantee" and compliance with setbacks and height standards.
Page 13 of 22
Ordinance 2014, 2019 UDC Text Amendments
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
limited to a binding deed restriction or covenant enforcing the single rental restriction as
allowed in sew 38.270.080.13, as a condition of approval.
2. Any ADU created within an accessory building is subject to the limitations of seetio
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 mews,,,dwelling un4 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 fagade different than that of the main entry.
Section 9
That Section 38.360.210.13, 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:
Page 14 of 22
Ordinance 2014, 2019 UDC Text Amendments
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:
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 ehapter-s 1 t4ough ^ of
the design bj eetives plan established r „t to division 3 8.3 40 the design standards
herein and the designated block frontage in section 38.510.030. In the event of a
conflict between the design objeetives planblock 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 3 8.5 00 (Block Frontage Standards)take precedence over any
conflicting provisions of division 3 8.3 40 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.
Page 15 of 22
Ordinance 2014, 2019 UDC Text Amendments
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. Par-king garages that provide this
lining of retail, offiee, of residential use at the st-feet level are elassified as
mixed i buildings.
e
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 fagade. This may be achieved with
windows, displays, building lobbies, building entrances, display windows, or
windows affording views into retail, ofnee, ^r lobby spaees 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.
43. 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 fagade, 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.
Page 16 of 22
Ordinance 2014, 2019 UDC Text Amendments
910. If an alleyijacent to site, access must be taken from that alley. Access to a
street may be considered by the review authority.
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
City Engineer may request a Pedestrian Safety Plan for parking facilities with
less than 100 parking spaces.
4-0 12. Parking entrance(s) may not account for more than 25% of entire building
facade.
-fit 13. Parking entrance(s) must not be located central to the building facade.
Section 13
That section 38.540.050.A.1.a. Number of parking spaces required, BMC, shall be amended as
follows:
A.La. 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 ..,,,,.be f of disabled
Parking stalls required pursuant to the Americans with Disabilities Act or other similar
federal or state law as by able 3 Q c4 n 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 3 8.540.050.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.
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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.
a. Bieyele parking f4eilities must eemply wi4h standafds in the eity's long range
transportation plan.
b a.Required bicycle parking must be provided in a safe, accessible and convenient
location. Directional signage must be installed when bicycle parking facilities are
not readily visible from the street, sidewalk, or main building entrance. Installation
of bicycle parking must allow for adequate clearance for bicycles and their riders.
s 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 reasonablyguarded 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:
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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 provided within a building, but the location must be
easily accessible.
4) Up to 50 percent or 12 spaces,whichever is less, of required bicycle parking may
be located in a required setbacks). 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
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 bic_leparking. 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
visibili with one arse an, other 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 anyaadjoining dwelling units.
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Townhouse cluster. A building consisting of three or more„o ,,,,r,.,s,,unieafin , attaehed 0
housoholfl dwelling units, each meeting the definition of a townhouse,placed side-by-side and/or
back-to-back, ,
adjacent dwelling units.
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.
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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 61h day of May, 2019.
CYN IA D
Mayor
ATTEST: BOZO
.1" 0 #008440*
• .a� • •
ROBIN CROUGH
City Clerk 188 •p
�TtN co rti
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 3`d day of
June, 2019. The effective date of this ordinance is July 3, 2019.
CYN L. DRUS
Mayor
ATTEST: ,���•B�Z�'
•
wu • it
ROBIN CROUGH p•� 8a3 •• Q
City Clerk ��L•• • • • • •�o ''
` TIN CO,S1
APPROVED AS TO FORM:
GRE LIV
City Attorney
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