HomeMy WebLinkAboutDRB Member Guide - 2019
Design Review Board
Member Guide 2019
DRB MEMBER GUIDE SECTIONS:
1) DESIGN REVIEW BOARD (DRB) MEMBER GUIDE
2) ESTABLISHMENT AND DUTIES
3) PLAN REVIEW CRITERIA
4) UDC CH. 38 | ARTICLE 5: PROJECT DESIGN
5) DRB AND ROBERT’S RULES OF ORDER
6) CITY ATTORNEY ADVISORY BOARD GUIDANCE
7) STAFF REPORT EXAMPLE
8) DRB AGENDA & MINUTES EXAMPLES
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Design Review Board (DRB) Member Guide WHO The Design Review Board is an advisory body. They make recommendations to either the City Commission or Director of Community Development as to whether a project meets the required standards of the Bozeman Municipal Code. The focus of the DRB review are the aesthetic considerations of a project. The aesthetic focus is on the project’s compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development relative to: architectural design, building mass, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration.
WHAT The Design Review Board members are appointed by the City Commission to serve rotating terms. An appointment to a term of service on the DRB is for two years. The board includes six professional member positions and two non-professional members. Professional members must be degreed in their respective disciplines (architecture, landscape, historic preservation) and/or otherwise licensed or certified by their respective professional authorities. Design Review Board Powers and Duties are located in Bozeman Municipal Code Section 2.05.3000. A. The design review board (DRB) is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the review authority, subject to the provisions of chapter 38. B. The DRB shall act as an advisory body to the review authority for: 1. Development applications meeting one or more of the thresholds of section 38.230.040.C.; 2. Planned unit developments; and 3. Appeals from administrative design review (ADR) decisions. ADR staff are the planning division staff members with experience in architecture, landscape and design review. 4. When proposals for reuse, change in use or further development of a site are located in the neighborhood conservation overlay district, review by the DRB may be
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required to determine whether resubmittal as a new application is necessary in accordance with section 38.230.160.; 5. The DRB may be requested to review the following development projects within the neighborhood conservation overlay district: new construction, alterations to existing structures, movement of structures into or out of the neighborhood conservation overlay district, or demolition of structures by any means or process in accordance with 38.340.A. 6. The DRB must review any tax abatement or other incentive programs being considered by the city commission that are designed to stimulate preservation and rehabilitation of structures and properties with the neighborhood conservation district, and to review any proposed action or development utilizing these abatement or incentive programs in accordance with section 38.340.020. 7. The Director of Community Development may require that any project be sent to the DRB for design input and a recommendation in order to assist them in their decision making. The board is required to complete ethics training every year according to the Bozeman Municipal Code and City Charter. See Section 2.03.460. The board meetings are attended by a City Commission liaison. The Commission liaison may participate in the discussion and ask questions, but is not a voting member of the DRB. The board is under the responsibility of the planning division. A planning division staff liaison is provided to the board to assist in rule making, training, organization and other support. The staff liaison is not a voting member of the DRB. After members are appointed by the City Commission they may attend meetings. A new member may not vote on a motion or formal application during their attendance at two meetings following their appointment. The members may attend meetings, ask questions, participate in discussions and provide comments on informal applications during the two meeting period. After the new member’s attendance at two meetings, they have the full rights and privilege of all members at their third meeting and may vote on any motions. WHEN The Design Review Board meets as needed. The Board meets on the second and fourth Wednesdays of each month if there are projects to review. If there are no projects for review and the staff liaison has no other business for the DRB the meeting may be canceled. An agenda, project applications, staff reports, prior meeting minutes and any other materials are distributed electronically to the Board the Thursday or Friday prior to the Wednesday Board meeting. The Municipal Code does not require that projects be noticed to the public prior to the meeting other than the posting of the Board agenda on the City’s website through the events calendar and at City Hall.
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WHERE The Board meets at 5:30pm in the City Commission Room at City Hall, 121 North Rouse Avenue Bozeman, Montana 59715. Most meetings are televised and streamed live. Board members are encouraged to make site visits to the project locations for the applications under review in order to review the project’s neighborhood, context and vicinity. WHY The Design Review Board gives the community a role and voice in large project reviews of a size that may have an impact on the City. While the city’s planning division staff administer the majority of project design reviews that occur in the city, the City Commission has chosen through the unified development code to require the input of the community’s design professionals and nonprofessionals in the more significant (by size) projects. The perspective of the community’s design professionals is different than city staff due to their unique individual backgrounds. The city’s strategic plan includes vision statements that support the use of advisory boards to enhance community engagement and to assist and implement a high quality urban approach as part of a well planned city. This includes supporting high quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods.
HOW The two primary duties of the DRB are to review planned unit development proposals and development applications that primarily consist of site plan applications to construct new buildings and projects. For site plan applications, if the following thresholds are met the application is reviewed by the DRB prior to a decision by the review authority: 1. Forty-five or more dwelling units; 2. Thirty thousand or more square feet of office space, retail commercial space, service commercial space or industrial space; 3. Four stories or more; 4. Twenty thousand or more square feet of exterior storage of materials or goods; 5. Parking for more than 90 vehicles. Development applications include both informal and formal reviews. The city provides an informal process wherein a project can submit early in the design development process for city feedback prior to submitting a formal application. At the informal review step the DRB provides comments and feedback to applicants so that they may better prepare for their
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formal review. The step is optional and is not required for site plans. It is a required step for planned unit developments and is known as a PUD concept plan review. All PUD concept plans are reviewed by the DRB. Formal development applications that meet project thresholds or other criteria for DRB review require that the DRB review the project for conformance to City standards for development with a focus on the aesthetic considerations. The DRB must review the project to provide a formal recommendation to the review authority. The review authority is either the City Commission or Director of Community Development depending or project type. The board elects a new chairperson and vice chairperson when necessary. The board meetings are conducted according to Robert’s Rules of Order. The board meetings are conducted by the chairperson or vice chairperson if the chair is absent. The Chair conducts the meetings in the following order: A. Call to Order and Roll Call B. Changes to the Agenda C. Minutes D. General Public Comment E. Action Items F. Non Action Items G. FYI/Discussion H. Adjournment The action items part of the agenda includes all the project reviews wherein the DRB is required to provide either comments (informal applications) or a recommendation from the entire board (formal development applications). The chair conducts the action items reviews in the following order: A. Introduction of Item B. Staff Report and Presentation C. Applicant Presentation D. DRB member questions to planning staff and application E. Public Comment F. Motion G. DRB member discussion/debate H. Vote A staff report is provided for every application. For informal applications the project planner provides a general discussion of the application and areas of DRB focus and discussion as determined by the planner’s review of the project. No motions or votes occur during informal reviews.
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For formal applications, the project planner reviews the project according to the city’s adopted standards and provides statements and facts (findings) on the application as to whether it complies with city standards or not. A motion and vote will occur on each formal project that will determine whether the DRB finds that the project complies with standards or not and whether the application is recommended for approval. It is the role of the DRB to review these reports and the project application materials and provide comments on the project for informal reviews or participate in a recommendation from the board for formal applications. The focus of every review and the DRB’s comments and recommendation are whether the application, as designed, meets the standards required for the application. These standards differ depending on project type, but are provided for each application in the staff report. Per Robert’s Rules of Order a motion and vote of a quorum of DRB members (minimum four members) are required for formal application reviews. The motions are typically stated: “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 19999 and move to recommend approval of the Purple Onion Site Plan and Certificate of Appropriateness application subject to conditions and all applicable code provisions.” A motion may be modified by members per Robert’s Rules of Order. If a new condition is added to a project a finding must be added to the record and be discussed and adopted during the debate/discussion and prior to the vote. A digital recording is kept of every meeting. Minutes are produced from that recording that focus on the actions during the meeting and reference the timestamp in the video recording for reference. The minutes are provided to the review authority prior to a final decision on the project. The rules require that the DRB approve the minutes at the following meeting and correct any errors that may be present. The minutes are kept in the planning division records per state statute requirements. Board members are expected to attend the meetings. If members expect an absence they must let the planning administrative assistant and planning staff liaison know if they will not be able to attend. Much of the DRB’s review requires a quorum (minimum four members) in attendance at each meeting. TIPS FOR COMMENTS AND DISCUSSION 1. Do not talk about economics, costs, or business suggestions for the applicant. 2. Do not challenge the motives of the application/developer.
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3. Do not challenge the motives of the designer or ask leading questions not related to the review criteria. 4. Do not refer to other projects and make comparisons. Each project is reviewed in its own context and on its own merits. 5. Refer to the code standards and design guidelines (NCOD) when making comments. Provide specific examples in simple sentences. 6. Use “this project” or “this application” in discussion to reference the review. 7. Try to refrain from using “I like” or “I do not like” or “I think” language when talking about the project/application. 8. Use this language after you say “I find…”: a. “project works” or b. “project meets standards” or c. “project complies” or d. “project doesn’t work with the standards” or e. “project does not meet this standard” or f. “project does not comply” And then state why… 9. Provide findings for your comments. Findings are simple factual statements. Get in the regular habit of saying “I find…” before your statements. For example. a. “The project is two stories at the street level and relates well to the buildings across the street. This building integrates well into this neighborhood.” b. “The landscaping in the open space includes a sports court, seating, lighting, and a diversity of planting area and provides multiple areas for people to interact. This design meets standards.” c. The mechanical equipment is located within the roof form of the building and is well integrated in the architectural design. This will not be seen by the public and meets standards.” d. The building façade includes multiple materials, is well articulated and includes windows with trim that lessen the mass and scale of the building.” 10. Provide findings about the context of the project (site location and neighborhood) and Bozeman as a city. 11. If you support staff findings in the report say so. If there is a staff finding you do not agree with, call it out and say which one and why you do not agree, if appropriate. If you have additional findings of your own clearly state them. 12. Provide comments on the positive aspects of the project. Staff does not call out directly the positive aspects and each specific area of the project that complies with the guidelines/code in the staff report, but limits the report findings to areas where a project does not meet guidelines. 13. If concurring with the rest of the DRB still state one item that works and one thing that doesn’t work (of applicable) in your discussion of the motion or informal review comments.
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Attachments: A-Pertinent Bozeman Municipal Code Sections for DRB establishment and duties B-Plan Review Criteria, Article 2, Division 38 Bozeman Municipal Code C-Project Design, Article 5, Division 38 of the Bozeman Municipal Code D-DRB and Robert’s Rules of Order E-City Attorney’s Board Guidance-Duties and Meetings F-Typical site plan report G-Typical minutes H-Typical agenda Version: February, 2019
DIVISION 18. - DESIGN REVIEW BOARD
Sec. 2.05.3000. - Established—Powers and duties.
A. The design review board (DRB) is established to evaluate aesthetic considerations of larger and
more complex proposals which are likely to produce significant community impact and to provide
recommendations regarding such proposals to the review authority, subject to the provisions of
chapter 38.
B. The DRB shall act as an advisory body to the review authority for:
1. Development applications meeting one or more of the thresholds of section 38.230.040.C.;
2. Planned unit developments; and
3. Appeals from ADR decisions.
C. The DRB may develop, and after adoption by the city commission, apply specific guidelines related
to such concerns as architectural appearance, landscape design and signage for the construction
and/or alteration of structures, sites or areas;
D. When proposals for reuse, change in use or further development of a site are located in the
neighborhood conservation overlay district, review by the DRB may be required to determine
whether resubmittal as a new application is necessary in accordance with section 38.230.160.;
E. The DRB may be requested to review the following development projects within the neighborhood
conservation overlay district: new construction, alterations to existing structures, movement of
structures into or out of the neighborhood conservation overlay district, or demolition of structures by
any means or process in accordance with 38.340.A.
F. The DRB must review any tax abatement or other incentive programs being considered by the city
commission that are designed to stimulate preservation and rehabilitation of structures and
properties with the neighborhood conservation district, and to review any proposed action or
development utilizing these abatement or incentive programs in accordance with section 38.340.020.
(Ord. No. 1830, § 1, 9-24-2012; Ord. No. 1998 , § 2, 4-23-2018)
Sec. 2.05.3010. - Composition.
A. The DRB shall consist of six professional and two nonprofessional members. Professional members
shall be degreed in their respective disciplines and/or otherwise licensed or certified by their
respective professional authorities. An appointment to a term of service on the DRB is for two years.
The professional contingent shall consist of three architects and at least one architectural historian,
and at least one landscape architect or landscape designer. At least one of the professional
members shall have demonstrated expertise in urban design. Nonprofessional members shall be
individuals with an interest in, or knowledge of, urban design or historic preservation. No member of
the DRB shall serve concurrently as a member of the planning board or zoning commission. A
quorum of the DRB shall be four voting members and one of the members constituting the quorum
must be an architect. In the event a quorum of the DRB may not otherwise be attained, the ADR staff
may serve as alternates to prevent delay in project reviews.
B. In selecting the members, the city commission shall give preference to residents of the city.
However, where a qualified professional resident is not available to serve, the city commission may
appoint a professional member who practices professionally, owns property or owns a business
within the city. Where a nonprofessional resident is not available to serve, the city commission may
appoint a nonprofessional member who works, owns property or owns a business within the city.
(Ord. No. 1830, § 1, 9-24-2012)
Sec. 2.05.3020. - Procedures.
To implement the purpose of the DRB, certain procedures shall be adopted to include, but not be
limited to, a regularly scheduled weekly or biweekly meeting attended by members of the DRB. Written
meeting reviews setting forth decisions and findings shall be made. These records shall be preserved as
part of the official proceedings for each developmental proposal. Lastly, the DRB shall generally follow
"Robert's Rules of Order" and may prepare and adopt supplemental procedural rules, subject to the
approval of the city commission, that will ensure the accomplishment of the stated purpose and promote
the efficiency and effectiveness of the design review process.
(Ord. No. 1830, § 1, 9-24-2012)
Secs. 2.05.3030—2.05.3090. - Reserved.
Sec. 38.230.040. - DRB review thresholds.
A. The review authorities are established in section 38.200.010 and as may be specified elsewhere in
this chapter.
B. The development review committee, design review board, and wetlands review board have the
advisory authority established in division 38.200 of this chapter.
C. DRB review thresholds. When a development is subject to design review and meets one or more of
the following thresholds the design review board must conduct the design review:
1. Forty-five or more dwelling units;
2. Thirty thousand or more square feet of office space, retail commercial space, service
commercial space or industrial space;
3. Four stories or more;
4. Twenty thousand or more square feet of exterior storage of materials or goods;
5. Parking for more than 90 vehicles.
(Order No. 2018-01 , § 1, 4-18-2018)
Sec. 38.230.100. - Plan review criteria.
A. In considering applications for plan approval under this chapter, the review authority and advisory
bodies must consider the following criteria. When considering the criteria for future phases of a
master site plan, other than those for criteria 1—3, the evaluation may be of a more generalized
demonstration of compliance, recognizing that a subsequent site plan will be submitted in the future
which will provide evidence of specific compliance. See division 38.220 of this chapter for required
submittal materials.
1. Conformance to and consistency with the city's adopted growth policy;
2. Conformance to this chapter, including the cessation of any current violations;
3. Conformance with all other applicable laws, ordinances and regulations;
4. Conformance with special review criteria for applicable permit type as specified in article 2;
5. Conformance with the zoning provisions of article 3, including:
a. Permitted uses (division 38.310);
b. Form and intensity standards (division 38.320);
c. Applicable zone specific or overlay standards (divisions 38.330-340);
d. General land use standards and requirements (division 38.350);
e. Applicable supplemental use criteria (division 38.360);
f. Wireless facilities and/or affordable housing provisions (divisions 38.370-380) if applicable;
6. Conformance with the community design provisions of article 4, including:
a. Transportation facilities and access (division 38.400), notably:
(1) The impact of the proposal on the existing and anticipated traffic and parking
conditions;
(2) Pedestrian and vehicular ingress, egress and circulation, including:
(a) Design of the pedestrian and vehicular circulation systems to assure that
pedestrians and vehicles can move safely and easily both within the site and
between properties and activities within the neighborhood area;
(b) Non-automotive transportation and circulation systems design features to
enhance convenience and safety across parking lots and streets, including, but
not limited to, paving patterns, grade differences, landscaping and lighting;
(c) Adequate connection and integration of the pedestrian and vehicular
transportation systems to the systems in adjacent developments and general
community; and
(d) Dedication of right-of-way or easements necessary for streets and similar
transportation facilities;
(3) Loading and unloading areas;
b. Community design and element provisions (division 38.410), notably:
(1) Lot and block standards;
(2) Provisions for utilities, including efficient public services and facilities;
(3) Site surface drainage and stormwater control;
(4) Grading;
c. Park and recreational requirements (division 38.420);
7. Conformance with the project design provisions of article 5, including:
a. Compatibility with, and sensitivity to, the immediate environment of the site and the
adjacent neighborhoods and other approved development relative to architectural design,
building mass, neighborhood identity, landscaping, historical character, orientation of
buildings on the site and visual integration;
b. Design and arrangement of the elements of the plan (e.g., buildings, circulation, open
space and landscaping, etc.) so that activities are integrated with the organizational
scheme of the community, neighborhood, and other approved development and produce
an efficient, functionally organized and cohesive development;
c. Design and arrangement of elements of the plan (e.g., buildings circulation, open space
and landscaping, etc.) in harmony with the existing natural topography, natural water
bodies and water courses, existing vegetation, and to contribute to the overall aesthetic
quality of the site configuration;
d. Landscaping, including the enhancement of buildings, the appearance of vehicular use,
open space and pedestrian areas, and the preservation or replacement of natural
vegetation;
e. Open space, including:
f. Lighting;
g. Signage;
8. Conformance with environmental and open space objectives set forth in articles 4—6, including:
a. The enhancement of the natural environment (e.g., through low impact development
stormwater features or removal of inappropriate fill material);
b. Watercourse and wetland protections and associated wildlife habitats; and
c. If the development is adjacent to an existing or approved public park or public open space
area, have provisions been made in the plan to avoid interfering with public access to and
use of that area;
9. Conformance with the natural resource protection provisions of article 4 and article 6.
10. Other related matters, including relevant comment from affected parties.
11. If the development includes multiple lots that are interdependent for circulation or other means
of addressing requirements of this chapter, whether the lots are either:
a. Configured so that the sale of individual lots will not alter the approved configuration or use
of the property or cause the development to become nonconforming; or
b. The subject of reciprocal and perpetual easements or other agreements to which the city is
a party so that the sale of individual lots will not cause one or more elements of the
development to become nonconforming; and
12. Phasing of items listed in section 38.230.020.B, including but not limited to buildings and
infrastructure.
B. If the review authority, after recommendation from the applicable advisory bodies, determines the
proposed plan will not be detrimental to the health, safety or welfare of the community, is in
compliance with the requirements of this chapter, and is in harmony with the purposes and intent of
this chapter and the Bozeman growth policy, the review authority must approve the proposed plan
and may require conditions and safeguards that must be met prior to final approval as deemed
necessary. Notice of action must be given in writing.
C. Plan approval may be denied upon a determination the application does not meet the criteria of this
section. Persons objecting to the recommendations of review bodies carry the burden of proof. A
denial of approval must be in writing.
D. Following approval of a master site plan, the applicant must submit to the community development
department, sequential individual site plans for specific areas within the master site plan. Each
subsequent application for a site plan must be consistent with the approved master site plan and
subject to the review criteria set forth in subsection A above. Evidence that the review criteria have
been met through the master site plan review process may be incorporated by reference in order to
eliminate duplication of review.
Contents
ARTICLE 5. - PROJECT DESIGN ........................................................................................................... 5
DIVISION 38.500. - INTRODUCTION ................................................................................................ 5
Sec. 38.500.010. - Purpose. ............................................................................................................. 5
Sec. 38.500.020. - Applicability and compliance. .......................................................................... 5
DIVISION 38.510. - BLOCK FRONTAGE STANDARDS................................................................. 8
Sec. 38.510.010. - Introduction. ....................................................................................................... 8
Sec. 38.510.020. - Community design framework maps and standards. .................................. 8
Sec. 38.510.030. - Block frontage standards. ................................................................................ 9
DIVISION 38.520. - SITE PLANNING AND DESIGN ELEMENTS .............................................. 27
Sec. 38.520.010. - Purpose. ........................................................................................................... 27
Sec. 38.520.020. - Applicability and compliance. ........................................................................ 27
Sec. 38.520.030. - Relationship to adjacent properties. ............................................................ 28
Sec. 38.520.040. - Non-motorized circulation and design. ........................................................ 29
Sec. 38.520.050. - Vehicular circulation and parking. ................................................................ 35
Sec. 38.520.060. - On-site residential open space. .................................................................... 38
Sec. 38.520.070. - Location and design of service areas and mechanical equipment. ........ 43
DIVISION 38.530. - BUILDING DESIGN .......................................................................................... 48
Sec. 38.530.010. - Purpose. ........................................................................................................... 48
Sec. 38.530.020. - Applicability and compliance. ........................................................................ 48
Sec. 38.530.030. - Building character. .......................................................................................... 49
Sec. 38.530.040. - Building massing and articulation. ............................................................... 49
Sec. 38.530.050. - Building details. ............................................................................................... 55
Sec. 38.530.060. - Building materials. .......................................................................................... 58
Sec. 38.530.070. - Blank wall treatments. .................................................................................... 61
DIVISION 38.540. - PARKING ........................................................................................................... 63
Sec. 38.540.010. - General provisions. ........................................................................................ 63
Sec. 38.540.020. - Stall, aisle and driveway design. .................................................................. 64
Sec. 38.540.030. - Structured parking facility development standards. .................................. 70
Sec. 38.540.040. - Maintenance of parking areas. ..................................................................... 71
Sec. 38.540.050. - Number of parking spaces required. ........................................................... 71
Sec. 38.540.060. - Joint use of parking facilities. ........................................................................ 80
Sec. 38.540.070. - Off-site parking. ............................................................................................... 80
Sec. 38.540.080. - Off-street loading berth requirements. ......................................................... 81
DIVISION 38.550. - LANDSCAPING ................................................................................................ 82
Sec. 38.550.010. - Purpose and intent. ........................................................................................ 82
Sec. 38.550.020. - Interpretation and scope. ............................................................................... 82
Sec. 38.550.030. - General landscaping provisions. .................................................................. 83
Sec. 38.550.040. - Landscape plan review. ................................................................................. 83
Sec. 38.550.050. - Mandatory landscaping provisions. ............................................................. 83
Sec. 38.550.060. - Landscape performance standards. ............................................................ 89
Sec. 38.550.070. - Landscaping of public lands. ........................................................................ 92
Sec. 38.550.080. - Departure from landscaping requirements. ................................................ 93
Sec. 38.550.090. - Landscaping completion. ............................................................................... 93
Sec. 38.550.100. - General maintenance. .................................................................................... 93
DIVISION 38.560. - SIGNS[4] .............................................................................................................. 94
Sec. 38.560.010. - Intent and purpose. ........................................................................................ 94
Sec. 38.560.020. - Sign permit requirements. ............................................................................. 95
Sec. 38.560.030. - Prohibited signs. ............................................................................................. 95
Sec. 38.560.040. - Permitted temporary and special event signs. ........................................... 95
Sec. 38.560.050. - Signs exempt from permit requirements. .................................................... 96
Sec. 38.560.060. - Signs permitted upon the issuance of a sign permit. ................................ 97
Sec. 38.560.070. - Wayfinding signage. ..................................................................................... 100
Sec. 38.560.080. - Comprehensive sign plan. ........................................................................... 102
Sec. 38.560.090. - Multi-tenant complexes with less than 100,000 square feet of ground
floor area.......................................................................................................................................... 102
Sec. 38.560.100. - Multi-tenant complexes with more than 100,000 square feet of ground
floor area.......................................................................................................................................... 103
Sec. 38.560.110. - Indoor shopping mall complexes with more than 100,000 square feet of
ground floor area. ........................................................................................................................... 103
Sec. 38.560.120. - Illumination..................................................................................................... 103
Sec. 38.560.130. - Street vision triangles. .................................................................................. 104
Sec. 38.560.140. - Required address signs. .............................................................................. 104
Sec. 38.560.150. - Billboards and other off-premises advertising. ......................................... 104
Sec. 38.560.160. - Signs erected in conjunction with nonprofit activities on public property.
.......................................................................................................................................................... 104
Sec. 38.560.170. - Historic or culturally significant signs. ........................................................ 104
Sec. 38.560.180. - Application. .................................................................................................... 104
Sec. 38.560.190. - Maintenance of permitted signs. ................................................................ 105
Sec. 38.560.200. - Nonconforming signs. .................................................................................. 106
Sec. 38.560.210. - Substitution. ................................................................................................... 106
Sec. 38.560.220. - Severability. ................................................................................................... 106
DIVISION 38.570. - LIGHTING ........................................................................................................ 106
Sec. 38.570.010. - Purpose. ......................................................................................................... 106
Sec. 38.570.020. - General........................................................................................................... 107
Sec. 38.570.030. - Street lighting. ............................................................................................... 107
Sec. 38.570.040. - Site lighting. ................................................................................................... 107
Sec. 38.570.050. - Sports and athletic field lighting.................................................................. 111
Sec. 38.570.060. - Lighting specifications for all lighting. ........................................................ 111
Sec. 38.570.070. - Historic lighting. ............................................................................................. 111
Sec. 38.570.080. - Post installation inspection. ......................................................................... 111
Sec. 38.570.090. - Compliance monitoring. ............................................................................... 111
Sec. 38.570.100. - Nuisance glare and inadequate illumination levels. ................................ 111
Sec. 38.570.110. - Nonconforming lighting. ............................................................................... 111
ARTICLE 5. - PROJECT DESIGN
DIVISION 38.500. - INTRODUCTION
Sec. 38.500.010. - Purpose.
This article implements the Bozeman's growth policy. Overall, this article:
A. Provides clear objectives for those embarking on the planning and design of development
projects in Bozeman;
B. Preserves and protects the public health, safety, and welfare of the citizens of Bozeman;
C. Ensures that new commercial and multi-household development is of high quality and
beneficially contributes to Bozeman's character;
D. Ensures that new developments within existing neighborhoods are compatible with, and
enhance the character of Bozeman's neighborhoods;
E. Promotes an increase in walking and bicycling throughout the City;
F. Enhances the livability of Bozeman's residential developments;
G. Maintains and enhances property values within Bozeman.
Sec. 38.500.020. - Applicability and compliance.
The provisions in this article apply to development. However, since each division within it addresses
different design and development elements, the applicability of each division is clarified at the beginning
of the division. For instance, some divisions may only apply to new commercial and multi-household
development, while individual sections in division 38.540 only apply to specific housing types.
A. Relationship to other codes and documents. Where provisions of this article conflict with
provisions in any other section of the UDC, this article prevails unless otherwise noted.
Relationship with other notable design provisions and guidelines:
1. For sites within the city's established neighborhood conservation overlay district, the
provisions of division 38.340 supersede the provisions of this article. However, the review
authority may apply the provisions of this article in the event of a conflict, where the review
authority determines that the provisions herein help new development better meet the
purpose and intent of neighborhood conservation overlay district per section 38.340.010.
2. The director of community development will maintain a design manual to illustrate best
practices to implement the design standards of this chapter. The design manual is to assist
citizens and design professionals by providing visuals and illustrative examples of the
intent of the city's guidelines and regulations.
B. For building additions and remodels, three different thresholds have been established to gauge
how the project design standards in this article are applied to such projects. See figure
38.500.020 below for examples of site development and the respective types of improvements
required under each of the three levels of improvements.
1. Level I Improvements include all exterior remodels, building additions, and/or site
improvements commenced within a three-year period (based on the date of permit
issuance) that affect the exterior appearance of the building/site and/or increase the
building's area by up to 20 percent. The requirement for such improvements is that the
proposed improvements meet the standards and do not lead to further nonconformance
with the standards. For example, if a property owner decides to replace a building façade's
siding, then the siding must meet the applicable exterior building material standards, but
elements such as building articulation (see section 38.530.040) would not be required.
2. Level II Improvements include all improvements commenced within a three-year period
(based on the date of permit issuance) that increase the building's area by more than 20
percent, but not greater than 50 percent. All standards that do not involve repositioning the
building or reconfiguring site development apply to Level II Improvements. For example, if
a property owner of an existing home in the B-2 zoning district wants to convert the home
to an office and build an addition equaling 45 percent of the current building's area, then
the following requirements apply:
a. The location and design of the addition/remodel must be consistent with the block
frontage standards (division 38.510), which address building frontages, entries,
parking lot location, and front setback landscaping. For such developments seeking
additions to buildings where off-street parking location currently does not comply with
applicable parking location standards, building additions are allowed, provided they do
not increase any current nonconformity and generally bring the project closer into
conformance with the standards (see division 38.550, Parking).
b. Compliance with applicable site planning and design elements (division 38.520).
c. Compliance with all building design provisions of division 38.530, except architectural
scale and materials provisions related to the existing portion of the building where no
exterior changes are proposed. The entire building must comply with building
elements/details, materials, and blank wall treatment standards of section 38.540.070.
d. Compliance with the off-street parking, landscaping, signage, and lighting provisions
of divisions 38.550-580 that relate to proposed improvements.
3. Level III Improvements include all improvements commenced within a three-year period
(based on the date of permit issuance) that increase the building's area by more than 50
percent. Such developments must conform to all applicable standards. Site improvements
are addressed in sections 38.230.150 and 38.230.160.
Figure 38.500.020.
Examples of site development and the respective types of improvements required under each of the
three levels of improvements.
DIVISION 38.510. - BLOCK FRONTAGE STANDARDS
Sec. 38.510.010. - Introduction.
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 block frontage standards for individual properties depend on the type
of street that properties front onto, consider 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 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 38.510.030.K; and
2. Go to the appropriate code section in this division for the block frontage standards for applicable
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.
Sec. 38.510.020. - Community design framework maps and standards.
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.
F. Changes to the block frontage designation for new and existing streets may be made through the
Community Design Framework Master Plan per section 38.510.030.L.
G. 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.
Sec. 38.510.030. - Block frontage standards.
A. Summary chart. Table 38.510.030.A summarizes standards for each of the six designated block
frontage types. Specific standards for each of the block frontage types are set forth below:
Table 38.510.030.A.
Summary of block frontage standards.
B. Storefront block frontages.
1. Description/intent. Storefront block frontages are the most vibrant and active shopping and
dining areas within the city. Blocks designated as storefront blocks include continuous
storefronts placed along the sidewalk edge with small scale shops and/or frequent business
entries.
Figure 38.510.030.B.
Storefront vision and key standards.
2. Standards. All development as set forth in UDC 38.510.010.B on sites containing a storefront
block frontage designation must comply with the following standards (on applicable block
frontages):
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 13' minimum (applies to new buildings
height only).
Retail 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.
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.
3. Departure criteria. Departures to the above standards that feature the symbol will be considered
by the review authority (per section 38.250.060) provided the alternative proposal meets the
intent of the standards, plus the following criteria:
a. Retail space depth. Reduced depths 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 retail uses;
b. Façade transparency. The proposed alternative design treatment of façade area between
ground level windows provides visual interest to the pedestrian and mitigates impacts of
any blank wall areas. No less than 40 percent of the façade between 30 inches and ten
feet above the sidewalk may be approved with a departure;
c. Weather protection. Other proposed alternative design treatments must provide equivalent
weather protection benefits; and
d. Parking location. There must be an acceptable tradeoff in terms of the amount and quality
of storefront area that is integrated with the development and the applicable parking
location departure. Plus, the alternative must include design features to successfully
mitigate the visual impact of additional parking areas along designated storefront streets.
e. Sidewalk width. Alternative designs may be considered where topographical challenges
exist. Alternative designs must be able to accommodate safe and comfortable pedestrian
traffic anticipated for full block development.
C. Landscaped block frontages.
1. Description/intent. The landscaped block frontage designation emphasizes landscaped
frontages and clear pedestrian connections between buildings and the sidewalk. This
designation applies to all new and existing streets in applicable residential districts, plus
includes residential based streets and other streets in commercial/ mixed-use zoned areas
where special landscaped frontages are desired.
Figure 38.510.030.C.
Landscaped block frontage vision and key standards.
2. Standards. All development as set forth in section 38.510.010.B on sites containing a
landscaped block frontage designation must comply with the following standards (on applicable
block frontages):
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
See section 38.510.030.J for special
design provisions associated with
ground level residential uses adjacent to
district in division 38.220. 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 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 featurelandscaped 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.
3. Departure criteria. Departures to the above standards that feature the symbol will be considered
by the review authority (per section 38.250.060) provided the alternative proposal meets the
intent of the standards, plus the following criteria:
a. Building entrances. Block frontages with steep slopes and/or those facing busy arterial
streets and very limited pedestrian traffic may warrant some flexibility to this standard
(particularly in residential districts);
b. Façade transparency. The proposed alternative design treatment of façade area between
ground level windows provides visual interest to the pedestrian and mitigates impacts of
any blank wall areas. No less than 40 percent of the façade between 30 inches and ten
feet above the sidewalk may be approved with a departure;
c. Parking location. There must be an acceptable tradeoff in terms of the amount and quality
of storefront area that is integrated with the development and the applicable parking
location departure. Plus, the alternative must include design features to successfully
mitigate the visual impact of additional parking areas along designated landscaped streets.
D. Mixed block frontages.
1. Description/intent. The mixed block frontage designation serves areas that accommodate a
mixture of ground floor uses and allows a diversity of development frontages provided they
contribute to the visual character of the street and enhance the pedestrian environment.
Figure 38.510.030.D. Mixed block frontage options and standards.
2. Standards. All development as set forth in section 38.510.010.B on sites containing a mixed
block frontage have the option to comply with either the storefront or landscaped block frontage
provisions as set forth above, with the following modifications (on applicable block frontages):
Table 38.510.030.C
Mixed block frontage standards.
Element Standards ( refers to departure
opportunities, see subsection
38.510.030 below)
Examples & Notes
Building placement
Buildings may be placed up to the
sidewalk edge provided they meet
storefront standards set forth above.10'
minimum front setback for other
buildings, except where greater
setbacks are specified in the district per
division 38.220.
See section 38.510.030.J for special
design provisions associated with ground
level residential uses adjacent to a
sidewalk.
Façade
transparency
Generally, the
amount of
Any storefront buildings on these block
frontages must meet the storefront
block frontage transparency standards
above. Other buildings designed with
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.
transparency of
façades depends on
the use and setback
from the street.
non-residential uses on the ground floor
within 10' of sidewalk, at least 40% of
the ground floor between 4'-8' above
the ground level surface. Other
buildings designed with non-residential
uses on the ground floor within 20' of
the sidewalk, at least 25% of the ground
floor between 4'-8' above the ground
level surface. Residential buildings, 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.
3. Departure criteria. Departures to the above standards that feature the symbol will be considered
by the review authority (per section 38.250.060) provided the alternative proposal meets the
intent of the standards, plus the following criteria:
a. Minimum setback. For residential uses, provide design treatments that create an effective
transition between the public and private realm. This could include a stoop design or other
similar treatments that utilize a low fence, retaining wall, and/or hedge along the sidewalk.
Figure 38.510.030.D.4.
Stoop examples.
E. Gateway block frontages.
1. Description/intent. The gateway block frontage designation serves strategic areas fronted by
highways or other high visibility arterials that feature heavy vehicular traffic, but there is a desire
to provide attractive landscaped frontages, limit the extent of visible surface parking, and
accommodate the needs of pedestrians.
Figure 38.510.030.E.
Gateway block frontage vision.
2. Standards. All development as set forth in section 38.510.010.B on sites containing the gateway
block frontage designation must comply with the landscaped block frontage provisions as set
forth above, with the following modifications:
Table 38.510.030.E
Gateway frontage standards
Element Standards ( refers to departure opportunities, see subsection 38.510.030 below)
Examples & Notes
Building
placement The minimum setback for buildings is 25'.
Building
entrances
At least one (publicly accessible for commercial buildings)
building entrances must be visible and directly accessible
from the street.
Parking
location
Surface and structured parking must be placed to the side,
rear, below or above uses. For multi-building
developments, surface and structured parking areas
(ground floor) are limited to no more than 60% of the
street frontage.
3. Departure criteria. See subsection C.3 of this section for criteria.
F. Internal roadway storefront block frontages.
1. Description/intent. The internal roadway storefront block frontage designation is intended to
apply to some existing commercial storefront areas that are located on internal roadways. This
designation intends to reinforce and enhance the storefront environment if and when changes
occur over time.
2. Standards. Development as set forth in section 38.510.010.B on sites containing the internal
roadway storefront block frontage designation must comply with the storefront block frontage
standards as set forth above, with the following modifications:
Table 38.510.030.F
Internal roadway storefront block frontage standards
Element Standards ( refers to departure opportunities, see subsection 38.510.030 below)
Façade
transparency At least 50% of ground floor between 30" and 10' above the sidewalk.
Landscaping A planting strip with a tree must be integrated along the sidewalk every 50' of lineal
frontage on average.
Sidewalk width 12' minimum walking surface (landscape planter areas may not be counted in the
sidewalk width calculations).
3. Departure criteria. See subsection B.4 of this section for criteria.
G. Other block frontages.
1. Description/intent. All other block frontages in districts that are not designated in Community
Design Framework Maps are provided greater flexibility with regard to the design of
development frontages. These block frontages include a combination of side streets (where
most uses often front on other adjacent streets) and service oriented streets (often
characterized by industrial or service types of uses). While there is greater flexibility in the
amount of transparency of façades and the location of surface and structured parking, design
parameters are included to ensure that development frontages along these streets provide
visual interest at all observable scales and meet the design objectives of the city.
2. Standards. All development as set forth in section 38.510.010.B with applicable block frontage
designations must comply with standards below:
Table 38.510.030.G
Other block frontage standards
Element Standard ( refers to departure opportunities, see subsection 38.510.030 below)
Ground floor land use
Land use See Tables 38.310.030-.040 for permitted use details.
Building placement
Where allowed in the applicable zoning district, buildings may be placed up to
the sidewalk edge provided block frontage standards herein are met (except
where otherwise noted herein).10' minimum front setback for other
buildings, except where greater setbacks are specified in the district per
division 38.320. See section 38.510.030.J for special design provisions
associated with ground level residential uses adjacent to a sidewalk.
Building entrances
Building entrances facing the street are encouraged. At least one building
entry visible and directly accessible from the street is required. Where
buildings are set back from the street, pedestrian connections are required
from the sidewalk.
Façade transparency
For storefronts, at least 60% of ground floor between 30" and 10' above the
sidewalk is required. Other buildings designed with non-residential uses on
the ground floor within 10' of sidewalk, at least 30% of the ground floor
between 4'-8' above the sidewalk. Other buildings, at least 10% of the entire
façade (all vertical surfaces generally facing the street). Window area that is
glazed over or covered in any manner that obscures visibility into the
storefront space must not count as transparent window area.
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
There are no parking lot location restrictions, except that a 10' buffer of
landscaping between the street and off street parking areas meeting the
performance standards of division 38.550 of this division is required.
Landscaping The area between the street and building must be landscaped and/or private
Also see division 38.550
of this division for
related landscaping
standards
porch or patio 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
Where storefront buildings are proposed, sidewalks must meet storefront
block frontage standards above. Otherwise, 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.
3. Departure criteria. Departures to the above standards that feature the symbol will be considered
by the review authority (per section 38.250.060) provided the alternative proposal meets the
intent of the standards, plus the following criteria:
a. Minimum setback. Provide design treatments that create an effective transition between
the public and private realm. This could include a stoop design to other similar treatments
that utilize a low fence, retaining wall, and/or hedge along the sidewalk.
b. Façade transparency. The design treatment of a façade and/or landscape element
provides visual interest to the pedestrian and mitigates impacts of any blank wall area.
H. Block frontages in the industrial zones are subject to the standards for "Other" streets as set forth in
subsection G above except:
1. Minimum front setback provisions of division 38.320 supersede the building location provisions
set forth in subsection G.2 of this section.
2. Planting areas between the sidewalk and the building, outdoor storage, or parking areas must
be at least 20 feet in depth and are encouraged to meet the landscaping standards of division
38.550. Departure: Reductions in the landscaping frontage may be considered for low volume
and low visibility streets entirely within the industrial zone. Land uses with a higher density of
employees warrant standard landscaping and pedestrian access provisions.
I. Trail/park frontages. Where a property fronts onto a park or a public trail, such frontages must comply
with the mixed block frontage standards set forth in subsection D of this section. For non-residential
developments/uses where the review authority determines that an orientation to the trail would not
be appropriate based on the context of the site, the development must be subject to the standards
for "other block frontages" set forth in subsection G above, with a minimum building setback of 20
feet from the applicable park/trail right-of-way, easement, or property line.
Figure 38.510.030.I.
Park/trail frontage examples.
J. Special residential block frontage standards along sidewalks and internal pathways. For residences
with ground floor living spaces facing a sidewalk or pedestrian path in a residential or mixed use
development, the building must feature at least one of the public/private space transition elements
described below. The objective of this standard is to ensure privacy and security for residents, and
an attractive and safe pathway that complements the qualities of adjoining residences within a
residential complex.
1. Raised deck or porch option. Provide at least a 60 square foot porch or deck raised at least one
foot above grade. The porch or deck must be at least six feet deep, measured perpendicular to
the building face. (The deck may be recessed into the unit floor plan so that deck does not
extend from the building face a full six feet.) A low fence, rail or hedge, two feet to four feet high,
may be integrated between the sidewalk or internal pathway and deck or porch.
2. Front setback options. Provide a minimum ten-foot setback between the sidewalk or internal
pathway and the face of the residence. Design options for the front setback:
a. Landscaped area, meeting the provisions of division 38.550.
b. Semi-private patio space screened by a low fence or hedge (see section 38.350.060).
3. Raised ground floor. If the residence's ground floor is a minimum of three feet above the grade
adjacent to the building, then the landscaped area in option 2 above may be reduced to four
feet wide (except where greater setbacks are specified for the applicable zoning district in
division 38.320).
Other transition design measures that adequately protect the privacy and comfort of the
residential unit and the attractiveness and usefulness of the pathway at least as effectively as
options 1 through 3 above.
See figure 38.510.030.J below for examples of the above treatments.
Figure 38.510.030.J.
Acceptable public/private transitional space design between sidewalk or pathways and ground level
residential units.
K. Where a property fronts onto multiple streets/frontage designations. 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;
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.
Figure 38.510.030.K.
Clarifying block frontage standards on street corners.
L. Community Design Framework Master Plan. Recently annexed or rezoned commercial or mixed-use
properties, as well as strategic large undeveloped sites, necessitate a different approach to applying
block frontage standards. The provisions below identify the intent, applicable sites, block frontage
designation options, and special standards for developing community design framework master
plans.
1. Intent.
a. To provide a thoughtful and fair process to plan for the development of large and new
commercial and mixed-use sites consistent with Bozeman's growth policy.
b. To promote an arrangement of streets, buildings, open space, parking and service areas
that create a strong sense of community and enhance the character of Bozeman.
c. To avoid uncoordinated patterns of development that waste valuable land, compromise
vehicular and pedestrian access, and degrade the character of Bozeman.
2. Applicable sites.
a. Recently annexed sites zoned as one of the commercial or mixed-use zoning districts.
b. Sites recently rezoned as one of the commercial or mixed-use zoning districts that are not
addressed in the community design framework maps.
3. Block frontage designation options.
a. Prior to development of applicable sites, a community design framework master plan must
be developed, approved and recorded for the property per the procedures set forth in
section 38.230.130. The master plans must include:
(1) New streets and internal roadways along with block frontage designations (types
included in this section).
(2) Any designated high visibility street corners.
(3) Any planned open spaces, trails, and shared use paths.
(4) Any special phasing conditions.
(5) Other special design conditions unique to the site and plan that must be implemented
with future site plan development.
b. Community design framework master plans may utilize any existing block frontage
designations that border the site, or include an alternative block frontage designation type
or types, subject to master plan approval.
c. Alternatively, site plan development may occur on applicable sites without an approved and
recorded community design framework master plan, provided all block frontages comply
with the standards for mixed block frontages as set forth in subsection D of this section.
4. Master plan design standards. Community design framework master plans must meet the intent
as set forth above plus the following parameters for specific sites:
Table 38.510.030.L
Community design framework master plan design standards
The provisions below are intended to guide the design of individual community design framework
master plans. They are referred to as standards, since all proposed plans must successfully demonstrate
how they comply with the provisions herein.
All
Sites
• Configure site to create a pedestrian-oriented focal point. Such a focal point could be a main
street (storefront), a central square surrounded by storefronts or other similar elements.
• Larger sites have greater expectations in the amount of storefront designated frontages.
• Goals, policies and concepts from adopted plans must be used to help determine compliance
with these standards.
Figure 38.510.030.L.
Development examples.
5. Community design framework master plans are subject to the application requirements and
procedures set forth in section 38.230.130.
(Order No. 2018-01 , § 15, 4-18-2018)
DIVISION 38.520. - SITE PLANNING AND DESIGN ELEMENTS
Sec. 38.520.010. - Purpose.
A. Preserve and protect the public health, safety, and welfare of the citizens of Bozeman.
B. To promote thoughtful layout of buildings, parking areas, and circulation, service, landscaping, and
amenity elements that enhances Bozeman's visual character, promotes compatibility between
developments and uses, and enhances the function of developments.
Also see the individual "intent" statements for each section in this division.
Sec. 38.520.020. - Applicability and compliance.
The provisions of this division apply to all development within Bozeman, except single to four-
household dwellings on individual lots. The excepted dwellings are subject to the form and intensity
standards in section 38.360.210. Townhouses and rowhouses are subject to the form and intensity
standards in section 38.360.240. Also:
A. For clarification on the relationship between the provisions in this division and other documents
and codes, see section 38.500.020.A.
B. For the application to building additions, remodels see section 38.500.020.B.
C. For clarification on how the provisions of this division are applied to site improvements, see
sections 38.230.150, 38.230.160, and 38.230.170.
D. The review authority may waive or relax these provisions in the industrial zones depending on
the type of use, number of anticipated employees and customers, and the site's physical
context. A greater number of employees and/or customers and higher visibility levels warrant a
greater application of building design standards.
Sec. 38.520.030. - Relationship to adjacent properties.
A. Intent.
1. To promote functional and visual compatibility between developments.
2. To protect the privacy of residents on adjacent properties.
B. Balconies alongside and rear property lines adjacent to residentially zoned properties. Balconies or
rooftop decks within 15 horizontal feet of a side property line abutting a residentially zoned property
must feature a railing system that is at least 50 percent opaque. Specifically, 50 percent of the area
below the railing must be a sight-obscuring structure.
Figure 38.520.030.B.
Privacy Standards for Balconies Within 15 Feet of Side or Rear property lines.
Departures from this standard will be allowed if the balcony will not cause visual or privacy impacts due to
its location, orientation, design or other consideration.
C. Light and air access and privacy alongside and rear property lines. Buildings or portions thereof
containing multi-household dwelling units whose only solar access (windows) is from the applicable
side of the building (facing towards the side property line) must be set back from the applicable side
or rear property lines at least 15 feet. See figures 38.520.030.B and C. Departures will be allowed
where it's determined that, based on the unique site context, the proposed design won't create a
compatibility problem in the near or long term.
Figure 38.520.030.C.
Light and air access and privacy standards for multi-household residential buildings alongside/rear
property lines.
Sec. 38.520.040. - Non-motorized circulation and design.
A. Intent.
1. To improve the pedestrian and bicycling environment by making it easier, safer, and more
comfortable to walk or ride among residences, to businesses, to the street sidewalk, to transit
stops, through parking lots, to adjacent properties, and connections throughout the city.
2. To enhance access to on- and off-site areas and pedestrian/bicycle paths.
B. Access to sidewalk. All buildings must feature pedestrian connections to a sidewalk per applicable
block frontage standards in division 38.510. See subsection D below for access design
requirements.
Figure 38.520.040.B.
Examples of direct pedestrian access to buildings from the street.
C. Internal circulation.
1. For sites with multiple buildings, pedestrian paths or walkways connecting businesses and
residential entries on the same development site must be provided. Routes that minimize
walking distances must be utilized to the extent practical. Departures will be allowed where
steep slopes prevent a direct connection or where an indirect route would enhance the design
and/or use of a common usable open space. See subsection D below for walkway design
standards.
Figure 38.520.040.C.1.
Internal and external pedestrian connections are important.
2. Sites with residential units. Provide direct pedestrian access between all ground related unit
entries and a public street or to a clearly marked pathway network or open space that has direct
access to a public street. Residential developments must provide a pedestrian circulation
network that connects all main entrances on the site to other areas of the site, such as:
a. Parking areas;
b. Recreational areas;
c. Common outdoor areas; and
d. Any pedestrian amenities;
For townhouses or other residential units fronting the street, the sidewalk may be used to meet
this standard.
Figure 38.520.040.C.2.a.
Direct pathways between the street and dwelling units are required.
Figure 38.520.040.C.2.b.
Examples of attractive pathway connection through a residential development.
3. Crosswalks are required when a walkway crosses an on-site paved area accessible to vehicles.
Crosswalks must contain contrasting material (such as concrete) and/or patterns (such as
stamped asphalt), excluding painted surfaces.
4. Pedestrian paths through parking lots. Developments must provide specially marked or paved
sidewalks through parking areas. At least one walkway must be provided every four rows of
parking or at a maximum spacing of 200 feet. The pathways must provide a safe connection to
the building entrance and meet the pathway design standards set forth in subsection D below.
See examples below.
Figure 38.520.040.C.4.
Parking area pathway standards and examples.
5. Connections to adjacent properties (including parks and trails). Provide pathways that connect
to adjacent properties, except in one of the following circumstances:
a. When adjacent properties are residential developments of fewer than five dwelling units.
b. Departures are permitted where it is determined that internal connections aren't necessary
due to shallow lot depths, steep slopes, or other contextual challenges.
6. Barriers that limit future pedestrian access are prohibited. Gates that limit access to employees
are permitted. See subsection D below for walkway design standards.
7. Provide easements for non-motorized access to facilitate the future extension of paths when
adjoining properties are improved.
D. Pathway design.
1. All internal pathways must have a minimum five-foot-wide unobstructed surface, except where
wider pathways are prescribed in this division or where the applicable uses and context dictate
wider pathways.
2. Where a pathway is adjacent to perpendicular or angled parking, an extra two feet of walkway
width must be provided to mitigate for parked vehicles overhanging the walkway.
3. Pathways must be separated from structures by at least three feet of landscaping except where
the adjacent building façade meets the Storefront block frontage standards per section
38.510.030.B. Departures are permitted for other landscaping and/or façade design treatments
to provide attractive pathways will be considered. Examples include sculptural, mosaic, bas-
relief artwork, or other decorative treatments that meet the intent. Figure 38.520.040.D.3 below
provides one example.
Figure 38.520.040.D.3.
Standards for internal walkways adjacent to buildings.
4. Pathway design where multi-tenant commercial or mixed-use buildings 100 feet or more in
length abut parking lots. Such pathways must feature a 12-foot wide sidewalk with:
a. Eight feet minimum unobstructed width:
b. Trees, as approved by the review authority, placed at an average of 50 feet on-center and
placed in grates or in planting strips as set forth in subsection C below. Departure: Breaks
in the tree coverage will be allowed near major building entries to enhance visibility.
c. Planting strips may be used between any vehicle access or parking area and the pathway,
provided that the trees required above are included and the pathway meets the applicable
width standards herein, and the combined pathway and planting strip is at least 12 feet
wide;
Figure 38.520.040.D.4.
Example of a successful pedestrian sidewalk between parking lot and storefront.
d. Light pathways in accordance with division 38.570;
e. See also section 38.520.050.D, internal roadway design;
f. Hard surface.
E. Bicycle facilities. Provide bicycle racks, lockers, or other means of safely and conveniently parking
bicycles at the rate specified in section 38.540.050.
Sec. 38.520.050. - Vehicular circulation and parking.
The standards herein supplement the provisions of divisions 38.400 and 540. Where there is a
conflict, these provisions apply.
A. Intent.
1. To create a safe, convenient, and efficient network for vehicle circulation and parking.
2. To enhance the visual character of interior access roads.
3. To minimize conflicts with pedestrian circulation and activity.
B. Driveway provisions. Drive aisles must meet the standards set forth in section 38.400.090.
Supplemental provisions:
Minimize parking lot entrances, drive aisles, and other vehicle access routes onto private
property from a public right-of-way through the following means:
1. Driveway lanes crossing a public sidewalk must be no wider than the minimum required
per entry or exit lane. The city may impose additional restrictions to parking lot and vehicle
access points to reduce impacts to public safety, pedestrian movement, on-street vehicle
circulation, and visual qualities.
2. Minimize the number of driveway entrances. Comply with the provisions of section
38.400.090.
3. The review authority may require joint drive aisles serving adjacent developments when
joint access is physically and legally available.
4. Minimize conflicts between entries and vehicle parking and maneuvering areas.
5. At street corner sites, drive aisles must be located on the lowest classified roadway and as
close as practical to the property line most distant from the intersection, unless the review
authority finds there is a compelling reason to the contrary.
C. Inter-site connectivity. The provision of through vehicle access connections between
commercially or non-residentially zoned properties is required except where the review authority
determines it is unfeasible or undesirable (e.g., where it is determined that such a vehicle
connection would impact safe pedestrian movement). See section 38.410.040 for specific block
standards. Vehicle access may be in the form of a dedicated or private alley, connected or
shared parking lots, shared drive aisles, or similar features.
D. Internal roadway design.
1. To increase the function and appearance of internal roadways on large sites (greater than
two acres), street trees and sidewalks must be provided on all internal access roadways,
except access roads designed solely for the purpose of service (e.g. waste pick-up) and
loading.
2. In some instances where traffic speed and volume are low, the review authority may
approve a street where vehicle, bicycle and pedestrian movement are mixed such as in a
"woonerf" or "shared street." Woonerf streets must feature traffic calming and safety
measures as well as landscape and amenity features as determined by the review
authority.
Figure 38.520.050.D.
Good internal roadway examples.
3. Drive-through facilities. Where allowed, drive through facilities (e.g., drive-up windows)
must comply with the following.
a. Drive-through lanes, including waiting and holding lanes, must be separated from
public view and internal sidewalks by a planting strip (at least five feet wide with
continuous plantings of evergreen shrubs and/or trees that will provide continuous
evergreen screen at least four feet tall at maturity) and/or a masonry wall at least
three feet high. Alternative landscaping schemes may be approved provided they
include the masonry wall and a substantial vegetative screen. The landscaping must
comply with division 38.560.
b. Drive-through lanes must not restrict pedestrian access between a public sidewalk
and on-site buildings. Walkways must not be located within required stacking space
as set forth in section 38.540.020.N.
c. Also see sections 38.360.100 and 38.540.020.N for related standards.
Sec. 38.520.060. - On-site residential open space.
A. Intent.
1. To create useable space that is suitable for leisure or recreational activities for residents.
2. To create open space that contributes to the residential setting.
3. To provide plazas that attract shoppers to commercial areas.
4. To provide plazas and other pedestrian oriented spaces in commercial areas that enhance the
employees' and public's opportunity for active and passive activities, such as dining, resting,
people watching, and recreational activities.
5. To enhance the character and attractiveness of commercial development.
B. Usable residential open space.
1. All multi-household development, including multi-household portions of mixed-use development,
must provide minimum usable open space equal to 100 square feet per dwelling unit for studio
and one bedroom dwellings and 150 square feet per dwelling unit for dwellings with two or more
bedrooms. All group living developments must provide minimum usable open space equal to 37
square feet per person. The required open space may be provided in a combination of ways:
a. Shared open space. One hundred percent of the required open space may be in the form
of shared open space available to all residents and meeting the requirements of subsection
B.2 below. Shared open space may be in the form of courtyards, front porches, patios, play
areas, gardens or similar spaces.
b. Ground level private outdoor space. One hundred percent of the required open space may
be provided by ground level outdoor space that is adjacent and directly accessible to the
subject unit. Such open spaces must be enclosed by a fence and/or hedge at least 32
inches in height to qualify. [3] Departures to this standards are permitted.
c. Balconies. Up to 50 percent of the required open space may be provided by private
balconies provided they meet the requirements of subsection B.3 below.*
d. Common indoor recreation areas. Up to 50 percent of the required open space may be
provided by common indoor recreation areas meeting the requirements of subsection B.4
below.
e. Shared roof decks. For mixed-use buildings, up to 100 percent of the required open space
may be provided by shared roof decks located on the top of buildings which are available
to all residents and meet the requirements of subsection B.5 below.
2. Shared open space. Shared open space can include landscaped courtyards or decks; entrance
plazas; gardens with pathways; children's play areas; pools; and water features provided they
are accessible to all residents of the development. Accessible areas used for stormwater
retention or other multipurpose recreational and/or green spaces that meet the design criteria
herein may qualify as shared open space.
Special requirements for common usable open spaces include the following:
a. Shared open space must be located in centralized areas that are visible from units within
the development.
b. Required setback areas does not count as shared open space unless the design of the
space meets the standards herein.
c. Shared open space must feature no dimension less than 15 feet in order to provide
functional leisure or recreational activity (unless otherwise noted herein).
d. Shared open space must feature paths or walkable lawns, landscaping, seating, lighting,
and play structures, sports courts, or other pedestrian amenities to make the area more
functional and enjoyable for a range of users.
e. Shared open space must be separated from ground level windows, streets, service areas
and parking lots via landscaping, fencing, and/or other acceptable treatments that enhance
safety and privacy for both the shared open space and dwelling units.
f. When possible the space should be oriented to receive sunlight, facing east, west or
preferably south.
g. Stairways and service elements located within or on the edge of shared open space must
not be included in the open space calculations.
h. Shared porches may qualify as shared open space provided they are at least eight feet in
depth and 96 square feet in total area.
i. The space must be accessible to all residents of the development.
Figure 38.520.060.B.2.
Shared open space examples.
3. Private balconies and decks. Such spaces must be at least 36 square feet, with no dimension
less than six feet, to provide a space usable for human activity.
4. Indoor recreational areas. Such spaces must meet the following conditions:
a. The space must be located in a visible area, such as near an entrance, lobby, or high traffic
corridors;
b. The space must be designed specifically to serve interior recreational functions and not
merely be leftover unrentable area used to meet the open space requirement. Such space
must include amenities and design elements that will encourage use by residents.
5. Shared rooftop decks. Such spaces must meet the following requirements:
a. Space must feature hard surfacing, providing and amenities such as seating areas,
landscaping, and/or other features that encourage use;
b. Space must integrate landscaping elements that enhance the character of the space and
encourage its use;
c. Space must incorporate features that provide for the safety of residents, such as
enclosures, railings, and appropriate lighting levels.
Figure 38.520.060.B.5.
Rooftop deck examples.
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 equal to at least two percent of the development envelope. 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.
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.
Figure 38.520.060.C.
Example of site development integrating usable commercial open space.
D. Pedestrian-oriented open space design criteria. This subsection describes the requirements and
desired characteristics of pedestrian oriented open space (which may be used to meet the
requirements of subsection C above).
1. Required pedestrian-oriented open space features.
a. Visual and pedestrian access into the site from a street, private access road, or non-
vehicular courtyard;
b. Paved walking surfaces of either concrete or approved unit paving;
c. Lighting must conform to division 38.570;
d. The spaces must be located in or adjacent to areas with significant pedestrian traffic to
provide interest and security, such as adjacent to or visible from a building entry;
e. At least two feet of seating area (a bench or ledge at least 16 inches deep and appropriate
seating height) or one individual seat per 60 square feet of plaza area or open space;
f. Landscaping components that add visual interest and do not act as a visual barrier. This
could include planting beds, raised planters, and/or potted plants.
2. Desirable pedestrian-oriented open space features:
a. Pedestrian amenities, such as site furniture, artwork, drinking fountains, shade structures
or other similar features;
b. Adjacent buildings with transparent windows and doors covering at least 50 percent of the
façade between 30 inches and ten feet above the ground level;
c. Pedestrian weather protection, alcoves, seating, or other features along building edges to
allow for outdoor gathering.
3. Features prohibited within a pedestrian-oriented open space:
a. Asphalt pavement;
b. Adjacent service areas (e.g., trash areas) that are not separated with landscaping, as
required in section 38.520.070.
c. Adjacent chain-link fences;
d. Adjacent "blank walls" without "blank wall treatment" (see 38.530.070.C);
e. Outdoor storage.
Figure 38.520.060.D.1.
Example of a small pedestrian-oriented open space.
Figure 38.520.060.D.2.
Desirable examples of pedestrian-oriented open space.
Footnotes:
--- (3) ---
Note— Individual private open space (as defined in subsections B.1.b and c in excess of minimum
requirements must not be used in the calculations for determining the minimum usable open space
requirements for other units in the development.
Sec. 38.520.070. - Location and design of service areas and mechanical equipment.
A. Intent.
1. To minimize adverse visual, odor, and noise impacts of mechanical equipment, utility cabinets
and service areas at ground and roof levels.
2. To provide adequate, durable, well-maintained, and accessible service and equipment areas.
3. To protect residential uses and adjacent properties from impacts due to location and utilization
of service areas.
B. Location of ground related service areas and mechanical equipment.
1. Service areas (loading docks, trash dumpsters, compactors, recycling areas, electrical panels,
and mechanical equipment areas) must be located for convenient service access while avoiding
negative visual, auditory, olfactory, or physical impacts on the streetscape environment and
adjacent residentially zoned properties. Service areas must be sited for alley access if available.
The review authority may require evidence that such elements will not significantly impact
neighboring properties or public areas. (For example, the review authority may require noise
damping specifications for fans near residential zones.)
2. Exterior loading areas. Exterior loading areas for commercial uses must not be located within 20
feet of a residentially zoned property unless the review authority finds such a restriction does
not allow feasible development, and alternative design measures can successfully mitigate
potential negative impacts. For example, areas and drives may be required by the review
authority to be separated from the residential lot by a masonry wall at least eight feet high.
3. Service areas must not be visible from the sidewalk and adjacent properties. Where the review
authority finds that the only option for locating a service area is an area visible from a public
right-of-way, internal pathway or pedestrian area, or from an adjacent property, the area must
be screened with structural and landscaping screening measures provided in subsection C
below and division 38.550. Service elements accessible from an alley are exempt from
screening requirements.
4. Design for safety. Other provisions of this section notwithstanding, service areas used by
residents must be located to avoid entrapment areas and other conditions where personal
security is potentially a problem. The review authority may require pedestrian-scaled lighting or
other measures to enhance security.
5. Locate and shield noise producing mechanical equipment such as fans, heat pumps, etc., to
minimize sounds and reduce impacts to adjacent residentially zoned properties.
Figure 38.520.070.B.
Service element location.
C. Screening of ground related service areas and mechanical equipment.
1. Where screening of ground level service areas is required (see subsection B above), the
following applies:
a. A structural enclosure must be constructed of masonry, heavy-gauge metal, or decay-
resistant material that is also used with the architecture of the main building. The review
authority may allow materials other than those used for the main building if the finishes are
similar in color and texture or if the proposed enclosure materials are more durable than
those for the main structure. The walls must be sufficient to provide full screening from the
affected roadway, pedestrian areas or adjacent use. The enclosure may use overlapping
walls to screen dumpsters and other materials (see figure 38.520.070.C below);
b. Gates must be made of heavy-gauge, site-obscuring material. Chain link or chain link with
slats is not an acceptable material for enclosures or gates;
c. Where the inside of service enclosures is visible from surrounding streets, pathways, and
buildings, an opaque or semi-opaque horizontal cover or screen must be used to mitigate
unsightly views. The horizontal screen/cover should be integrated into the enclosure
design and compatible with adjacent development;
d. Collection points must be located and configured so the enclosure gate swing does not
obstruct pedestrian or vehicular traffic, or does not require that a hauling truck project into
any public right-of-way. Ensure that screening elements allow for efficient service delivery
and removal operations.
e. The service area must be paved.
2. The sides and rear of service enclosures must be screened with landscaping at least five feet
wide in locations visible from the street, parking lots, and pathways to soften views of the
screening element and add visual interest.
Departures to the provisions of subsections B.1, 2, and 3 above will be considered per section
38.250.060 provided the enclosure and landscaping treatment meet the intent of the standards and add
visual interest to site users.
Figure 38.520.070.C.
Acceptable screening enclosures.
D. Utility meters, electrical conduit, and other service utility apparatus.
1. These elements must be located and/or designed to minimize their visibility to the public. Project
designers are strongly encouraged to coordinate with applicable service providers early in the
design process to determine the best approach in meeting these standards. If such elements
are mounted in a location visible from the street, pedestrian pathway, shared open space, or
shared auto courtyards, they must be screened with vegetation and/or integrated into the
building's architecture.
Figure 38.520.070.D.
Utility meter location and screening—Good and bad examples.
E. Location and screening of roof mounted mechanical equipment.
1. All rooftop mechanical equipment, including air conditioners, heaters, vents, and similar
equipment must be fully screened from public view both at grade and from higher buildings with
the exception of solar panels and roof-mounted wind turbines. Screening must be located so as
not to interfere with operation of the equipment.
2. For rooftop equipment, all screening devices must be well integrated into the architectural
design through such elements as parapet walls, false roofs, roof wells, clerestories, or
equipment rooms. Screening walls or unit-mounted screening is allowed but less desirable.
Wood must not be used for screens or enclosures. Louvered designs are acceptable if
consistent with building design style. Perforated metal is not permitted.
3. The screening materials must be of material requiring minimal maintenance, and must be as
high as the equipment being screened.
4. Locate and shield noise producing mechanical equipment such as fans, heat pumps, etc. to
minimize sounds and reduce impacts to adjacent properties.
Figure 38.520.070.E.
Examples of how to screen roof-mounted mechanical equipment.
DIVISION 38.530. - BUILDING DESIGN
Sec. 38.530.010. - Purpose.
See the individual "intent" statements for each section in this division.
Sec. 38.530.020. - Applicability and compliance.
The provisions of this division apply to all development within Bozeman, except single, two, three,
and four-household dwellings on individual lots unless otherwise noted. Specifically:
A. For clarification on the relationship between the provisions in this division and other documents
and codes, see section 38.500.020.A.
B. For the application of building additions and remodels and site improvements, see section
38.500.020.B.
C. For clarification on how the provisions of this division are applied, see section 38.500.030.
D. The review authority may waive or relax these provisions in the industrial zones depending on
the type of use, number of anticipated employees and customers, and the site's physical
context. The greater number of employees and/or customers and higher visibility levels warrant
a greater application of building design standards.
(Order No. 2018-01 , § 16, 4-18-2018)
Sec. 38.530.030. - Building character.
A. Intent.
1. To promote regionally appropriate architecture that is based on human scaled design details,
durable high quality materials, sustainable design measures, and that responds uniquely to the
site's context.
2. To emphasize high quality design in Bozeman's built environment.
3. To avoid generic, corporate architectural designs that are not readily reusable or convert to
another use that lessens the character and identity of Bozeman. For example, some franchise
convenience uses have very specific architectural features (such as a distinctive roofline design
that functions as a sign) that reinforce their identity.
B. Building character standards and guidelines.
1. Developments within the Neighborhood Conservation Overlay District (NCOD) are subject to
section 38.340.050.
Sec. 38.530.040. - Building massing and articulation.
A. Intent.
1. To articulate building elements in order to achieve an appropriate perceived scale and add
visual interest.
2. To create clear and welcoming building entries.
B. Façade articulation--Storefronts and other buildings with non-residential uses on the ground level
must include a minimum of three of the following articulation features every 60 feet (maximum) to
create a human scaled façade pattern:
1. Windows.
2. Entries.
3. Use of weather protection features.
4. Use of structural expression.
5. Change in roofline per subsection F below.
6. Change in building material or siding style.
7. Articulation of a single building material through varying colors, textures, or incorporating joints
or an integrated trim pattern.
8. Other design techniques that effectively reinforce a human-scaled pattern compatible with the
building's surrounding context.
9. Providing vertical elements such as a trellis with plants, green wall, art element.
10. Providing vertical building modulation of at least 12 inches in depth if tied to a change in
roofline per subsection F below or a change in building material, siding style, or color.
Exceptions:
a. Only two articulation features are required on building façades in the BP district;
b. Only one articulation feature is required on building façade s in the M-1 district;
c. Buildings in the M-2 district are exempt from these standards.
d. Building walls facing alleys, rear or side yards are not subject to the standards herein,
except for zone edge properties, when adjacent to a lower-intensity zoning district.
Figure 38.530.040.B.
Façade articulation examples.
C. Façade articulation--Residential buildings must include articulation features at appropriate intervals
relative to the scale of the façade in order to reduce the perceived massing of the building and add
visual interest. At least three of the following features must be employed at intervals relative to the
individual dwelling units or at a maximum of every 30 feet. The scale of the façade articulation should
be compatible with the surrounding context.
1. Use of windows.
2. Entries.
3. Use of weather protection features.
4. Use of vertical piers/columns.
5. Change in roofline per subsection F below.
6. Change in building material and/or siding style.
7. Articulation of a single building material through varying colors, textures, or incorporating joints
or an integrated trim pattern.
8. Providing vertical building modulation if tied to a change in roofline modulation per subsection F
below or a change in building material, siding style, or color.
9. Other design techniques that effectively break up the massing at no more than 30-foot intervals.
10. Providing vertical elements such as a trellis with plants, green wall, and/or art element.
Figure 38.530.040.C.
Residential façade articulation examples.
D. Departure criteria associated with articulation standards. Proposals must meet the intent of the
standards. The following criteria will be considered in determining whether the proposed articulation
treatment meets the "intent."
1. The type and width of the proposed articulation treatment and how effective it is in meeting the
intent given the building's current and desired context (per Bozeman's growth policy or
applicable adopted subarea plan).
2. The applicable block frontage designation. Undesignated block frontages warrant more flexibility
than block frontages designated as mixed or landscaped.
3. The size and width of the building. Smaller buildings warrant greater flexibility than larger
buildings.
4. The quality of façade materials in concert with doors, windows, and other façade features and
their ability to add visual interest to the street from a pedestrian scale and more distant
observable scales.
Figure 38.530.040.D.
Façade articulation departure examples.
E. Maximum façade width. Building façades wider than 150 feet must include at least one of the
following features to break up the massing of the building and add visual interest. Building walls
facing alleys, rear or side yards are not subject to the standards herein, except for zone edge
properties, when adjacent to a lower intensity zoning district. Existing buildings are exempt from
subsection E.
1. Provide vertical building modulation at least six feet deep and ten feet wide. For multi-story
buildings, the modulation must extend through more than one-half of the building floors.
2. Use a contrasting vertical modulated design component that:
a. Utilizes a change in building materials that effectively contrast from the rest of the façade;
b. Is modulated vertically from the rest of the façade by an average of six inches.
3. Façade employs building walls with contrasting articulation that make it appear like multiple
distinct buildings. To qualify for this option, these contrasting façades must employ all of the
following:
a. Different building materials and/or configuration of building materials;
b. Contrasting window design (sizes or configurations).
Departures will be considered provided the design meets the intent of the standards. Supplemental
consideration for approving alternative designs:
• Width of the façade. The larger the façade, the more substantial articulation/ modulation
features need to be.
• Block frontage designation. Storefront designated block frontages warrant the most scrutiny,
while undesignated streets warrant more flexibility.
• The type of articulation treatment and how effective it is in meeting the intent given the
building's context.
Figure 38.530.040.E.
Illustrating maximum façade width standards and good and bad examples.
F. Roofline modulation. In order to qualify as a façade articulation feature in subsections B, C, and E
above, rooflines must employ one or more of the following:
1. For flat roofs an extension of the parapet or a break in the parapet of at least one foot measured
from the adjacent roof or adjacent parapet. If no parapet is present a horizontal roof edge/eave
extension of at least two feet.
2. A pitched roofline segment(s) scaled appropriately to the façade.
3. A combination of the above.
Departures will be considered provided the roofline modulation design effectively reduces the perceived
scale of the building and adds visual interest.
Figure 38.530.040.1.
Acceptable examples of roofline modulation.
Figure 38.530.040.1.
Acceptable examples of roofline modulation.
Sec. 38.530.050. - Building details.
A. Intent.
1. To encourage building façades with attractive design details at an appropriate pedestrian scale
relative to the overall composition of the building.
2. To integrate window design that adds depth, richness, and visual interest to the façade.
B. Window design standards.
1. All windows (except storefront windows and curtain walls) must include trim or other design
treatment, or alternately be recessed at least two inches from the façade. Understated or trim-
less windows without additional design treatment are permitted provided the placement and
design is integrated into the overall composition of the building.
2. Prohibited windows:
a. Mirrored glass is prohibited.
Figure 38.530.050.C.
Acceptable and unacceptable window design examples.
C. High visibility street corner and gateway sites. All development proposals located at designated high
visibility street corners and gateway sites must locate a building or structure within 20 feet of the
street corner and include design features that accentuate the street corner. Alternatively, the building
could be configured with a corner plaza. Corner design features could include a cropped building
corner with an entry feature, decorative use of building materials at the corner, distinctive façade
articulation, a sculptural architectural element, or other elements that meet the intent of the
standards. Figure 38.530.050.D below illustrates acceptable examples.
Figure 38.530.050.D.
Acceptable high visibility street corner/gateway site examples.
Figure 38.530.050.D.
Acceptable high visibility street corner/gateway site examples.
D. Active Solar Collection Units (electronic and hydronic) are permitted.
E. Articulated building entries. Primary building entrance(s) must be clearly defined and scaled
proportionally to the building. See Figure 38.530.050.F below for examples.
Figure 38.530.050.F.
Acceptable building entry examples.
F. Departures to building detail standards will be considered if they are determined to meet the intent of
the standards in section 38.530.050, Building Details.
Sec. 38.530.060. - Building materials.
A. Intent.
1. To encourage the use of durable materials to provide visual interest from vehicular and
pedestrian vantage points with the highest priority at locations susceptible to damage from
maintenance and weathering.
B. Durable building materials. Applicants must use durable materials. Where façades are located
directly adjacent to a city sidewalk, impact resistant materials must be used (excluding window and
door areas) for a minimum of the first 18 inches above the walking surface.
C. Special conditions and limitations for the use of certain cladding materials.
1. Concrete block (a.k.a. CMU) when used as a primary cladding material, must be treated or
articulated to provide visual interest above and beyond natural (uncolored, untreated) block with
(matching) natural colored grout. Examples of such treatments include:
(a) using ground, polished or split face units;
(b) creating patterns/texture with different block sizes, face treatments, or colors;
creating patterns/textures by modulating the finish plane of units;
(c) utilizing contrasting grout color;
(d) or utilizing sealers or painted treatments that enhance the finish of natural
concrete block. Industrial zoning districts are exempt from subsection C.
Figure 38.530.060.C.1.
Acceptable concrete block use/design.
2. Metal siding.
a. Metal siding must be a minimum 24 gauge thickness. Re-purposed metal siding is exempt
from minimum thickness requirements provided its material integrity is intact.
b. Metal siding must feature appropriate molding, trim, or hemming at all exposed edges and
corners.
c. Metal siding must be factory finished, or alternately purposefully designed to naturally
patina. Highly reflective galvanized finished are prohibited. Re-purposed or re-claimed
metal siding is permitted.
Figure 38.530.060.C.2.
Acceptable metal siding examples.
3. Standards for the use of exterior insulation and finish system (EIFS). Such material/finishes may
be used as a decorative accent cladding material if it is incorporated with other permitted
materials and it complies with the following:
a. On buildings of three or more stories or 5,000 square feet in footprint or greater EIFS is
limited to no more than 25 percent of the total façade area and is not the primary cladding
material. On buildings of two stories or less or less than 5,000 square feet in footprint, EIFS
is limited to 60 percent of the total façade area;
b. Highly textured EIFS finishes are prohibited;
c. EIFS must include an integrated joint or trim pattern;
d. EIFS must not be used on the ground floor when directly adjacent to a sidewalk, pedestrian
or vehicular pathway.
Departures will be considered provided the material's integration and overall façade
composition meets the intent of the standards.
Figure 38.530.060.C.3.
Acceptable and unacceptable EIFS examples.
4. Cementitious wall board paneling/siding may be used provided it meets the following provisions:
a. Cement board paneling/siding may not be used on the ground floor of non-residential or
mixed-use buildings where adjacent to a sidewalk or other pedestrian path;
b. Where cement board paneling/siding is the dominant siding material, the design must
integrate a mix of colors and/or textures that are articulated consistent with windows,
balconies, and modulated building surfaces and are balanced with façade details that add
visual interest from the ground level and adjacent buildings. Departures will be considered
provided the material's integration and overall façade composition meets the intent of the
standards.
D. Departures to building materials standards will be considered if they are determined to meet the
intent of 38.530.060, Building Materials.
Sec. 38.530.070. - Blank wall treatments.
A. Intent.
1. To avoid untreated blank walls.
2. To retain and enhance the character of Bozeman's streetscapes.
B. Blank wall definition. A wall (including building façades and retaining walls) is considered a blank
wall if it is over ten feet in height, has a horizontal length greater than 15 feet, and does not include a
transparent window or door.
Figure 38.530.070.B.
Blank wall definition.
C. Untreated blank walls visible from a public street, pedestrian-oriented space, common usable open
space, or pedestrian pathway are prohibited. Methods to treat blank walls may include:
1. Display windows with at least 16 inches of depth to allow for changeable displays. Tack on
display cases do not qualify as a blank wall treatment.
2. Landscape planting bed at least five feet wide or a raised planter bed at least two feet high and
three feet wide in front of the wall with planting materials that are sufficient to obscure or screen
at least 60 percent of the wall's surface within three years.
3. Installing a vertical trellis in front of the wall with climbing vines or plant materials.
4. Installing a mural as approved by the review authority.
5. Special building detailing that adds visual interest at a pedestrian scale. Such detailing must use
a variety of surfaces; monotonous designs will not meet the purpose of the standards.
For large visible blank walls, a variety of treatments may be required to meet the intent of the standards.
Departures to the provisions in this section will be considered, provided the design whole façade and
applicable blank wall treatment methods meet the intent of the standards.
Figure 38.530.070.C.
Acceptable and unacceptable blank wall treatments. Note in the far right example, the display cases
don't meet the 16" depth requirement, nor does the design meet the intent of the standards.
DIVISION 38.540. - PARKING
Sec. 38.540.010. - General provisions.
A. Parking is one part of the overall multimodal transportation system. Individual choice of travel mode
and development characteristics influence the need for parking. The purpose of this division 38.540
in requiring parking spaces is to ensure provision of off-street motor vehicle parking, bicycle parking,
and other transportation access facilities in rough proportion to the generalized parking and
transportation demands of different land uses which locate at a site. Some sites, such as those that
are located in close proximity to transit, have good access to pedestrian facilities or have off-set peak
uses may require less on-site parking. The purpose of these standards is to provide functional
parking areas adequate to the needs of users, create shaded areas within parking lots, reduce glare
and heat build-up, reduce stormwater surges, provide visual relief within paved parking areas,
emphasize circulation patterns, avoid the negative impacts associated with spillover parking into
adjacent neighborhoods (while at the same time avoiding the negative environmental and urban
design impacts that can result from excessive parking lots and other vehicular use areas) and
enhance the visual environment. The provisions of this division are also intended to help protect the
public health, safety, and general welfare by: helping avoid and mitigate traffic congestion;
encouraging multimodal transportation options and enhanced pedestrian safety; providing methods
to reduce the amount of impervious surfaces in parking areas and adequate drainage structures in
order to reduce the environmental impacts of stormwater runoff; encouraging paving or alternate
means of surfacing of parking areas in order to address dust abatement and improve air quality; and
providing flexible methods of responding to the transportation and access demands of various land
uses in different areas of the city. In achieving these purposes this division interacts with the
requirements of division 38.550 of this chapter. The design of off-street parking is the responsibility
of the developer and must consider traffic circulation, intended landscaping, pedestrian access and
circulation, and other purposes of this chapter.
1. Floor area.
a. The term "floor area," for the purpose of calculating the number of off-street parking spaces
required, means 85 percent of the gross floor area, as defined in section 38.700.070 of this
chapter. However, at the election of the property owner, floor area means the gross floor
area, as defined in section 38.700.080 of this chapter, minus the following:
(1) Window display areas;
(2) Storage areas;
(3) Areas used for incidental repair of equipment used or sold on the premises;
(4) Areas occupied by toilets and restrooms, kitchens or break rooms;
(5) Areas occupied by public utility facilities;
(6) Areas occupied by dressing rooms, fitting or alteration rooms incidental to the sale of
clothing;
(7) Areas occupied by stairways and elevators;
(8) Corridors connecting rooms or suites of rooms; and
(9) Enclosed areas used for parking vehicles.
Such election must be made in writing to the community development director, must be signed
and acknowledged by the owner, and must be filed with the community development director
prior to the issuance of a building permit for such building. The owner is also responsible for
certifying other information upon which parking requirements may be based, such as seats, and
the number of employees on maximum working shift.
b. Where applicable, the number of spaces required in section 38.540.050 will be the total of
the spaces required for the component activities of certain uses, each calculated
separately.
2. Change of use or occupancy of buildings. With any change of use or occupancy of any building
or buildings an occupancy permit is required. When the change in use or occupancy requires
more than a ten percent cumulative increase in parking over that required with the initial building
construction, an occupancy permit may not be issued until such additional parking spaces, in
the amount required by this chapter, are provided for.
3. Improvement schedule. All parking area improvements to include surfacing, drainage,
walkways, lighting, landscaping, screening, traffic control, etc., must be installed according to
the provisions of division 38.270 of this chapter.
4. Stacking of off-street parking spaces. Required parking spaces must be located so as to
preclude stacking of off-street parking spaces, with the exception of single-household dwellings
and individual townhouse, rowhouse, and multi-household units, and two unit structures with
physically separated individual drive aisles. Physical separation is provided when at least one of
these options are employed: 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 divides the garage entrance. Generally, not more than two cars may be
stacked. When stacking is allowed, not more than two vehicles may be stacked within an
enclosed parking area.
5. No parking permitted in required front or side setbacks. Required parking spaces may not be
located in any required front or side setback, except that detached single-household dwellings
and townhouses, and two unit structures with physically separated individual drive aisles, may
have one space located within a driveway area in the required front setback for each parking
space located directly in front of the driveway area and outside of the required front setback.
6. Parking is permitted within required rear setbacks.
Sec. 38.540.020. - Stall, aisle and driveway design.
A. Parking dimensions. The following are minimum parking space dimensions:
Table 38.540.020
Dimensions of Parking Spaces and Modules
Parking Stall Stall Projection Parking Aisle One-Module One-Interlock
Angle Length
(A)
Width
(B)
(C) Way/Two-Way (D) Way/Two-Way (E) Reduction (F)
Standard Parking Space—Surface and structured parking facilities
30° 18' 9' 16.79' 13'/21' 44.58'/51.58' 2'
45° 18' 9' 19.09' 13'/21' 51.18'/58.18' 2'
60° 18' 9' 20.09' 16'/21' 56.18'/61.18' 1'-6"
75° 18' 9' 19.72' 16'/21' 55.44'/60.44' 1'
90° 18' 9' 18.0' —/24' —/60.0' —
Compact Parking Space—Surface and structured parking facilities
30° 16' 8' 15.79' 13'/21' 42.58'/49.58' 2'
45° 16' 8' 17.69' 13'/21' 48.38'/55.38' 2'
60° 16' 8' 18.36' 16'/21' 52.72'/52.72' 1'-6"
75° 16' 8' 17.78' 16'/21' 51.56'/56.56' 1'
90° 16' 8' 18.0' —/24' —/56.0' —
Individual Residential Garage Dimensional Standards—Subject to 38.540.010.A.4
Number of
Stalls
Stall
Length
(A)
Stall
Width
(B)
Special Conditions
1 20' 9' Additional one foot on all exterior sides of the stall
2 or more 20' 9' Additional one foot on all exterior sides of the stalls
Notes:
1 Unless otherwise approved, all parking spaces must be of standard width and length. In any parking
facility containing 20 or more parking spaces, a maximum of 25 percent of the provided parking spaces
may be reduced in size for small cars, provided these spaces must be clearly identified with a sign
permanently affixed immediately in front of each space containing the notation, "Compacts Only." Where
feasible, all small car spaces must be located in one or more contiguous areas and/or adjacent to ingress
and egress points within parking facilities. Location of compact car parking spaces must not create traffic
congestion or impede traffic flows.
Figure 38.540.020 A.
Parking stall dimensions.
Figure 38.540.020 B.
Parking aisles from Table 38.540.020.
B. Within structures. The off-street parking requirements may be furnished by providing spaces so
designated within the principal building or accessory parking structure. However, no building permit
may be used to convert the parking structures into a dwelling unit or living area or other activity until
other adequate provisions are made to comply with the required off-street parking provisions of this
chapter.
C. Circulation between bays. Except in the case of one to four-household dwellings and individual
townhouse/rowhouse units, parking areas must be designed so that circulation between parking
bays occurs within the designated parking lot and does not depend upon a public street or alley.
Turning radii between bays and additional back-up length for dead end aisles must conform to
requirements of the International Fire Code.
D. Backing requirements. All required parking must have adequate back-up maneuverability as
specified in Table 38.540.020. The aisle width calculation may incorporate the width of the public
right-of-way. Except in the case of one- to four-household dwellings and individual
townhouse/rowhouse-style units with individual garages, parking area design which requires backing
into the public street is prohibited. With the exception of residential development, parking area
design which requires backing into the public alley is prohibited. An exception to the prohibition to
backing into the alley by non-residential development may be granted by the review authority when
function of the alley will not be impeded and when necessary due to local site conditions.
E. Parallel parking spaces. Parallel parking spaces must be a minimum of 24 feet in length and seven
feet in width measured from the inside edge of a curb or the inside edge of the asphalt if curbing is
not present.
Figure 38.540.020 C.
Parallel parking layout.
F. Surfacing. Except for one-household development on individual lots, all areas intended to be utilized
for permanent parking space and drive aisles must control dust and drainage. All proposed parking
areas and driveway improvements must require a grading and drainage plan approved by the review
authority. Areas must be paved with concrete or asphaltic concrete or approved pavers; an
alternative surfacing method such as pervious pavement may be used, subject to review and
approval by the review authority. Surfacing methods which minimize stormwater runoff and provide
for functional parking and circulation are encouraged.
1. However, paving is not required for permitted and conditional uses in the R-S zoning districts
when all of the following circumstances exist:
a. The use is required to provide fewer than 15 parking spaces and no loading spaces under
the provisions of this section;
b. The lot or tract on which the use is located is not adjacent to a paved street or road; and
c. The applicant must enter into an improvements agreement with the city agreeing that the
lot must be paved within nine months of the time an adjacent roadway is paved.
G. Striping. All parking stalls must be marked with white or yellow painted lines not less than four
inches wide, except for one- to four-household dwellings and individual townhouse/rowhouse units.
An exception to this requirement may be approved by the city when the striping would otherwise be
applied to an area that does not have a permanent and durable wearing surface.
H. Lighting. Any lighting used to illuminate an off-street parking area must comply with the lighting
standards of division 38.570.
I. Signs. No sign may be so located that it restricts the sight lines and orderly operation and traffic
movement within any parking area. All signs must conform to the requirements of division 38.560 of
this chapter.
J. Parking lot curbing.
1. All open off-street parking areas and drive aisles must have perimeter concrete curb around the
entire parking lot, including driving access ways, except for individual townhouse/rowhouse
units and one- to four-household dwellings. Continuous concrete curbing must be built
according to standards provided by the review authority. Unless otherwise approved, the
perimeter curb must be six-inch by six-inch concrete.
2. Concrete pindown wheel stops may be permitted as an alternative to continuous concrete
curbing in front of parking spaces which front on the perimeter of the parking lot. However,
continuous concrete curbing as described above must be provided in all situations where
deemed necessary by the review authority to control drainage and soil erosion.
3. Alternative perimeter treatment may be permitted subject to the approval of the city engineer.
4. Requirements for perimeter curbing do not preclude shared access between adjacent parking
lots.
K. Protruding vehicles. All on-site parking stalls which abut property lines must be designed and
constructed such that parked vehicles do not protrude over property lines.
L. Pedestrian facilities in parking lots. Concrete sidewalks a minimum of three 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.
Figure 38.540.020 D.
Curb stops.
M. Snow removal storage areas. Snow removal storage areas must be provided sufficient to store snow
accumulation on site. Such areas may not cause unsafe ingress/egress to the parking areas, may
not cause snow to be deposited on public rights-of-way, may not include areas provided for required
parking access and spaces, and may not be placed in such a manner as to damage landscaping. All
snow removal storage areas must be located and designed such that the resultant stormwater runoff
is directed into landscaped retention/detention and water quality improvement facilities as required
by the engineering department, or in compliance with the storm drainage provisions of chapter 40
article 4, and/or best practices manual.
N. Parking and stacking for drive-in/drive-through facilities. Required parking and stacking spaces for
waiting automobiles must provide a minimum of two stalls and six spaces for stacking per lane
unless a traffic summary shows that fewer spaces may be required. These spaces may not in any
manner inhibit on-site or off-site vehicular circulation.
O. Ownership/leasehold. Required parking lots must be owned or leased by the owner or lessee of the
building or use being served by such parking. Such parking lots must be maintained as a parking lot
so long as the building and/or use served is in operation or until another approved parking area is
established for such building or use.
P. Stormwater drainage. Stormwater drainage from parking lots must be directed into landscaped
detention/retention facilities and water quality improvement facilities as required by the engineering
department, or in compliance with the storm drainage provisions of chapter 40 article 4, and/or best
practices manual adopted by the city.
Q. Mechanical automobile lifts. Mechanical automobile lifts may be used to meet required parking when
the mechanical automobile lift design allows for access to a specific car on demand. Parking spaces
within the lift may be counted towards the required parking requirement. The mechanical automobile
lift must be fully enclosed in a structure.
Sec. 38.540.030. - Structured parking facility development standards.
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. In the event of a conflict between the design
objectives plan 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.
2. 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. 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. 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. 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. 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. Buildings must be oriented to the adjacent public or private street.
Sec. 38.540.040. - Maintenance of parking areas.
A. It is the joint and separate responsibility of the lessee and owner of the principal use, uses or
building to maintain in a neat and adequate manner the parking space, accessways, striping,
landscaping and required fences or screening.
1. Use of required parking areas for parking only. Required off-street parking spaces in any district
may not be utilized for open storage, sale or rental of goods, or storage of inoperable vehicles,
except when permitted as a temporary use.
2. Parking spaces identified and maintained. All residential occupancies must provide required off-
street parking spaces. When enclosing a carport or garage for storage or living purposes, an
affidavit must be submitted to the community development director identifying the required
parking spaces necessary to comply with section 38.540.050.
Sec. 38.540.050. - Number of parking spaces required.
A. The following minimum number of off-street, paved parking spaces for motor vehicles and bicycles
must be provided and maintained by ownership, easement and/or lease for and during the life of the
respective uses hereinafter set forth. When calculation of the required parking results in a fraction of
a parking space being required, the fractional space is not required to be provided.
1. Residential uses.
a. Minimum requirements. The number of spaces shown in Table 38.540.050-1 must be
provided subject to the adjustments allowed in this subsection 1. The number of disabled
parking stalls 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.
(1) One parking space for each 24 uninterrupted linear feet of available street frontage
usable for on-street parking directly adjacent to a lot may be deducted from the total
parking spaces required for a development. The number of on-street spaces
calculated may not exceed the number of dwellings on the lot. The width of drive
accesses, designated non-parking areas, vision triangles, and similar circumstances
may not be considered to be available for the purpose of on-street parking space.
Table 38.540.050-1
Dwelling Types Parking Spaces Required per Dwelling
Accessory dwelling unit 1
Lodginghouse 0.75 spaces per person of approved capacity
Efficiency unit 1.25 (1.0 in R-5)
One-bedroom 1.5 (1.25 in R-5)
Two-bedroom 2 (1.75 in R-5)
Three-bedroom 3 (2.5 in R-5)
Dwellings with more than three bedrooms 4 (3 in R-5)
Group homes and community residential facilities 0.75 spaces per person of approved capacity 1
Bed and breakfast 1 space/rental unit
Manufactured home 2
All types of dwellings within the B-3 district 1
Group living /cooperative household/fraternity/sorority 1 space per resident 1
Transitional and emergency housing 0.25 spaces per person of approved capacity 1, 2
1 A facility may request to provide fewer parking spaces if the applicant provides evidence that
some or all residents are prohibited from operating motor vehicles. Under no condition may less
than two parking spaces be provided. If the use of the facility is altered to serve a different
population who may operate motor vehicles, then the additional required parking must be
provided before the change in use may occur.
2 Additional services and facilities to serve non-residents must provide parking in accordance
with this Table 38.540.050-3.
b. Adjustments to minimum requirements.
(1) Affordable housing. When calculating the amount of required parking for affordable
housing, as defined in section 38.700.020 of this chapter, if the project is guaranteed
for use as affordable housing for a minimum period of 20 years and the use as
affordable housing is subject to long term monitoring to ensure compliance and
continued use as affordable housing, required parking spaces must be calculated
based on number of bedrooms outlined in Table 38.540.050-1, but may not exceed
two spaces per unit.
(2) Residential uses in mixed-use projects. In order to utilize this section, the long term
availability of the non-residential parking spaces upon which the use of this section
was based must be ensured to the residents of the project. For the purpose of this
section a building is considered mixed-use if the non-residential portion of the building
is at least one-quarter of the gross square feet not used for parking. Residences in
mixed-use buildings may count on-street parking per subsection 1.a.(1) of this section
even if the area is subject to occupancy time limits. The use of this section does not
preclude the use of other sections of this chapter which may have the effect of
reducing the required amount of parking. When calculating the amount of required
parking for residential uses within a mixed-use project the amount of parking may be
reduced subject to Table 38.540.050-2.
Table 38.540.050-2
Reduction
Allowed Ratio of Required Non-residential to Required Residential Parking Spaces
50% Greater than 1:1 but less than 3:1
100% Equal to or greater than 3:1
(3) A car-sharing agreement meeting the criteria established by the community
development director may be used to meet the required number of parking spaces. To
use this option the development must have more than five dwelling units. Each vehicle
provided through a car sharing agreement counts as required parking at a ratio of one
dedicated car-share space to five standard spaces, up to a maximum of 50 percent of
the total required residential parking.
(4) Transit availability. A residential development subject to site plan review may take a
ten percent reduction in required parking spaces where the development is within 800
feet of a developed and serviced transit stop. For the purpose of this subsection a
transit stop is eligible when it has a shelter installed which meets the standards of and
is approved by the transit provider, and service is provided on not less than an hourly
schedule a minimum of five days per week.
2. Non-residential uses.
a. Minimum requirements. The number of spaces shown in Table 38.540.050-3 must be
provided subject to the adjustments allowed by this division 38.540. Spaces are not
required to be provided free to the user. The required number of disabled parking stalls
required by the Americans with Disabilities Act Accessibility Guidelines (ADAAG) may be
provided from the minimum number of required parking stalls. Accessible spaces count
towards satisfying minimum parking requirements. All site plans submitted for permit
purposes must identify parking space allocations. When a use is not included in Table
38.540.050-2, the review authority will determine the appropriate classification for the
purpose of required parking.
b. Maximum parking. Provision of parking spaces in excess of 125 percent of the minimum
number of spaces required for the net floor area in this subsection 2 is not permitted.
Table 38.540.050-3
Use Type Off-Street or Off-Road Parking Spaces Required
Automobile sales 1 space per 200 square feet of indoor floor area; plus 1 space per 20
outdoor vehicle display spaces
Automobile service and/or
repair station 2 spaces per service stall, but no less than 4 spaces
Automobile washing
establishment
Automatic
drive-through 3 spaces or 1 for each employee on maximum shift; plus stacking space
Self-service 2 spaces per stall not including washing or drying spaces
Bank, financial institutions 1 space per 300 square feet of floor area
Bowling alley 2 spaces per lane; plus 2 spaces per billiard table; plus
Church
1 space per six persons of maximum occupancy load (as identified in the
International Building Code) for main assembly hall, public assembly
areas and classrooms
Community or recreation
center 1 space per 200 square feet of floor area
Community residential facility
with more than 9 residents or
age restricted housing
1 space per unit
Health and exercise
establishment 1 space per 200 square feet of floor area; plus 3 spaces per court
Day care centers 1 space per staff member plus 1 space per 15 children permitted
Furniture stores over 20,000
square feet 3 spaces per 1,000 square feet of floor area
Golf courses
1 space per 200 square feet of main building floor area; plus 1 space for
every 2 practice tees in driving range; plus 4 spaces per each green in the
playing area
Hospitals 1 space per bed.
Medical and dental offices 4 spaces for each full-time equivalent doctor or dentist; plus 1 space for
each full-time equivalent employee
Manufacturing and industrial
uses
1 space per 1,000 square feet of floor area, plus 1 space per 2 employees
on maximum working shift
Motels, Hotels 1.1 spaces per each guest room; plus 1 space per employee on maximum
shift; plus spaces for accessory uses as follows:
Restaurants, bars, dining
rooms
1 space per 60 square feet of indoor public serving area; plus 1 space per
120 square feet of outdoor (patio) area
Commercial area 1 space per each 400 square feet of floor area
Public assembly areas
1 space for each 5 seats based upon design capacity, except that total
off-street parking for public assembly may be reduced by 1 space for
every 4 guest rooms
Nursing homes, rest homes
or similar uses
4 spaces; plus 1 space for each 3 beds; plus 1 space for each employee
on maximum shift
Offices (except medical and
dental) 1 space per 250 square feet of floor area
Outdoor sales (plant
nurseries, building materials,
equipment rental and similar)
1 space per 500 square feet of sales and/or display area. The size of the
sales and/or display area will be determined on a case-by-case basis.
Restaurants, cafes, bars and
similar uses
1 space per 50 square feet of indoor public serving area; plus 1 space per
100 square feet of outdoor (patio) area
Retail store and service
establishments 1 space per 300 square feet of floor area
Sales sites; model homes 1 space per 250 square feet of model floor areas; plus 1 space per
employee
Schools
Elementary and/or junior 1.5 spaces for each classroom, library, lecture hall and cafeteria; plus 1
space for each 3 fixed seats in the area of public assembly, or 1 space for
high each 25 square feet of area available for public assembly if fixed seats
are not provided
Senior high
1.5 spaces for each classroom or lecture hall; plus 1 space per each 5
students; plus 1 space for each nonteaching employee; plus 1 space per
each 3 fixed seats in the area of public assembly, or 1 space per 25
square feet of area available for public assembly if fixed seats are not
provided
Business or similar school 1 space for each 1.5 students
Theater, auditorium or similar 1 space per 4 seats based upon place of assembly design capacity
Warehousing, storage or
handling of bulk goods
1 space per 1,000 square feet of floor area devoted to storage of goods;
plus appropriate spaces to support accessory office or retail sales
facilities at 1 space per 350 square feet of floor area
c. Adjustments to minimum requirements. To implement the city's adopted growth policy,
adjustment of parking requirements within certain areas of the city is desired. Use of this
section may not be considered as joint use of parking or off-site parking regulated by
sections 38.540.060 and 38.540.070, nor does the use of this section preclude the use of
other sections of this chapter which may have the effect of reducing the required amount of
on-site parking. More than one adjustment may apply. Multiple adjustments are added
together to modify the minimum required parking from Table 38.540.050-3 in a single
operation. Multiple adjustments are not applied sequentially.
(1) Neighborhood commercial. Within the B-1 and R-O zoning districts implementing a
small scale Community Commercial Mixed Use growth policy designation or the B-3
zoning district, the parking requirements for non-residential uses may be reduced.
Table 38.540.050-4
Use Allowable Reduction
Retail 40 percent
Restaurant 50 percent
Office 20 percent
All others 30 percent
(2) Community commercial and residential emphasis mixed use. Within zoning districts
lying within a commercial node, as defined in section 38.700.040 of this chapter, and
the REMU district the parking requirements for non-residential uses may be reduced.
Table 38.540.050-5
Use Allowable Reduction
Retail 20 percent
Restaurant 30 percent
Office 10 percent
All others 10 percent
(3) Transit availability. Required parking may be reduced by ten percent in
circumstances where the development is within 800 feet of a developed and serviced
transit stop. For the purpose of this subsection a transit stop is eligible when it has
publicly available cover from weather approved by the transit provider to be equivalent
to a transit shelter, and service is provided on not less than an hourly schedule a
minimum of five days per week.
(4) Structured parking. An additional 15 percent reduction may be taken when the site is
within 800 feet of a parking structure of at least 200 spaces, which is available to the
general public, and for which a fee for parking is charged.
(5) The first 3,000 gross square feet of a non-residential building within the B-3 district or
adjacent to designated storefront block frontage per section 38.500.010 is not
included in the calculation of required parking.
(6) Property owners' have the option of requesting the reduction of up to ten percent of
the required parking spaces for non-residential uses if:
a. In addition to the minimum otherwise required by this chapter, two covered
bicycle parking spaces are provided for each automobile space not provided; and
b. For each ten or fraction of ten automobile parking stalls reduced, a non-
residential shower, changing area, and five clothing lockers are provided on-site.
3. Exceptions to these parking requirements. Because some situations (i.e., existing lots which
have no landscaping, irregular lots, lots with topographic difficulties, etc.) would benefit from an
alternative to the required maximum parking areas; because the community's appearance could
benefit from additional landscaping, streetscaping and sculptural elements; and because
parking exceptions and/or landscaping would encourage development within existing city
boundaries; the following alternatives may be permitted. These alternatives may be proposed
by the developer for review by the ADR staff. Such proposals may be approved based on a
determination that such alternatives meet the following requirements and will not create a
congested on-street parking situation in the vicinity of the proposal:
a. Landscaping in lieu of parking. Except in the B-3 district, property owners' have the option
of requesting the deletion of up to five required spaces or ten percent of the required
parking spaces, whichever is less, if 350 square feet of landscaping, trees or streetscaping
is installed on the property for each space so deleted. This does not decrease the amount
of landscaping that would have been required with full parking, but is in addition to such
landscaping. This option must be approved by the ADR staff. These improvements must
be placed in the public right-of-way or setbacks directly facing the right-of-way.
b. Cash-in-lieu modifications to parking requirements in B-3 district. Where all or part of the
required parking spaces cannot be provided for a proposed use in the B-3 District, either
through ownership or lease of the necessary land, the petitioner may satisfy the parking
requirements by providing an equivalent cash-in-lieu payment according to the following
provisions:
(1) No building permit must be issued, nor must any use of property be initiated, unless a
satisfactory cash-in-lieu payment is received by the department of administrative
services;
(2) The parking commission must review and consider all requests for cash-in-lieu
payments and furnish a written and dated certificate, signed by the parking
commission chair, authorizing cash-in-lieu payments. A copy of this certificate must be
presented to the chief building official and community development director before a
building permit is issued or the use instituted;
(3) For each required parking space not provided, payment must be made to the city
administrative services department as specified by standard payment requirements
established by the parking commission;
(4) All real property assessed by special improvement district (SID) No. 565, or other
similarly adopted improvement districts designed to provide additional parking spaces
within the B-3 district, will not be required to provide additional parking spaces beyond
those required at the time of the SID adoption, provided the use of the real property
and improvements remains unchanged from the initial assessments of SID No. 565,
or other similarly adopted improvement districts;
(a) In the event that a new use or an expansion is initiated on any portion of real
property or improvements are made subsequent to the assessments for SID No.
565 or other similarly adopted improvement districts, then parking space
requirements must be satisfied prior to initiation of those new or expanded uses.
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.
a. Bicycle parking facilities must comply with standards in the city's long range transportation
plan.
b. 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. 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. Covered bicycle parking is encouraged.
e. 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.
6. B-2M district.
a. Minimum requirements. The number of spaces shown in Table 38.25.040-6 shall be
provided subject to the adjustments and exceptions allowed in this subsection.
b. Maximum parking. Provision of parking spaces in excess of the minimum number of
spaces required in Table 38.25.040-3 is not permitted.
Table 38.540.050-6
Use Minimum Parking Spaces Required Minimum Bicycle Parking Spaces
Required
Residential 1 per unit 1 per unit
Commercial 2 per 1,000 square feet of gross
floor area
1 per 1,000 square feet of gross
floor area
Restaurant (stand-alone) 5 per 1,000 square feet of gross
floor area
5 per 1,000 square feet of gross
floor area
Hotels, Motels 0.8 per guest room 2 per 5,000 square feet of gross
floor area
Arts and/or Entertainment
Center
5 per 1,000 square feet of gross
floor area
5 per 1,000 square feet of gross
floor area
Manufacturing 2 per 1,000 square feet of gross
floor area
2 per 5,000 square feet of gross
floor area
c. Adjustments to minimum requirements. No reductions in required parking spaces may be
taken for any development within the B-2M zoning district, except pursuant to 38.25.050,
Joint use of parking facilities.
d. Requirements within the Midtown Urban Renewal District in the B-2M zoning district. The
minimum parking requirements of this section do not apply within the Midtown Urban
Renewal District the boundary of which is described in the Midtown Urban Renewal Plan
adopted pursuant to Ordinance 1925 and incorporated herein. All other requirements of
this section, including bicycle parking, maximum parking and standards when parking is
provided, are applicable.
e. Off-site parking. Any off-site parking used to meet the requirements of this chapter for
development in the B-2M zoning district must comply with 38.25.060, except that off-site
parking for multiple household dwellings may not be located more than 1,000 feet from any
commonly used entrance of the principle use served.
(Ord. No. 1997 , § 4, 3-19-2018)
Sec. 38.540.060. - Joint use of parking facilities.
Up to 80 percent of the non-residential parking spaces required by this division 38.540 may be
provided through shared parking, subject to the requirements in subsections A and B of this section.
A. Shared parking may be requested if parking can be provided to serve two or more individual
land uses without conflict or encroachment. The review authority may make a determination for
shared parking arrangements based on a traffic survey or traffic impact study for the site based
on the following:
1. At a minimum, a traffic survey or traffic impact study must examine for all potential uses:
trip generation, hours of operation, quantity of required parking spaces, quantity of spaces
that will be filled during peak hour periods, and any unusual events that may occur during
the year that will exceed the average parking requirement. The study must indicate that
adequate parking exists to meet the demand of potential uses served as well as meet
technical requirements as specified by the review authority.
2. The parties sharing parking spaces must enter into a long-term joint use agreement
revocable with review authority approval, running with the term of the designated uses.
B. Conditions required for joint use.
1. The building or use for which application is being made to utilize the off-street parking
facilities provided by another building or use must be located within 1,000 feet of such
parking facilities as measured by the route of travel from the nearest parking space to the
commonly used entrance of the principal use served;
2. The applicant must show that there is no substantial overlap in the operating hours of the
two buildings or uses for which joint use of off-street parking facilities is proposed; and
3. A properly drawn legal instrument, executed by the parties concerned for joint use of off-
street parking facilities, duly approved as to form and manner of execution by the city
attorney, must be filed with the city clerk and recorded with the county clerk and recorder.
Sec. 38.540.070. - Off-site parking.
A. Any off-site parking used to meet the requirements of this chapter must be reviewed by the
community development director for compliance with this chapter and will be subject to the following
conditions:
1. Off-site parking must be developed and maintained in compliance with all requirements and
standards of this chapter;
2. Reasonable continuous pedestrian and vehicle access from off-site parking facilities to the use
being served must be provided;
3. Off-site parking for one-household and two-household dwellings is not permitted;
4. Off-site parking for multiple household dwellings may not be located more than 300 feet from
any commonly used entrance of the principal use served;
5. Off-site parking for non-residential uses may not be located more than 1,000 feet from the
entrance of the principal use. The distance is measured on a pedestrian route of travel such as
a sidewalk or city standard trail from the nearest parking space to the entrance of the principal
use served; and
6. Any use which depends upon off-site parking to meet the requirements of this chapter must
maintain ownership or provide evidence of a long-term lease agreement, revocable with review
authority approval, running with the term of the designated use, for parking utilization of the off-
site location.
(Ord. No. 1994 , § 8, 3-31-2018)
Sec. 38.540.080. - Off-street loading berth requirements.
A. Affected uses. Every hotel/motel with restaurant, conference center, restaurant, department store,
freight terminal or railroad yard, hospital or sanitarium, industrial plant, manufacturing establishment,
retail establishment, storage warehouse or wholesale establishment, and all other structures devoted
to similar mercantile or industrial pursuits, which has an aggregate gross floor area of 15,000 square
feet or more must provide off-street truck loading or unloading berths in accordance with the
following Table 38.540.080:
1. Any office building 100,000 square feet or larger must have at least one off-street loading berth.
Table 38.540.080
Square Feet of Aggregate Gross Floor Area Devoted to Such Use Number of Berths
15,000 square feet up to and including 40,000 square feet 1
40,001 square feet up to and including 100,000 square feet 2
For each additional 100,000 square feet 1 additional
B. Standards for off-street loading facilities. All off-street loading facilities must conform to the following
standards:
1. The first loading berth must be at least 70 feet in length. Additional berths required must be at
least 45 feet in length unless certified by the property owner in writing that additional loading
activity will take place exclusively with small delivery vans, in which case the berth must be at
least 25 feet in length. All loading berths must be at least 12 feet in width and 14 feet in height,
exclusive of aisle and maneuvering space.
2. Such space may occupy all or any part of any required setback space, except front and exterior
side setbacks, and may not be located closer than 50 feet to any lot in any residential zone
unless separated from such zone, except at the accesses, by screening not less than eight feet
in height.
3. Sufficient room for turning and maneuvering vehicles must be provided on the site so that
vehicles can cross a property line only by driving forward.
4. Each loading berth must be accessible from a street or alley or from an aisle or drive connecting
with a street or alley, without traversing a residential district.
5. The loading area, aisles and access drives must be paved so as to provide a durable, dustless
surface and must be so graded and drained as to dispose of surface water without damage to
private or public properties, streets or alleys.
6. Bumper rails must be provided at locations where needed for safety or to protect property.
7. No regular repair work or servicing of vehicles may be conducted in a loading area.
8. Off-street loading facilities must be located on the same site with the use for which the berths
are required.
9. If more than one use is located on a site, the number of loading berths provided must be equal
to the sum of the requirements prescribed in this chapter for each use. If more than one use is
located on a site, and the gross floor area of each use is less than the minimum for which
loading berths are required, but the aggregate gross floor area is greater than the minimum for
which loading berths are required, off-street loading berths must be provided as if the aggregate
gross floor area were used for the use requiring the greatest number of loading berths.
10. Off-street loading facilities for a single use will not be considered as providing required off-
street loading facilities for any other use.
11. At the time of initial occupancy, major alterations or enlargement of a site, or of completion of
construction of a structure or of a major alteration or enlargement of a structure, off-street
loading berths subject to the provisions of division 38.270 of this chapter must be provided. The
number of loading berths provided for a major alteration or enlargement of a site or structure
must be in addition to the number existing prior to the alteration or enlargement.
12. Space allocated to any off-street loading berth may not be used to satisfy the space
requirements for any off-street parking facility.
DIVISION 38.550. - LANDSCAPING
Sec. 38.550.010. - Purpose and intent.
A. The process of development, with its alteration of the natural topography and vegetation, and
creation of impervious cover can have a negative effect on the ecological balance of an area by
causing or accelerating the processes of runoff, erosion and sedimentation. The economic base of
the city can and should be protected through the preservation and enhancement of the area's unique
natural beauty and environment. Recognizing that the general objectives of this division are to
promote and protect the health, safety and welfare of the public, these landscaping regulations are
adopted as part of this chapter for the following specific purposes:
1. To aid in stabilizing the environment's ecological balance by contributing to the process of air
purification, oxygen regeneration, groundwater recharge, stormwater runoff retardation, and
improvement of water quality, while at the same time aiding in noise, glare and heat abatement;
2. To provide visual buffering between land uses of differing character by placing screening
vegetation;
3. To enhance the beauty of the city by expanding and strengthening the urban forest and
providing a diversity of vegetation within the city;
4. To protect the character and stability of residential, business, institutional and industrial areas by
establishing minimum landscaping standards;
5. To preserve the value of land and buildings by protecting and enhancing the aesthetic character
of the community;
6. To conserve energy by providing windbreaks, shade and temperature moderation;
7. To retard the spread of noxious weeds by encouraging a vigorous desirable plant community
within the city;
8. To enhance the appearance of the entryways into the city by providing high-quality landscaping
which complements architecture;
9. To encourage a pleasant and safe environment for pedestrians by placement of boulevard trees
and other interesting visual features; and
10. To encourage the conservation of water by rewarding the use of low water demand
landscaping.
Sec. 38.550.020. - Interpretation and scope.
A. The provisions of this division apply to a lot or site when an application is being made for:
1. Site development approval pursuant to division 38.230 of this chapter;
2. Signs pursuant to division 38.560 of this chapter where landscaping is required; or
3. Restoration of a building that has been damaged or destroyed by fire, explosion, flood, tornado,
riot, act of the public enemy or accident of any kind. For purposes of this subsection A,
"restoration" means the act of putting back into a former or original state, only.
B. Notwithstanding the application of subsection A of this section, the provisions of this division 38.550
do not apply to the following:
1. Lots containing residential uses subject to sketch plan review, except when such lots are
subject to sections 38.550.050.A and E, 38.550.070 and 38.550.100;
2. Lots or sites within a planned unit development which has been approved with its own
landscape plan. However, these provisions must be used as the basis for determining the
landscaping plans for future planned unit developments and such planned unit development
landscaping plans must meet or exceed the standards of these landscape regulations; or
3. Lots or sites which are designed, reviewed and approved according to the deviation provisions
specified in section 38.550.080.
Sec. 38.550.030. - General landscaping provisions.
A. Landscape plans must include the information required by section 38.220.100.
B. Vegetation may only be used to satisfy the requirements of this division 38.550 when it is located on
the same zone lot as the development depicted on the landscape plan.
Sec. 38.550.040. - Landscape plan review.
A. The review authority established in division 38.200 must review each landscape plan to determine
whether or not it complies with the requirements of this section.
B. All landscape plans must comply with the mandatory landscape provisions in section 38.550.050.
C. In addition, all landscape plans must earn a minimum number of points as specified in section
38.550.060. Points are awarded for specified landscape features and elements based upon their
relative value or merit. The alternatives for achieving the minimum points needed for approval are
provided in section 38.550.060.
Sec. 38.550.050. - Mandatory landscaping provisions.
A. Setback landscaping required. For all uses in all districts, unless otherwise provided by specific
approval through design review procedures, all front, side and rear setbacks, and those areas
subject to section 38.550.050.E, exclusive of permitted access drives, parking areas and accessory
structures, must be landscaped as defined in this chapter. All landscaped areas must be perpetually
maintained in a healthy condition.
1. For purposes of defining setback landscaping requirements, the terms "setback," "front
setback," "side setback" and "rear setback" mean the space between the actual building,
parking lot, or other structure (not the building setback line) and the adjacent lot line, which is
open and unoccupied from the ground upward or from the ground downward other than by
steps, walks, terraces, drive aisles, lamp posts and similar structures, and unobstructed by
structures, except as otherwise provided in this chapter.
Figure 38.550.050.A.1.
Setbacks.
B. Additional screening requirements. The site plan or other approval authority may require additional
screening when it is determined to be in the best interest of the affected properties. Such additional
screening may be required between existing and/or future:
1. One-household and multi-household developments or apartment buildings;
2. Multi-household and multi-household developments or apartment buildings;
3. Residential and non-residential uses; or
4. Non-residential uses of differing character and/or intensity.
C. Parking lot landscaping.
1. For purposes of defining parking lot landscaping requirements, the term "parking lot" means the
area within the perimeter of the paved portion of the parking lot, including drive aisles but not
including drive accesses and parking stalls in front of garages where the use of one or more
spaces within the garage is assigned to a particular dwelling. The provisions of this subsection
do not apply to parking areas, provided within a building or parking structure, as defined in
section 38.700.150 of this chapter.
2. All surface parking lots on the building site or artificial lot, whichever is applicable, must be
landscaped in accordance with this subsection C.2 which describes landscaping requirements
in addition to the setback landscaping requirements for the site:
a. Parking lot screening required.
(1) All parking lots located on a lot with a residential adjacency must be screened from
that residential adjacency;
(2) All parking lots located between a principal structure and a public street, except in M-
1 and M-2 districts, must be screened from the public street; and
(3) The screening required under subsections C.2.a.(1) and (2) of this section may be
not less than four feet in width and must be maintained at a height of four to six feet
except as otherwise restricted by fence and hedge height limits within required front
setbacks and street vision triangles.
Figure 38.550.050.C.2.a
Parking lot landscape screening.
b. Large canopy trees, large non-canopy trees or small trees must be provided in, or within 20
feet of, the parking lot at a minimum average density of:
(1) One large canopy tree; or
(2) One large non-canopy tree and one small tree; or
(3) Three small trees for each nine parking spaces required or provided.
c. No parking space shall be located more than 90 feet from the trunk of a tree.
d. No tree shall be planted closer than four feet to the paved portion of the parking lot.
Figure 38.550.050.C.2.d.
e. Additionally, any parking lot providing 15 or more parking spaces must have a minimum of
20 square feet of landscape area within the parking lot for each off-street parking space in
the lot provided as follows:
(1) The interior parking lot landscaping must be designed to facilitate, control and denote
proper vehicular circulation patterns;
(2) Internal parking lot landscaping provided must be proportionately dispersed so as to
define aisles and limit unbroken rows of parking to a maximum of 100 feet, with
landscaped areas provided in an appropriate scale to the size of the parking lot; and
(3) The minimum width and/or length of any parking lot landscaped area is eight feet.
f. The above standards are minimum mandatory standards. The provisions of section
38.550.060 require additional vegetation or other landscape features for receipt of
performance standard points.
D. Screening of off-street loading spaces.
1. All off-street loading spaces on a lot with residential adjacency must be screened from that
residential adjacency.
2. In all districts, except M-1 and M-2 districts, all off-street loading spaces on a lot must be
screened from all public streets adjacent to that lot.
3. The screening required under subsections D.1 and 2 of this section must be at least six feet in
height.
E. Street frontage landscaping required.
1. Except in R-S districts, all street rights-of-way contiguous to or within the proposed development
site not used for street pavement, curbs, gutters, sidewalks or drive aisles must be landscaped,
as defined in this chapter, and must include one large canopy tree for each 50 feet of total street
frontage rounded to the nearest whole number. When this requirement conflicts with other
requirements of this chapter or other portion of this Code the review authority may relax this
standard to reach an optimal balance in public interests.
a. Acceptable large canopy shade trees for use in public rights-of-way are those accepted by
the forestry department. Street trees must meet the arboricultural specifications and
standards of chapter 16, article V, division 3. The forestry department, in cooperation with
the city tree advisory board, publishes a pamphlet listing acceptable species and proper
planting methods. Prior to planting street trees, a permit from the forestry department is
required.
2. Where it may be impractical or difficult to plant large canopy trees within the public right-of-way
(due to the presence of overhead power lines, for instance) the requirement for one large
canopy tree for each 50 feet of street frontage may be substituted with two small ornamental
trees per 50 feet of total street frontage. Acceptable small ornamental trees for use in public
rights-of-way are those accepted by the forestry department.
3. The minimum quantity of trees and other landscaping required and provided in the public right-
of-way as described herein must be designed to complement on-site landscaping and to
enhance the proposed development project and the streetscape.
F. Street median island landscaping. All street median islands approved through a plan review process
must be landscaped according to requirements determined through the plan review process.
G. Acceptable landscape materials.
1. Acceptable plant materials are those identified as hardy in Zones 1 through 4. The
characteristics of the zones are described in The Western Garden Book, Sunset Publishing
Corporation as amended. Alternatives may be considered upon a case-by-case basis. However,
in the case of street frontage landscaping as required in subsection E of this section, acceptable
tree species are limited to those approved by the city forestry division.
2. No artificial plant materials may be used to satisfy the requirements of this division 38.550.
3. Plant materials used to satisfy the requirements of this division 38.550 must comply with the
following minimum size requirements at the time of installation (depending on the standard
measuring technique for the species):
a. Large canopy and non-canopy trees must have either:
(1) For deciduous trees a minimum caliper of one and one-half inches to two inches; or
(2) For evergreen trees a minimum height of eight feet.
b. Small canopy and non-canopy trees must have either:
(1) For deciduous trees a minimum caliper of one inch; or
(2) For evergreen trees a minimum height of six feet.
c. All other non-turf plantings must meet American Nursery and Landscape Association
standards.
4. For purposes of subsection G.3 of this section, height is measured from the top of the root ball
or, if the plant is in a container, from the top soil level in the container.
Figure 38.550.050.
Dimensions of acceptable landscape materials.
H. Protection of landscape areas.
1. Perimeter parking lot treatment as required in section 38.540.020.J must be installed to protect
landscape areas adjacent to parking lots.
2. Landscaped areas within parking lots (i.e., landscape islands or peninsulas) must be protected
from vehicular traffic through the use of continuous concrete curbs, or other permanent barriers
approved by the review authority. Railroad ties, rolled asphalt, pin down wheel stops or similar
methods of curbing are not acceptable methods of landscape protection within parking lots.
I. Irrigation standards.
1. Permanent irrigation systems must be provided to all landscaped areas. The use of hose bibs
on the exterior of existing or proposed structures is not an acceptable method of landscape
irrigation unless the landscaped area is adjacent to the existing or proposed structure.
2. All irrigation systems and landscaped areas must be designed, constructed, operated and
maintained so as to promote water conservation and prevent water overflow or seepage into the
street, sidewalk or parking areas.
J. Required use of trees. All landscape plans must include, for each setback with a residential
adjacency, at least one of the performance standards in section 38.550.060.B that requires the use
of one or more trees.
K. Coordination with utilities. In order to prevent damage to both vegetation and public utility lines, all
trees and other large vegetation may planted no closer than the minimum distance specified in the
city design standards and specifications policy.
L. Maximum allowable slope or grade.
1. The finish grade of all landscaped areas, including, but not limited to, required setbacks, parking
lot landscape islands, open space areas, plaza areas, watercourse corridors, landscaped areas
adjacent to sidewalks, public trails or pathways, and any stormwater facilities proposed in
required setbacks, dedicated parkland, or open space areas may not exceed a slope of 25
percent grade (four run to one rise).
2. The slope percent is computed by dividing the vertical distance by the horizontal distance
multiplied by 100. The degree of slope is equal to the tangent of vertical distance over horizontal
distance (refer to figure 38.550.050).
3. The review authority may vary the maximum allowable slope of 25 percent grade to protect
existing topographical or natural features (i.e., watercourse, wetlands, mature vegetation)
associated with a site. Alternatives to enable exceeding the maximum allowable slope of 25
percent may include terracing, retaining walls, architectural appurtenances, landscape features,
or a combination thereof that will achieve a greater design quality and enhanced landscape
features.
4. All landscaped areas to be finished in grass that exceed a maximum allowable slope of 25
percent grade must be installed as turf sod, or hydro-seed. If hydro-seed is utilized, additional
erosion control fabric (i.e., matting or blanket or equivalent thereof) must be provided to ensure
a stable slope for a minimum of one calendar year while the vegetation becomes established.
Sec. 38.550.060. - Landscape performance standards.
A. In addition to complying with the mandatory landscape provisions in section 38.550.050, all
landscape plans must earn a minimum number of points as specified in this section. Points are
awarded for specified landscape features and elements based upon their relative value or merit.
1. The minimum number of points needed for landscape plan approval by zoning district is as
follows:
Table 38.550.060-1
Zoning District
Lot With Residential
Adjacency (as defined in
section 38.700)
Lot Without
Residential
Adjacency
All districts not listed below 23 15
B-1 18 15
B-3 ("core area" as defined in section 38.300.090.4.a) 13 (0) 13 (0)
PUD site plans 23 15
Residential PUD non-site-specific open space plans must
meet or exceed the standards of these landscaping
regulations unless a specific relaxation has been granted
15 15
Commercial PUD non-site-specific open space plans must
meet or exceed the standards of these landscaping
regulations unless a specific relaxation has been granted
23 15
2. The points required under subsection A.1 of this section may be earned by enhancing
mandatory setback landscaping through a combination of one or more of the methods provided
for in subsections B, C, and D of this section. The landscaping required by section 38.550.050
(except subsection E of said section for boulevard trees) may be used to meet the requirements
of this section.
B. Setback landscaping enhancement. When considering whether landscaping meets the requirements
of this section, groupings must be arranged in such a fashion as to be related and mutually
supportive of design quality and be placed so as to allow the healthy development of maturing
vegetation.
1. Points may be earned for use of certain vegetation types as follows:
a. Three points are awarded for the installation of 50 percent or greater of the surface area of
the setback with drought tolerant species of herbaceous perennials, and grasses accepting
of maintenance by annual mowing and limited irrigation;
b. Three points are awarded for the installation of drought tolerant species for greater than 50
percent and less than 75 percent of the number of trees and shrubs;
c. Five points are awarded for the installation of drought tolerant species for 75 percent or
greater of the number of trees and shrubs; and
d. One point will be awarded for each mature tree existing on-site over six inches in caliper
which is preserved by the proposed design of the site development. In order to utilize this
subsection, the tree must have remaining life expectancy of at least 20 years and be
protected from damage during construction. Caliper will be measured at one foot above
grade.
2. Five points per setback (up to 15 points maximum) are awarded when the landscaped setback
contains, for each 50 linear feet of each landscaped setback, one or more of the plant elements
in both columns A and B in the following Table 38.550.060-2:
Table 38.550.060-2
Column A Column B
1 large canopy tree 3 evergreen shrubs and 3 deciduous shrubs
1 large non-canopy tree 2 small ornamental trees
2 small ornamental trees 2 large evergreen trees
6 evergreen shrubs
6 deciduous shrubs
a. The required plant elements from columns A and B in Table 38.550.060-2 may be
arranged in any combination meeting the quantity requirements of this subsection B.
3. In the case of a lot with residential adjacency only, eight points are awarded for providing
vegetative screening in the landscaped setback adjacent to the residence in accordance with
the following:
a. The screening must be of natural vegetation at least six feet in height;
b. The screening must extend along the entire length of the portion of the landscaped setback
where a residential adjacency exists, exclusive of:
(1) Public street frontage;
(2) Drive aisles and access ways at points of ingress and egress to the lot; and
(3) Street vision triangles;
c. However, no points are awarded for screening required by section 38.550.050.B unless the
required screening is constructed of earthen berm or evergreen plant materials;
d. If screening is provided by an earthen berm or evergreen plant materials, the following
additional regulations apply:
(1) An earthen berm must be planted with groundcover. The earthen berm may not have
a slope that exceeds one foot of rise for each two feet of run and must be at least four
feet high, including planting materials, subject to front setback and street vision
triangle height limitations.
(2) Evergreen plant materials must:
(a) Be located in a bed that is at least three feet wide;
(b) Be placed a maximum of 48 inches on center over the entire length of the bed
unless an alternative planting density that a landscape architect certifies as being
capable of providing a solid appearance within three years is approved; and
(c) Provide a visual barrier of the required height within three years of their initial
planting;
4. Two points may be awarded when foundation plantings obscuring not less than 70 percent of
the building perimeter, exclusive of entries, are provided.
5. Three points (up to five nine maximum) is awarded when the landscaped roof contains, for each
500 square feet of landscaped roof, one or more of the plant elements in both columns A and B
of Table 38.550.060-2. In order to qualify, a landscaped roof must meet all requirements of this
chapter, including at least 75 percent coverage with live vegetation and permanent irrigation.
C. Non-vegetative special features.
1. A maximum of eight points may be awarded when a site is graded and/or terraced utilizing
natural stone or prefabricated decorative masonry retaining wall material as a drystack or
mortared wall. In order to qualify for the points available in this section the wall portion must:
a. Be five percent of the length of the total perimeter of the lot or artificial lot for each two
points to be awarded;
b. Have a vertical face surface of at least one foot along the length of the area to be
considered for subsection C.1.a of this section;
c. Be integrated with other landscaping materials and grading on the site; and
d. Be complementary to the overall grading of the site and the activities and architecture
contained on the site.
e. One point is awarded for each stone boulder not smaller than three feet in diameter which
is integrated with other landscaping, up to a maximum of three points;
2. One point is awarded for each nine cubic feet of original, freestanding, permanent sculpture
which is integrated with other landscaping, up to a maximum of eight points.
3. Two points are awarded for each one percent increment of lot area covered by publicly
accessible special pedestrian facilities and features such as plazas, courtyards, covered
walkways, fountains, seating areas, and outdoor recreation facilities, up to a maximum of eight
points. The lot area must meet pedestrian-oriented space design criteria set forth in section
38.520.060.D.
D. Parking lot landscaping.
1. Ten points are awarded when all surface parking lots, as defined in section 38.700.170 of this
chapter on the building site or artificial lot, whichever is applicable, are landscaped in
accordance with this subsection D in addition to that landscaping required in section
38.550.050:
a. The parking lot must contain one of the plant groups from subsection B.2 of this section at
an average density of one group, plus an additional one large canopy tree within 20 feet of
the parking lot, for each required 16 parking spaces; and
b. No required parking space may be located more than 70 feet from the trunk of a large
canopy tree.
Sec. 38.550.070. - Landscaping of public lands.
A. City rights-of-way and parks.
1. General.
a. Tree planting permits must be obtained from the forestry department prior to installation of
trees in city rights-of-way or parks.
b. Drought tolerant grass seed must be planted in these areas.
2. External streets, open space, and parks. The developer must at the time of initial development
for installing vegetative ground cover, boulevard trees and an irrigation system in the public
right-of-way boulevard strips along all external perimeter development streets and adjacent to
public parks or other open space areas.
a. Prior to installing landscaping in city rights-of-way or parks, the developer must submit a
landscaping plan to the facilities manager for review and approval. The landscaping plan
must be prepared by a qualified landscaping professional meeting the requirements of this
division 38.550. Tree planting permits must be obtained before any tree is placed on public
land.
b. Wells must be used to irrigate landscaping in these areas.
3. Adjacent to individual lots. When individual parcels are developed, the individual property
owners' must install landscaping and street trees within the public right-of-way boulevard strips
adjacent to their property, and providing for irrigation, in compliance with section
38.550.050.E.1.
B. Maintenance.
1. Maintenance of landscaping installed within the boulevard portion of the public right-of-way, with
the exception of tree trimming and tree removal, is the responsibility of adjacent property
owners'.
2. A developer must irrigate and maintain landscaping along external streets and landscaping
adjacent to parks or other open space areas until 50 percent of the lots are sold. Thereafter, the
property owners' association is responsible for maintaining and irrigating these landscaped
areas. The property owners' association may, with the city's approval, establish an improvement
district to collect assessments to pay for the irrigation and maintenance.
3. The city is responsible for the maintenance of all other required landscaping installed in
accordance with approved site plans within the public right-of-way or on other public lands.
C. State rights-of-way. Landscaping must be installed along state rights-of-way, in the same manner
described in this section, provided that the state department of transportation has reviewed and
approved the proposed landscaping plan. Maintenance of landscaping installed within the boulevard
portion of the public right-of-way is the responsibility of adjacent property owners' unless a different
responsibility is established by the encroachment permit.
Sec. 38.550.080. - Departure from landscaping requirements.
A. To achieve the optimal landscape design on individual sites, or to coordinate the landscape design
in an area, it may be necessary to depart from the strict application of landscaping requirements. An
application for such departure must be processed per section 38.250.060.
B. The application for departure must be accompanied by written and graphic material sufficient to
illustrate the conditions that the modified standards will produce, so as to enable the review authority
to determine that the departure will produce an environment, landscape quality and character
superior to that produced by the existing standards, and will be consistent with the intent and
purpose of this division 38.550. Upon such a finding, the review authority may authorize departures
of up to 20 percent from landscape design standards contained herein.
Sec. 38.550.090. - Landscaping completion.
All landscaping must be completed or secured in accordance with the provisions of division 38.270 of
this chapter.
Sec. 38.550.100. - General maintenance.
A. Required landscaping must be maintained in a healthy, growing condition at all times. The property
owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning and other
maintenance of all plantings as needed. However, the city forestry department is responsible for
pruning or removing any tree in a city right-of-way or park. Any plant that dies must be replaced with
another living plant that complies with the approved landscape plan. Failure to maintain required
landscaping in a healthy growing condition at all times may result in revocation of an occupancy
permit. When enforcing this provision of this chapter, external factors such as seasonality and
availability of landscape stock must be considered before any action to revoke an occupancy permit
is taken.
B. Any damage to utility lines, resulting from the negligence of the property owner or the owner's agents
or employees in the installation and maintenance of required landscaping in a utility easement, is the
responsibility of the property owner. If a public utility disturbs a landscaped area in a utility easement,
it must make every reasonable effort to preserve the landscaping materials and return them to their
prior locations after the utility work. If, nonetheless, some plant materials die, it is the obligation of the
property owner to replace the plant materials.
DIVISION 38.560. - SIGNS[4]
Figure 38.560. Signs.
Footnotes:
--- (4) ---
State Law reference— Information signs, MCA 60-5-501 et seq.
Sec. 38.560.010. - Intent and purpose.
A. It is the intent and purpose of this division 38.560 to promote the health, safety and welfare of the
residents and visitors of the city by regulating and controlling the size, location, type, quality of
materials, height, maintenance and construction of all signs and sign structures not located within a
building, or within a building and visible from the exterior for the following reasons:
1. To preserve the Bozeman area's natural scenic beauty and character as expressed in adopted
city plans and policies;
2. To contribute to inviting entrances into the city by eliminating clutter associated, in part, with the
unrestricted proliferation of signs, lights and stringed devices;
3. To encourage area beautification through creative, interrelated design of signage, landscaping,
buildings, access and parking that enhances the community's built and natural environment;
4. To give all businesses an equal opportunity to have a sign that will help people find the services
they need;
5. To ensure that pedestrians and motorists are protected from damage or injury caused or partly
attributable to the distractions and obstructions which are caused by improperly situated signs.
The city commission intends to provide a reasonable balance between the right of an individual
to identify their business and the right of the public to be protected from the visual discord that
results from the unrestricted proliferation of signs. Section 38.340.070 establishes certain
exemptions, and alternative procedures utilizing design review. The deliberations and decisions
of the design review board must be directed to accomplish the intent and purpose of this
section. It is determined that the regulations contained herein are the minimum necessary to
further the interests of this chapter; and
6. To protect the public health and safety by minimizing distractions to the traveling public.
(Order No. 2018-01 , § 17, 4-18-2018)
Sec. 38.560.020. - Sign permit requirements.
If a sign requiring a permit under the provisions of this division 38.560 is to be placed, constructed,
erected or modified on a zone lot, the owner of the lot must obtain a sign and building permit prior to the
construction, placement, erection or modification of such a sign. Furthermore, the property owner must
maintain in force, at all times, a permit for such sign. No permit of any kind may be issued for an existing
sign or proposed sign unless such sign is consistent with the requirements of this division 38.560. Murals
as defined in section 38.700.120 of this chapter are not subject to this division 38.560 but may be subject
to the provisions of division 38.340 of this chapter.
Sec. 38.560.030. - Prohibited signs.
A. All signs not expressly permitted under this division 38.560, or exempt from regulation, are
prohibited in the city. Such signs include, but are not limited to:
1. Portable signs (except as allowed under chapter 34, article V);
2. Roof signs;
3. Revolving signs, except as permitted in section 38.560.060;
4. Beacons, spotlights;
5. Flashing, blinking, or animated signs, or LED or other electronic messaging signs except for
incidental signs as defined in section 38.700.110 of this chapter;
6. Pennants, streamers, wind socks, pinwheels, or similar items;
7. Stringed flags;
8. Inflatable signs and tethered balloons (except as permitted per section 38.560.040);
9. Signs located in public rights-of-way (except for those specifically permitted in this division
38.560; and
10. Signs that resemble an official traffic sign or signal, and signs that resemble traffic signs
because they predominately display the words "STOP," "GO SLOW," "CAUTION," "DANGER,"
"WARNING," or similar words that are commonly used by agencies of government and
construction contractors to draw attention to traffic or roadway hazards.
Sec. 38.560.040. - Permitted temporary and special event signs.
A. Temporary and special event signs, such as banners, tethered balloons and inflatable signs, but
excluding those subject to section 38.560.050, may be allowed only as follows:
1. Special event signs are permitted in the zones described in section 38.560.060.A.1 and 2.
2. Applicants for temporary signs must apply for, and have approved, a temporary sign permit
3. All temporary signs must comply with size, height, and location requirements of this division
38.560.
4. For special commercial events, temporary signs may be displayed for a consecutive period not
to exceed 15 days, for a maximum of 30 days per calendar year, from January 1 to December
31. There must be a period of at least seven days between each 15-day display period.
5. Temporary signs which identify a new business may be displayed for a period not to exceed 60
days, additional temporary signs must not be allowed until the next calendar year. Only one
temporary sign identifying a new business will be permitted for the life of the business. A
subsequent temporary sign identifying a new business may be permitted when business
ownership has transferred to another owner, or when the business moves to a new location on
a different zone lot.
6. Temporary signs that identify a new business may be displayed until the business erects a
permanent sign, only if the business is in the process of obtaining a permanent sign, or 60 days,
whichever comes first. If the business has previously had a temporary sign in the same location,
the business will be allowed a maximum of an additional 30 days of temporary signage.
7. Itinerant vendors will receive information about allowable temporary signs at the time they apply
for a business license, but no permit is required if the itinerant vendor is operating less than
seven days.
8. Temporary signs that are seasonal in nature, such as garden greenhouses, boat showrooms, or
ski rental facilities, may apply for a long term temporary sign which may be approved for a
period not to exceed 180 days.
9. Businesses may promote events in the community, such as the County Fair or Sweet Pea
Festival, by applying for and receiving a temporary sign permit for their location. When notice of
the event and non-sponsorship related information occupies more than 75 percent of the banner
area, such a temporary sign will not count towards the temporary and special event signage
limit of 30 days per year.
Sec. 38.560.050. - Signs exempt from permit requirements.
A. The following signs are exempt from the permitting requirement but must comply with the criteria for
signs allowed by this division 38.560, except section 38.560.060:
1. Residential zones (R-S, R-1, R-2, R-3, R-4, RMH, REMU [single-household, two- to four-
household, townhouse, and apartments]).
a. Temporary, non-illuminated signs that do not exceed nine square feet in total area and, if
freestanding, five feet in height. No more than one such sign shall be displayed per street
frontage.
b. Businesses working at a residentially zoned lot, such as landscapers or window treatment
installers, may post an identifying sign only when they are physically at the residence, and
the sign must be removed immediately when the working party leaves the property. Such
sign may not exceed nine square feet in total area and, if freestanding, may not exceed
five feet in height. Not more than one such sign per street frontage per lot is allowed. Such
signs are not considered off-premises advertising so long as the identified business is
actively engaged on the site.
2. Commercial and manufacturing zones (R-O, B-1, B-2, B-3, UMU, M-1, M-2, BP, PLI, HMU,
REMU [mixed-use, non-residential]).
a. Window signs, provided that such signs do not occupy more than 25 percent of the area of
the window in which it is displayed. If it exceeds 25 percent of the area of the window, it will
be classified as a wall sign. For the purposes of this section, a window is a transparent
glass opening in a wall separated from other glass openings by mullions or other dividers
of four inches or less in width.
b. Signs within a structure or building or other enclosed area of property when such signs are
not legible when viewed from outside the structure or property.
c. Temporary non-illuminated signs (e.g., real estate sale, for rent or lease, political
campaign, non-commercial speech sign); such signs must not exceed 32 square feet in
size, must be no more than five feet high and must be at least five feet from the property
line. Only one sign of each subject per street frontage per lot is allowed.
d. A temporary, non-illuminated sign identifying the businesses working at a construction site
may be posted. The signs for multiple businesses will be aggregated among all those
working on the site and in total may not exceed 32 square feet in size, may be no more
than five feet high and must be at least five feet from the property line. All parties to the
development, including but not limited to banks, architects, contractors, developers, future
occupants of the lot, real estate agent, and landscape companies, must be on a single sign
per street frontage per lot. Such signs are not considered off-premises advertising so long
as the identified business is actively engaged on the site.
e. No more than four on-premises directional signs not exceeding four square feet in area and
five feet in height; such signs may not contain any commercial messages.
3. All zones.
a. Government and public utility signs. Directional, warning, street, traffic control,
informational or temporary special event signs that are erected, installed or placed by or on
behalf of any federal, state, county or city government. Public utility signs showing
locations of underground facilities or public telephones, and safety signs on construction
sites are included within this exemption.
b. Incidental signs. A sign, generally informational, that has a purpose secondary to the use of
the zone lot on which it is located, such as "no parking," "entrance," "loading only," and
other similar directives. No sign with a commercial message, which is designed with the
intent to be legible from a position off the zone lot on which the sign is located, will be
considered incidental.
c. Ghost signs. A ghost sign may be, but is not required to be, stabilized, rehabilitated or
preserved to its original condition, design and size. A ghost sign may not be altered in any
way that changes its original design, wording, or size.
Sec. 38.560.060. - Signs permitted upon the issuance of a sign permit.
A. The following on-premises signs are permitted in the indicated zones subject to a sign permit:
Table 38.560.060
Non-Residential Sign Standards
Zoning District B-1 B-2 B-2M B-3 UMU M-1 M-2
Maximum sq. ft. area 80 per
building
400
per
lot
400
per
lot
250
per
lot
250
per lot
250 per
lot
250 per
lot
Allowed sq. ft. sign area per linear
foot of building frontage first 25
feet
1.5 or 2 1 2 or 3
1
2 or 3
1 2 2 or 3 1 2 or 3 1 2 or 3 1
Allowed sq. ft. sign area per linear
foot of building frontage > 25 feet 1 1.5 1.5 1.5 1.5 1.5 1.5
Monument max. size sq. ft. 32 32 32 32 32 32 32
Monument max. height 5' 5' 5' 5' 5' 5' 5'
Monument setback 5' 5' 5' 5' 5' 5' 5'
Pole style max. height Prohibited 13' 13' 13' 13' 13' 13'
Pole style setback Prohibited 15' 15' 15' 15' 15' 15'
Pole style clearance Prohibited 8' 8' 8' 8' 8' 8'
Pole sign max. sq. ft. Prohibited 32 32 32 32 32 32
Projecting sign max. area 8' 8' 8' 12' 8' 8' 8'
Projecting sign max. distance 4' 4' 4' 6' 4' 4' 4'
Rotating sign max area 2.5 sq. ft. 2.5 sq.
ft.
2.5 sq.
ft.
2.5 sq.
ft.
2.5 sq.
ft. Prohibited Prohibited
Non-Residential Uses
Zoning District BP PLI HMU REMU RO
Maximum sq. ft. area 250 per
lot
250 per
lot
250 per
lot
250 per
lot
80 per
building
Allowed sq. ft. sign area per linear foot of
building frontage first 25 feet 2 or 3 1 2 or 3 1 2 or 3 1 2 or 3 1 1 or 1.25 1
Allowed sq. ft. sign area per linear foot of
building frontage > 25 feet 1.5 1.5 1.5 1.5 0.5
Monument max. size sq. ft. 32 32 32 32 12
Monument max. height 5' 5' 5' 5' 5'
Monument setback 5' 5' 5' 5' 5'
Pole style max. height 13' 13' 13' 13' Prohibited
Pole style setback 15' 15' 15' 15' Prohibited
Pole style clearance 8' 8' 8' 8' Prohibited
Projecting sign max. area 8' 8' 8' 8' 8'
Projecting sign max. distance 4' 4' 4' 4' 4'
Rotating sign max. area Prohibited Prohibited 2.5 sq.
ft. Prohibited Prohibited
1 The larger value of the two listed applies when a building is located on a lot such that there is
no parking or other vehicular use area between the building façade and the street right-of-way
or between the building façade and a public pedestrian right-of-way adjacent to a street.
1. A comprehensive sign plan is required for all commercial centers or buildings consisting of two
or more tenant spaces on a lot and must comply with section 38.560.080.
2. Freestanding signs. One freestanding sign is permitted per zoned lot as defined in section
38.700.170 of this chapter. Signage area used for free-standing signs is counted towards the
maximum allowed signage area.
3. Wall signs.
a. Regardless of the allowance for additional area, the maximum area may not exceed the
amount allowed for the district.
b. Lots fronting on two or more streets will be permitted signage area for each building
frontage.
c. Canopy, window and awning signs are classified as wall signs. Wall signs may not project
above the top of a wall or parapet.
4. Projecting signs. One projecting sign per tenant is allowed, unless otherwise approved through
a comprehensive sign plan. Projecting signs must provide a minimum sidewalk clearance of
eight feet.
a. A rotating sign located within the building does not need to provide the minimum sidewalk
clearance height. A rotating sign exceeding a rotational speed of one full rotation in two
seconds are prohibited.
5. Residential building identification signs. For properties used for multi-household residential
buildings, one residential identification wall sign per street frontage is permitted. No sign may
exceed eight square feet in area.
6. Ghost signs as defined in division 38.700 do not apply toward the maximum square foot signage
areas of Table 38.560.060.
B. Residential zones (R-S, R-1, R-2, R-3, R-4, R-5, RMH, R-O, REMU). The following on-premises
signs are permitted in the indicated zones subject to a sign permit:
1. Subdivision and residential complex identification signs. For residential subdivisions consisting
of more than four residential units and for residential complexes with more than four residential
units and more than one building, one low profile, freestanding, neighborhood identification sign
per development entrance is allowed. No sign may exceed 16 square feet in area or five feet in
height from the finished grade. The sign must be set back at least five feet from the property
line.
2. Residential building identification signs. For properties used for multi-household residential
buildings, one residential identification wall sign per street frontage is permitted. No sign may
exceed eight square feet in area.
3. Signs appurtenant to residential principal and conditional uses and home occupations.
a. Principal residential uses and home occupations are permitted commercial message
signage not to exceed four square feet in area; such signs may not be located in any
required setback area. In addition, home occupations are permitted a single one-square
foot sign on a mailbox or lamppost or one and one-half square feet of freestanding signage
located a minimum of five feet from the property line.
b. Principal residential uses are permitted non-commercial speech signs which do not exceed
30 square feet in area nor five feet in height. Such signs must be set back at least 15 feet
from the property line.
c. Conditional non-residential type uses, such as churches, veterinary uses, golf courses, day
care centers and schools are permitted signage as if the underlying zoning were B-1.
Conditional residential type uses such as bed and breakfast homes, and fraternity and
sorority houses, are permitted signage as if the underlying zoning were R-O. Such signs
may be illuminated only during the hours of operation.
4. Planned unit developments. Commercial establishments within planned unit developments
where the underlying zoning is residential are permitted signage as if the lot were in a B-1 zone.
C. Special districts and zones. The guidelines for the underlying zoning districts apply unless otherwise
addressed below:
1. Neighborhood conservation overlay district. Within this district, all signage is subject to issuance
of a certificate of appropriateness after review for compliance with the design guidelines for the
neighborhood conservation overlay district.
2. Interchange zone. Signage may exceed the maximum total signage area permitted by section
38.560.060.A by up to 25 percent upon review and approval of a deviation by the review
authority, upon the recommendation of the appropriate design review advisory body, and upon
receipt of a comprehensive sign plan. Each lot is permitted one freestanding sign.
a. Low profile signs. One low profile sign per zoned lot. The maximum area for a low profile
sign is 40 square feet. The sign must be set back a minimum of five feet with a maximum
height of eight feet.
b. Pole-style signs. A pole-style freestanding sign must be set back a minimum of 15 feet and
will maintain at least an eight-foot minimum vertical clearance. Pole-style signs may not
exceed a total area of 40 square feet or 16 feet in height, provided however, that for every
two feet said sign is set back from 15 feet beyond the street right-of-way, the height
measured at grade may be increased one foot, not to exceed a total of 32 feet, and the
area may be increased by two and one-half square feet for every two feet that said sign is
set back 15 feet beyond the street right-of-way up to a maximum of 120 square feet.
3. Downtown (B-3). Permits for signs that encroach into the public right-of-way must be obtained in
accordance with chapter 34, article 5 of the Municipal Code.
Sec. 38.560.070. - Wayfinding signage.
A. Purpose. Wayfinding signs serve to assist travelers in navigating the larger community and
identifying defined districts. Wayfinding signs or kiosks are not intended to serve as off-premises
advertising for individual entities.
B. Defined districts. To qualify as a district an area must have a significant commonality of purpose and
identity, and shared functions serving the larger community. Designation as a district is at the
discretion of the city and will only be granted when found to be consistent with the intent of this
division 38.560 and the city's other adopted regulations, policies and plans. Approval of district
designation is the duty of the review authority, who must make written findings of the decision.
C. Wayfinding signage is intended to add to the district's "sense of place" and may include district
identification signs, directory signs to designate shared or common spaces such as parking facilities,
parks, trails and open space. It may also include pedestrian-scale informational kiosks to announce
district events and/or to list a directory that corresponds with a map presented in the kiosk.
Wayfinding signs may not advertise specific businesses or otherwise constitute off-premises signs.
Wayfinding signage is permitted within districts only after approval of a comprehensive wayfinding
signage plan.
D. Submittal of a comprehensive signage plan for wayfinding must be made by a single individual or
entity legally authorized to represent the area within the plan and with the consent of the relevant
governing authority. In addition to the requirements of section 38.560.180, a comprehensive signage
plan for wayfinding must:
1. Include a description of the installation and maintenance program for the signs including, but not
limited to: who is responsible for installation and maintenance; identified reliable funding for
installation and maintenance; contact plan for the responsible individual; and a description of
how the sign program will be kept updated or removed. If the signs are to be illuminated, a
description of how the power source may be removed and made safe must be included.
2. Demonstrate how it will enhance the streetscape by promoting a unified and enhanced visual
aesthetic consistent with the streetscape design elements in the district; coordinate information
for pedestrians and drivers in a clear, consistent, and understandable format, and reduce visual
clutter.
3. Include information on how the district stakeholders were given opportunity to collaboratively
participate in the selection of the sign types and designs.
4. Clearly describe the hierarchy of signs and include the criteria for determining sign placement
and size. Any signs intended to be read from the right-of-way must comply with the lettering
standards of the Manual for Uniform Traffic Control Devices for the road type and speed.
5. Include signage elevations and plans with corresponding map, designating sign types and
locations.
E. Design standards. The wayfinding signs must include and meet the following standards and
provisions:
1. Color schemes, fonts and materials. Coordinated color schemes, fonts and materials, including
base supports, cabinet details and mounting methods, must serve to distinguish wayfinding
signage within the district from other districts.
2. Lighting. Lighting is not required. If any lighting is proposed, the wayfinding signage plan must
include cut-sheets and lighting details in accordance with the standards established in division
38.570.
a. Photovoltaic panels to provide power, where appropriate, are encouraged.
3. Size and location. Signage may be located within required setbacks and may be located within
the right-of-way, with approval from the applicable review agencies including the city and/or the
state department of transportation. Restrictions for signs within the public right-of-way may be
more strict than those on private property in order to avoid conflict or confusion with official
regulatory and warning signs or interference with travel.
4. Wayfinding signs must comply with the following standards:
a. Wayfinding signs that are affixed to a light post, traffic post or sign within the right-of-way
may not exceed four square feet in area and are limited to one sign per block face (or
equivalent).
b. Any signs intended to be located within the right-of-way must comply with the construction
standards of the Manual for Uniform Traffic Control Devices.
c. Freestanding wayfinding kiosks or signs are limited to one sign per two blocks (or
equivalent), may not exceed 30 square feet in area per face and may not exceed seven
feet in height.
d. Wayfinding signage may be located within the street-vision triangle at intersections
controlled by a traffic light.
e. Decorative features including but not limited to post caps may extend an additional two feet
for a total of nine feet in height.
f. Photovoltaic panels are exempt from the height requirement.
g. Business names, logos, or other marks identifying specific parties may be on a directory list
or map in a kiosk but may not exceed one inch in height.
h. Wayfinding signage may not interfere with the clear passage of pedestrians or vehicles, or
otherwise cause safety hazards.
i. Wayfinding signs may not obscure or obstruct any existing regulatory, warning, or parking
control signs.
5. Wayfinding signs are allowed for parks, or for districts containing more than 30 acres of platted
lots.
6. A performance bond or other surety acceptable to the city may be required for the maintenance,
replacement, updating, and/or removal of signs in an amount acceptable to the city.
Sec. 38.560.080. - Comprehensive sign plan.
A. A comprehensive sign plan must be submitted for all commercial, office, industrial and civic uses
consisting of two or more tenant or occupant spaces on a lot, or two or more lots subject to a
common development permit or plan. A comprehensive sign plan will not be approved unless it is
consistent with this division 38.560, the underlying zoning regulations applicable to the property and
any discretionary development permit or plan for the property. The plan should include the size and
location of buildings and the size and location of existing and proposed signs. The purpose of the
plan is to coordinate graphics and signs with building design. The coordination must be achieved by:
1. Using the same type of cabinet supports or method of mounting for signs of the same type;
using the same type of construction for components, such as sign copy, cabinet and supports;
or using other integrating techniques, such as common color elements, determined appropriate
by the review authority.
2. Using the same form of illumination for all signs, or using varied forms of illuminations
determined compatible by the review authority.
Sec. 38.560.090. - Multi-tenant complexes with less than 100,000 square feet of ground
floor area.
A. The guidelines for the underlying zoning districts apply unless otherwise addressed in this section:
1. The maximum permitted wall sign area allowed for each tenant space is the percentage of the
total floor area on the zoned lot that the tenant occupies multiplied by the wall area allowed by
section 38.560.060.A.2 or section 38.560.060.B.2, unless otherwise allocated in an approved
comprehensive sign plan per section 38.28.070. If the lot has more than one building frontage,
the individual tenant space may derive sign area only from the frontage(s) which the space
faces. Lots under this section are allowed a low profile sign that identifies the complex, which
conforms to this division 38.560, in addition to the sign area already permitted under section
38.560.060.A.2 or section 38.560.060.B.2.
Sec. 38.560.100. - Multi-tenant complexes with more than 100,000 square feet of ground
floor area.
A. The guidelines for the underlying zoning districts apply unless otherwise addressed in this section:
1. Freestanding signs.
a. Pole-style signs. One pole-style sign per street frontage not to exceed 48 square feet in
area or 16 feet in height is permitted. The signage area computed for a pole-style sign may
not be subtracted from the maximum allowable wall signage permitted for the entire
complex.
b. Low profile signs. One low profile sign is permitted at each secondary entrance of the
complex, provided each sign may not exceed 32 square feet in area, nor five feet in height,
and is set back a minimum of five feet from the property lines. All low profile signs may only
identify the complex and must display the street number address in figures which are at
least six inches high. Low profile signs complying with these regulations will not be factored
when calculating the maximum permitted wall sign area.
2. Wall signs. Each tenant is permitted wall signage square footage calculated from 1.5 times the
linear store frontage. For the maximum allowable total signage, please see section
38.560.060.1 or 2.
Sec. 38.560.110. - Indoor shopping mall complexes with more than 100,000 square feet of
ground floor area.
A. The guidelines for the underlying zoning districts apply unless otherwise addressed in this section:
1. Freestanding signs.
a. Pole-style signs. One pole-style sign per street frontage not to exceed 48 square feet in
area or 16 feet in height is permitted. The signage area computed for a pole-style sign may
not be subtracted from the maximum allowable wall signage permitted for the entire
complex.
b. Low profile signs. One low profile sign is permitted at each secondary entrance of the
complex, provided each sign may not exceed 32 square feet in area, nor five feet in height,
and is set back a minimum of five feet from the property lines. All low profile signs may only
identify the complex and must display the street number address in figures which are at
least six inches high. Low profile signs complying with these regulations will not be factored
when calculating the maximum permitted wall sign area.
2. Wall signs. Each anchor tenant occupying 20,000 square feet or more is permitted 300 square
feet of wall signage. Each tenant with an exclusive outdoor customer entrance is permitted wall
signage square footage calculated from five percent of the ground floor area.
Sec. 38.560.120. - Illumination.
A. Illumination, if any, must be provided by artificial light which is constant in intensity and color.
Internally illuminated "can signs" are acceptable provided background and copy are coordinated to
avoid excessive light output. Neon and other gas type transformers are limited to 60 milliamperes
and fluorescent transformers are limited to 800 milliamperes to soften light output. The output of
lumens from lighting provided by other types of light emitters may not exceed that emanating from
gas type transformers as regulated in this subsection A. Additionally, neon and other gas type signs
with exposed tubing must be equipped with dimmers.
B. Externally illuminated, wall-mounted, and pole signs must be lighted by fixtures mounted at the top
of the sign and aimed downward; ground-mounted sign lighting must only be used for monument
style signs. Fixtures used to illuminate signs must be aimed so as not to project their output beyond
the sign.
Sec. 38.560.130. - Street vision triangles.
Signs may not be placed in sight vision triangles as they are established in section 38.400.100,
unless specifically authorized in this division 38.560.
Sec. 38.560.140. - Required address signs.
Street numbers are required for all residential, commercial, industrial, and civic uses in all zones. All
building numbering must comply with article 7 of chapter 10.
Sec. 38.560.150. - Billboards and other off-premises advertising.
A. Off-premises commercial advertising signs are not permitted within the city limits except as permitted
by state or federal law.
1. Exception:
a. Transit shelters: Off-premises signs may be placed on the interior of transit shelters
reviewed and approved by the city and served by an active fixed route transit service.
Signage within a transit shelter may not distract drivers of vehicles nor be legible from the
driving lanes.
b. Ghost signs: Ghost signs are not considered to be off-premises signage.
Sec. 38.560.160. - Signs erected in conjunction with nonprofit activities on public
property.
A. Signs erected on public property in support of nonprofit activities, such as signs advertising sponsors
of youth and sports activities, are allowed only as follows:
1. The sign is permitted only at developed facilities in public parks or other publicly owned lands.
2. The sign may be erected two weeks prior to the commencement of the activity and must be
removed within two weeks after the cessation of the activity for which the sign was erected.
3. Each individual sign may be no larger than 32 square feet. Freestanding signs must be setback
a minimum of 15 feet from the property line and have a maximum height of five feet. Signs
attached to walls or scoreboards are not subject to the five foot height limitation. However, signs
attached to walls or scoreboards may not exceed the height of the wall or scoreboard to which
they are attached. All signs must be oriented towards spectators attending the activity.
4. The sign may not:
a. Be individually illuminated; nor
b. Be placed in sight vision triangles or otherwise impede or obstruct the view of the traveling
public.
5. Applicants for such signs must apply for, and have approved, a special temporary sign permit
detailing the nature of the sign to be erected and the duration the sign will remain in place.
Applications and review procedures must be made per section 38.560.180.
Sec. 38.560.170. - Historic or culturally significant signs.
Signs which have historical or cultural significance to the city but do not conform to the provisions of
this division 38.560 may be permitted, provided that the city commission adopts findings supporting the
historical or cultural significance of the sign and issues a sign permit. Such findings must be adopted by
resolution.
Sec. 38.560.180. - Application.
A. An application for a sign must be made on forms provided by the community development
department. The application must contain sufficient information and plans to permit review pursuant
to this division 38.560 including, but not limited to, building elevations; photographs; proposed
locations of signs on building elevations; sign design layout showing number, types and dimensions
of all signs; and a site plan showing proposed location of all signs.
B. Acceptability and adequacy of application.
1. The community development department must review the application for acceptability within five
working days to determine that the application does not omit any of the submittal elements
required by this chapter. If the application does not contain all of the required elements, the
application and a written explanation of what the application is missing must be returned to the
property owner or their representative. The five-working-day review period will be considered
met if the letter is dated, signed and placed in the outgoing mail within the five-day review
period.
2. After the application is deemed to contain the required elements and to be acceptable, it will be
reviewed for adequacy. A determination of adequacy means the application contains all of the
required elements in sufficient detail and accuracy to enable the city to make a determination
that the application either does or does not conform to the requirements of this chapter and any
other applicable regulations under the jurisdiction of the city. Determination of adequacy will be
made by the community development department. The adequacy review period begins on the
next working day after the date that the community development department determines the
application contains all the required elements and must be completed within not more than 15-
working-days. The 15-working-day review period will be considered met if the letter is dated,
signed and placed in the outgoing mail within the 15 working day review period. If the
application is inadequate, a written explanation of why the application is inadequate will be
returned to the property owner or their representative. Upon a determination of adequacy the
review of the development will be scheduled.
a. In the event the missing information is not received by the city within 15 working days of
notification to the property owner of inadequacy, all application materials will be returned to
the property owner or their representative. Subsequent resubmittal will require payment of
a review fee as if it were a new application.
b. A determination that an application is adequate does not restrict the city from requesting
additional information during the review process.
3. Should the property owner choose not to provide the required information after an application
has been found unacceptable, nor to accept return of the application, the application may be
processed by the city with the recognition by the property owner that unacceptability is an
adequate basis for denial of the application regardless of other merits of the application.
4. Action.
a. After an application is deemed adequate, the review authority must act to approve or deny
the application within ten working days; or
b. After the application is determined to be adequate for review, if the application includes a
request for a deviation or variance the city will schedule the application to be considered by
the review authority at the next available opportunity that allows for required public notice
to be given; or
c. If the sign application is submitted in conjunction with a site plan or other similar review,
then the review process and final review authority must be coordinated.
5. An applicant may appeal the denial of a permit request pursuant to the provisions of division
38.250 of this chapter.
Sec. 38.560.190. - Maintenance of permitted signs.
A. All signs must be continuously maintained in a state of security, safety and repair. Abandoned signs
and sign support structures must be removed. If any sign is found not to be so maintained, or is in
need of repair or has been abandoned, the owner and the occupant of the premises must repair or
remove the sign within 14 calendar days after receiving written notice to do so from the city. If the
sign is not so repaired or removed within such time, the city may cause the sign to be removed at the
expense of the owner of the premises.
1. Exceptions: Ghost signs are not required to be maintained or preserved, nor are they required
to be removed, unless the City determines such action is necessary to protect the public health,
safety and general welfare.
Sec. 38.560.200. - Nonconforming signs.
A. The intent of this section is to eliminate existing signs that are not in conformity with the provisions of
this division 38.560.
B. Except as otherwise provided within this section, the owner of any zone lot or other premises on
which a sign exists that does not conform with the requirements of this division 38.560 and for which
there is no prior, valid sign permit must remove such sign.
C. All signs which were legally permitted prior to June 22, 1997 are considered legal, permitted signs
under this division 38.560. Except as provided for in subsection D of this section, such signs, if
nonconforming with this division 38.560, must not be:
1. Replaced, except with a conforming sign;
2. Changed in copy (except for signs specifically designed to be changed in copy, such as reader
boards with changeable letters);
3. Structurally altered to extend its useful life; or
4. Expanded, moved or relocated except as allowed below.
D. No legal, nonconforming sign may be altered or enlarged in any way which increases its
nonconformity, but any existing signage, or portions thereof, may be altered by decreasing its
nonconformity.
E. Any lot with a nonconforming sign may not add, relocate, or replace signage, except as provided
below, until all signs on the lot are brought into conformance with this division 38.560. The
exceptions listed below do not apply to off-premises signs.
1. Any site modification reviewed only as a permit type described in section 38.230.060,
38.230.070, 38.230.080, 38.230.150, or 38.230.160.
2. A sign legally permitted prior to June 22, 1997 which must be relocated due to a physical
alteration to or expansion of a public right-of-way.
Sec. 38.560.210. - Substitution.
Any sign allowed under this division 38.560 may contain, in lieu of any other message or copy, any
lawful non-commercial message that does not direct attention to a business operated for profit, or to a
product, commodity or service for sale or lease, or to any other commercial interest or activity, so long as
the sign complies with the size, height, area and other requirements of this division 38.560. Authorized
decision-making bodies may not consider the content of speech or the viewpoint of the speaker when
taking action to approve or deny sign permits or other application for signs.
Sec. 38.560.220. - Severability.
Where any word, phrase, clause, sentence, paragraph, or section or other part of this division 38.560
is held invalid by a court of competent jurisdiction by express inclusion in the decision to be invalid, such
judgment will affect only that part held invalid and such decision will not affect, impair or nullify this
chapter as a whole or any other part thereof.
DIVISION 38.570. - LIGHTING
Sec. 38.570.010. - Purpose.
The purpose of this section is to:
A. Provide lighting in outdoor public places where public health, safety and welfare are potential
concerns;
B. Protect drivers, bicyclists and pedestrians from the glare of non-vehicular light sources that
shine into their eyes and thereby impair safe travel;
C. Protect neighbors and the night sky from nuisance glare and stray light from poorly aimed,
placed, applied, maintained or shielded light sources;
D. Protect and maintain the character of the city;
E. Prevent excessive lighting and conserve energy; and
F. Provide adequate lighting for safe pedestrian and bicycle travel.
Sec. 38.570.020. - General.
A. With the exception of street lighting, lighting is not required. If installed, all lighting must comply with
the requirements of this section.
B. Unless otherwise approved through a planned unit development, this section applies to all lighting
for subdivisions, land uses, developments and buildings. In addition, any site modification that
requires a certificate of appropriateness, site plan review or reuse application will necessitate
compliance for all existing and proposed lighting on the site.
C. The provisions of this section are not intended to prevent the use of any design, material or method
of installation or operation not specifically prescribed herein, provided any such alternate has been
approved by the review authority. Prior to approval the review authority must make findings that:
1. The lighting provides at least approximate equivalence to the applicable specific requirements of
this section; and
2. The lighting is otherwise satisfactory and complies with the intent of this section.
Sec. 38.570.030. - Street lighting.
Street lighting consists of street lighting and pathway intersection lighting, and must comply with the
City of Bozeman Design Standards and Specifications Policy.
Sec. 38.570.040. - Site lighting.
A. Parking lot lighting.
Table 38.570.040-1
Basic 1 Security 2
Minimum horizontal illuminance in maintained footcandles 0.2 0.5
Minimum vertical illuminance in maintained footcandles 0.1 0.25
Uniformity ratio, maximum: minimum 20:01 15:00
Source: Parking Lot Lighting, Illuminating Engineering Society of North America, 1998.
1 Basic lighting provides for the safety of customers and employees during business hours, and for the
security of on-site, outside storage of goods and/or materials.
2 Security lighting provides for the safety of employees during nonbusiness hours, and for the security of
on-site, outside storage of goods and/or materials.
B. Building entrances. Illuminance for building entrances (including commercial, industrial, institutional
and municipal) must average 5.0 maintained footcandles.
C. Car dealership lighting.
Table 38.570.040-2
Area Maximum Illuminance on Pavement (in Maintained
Footcandles)
Uniformity
Ratio
Maximum: minimum
Main business districts
Adjacent to
roadway 10—20 5:01
Other rows 5—10 10:01
Entrances 5—10 5:01
Drive aisles 2—3 10:01
Secondary business districts
Adjacent to
roadway 5—10 5:01
Other rows 2.5—5 10:01
Entrances 2.5—5 5:01
Drive aisles 1—2 10:01
Source: Lighting for Exterior Environments, Illuminating Engineering Society of North America, 1998.
D. Service station or gas pump area lighting.
Table 38.570.040-3
Area Description Average Illuminance on Described Area (in Maintained
Footcandles)
Approach with dark surroundings 1.5
Driveway with dark surroundings 1.5
Pump island area with dark
surroundings 5
Building façades with dark surroundings 2
Service areas with dark surroundings 2
Landscape highlights with dark
surroundings 1
Approach with light surroundings 2
Driveway with light surroundings 2
Pump island area with light
surroundings 10
Building façades with light surroundings 3
Service areas with light surroundings 3
Landscape highlights with light
surroundings 2
Source: Lighting for Exterior Environments, Illuminating Engineering Society of North America, 1998.
E. Site lighting support structures. The ballasts; pole type, strength and anchor bolts; and pole
foundation must be appropriate for the proposed lighting and must be installed per the
manufacturer's recommendations. Height must be measured from grade. Except as allowed in
sections 38.570.050 and 38.570.070 of this division, light poles for parking lot lighting may not
exceed 25 feet.
F. Site lighting installation and maintenance.
1. For new installations, electrical feeds for fixtures mounted on poles must be run underground,
not overhead.
2. Poles supporting lighting fixtures for the illumination of parking areas and located directly behind
parking spaces must be placed a minimum of five feet outside the paved area or on concrete
pedestals at least 30 inches high above the pavement, or suitably protected by other approved
means.
3. Lighting fixtures and ancillary equipment must be maintained so as always to meet the
requirements of this section.
G. Miscellaneous site lighting specifications. Except as otherwise allowed in subsections E and G of
this section, all lighting must comply with the following requirements:
1. All outdoor lighting, whether or not required by this section, must be aimed, located, designed,
fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their
ability to safely traverse and so as not to create a nuisance by projecting or reflecting
objectionable light onto a neighboring use or property.
2. All outdoor lighting fixtures must be shielded in such a manner that no light is emitted above a
horizontal plane passing through the lowest point of the light emitting element, so that direct
light emitted above the horizontal plane is eliminated.
3. Except for residential lighting, street lighting, pathway intersection lighting and security lighting,
all lighting must be turned off between 11:00 p.m. and 6:00 a.m. Exceptions will be granted to
those businesses which operate during these hours; such lighting may remain illuminated only
while the establishment is actually open for business.
4. Vegetation screens may not serve as the primary means for controlling glare. Rather, glare
control must be achieved primarily through the use of such means as cutoff fixtures, shields and
baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture
placement.
5. All outdoor lighting must be designed and located such that the maximum illumination measured
in footcandles at the property line may not exceed 0.3 onto adjacent residential properties and
1.0 onto adjacent commercial properties and public rights-of-way.
6. Externally illuminated wall-mounted and pole signs must be lighted by fixtures mounted at the
top of the sign and aimed downward; ground-mounted sign lighting may be used only for
monument style signs. Fixtures used to illuminate signs must be aimed so as not to project their
output beyond the sign.
7. Floodlights, spotlights or any other similar lighting may not be used to illuminate buildings or
other site features unless approved as an integral architectural element on the development
plan. On-site lighting may be used to accent architectural elements but not to illuminate entire
portions of buildings. Where accent lighting is used, the maximum illumination on any vertical
surface or angular roof surface may not exceed 5.0 average maintained footcandles. Building
façade and accent lighting will not be approved unless the light fixtures are carefully selected,
located, aimed and shielded so that light is directed only onto the building façade and spillover
light is eliminated.
(1) Directional fixtures used to illuminate flagpoles (state, United States and/or foreign
nations) may project their output beyond the flagpole.
8. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use
intermittent electrical pulsation are prohibited.
9. Translucent awnings and canopies used for building accents over doors, windows, etc., may not
be internally lit (i.e., from underneath or behind).
10. Searchlights, laser source lights or any similar high-intensity light are not permitted, except in
emergencies by police and fire personnel or at their direction, for meteorological data gathering
purposes, or for special events if a permit is obtained from the review authority.
Sec. 38.570.050. - Sports and athletic field lighting.
Lighting for sports and athletic fields may need to exceed illumination standards for general
recreational needs in order to meet higher standards required for play. The city commission may approve
relaxations of these lighting standards provided that the following minimum standards are met:
A. Fixtures must be at least 70 feet in mounted height measured from grade;
B. If floodlights are used, they must not be aimed above 62 degrees and should use internal
louvers and external shields to help minimize light pollution;
C. Fixtures must be designed and aimed so that their beams fall within the primary playing area
and the immediate surroundings, so that off-site direct illumination is significantly restricted
(spillover levels at the property line must not exceed 0.3 footcandles); and
D. Lighting must be extinguished no later than one hour after the event ends.
Sec. 38.570.060. - Lighting specifications for all lighting.
Light fixtures and standards must be compatible with the surrounding area, the subdivision or site
design, and the development's character and/or architecture.
A. Luminaires (light fixtures). Except as otherwise allowed in 38.570.050 and 38.570.070, all
luminaires must comply with the following requirements:
1. In all light fixtures, the light source and associated lenses may not protrude below the edge
of the light fixture, and may not be visible from adjacent streets or properties.
2. Fixtures must be of a type and design appropriate to the lighting application.
3. For lighting horizontal areas such as roadways, sidewalks, entrances and parking areas,
fixtures must meet IESNA "full-cutoff" criteria (no light output emitted above 90 degrees at
any lateral angle around the fixture).
4. As needed, fixtures must be equipped with or be modified to incorporate light directing
and/or shielding devices such as shields, visors, skirts, internal louvers or hoods to redirect
offending light distribution and/or reduce direct or indirect glare.
Sec. 38.570.070. - Historic lighting.
The city may relax lighting standards and requirements, with the exception of illumination levels, for
the provision of historic lighting in the neighborhood conservation overlay district. Historic lights must be
proposed as an integrated part of an overall development plan. The historic preservation planner will
review and approve the proposed lighting for historic appropriateness.
Sec. 38.570.080. - Post installation inspection.
The city reserves the right to conduct post-installation nighttime inspections to verify compliance with
the requirements of this section, and if appropriate, to require remedial action at no expense to the city.
Sec. 38.570.090. - Compliance monitoring.
If the city finds that a lighting installation creates a safety or personal security hazard, the person
responsible for the lighting will be notified in writing and required to take remedial action within 30 days.
Sec. 38.570.100. - Nuisance glare and inadequate illumination levels.
When the city finds that a lighting installation produces unacceptable levels of nuisance glare,
skyward light, excessive or insufficient illumination levels, or otherwise varies from this section, the city
may notify the person responsible for the lighting and require appropriate remedial action within 30 days.
Sec. 38.570.110. - Nonconforming lighting.
Nonconforming lights can only be replaced with conforming lights. Site plans, conditional use
permits, and special use permits require lighting to become compliant. The city may require
nonconforming lights to be replaced with modifications/reuse applications.
Figure 38.570.010.
Lighting.
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Design Review Board (DRB) and Robert’s Rules of Order Robert’s Rules of Order is a manual of parliamentary procedure that governs most organizations with boards of directors. In 1876, Henry Martyn Robert adapted the rules and practices of Congress to the needs of non-legislative bodies and wrote them in his book, which is still in use today. The Robert’s Rules Association published brief versions of the book in 2005 and 2011. The newest versions have about 700 pages, which makes it difficult to look things up during a meeting. Meeting chairs and board members will find it helpful to keep a cheat sheet on parliamentary procedure at their fingertips during a meeting. Per Section 2.05.3020 BMC the DRB shall generally follow "Robert's Rules of Order" for its meetings and procedures of review. Three Main Types of Motions Used by the DRB: Main Motion: Introduce a new item. This is the motion typically provided by staff in the staff report. The motion will generally be in the affirmative to approve an application. This is the typical 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 19999 and move to recommend approval of the Purple Onion Site Plan and Certificate of Appropriateness application subject to conditions and all applicable code provisions.” Subsidiary Motion: Change or affect how to handle a main motion (vote on this before main motion). This motion is used to amend the main motion to add a condition or reword a condition presented by staff in the staff report. “I move that the motion be amended by: adding the following words __________________ or striking the following words ___________________ or striking the following words and adding in their place the following words__________.” Motion to Postpone/Continue: Delays a vote (can reopen debate on the main motion at later time/meeting). The DRB may request an applicant to consider design changes to comply with the requirements. In order to do so the member via the chair must make the request to the applicant. If the applicant concurs the member may motion to continue the review of the application. If the board agrees and a majority of the members vote to continue the review the project planner will place the revised item on the next available DRB agenda where there is space on the agenda while giving staff adequate time to review and revise findings for the DRB’s consideration. If the applicant declines a continued review the DRB must provide a recommendation on the application. If the DRB finds an application does not meet the required criteria it must recommend denial of the application due to that fact. “I move to continue the review of application 19999.”
Page 2 of 5
Every Motion Has 6 Steps: Motion: A member raises a hand to signal the chairperson, the chair recognizes the member and then the member makes the motion. “Having reviewed and considered… Second: Another member seconds the motion. “I second the motion or I second it or second.” Restate motion: The chair restates the motion. ”It is moved and seconded to …” Debate: The members debate/discuss the motion. Members must obtain the floor from the chair before speaking. The maker of the motion has the first right to the floor if they choose to take it. The debate must be confined to the merits of the motion. The debate is the time for each individual member to state their own findings or agree with the findings in the staff report. The debate is closed by the chair once there is no longer any comments/findings. Vote: The chairperson restates the motion “The question is on the motion that…” The chair then first asks for affirmative votes, and then negative votes. Announce the vote: The chairperson announces the result of the vote and any instructions for the record. Requesting Points of Something Certain situations need attention during the meeting, but they don’t require a motion, second, debate or voting. It’s permissible to state a point during a meeting where the chairperson needs to handle a situation right away. Board members can declare a Point of Order, Point of Information, Point of Inquiry or Point of Personal Privilege. Point of Order: Draws attention to a breach of rules, improper procedure, breaching of established practices, etc. Point of Information: A member may need to bring up an additional point or additional information (in the form of a nondebatable statement) so that the other members can make fully informed votes. Point of Inquiry: A member may use point of inquiry to ask for clarification in a report to make better voting decisions. Point of Personal Privilege: A member may use point of personal privilege to address the physical comfort of the setting such as temperature or noise. Members may also use it to address the accuracy of published reports or the accuracy of a member’s conduct. Tips and Reminders for Chairpersons
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Robert’s Rules of Order, which is known as parliamentary procedure, was developed to ensure that meetings are fair, efficient, democratic and orderly. A skilled chairperson allows all members to voice their opinions in an orderly manner so that everyone in the meeting can hear and be heard. The following tips and reminders will help chairpersons to run a successful and productive meeting without being run over or running over others.
• Follow the agenda to keep the group moving toward its goals.
• Let the group do its own work; don’t overcommand, but let members know if they stray from the topic or are overly dominant in the discussion/time allowed for each item.
• Control the flow of the meeting by recognizing members who ask to speak.
• Let all members speak once before allowing anyone to speak a second time.
• When discussions get off-track, guide the group back to the agenda.
• Model courtesy and respect, and insist that others do the same.
• Help to develop the board’s skills in parliamentary procedure by properly using motions and points of order.
• Give each speaker your undivided attention.
• Keep an emotional pulse on the discussions.
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Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 1 of 13
Application No. 17188 Type Site Plan, Certificate of Appropriateness, Demolition, Departures
Project Name BG Mill
Summary A Site Plan application to allow the demolition of the existing mill building and the construction of a five story mixed use building with departures.
Zoning B-3 Growth Policy Central Business District Parcel Size .512 acres
Overlay District(s) Neighborhood Conservation Overlay District
Street Address 714 E. Mendenhall Street, Bozeman, MT
Legal Description Lot 1 Northern Pacific Addition, S07, T02S, R06E, P.M.M., Gallatin County, Montana.
Owner BG Mill, LLC 102 N. Broadway Avenue, Bozeman, MT 59715
Applicant Pearson Design Group 102 N. Broadway Ave. Bozeman, MT 59715
Representative Pearson Design Group 102 N. Broadway Ave. Bozeman, MT 59715
Staff Planner Brian Krueger Engineer Griffin Nielsen
Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad
9/7/18-10/1/18 9/7/18 9/7/18 N/A
Board Design Review Board 9/26/18
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 17188 and move to recommend approval of the BG Mill Site Plan and Certificate of Appropriateness application subject to conditions and all applicable code provisions.
Recommendation Approval
Decision Authority Director of Community Development Date TBD
Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 2 of 13
PROJECT SUMMARY
The subject property is within the Neighborhood Conservation Overlay District (NCOD) and located within the northeast neighborhood. The subject property is not within a historic district. Administrative Design Review (ADR) has reviewed the design and found the plans do comply with the standards and intent of NCOD Design Guidelines. The following report reviews how the proposal complies Plan Review Criteria, the Growth Policy, Zoning Standards, Engineering Standards, the NCOD Design Guidelines and the Certificate of appropriateness criteria (C)OA). The DRB is required to review all of the Plan Review Criteria. The project complies with all design criteria within the NCOD Design Guidelines.
Pursuant to section 38.340.020, the Design Review Board (DRB) authority; development applications located within the overlay district for a project of this size and intensity. The DRB is required to make a recommendation to the Director on this application. The Design Review Board meeting will occur at 121 North Rouse Avenue, Bozeman MT, in the City Commission room at 5:30 p.m. on September 26, 2018. The Director of Community Development will make the final decision on this application after the public comment period is closed.
CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this report. Conditions approval provided below are within the purview of the DRB. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development
Recommended Conditions of Approval:
1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. Those which may be identified by the DRB as recommended conditions.
CODE PROVISIONS
Development Review Committee comments are not complete as of the date of this report.
1. If not already filed for the subject site, the applicant must provide and file with the County Clerk and Recorder's
office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following:
a. Street improvements to East Mendenhall Street including paving, curb/gutter, sidewalk, and storm drainage
b. Street improvements to North Broadway Avenue including paving, curb/gutter, sidewalk, and storm drainage
c. Street improvements to East Main Street including paving, curb/gutter, sidewalk, and storm drainage
d. Intersection improvements to East Mendenhall Street and North Broadway Avenue
e. Intersection improvements to East Main Street and North Broadway Avenue
f. Intersection improvements to East Main Street and Highland Boulevard
The document filed must specify that in the event an SID is not utilized for the completion of these improvements,
the developer agrees to participate in an alternate financing method for the completion of said improvements on
a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the
filed SID waiver prior to site plan approval.
2. The transfer of water rights or the payment of cash-in-lieu of water rights must be provided in accordance to
Bozeman Municipal Code (BMC) section 38.410.130.
3. Cash in lieu of parkland must be provided in accordance to Bozeman Municipal Code (BMC) section 38.420.030.
Figure 1: Current Zoning Map
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 3 of 13
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 4 of 13
Figure 2: Proposed site plan
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 5 of 13
Figure 3 & 4: Conceptual Renderings
ANALYSIS AND FINDINGS
Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards,
plans, public comment, and all other materials available during the review period. Collectively this information is the record
of the review. The analysis in this report is a summary of the completed review.
Plan Review, Section 38.230.100, BMC
In considering applications for plan approval under this title, the Director of Community Development shall consider the
following:
1. Conformance to and consistency with the City’s adopted growth policy 38.100.040 B Meets Code?
Growth Policy Land Use Central Business District Yes
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 6 of 13
Zoning B-3, Downtown Business District Yes Comments: The uses are allowed within the zoning district. The property is within the City’s municipal service area. The project is an infill redevelopment providing a mix of uses at urban densities. Staff finds that the project does contribute to the goals of the growth policy. 2. Conformance to this chapter, including the cessation of any current violations 38.200.160 Meets Code?
Current Violations None Yes Comments: There are no current violations on the subject property
3. Conformance with all other applicable laws, ordinances, and regulations 38.100.080 Meets Code?
Conflicts None Yes Condominium ownership NA NA Comments: The proposed uses of the site are consistent with the allowed uses of the B-3 district. No specific conflicts identified. Additional steps will be required including but not limited to final payment for cash in lieu of water rights, recordation of the SID waiver and final plan documents and approval of building permits. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. 4. Conformance with Plan Review for applicable permit types as specified in article 2 Section 38.230 Meets Code?
Site Plan & Certificate of Appropriateness (COA) Yes
Comments: The site plan and COA criteria are met with this project. The proposal is compatible and sensitive to the immediate environment of the site and the adjacent neighborhoods. Architectural design, building mass, neighborhood identity are compatible to the immediate environment and neighborhood. Further analysis on this is in Section 13, NCOD Design Guidelines. 5. Conformance with zoning provisions of article 3 38.320.100 Meets Code?
Permitted uses 38.310 Mixed Use, Retail/Commercial/Office/Apartments Yes
Form and intensity standards 38.320 Yes
Zoning B-3 Setbacks (feet) Structures Parking / Loading Yes Front Storefront NA Rear 0 0
Side 0 0
Alley 5 5 Comments: The proposed setbacks meet all B-3 zone district standards.
Relationship to adjacent properties standards 38.520.030 (light and air access and privacy) and angled setback plane 38.360.030 NA
Applicable zone specific or overlay standards 38.330-340 Yes Building Height Requirements 38.320.010-.060 Yes Lot coverage 47% Allowed 100% Height 73’ Allowed 70-74’ Yes Comments: There are multiple different rooflines proposed. All meet the height standards for the B-3 district.
General land use standards and requirements 38.350 Yes
Comments: All encroachments are in conformance to standards. Yes Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA NA
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 7 of 13
Comments: NA
Wireless facilities 38.370 NA
Affordable Housing 38.380.010 NA NA Affordable housing plan NA Comments: NA
6a(1). Conformance with the community design provisions of article 4: Transportation facilities and access 38.400 Meets Code?
Street vision Yes Yes Secondary access Yes Traffic Impact Study / LOS Yes Transportation grid adequate to serve site Yes Yes
Comments: No offsite improvements to the transportation system are identified in the traffic study. Vehicular access to the property is from the alley and East Mendenhall Street. The City Engineer granted a deviation to access distance from the East Mendenhall/North Broadway intersection.. Street dedication NA Yes Drive access locations and widths Yes Number of drive accesses 1-alley, 1 street Yes Street easements NA
Special Improvement Districts Yes No
Comments: Access is from an alley off East Mendenhall Street and directly to East Mendenhall Street. Due to the irregular shape of the lot, two access locations are allowed. The alley will paved with pervious pavers and brought up to a higher standard. Vehicular access complies with code requirements. Parking requirements of 38.540
Required parking nonresidential minus1st 3000 sq. ft B-3 43 Yes Required parking residential 10 Reductions nonresidential - and bike and shower facilities-6 space reduction 10%
Reductions residential 1:1 mixed use- 0 residential parking required Yes Provided parking off street 38 On street parking 5 6a(2). Conformance with the community design provisions of article 4: Pedestrian and vehicular ingress and egress 38.400 Meets Code?
Design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area
Yes
Vehicle accesses to site 2 Yes Pedestrian access location(s) Yes Site vision triangles Yes Fire lanes, curbs, signage and striping Yes
Non-automotive transportation and circulation systems, design features to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, grade differences, landscaping and lighting
Crosswalks NA Curb ramps Yes Pedestrian lighting Yes
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 8 of 13
Comments: The sidewalk along East Mendenhall Street provides pedestrian access. The sidewalk will be constructed to conform to standards.
Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent development and the general community Yes
Access easements NA NA Dedication of right-of-way or easements necessary for pedestrian, shared use pathway and similar transportation facilities NA
Comments: Not required for this application.
6a(3) Loading and Unloading areas Meets Code?
Loading and unloading area requirements 38.540.080 NA Loading and unloading NA NA First Berth (min. 70 feet length, 12 feet in width and 14 feet in height)
NA NA
Additional Berths (min. 45 feet length) NA NA
Comments: NA. No off-street loading berths are required for this use.
6b Community design and element provisions 38.410 Meets Code?
Lot and block standards 38.410.040 Yes Rights of way for pedestrians alternative block delineation NA
Comments: NA
Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Municipal infrastructure requirements Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes
Other utilities (electric, natural gas, communications) Yes CIL of water No Comments: CIL is calculated, but must be paid prior to site plan approval.
Site Surface Drainage and stormwater control 38.410.080 Yes Location, design and capacity Yes Landscaping per 38.410.080.H Yes
Comments: NA
Grading 38.410.080 NA
Maximum 1:4 slope requirements met NA Comments: Stormwater provided in underground detention system. Pervious paver systems incorporated at the alley and E. Mendenhall Street frontage 6c. Park and recreation requirements 38.420 Meets Code?
Enhancement of natural environment NA Wildlife habitat or feeding area preservation NA Maintenance of public park or public open space access NA Park/Recreational area design NA
Parkland Cash-in-lieu for maximum known density not to exceed 12 units/acre (ac.). Yes
.52 ac. X 10 units/ac. X 0.03 ac.= .3 ac.
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 9 of 13
Cash donation in-lieu(CIL) Proposed use of CIL approved, amount not paid No
Improvements in-lieu NA NA Comments: Parkland dedication is required. Project proposes Cash in lieu in the B-3 district and meets standards. CIL must be paid prior to site plan approval. 7a-c. Conformance with the project design provisions of Article 5, Compatibility, Design and Arrangement Meets Code?
Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development relative to architectural design, building mass, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration
Yes
Block Frontage Standards 38.510 Yes with departure Building Design 38.530 Yes Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Block frontage standard for this project is Storefront along E. Mendenhall Street a departure is proposed to the sidewalk width due to topographical challenges. Sidewalk departure meets criteria. Departure requested for retail/commercial space depth on E. Mendenhall Street. Departure meets criteria. Both departures are recommended for approval due to the following findings: The site is irregularly shaped and includes a slope from south to north. In order to accommodate structured parking on the ground floor and an urban storefront streetscape design on the East Mendenhall the project the departures are justified and the design solutions proposed to mitigate for the departures meet the criteria for each departure and the intent of the block frontage provisions. Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development
Yes
Relationship to adjacent properties 38.520.030 Yes Non-motorized circulation and design 38.520.040 Yes Vehicular circulation and parking 38.520.050 Yes Comments: Project conforms to requirements.
Design and arrangement of elements of the plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site configuration
Yes
Site Planning and Design Elements 38.520 Yes Comments: Project conforms to requirements
Landscaping N/A 7d. Conformance with the project design provisions of Article 5, Landscaping including the enhancement of buildings, appearance of vehicular use, open space and pedestrian area and the preservation of replacement of natural vegetation
Meets Code?
Submittal requirements for landscape plans 38.220.100 Yes Mandatory landscaping 38.550.050 Yes Yard Yes Additional screening NA Parking lot screening NA
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 10 of 13
Interior parking lot landscape NA Off-street loading spaces screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes
Protection of landscape areas Yes Irrigation: plan, water source, system type Yes
Trees for residential adjacency NA
Performance points 13 Yes
City rights-of-way and parks Yes Tree plantings for boulevard ROW, drought-resistant seed Yes Public ROW boulevard strips Yes Irrigation and maintenance provisions for ROW Yes State ROW landscaping NA Additional NA NA Fencing and walls NA NA
Comments: Street frontage landscaping complies with requirements and with departure for block frontage
Site planning and design required 38.520 Yes
Pedestrian area landscaping, including pathways and internal circulation 38.520.040 Yes Internal roadway landscaping 38.520.050 NA Open space landscaping 38.520.060 Yes Service area and mechanical equipment landscaping and screening 38.520.070 Yes Open space Yes Comments: Project meets requirements.
7e. Conformance with the project design provisions of Article 5, Open Space Meets Code?
Open Space Section 38.520.060
Total required 10% Total provided >10% Yes Comments: The proposed design meets open space standards. A shared rooftop deck is proposed.
7f. Conformance with the project design provisions of Article 5, Lighting 38.570 Meets Code?
Building-mounted lighting (cutoff and temperature) Yes Site lighting (supports, cutoff and temperature) NA Minimum light trespass at property line Yes Comments: The proposed building mounted lighting meets standards. No site lighting is proposed.
7g. Conformance with the project design provisions of Article 5, Signage 38.560 Meets Code?
Allowed (sq. ft)/building NA NA Proposed (sq. ft) NA
Comments: The only signage proposed at this time is building name/designation signage. 8a-c. Conformance with environmental and open space objectives in articles 4-6 Meets Code?
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 11 of 13
Enhancement of natural environment: Integrated stormwater, LID, removal of inappropriate fill Yes
Grading Yes On-site retention/detention Yes Comments: Project meets requirements. Drainage design No Stormwater maintenance plan 38.410.030.A No Stormwater feature: landscaping amenity, native species, curvilinear, 75% live vegetation NA
Comments: No surface stormwater facilities are proposed.
Watercourse and wetland protections and associated wildlife habitats NA If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area
NA
Comments: NA 9. Conformance with the natural resource protection provisions of articles 4-6 Meets Code?
Watercourse setback 38.410.100 NA Watercourse setback planting plan NA Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: NA 10. Other related matters, including relevant comment from affected parties 38.220 Meets Code?
Public Comment Yes Yes Comments: Public notice is not required for DRB. Project is under public notice.
11. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either: Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming OR Are the subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. 38.410.060
Meets Code?
Subdivision exemption NA NA Required Easements NA NA Reciprocal access and shared parking easement NA NA NA
Mutual access easement and agreement NA
Comments: Not applicable the project is proposed on one lot.
12. Phasing of development 38.230.020.B including buildings and infrastructure Meets Code?
Phasing No # of phases 1 Yes Comments: One phase is proposed.
13. Standards for certificate of appropriateness 38.340.050 Meets Code?
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 12 of 13
Certificate of appropriateness standards Yes Secretary of the Interiors Standards for new construction Yes Architectural appearance Yes Proportion of doors and windows Yes Relationship of building masses and spaces Yes
Roof shape Yes Scale Yes Directional expression, with regard to the dominant horizontal or vertical expression of surrounding structures Yes
Architectural details Yes
Concealment of non-period appurtenances, such as mechanical equipment Yes Materials and color schemes Yes Comments: The proposed project is located within the NCOD. This means that the project must adhere to a higher level of design, focus on the relationship of the surrounding area, and maintain a level of integrity and character that makes up the NCOD. An Architectural Design Review (ADR) team made up of staff reviewed the proposed design and found that the project meets all applicable COA criteria including NCOD design guidelines.
14. Conformance with the Neighborhood Conservation Overlay District Design (NCOD) Guidelines Meets Code?
Overlay District Provisions Yes Comments: The proposed project is located within the NCOD. This means that the project must adhere to a higher level of design, focus on the relationship of the surrounding area, and maintain a level of integrity and character that makes up the NCOD. An Architectural Design Review (ADR) committee made up of staff reviewed the proposed design and finds that the project meets all applicable NCOD design guidelines. Introduction Yes Chapter 2: Guidelines for all properties Yes Chapter 4b: Guidelines for commercial areas outside of Main Street Historic District Yes
Appendices Yes
Comments: The proposed project is reviewed under the classification of new infill and construction in the NCOD, but outside of a historic district. The above sections and chapters of the Bozeman Guidelines for Historic Presentation and the Neighborhood Conservation Overlay District apply to this project. 15. NCOD Demolition 38.340.080 Review of Demolition of historic structures or sites Meets Code?
Historic Structure per 38.700.090 Yes Yes Comments: The proposed project is an eligible historic structure that meets the definitions provided in article 7 of the UDC.
Approval of the proposed subsequent development is required for all historic structures proposed for demolition and for the proposed movement of any structure of site.
Yes
Public Notice Yes
Criteria Yes
1. The property’s historic significance.
2. Whether the structure has no viable economic life remaining
3. Whether the subsequent development complies with Section 38.340.050 (standards for certificates of appropriateness)
Staff Report
BG Mill Site Plan Review
Application 17188
Friday, September 21, 2018
Page 13 of 13
4. Whether the subsequent development includes construction of new building(s) unless the existing character of the area does not include buildings.
5. Subsequent development requires a building permit and does not include proposals which leave the site without building(s) or structure(s)/
Notwithstanding the above, for projects proposing the removal of a historic structure, which do not qualify for sketch plan review pursuant to 38.230.070, the review authority may determine the proposed subsequent site development is more appropriate for the site based upon the criteria in 38.230.100 (plan review criteria). Comments: No demolition of the mill is permitted until the building permit for the subsequent development is approved. Public notice was provided on September 7, 2018. An updated Montana Historic Property Record form is included in the application. The proposed structure for demolition is primarily an elevator machine and grain storage bins that are not a habitable structure. The subsequent development conforms to the criteria for a COA and plan review criteria. The subsequent development will leave the site with a new infill building and will not result in a vacant site. The Director of Community Development must find that the criteria have been met for demolition. This decision will coincide with the overall project approval.
Design Review Board Wednesday, September 26th | 5:30 pm | City Hall, Commission Room | 121 N. Rouse Ave.
A. Call meeting to order and Roll Call
B. Changes to the Agenda
C. Minutes
• 9.12.18 Minutes (PDF)
o 9.12.18 Video
D. Public Comment
Please state your name and address in an audible tone of voice for the record. This is the time for individuals to
comment on matters falling within the purview of the Committee. There will also be an opportunity in
conjunction with each action item for comments pertaining to that item. Please limit your comments to three
minutes.
E. Action Items
1. 17188 BG Mill Site Plan / COA (Krueger)
A Site Plan application to allow the demolition of the existing mill building and the construction of a five
story mixed use building with departures.
• 17188 Staff Report
• 17188 Application Materials
• 17188 Existing Conditions & Landscape Plans
• 17188 Plans & Renderings
2. 18355 Valley West Square Master Site Plan (Johnson)
This Site Plan proposes a commercial subdivision development, Valley West Square, located at the northeast
corner of West Babcock Street and North Cottonwood Road and will subdivide the current Lot 3A into 6
commercial lots. The 2.65 acre subject site is part of the Valley West Neighborhood (PUD) and is zoned B-1. This
Master Site Plan (MSP) details the division of the subject site into six (6) parcels. Per City recommendations and
keeping with the entitlements process, the MSP application is being submitted concurrently with the subdivision
process.
• 18355 Staff Report
• 18355 DRC Memo
• 18355 Application Materials & Plans
• 18355 PUD Standards & Project Location
• 18355 Valley West Square Draft Design Manual
F. FYI/Discussion 1. Discussion / work session for how DRB can play a more constructive role within the public process.
G. Adjournment
For more information please contact Brian Krueger at bkrueger@bozeman.net
This board generally meets the second and fourth Wednesday of the month at 5:30pm
Committee meetings are open to all members of the public. If you have a disability and require assistance, please
contact our ADA coordinator, Mike Gray at 406-582-3232 (TDD 582-2301).
Design Review Board Wednesday, September 26th | 5:30 pm | City Hall, Commission Room | 121 N. Rouse Ave.
A. 05:32:29 PM (00:00:02) Call meeting to order and Roll Call
Present Were:
• Mayor Cyndy Andrus (Commission Liaison)
• Brady Ernst
• Ethan Barlow
• Charlie Franklin (Vice Chair, Acting Chair)
• Scott Freimuth
• Chris Keil
• Troy Scherer
B. 05:32:48 PM (00:00:21) Changes to the Agenda
C. 05:33:01 PM (00:00:34) Minutes
• 9.12.18 Minutes (PDF)
o 9.12.18 Video
05:33:11 PM (00:00:44) MOTION to approve minutes from 9/12/18: Brady Ernst
05:33:17 PM (00:00:50) MOTION SECONDED: Ethan Barlow
05:33:19 PM (00:00:52) VOTE: All in Favor – Motion Carries
D. 05:33:49 PM (00:01:22) Public Comment
Please state your name and address in an audible tone of voice for the record. This is the time for
individuals to comment on matters falling within the purview of the Committee. There will also be an
opportunity in conjunction with each action item for comments pertaining to that item. Please limit your
comments to three minutes.
05:35:00 PM (00:02:33) Phillip Devitt (109 N. Broadway) commented on the proposed BG Mill Site Plan.
Devitt voiced concerns regarding the historic character of the building, the design of the proposed building
and the impact on traffic.
E. Action Items
05:38:39 PM (00:06:12) Board member Brady Ernst recused himself from application 17188 BG Mill Site Plan;
Board member Troy Scherer recused himself from applications 17188 BG Mill Site Plan and 18355 Valley West
Square Master Site Plan.
1. 05:39:42 PM (00:07:15) 17188 BG Mill Site Plan / COA (Krueger)
A Site Plan application to allow the demolition of the existing mill building and the construction of a five
story mixed use building with departures.
• 17188 Staff Report
• 17188 Application Materials
• 17188 Existing Conditions & Landscape Plans
• 17188 Plans & Renderings
05:39:45 PM (00:07:18) Planner Brian Krueger provided an overview of the proposed project. Krueger reviewed
the existing structure, the proposed site plan, elevations, requests for departure and public comment.
05:53:17 PM (00:20:50) Larry Pearson, presented on behalf of the applicants and provided his own overview of
the project.
06:06:40 PM (00:34:13) DRB members held a Q&A session with the project representatives and city staff
regarding the materials and design of the proposed projects.
06:50:32 PM (01:18:05) Board members took turns, working around the dais providing feedback regarding the
project.
07:17:48 PM (01:45:21) MOTION to recommend project 17188, BG Mill Site Plan, for approval: Scott Freimuth
07:18:10 PM (01:45:43) MOTION SECONDED: Ethan Barlow
07:18:21 PM (01:45:54) Discussion – board members discussed the proposed changes to the railing material and
determined that it was not necessary to add conditions to the motion. The applicant agreed to changes prior to
the final approval of their project.
07:19:29 PM (01:47:02) VOTE: All in Favor – Motion Carries Unanimously.
07:27:48 PM (01:55:21) Board Member Scott Freimuth recused himself from project review for application
18355.
2. 07:27:48 PM (01:55:21) 18355 Valley West Square Master Site Plan (Johnson)
This Site Plan proposes a commercial subdivision development, Valley West Square, located at the northeast
corner of West Babcock Street and North Cottonwood Road and will subdivide the current Lot 3A into 6
commercial lots. The 2.65 acre subject site is part of the Valley West Neighborhood (PUD) and is zoned B-1. This
Master Site Plan (MSP) details the division of the subject site into six (6) parcels. Per City recommendations and
keeping with the entitlements process, the MSP application is being submitted concurrently with the subdivision
process.
• 18355 Staff Report
• 18355 DRC Memo
• 18355 Application Materials & Plans
• 18355 PUD Standards & Project Location
• 18355 Valley West Square Draft Design Manual
07:28:35 PM (01:56:08) Planner, Courtney Johnson presented and provided an overview of the proposed
project. Johnson recommended that the board discuss the Valley West PUD development guidelines, draft
design manual, trash enclosure location and screening, pedestrian and bicycle circulation and the public areas
and plazas.
07:33:40 PM (02:01:13) Rob Pertzborn of Intrinsik Architecture presented on behalf of the applicant. Pertzborn
provided more detail regarding the project location
07:38:58 PM (02:06:31) Board members held a Q&A session with the project applicant and staff.
08:01:57 PM (02:29:30) Board members provided feedback regarding the project.
08:16:54 PM (02:44:27) MOTION – regarding Valley West Square application 18355, I make a motion to
recommend approval of this application with recommended conditions and modifications to the report findings.
08:18:09 PM (02:45:42) MOTION SECONDED: Brady Ernst
08:18:19 PM (02:45:52) DISCUSSION on the motion
08:19:22 PM (02:46:55) VOTE: All in Favor – Motion Carries Unanimously
F. FYI/Discussion
1. 08:19:53 PM (02:47:26) Discussion / work session for how DRB can play a more constructive role within the public process.
Board members discussed holding a work session to determine ways in which they can improve the meeting
format to provide a clearer recommendation to applicants who bring projects before the board.
G. 08:41:14 PM (03:08:47) Adjournment
For more information please contact Brian Krueger at bkrueger@bozeman.net
This board generally meets the second and fourth Wednesday of the month at 5:30pm
Committee meetings are open to all members of the public. If you have a disability and require assistance, please
contact our ADA coordinator, Mike Gray at 406-582-3232 (TDD 582-2301).