HomeMy WebLinkAbout10-28-19 City Commission Packet Materials - A5. Ord 2029 Provisional, Amending Chapter 38 of the UDC for Consistent Standards1
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development
SUBJECT: Provisional adoption of Ordinance 2029 to revise Chapter 38, Unified
Development Code submittal requirements for landscape plans, UMU district
special standards, landscape plan review, mandatory landscaping provisions, landscape performance standards, landscape completion, permitted general sales
uses, sketch plan review, group living, and parking space requirements for
restaurants and entertainment centers, Application 19355.
STRATEGIC PLAN: This implements strategic plan item 4.2, high quality urban approach by revising the Unified Development Code to better meet community needs.
MEETING DATE: October 28, 2019
AGENDA ITEM TYPE: Action (legislative)
RECOMMENDATION: Meets standards for approval with terms of annexation and contingencies.
BACKGROUND: The City of Bozeman generally updated Chapter 38 of the Bozeman Municipal
Code with adoption in January 2018. The revised development code became effective on March 31, 2018. The City monitors how the code is performing and seeks improvements where possible. As the
City continues to change revisions to the code are necessary.
The City of Bozeman applies to revise Chapter 38 of the Bozeman Municipal Code to improve
consistency in the application of standards, remove unused definitions, and to revise the landscaping standards to be easier to understand, design to, and administer. A specific listing and description of the
individual changes is presented in Appendix A of the attached staff report.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: None
Attachments: Staff Report Ordinance 2029
Commission Memorandum
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Report compiled on October 4, 2019
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19403, Staff Report to Amend Chapter 38 of the Bozeman Municipal Code to
Improve Consistency in Application of Standards, Ordinance 2029
Public Hearing Dates:
Zoning Commission: Tuesday, October 1, 2019 at 6:00 p.m.
City Commission: Monday, October 28, 2019 at 6:00 p.m.
Project Description: Zone text amendments to revise sections including submittal
requirements for landscape plans, UMU district special standards, landscape plan
review, mandatory landscaping provisions, landscape performance standards,
landscape completion, permitted general sales uses, sketch plan review, group living,
and parking space requirements for restaurants and entertainment centers.
Project Location: These amendments apply to the entire City and all zoning districts as
detailed in the text.
Recommendation: Approval of Ordinance 2029.
Zoning Commission Motion: Having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 19403 and move to recommend that the
City commission adopt Ordinance 2029 zone text amendment.
Recommended City Commission Motion: Having reviewed and considered the application
materials, public comment, Zoning Commission recommendation, and all the
information presented, I hereby adopt the findings presented in the staff report for
application 19403 and move to provisionally adopt Ordinance 2029.
Report: September 25, 2019
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
The City of Bozeman generally updated Chapter 38 of the Bozeman Municipal Code with
adoption in January 2018. The revised development code became effective on March 31,
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2018. The City monitors how the code is performing and seeks improvements where
possible. As the City continues to change revisions to the code are necessary.
The City of Bozeman applies to revise Chapter 38 of the Bozeman Municipal Code to
improve consistency in the application of standards, remove unused definitions, and to revise
the landscaping standards to be easier to understand, design to, and administer.
The following summarizes the location and changes proposed to the Bozeman Municipal
Code. See Appendix A for further background discussion and rationale. The full draft
ordinance with proposed changes is attached to this report.
1. Revise Section 38.220.110 Submittal Requirements For Landscape Plans to remove reference to 38.550.060 and landscaping points.
2. Revise Section 38.330.010 UMU District Special Standards to remove reference to
38.550.060 and associated landscaping requirements.
3. Revise Section 38.550.040 Landscape Plan Review to remove reference to 38.550.060 and associated landscaping requirements. 4. Revise Section 38.550.050 Mandatory Landscaping Provisions to relocate certain
elements of 38.550.060, to revise minimum standards for landscaping for all applications
that require a landscaping plan, and include cross references to other related portions of
the municipal code. 5. Delete Section 38.550.060 Landscape Performance Standards 6. Revise Section 38.550.090 – Landscape Completion to modify requirements for
guarantees for completion of certain types of landscaping.
7. Revise Table 38.310.040.A Permitted general sales uses in commercial, mixed-use, and
industrial zoning districts to remove Automobile, boat or recreational vehicle sales, service and/or rental as a permitted use for three zoning districts. 8. Revise Section 38.230.070 Sketch Plan Review to authorize review of accessory dwelling
units in the Residential Office RO, and Residential High Density Mixed Use R5 district
as a sketch plan, and authorize review of Group Living for 8 persons or less on a single
residential lot as a sketch plan. 9. Revise Section 38.360.130 Group Living to revise the area required per person in different zoning districts to correlate with prior changes to minimum lot sizes.
10. Revise Table 38.540.050-6 to revise the number of bicycle parking spaces required in
certain areas of the B2-M zoning district to change from 5 to 2.5 spaces per 1,000 square
feet for some uses. 11. Revise Section 38.700.140 to delete the definition of Open sales (or rental) lot.
Zoning Commission
The Zoning Commission held their public hearing on October 1, 2019. There was no public
comment. A motion to recommend approval passed on a vote of 3-1. Discussion by the
Zoning Commission focused on desirability of code improvement, engagement with other
advisory boards, and impact of development review process.
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The video of the meeting is available
at: https://media.avcaptureall.com/session.html?sessionid=923a4d71-317b-457c-a33d-
3307644d5374&prefilter=654,3835. Discussion on this item begins at 1:20:00 in the
recording.
Alternatives
1. Direct revisions to the ordinance.
2. Do not adopt the ordinance, or
3. Request additional information and continue further discussion of the ordinance.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Zoning Commission ............................................................................................................ 2
Alternatives ......................................................................................................................... 3
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 3
SECTION 2 - STAFF ANALYSIS AND FINDINGS ............................................................. 4
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 6
APPENDIX A - PROJECT BACKGROUND ......................................................................... 6
APPENDIX B - NOTICING AND PUBLIC COMMENT ...................................................... 8
APPENDIX C - APPLICANT INFORMATION AND STAFF REPRESENTATIVE ........... 9
FISCAL EFFECTS ................................................................................................................... 9
ATTACHMENTS ..................................................................................................................... 9
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for municipal code amendment, Staff recommends
approval as submitted.
The Zoning Commission held a public hearing on the text amendments on Tuesday, October
1, 2019, at 121 N. Rouse Avenue, Bozeman. The meeting began at 6 p.m.
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The City Commission will hold a public hearing on the text amendments on Monday,
October 28, 2019, at 121 N. Rouse Avenue, Bozeman. The meeting begins at 6 p.m.
SECTION 2 - STAFF ANALYSIS AND FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
In considering the criteria the analysis must show that the amendment accomplishes criteria
A-D. Criteria E-K must be considered and may be found to be affirmative, neutral, or
negative. A favorable decision on the proposed application must find that the application
meets all of criteria A-D and that the positive outcomes of the amendment outweigh negative
outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The proposed amendments do not modify the zoning map. Therefore, compliance with
the future land use map is not applicable for this application.
Modifications to the text do implement several implementation policies of the growth policy.
Objective G-2.1: Ensure that development requirements and standards are efficiently
implemented, fairly and consistently applied, effective, and proportionate to the concerns
being addressed.
2) Ensure that municipal ordinances provide for adequate mitigation of identified
development impacts. a. Review and evaluate for effectiveness, and as necessary modify,
each City program or policy at least every five years.
4) Ensure that development procedures and requirements are predictable, clear, timely,
and effective while ensuring adequate review of community and environmental impacts
9) Encourage infill and redevelopment which is respectful of its context.
16) Review and update regulations as necessary so that clear and effective standards are
provided.
The proposed amendments improve efficiency by removing redundant text. The landscaping
points section 38.550.060 is one of the most complicated elements of the code. The initial
development of the section relied upon more suburban oriented setback dimensions and
expectations for development. As the City has evolved more urban focused development
standards it has been increasingly difficult to meet the requirements of 38.550.060. With the
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adoption of Article 38.5 for universally applicable design standards elements of the points
system became redundant. The consolidation of key elements into the mandatory landscaping
requirements and removal of the points process will materially simplify the development
application preparation and review processes.
Revisions to lot area required for group living and authorizing limited group living through a
sketch plan review will support utilization of the existing housing stock. This supports infill
by putting to use the existing housing and infrastructure capacity. The limits on density for
group living will keep the use respectful of its context.
B. Secure safety from fire and other dangers.
Yes. The adopted standards of the municipal code that address this criterion will not be
modified by this ordinance. Therefore, this criterion remains satisfied with the overall
municipal code.
C. Promote public health, public safety, and general welfare.
Yes. The adopted standards of the municipal code that address this criterion will not be
modified by this ordinance. Therefore, this criterion remains satisfied with the overall
municipal code. The revised landscaping standards will continue to provide diverse and
adequate landscaping.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. The proposed amendment does not modify any standard within the UDC for provision
of the listed services. Therefore, these services will continue to be provided as before. An
increased requirement for use of drought tolerant landscaping will improve water
conservation and therefore make provision of water more reliable.
E. Reasonable provision of adequate light and air.
Yes. This is not applicable for the proposed amendment as it does not change any standard
affecting this criterion. Therefore, the standards addressing this criterion remain in effect and
will ensure adequate light and air.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The proposed amendment does not modify any standard for provision of the listed
services. Therefore, these services will continue to be provided as before.
G. Promotion of compatible urban growth.
Yes. The proposed revisions to landscaping support a more urban development pattern. No
change to the zoning map or uses allowed in districts is made by this ordinance. Therefore,
the standards which address compatibility are supported.
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H. Character of the district.
Neutral. The amendments do not modify the uses allowed in individual districts. They do not
modify setbacks, heights, or other elements of the code that help define the character of a
particular zoning district.
I. Peculiar suitability for particular uses.
Neutral. This is not applicable for the proposed amendments. No change to the zoning map
is included with these amendments.
J. Conserving the value of buildings.
Yes. The scope of the amendments do not alter uses within districts or add requirements for
use of buildings. No existing buildings will become non-conforming to standards due to these
amendments. No new buildings will be required to meet higher standards due to these
amendments.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Neutral. The proposed amendment does not alter the zoning map or uses authorized within
zoning districts.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
For this text amendment application the applicable calculation of protesting owners would include all owners of all properties in all districts of the City for issues affecting the entire city
such as review processes and generally applicable standards. For issues affecting a defined
subsection of the city such as an individual zoning district the calculation of protesting owners
would include all owners within the affected area. This protest does not apply to provisions
relating to subdivision review as there is no state authority for protest of subdivision regulations.
APPENDIX A - PROJECT BACKGROUND
The City is establishing a semi-annual text amendment program for Chapter 38, Unified
Development Code. This chapter addresses most standards and procedures applicable to land
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development. As the City continues to grow rapidly it is necessary to evaluate and where
necessary update the adopted text of the chapter.
There was a short time frame available to prepare the first amendments. Staff selected several
items that did not require substantial text drafting but would address issues being frequently seen
in development review, would remove unnecessary text, and would lessen administrative
burdens thereby opening staff time to work on other more material changes in the future.
Sections 1-6 in this ordinance all address landscaping standards with the primary action being to
delete the landscaping performance points system and upgrading the mandatory landscaping
elements. The performance points system is suburban in nature, complex, and time consuming
during plan development, review, and follow-up. The City’s development standards are
increasingly urbanized with smaller setbacks and more intensive construction. New standards in
Article 5 of Chapter 38 integrate landscaping into many elements. The total result of these
changed circumstances is that substantial public and private effort is put into demonstrating
compliance with the point system while experiencing diminishing value in the ultimate outcome
from the effort expended.
The ordinance removes the point system entirely. Elements of the outcome of the point system,
such as having adequate tree cover in parking lots, have been moved to the mandatory
landscaping section. Use of water conserving plant types was rewarded in the points system. The
amendments to mandatory landscaping now require their use. This maintains the primary public
benefits of landscaping in new development with a simpler process and standard.
Section 7 changes how certain projects must be reviewed in order to be approved by the City.
The Commission has recently revised the review processes for accessory dwellings. The
authorization for ADUs is in Table 38.360.040. In that table some ADUs are clearly identified as
a special use permit review. Others are listed as permitted use. Permitted uses may be reviewed
either as sketch plans or as site plans. Due to the considerable difference in information required
and review time between sketch plans and site plans is important to clearly identify the review
process required. This change sets the review process for accessory dwellings as the less rigorous
sketch plan review in all districts where a special use permit is not required.
The City has for many years allowed up to four homes in a single structure and on a single lot to
be reviewed as a sketch plan. Various other uses with similar intensity of impacts have also been
allowed to be reviewed as a sketch plan. A sketch plan review checks for compliance with
applicable zoning standards but does not require some of the more extensive application
requirements such as full landscaping and topographic plans. Noticing is also less rigorous as it
has been determined that the limited level of intensity allowed minimizes the likely impact on
adjacent properties.
The City developed the Group Living land use, defined in 38.700.080, to enable flexibility in use
of property and to provide diverse opportunity for housing within the bounds established for the
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use and individual zoning districts. Group Living is a permitted use in all residential districts.
The scope of Group Living spans from adding just one more person to a property to development
of large residential complexes. Due to this wide range, Group Living has been reviewed through
the more extensive site plan process. The City has processed several Group Living applications
and has more experience with the scope and scale of development. The ordinance authorizes
Group Living within specific limits which constrain the impact and scale of the use to be
reviewed as the less rigorous sketch plan process. All the applicable development standards for
density and parking, setbacks, building heights, etc. remain unchanged. This change supports
additional flexibility in the use of existing and new homes.
Section 8 of the ordinance removes from the non-residential land use table a listed use which is
duplicative to the general authorization for retail uses in those districts. This was an oversight in
the overall code revisions effective in 2018. Having the same activity listed twice leads to
confusion.
Section 9 of the report revises the land area per person required for Group Living to parallel the
intensity allowed for defined households in residential districts. This is a catch up to lot size
changes the Commission approved earlier this year.
Section 10 revises the bicycle parking requirements for development in the B2M district. The
number of bicycles parking spaces being required for larger projects is exceeding what is likely
to be used with regularity given the weather conditions in Bozeman. The bicycle parking
standard was adopted fairly recently. The City has since reviewed three site plans that used this
standard. The outcome of the review showed a much higher number of bicycle parking spaces
than seemed probable to be used were required by the standard. The City strives to match its
requirements with reasonable mitigation for demand for service.
Section 11 deletes a definition for open sales (or rental) lot that is not used anywhere within the
code.
APPENDIX B - NOTICING AND PUBLIC COMMENT
This application is for an amendment to the municipal code. Therefore, the required notice is
publication in the newspaper per Table 38.40.030, BMC. Notice was published on September
15, 2019 and September 29, 2019 in the Bozeman Daily Chronicle. Text amendments are not
posted or mailed.
No public comment has been received as of the writing of this report. Any received
comments will be forwarded.
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APPENDIX C - APPLICANT INFORMATION AND STAFF
REPRESENTATIVE
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771.
Staff Representative: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this text amendment. The City will incur periodic costs to administer the process.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Draft Ordinance 2029
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ORDINANCE 2029
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA TO REVISE SECTION 38.2220.110 SUBMITTAL REQUIREMENTS FOR
LANDSCAPE PLANS, 38.330.010 UMU DISTRICT SPECIAL STANDARDS, SECTION
38.550.040 LANDSCAPE PLAN REVIEW, SECTION 38.550.050 MANDATORY
LANDSCAPING PROVISIONS, TO DELETE SECTION 38.550.060 LANDSCAPE
PERFORMANCE STANDARDS, TO REVISE 38.550.090 LANDSCAPING
COMPLETION, REVISE TABLE 38.310.040.A, SECTION 38.230.070 SKETCH PLAN
REVIEW, SECTION 38.360.130 GROUP LIVING, SECTION 38.700.140 TO DELETE
DEFINTION OF OPEN SALE (OR RENTAL) LOAT, AND REVISE TABLE 38.540.050-6
OF THE BOZEMAN MUNICIPAL CODE.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of Section
76-2-304, MCA; and
WHEREAS, the City has identified various revisions to the municipal code to make it
more consistent between sections; and
WHEREAS, replacement of landscape performance standards with more consistent and
clear minimum standards will simplify project design and review; and
WHEREAS, removal of definitions not in use and removal of listed land uses which
duplicate other permitted uses will prevent confusion,
WHEREAS, making review procedures more consistently applied on applications of
similar intensity removes potential regulatory impediment.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That section 38.220.100 of the Bozeman Municipal Code be amended as follows:
Sec. 38.220.100. - Submittal requirements for landscape plans.
A. These landscape regulations apply to a lot or site subject to plan review and approval outlined
in division 38.230 of this chapter. A separate landscape plan must be submitted as part of the
site plan application unless the required landscape information can be included in a site plan
that meets formatting requirements as determined by the city and the standards listed below.
B. Preparation of landscape plan. Landscape plans must be prepared and certified by:
1. A state-registered landscape architect;
2. An individual with a degree in landscape design and two years of professional design
experience in the state; or
3. An individual with a degree in a related field (such as horticulture, botany, plant science,
etc.) and at least five years of professional landscape design experience, of which two years have been in the state.
C. Contents of landscape plan. A landscape plan required pursuant to this chapter must contain
the following information:
1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the
property owner and the person preparing the plan;
2. Location of existing boundary lines and dimensions of the lot;
3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the
location of any 100-year floodplain; the approximate location of significant drainage
features; and the location and size of existing and proposed streets and alleys, utility
easements, utility lines, drive aisles and sidewalks on the lot and/or adjacent to the lot;
4. Project name, street address, and lot and block description;
5. Location, height and material of proposed screening and fencing (with berms to be
delineated by one foot contours);
6. Locations and dimensions of proposed landscape buffer strips, including watercourse
buffer strips;
7. Complete landscape legend providing a description of plant materials shown on the plan, including typical symbols, names (common and botanical name), locations, quantities,
container or caliper sizes at installation, heights, spread and spacing. The location and
type of all existing trees on the lot over six inches in caliper must be specifically indicated;
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8. Complete illustration of landscaping and screening to be provided in or near off-street
parking and loading areas, including information as to the amount (in square feet) of
landscape area to be provided internal to parking areas and the number and location of
required off-street parking and loading spaces;
9. An indication of how existing healthy trees (if any) are to be retained and protected from
damage during construction;
10. Size, height, location and material of proposed seating, lighting, planters, sculptures,
and water features;
11. A description of proposed watering methods;
12. Location of street vision triangles on the lot (if applicable);
13. Tabulation of "points" earned by the plan (see section 38.550.060);
1314. Designated snow removal storage areas;
1415. Location of pavement, curbs, sidewalks and gutters;
1516. Show location of existing and/or proposed drainage facilities which are to be used for drainage control;
1617. Existing and proposed grade;
1718. Size of plantings at the time of installation and at maturity;
1819. Areas to be irrigated;
1920. Planting plan for watercourse buffers, per section 38.410.100, if not previously provided through subdivision review; and
2021. Front and side elevations of buildings, fences and walls with height dimensions if not
otherwise provided by the application. Show open stairways and other projections from
exterior building walls.
Section 2
That section 38.330.010 of the Bozeman Municipal Code be amended as follows with the
remainder of the section to remain as existing and to be renumbered as needed.:
. . .
F. Landscaping requirements must be the same as the portion of the B-3 district outside the
defined core area as shown in section 38.550.060, Table 38.550.060-1.
. . .
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Section 3
That section 38.550.040 of the Bozeman Municipal Code be amended as follows:
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.
Section 4
That section 38.550.050 of the Bozeman Municipal Code be amended as follows:
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.
B. Drought tolerant species required. A landscape plan must provide 75 percent or greater of the
proposed trees and shrubs as drought tolerant species as defined in the latest edition of the
Montana Nursery and Landscape Association’s Drought Tolerants Plants for the Montana Landscape or on a list adopted by the City of drought tolerant species for purposes of this section .
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;
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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 subsection must be continuous and may be not less than four feet in
width unless a different width is specified in 38.510.030; and
(4) Screening 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.
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 70 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.
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;
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(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. No landscape area may be less than 2 feet wide.
(4) All parking lots under this subsection must include at least one large canopy or
non-canopy tree.
(5) Individual internal parking lot landscaping areas with minimum dimensions of 6
feet by 16 feet must include large canopy or non-canopy tree(s).
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 are subject to 38.520.070 and 38.540.080.B 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.
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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.
4. Montana Department of Transportation (MDT) review and approval of street frontage landscaping for areas of a project included within or adjacent to rights-of-way subject to
MDT jurisdiction must be demonstrated at time of landscape plan submittal to the city.
When MDT, in writing, denies street frontage landscaping required by this section the
applicant must propose and the director may approve an alternative street frontage
landscaping through a departure.
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.
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
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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 with residential adjacency. All landscape plans must include, for each
setback with a residential adjacency, at least one canopy or non-canopy tree for each 50 lineal
feet of the adjacent area.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. When the City verifies it is
not possible to meet minimum separation distance from utilities tree or large vegetation is not required.
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.
M. Planned Unit Development Open Spaces. Planned Unit Development non-site-specific open
space plans must meet or exceed the standards of these landscaping regulations. For each
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5,000 square feet of total landscape open space area between 5,000 and 25,000 square feet
and for each 10,00 of total landscape areas in excess of 25,000 a landscape plan must include
three of the elements in table 38.550.050-1 from each column A and B unless the review
authority grants a relaxation. When the preceeding calculation results in a fraction the amount of landscaping required is rounded up to the next whole number.
Table 38.550.050-1
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
Section 5
That section 38.550.090 of the Bozeman Municipal Code be amended as follows:
Sec. 38.550.090 – Lanscaping Completion.
All Landscaping must be completed or secured in accordance with the provisions of
division 38.270 of this chapter. The applicant must demonstrate satisfactory establishment of all
seeded areas or guarantee establishment for a minimum two year period following occupancy.
Section 6
That section 38.550.060 of the Bozeman Municipal Code be repealed and the section
reserved:
Sec. 38.550.060. - Landscape performance standards.
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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
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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:
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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;
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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.
Section 7
That section 38.230.070 of the Bozeman Municipal Code be amended as follows with all
other elements to remain as presently existing:
Sec. 38.230.070. - Sketch plan review.
A. Sketch plan submittal requirements.
1. Certain independent development applications proposals (i.e., not in conjunction with other development) are required to submit only sketch plans which include the
information specified in section 38.220.110.
2. Separate construction plans are necessary for building permits when the proposal requires
such permits. Additional information is also necessary when the proposal requires the
issuance of a certificate of appropriateness (see sections 38.230.080 and 38.220.090).
3. Examples of independent projects which qualify for sketch plan review are:
a. Individual single-household including manufactured homes on individual lots.
b. Adding one dwelling on an infill site.
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c. Two-household, three-household, and four-household residential units, each on
individual lots and independent of other site development.
d. Accessory dwelling units in the RS, R-1, R-2, R-3 and R-4, R-O, and R-5
districts when a permitted use in Table 38.360.040.
e. Group living for eight or fewer persons on a single lot.
fe. Fences; signs in compliance with the requirements of this chapter.
gf. Regulated activities in areas with regulated wetlands not in conjunction with a land
development proposal.
hg. Grading of sites disturbing more than one-eighth but less than one-half acre, or movement of more than 30 but less than 100 cubic yards of material, or cut or fill of
less than one cumulative foot, whichever is less; special temporary uses.
ih. Reuse, change in use, or further development of sites per section 38.230.150,
essential services Type II primarily underground with no above ground structures
larger than 125 square feet; and accessory structures associated with these uses.
Other similar projects may be determined by the community development director
to require only sketch plan review. The community development director may
determine submittal requirements in addition to those in section 38.220.110.
Projects which do not require sketch plan review may still require review and
permitting for non-zoning issues.
Section 8
That table 38.310.040.A of the Bozeman Municipal Code be amended as follows with all
other elements to remain as presently existing:
Table 38.310.040.A
Permitted general sales uses in commercial, mixed-use, and industrial zoning districts
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI B-
1 1
B-
2
B-
2M
B-
3
UMU
(38.310.050)
REMU
(38.310.060)
NEHMU
2 BP M-
1
M-
2
General sales
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Automobile, boat or
recreational vehicle
sales, service and/or
rental
— — — — — — P — P P —
Section 9
That section 38.360.130 of the Bozeman Municipal Code be amended as follows with all
other elements to remain as presently existing:
. . .
B. Density.
1. The density of residents in a group living use is limited to generally approximate and correspond with the density limits that apply to other types of housing in residential zoning districts. Limiting density addresses areas of legitimate public concern and the
purposes of zoning as established by the state legislature and adopted locally in section
38.100.040.
2. For the purpose of these regulations, "residents" include all people living at the site, including children; except that people who provide support services, building maintenance, care, and supervision, are not considered residents.
3. Group living use requires the following area of land within the site for each resident.
District Name Minimum Area Required per Resident in Square Feet
REMU, R-4, R-5 and
R-O 602
RS and R-1 1,000 10,890 unlessotherwise approved through a planned unit
development
R1 and RMH 1250
R-2, and R-3,R-5, RMH 750
. . .
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Section 10
That section 38.540.050 of the Bozeman Municipal Code be amended as follows with all
other elements to remain as presently existing:
. . .
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 2.5 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 2.5 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
. . .
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Section 11
That section 38.700.140 of the Bozeman Municipal Code be amended as follows with all
other elements to remain as presently existing:
Open sales (or rental) lot. Any land used or occupied for the purpose of buying, selling or renting
for use away from the premises, any goods, materials or merchandise, and for the exterior storing
of same prior to sale or rental.
Section 12
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 13
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full
force and effect.
Section 14
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
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Section 15
Codification.
This Ordinance shall be codified as indicated in Sections 1-10.
Section 16
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 28th day of October, 2019.
____________________________________ CYNTHIA L. ANDRUS Mayor
ATTEST:
____________________________________
ROBIN CROUGH
City Clerk
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FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2019. The effective date of this ordinance is ______________, 2019.
_________________________________ CYNTHIA L. ANDRUS Mayor
ATTEST:
_________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
388