HomeMy WebLinkAbout11-18-19 City Commission Packet Materials - CII1. Ord 2029 Final, Revising Chapter 38 of the UDC for High Quality Urban Approach1
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development
SUBJECT: Final 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 19403.
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: November 18, 2019
AGENDA ITEM TYPE: Consent (legislative)
RECOMMENDATION: Meets standards for approval.
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 Commission provisionally approved the ordinance on October 28, 2019. The packet materials
for the October 28th meeting are available at http://weblink.bozeman.net/WebLink8/0/doc/198038/Electronic.aspx and include descriptions of the
individual changes.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: None
Attachments: Ordinance 2029
Commission Memorandum
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Report compiled on November 4, 2019
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Page 1 of 19
ORDINANCE NO. 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;
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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 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 three four feet to the back of the curb or edging
equivalent 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:
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(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. 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
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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.
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.
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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 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 AND NO OTHER
ARRANGEMENT CAN BE APPROVED, SUCH 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.
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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
5,000 square feet of total landscape open space area between 5,000 and 25,000 square feet
and for each 10,000 square feet of total landscape areas in excess of 25,000 square feet 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.
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b. Adding one dwelling on an infill site.
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
. . .
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
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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.
Section 15
Codification.
This Ordinance shall be codified as indicated in Sections 1-10.
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Section 16
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 28th day of October, 2019.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
ROBIN CROUGH
City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 18th day of
November, 2019. The effective date of this ordinance is December 18, 2019.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney
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