HomeMy WebLinkAbout19- Ordinance 2029 Amending Chapter 38 to Improve Consistency in Application of Standards 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.
Page 1 of 19
Ordinance 2029,Amending Chapter 38 of the Bozeman Municipal Code to Improve Consistency in Application of Standards
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 3 8.23 0 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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Ordinance 2029,Amending Chapter 38 of the Bozeman Municipal Code to Improve Consistency in Application of Standards
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 39.550.060);
13474. Designated snow removal storage areas;
144-5. Location of pavement, curbs, sidewalks and gutters;
154-6. Show location of existing and/or proposed drainage facilities which are to be used
for drainage control;
164-7. Existing and proposed grade;
174-9. Size of plantings at the time of installation and at maturity;
184-9. Areas to be irrigated;
1920. Planting plan for watercourse buffers, per section 38.410.100, if not previously
provided through subdivision review; and
2024. 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. handseaping fequir-ements must be the same as the poi4ion of the B 3 distriet outside the
deed eore—areaasshownin see4ien 38.550.060, Table38.550.060
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Ordinance 2029,Amending Chapter 38 of the Bozeman Municipal Code to Improve Consistency in Application of Standards
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.
G. In addition, all landseape plans must eam a minimum number of points as speeified in see4io
3 8.550.060.Points are awarded for speeffied lafidseape featu-res and elemepAs based upon thei
felative value or-mer-it. The alternatives for aehieving the minimtim points needed for approval
are idea ; o,.tio 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. 4ddiflonal seree nients. The site plan or othef approval authority may requi
additional sereening when it is determined to be in the best interest of the aff-eeted propet4ies-.
Sueh additional sereening may be required between existing and/or ftAure:
I. One household and multi household developmeRts or apaftmepA buildings-,
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Ordinance 2029,Amending Chapter 38 of the Bozeman Municipal Code to bnprove Consistency in Application of Standards
2. 4ulfi household and multi household developments or apartment buildings-,
3. Residential and non residential uses; or
4. Non residential usesJiff- rin ,.>1af +o,.and/of ipAors;+„
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 let,, hiehever;s ap lie ble,must
be landscaped in accordance with this subsection C.2_ whieh dese ibex lands,.
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,
exeept i r,r , and M 2 distr-iets, must be screened from the public street; and
(3) The screening required under:ubseotions C.2.a.('�d (2)e this subsection
must be continuous and e 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 r-feet to the back of the curb or edging
equivalent paved p,,Aie ff Rhe p—a-lKing 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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Ordinance 2029,Amending Chapter 38 of the Bozeman Municipal Code to Improve Consistency in Application of Standards
(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).
one-above standax-ds afe miniamm mandatory standai The pr-ovisions of seet o
D. Screening of off-street loading spaces.
1. All off-street loading spaces are subject to 38.520.070 and 38.540.080.B ^„ ft l^+ with
be s ,,,,,„oa f all p„bhe streets .,,1;.,eent t that let.
3. The screening required tmder- subseetions D.I and 2 of this seetion must be at least
f o i height-.
ght
E. Street frontage landscaping required.
I. 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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Ordinance 2029,Amending Chapter 38 of the Bozeman Municipal Code to Improve Consistency in Application of Standards
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 mayqpprove 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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Ordinance 2029,Amending Chapter 38 of the Bozeman Municipal Code to Improve Consistency in Application of Standards
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 ad
tacenc . 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.ef the perfa.m,nee standards ; eet r 38.550.060.B that „
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 fmish 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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Ordinance 2029,Amending Chapter 38 of the Bozeman Municipal Code to Improve Consistency in Application of Standards
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 � , Coluirin B �^
i 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 oceppancy.
Section 6
That section 38.550.060 of the Bozeman Municipal Code be repealed and the section
reserved:
Se-c-38.550 060 r .,,,dsoape rer-f,.,,-a-nee st.,,,aafds
Page 9 of 19
Ordinance 2029,Amending Chapter 38 of the Bozeman Municipal Code to Improve Consistency in Application of Standards
landseape plans must earn a minimum numbef of points as speeified in this seetion.Points are
awafded fef speeified landscape features and elements based upon theif Felative vahte or-merit.
1 The minimum ,v 1,er f points needed for-1.,,,,1seape plan approval by zoning ,i;s+r;,.+;
z.
as follows:ollor.
Table 38.550.060 1
} ORInw
i
I
t z4 �nn�
A 11 .1;
B4 4-8 4-5
�7 �7
P D site p ,,, 2-3 4-5
Residential PUD non site speeifie open spaee
plans must meet or exceed the standards of these
1 „,isea ng regulations, ,,loss . > f e 4-5 45
mlfflEatien has been grwAed
Comm@reial PT�site-speeifie open spaee
plans must meet or-exeeed the standards of these 2-3 4-5
r-elfflcation has been granted
mandatory sethaek landseaping through a eombination of one of mofe of the meth
provided for in subseetions > >
to meet the r-equifements of this seeti
Page 10 of 19
Ordinance 2029,Amending Chapter 38 of the Bozeman Municipal Code to Improve Consistency in Application of Standards
multi ly suppoAive of design quality and be plaeed so as to allow the healthy developfflefit,
f maturing vegetation.
1. Points may be eamed for use of cefccnn vegetation-types'ii-o-follows:
area of the selbaek with drought tolerant speeies of her-baeeous perennials,
gfasses aecepting of maintenanee by annual mewing and limited irrigatieft"
than 50 pereent and less than 75 pereent of the number of trees and sh+ubs-;
e. Five points are awarded for-the installation E)f dre:ught toleraftt speeies f6f 75 per-oepA
or greatef of the number of trees and slitub ; and
d. One poirA will be awarded for each mattff e tree existing on site over six inches in
ealipef whieh is pfesefved by the proposed design of the site development. in or
to utilize this stibseetion,the tFee must have remaining life ex-peetaney of at least 2-0
years and be proteeted from damage dufing eonstmetion. Caliper �A411 be measul!e
at one foot above gfad7e-;
2. live points Pe-r sett ek (up to ][ points „ „,) a e- awarded .,.he the 1.,,,,1seape-,l
one of more of the
�7
>
piapA elemepAs in both-••�alumnrA and B in the following Table 3 9.5 5(l.nv 060 2!.
Table 38.550.060 7
1 l—,e . y tree- Z evergreen shrubs and 3 ,le-,,;,l, ous s1,,dbs
+,e-e-S 7 large- evergreen trees
6 evergreen shfu -s
I
i
6 deei , ous sluubs-
a. The required plant elements from columms A and B in Table 39.550.060 2 may
afranged in any eombination meeting the quantity fequifemepAs of this subseetion B.
3. in the ease of a lot with residepAial adj aeeney only,eight poipAs a-re awarded for providing
with the follovAng:
Page 11 of 19
Ordinance 2029,Amending Chapter 38 of the Bozeman Municipal Code to Improve Consistency in Application of Standards
height;a-. The sereening must be of natural vegetation at least six feet in
b. The sereening must extend along the entire length of the portion of the landseap
sccvcs '.wireF@-uTcsid.,.itrai-adj-ac@n£y-exists, exc-lusrre vr.
(1) Pub lie street ft,,„+age-,
(2) Drive aisles and aceess ways at points of ingress and egress to the lot; and
(3) —atfeet vision triangle-s;
.
05
to .,ln
d. if sereem*ng is provided by an eaAhen berm or evergfeen plant materials-,--the
following ing additional l regulations
0 gulat o ten .,,amply
1
high,An earthen berm must be planted with gFoundeover. The eartlien befm may not
have a slope that exeeeds one foot of rise for eaoh two feet of rtm and must be at le
four feet
tr4angle height limitations-.
(2)E vefg-feen plant materials must:
hl Be 1.,eate,l ; ., bed that is at loan++hroo feet wide;
(e) Pfevide a visual bar-fier of the required height within thfee years of their-initial
(b) Be plaeed a maximum of 4 8 inehes on eenter over the entire length of the bed
pereent of-the building perimeter-, exelusive of entries, are provided.
5. T-lifee points (up to five nine nifficinutm) is awarded when the landseaped r-oof 4. Two points may be awarded when ��dafion plantings obseur-ing not less than 70
for eaeh 500 square feet of landseaped r-oof-, one or more of the plant elements in both
eolumns A and B of Table 38.550.060 2. In order-to qua4ify, a landseaped r-oof must meet
all requirements of this ehapter-, ineluding at least 75 pereent eover-age with
vegetation and permanent iffigation.
G. Xgn vegetative speeialftatupes.
I. A mminium of eight points may be awarded when a site is gr-aded anWor- temeed
utilizing natufal stone or pfefabr-ioated deeor-ati I retaining wall matefial as
dfystaek or mortar ed wall. In order to qualify for the points available in this seetion the
,11 portion niust:
a. Be five pereent of the length of the total perimeter of the lot or ai4ifieial lot for-e
two points to be awarded--,
b. Have a vertieal faee surfaee of at least one foot along the length of the afea to -
e6i1-si' eic for--slinsc.ctr6tY-lTirvrthis seetion;
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Ordinance 2029,Amending Chapter 38 of the Bozeman Municipal Code to Improve Consistency in Application of Standards
d. Be eemplemeritary to the overall gFading of the site and the aetivities
ar-ohiteetufe eentained on the site.
e. One poiiA is awat!ded foF eaeh stone boulder not smalleF than three feet in diam
e. Be integrated with othet!landscaping materials and grading on the site; a
original,2. One point is awarded for eaeh nine eubio feet of ffeestandifig,
plazas, permane
soulpture whieh is iRlegrated with other landseaping, up to a maximum of eight poin
eouFtyards,
walkways, covere
f6tinfains, seating afeas,and outdoor Feereation f4eilities,
eight points. The lot area must meet pedestfian ofiented spaee design er-itefia set f0tth-fin
oetio,, 38.520.060.D.
D. Parking lot a -s .,-inn
1. Ten points afe awarded when all surfdee parking lots, as defined in seetion 39.700.170-
of this ehapter on the building site or artifieial > >
are landsoap
in awor-danee with this subseetion D in addition to that landseaping required in seet
38.5 0:
seetion at an a-,,erage density of one group,plus an additional one lafge eanopy tr
,,ithi, 20 feet of the ran-king l + for eaeh required 16 par-king s ,, a
b. No r-equifed parking spaee may be laeated move than 70 feet ffam the trunk of-a
iafge eanopy 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. Certainndepdn 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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Ordinance 2029,Amending Chapter 38 of the Bozeman Municipal Code to Improve Consistency in Application of Standards
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 livingfor or eight or fewer persons on a single lot.
f€. Fences; signs in compliance with the requirements of this chapter.
g€ 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 3 8.310.040.A
Permitted general sales uses in commercial,mixed-use, and industrial zoning districts
Zoning Districts
.Commercial ;� �� `°� M.�xe�IT�e ' 1�dustrxal
Uses .
B B B B UMiT IZEMV NEHMIT�BP'
(38 310 051) (38 "I" Q60)a 1
General sales
Page 14 of 19
Ordinance 2029,Amending Chapter 38 of the Bozeman Municipal Code to Improve Consistency in Application of Standards
Automobile, boat oif
,•eereationa ,got„ to
P P
n
serviee rat,,,.
— — — — — — $ —
I
rental
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.
Distr>ctTame Mlmum Area Req�ured laer Resident m Square feet
1 M
REMU, R-4,�5-and 602
R-O
---- , ,,,,toss,.+t,o,.,,,;so „ ,t +r,r,,,,�,r, aplanned„r;+
RS and R-1 1,000 i nQon rrro ,o
development
_. IR t .,,-,.a A T\RTC 42-50
I
R-21and R-3,R-5,RMH 750
i
Page 15 of 19
Ordinance 2029,Amending Chapter 38 of the Bozeman Municipal Code to Improve Consistency in Application of Standards
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 Minimum Bicycle Parking Spaces
Required Required
Residential 1 per unit 1 per unit 4
Commercial
2 per 1,000 square feet of gross 1 per 1,000 square feet of gross
floor area floor area
Restaurant
(stand alone) 5 per 1,000 square feet of gross -5 2.5 per 1,000 square feet of
floor area gross floor area
Hotels,Motels 0.8 per guest room 2 per 5,000 square feet of gross
floor area
Arts and/or Entertainment 5 per 1,000 square feet of gross -5 2_5 per 1,000 square feet of
Center floor area gross floor area
Manufacturing 2 per 1,000 square feet of gross 2 per 5,000 square feet of gross
floor area 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. Aqy land used or ooeupied for the pwTose of buying, selling or renting
for-use away ftom the premises, any goods, materials or merehandise, and for the exterior stor-i
Page 16 of 19
Ordinance 2029,Amending Chapter 38 of the Bozeman municipal Code to Improve Consistency in Application of Standards
of same prior-to sale -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.
Page 17 of 19
Ordinance 2029,Amending Chapter 38 of the Bozeman Municipal Code to Improve Consistency in Application of Standards
Section 16
Effective Date.
This ordinance shall be in full force and effect thirty(30) days after final adoption.
Page 18of19
Ordinance 2029,Amending Chapter 38 of the Bozeman Municipal Code to Improve Consistency in Application of Standards
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 281h day of October, 2019.
THIA L.ANDRUS
fayor
ATTEST: oo
•
R B CROUGH * `'
City Clerk �f j. �• •• o�
1
��TIN CO•� •
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 18"' day of
November, 2019. The effective date of this ordinance is December 18,2019
YNTI1fA L.A DRUS
Mayor
ATTEST:
0�•B O Z�,C'{A'�
ROBIN CROUGH t • -'� _ r' •
City Clerk
83
•�10�'� APPROVED AS TO FORM:
GRE ULLIVAN
City Attorney
Page 19 of 19