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HomeMy WebLinkAboutOrdinance 06- 1670 Amending BMC by adding provisions to Title 18 to integrate independent Board of Adjustment, adding to purposes of Title 18, and revising noticing requirements for initial zoning ORDINANCE NO. 1670 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING PROVISIONS TO TITLE 18 TO INTEGRATE AN INDEPENDENT BOARD OF ADJUSTMENT, ADDING TO THE PURPOSES OF TITLE 18,AND REVISING NOTICING REQUIREMENTS ];'OR INITIAL ZONING. WHEREAS, on October 22,2001, the City Comnllssion adopted Resolution No. 3486, adopting the Bozeman 2020 Community Plan, a growth policy in comphance with TItle 76, Chapter 1, Pmi 6, MCA; and WHEREAS, Title 18, Unified Development Ordmance was finally adopted by Ordmance 1604 on November 24, 2003; and WHEREAS, Ordinance 1604 assigned the duties of a Board of Adjustment, as described in Sections 76-2-321 ct. seq. MCA, to the CIty Commission; and WIlEREAS, the CIty CommIsSion IdentIfied that the publiC mterest may be better served With an mdepcndent Board of Adjustment and therefore directed the preparatIOn of amendments to Title 18, BMC to establish and mcorporate an independent Board of Adjustment; and WHEREAS, It also deSIred to Include amcndments regardmg aVOIdance of nuisances and amendmcnt to notIcing rcquirements for initIal ZOl11ng 111 conjunction with annexatIOn; and WHEREAS, after required public notIce the Zoning Commission held a puhhc hearing on the amcndments on July 18, 2006 and provided theIr recOInmendatlOn regarding the amendments to the CIty CommIssion; and WIIEREAS, after reqUIred publIc notice the City Commission held a puhlic hearing on August 7, 2006 to consH1er the formal amendments to the lJDO, and continued the hearing to August 14,2006; and WHEREAS, the City Commission conducted a publIC hearing on August 14,2006 to consIder the fonnal amendments to thc UDO; and WHEREAS, the CommIsSIOn found the amendmcnts to TItle 18, Unified Development Ordmance, would create a supcrior ordinancc for the benefIt of the citizens of Bozeman; NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Section 1 That Chapter 18.()2, General Provisions, Bozeman Municipal Code be replaced in its entirety by a new Chapter 18.02 and that the newly rcvised Chapter 18.02 shall read as follows: See Exhibit A Seetion 2 That Chapter 18.34, Site Plan Review, Bozeman Municipal Code be replaced in its entirety by a new Chapter 18.34 and that the newly revised Chapter 18.34 shall read as follows: Sec Exhibit B Section 3 That Chapter 18.62, Development Review Committee (DRC), Design Review Board (DRB), Administrative Design Review Staff (ADR), and Wetlands Review Board (WRB), Bozeman Municipal Code be replaced in its entirety by a new Chapter 18.62 and that the newly revised Chapter 18.62 shall read as follows: See Exhibit C Section 4 That Chapter 18.64, Administration, Fees and Penalties, Bozeman Municipal Code be replaced in its entirety by a new Chapter 18.64 and that the newly revised Chapter 18.64 shall read as follows: See Exhihit 0 Section 5 That Chapter 18.66, Appeals, Deviations and Variance Procedures, Bozeman Municipal Code be replaced in its entirety by a new Chaptcr 18.66 ffild that the newly revised Chapter 18.66 shall read as follows: See Exhibit E Section 6 That Chapter 18.76, Noticing, Bozeman Municipal Code be replaced in its entirety by a new Chapter 18.76 and that the newly revised Chapter 18.76 shall read as follows: See Exhibit F Seetion 7 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code m'!d paits thereof in conflict herewith arc hercby repealecl. Section 8 Seyerability. If any provisions ofthis ordinance or the application thereofto any person or circumstances is hele! invalid, sLlch invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be severable. Section 9 Savings Provision. This ordinance does not affect the rights or duties that matured, penalties and assessments that were incurred, approved and permitted projects, or legal proceedings that began before the effective date of this ordinance. Section 1 () Effe(~tive Date. This ordinance shall be in full force and effect Novembcr 1, 2006. PROVISIONALLY ADOPTED by the City Commission oCthe City of Bozeman, Montana, on first reacting, at a regular session thereof helel on the 14th day of August, 2006. FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thcrcofheld on the 28th day of August, 2006. IU~~~ USS, Mayor ATTEST: - 3 - - to' - gmOnv Al~;) ~~cn "frlnYd cfyJf/F.r.-I..I/mc.....C7~.. ... .7t.~-- ( );) ..../c 1/>;/ ,/ ./ L :WClOd 01 SV G3AOClddV >P8t) "\1 !:) J.,ONtllNC).1-11JCl8 ------ "...~,".- ..,,- Exhibit A CHAPTER 18.02 GENERAL PROVISIONS 15.02.D1D CITATION This title shall be known and cited as the Unified Development Crrdinance of the Ciry of Bozeman, except when cited herein, where it shall be referred to as "this title." 1$.02.020 AUTHORITY This title is adapted by authority of X76-2-301 et seq., X76-3-1.01 et seq. and ~7-3-701 et seq., MCA. Additional Cary authority is granted by various other sections of state law and the authority granted by those sections is incorporated as if set forth herein. 18.02.030 JURISDICTIONAL AREA AND APPLICATION 'I"lnesc regulations govern. the division, d.evelapment and. tcse of land within the limits of the City of Bozeman and lands proposed for annexation to the City of Bozeman. These regulations shall apply to all private and public lands, all uses thereon, and all structures and buildings over which the City has jurisdiction under the constitution and laws of the State of Montana ar pursuant to the City's powers. 18.02.D4D INTENT AND PURPOSE OF ORDINANCE A. The intent of this unified development ordinance is to protect the public health, safety and general welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use, and developrxaent identified in the United States and State of Montana constitutions, and statutory and comrncan law; to implerrrent the City's adopted growth policy; and to meet the requirements of state law. I3. It is the purpose of these regulations to promote the public health, safety and general welfare by 1.~~;eventu~f;.. tl~ae..._urc;ato~x.,c7f_.~rivate._c?r p~.blc.....riltisartces___ca~~se,c~, k~~_'...._nc~~~wcc>txipliance...__wirh _the st~nd~rcls azrG~...,.pxc>cccftrt-es Uf tlris t~t1e.; regulating the subdivision, development acid use of land; to prevent the overcrowding of land; to lessen congestion in the streets and highways; to provide adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public improvements; to require development in harmony with the natural environment; to prampte preservation of open space; to promote development approaches that nunirrrize casts to local citizens and that promote the effective and efficient provision of public services; to protect the rights of property owners; to require uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey, secure safety from fire, panic arxd other dangexs; to avoid undue cancerrtration of population; to facilitate the adequate provision of transportation, water, sewerage, schools and other public requirements; to give reasonable consideration in the review of development proposals to the character of the district and its peculiar suitability far particular uses; to conserve the value of buildings; and to encourage the most appropriate use of land throughout the municipality. (§76-2-304 and X76-3-10Z, MCA). G Further, to support the purposes of X76-Z-304 and ~7b-3-102, MCA, these regulations are intended to promote and to provide for the: 1. Orderly development of the City; 2. Coordination o£ streets within subdivided land with other streets and roads, both. existing and planned; 3. Dedication of land for streets and. roadways and for public utility easements; 4. Improverrrent of struts; 02-1 5. Adequate open spaces for travel, light, air and recreation; 6. Adequate transportation, water, drainage and sanitatyfacilities; 7. Avoidance or minimization of congestiota; 8. Avoidance of unnecessary environmental degradation; 9. Encouragement of subdivision development iua hamlany with the natural environment; 10. Avoidance of danger or injury to health, safety ar general welfare by reason of natural ha'rard or the lack of water, sewer, drainage, access, transportation or other public services; 11. Avoidance of excessive expenditure of public funds for the provision of public services; 12. Manner and form of making and filing of plats for subdivided lands; 13. Administration of these regulations, by defining the powers and the duties of approving authorities, including procedures for the review and approval of all subdivision plats; 14. Division of the City into districts with uniformly applicable standards for development within each district; 15. To establish standards for the development and use of land; 16. To establish procedures for the review and approval for the development and use of land; and 17. The establishment of all other requirements necessary to meet the pu.tposes of this title. D. Pursuant to X76-2-304, X76-1-605 and X76-1-6Q6, MCA, these regulations are also intended to uupletnent the goals and objectives of the 13azetnan X020 Gatnmunity flan, a growth policy for the C'.ity of Bazetnan. In the case of a difference of meaning or implication between this title and the Cats adopted growth policy, the growth palicyshall control. 18.02.050 INTERPRETATION AS MINIMUM REQUIREMENTS A. In their intetpretaraon and application, the provisions of this title shall be held to be minimum regtiru~ments adapted for the promotion of the health, safety and general welfat-e of the conununity. In some uistances the public interest will be best served when such tTrinirnurns are exceeded. Wherever the requirements of this title are at variance with the requirements of any other lawfully adapted miles or regulations, or wherever there is an internal conflict within this title, the most restrictive requirements, or that imposing the higher standards, shall govenl. B. In the case of a difference of meaning ot- implication between the text of this title and the captions or headuags for each section, the text shall control. C;. When interpreting the meaning of this title, subsections of the ordinance shall be construed in a manner that will give effect to them. all as the ordinance derives its meaning from the entire body of text taken together. D. These regulations shall apply uniformly within each coning district to each class ar kind of stnrcture, land or development as set forth in this title. 18.02.060 DONATIONS OR GRANTS TO PUBLIC CONSIDERED A GRANT TO DONEE Every donation ar grant to the public or to any person, society or corporation marked ar Hated on a plat or plan is to be considered a grant to the donee. 18,02.070 CONDITIONS OF APPROVAL A. Regulation of the subdivision and development of land, and. the attachment of reasonable conditions to land subdivided or developed, or a use undertaken, is an exercise of valid police 02-2 power delegated by the State of Montana to the Caty. Persons undertaking the subdivision, development or use of land have the duty of complying with .reasonable conditions for design, dedication, improvement and. restrictive use of the land. so as to conform to the physical and economic development of the City, and to the safety and general welfare of the future lot owners anal of the community at large. Such conditions may require compliance with more than the minimum standards established by this title. B. Conditions of approval may not be added after final action to grant preliminary approval to a proposed subdivision or other development unless: 1. The conditions are necessary to correct inaccurate or u7cornplete information provided with an application, which error is discovered after the original approval action; and 2. 'The project is not completed within the time period provided in the approval or by this title. However, should the owner seek material modifications (e.g. changes to the intent, nature, or scope of a subdivision or development, oz- necessary improvements) to a previously approved subdivision, development or condition of approval, the entire application shall be considered to be agaui opened for review and additional conditions zx~ay be applied. Modifications of conditions of approval shall be reviewed through the same process as the original application. Final action u--cludes the resolution of any appeals. The provisions of ~18.06.040.D.7 zx~ay also apply to revisions of conditions for preliminary plats. C: Mandatory compliance with the explicit terms of this title does not constitute conditions of approval and is not affected by the linutations of subsection B of this section. 18A2.080 COMPLIANCE WITH REGULATIONS REQUIRED A. No land shall hereafter be subdivided, used or occupied, and. no building, structure or pant thereof shall hereafter be erected, constnzeted, reconstntcted, moved or struct<zrally altered, and no development shall commence unless it is in conformity with all of the regulatiatxs herein specified for the district in which it is located. B. To the extent reasonable, all Cityowned land shall be subject to applicable regulations of the underlying zozzuzg district. Development of such land shall be subject to approval by the City Commission upoz-~ review of the development review committee and other review bodies as may be required by this title. 18.02.090 DEVELOPMENTS THAT LIE WITHIN MULTIPLE JURISDICTIONS If a proposed development lies partly within the City of Bozeman and partly within unincorporated Gallatin County, the proposed developzx-ent roust be submitted to and approved by bath the City and. Gallatin County. 18.02.100 PRIVATE RESTRICTIONS This title is not intended to affect any existing private agreement or condition such as a deed restriction ar covenant. If any provision of this title is mare restrictive or imposes a higher standard than any such private restriction, the requirements of this title shall control. Where the previsions of any private restriction are more restrictive or in:zpose higher standards than the provisions of this title, the City has no duty to enforce such private restrictions or advise of their existence. The Cary may enforce a private restriction if the City is a party to such covenant or restriction, if such restriction was required. by the City, ar if it was relied upon by the City during the land developzxzent process in ardor to meet the requirements ref this title or another required standard. The City may prohibit private restrictions that violate matters of law. Covenants are subject to the requirements of X18.72.030, BMC. 02-3 18.02.110 SEVEItASILITY Where any word, phrase, clause, sentence, paragraph, or section or other part of these regulations is held invalid by a court of competent jurisdiction by express inclusion in the decision to be invalid, such. judgment shall affect only that part held invalid and such decision shall not affect, impair ar nullify this title as a whole or any other part thereof. Insofar as these regulations are more restrictive than any other local law, these regulations shall be controlling, and if any other law is mare restrictive, the higher standard shall take precedence over a standard set forth in these regulations. 02-4 Exhibit S CHAPTER 18.34 SITE PLAN REVIEW 18.34.010 INTRODUCTION A. All non-subdivision development proposals within the City will be subject to plan review and approval. Depending on the complexity of development and status of proposed use in the applicable zoning district, either sketch plans, site plans or conditional use permits will, be required. as specified in this chapter, B. Special development proposals (e.g., PUDs, CUPS, variances, etc.) require other information to be submitted u1 conjunction with sketch plans or site plans and are subject to requirements specific to the type of proposal. These additional submittal requirements and review procedures are outlined in X18.34.030, BMC. C. When a development is proposed. within a neighborhood conservation or entryway corridor overlay district, or proposes signs which do not specifically conform to the requirements of this title, design review is required in conjunction with either sketch plan or site plan review. In such cases, additional submittal regt~irernents and review procedures apply as outlined in X18.78.090, BMC. D. Conditional Uses. Certain uses, while generally not suitable in a particular zoning district, may, under certain circLimstances, be acceptable. When such circumst<znces can be demonstrated to exist, a conditional use permit nay be granted by the .~3c7riA-c~.._c~f.._/1c~ijrtst~~crz~4:::qty-~~:rt~isy~i~c3r~.. Conditions may be applied to the issuance of the permit and periodic review may be required. No conditional ttse perrtut shall be granted for a use which is oat specifically designated as a conditional use in this title. E. Approval shall be granted for a particular use and not far a particular person or firm. F. This chapter is provided to meet the purposes of ~18.02.D40, BMC and all other relevant portions of this title. G. Applications subject to this chapter shall be reviewed under the authority established by Chapter 18.64, BMC. 18.34.020 CLASSIFICATION OF SITE PLANS A. All developments within the City, except individual sixrgle-household, two-household, thrce- hausehnld acid four-houselrald residential structures, each on individual lots, and other development. proposals specifically identified as requiring only sketch plan review, shall be. subject to site plan review procedures and criteria of this chapter and the applicable submittal requirements of Chapter 18.78, BMC. For the purposes of this title, site plans will be classified as either a rriaster site plan or a site plan. B. A master site plan is a generalized developrxrent plan that establishes building envelopes and overall entitlements for complex, large-scale projects that will require multiple years to reach completion. Use of a master site plan is an option and not required. A xxraster site plan involves one or more of the following: 1. C7ne hundred or more dwelling units in a multiple household structure ar structures; 2. Fifty thousand or mare square feet of office space, retail commercial space, service con-rmercial space or industrial space; 3. Multiple buildings located an multiple contiguous lots and/or contiguous City blacks; 4. Multiple owners; 34-1 5. Development phasing projected to extend beyond two years; or 6. Parl~ing for more than two-hundred vehicles. C. Any planned unit development shall be reviewed according to the regulations in C~'hapter 18.36, BMC, in addition to this chapter. D. Telecommunication .facilities shall be reviewed according to the regulations in Chapter 18.54, BN1Ch in addition to this chapter. E. Uses identified irz C~Zapter 18.40, BMC shall be reviewed according to the standards and regulations contained in Chapter 18.40, BN1C, in addition to this chapter 18.34.030 SPECIAL DEVELOPMENT PRC)POSALS - ADDITIONAL APPLICATION REQUIREMEN'T'S, REVIEW PROCEDURES AND REVIEW CRITERIA A. Applicatian_ Requirements. Applicatians foz- special development proposals (e.g. PUD, CUP, flood plain development permits, variances, etc.) shall include: 1. The required inforzrxation for site plans described in ~18.78.D90, BMC; 2. Any additional application information required for specific reviews as listed in the following chapters of this title: a. X18.36, Planned Uxut Development; b. X18.40, Standards for Specific Uses; c. X18.54, Telecommunications; d. X18.5$, Bozexxzarz Floodplain Regulations; and e. X18.66, Appeals, Deviations and Variance Procedures; B. Review I~rocedures and Review Criteria. Additional review procedures and review criteria for specific development proposals are defined in the following chapters of this title: 1. X18.34.100, CAnditional Use Procedure; 2. X18.36, Planned Unit Development; 3. X18.40, Standards for Specific Uses; 4. X18.54, Telecommunications; 5. X18.58, Bateman Floodplain Regulations; and 6. X1$.66, Appeals, Deviations and Variance Procedures. 18.34.040 REVIEW AUTHORITY A_ The City Comtnission,.,,.I~c7~rc~ of_ 1~1~just.rnc=nt and Planning Director kiave the review authority established. iarx X18.64.010, BMC. B. 'I"he Development Review Conunittee, Design Review Board, Administz~ative Design Review Staff, and Wetlands Review Board have the review aLitharity established in Chapter 18.62, BMC. C. Site Plan Design Review Thresholds. When a development is subject to design review and meets one or more of tlae following thresholds the Design Review Board shall have responsibility for conducting the design review. 1. Twenty or more dwelling units in a multiple household structure or structures; 2. Thirty thousand or rrzore square feet of office space, retail commercial space, service commercial space ar industrial space; 34-2 More than two buildings on one site for permitted office uses, pcrnnitted retail commercial uses, pemxitted sezvice commercial uses, permitted industrial uses or permitted cozxxbinatians of uses; q. Twenty thousand or more square feet of exterior storage of materials or goods; or 5. Parking foz- mare than sixty vehicles. 18.34.050 SKETCH PLAN REVIEW A. Sketch flan Submittal Require~~~ents. Certain independent development proposals (i.e., not in conjunction with other development) are required to submit only sketch plans meeting the requirements of X18.78.110, BMC. Separate construction plazas are necessary for building permits when the proposal requires such permits. Additional information is also necessary when the proposal z-equires the issuance of a certificate of appropriateness (see X1$.34.110 and X18.78.090, BMC.;) . Examples of independent projects which qualify far sketch plan review are: individual single-houUehold, two-household, three-household, and four-household residential units, each on individual lots; accessary dwelling uzxits in the R-2, R 3 and R 4 districts; manLifactured homes on ixdividual lots; fences; signs in compliance with the requirements of this title; regulated activities in areas with regulated wetlands not ux conjunction with a I<-znd development proposal; special temporary uses; and accessory strtictiires associated with these rises. Other similar projects may be d.eterrnined by the Planning Director to require only sketch plan review. The Planning Director shall determine all submittal requirements. B. sketch flan Review I'rocedu.res. 1. No Certificate, _of Aporopriateness Required. Sketch plans for projects which do oat require a certificate of appropriateness shall be submitted to the Planning Department staff for a determination of compliance with the requirements of this title. C)nce compliance is achieved, the application will. be approved for construction or referred to the appropriate perzxxitting authorities. 2. Certificate of ro riateness Re aired. Sketch plans, including the material required by X18.7$.090, BMC, and. such additional information as maybe required for projects which require a certificate of appropriateness as per X1$.34.1"10, BMCshall be submitted to the ADR staff, who shall review the proposal far compliance with this title, including compliance with the applicable overlay district requirements. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. Review and approval authority for sketch plans that require certificates of appropriateness shall rest with the DRB if the ADR staff consists of less than two members. C. Sketch Plan Review Critexia. Sketch plans shall be reviewed for compliance with all applicable requirements of this title ixcluding overlay district requirements and the cessation of any current violations of this title, exclusive of any legal nonconforming conditions. 18.34.060 APPLICATION OF SITE PLAN REVIEW PROCEDURES A. These procedures shall apply to all developments within the City except far development proposals specified. as requiring only sketch plan review. 34-3 B. The preliminary site plan shall be submtted and approved, and final site plan approval received, prior to the issuance of any building permit. C. No occupancy permits shall be issued for any development for which site plant review is required tittztil certification has been provided demazastrating that all terms and. conditions of site plan approval have been complied with. D. Unless a deviation or variance is explicitly sought and granted in association with a site plan, all standards of this title apply whether explicitly mentioned in the record of the review or nat. An omission or oversight of a nonconfarznity with the standards of this title iizt the site plan shall not constitute approval of such nonconformance. Any nonconformance which was not the subject of an explicitly approved deviation or variance may be required to be cured at such time the City becomes aware of the nonconforming condition's existence. E. In the event that the volume of site development applications submitted for review exceeds the ability of the City to process therrz simultaneously, preference in order of scheduling will be given to those. projects which provide the most affordable housing in excess of minimum requirements, as measured by the total number of affordable units. 18._i4.070 SITE PL..AN REVIEW PROCEDURES A. Completeness of Apnlicatiozi. 1. The Planning Depanment shall review the application within five working days to determine if the application is does not omit any of the submittal elements z-egziired by this title. If the application does not contain all of the required elements, the application, review fee and a written explanation of what the application is nussing shall be returned to the property owner or their representative. The five working day review period will be considered met if the letter is dated, signed and placed in the outgoutg mail within the five day review period. 2. After the application is deemed to contain the required. elements it shall be reviewed for completeness. A determination of completeness means the application contains all of the required elements in sufficient detail and accuracy to enable the applicable review agency to zr><~ke a deternnation that the application either does ar does not conform to the requirements of this title and any other applicable regulations under the jurisdiction of the Cary o£ Bozeman. The review for completeness shall be conducted by the appropriate agency with expertise ui the subject matter. The completeness review period shall begin on the next warldng day after the date that the Planning Department deterzxzines the application to contain all the required elements and shall be completed within not less than 15 working days. The 15 warkuig day review period will. be considered met if the letter is dated, signed anti placed in the outgoing mail within the 15 working day review period. If the application is incomplete, the application, review fee and a written explanation of why the application is incomplete will be returned to the property owner or their representative. A determination that an application is complete does not restrict the Cary front requesting additional inforzxzation during the site plan review process. Upon a determination of sufficiency the review of the development will be scheduled. 3. Should the property owner choose oat to provide the required information after an application has been found insufficient, nor to accept return of the application and accompanying fee, the application may be processed by the City with the recognition by the property owner that incompleteness is an adequate basis for denial of the appli.catiort regardless of other merit of the application. 34-4 4. The DRC zrzay grant reasonable waivers Pram submittal of application materials required by these regulations where it is found that these regulations allow a waiver to be requested and granted. If in the opinion of the final approval authority the waived materials are necessary for proper review of the development, the materials shall be provided before review is completed. 5. In order to be granted a waiver the applicant shall include with the submission of the preliminary site plan a written statement describing the requested waiver and the reasons upon which the request is based. The final approval body shall then consider each waiver at the tirxre the preliminary site plan is reviewed. All waivers must be identified not later than initial submttal of the preliminary site plan stage of review. $. Site plans shall be reviewed by the review bodies established by Chapter 1.8.62, $MC and according to the procedures established by this title. After review of the applicable submittal rxiateriaLs required by Chapter 18J8, $MC, and. upon recammendataon by the appropriate review approve~wrth condtiontseo ~d~en$y~the app r.rstnunt, or City Commission shall act to approve, lication subject to the appeal provisions of Chapter 18.66, $MC;. The basis for the Planning Dixectar's,___:I3,c;ta~cl„_,cal..,.~cj~jii5~~_zxeYt"s., or City Con-axrvssian's action shall be whether the application, including any required conditions, con-rplies with all the applicable standards and requirements of this title, including ~ 18.02.n50, $MC. 1. Site Plan. The Planning Director shall provide an opportunity for the public to comment upon development proposals. The duration of the initial conuxrerzt period shall be included in any notice required by Chapter 18.76, BMC. The comment period shall be from the date of tkre first consideration of tkze complete prelixa:xinary plan and strpplementary materials by the DRC unti15:00 pm on the third working day after DRC and other review bodies as maybe appropriate have taken action regarduig the proposal. a. The Planning Director, after receivutg the recomrxiendatinns of the I~RC,, ADR, DR$ or WRF3, shall act 'to approve, approve with, conditions or deny an application within ten working days of the close of the public comment period. The Planning Director's decision shall be izx writing and shall include any special conditions which are to be applied to the development. (]) After formal notice of a project review has been given, interested parties Wray request in writing to receive a copy o£ the director's decision regarding an application. I7ersans making such a request shall provide an addressed envelope for• use in delivering their copyof the decision. ' Site: 1:']arz ~~-itl~ T)~viati~ns..c7r V~~~:azac~:es-....anG3..._Cr;~.rlc~atc>~a;alw...X::1sc......I~exi~r~at_s__....=1'hc._.._~3<~a:~....c; _._, ~lcijust:nzet~t..,s,hal.l~roviclc an o oz~tutai. =..fot'__tht~uC~lic to coz_~rzaent u~.n._a,~z~~ros~.c~ rr7aster=srtc..pLrn.,_'l"1-ie; ~zadng_dace_c7f th.e co~nnxe~t_p~n<~~i shall bc. inclrtacd ztx ttie .natzcc r~zltil_~}~~~...clecisic~n..li:}~.L}l~m..~o:zrci v~ Ac:3jtiytrrYexit_. a,....._..__-__"l~re. I3c~~-~. „c.:~f m~.c.~lust~nent,.__a~fter..r~cev~af;.._tl7e r~G~nut~racj<~tic~t~s c:~f the I71~C~ l~l~h, I~I~I3 cat ~!Rki, Shall, aGt_to appr<a~t;~,a,l?I?x-c~vc~ r~~th cc~rx~.lzl;ac~~~y cyt:_cien,~~,an al?pl~,c.at~c~ra ']"he,l3t>artl..c~f, f1~~'t~.5t.n~r,nt's ~cc~.s~on..sh~ill_be.in wr~trr~, a~aa.sh.ill az~cluc~i~ any s,~jecial eozxditi.ons which az~._t~ L~e.~d to the._clev~].c~pn~en.t. ~-~~.. Master Site Ilan. The City Comunission shall provide an opportunity for the public to conurzent upon a proposed master site plan. The duration of the conamerrt period shall be included in any notice required. by Chapter I8.7b, BMC. The comment period shall be 34-5 frotn the date of the first consideration of the complete prelixzaixlary plan and supplementary materials by the DRC until the decision by the City Camrrlissian. a. The City Carruxtissian, after receiving the recommendations of the DRC, ADR, DRB ar WRB, shall act to approve, approve with conditions ar deny an application. The City Comrnission's decision shall be in writing and shall include any special conditions which aloe to be applied to the development. 18.34.080 APPLICATION FOR CONDI`I'IONAI, USE PERMIT - NOTICE REQUIREMENTS A. The person applying far a conditional use permit shall fill out and submit to the Planning Du-ectar the appropriate form with the required fee. The request far a conditional use permit shall follow the procedures and application requirements of this chapter. B. In consideration of all cond.it:ional Ilse permit applications, a public hearixtg shall be conducted by the 13oarcl.- v~ _~1.c~jtistl~zci7tC:~tyr -~~~r3apa1~lz~;sic~l~~. Notice of the ~c~ard._ c~f~Adiustrl~E,1~1.City ~c~tt3~xvssif~t~ public hearing shall be provided in accordance with Chapter 18.76, BMC. C. If a rezoning is required prior to approval of a conditional use permit, the application for rezoning and the conditional use permit may be filed and acted upon simultaneously, however the conditional use permit shall not be effective until zoning has been approved by the Ciry Commission. 18.34.090 SITE PLAN AND MASTER SITE PLAN REVIEW CRITERIA A. In consideruig applications for site plan approval under this title, the Planning Director,_I3~~u_cl ca~,,_,Ad~ustxx~ent, City C.onu~rlission, DRC, and when appropriate, the ADR staff, DRB ar WRB shall consider the fallowing: 1. Canforrnance to and consistency with the City~s adopted growtlx policy. 2. Conformance to this title, includuig the cessation of any current violations; 3. Conforlxtance with all other applicable laws, ordinances and regulations; 4. Kelationship of site plan elements to conditions bath on and off the property, including: a. Compatibility with, and sensitivity to, the immediate erxvironment of the site and the adjacent neighborhoods and other approved development relative to architectural design, building mass and height, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration.; b. Design and arrangerent of the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated. with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development; c. Design and. arrangement of elements of the site plan (e.g., buildings circulation, open space and. landscaping, etc.) ul harmony with the existing natural topography, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic qualityaf the site configuration; and d. If the proposed project is located within a locally designated historical district, ar includes a locally designated landmark structure, the project is in canfarlxaance with the provisions of Clxapter 18.28, BMC; 34_g 5. The impart of the proposal on the existing and. anticipated traffic and parking conditions; 6. Tedestrian and vehicular ingress, egress and circulation, including: a. Design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area; b. Non-automotive transportation and circulation systems design features to enhance convenience and safety across parking lots and streets, including, but not linuted to, paving patterns, grade differences, landscaping and lighting; c. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent developments and general community; and d. Dedication of right-of-way or easements necessary for streets and similar ti~nsportation facilities; 7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space and pedestrian areas, and. the preservation or replacerracnt of natural vegetation; 8. Open space, including: a. The enhancement of the natural environment; b. Precautions being taken to preserve existing wildlife habitats oi° natural wildlife feeding areas; c. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the site plan to avoid interfering with public access to and use of that area; d. Is any provided recreational area suitably located. and. accessible to the residential units it is intended to serve and is adequate screening provided to ensure privacy and quiet far neighboring residential uses; e. For residential site plans, does the configuration of open space otherwise rqquured by this title provide for a minimum of 150 square feet landscaped area per dwelling unit suitable for active recreational activities. Such required areas are generally to be configured in one or more areas with a reLltionship between the length and width of such area(s) to not exceed 3:1, a slope of 1D percent or less, and without non-recreational structures or detention/retention ponds; and f. For residential site plans unless otherwise provided through the subdivision or planned unit development review process, is an amoi.tint of park land or its equivalent equal to that required by X18.50.020, BMC for the proposed number of dwelling units set aside within the project boundaries, and. configured for active recreational use by the residents of the project; or has the developer proposed to provide its equivalent as may otherwise be allowed by this title. 9. Building location and height; 1.0. Setbacks; 11. Lighting; 12. Provisions for utilities, including efficient public services and facilities; 13. Site surface drainage and stormwater control; 34-7 14. Loading and unloading areas; 15. Grading; 1b. 5ignage; 17. Screening; 18. Gverlay district provisions; 19. Other related matters, including relevant corrament frorrr affected parties; and B 20. If the development includes multiple lots that are interdependent far circulation or other means of addressing reyuirerrrents of this title, whether the lots are either: a. Configured. so that the sale of individual lots will not alter the approved configuration or use of tlae property or cause the development to become nonconforming; or b. The subject of reciprocal and perpetual easements or other agreerxrcnts to wluch the City is a party sa that the sale of individual lots will not catrrse one or more elements of the development to become nonconforming. In considering applications for master site plan approval under this title, the C,irty Commission, L7RC, and when appropriate, the ADR staff, I7RB or WRl3 shall consider the followuig: 1. Conformance to and consistency with the Caty's adopted growth policy; 2. Conformance to this title, including the cessation of any current violations; 3. Conformance with all other applicable laws, ordinances and regulations; 4. A generalized site plan showing the orientation and relationships among key plan elerraents both on and off the praperry, including: a. Compatibility with, and sensitivity ta, the immediate environment of the site and the adjacent neighborhoods in terms of overall site organization and building mass and height; b. Arrangement of the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the structure of the surrounding area and produce an efficient, functionally organized and visually cohesive development that contributes to the overall aesthetic duality of the area; and c. If the proposed project is located within a locally designated historical district, or includes a locally designated landrrrark structure, a statement describing haw the project is in conformance with the provisions of Chapter 18.28, BMC; 5. A statement accompanying the site plan describing the generalized architectziraleharacter and. its relationship to and compatibility with the historical character of the area, generalized landscape concept including treatment of public space and relationship to the surrounding area, and visual and aesthetic integration of the proposed development into the surrounding area and its effect on the identity of the adjacent neighborhood; 6. The impact of the proposed development on the existing and anticipated traffic and parking conditions, including identification of the traffic generation and parking needs of individual plan elements; 7. Pedestrian and vehicular ingress, egress and. circulation, including: a. C7verall pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area; 34-8 b. Non-automotive transportation and circulation systems design futures to enhance convenience and safety across parking lots and streets; c. Adequate connection and integration of the pedestrian and vehici.clar transportation systems to the systems in adjacent develapcnents and general community; and d. Dedication and/ar abandonment of rights-of-way or easements necessary for efficient land use and accompanying streets acid related transportation facilities; 8. Open space, if required under the zoning classification(s) of the proposed development, including: a. Enhacacement of the nattiral environment; b. Precautions being taken to preserve existing wildlife habitats or natural wildlife feeding areas; c. Provisions to avoid interferixag with public access to and use of any adjacent parks and other open space; d. Provision of recreational areas suitably located and configured, anal accessible to the residential unit`s it is intended to serve; and e. Adequacy of open space as required within this title; 9. Generalized building gross area (square feet), building locations, building envelopes, and building heights; 10. Setbacks; 11. Generalized lighting concept as pertains to public safety; 12. Generalized provisions for utilities, including efficient public services and facilities; 13. Generalized site surface drainage and stormwater control; 14. Generalized. locations of loading and unloading areas; 15. Generalized grading; 16. Statement regarding proposed signage; 17. Statement regarduig screening of trash, outdoor storage and utility areas; 1.8. ChTerlay district provisions where applicable; and 19. Other related matters, including relevant comment from affected parties. C. If the Planning Director,. Pc~arcl„_,of_,.Acfj~rcta~~;,z?t;, or City Coiruiussion, after recommendation from the DRC and, if appropriate, ADR staff, DRB and WR13 shall determine that the proposed site plan or master site plan will not be detru~iental to the health, safety or welfare of the conununity, is in compliance with the requirements of this title and is in harmony with. the puxpases and intent of this title and the Bozeman growth policy, approval shall be granted, and such conditions and safeguards may be imposed as deemed necessary. Notice of action shall be given in writing. D. Site place approval or master site plan approval may be denied upon a deternvnation that the conditions regtured for approval do not exist. Persons objecting to the recommendations of review bodies carry the burden of proof. A denial of approval shall be in writing. E. Fallowing approval of a master site plan, the applicant shall submit to the Planning Department, sequential individual site plans far specific areas within the master site plan. Each subsequent application for a site plan shall be consistent with the apprnved master site plan and subject to the review criteria set forth in subsection A above. Evidence that the review criteria have been 34-9 met through the master site plan review process may be incorporated by reference in order to elirztinate duplication of review. 1.8.34.100 C~OARI:)_C7~~~_..A~;~USTME~'~=~~'l~"~-....COI~MI-SSIiC~N CONSIDERATION AND RECORD FOR CONDITIONAL USE PERMITS A. The >~~ard. c~~ A~ijustxiaer~t~aty-CArr~~t~i:,:s~r~, in approving a conditional use pernvt, shall review the application against the review requirements of X1.8.34.090, BMC~; B. In addition to the review criteria of X1$.34.090, RMC~, the I3r:tair~ cif ~?~dju5tinent~-7ity-C:~~ntx~.-zissi~ shall, in approving a conditional use permit, deterxxune favorablyas follows: 1. That the site for the proposed use is adequate ui size and topography to accamnaodate such use, and all yards, spaces, walls and. fences, parking, loading and landscaping are adequate to properly relate such L-se with the land. and uses ill the vicinity; 2. That the proposed use will have no material adverse effect upon the aUuttuig property. Persons objecting to the recon~nendatrons of review bodies carry the burden of proof; 3. That any additional conditions stated in the approval are deemed necessary to protect tlae public health, safety and general welfare. Such conditions may include, but are not limited. to: a. Regulation of use; b. Special yards, spaces and buffers; c. Special fences, solid fences and. walls; d. Surfacing of parking areas; e. Requiring street, service read or alley dedications and improvements or appropriate bonds; f. Regulation of points of vehicular ingress and egress; g. Regulation of signs; h. Kequiring maintenance of the grounds; i. Kegulatian of noise, vibrations and odors; j. Regulation of hours for certain activities; k. Tune period within which the proposed use shall be developed; 1. Duration o£ use; m. Requiring the dedication of access rights; and n. Other such conditions as will make possible the development. ~f the City in an orderly and efficient macuaer, C. The t3c~arcl c7f Acl-~istirie;~~.t4at~i~;siE3:r~..._.-shall, in addition to all other conditions, ullpose the following general conditions upon everycanditional use permit granted: 1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and. special conditions imposed by the conditional use permit procedure; and 2. That all of the special conditions shall constitute restrictions runnuig with the land use, shall apply and be adhered to by the owner of the land, successors ar assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the C~-.aunty C:1~.rk and Recorder's Office by the property owner prior to the issuance of any building perrz~.its, final site plan approval or commencement of the conditional use. 34-1G D. Applications for conditional use permits may be approved, conditionally approved or denied by motion of the I3c~at_cl.. c~~..._~c~j~.~stx~cz~tCc~rrmni~s:~iEaza:. If aza application is denied., the denial shall constitute a determination that the applicant has oat shown that the conditions required for approval do exist. E. The applicant shall be notified in writing of the action taken by the 13oaz~d ~~(~~A.~,ustziaex~t~~ty C~ntxni:,s,ic~~1 within seven working days of its action. If the conditional use pezxrut has been granted the notification shall uiclude any conditions, automatic termination date, peziod of review or other requirements. If the conditional use permit has been granted, the permit shall be issued upon the signature of the Planning Director after completion of all conditions and final site plan. 18.34.11© CERTIFICATES OF APPROPRIATENESS - ADDITIONAL REVIEW PROCEDURES AND REVIEW CRITERIA A. Si n Pro owls Which Do Not S ecificall Conform to the Re uirements of 'T'his Title. Independent sign proposals ~i.e., not in conjunction with other developzxtent) which da not specifically conform to the requirements of this title, are required to submit full site plans. Additional site design information, in sufficient detail to demonstrate compliance with the Design Objective Flan, encozripassing the property's location shall be provided. If no Design Objectives Plan has been prepared for th.e location, additional site design information, if necessary, shall be detemlined by the ADR staff. All signs shall caznply with the dinzensiozzal standards of this title unless a deviation or variance has been properly granted. B. Review Procedures and Criteria for Certificates of A ro riateness. 1. Certificates of appropriateness shall only be issued according to procedures and Criteria specified in Chapters 18.28, 18.30, 18.36 and 18.62, BMC. 2. Sign proposals which specifically cozxform to the requirements of this title shall be reviewed according to procedures and criteria outlixzed in Chapter 18.52, BMC;. 18.34.120 PUBLIC NOTICE REQUIREMENTS A Public notice of development proposals and approvals subject to this chapter shall be provided as regtiured by Chapter 18.76, BMC. 18.34.130 FINAL SITE PLAN A No later than six months after the date of approval of a preliminary site plan or master site plan, the applicant shall submit to the Planning Department a final site plan with accompanying application form and review fee. The number of copies of the final site plan to be submitted shall be established by the Planning Director. The final site plan shall contain the materials required in ~~18.78.080 and18.78.090 BMC and whatever revisions to the prelitninazy site plan or master site plan are required to con~zply with any conditions of approval. Prior to the passage of six months, the applicant may seek an extension of oat mare than an additional six months froze the Planning Director. B. In addition to the materials required in subsection A of this section, the owner shall submit a cez~cification of completion and compliance stating that they understand any conditions of approval and the submitted fatal site plans or master site plan have complied with any conditions of approval or correctiozts to comply with code provisiozts. C. In addition to the materials required in subsections A and $ of this section, the owner shall subnut a statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not itt compliance with the approved final site plan rnayresult u1 delays of occupancy or casts to correct noncompliance. 34-11 D. Following approval of a final site plan, the final site plan shall be in effect for one year. Prior to the passage of one year, the applicant may seek an extension of not more than one additional year frotrx the Planning T)irector. Tn such itxstances, the Planning Director shall detertraine whether the relevant terms of this title and circumstances have significantly changed since the initial approval. If relevant terms of this title or circumstances have significantly changed, the extension of the approval shall not be granted. E. Following approval of a final master site plan, the final master site plan shall be in effect far tact more than five years. Owners of property subject to the master site plan may seek appropriate extensions. Approval of an extension shall be made by the C;aty Comrnission upon recomrx~endatian of the Planning Director. Approval shall be granted if the City CotTUrxissian determines that the relevant terms of this title and circumstances have not significantly changed since the initial approval. F. Upon approval of the. final site plan by the Planning C)irector tlae applicant may obtaita a building permit as provided for by C~xapter 18.54, BMC. 1. Subsequent site plan approvals are required to implement a txaaster site plan, and approval of a master site plan does not entitle an applicant to obtain azay building pertxuts. 18.34.140 BUILDING PERMITS BASED UPON APPROVED SKETCH OR SITE PLANS Based upon the approved. sketch or final site plan (hereinafter referred to as "plan"), and after any appeals have been resolved., a building pcrzaait for the site maybe requested and. tray be granted pursuant to Chapter 18.54, BMC. No building permit maybe granted on the basis of an approved sketch ar site plan whose approval has expired. 18.34.150 AMENDMENTS TO SKETCH AND SITE PLANS A. It is the intent of this section to assure that issues of conununity concerna are addressed during the redevelopment, reuse ar change in use of existing facilities in the community. Specific areas of community concern include public safety, tnitigatian of off-site environmental itaapacts and. site character in relation to surraiuxdings. The following procedures far amendments to approved plans, reuse of existing facilities and further development of sites assure that these concerns are adequately and expeditiously addressed. B. Arty amendment to or modification of a site plan or master site plan approved under the ordinance cadifxed in this chapter (September 3, 1991 - Ordinatxce 1332) shall be subn~it~ted to the Planttirtg Director far review and passible approval. Proposals for further development, reuse or change in use of sites developed pursuant to this title shall. also be reviewed as an arxaendrtaent to an approved plan. All anaendtxaents shall be shown ot1 a revised plan drawing. Amendments to approved plans shall be reviewed and may be approved by the Planning Director Upan determitxing that the amended plan is in substantial compliance with the originally approved plan. If it is detertrxirxed that the amended plan is not in substantial compliance with the originally approved plan, the application shall be resubmitted as a new application and shall be subject to all standards and site plan review and appraval provisions of this title. Substantial compliance maybe shown by demonstrating that the amendments do not exceed the thresholds established ux ~1$.34.170.B, BMC. C. Modificatiaxxs or amendments to a master site plan at the tixxxe an extension of approval is sought maybe proposed by either the applicant ar the City Cornrt>ission, and shall be based on substantive current information that indicates that relevant circumstances have changed and that such circumstances support the proposed modifications. Such circumstances may include txaarket analyses, econanuc conditions, changes in surrounding land uses, changes in ownership, Et(:. 34-1.2 18.34.160 MODIFICATION OR ENLARGEMENT OF STRUCTURES AUTHORIZED UNDER A CONDITIONAL USE PERMIT Any proposed additions, enlargements or modifications of the structures approved in any conditional use permit, ar any proposed extension of the tue into areas not approved in any such permit, shall be subject to this chapter. 18.34.170 REUSE, CHANGE IN USE OR FURTHER DEVELOPMENT OF SITES DEVELOPED PRIOR TO THE ADOPTION OF THE C7RDINANCE CODIFIED IN THIS TITLE A. Sites legally developed prior to the adoption of the ordinance codified in this title (September 3, 1.991 -Ordinance 1332) shall be considered to have developed uzzder an approved plan. Proposals for reuse, change in use ar the further development of sites legally developed prior to the adoption of the ordinance codified in this title may be approved by the Planning Director upon determining that no significant alteration of the previous use and site are proposed, and upon review by the City Engineer or designee to assure that adequate access and site surface drainage are provided. All such proposals shall be shown an a plan drawing as required by the Planning Director. B. The criteria far deterzaainisag that no significant alteration of the previous use and site will result from the proposed reuse, change in use or further development of a site shall include but not be lizxuted to the follownig: 1. The proposed use is allowed under the same zoning district use classification as the previous use, however replacement of nonconforming uses must comply with the provisions of Chapter 18-60, BMC; 2. Cahanges proposed for the site, singly or cumulatively, do oat increase lot coverage by buildings, storage areas, parkix~.g areas or impervious surfaces and/ar da not result in an increase in intensity of use as measured by parking requirements, traffic generation or othez° zneasuz~ble off-site impacts; a. By more than 20 percent for developments oat meeting one or more of the criteria of ~ 1$.G2.010.A,2,e; OR b. By nacre than 10 percent far developments meeting ar exceeding one or more, of the criteria of ~18.G2.0].O.A.2.e ; 3. The proposed r.zse does not continue any unsafe or hazardous conditions previously existing on the site or associated. with the proposed use of the property. C. If it is determined that the proposed reuse, change in use or further development of a site contaizas significant alterations to floe pz~vious use and/ar site, the application shall be resubmitted as a new application and shall be subject to all plan review and approval provisions of this chapter. D. When proposals for reuse, change in use or further development of a site are located in the neighborhood conservation or entryway corridor overlay districts, review by ADR staff or the DRB maybe required to determine whether resubmittal as a new application is necessary. 18.34.180 IMPROVEMENTS TO EXISTING DEVELOPED 5ITE5 INDEPENDENT OF SITE PLAN REVIEW A. The continued irnprovement of existing developed sites is desired to increase the level of compliance with the provisions of this title. An applicant may propose improvements, oat in association with a site plan review, to increase, conformity with the standards of this title far landscaping, lighting, parking ar similar components of a site to occur aver a defined period of 34-13 tune, not to exceed. three years. Such improvements shall be depicted on a site plan drawn to scale and which. shall be sufficiently detailed to dearly depict the current conditions, the intended end result of the proposed improvements and any phasing of work Such improvements shall be reviewed by and approved at the discretion of the Planning Director. The Planning Director may require surety in accordance with the terms of Chapter 18.74, BMC for work performed. 18.34.190 SPECIAL TEMPORARY USE PERMIT A. Generally Uses permitted subject to a special temporary use perzxzit are these temporary uses which are required for the proper function of the community or are temporarily required in the process of establishing a pcrnutted use, constructing a public facility or providing for response to an emergency. Such uses shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the community. Uses permitted subject to a special temporary use permit may include: 1. Carnivals, circuses, special events of not aver seventy-two consecutive hours; 2. Tent revival meetings; 3. Swap meets; or 4. Such other uses as the I'lannirzg Director may deem to be within the intent and purpose of this sectian. B. Application and Filing Fce. Application for a special temporary use permit may be made by a property owner or his authorized agent. Such application shall be filed with the Planning Director wlio shall change and collect a filing fee far each such application, as provided. in Chapter 18.64, BMC. The Planning Director may also require any inforzxaatian deemed. necessary to su.pporc the approval of a special temporary use permit, including site plans per this chapter. C;. Decision. Application far a special temporary use permit shall be reviewed by the Planning Director who shall apprcave, conditionally approve or disapprove such application. Approval or conditional appraval shall be given oz~y when in the judgment of the Planning Director such. approval is within the intent and purposes of this chapter. D. Conditions. In approving such a permit, the approval shall be made subject to a time limit and other conditions deemed necessary to assure that there will be no adverse effect upon adjacent properties. Such conditions may include, but are not limited to, the following: 1. Regulation of parkuxg; 2. Regulation of hours; 3. Regulation of noise; 4. Regulation of lights; 5. Requirement of bands or other guarantees for cleanup or removal of structure or equipment; and/or 6. Such other conditions deemed necessary to carry out the intent and purpose of this section. 18.34.200 APPEALS Appeals of decisions rerxdered in conjunction with this chapter may be taken as set forth in Chapter 18.(7(,, I3MC. In such event, any plan review approval and associated right to proceed with development shall be stayed until the appeal proeess has been completed. 34-14 18.34.21p IMPROVEMENTS Irnprovernents depicted on an approved site plan shall be installed subject to the requirements of Chapter 18.74, BMC. 34-15 Exhibit C CHAPTER 15.62 DEVELOPMENT REVIEW COMMITTEE (DRC), DESIGN REVIEW BOARD (DRB), ADMINISTRATIVE DESIGN REVIEW STAFF (ADR), AND WETLANDS REVIEW BOARD (WRB),~~iC7.~,RD Uk ~4,D.~.U'STMEN'i" ~I30A 18.62.010 PURP(7SE OF DRC, DRB, ADR,-~4N~D WRB,._AND._I3_C~ A Purr?°se. The Developrrzent Review Comnuttee (DRC, T~esign Review Board (DRB), Administrative Design Review staff (ADR) and Wetlands Review Board (WRB) are established to coordinate, expedite and assure fair and equitable implementation of this title. The objective, to be implerrzented through their procedures and deliberations, shall be to encourage development quality that will enhance both the natural and built environxxzents, with consideration to present and future property values, and to carry out the purposes of this title. All bodies authorized under this chapter n~zaay call upon any City staff or other persons with technical expertise, and may testify before any board, comzxzission or other body upon the subjects for which they have responsibility. 1. DRC. The DRC is established. to evaluate all proposals subject to the provisions of this title. The DRC is the bocly clzargeci with reviewing itearz~s relatixzg to public health and safety. a. The DRC shall act as an advisory body to the Planning Director for site plaa~s when no variance az- deviation is requested; and b. The DRC shall act as an advisory body to the City Commssion for larger and more complex proposals including conditional use permits, planned unit developments, all site plans uivalving variances or deviations, divisions of land, lone rrzap amendments, annexations and other actions as requested by staff br the City Commission. 2. DRB. The DRB is established to evaluate aesthetic considerations of larger and mare complex proposals which are likely to produce significant community impact and. to provide recanunerldations regarding SL1C11 proposals to the Planning Director ar City C'~czmrnission, subject to the provisions of this title. a. The DRB shall act as an advisory body to the Planning Director for site plans within overlay districts meeting one or more of the thresholds of subsection A.2.e of this section. when no variance ar deviation. is requested; and b. The DKL' shall act as an advisory body to the City Commssion regarding: (1) Site plans within overlay districts meeting one or more of the thresholds of subsection A.2.e of this section when variances or deviations are requested; (2) Conditional use permits located within overlay districts, but excluding conditional use perzxaits for the purpose of accessory dwelling units and conditional use perzxzits which da not create additional building area; (3) Planned unit developrrzents; (4) Appeals froth ADR decisions; and (5) Review of applications for Large Scale Retail. c. The DRB may develop, and. after adoption by the City Commission, apply specific guidelines related to such concerns as architectural appearance, l.anclscape G2-1 design and signage for the construction and/or alteration of structures, sites ar areas; d. The DRB may review applicable development proposal applications for zoning text amendzxzents, or applications for moving, demolition ar any other kind of permit that may affect properties located within entryway corridors. e. The DRB has responsibility for projects subject to ~18.34.Q40.B. ADR. The ADR staff is established as the review body for aesthetic considerations of smaller and less complex proposals which az-e less likely to produce significant community impact and to provide recozxzzxzendatians regarding such proposals to the Planning Director and City Commission, subject to the provisions of this title. a. The ADR staff shall act as the approval authority for sketch plans within overlay districts when no variance or deviation is requested; b. The ADR staff shall act as an advisory body to the Planning Director for site plans within overlay districts not meeting ozie or more of the thresholds of §1.$.34.040.8 when no variance or deviation is requested; c. The ADR staff shall act as an advisory body to the Planning Director regardutg reuse/further development permits within overlay districts; and d. The ADR staff shall act as an advisory body to the CGity Caznrnission regarding all sketch plans and site plans not meeting one or more of the thresholds X1$.34.040.8 within overlay districts when variances or deviations are requested, for conditional use permits for accessory dwelling units, conditional use permits where no additional building area will be created, and non-PUD divisions of land; e. The ADR may develop, and after adoption by the City Commission, apply specific guideli~xes related to such concerns as architectural appearance, landscape design and signage for the construction and/or alteration of stnact~zres, sites or areas; and f. The AIR may review applicable developn~.ent proposal applications for zoning amendments, or applications for moving, demolition or any other kind of permit that nzay affect properties located within entzywaycorridozs. 4. WR]3: The WRB is established to prepare functional assessments of regulated wetlands that zxzay be irnpactcd by proposed regulated activities, evaluate the impacts proposed. regulated activities may have on delineated wetlands and to provide wetlands protection, nutigation and/or enhancement recommendations regarding such proposals to the Planning Director and City COlIlI111sSIUn,subjeet to the provisions of this title. a. The WRB shall act as an advisory body to the Planning Director for sketch plans and site plans when no variance or deviation is requested. b. The WRB shall act as an advisory body to the City Commission for larger and more complex proposals including conditional use pezn~ts, planned unit developments, all site plans involving variances or deviations, divisions of land, zone map amendments, and other actions as requested by staff or the Commission. :,5,._ ....................:.1.:3Q10.._,';I`lie...._}3C~f1.5.....c,5iabls,h.e~c .cc~tl,5i:c~~~r_;rc7rxa:n,~;...~a~-a~ces, ..d_~v~~t:o~as,,....site Tans which include variance or deviations,_.~r~:~l_ cor~~iit~~~na1 use percnits,_sub~c.ct..tt~._t~~~~_l~rc:~~crisi~~rz.~ cif t.h_zs title~Variia~ccs_~i~~zcl clc~v~at~~~ns arc:..,,st~h~t tc~._.C~z<~ter 1.$ G6.aa~c{ cc~zldztac~nal t~5r h2-2 pea-iraits._._arE:__~ul7~cr_t_r<~_._C;1a,apier....I.A.X34.,...~n..G~c3,c~ari~n.,tTc?.._tlle cthc:r.reLLle;~rax~t...~,5.p~~c:t5_c~f_this title. B. Development Review Committee Procedures Established. To ixnplexnexxt this purpose, cez-taixi procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or biweekly meeting attended by representatives of each of the City departments charged with development review. Each department shall have the ability and authority to xequire the DRC to make a recommendation of clenral when in their view the project can not .meet the regturements and review criteria of this title and acceptable conditions do not exist to cure the identified failings of the project. Written meeting reviews, in the form. of staff reports or suxa~ry reviews prepared by the Planning Department, shall be made setting Earth the DRC's recommendation to the Planning Director or City C:ornrrussion and reasons for requiring such conditions as may be deemed necessary by the DRC. These records shall be preserved as part of the official file for each development proposal. Lastly, the DRC shall generally fallow "Robert's Rules of Order" and may prepare and adopt supplemental procedural rules that will assure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the developmental review process. 1. The DRC shall at a minimum be composed of the following personnel: CityEngineer or designee, Fire Marshal or designee, the Streets Superintendent or designee, the Sanitatioxa Superintendent or designee, the Water/Sewer SL~perintendent or designee, the Planning Director or designee aznd the Building Official ar designee. When necessary, other members of the comnuttee may include: the Director of Public Safety or designee, the Superintendez-zt of Facilities and Public Lands az° designee, the Superintendent of Recreation ar designee, the City Manager or designee, with other individuals to be included. as necessary at the Planning Director's request. 2. When applicable, the DRC may solicit the input of non-City agencies and persons including, but not limited ta, the county subdivision review officer or designee, the County Sanitarian or designee, the County Road Superintendent or designee, and state or federal agencies, with other individuals to be included as necessary. C. Design Review Board Procedures Established. To implement this purpose, certaii procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or biweekly meeting attended by rrrernbers of the DRS. Written meeting reviews setting forth decisions and hidings shall be made. These records shall be preserved as part of the official. proceedings far each developmental proposal. Lastly, the DRB shall generally follow "Robert's Rules of Order" and may prepare and adopt supplemental procedural rules, upon the approval of the City Corxrrnnission, that will assure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the design review process. 1. The DRI3 shall consist of six professional and two nonprofessional members. I~rafessional members shall be degreed in their respective disciplines and/or otherwise licensed or certified by their respective professional authorities. An appointment to a term of service orr the DRB is far two years, The professional contingent shall consist of three architects and at least one architectural historian, and at least one landscape architect or landscape designer. At least one of the professional members shall have demonstrated expertise in urban design. Nonprofessional members shall be individuals with an interest in, or knowledge of, urban design or historic preservation. No member of the DRB shall serve cancuz-rently as a member of the Planning Board. or Toning Corrurrission. A quorum of the DRB shall be four voting members and one of the members constituting the quorum must be an architect. In the event a quorum of the DRS rrray not otherwise be attained, the ADR staff may serve as alterzzates to prevent delay in prajert reviews. G2-3 2. In selecting the members, the City Commission shall give preference to residents of the City of Bo~exnan. However, where a qualified professional resident is not available to serve, the City Commission may appoint a professional member who practices professionally, owns property or awns a business within the City. Where a nonprofessional resident is not available to serve, the Cary Commission may appoint a nonprofessional member who works, owns property or awns a business witlun the City. D. Administrative Design Review_5taf£ Procedures Established. To implement this purpose, certain procedures shall be adopted for the administrative evaluation of a proposal without public notice ar cozrxtnent, unless a deviation from the underlying zoning is requested. After a proposal has been evaluated by the ADR staff, they shall issue a written decision that shall u-iclude findings and may include a notice of required corrections. The ADR staff may call a conference with the applicant to deterniirte design alternatives, ar the applicant may Ball a conference with the ADR staff far the same purpose. Any such conference shall be coa~ducted prior to the issuance of a building permit for the proposal. 1. ADR staff shall consist of two Planning Department staff members. One member shall be degreed ar athei-wise licensed or certified by his/her respective professinn.al authorities in an enviroxzixzental design discipline such as architecture, landscape architecture ar urban design. The second member shall be the Planning Director or his/her designee who xriay or may not be degreed in architecture. Tn the event that necessary ADR staff is not available, the DRS may act to provide design review services. E. Waiver of Design Review. In the event that neither the DRS nor the ADR staff as established in this chapter are able to complete a quorum or have the necessary personnel to conduct the reviews othez-w%se required by this title, the requirement for review by DRB or ADR is waived. Nothing in this section shall constitute a waiver of the required review criteria established in Chaptez-s 18.28, 18.30, 1.8.36, and 18.56, BMC. r. Wetlands Review Board Procedures Established. The WRS will be convened. as necessary to review proposals that involve regulated activities and may impact regulated wetlands based on the provisions contained in Chapter 18.56, BMC. To implement this purpose, certain procedures skull. be adapted to include, but not be lunited tn, scheduling meetings as needed to be attended by meixrbers of the WRB. Written meeting reviews setting Earth decisions and fuYdings shall be zxzade. These records shall be preserved as part of the official proceedings far each develaprrrent proposal. Lastly, the WRB shall generally follow "Robert's Rules of Order" and. may prepare and adapt supplemental procedural rules, upoxz the approval of the City CArllrrllsslon, that will assure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the wetland review process. 1. The WRI3 shall consist of sip members. An appointment to a term of service an the WRS is for two years. Members shall be degreed in their respective disciplines and/or otherwise licensed or certified by their respective professional authorities. Members sha11 consist of at least one biologist, one soil scientist, one plant scientist, and one hydrologist. 2, In selecting the merxibers, the City Commission shall give preference to residents of the City of Bozeman. However, where a qualified resident is not available to serve, the City Commission may appoint a menrl?er who practices professionally, owns property or owns a business within the City. C;. _..._.._..,ct~r,~~~...._r~t _~cljustrncnt_1?roc:c~c~tr.zc~.. Established. 'T7ze ~3U_f1~~ri~l bc~ convened as ne-cessaryr_t_c. I°f'Vle..w.. ~t~7pllCatial7s fOl" V1i~(1i1CL5 qr [lC'Via.tinnS Or ap~catians, 1i1VUltrtr7~ yarilnCt;S t)r C1ty~1tIC111,. The I3t;7Fi_.vvµill .also_revie~v a ~l.rc,rticsi~ti fc~r._~.orac~iti~nal_ u~c ,I?ez-rnt5 _Tr~ n?.Rlezx~exat,tlzis.~?tir~o5e, cart iiz_i_.~c_e<iuzc s~,s1z ~lJ.be cl~tec~ ~.~rhiz;ll iaaay iriclu.dc_,..withr~tit lin~ut ~tioxx,~,i a~.~;r~larl~: sch~d.ule:cl 62-~ the applicants' proposal was initially reviewed, the DRG, DRB or WR13 shall take action to reconunend approval, approval with conditions, table pending submission of revised or additional materials or recommend denial of the applicant's proposal, unless the applicant grants a written extension to the review period. For proposals subject to ADR review, the ADR staff shall recommend approval, approval with conditions, delay pending submission of revised or additional materials or denial of the applicant's proposal. 1/. l~C)A .~.ctaon. After the a ~~licaz~ts' . ro . oral is.._:found...s~~;f~.lc~x~t:..~c~r re.yiew,.t:he.._S~kz~cluJe,_~c~r 1~C7_F~. actic~~:x,,,;Co.. ap~,re~vc-_, al~ptc?vc~ .v~.ith ~c~ndi~ns, t~i~~le_,~~nc~zag su,kan~ss~iii cif .r~v5c~r:~.. t>~'..acic~:itic~nal rn ~te.r~a:ls,.. c~r,cic?ny the_ ~~7~~l~car~t„s, l~rc>lac~s~lms)~~Il 17e. establislacc~, G2-6 Exhibit. D CHAPTER 18.b4 ADMINISTRATION, FEES AND PENALTIES ~$.b4.p10 REVIEW AUTHORITY A. The City Commission has the right to review and require revisions to all development proposals subject to this title, and delegates that authority in certain circumstances as set forth below to the Planning Director, reserving to itself the right to heat- appeals from. decisions of the Planning Director. The purpoee of t11is review is to prevent rler~rionstrable adverse ianpacts of the development upon public safety, health or gen.era.l welfare, or tc, provide for its mitigation; to prated public investments in roads, drainage facilities, sewage facilities, water facilities, and other facilities; to conserve the value of adjoining buildings and/or property; to protect the character of Bozeman; to protect the right of use of prapea~ty; advance the purposes and. standards of this title and the adopted growth policy; and to ensure that the applicable regulations of the City are upheld. B. The Planning Director shall, upon recorrunendation from the DRC, DRB, ADR ar WRB as may be applicable approve, approve with conditions or deny all applications subject to this title, except master site plans, conditional use pemuts, planned unit developments and subdivisions, or any application involving deviations or variances. Decisions o£ the Planning Director are subject to the appeal provisions of Chapter 1$.G6, BMC~, ] . Exception. The City C.omnussian may, by an affirmative vote of four of its members at a regularly scheduled meeting reclaim to itself the final approval of a development norn~ally subject to the approval of the Planning Director. The vote shall occur prior to the action of the Planning Director.., C ......................'I'~x~,Pc~arc~._c~f .~:c~:,~~~st~ne~~t:.sjnra~l~u.~c?n_recc>~~z~_traetxd:aic~r~:.:~Y,4~rrr che._T.)RC,,..TLL)R13, .~!'±I:)K,_c_~a~WK13_a5. ~~:aay 17c..-~.17plzc_a171c _alif,rav~,, al~7rovc ~nth^ccsr~diti:c~ns.Ur..dc.aY}r.,ap}71~r ~i~c~a~~ (~~r ,~ll:~ ~xrzn~t s. ~rac~_ isic,n.e. [7c:c~isinns of the .I30A are stabiect tu_the_appc~tl~z-c?v_isions c,f C;hapter_1$~F,b ~~MC,: 1. _FxG;euuaz7. "I'lze C;it~C~omrnissirx"a i77ay~ k~~r arz, afiz~l~~tive vc~tc of three c.~f its rnernbei~ at a rr~-talarly schedtalecl mcetisatr rec:Lait7a to itself floe. final aonrov~tl of a de.veJ.onzxaent t;<a t~ac._a_.ctc~~~.._c>~_the,.~.~~az~:j old Ac~;justzn~r~t;.., I.),,C. As detailed in Chapter 1$.62, BMC, the City C;ornnussion authorizes the Development Review Committee, Design Review Board, admiraistrative design review staff and/or Wetlazzds Review Board, as applicable, to review and to make recommendations to the Planning Director or City Comrnissian regarding development proposals. I;(:). The City Commission or its designated representatives zxzay require the applicant to design the proposed development to reasonably minimize potentially significant adverse impacts identified through the review required by these regulations. Tlae City Comrnissian or its designated representatives may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unnutigated impacts of a proposed development may be unacceptable and will preclude approval of the development as subnutted. Recognizing that the standards of this title are miavmuara requirements and the public health, safety, and general welfare may be best served by exceeding those nvnimums, the City Commssion or Planning Director may require as a condition of approval, additional landscaping, screezlixzg, tinting requirements, setbacks or other mitigation exceeding the minimums of this title. 64-1 18.64.020 ADMINISTRATION AND ENFORCEMENT - PLANNING DIRECTOR AUTHORITY A. The Planning Director, or his/her designated representative, shall administer and enforce this title. He/she maybe provided with the assistance of such other persons as the Planning Director may supervise and those assistants shall have essentially the same responsibilities as directed by the Planning Director. B. Tlae Planning Director may in tlae administration of this title consult with other persons having expertise in relevant subject areas as in his/her opinion is necessary for the review of the proposed development ar administration of the title. C. If the Planning Director shall find that any of the provisions of this title are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He/she shall order discontinuance of illegal use of land, illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this title to ensure compliance with or prevent violation of its provisions. 18.64.030 ENFORCEMENT'- PLANNING DIRECTOR This title shall be enforced by the Planning Director and his/her authorized representatives. No development approval, subdivision approval, building permit or business ar occupational use license shall be issued, except in compliance with the provisions of this title. 18.64.040 STOP-WORK ORDER -PLANNING DIRECTOR, BUILDING OFFICIAL, CITY ENGINEER AUTHORITY Whenever any subdivision, development or building work is being Bane contrary to the provisions of this title, the Planning Director shall o~cler the work stopped by notice in writing served on any person engaged in doing or causing such work to be Bane, and any such person shall forthwith stop such work until authorized by the Planning Director to proceed with the work The Building Official or City Engineer n~1y also issue astop-worl~ order when building work is being done contrary to the provisions of tlais title. 18.64.050 PERMISSION TO ENTER The City Commission, or its designated agents, zxaay conduct such investigations, examinations and site evaluations as they deem necessary to verify the information supplied. The submission of naatcrial or a plat far review shall constitute a grant of permission to enter the subject property. 18.64.060 INACCURATE OR INCOMPLETE INFORMATION AND WAIVERS A. The City shall review each submitted application for completeness and sufficiency as described in ~~ 1$.06.040 and 1$.34.Oy0, BMC. l3. The final approval body inay withdraw approval or conditional approval of a prelimuaary plat or other development approval if they determine that information provided by the applicant, and upon which approval ar conditional approval of the preliminary plat ar other development was based, is inaccurate or incomplete. 1. Within. thirty calendar days following approval ar conditional approval of a prelirninazy plat or other development application, any person ar agencythat claims that information. provided by the applicant is inaccurate or incomplete may subxxut the information and proof to the planning department. 2. The Planning Department shall investigate the claim, the accompanying information and proof, and make a report to the final approval authority (City Cornxnission or the 64-2 Planning Director) within thirty wonting days after receipt of the information. If the final approval authority is the City Commission, the Camrnission shall consider the information. and proof, and shall make a determination regarding the claim at a regular meeting. Notice of the meetng or presentation of the report shall be given to the claimant and the applicant. 18.64.070 COORDINATED REVIEWS When a proposed subdivision, development or use is also prapased to be annexed to the City of Bozeman, the City shall coordinate the developrzaent review and annexation procedures to rn.i_t~.imiz~ duplication of hearings, reports, and ether requirements whenever possible. The City Commission shall also bald joint public hearings on the initial zoning and the annexation whenever possible. Based upon. the circumstances of prapased development the Caty may require sequential review of applications. 18.64.0$0 DATE OF SUBMITTAL. AND ASSOCIATED REVIEW STANDARDS A. Subdivision. Review and approval or disapproval of a subdivision under these regulations may occur only under those regulations in effect at the time a subdivision application. for approval of a preliminary plat is deemed sufficient according to ~18.OC~.04p, BMC, or for an extension under Chapter 18A6, BMC is subnutted to the City of Bozeman. B. Non-subdivision. Review of nonsubdivision applications shall be under such regulations as are in effect at the time an application for approval of a preliminary site plan is deemed complete according to ~ 18.34.070, BMC~, except that an interim zoning ordinance adopted according to ~ 76-3-3q6, MCA shall apply to a nonsubdivision application without linutatian to the date of completeness of the application until final action has been taken on the. application. .An applicant may waive, in writing, the shield from changing ordinances established by this section. In the event that such waiver is provided, the rton-subdivision application shall be reviewed under the ordinances in effect on the date of the final action on the application. 18.64.090 PLANNING DIRECTOR AND BUILDING OFFICIAL -PLAN APPLICATION CHECKING -NOTICE OF NONCO;MI'LIANCE A. It is the intent of this title that the Planning Director and Building (:official, or their designees, shall check all development plans and applications for permits for compliance with this title both before and during construction. B. If, during this procedure, the Planning Director and/or the Building Official deetras that the proposed plan ar constntction does not comply with this title, he shall inform the applicant of the infraction and shall stop all construction on the project until such time as the applicant, builder or principal revises h.is plan to conform to this title and/or fulfills the requirements of any mandated review procedure(s) as set forth in this title. 18.44.100 BUILDING PERMIT REQUIREMENTS No btu.lding or other structure shall be erected, moved, added to or structurally altered and no land use shall be changed without valid permits as prescribed in this chapter. A Only minor site surface preparation and normal n-taintenance shall be allowed prior to conditional approval by the appropriate review authority and the issuance of a building permit, providing that such activity does not include excavation for foundations or the removal of mat<~re, healthy vegetation. Upon conditional approval by the appropriate review authority, excavation for foundations and the preparation of forms may occur. However, no concrete shall be poured and no further construction shall continence until final site or sketch plan approval has been granted and until building permits have been issued.. 64-3 1. EXCEPTION: When construction and funding of public streets are occurring under the provisions of Chapter 18.36, BMC, Planned Unit Development (PUD), the issuance of building permits may be allowed prior to complotian of infrastructure improvezxzents, pursuant to the provisions established in Chapter 18J4, BMC. B. Buildin Permit. Within the limits of the City, building permits shall be obtained by following the latest version of the International Building Code (International Cade Council, 5360 South Worlunan Mill Road, Whittier, California) adopted by the City. C. The building permit shall be obtained by application to the Building Official. Applications shall be accompanied by plans in duplicate, drawn to scale showing the actual dimensions and shape of the lot to be built upon; the legal description of the parcel; the exact sizes and location on the lot(s) of buildings already existing, if any; the location and dizxzensions of the proposed buildings ar alternatives; and two copies of the approved site plan ar sketch plan as approved under Chapters 18.34, 18.36, etc, of this title. D. Ono copy of the plans shall be retYZZ•ned to the applicant after the Building Official anti Planning Director have marked each copy either as approved or disapproved. and attested. to same by their signatures. The second copy similarly marked shall be retained by the Building Department. E. Approval of any plan that has been granted based upon false information provided by the applicant shall be deemed void without requirement for further action by the City. E Based upon an approved sketch, site plan, certificate of appropriateness, conditional use permit or planned unit development (hereinafter referred to as "plan"), and after any appeals have been resolved, a building permit for the site may be requested and nnay be granted., provided such building permit is granted within one year of plan approval. Prior to lapse of one year, the applicant tray seek an extension of one additional year from. the Planning I7irectar. In such instances, the Planning Director shall determine that the terms and circumstances have not significantly changed. since the initial approval. 18.64.110 PERMIT IS5UANCE -CONFORMITY WITH REGULATIONS REQUIRED No permit or license of any type shall be issued. unless in conformance with the regulations contained within this title. Permits issued. an the basis of plans and applications approved by tho Building Official and Planning Director authorize only the use, arrangement and construction set forth in such approved plans and applications, and na other use, arrangement or construction. Use, arrangezxzent or construction at variance with that authorized shall be deemed a violation of this title, punishable as provided in this chapter. 18.64.].20 PERMITS ISSUED CONTRARY TO TITLE DEEMED VOID Any authorization, including without limitation subdivision approval, site plan approval or building pernut, issued, granted or approved in violation of the provisiatts of this title shall be null and void and of no effect without the necessity of any proceedings or a revocation or nullification thereof, azld any work undertaken or use established pursuant to any such building permit or other authorization shall be unlawful. 18.64.130 EXPIRATION OF PERMITS Every permit issued by the Building Official under the provisions of this title shall expire by limitation and become null and void if the building or work authorized by such permit has not camznenced within 180 calendar days from the date of such permits, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 calendar days. Before such work can be recommenced, a new permit shall first be obtained to do so, and the fee therefore shall be one-half the amount required far a new permit for such work, provided no changes 64-4 have been made or will be made in the oziginal plazzs and specifications for the work, and provided further that such suspension or abandonment has not exceeded one year. 18.64.140 FEE SCHEDULE A. The City Commission shall establish a schedule of fees, changes and expenses and a collection procedure for reviews, permits, appeals and other rxratters pertaining to this title. The schedule of fees for the procedures listed below shall be set from time to tune by the Caty Commission l7y resolution. The fees shall be available in the office of the Planning Director and may be altered or amended only by the City Conmission. B. No subdivision, permit, zone change, site plan, conditional use, special tempoz-ary use, planned unit development, deviation or variance shall be issued unless or uxrtil such costs, charges, fees or expenses have been paid itr £zrll, nor shall any action be taken orz proceedings before the administrative design review staff, Development Review Comn~rittee, the Design Review Board, the "Coning Comrxrission, the Planning Board or the City Comzxrission until fees have been paid u~r full. 18.64.150 COMPLAINTS OF ALLEGED VIOLATIONS -FILING AND RECORDING Whezrever a violation of this title occurs or is alleged to have occurred, any person nay file a written complaint. Such complaint, stating fully the causes and basis thereof shall be filed with the I?lanninxg Director. I-ie shall record properly such complaint and irx~zriediately investigate and take action thereon as provided by this title. 18.64.160 VIOLATION - PENALTY - ASSISTING OR ABE"T"I"ING - ADDITIONAL REMEDIES A Violation of the provisions of this title or failure to comply with any of it<s requirements including violations of conditions and safeguards established in connection with the grant of vaziances or conditional uses or any of the required conditions imposed by the Planning Director and/or City C,ornrnission shall constitute a misdemeanor. Any person who violates this title or fails to comply with. arxy of its requirements shall upon conviction thereof be fined or imprisoned or both, as set forth in state law regarding subdivision and zoning, and in addition shall pay all costs and. expenses involved in the case except as statecl in subsection 17 of this SeCtron. l.. Each day suckr violation continues shall be considered a separate offense and punishable as such.. 2. Fnr violations x-elating to plats each sale, lease or transfer of each separate parcel of land ui violation of any provision of these regulations or the Montanan Subdivision and Platting Act shall be deerrxed a separate and distinct offense. B. The code compliance officer is authorized to issue a notice to appear under the provisions of ~4b-6-310, MCA to anyviolator of this title. C. Tl-ze owner or tenant of any building, structure, premises or part thereof, and any architect, builder, Contractor, agent or other person who commits, participates in, assists or maintairxs such violation mayeach be found guiltyof a separate offense and suffer the penalties herein provided. D. if transfers not in accordance with these regulations or the Montana Subdivision and Platting Act are made, the City Attorney shall commence action to enjoin further sales or transfers and compel compliance with all provisions of these regulations. The cost of the action must be imposed against the party not prevailing. E. When a violation has not been corrected by the property owner after written notice from the City; the enforcement officer or Planning 1'-7irector xnay .seek approval for filing at the Gallatin 64-5 County Clerk and Kecorder's Dffice a Notice of Violation or Noncompliance. Such notice shall serve to advise potential purchasers of existing violations of this title or of on-gauag enforcement actions regarding a property. Such notice shall clearly state that the parcel or development on the parcel is in violation of this title and that correction of the violation must be made prior to the City approving additional development or redevelopment of the site. The notice shall also describe the nature of the violation and applicable citations to the relevant sections of this title. 1. When such a noticexs to be filed the enforcement officer shall either: a. Through the office of the City Attorney bring an action for civil and/ar injunctive relief that requests a court order to record a Notice of Violation or Noncompliance; or 1?. Schedule a public hearing to be held before the city Comrxaission with the intention of receiving an order froze the City Cprnrnission confirzx~.ng the validity of the violation and the need for correction, and authozizing the recording of the Notice of Violation or Noncozxzpliance. Notice of such a hearing shall be provided as required by Chapter 18.76, BMC. 2. When a violation has been corrected for which a Notice of Violation or Noncompliance was filed, the City shall record a release of noncompliance indicating that the prior violation has been corrected. The property owner is respozzsible for notifying the Plannuig Department in writing of the correction of the violation or noncompliance. Upon receipt of such notification by the property owner, the enforcezxzent officer shall conduct an inspection to verify correction prior to the recording of the release. F. The City zzaay maintain an action or proceeding in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, any provision of this title. G. Nothing herein coxttained shall prevent the Cary from taking such other lawful action as is nec- essaxyto prevent or remedy any violation. G4-Ci Exhibit ~ CHAPTER 18.66 APPEALS, DEVIATIONS AND VARIANCE PROCEDURES ~s.~~.ola PL>x.>?osEs A. This chapter is adopted: ]. To establish procedures for granting relief from the requirements of this title subject to the standards of this chapter in order to preserve equitable implementation of the law, prevent special treatment to particular parties and preserve the various right`s established by the Montana and United States carxstitutians of all persons subject to tlxis title; 2. To provide through appeals of admnistrative interpretations a procedure for consideration of and resolution of disputes regarding the meaning and implementation of this title; 3. To provide through deviations a procedure far flexibility, as a rrzcans to support creativity and excellence of design, in the application of the standards of this title in overlay districts and planned. tirnit developrrzents as provided for in this title; 4. Ta provide through zoning variances a procedure for relief frozxa. the occasional inequities created by the physical standards of this title relatuig to zoning when such standards create a substantially unequal burden an a particular parcel of Land i.n a fa.shiaz~. that would otherwise prevent the reasonable use of property, owing to physical cixcuxnstances unique to that parcel; 5. To prohibit the granting of variances that would. be contrary to the public interest and erxdanger public health, safety and welfare; 6. Ta provide through subdivision varia.rxces a procedure for relief Pram standards relating to platting requirements or improvements within public riglxts-of-way when such standards would result in undue hardship and are not essential to the public health, safety and general welfare; and 7. To allow for appeals from decisions made by administrative staff approving, approving with conditions or denying applications for development approval. B. The ~3oard ©F f1Wc~.~irst~xa~n-~tCat-y. ~~r:~r~:is~ian shall hear and decide appeals of adzninistz~tive decisions, variances and. deviations as follows: ~~epted~t~z.~a~-do- A~--a~i~~-~z~~y`'~pea~-tke z~~.z'alydcck;: ,-.~~L,a_7~1.~ ,..7]:icccc~~-ic~i-rl..o :.lo,l «l,:r f ~. Authorize in specific cases such deviations from the terms of this title relating to zoning as will advance the intent and purposes of this title and meet the standards established for the granting of deviations; ~2. Authorize in specific cases such zoning variances from the physical. standards of this title, exclusive of those items included as subdivision variances, that will not be contrary to the public interest, where awing to special conditions a literal enforcement of the provisions will result in unnecessary hardship, and so that the spirit of this title shall be observed and. substantial justice donem;~.~r~ C';. _Tlae C:it Q~rnnussi.an shall lre:ar and decide a ~ cols of adnrirxistrative d.ecisiorrs var-iaracc:s and. deviat"cons as fc:allc~«~s: 6G-1 _1......--------~'~!he ~...l~z:c.l~ixi~ec3.,_}7tr....5. c.ctic7rt._1_$._(.,4.0 ~ D.C;,._IiIvZC _-.t a. _. Aut.h.orizc~in. s~eci:fic eases such. dt.:viaticaras ~rc~zrz thE: terms of this tirlc_~ y;c~l,~rtitig_tc~. zozaing as will advanr.e the intent~azac~ 17u.~?cases of this title: an.d,_rz~cet._tht_ st,~nck,,~trdg_establi5hc:d .for the grantia~cyf ddevi. atiansia.nd b,_,_ Authorize ii specific cases stack ;r~ar?ir~vari,~nces frozra the,-I?}z~~sc<~l,standards of t~ais titlc,_e~tltrsivr;_~?f those items iraclttd.ed as sulodivisian variarac.c.5, t}a<at.~~ill not lie c~c~nt~ai~ tcz tl~c..l~r.~k~lic izaterest~where a~;a.l; tca,_s,pcc,z<tl....cc~z~atuaras rl_.l~te~;al ~nlcyrcerxaer~G ol, the„ptc~v_z5tc~.~?.s,~ll r~sult_ in unner~55 ir.~~ }aarc~shi~~, and so t1~;,~t..t,hc .,pirit.caf tht5.ttle Shill be ~~SServca, azaci sialastanta~nl~ustic:e c~c~~t~c,,. Z.,4. Authorize in specific cases such subdivision vaz-iances £ram the platting requirerraents and standards for improvements within public rights-of-way required by this title where it is found that strict cotxtpliance would result in undue hardship and is not essential to the public health, safety and general welfare. 3. ~C:;~ansi.clcr_ap~~c~als_..frc~za~ cfecisinz~as of the I'lanr~,Director. r~:gardang_su1?~~.ivisinz~ ~ac~xa tiozas. _...P~~~._~. _.._._._...._~_......Cc;>z~sic~e,r,c-l~viat~ions.-tc~_staiXCia~~9s_of the tixlc,~.:.~l~en~n~+r~>sec~_thrc:~xi:~kz_a._planriecJ._unit deg c:~c~l?zxaerxi:. S, Hear and decide a cats where it is alle ed there is error in an order re uirement decision or determination made b an administrative official in the enforcement of this title or of any_standards adopted pursuant thereto ~An a~erieved person naz~~~peal the final decision of the Plaxaxzix~ Director in the manner ~rnvided in this chapter 18.66.020 HEARING AND NOTICE REQUIREMENTS A. There shall be a hearing before the._13c~~~,rci of ..,Ad..,j„~astrz~cnt rar City Comrxaissioza, for any appeal of ad.zxainistrative decisions and interpretations and for each application for any variance or deviation. The hearing shall be held. at an appointed tune and place. Testimony shall be taken by the I3Q11,_or, Commission from persons interested in the application and fraxn the Planning Department staff. 13. The Planning Director or Clerk o£ the Carnmission shall give .public notice as required lay Chapter 15.7~~, BMC of all public hearings to be held before the BC~11 or City Commission. Notification of appeal procedures shall be included in the initial posting and notice of the proposal, provided that an initial posting and notice is required byChapter 1$.76, BMC. 18.66.030 ADMINISTRATIVE PROJECT DECISION APPEALS A. Ara aggrieved person nay appeal the final decision o£ the Planning Director in the manner provided in this section. Any appeal of a final admixistrative decision to approve, approve with conditions or deny an application shall be an appeal on the basis of the information available to the Planning Director including this title, all submitted application materials, review and recorz~rraendatioras by administrative staff or advisory bodies, public comment and such other materials as were available. Denial of requests for waiver or alteration of applicable regulations is not a decision subject to appeal of an adnnistrative decision. This section shall also apply to decisions by the Planning Director regarding evasion of the Subdivision and Platting Act per ~l$.10.070, .BMC. B. Application o£ Appeal I?ra_cedtzres. Appeals from administrative staff to the City Commission or the courts are set Earth in the various sections of this title. Said appeals are pemxitted under the provisions of this section in the manner set forth herein. 66-2 1. These appeal procedures shall apply to the decisiozis brought forth by the Planning Director. 2. Appeals shall be from the Planning Director to the City Cornnvssian accora_~t~ 5ectic~at 18.f,6.010~~3:M.C~~. 3. Xn reviewing an appeal the City Comnssion shall consider the applicatinn as if it were the original approval. C. Filing of Notice of Ata~eal. An appeal shall be taken by filing with the C1erl~ of the Cozxux~ission a notice of intent to appeal by 5:00 pm nn the fouzrth business day following the final decision of the Planning Director, and a documented appeal and appeal fee within seven business clays of the final decision of the Planning Director. Such notice of intent to appeal shall include the following: 1. The action of the Planning Director which is the subject of the appeal; and 2. The date of such action. D. Appeal. Contents. Tn all cases, the complete appeal application shall include, and shall not be deemed filed until, all of the materials required by X18.78.140, BMC is submitted. E. Notice of Appeal. Once a complete appeal has been filed and a hearing date is set, notice of the appeal shall be provided in the sazxze fashion as w-as required for notice of the initial application. The date, time and location for t:he_public;_..hearing c,~n the a~rappeal before the Cary Cozxzmission shall be included in the required. notice of the appeal. F. Schedulinv~ of the Hearing. Upon receipt of a cozxzplete appeal application the Clerk of the Commission shall place the appeal nn the next available regularly scheduled City Coz-nzzzission agenda for scheduling. The City Cazxzrzussion shall schedule the heaz~izig of the appeal within thirty working days of the agenda item to set the hearing date. C7. Material. The material to be considered by the City Commission shall be the record of the project review, including the Planning Director's decision, in addition to materials that may be submitted during the processing and review of the appeal. 1. No less than fourteen calendar days prior to the appeal hearing before .the City Commission the Plaxznixzg Department shall transfer the entire record of the application to the City Conatrzissian. 2. Any rnateriaLs submitted by the appellant shall be provided to the Ciry Commission no less than fourteen calendar days prior to the appeal hearing before the City C:omnvssian. H. Procedure of thethe Hearin-.g. At the hearing on the appeal, the following procedure shall be followed: 1. Only arguments and evidence relevant to the application shall be presented. The presentation shall be made in the following order, subject to such lirnitatians, in time and scope as maybe imposed at the discretion of the presiding officer: a. Explanation of the application and nature of the appeal and presentation by Planning Department Staff; b. Presentation of position by the applicant and/nr representative; c. Presentation by any person who is a proponent or an opponent of the application; and d. Motion, discussion and vote by the City Comzrussion. 2. No person making a presentation shall be subject to cross-examiaa.taon except that members of the City C.~ommission and the City Attorney may inquire of such person fnr 6(i-3 the purpose of eliciting information and for the purpose of clarifying information presented. I. Alternative Actions Available to the_A.Pp~at~Body. At the conclusion of the hearing, the City Commission shall approve, approve with conditions or deny the application.. 18.66.040 ADMINISTRATIVE INTERPRETATION APPEALS A. A request for appeal of an interpretation of this title, including classifications of use per Chapter 18.14, BMC, shall be trade by filing an application, with appropriate fees, with the Clerk of the Commission within 30 calendar days of the interpretation decision. After receiving a completed application the Clerk of the Carrurrission shall schedule a hearing at a regular Commission meeting. In all cases, the complete application shall include, and shall not be deemed filed until, all of the materials regtured by X18.78.150, BMC are submitted. B. The Comrission shall cause to be made such investigation of facts bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and. purpose of this title. During time of appeal all construction shall cease and shall rat continence until approved by the City Canurussion. C. When interpreting the meaning of this title, subsections of the ordinance shall be construed in a manner that will give effect to them all as the ordinance derives its meaning from the entire body of text taken together. D. Tlae concurring vote of four members of the Camrrussion shall be necessary to reverse any order, requirements, decisions or determination of any administrative official, or to decide in favor of the applicant. 18.66.050 DEVIATIONS All requests for deviations in the neighborhood conservation overlay district, entryway overlay districts or through the 1'UD process shall be heard by the BC7,f1.C~~ ~- ~ . Devrations znay only be applied for in conjunction with submittal of a development proposal of a type authorized by Clraptezs 18.34 and. ].8.36, BMC. Standards and criteria for award of deviations are contained in Clzapt~ers ].8.28, 18.30 and. 18.36, BMC:. The concurring vote of Cour~}~-r'ee members of the RC).ACit~~C-man-rza.~icaz~ shall be necessary to grant requested. deviations to this title. The granting of a deviation is an exercise of administrative power that can effect na change izt the ordnance. A deviation may be granted only in a specific instance perrnitting a nonconformity in order to accomplish the specific objectives of Sections 18.2$.070, 1$.30.080, and 18.36.C30.D., and provided the standards and criteria impaled are met. neviations skt~all not be granted for relief froth. procedural requirements, or to waive or vary the application of an ordinance provision izxrposing specific safety requirements, or to waive ar vary the application of other ordinances or statutes 18.66.060 ZONING VARIANCES A. Application.. A request far one ar more variance(s) shall be made by filing an application, with appropriate fees, with the Planning Director at least 30 calendar days prior to the ~C7_A. ~~e~r.riz~~~a~~t~t~tis~ic~n.z-neetiiag and shall be accompanied by the materials described in ~18.78.1G0, BMC. B. Investieationof.Facts. The ~~7~iC~tssi(~r shall cause to be made such investigation of facts bearing on the application as will. provide necessary infor-matian to assure that the action an each such application is consistent with the intent and purpose of this title. C. Criteria for G~nsideratian and Findings. In acting on an application for a variance, the ' I3C~!?~~=~~t~ shall designate such lawful conditions as will secure substantial protection far 66-4 the public health, safety aztd general welfare, and shall issue written fuYdings setting forth factual evidence that the variance Beets the standards cif ~7(~ 2-323,MC'.A ~n th~~t the v~~ri~ince: Will not be contrazy to and will serve the public interest; is necessary, owing to conditions unique to the properly, to avoid an unnecessary hardship which would uz~.avoidably result from the enforcement of the literal zneanixzg of this title: a. Hardship does not include difficulties arising from actions, ar otherwise be self imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and b. Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regulations azz previously lawful lots, and governmental actions outside of the owners control; 3. Will observe the spirit of this title, including the adopted growth policy, and do substantial justice; ~1. In addition to the criteria specified above, in the case of a variance relating to the flood hazard provisions of Chapter 18.58, BMC: a. Variances shall not be issued for areas within a floodway if aziy additional increase in flood elevations or velocities after allowable encroachments into the flaodway fringe would result; b. Variances shall only be issued upon: (1) A determination that the granting of a variance will not result in increased flood hazards, present additional threats to public safety, be an extraordinazy public expense, create nuisances, cause fraud, victimize the public, ar conflict with existing state and local laws; (2) A determination that the proposed use would be adequately floodproofed as specified in Chapter 18.58, BMC; (3) A determination that a reasonable alternate location outside the floodplain is not available; (4) A determination that the variance requested is the minimum necessary to afford relief, considering the flood hazard; and (5) Approval of the Montana Department of Natural Resottrces and. Conservation, upon request from the City, prior to formally approving any pernnit application that is in variance to these regulations. D. Authorization and. Limitations on_A~roval. The ~3C~)A~:~xx3i.~ may, after public notice and hear7ng, deny, approve or conditionally approve all requests far variances meeting all the criteria of this section, including: a. Requests to modify dirnensianal or other rrumerical requirements of this title; b. Requests for multiple variances; c. Requests to modify flood hazard district regturements subject to the provisions of Chapter 18.58, BMC, except that no variance shall be granted to allow construction of buildings within the floodway of a 100-year frequency flood as defined in Title 76, Chapter 5, MCA; and d. Requests for variances in conjunction with conditional use permits, except planned unit developments. Approvals of all such variances shall be conditioned upon ,E301~~=it-y-E:;~~r~~ra.-t~:~if~f3 approval of the conditional use permit. 66-5 The scope and extent of the variance(s) shall be limited to the minin~.um relief .necessary to pravide reasonable use of the property. In no case may the Bi~A£~~}m--~~:~is~i:~~a grant variances to allow uses eat already permitted pursuant to this title or alter administrative requirements of this title. Permission to change uses allowed on a parcel may be sought through a zone map amendrztent or an amendment to the text of the applicable zoning district. 4. The concurring vase of four members of the I3C~~~~~ic~ shall be necessary to effect any variance of this title, 5. Notifications of approval for variances related to flood hazard requirements of Chapter 18.58, BMC shall notify the applicant that: a. The issuance of a variance to construct a building below the 100-year flaadplain elevation will result in increased premium rates; and b. Such construction below the 100-year flood elevation increases risks to life and property. E. Effective Time for 13C)AL:~rx2tnissi~~rt Decisions -Variances Void When. The decision of the C~1'~:C:ft~°-~.~~trz~s-ire shall be final except as provided in §18.66.080, BMC. If a building permit or land use pernut is not obtained far the subject property within six months from the date of the I3C71~'s~"-~-~^~~~: °~«•y': decision, the variance shall be automatically canceled and became null and void. F. Variances are subject to X76-2-321 through ~~6-2-328, MCA,- 18.G6.070 SUBDIVISION VARIANCES A. Procedure. The subdivider shall pravide during the preapplicatian process, and include with the submission of the prelinnary plat, a written statement describing the requested variance and the facts of hardship upon which the request is based. The Planning Board shall include their findings and conclusion regarding the requested variance in its recornnnendation to the Ciry Carru~vssion. The City Commission shall then consider each variance at the public hearing on the preliminary plat. B. Review Criteria. Per X76-3-506, MCA, a variance to this title must be based on specific variance criteria, and may not have the effect of nullifying the intent and purpose of this title. The City Commission shall not approve subdivision variances unless it makes Findings based upon the evidence presented in each specific case that: 1. The granting of the variance will not be detrimental to the public health, safety, or general welfare, or be injurious to other adjoining properties; 2. $ecause of the particular physical. surroundings, shape or topographical. conditions of the specific property involved, an undue hardship to the owner would result if strict interpretation of this title is enforced; 3. The variance will. not cause a substantial increase in public costs; and 4. The variance will not, in any manner, place the subdivision in nonconformance with any other provisions of this title or with the Cit~s growth policy. C. ~ riances from Floodwa Previsions of Authorized. The City Commission may not, by subdivision variance, permit subdivision for building purposes in areas located within the floodway of a flood of 100-)year frequency as defined in Title 7b, Chapter 5, MCA. Any variances related to floodways shall meet the standards of ~18.66.O60.C.4.a, BMC. D. Conditions. In granting subdivision variances, the City Commission may require such conditions as will, in its judgment, secure the objectives of this title. Any approval under this b6-b section shall be subject to the terms of the conditions designated in connection therein. Arty conditions required. shall be related bath in ptzzpose and scope with the relief sought through the variance. E. Statement of Facts. When any variance frozxz this title is granted, the motion of approval shall contain a statement describing the variance and conditions upon which the issuance of the variance is based. F. Planned Unit Development. Where the standards and requirements of this title are proposed to be modified through a planned unit development, the applicable process shall be a deviation rather than a variance. G. Limitations on_ Approvals. For subdivision variances, the variance approval shall be nuU and void if the final plat is not filed within the tirxze allowed far final approval by the Cary Cozrunission decision. 18.6b.080 APPEALS FROM CITY COMMISSION ACTIONS A. Zoning Variances. Any person ar persazrs, jointly or severally, aggrieved by any decision of the .fiCJA c~r..City C:omrzzission under this chapter, or any taxpayer, or any officer, department, board or bureau of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal in whole or in part and specifying the grounds of illegality. Such petition shall be presented to the court within the time fr-anae established by state law. B. Znztixz~ Decisions. An aggrieved person may appeal the approval, approval with conditions or denial of a development application acted upon by the 13C)_~ ~~r_City Commission by presenting to a court of record a petition, duly verified, setting Earth that such decision is illegal in whole or in part and specifying the grounds of illegality. Such petition shall be presented to the court within the time frame established by state law. C. Subdivision Ap~aeals. A party iderzti£ied in subsection C.1 below who is aggrieved by a decision of the City Comn~.ission to approve, conditionally approve ar disapprove a proposed prelinvnary plat or final subdivision plat, including variances, may, within thirty days after the decision, appeal to the Eighteenth Judicial District Court, Gallatin County, State of Montana. The petition must specifythe grounds upon which the appeal is made. 1. The following parties may appeal under the provisions of this section: a. The subdivider; b. A landowner with a property boundary contiguous to the proposed subdivision or a private landowner within the County where the subdivision is proposed if that landowner can show a likelihood of rrzaterial injury to the landowner's property ar its value; and c. The Gallatin County Canarnissian. 2. >:f the aggrieved person is the subdivider, they may bring an action i.rz district court to sue the City to recover actual damages caused by a final action, decision, or order of the City Camrnission or a regulation adopted pursuant to this chapter that is arbitrary or capricious. 6G-7 Exhiba.t F GRAFTER ISJb NOTICING 1$.76.010 PURPOSE It is the intent of this chapter to provide for adequate notice of governmental actions to those affected by such actions. Notice is required in order for citizezas to participate in decision making which affects their interests and provides opportuzzity to receive infoz•rnation pertinent to an application that would not otherwise be available to the decision maker. In establishing standards for providing such notice, the need for expeditious processing of applications is also recognized. 18.76.020 CONTENTS OF NOTICE A. The following elements shall be included in natives issued pursuant to this title: 1. Address of the property, or its location by approximate distances froze. the nearest major street intersections, or other description to identify the affected property; 2. Legal description of the property, 3. The name and address of the applicant; ~. The Warne and address of the owner of record; The number, date, time and plane of all relevant scheduled public hearings by the City Cozx~rnission, Board of Adjustment, Planning Board ar Zoning Comzxaission, meetings of other review bodies established by this title at which final decisions shall. be made, or the date of any final public comment deadline; A description of haw and where additional information regarding the action may be obtained; and 7. A brief description of the subject of the notice. B. The following additional elements shall be included in all notices required foz• site plans, master site plans, vertificates of appropriateness, conditional use pez7mits, planned unit developments, deviations, variances and subdivisions: 1. A map of the area in question so as to indicate its general locations and proximity to surrounding properties; and 2. A reference to the appeals process for this title for notices regarding projects where the Board of Adjustment ar City C.anunission will not be ;making the final decision. C. The following additional elements shall be included in all notices required for text amendments to this title: 1. A summary explanation of the intent of the change, with reference to the exact text being available for public review. D. The applicant shall provide for the purposes of noticing a list of narxzes and addresses of property owners within 200 feet of the site, using the most current known property owners of z~ecord as shown in the records of the County Clerk and Recorder's Office and stamped, unsealed envelopes (with na return address) addressed with names of above property owners, and/or labels with the names of the above property owners, as specified on the appropriate application. 18.76.030 NOTICE REQUIREMENTS FOR APPLICATION PROCESSING A. The following minimum standards far timing, location of noticing area and type of notice shall be provided.. Noticing provisions are cumulative with the n~.aximum combination of noticing 7C-1 requurements being provided. When mare than one newspaper notice is required, only one of the required publication dates must fall within the minimum and maximum days required. S. If for some reason a required property owner fails to receive mail notification of a scheduled public hearing, or if one or .snare of the required posted, signs in the area or on the site far which the public hearing is being held is inadvertently moved through no fault of the City, this in no way shall invalidate the legal notice requirements of the scheduled public hearing. C. Nptice may also be provided to property owners in any additional area that may be substantially impacted. bytlae proposed change or use as determiized by the Planning Director. Table 7G-1 A lication Minimum Da s'~ Maximum Da s~ Distance' -.-__._.. ~. _._____~._._..._._......_.. Notice T e Tent Amendment 15 45 NA News a er 3 times ~MA~ 15 45 200 Newspaper once, post an-site, mail 1st class l MAz- Resulting from ordinance changes 15 45 Nine News a er 3 times 7MA.Z- Annexation w/ initial zoning 15 45 None Newspaper?,-tirnes~nce, pest on-site, rrtail 15C class Variance - flr~c>dplain, zoning, and subdivision 15 45 200 Newspaper once, post on-site, mail 1st class Public A ene Fxezn tion 15 45 Nnne News a er once Deviation 15 45 200 Nrwspaper nnc:e, post on-site, mail 1st class Appcals3 15 45 2003 Post on-site, mail 1st cl~iss Sketch Plan/I~use/Change in Use/Fuzther Develo meat None Nane None Nane Sketch Plano 15 45 None Post on-site Informal/CrinCe t Plan None None None None Prelunirt Site Ilan ar Master Site Plan 15 45 200 Past nn-site, mail 1st class PreliminaryPLDs 15 45 200 Ne~~spaper once, post on-site, mail 1st <:lass Prelurtinary C;UI'6 15 45 200 Newspaper once, post on-site, mail 1st class Flood lain I'erznit 15 45 20D News a er, mail 1st class C;C~A' None None None None Final Site Plan None Notte None None Final PUD Plan None None None None Final CLTP Ian None None None None Subdivision Exem tion None Nane Nane None 1st Minor Subdivision without variance- Prelimuia Plat 15 45 ,200 Mail 1st class 1st Minor Subdivision with variance/2nd Minor/Major Subdivision - Preliminary Plat 15 45 200 Newspaper8, past ozt-site, snail 1st class', certified mailtn Final Plat None None None None Notice of Violationtt 15 45 Nane Post on-site, certified mail to landowner ' The distarxe from. the ex terz'nr property F~urxlctry of the site to all or part ~ anc~tJa:r party of larxl za/xse oz~ers rrr~st 1~ notzfi~ ~a ~cne»nrzmtal adipn This dtstarxe irxlarcl~ the width c¢a right-o f ~¢uy or a*1x~• pufa'ic vur,~rship. zZorzr Map A rrt~lrrz~~ ~apter 18.70, BMC •'.l'ast~ arx~ rrrailing only applies to appr~tls token firnn aGtiiors to app~rnr~ appmre ieitl~ crnxls'tiaras m• dozy a dc~oprrx~u ~ntrposal argil not to appeals ~adrrzrristrazzze intefq»etdtarnx. 76-2 4Skc~B7 plans for addi72~ dz¢tllir2~s in the ne'ad7b~iocxl cor2serurtion ourlay r/istrict, de7rxdition g~ cvttC>~Gutir~g stn~ures in tlae rxildrla~rho~el crmaeruzt:on ou~n'av dIStrrct, or rrzd~cattr~ ~~e~tlurels. fPlarmr~l Unit Derelolm2~7y ~pter 18.36, BMG GC.~zliticn7al Ilse Pe»rit, Chapter 18.34, BMC 'CertifzoxtF: grAppn~prrater~ss, C7azpter5 18.28 arxi' 18.30, BMC ,,/' BWIy X'I7, r~'Y4SIA7~.1°' I7C7fi(P bS Yq~1~ t~C r3V7tZCE s/mu ~C'~Jlfl71~T5{Xi~ 272 a YC(¢FpaptY `9 gP.liCral C~1'tlfldtiOrl 9Matl by 1=~ class to all larzlour~rs e¢ithir2.200 j`c~t exc~t tfaase sul~'EZt to certt~2Efl r7uil row rmil rra~t lx sern to nzvrd~l punliasetx In2eler mrnrad for dry in addition to ozp7ers ~ ph}~ICUIIy cornilrrass p2,~ty arzl tho sulxlixider. " Notius of Violation sul~jc~z to ~18.64.150.E, BMC, ' z Dad prior to the dose of the p2tf~u cr~7~rt pericxl r»' public' 4xrtrirg urns cx6x~zwse s~zfial in this title: 18.76.040 NOTICE OF CITY APPROVAL WITHIN NEIGHBORHOOD CONSERVATION AND ENTRYWAY OVERLAY DISTRICT'S In order to inform adjacent prnperty owners and residents that an application within an overlay district has been approved by tlae City, any site approved far construction or alterations within an overlay district shall be posted with a notice supplied by the T'lanning Department. The notice shall be posted in a canspicuaus place an the site before any construction begins and maybe removed when the project is substantially complete. The notice shall specify the name of the owner of record, the address of the praperty; a description of the scope of work approved and tl~.e date of City approval. 7Ci-3