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Home My WebLink About21- Ordinance 2070 Updating Form & Intensity Standards Ordinance 2070 Page 1 of 9 ORDINANCE 2070 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA REVISING THE BOZEMAN MUNICIPAL CODE TO INCREASE THE ALLOWABLE HEIGHT IN SEVERAL ZONING DISTRICTS TO ACCOUNT FOR A CHANGE IN CONSTRUCTION INDUSTRY STANDARDS AND TO INCREASE THE HEIGHT IN R-O AND B-2 TO ALLOW FOR AN ADDITIONAL STORY, REDUCE THE NUMBER OF ROOF PITCH CATEGORES, AND CHANGE THE COMMERCIAL FRONT SETBACK DESIGNATIONS TO REFER TO 38.510 – BLOCK FRONTAGE STANDARDS BY AMENDING 38.320. – FORM AND INTENSITY STANDARDS TABLE 38.320.030.C (TABLE OF FORM AND INTENSITY STANDARDS—RESIDENTIAL DISTRICTS), TABLE 38.510.030.G. (OTHER BLOCK FRONTAGE STANDARDS), TABLE 38.320.050 (TABLE OF FORM AND INTENSITY STANDARDS—NON- RESIDENTIAL AND OTHER MIXED-USE DISTRICTS) AND 38.510.030.H. WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Section 76-2-304, MCA; and WHEREAS, City is committed to reviewing and improving the Unified Development Code; and WHEREAS, the City has developed a platform to submit revisions to the Unified Development Code to improve overall functionality and ease of use; and WHEREAS, it has been identified that current allowable heights do not reflect the current industry standard room heights; and WHEREAS, it has been identified that the R-O district is an underutilized district with many vacant properties throughout Bozeman; and WHEREAS, it has been identified that the amount of roof pitch categories should be simplified; and DocuSign Envelope ID: 999DA643-D7D1-457B-A759-D4E2A48EC5E0 Ordinance 2070 Page 2 of 9 WHEREAS, it has been identified that there is conflicting language regarding front setback requirements; and WHEREAS, the Bozeman Community Plan 2020 supports additional opportunities for infill and an increase in allowed density of development, and WHEREAS, it is in the interests of the City and public welfare to revise the Bozeman Municipal Code to reflect industry design standards and increase the ease of use of the UDC. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Table 38.320.030.C – Density, building height, and setbacks, of the Bozeman Municipal Code be amended as follows with all other portions remaining unchanged: Use Type/Standard Zoning District R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Density, floor area and lot coverage Density, minimum (dwellings per net acre) (38.320.020.B) 2 5 5 5 8 8 1 6 5 Lot coverage, maximum 2 (38.320.020.C.1) 25% 40% 3 40% 3 40% 3 50% 3 - — 40% 3 Floor area ratio, maximum 4 (38.320.020.C.3) 0.45:1 0.5:1 0.75:1 1:1 1.5:1 — 1.5:1 — Maximum building height (feet) (38.320.020.E) Roof pitch in feet R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Less than 3:12 24 28 24 28 24 30 32 36 34 40 44 5 505 34 50 24 28 3:12 or greater but less than 6:12 30 42 28 40 28 40 38 46 38 50 48 5 605 38 60 28 40 6:12 or greater but less than 9:12 34 32 32 40 42 52 5 42 32 DocuSign Envelope ID: 999DA643-D7D1-457B-A759-D4E2A48EC5E0 Ordinance 2070 Page 3 of 9 Equal to or greater than 9:12 38 36 36 42 44 54 5 44 36 Minimum setbacks (feet)(38.320.020.F) Front setback 15 6 15 15 15 15 15 7 15 15 Setback to an individual garage oriented to the street 20 8 20 8 20 8 20 8 20 8 20 8 20 8 20 8 Rear setback 20 6 20 20 20 20 20 20 20 Side setback 5 6 5 9 5 9 5 9 5 9 5 9 5 9 5 9 Section 2 That Table 38.320.050 - Table of Form and Intensity Standards— Non-Residential and Other Mixed-Use Districts of the Bozeman Municipal Code be amended as follows with all other portions remaining unchanged: Standard Zones Commercial Zoning Districts UMU Industrial Zoning Districts PLI NEHM U B-1 B-2 B-2M B-3 BP M-1 M-2 Lot and floor area standards Minimum lot area (square feet) (38.320.020.A) 5,000 — - - — 43,56 0 7,500 — — 5,000 1 Minimum lot width (feet) (38.320.020.A) 50 100 — — — 150 75 100 — 50 Maximum lot coverage (38.320.020.C) 100% 100% 100% 100% 100% 4 60% 100% 100% - 40%— 100% 5 DocuSign Envelope ID: 999DA643-D7D1-457B-A759-D4E2A48EC5E0 Ordinance 2070 Page 4 of 9 Minimum floor area ratio (38.320.020.C) — — — — 0.50 — — — — — Building height standards (feet) (38.320.020.E) Minimum building height — — — — 22 6 — — — — — Maximum building height Variable 8 55/70 9 55 10 6010 45 50 45 50 — 45 50 Minimum floor to ceiling height 13 13 13 13 13 — — — — — Roof pitch < 3:12 34 40 38 7 507 38 7 427 Roof pitch 3:12 or > 38 45 44 7 607 44 7 487 Minimum setback (feet) (38.320.020.F) Front Setback Front setback provisions are set forth in the block frontage standards in division 38.510. 25 11,17 20 11 20 11 0 12 20 11 Front Setback Front setback provisions are set forth in the block frontage standards in division 38.510. Setback to an individual garage oriented to the street — 20 20 20 — — — — — 20 Rear Setback 10 10 10 13 0 15 0 20 17 3 3 0 12 3 Side Setback 5 14 5 14 5 14 0 15 0 15 17, 14 3 14 3 14 0 12 3 Side or Rear Setback Adjacent to Alley 5 5 5 5 5 5 5 5 5 Parking & loading areas (feet) Note 15 Note 15 DocuSign Envelope ID: 999DA643-D7D1-457B-A759-D4E2A48EC5E0 Ordinance 2070 Page 5 of 9 Front Setback Note 11 Note 11 Note 11 Note 11 Note 11 Note 11 Note 11 Note 11 Rear Setback 10 16 10 16 5 16 0 17 - — — Side Setback 8 16 8 16 5 16 0 17 - - - Garages and special parking standards Residential Garages — Note 18 Note 18 Note 18 — — — — — Note 18 Special Parking Standards Note 19, 20 Note 19, 20 Note 19, 20 Note 20 Note 19, 20 Note 20 Note 19,20 Note 19,20 Note 20 Notes: 7. B-2 height Height exceptions: a. Maximum height may be increased by up to a maximum of 50 percent when the zoning district is implementing a regional commercial and services growth policy land use designation. b. Maximum height otherwise cumulatively allowed by this section may be increased by 30 percent through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. Section 3 That Table 38.510.030.G Other block frontage standards be amended as follows with all other portions remaining unchanged: Element Standard ( refers to departure opportunities, see subsection 38.510.030 below) Ground floor land use Land use See Tables 38.310.030-.040 for permitted use details. Building placement Where allowed in the applicable zoning district, buildings may be placed up to the sidewalk edge provided block frontage standards herein are met (except where otherwise noted herein). 10' minimum front setback for other buildings., except DocuSign Envelope ID: 999DA643-D7D1-457B-A759-D4E2A48EC5E0 Ordinance 2070 Page 6 of 9 Element Standard ( refers to departure opportunities, see subsection 38.510.030 below) where greater setbacks are specified in the district per division 38.320. See section 38.510.030.J for special design provisions associated with ground level residential uses adjacent to a sidewalk. Building entrances Building entrances facing the street are encouraged. At least one building entry visible and directly accessible from the street is required. Where buildings are set back from the street, pedestrian connections are required from the sidewalk. Façade transparency For storefronts, at least 60% of ground floor between 30" and 10' above the sidewalk is required. Other buildings designed with non-residential uses on the ground floor within 10' of sidewalk, at least 30% of the ground floor between 4'-8' above the sidewalk. Other buildings, at least 10% of the entire façade (all vertical surfaces generally facing the street). Window area that is glazed over or covered in any manner that obscures visibility into the storefront space must not count as transparent window area. Weather protection At least 3' deep over primary business and residential entries. Parking location Also see division 38.540 of this division for related parking requirements There are no parking lot location restrictions, except that a 10' buffer of landscaping between the street and off street parking areas meeting the performance standards of division 38.550 of this division is required. Landscaping Also see division 38.550 of this division for related landscaping standards The area between the street and building must be landscaped and/or private porch or patio space. For setbacks adjacent to buildings with windows, provide low level landscaping that maintains views between the building and the street. Also provide plant materials that screen any blank walls and add visual interest at both the pedestrian scale and motorist scale. For extended wall areas, provide for a diversity of plant materials and textures to maintain visual interest from a pedestrian scale. Sidewalk width Where storefront buildings are proposed, sidewalks must meet storefront block frontage standards above. Otherwise, 6' minimum sidewalks are required adjacent to arterial streets and public parks and 5' minimum width in other areas, except the DocuSign Envelope ID: 999DA643-D7D1-457B-A759-D4E2A48EC5E0 Ordinance 2070 Page 7 of 9 Element Standard ( refers to departure opportunities, see subsection 38.510.030 below) review authority may require wider sidewalks in special areas where called for in adopted plans or where significant pedestrian traffic is anticipated. 3. Departure criteria. Departures to the above standards that feature the symbol will be considered by the review authority (per section 38.250.060) provided the alternative proposal meets the intent of the standards, plus the following criteria: a. Minimum setback. Provide design treatments that create an effective transition between the public and private realm. This could include a stoop design to other similar treatments that utilize a low fence, retaining wall, and/or hedge along the sidewalk. b. Façade transparency. The design treatment of a façade and/or landscape element provides visual interest to the pedestrian and mitigates impacts of any blank wall area. H. Block frontages in the industrial zones are subject to the standards for "Other" streets as set forth in subsection G above except: 1. Minimum front setback provisions of division 38.320 supersede the building location provisions set forth in subsection G.2 of this section. 2. Planting areas between the sidewalk and the building, outdoor storage, or parking areas must be at least 10 20 feet in depth and are encouraged to meet the landscaping standards of division 38.550. Departure: Reductions in the landscaping frontage may be considered for low volume and low visibility streets entirely within the industrial zone. Land uses with a higher density of employees warrant standard landscaping and pedestrian access provisions. Section 4 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. DocuSign Envelope ID: 999DA643-D7D1-457B-A759-D4E2A48EC5E0 Ordinance 2070 Page 8 of 9 Section 5 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full force and effect. Section 6 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 7 Codification. This Ordinance shall be codified as indicated in Sections 1-3. Section 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. DocuSign Envelope ID: 999DA643-D7D1-457B-A759-D4E2A48EC5E0 Ordinance 2070 Page 9 of 9 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 11th day of May, 2021. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 8th of June, 2021. The effective date of this ordinance is July 8, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 999DA643-D7D1-457B-A759-D4E2A48EC5E0