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Home My WebLink About18- Ordinance 1978 Repeal and Replace Chapter 38 of the Bozeman Municipal Code (UDC Update) Attachment B, Strikeout and Underlined Revisions Ordinance 1978 Attachment B JULY 28, 2017 DRAFT FOR PUBLIC REVIEW (Revision December 11, 2017) (Revision January 4, 2018) Comments on this draft may be submitted to agenda@bozeman.net or mailed to City of Bozeman, Department of Community Development, Attention Tom Rogers, P.O. Box 1230, Bozeman, MT 59771-1230 Revisions to the text are expected as the review process proceeds. This draft replaces all prior drafts. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 2 December 20, 2017 UDC update 7-28-2017 draft UNIFIED DEVELOPMENT CODE REORGANIZATION & UPDATE New Organization 1. General provisions (user guide, and purpose & authority) 2. Permits, legislative actions & procedures (consolidates project applications, review procedures, and approval criteria) 3. Zoning districts & land use (introduces zones, permitted uses, and density & dimensional standards) 4. Community design (includes standards related to public and larger scale community design issues such as streets, block size & connectivity, subdivision design, and parks) 5. Project design (includes standards to apply to the design of individual developments, including development frontages, site planning, building design, parking, landscaping, signage, etc.) 6. Natural resource protection (mostly wetlands and floodplain regulations) 7. Definitions These article titles are broad enough that future code amendments should easily be able fit within one of the articles (without having to add new articles at the end – a common current practice). Updated Chapter Hierarchy The pyramid to the right identifies the updated hierarchy of the reorganized code. The chart on pages 3-5 compares the article organization of existing code with the proposed code (in several cases, current articles may be consolidated under one article as separate “divisions”). Chapter (38) Article (1-7) Division (ex. 38.100) Part (some divisions have multiple "parts") Section (ex. 38.100.010) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 3 December 20, 2017 UDC update 7-28-2017 draft Other User-Friendly Changes Two other notable user-friendly changes have been made to this draft UDC update: 1. Emphasize clear tables over long and often repetitive text lists. The best examples of this are the permitted use and form and intensity standards charts in Article 3. Currently, there are several permitted use charts spread among multiple articles. In the proposed update, the use charts are consolidated into two groups: one for residential-based districts and another for commercial and mixed-use districts. A similar approach has been taken with the form and intensity standards. 2. Illustrations are now located together in the section with applicable standards or provisions, rather than clustered at the end in an appendix. This makes them much more accessible. Existing Code Citations For each section in the proposed new code, there is a citation of the applicable existing code number in parentheses and italicized. This citation will be removed in the final draft. Tracking Content Changes Outside of the organizational changes, changes to the code text are tracked in two ways. (1) Where existing and proposed text are integrated, changes are shown in Track Changes format with additions and deletions shown as such. (2) For sections and subsections that are entirely new, such sections or subsections include “(new)” after the title. The section will not be underlined. Consider the section in its entirety. (3) Text in blue refers to amendments accepted by the commission, but not yet formally adopted. (4) All changes, additions, deletions, and modifications made to the July 28, 2017 draft are highlighted in GREEN. (5) The removal of new text in the July 28, 2017 draft being deleted is shown with double strikethrough. Comparison Between Existing/Proposed Organization The chart on the following pages runs through each article and identifies the new location for the UDC components.. For each existing/proposed article and division there are italicized notes indicating corresponding location of the provision in the existing/proposed code. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 4 December 20, 2017 UDC update 7-28-2017 draft Comparison Between Existing/Proposed Organization Existing Organization (proposed new location in code re-org) New Code Re-Organization (current code location) Article 1: General Provisions Article 1: In General (proposed Division 38.100) Article 1: General Provisions 38.100 In general (current Article 1) 38.110 Adopted plans, standards & resolutions (new) Article 2: Permits, Legislative Actions & Procedures Article 2: Subdivision And Platting Administration Procedures (proposed Divisions 38.240 Part 1) Article 2: Permits, Legislative Actions & Procedures 38.200 Jurisdiction & scope of authority (existing Article 34) 38.210 Development Review Committee (DRC), Design Review Board (DRB), Administrative Design Review Staff (ADR), Wetlands Review Board (WRB), Board Of Adjustment (BOA) Jurisdiction & Scope of Authority (existing Article 33) 38.220 Applications & noticing (existing Articles 38, 40 & 41) 38.230 Plan review (existing Article 19) 38.240 Subdivision procedures (existing Articles 2-6) 38.250 Appeals, deviations & variance procedures (existing Article 35) 38.260 Text & zoning map amendments (existing Articles 36 & 37) 38.270 Improvements & guarantees (existing Article 39) 38.280 Nonconforming situations (existing Article 32) Article 3: Review Procedures For Subdivisions (proposed Division 38.240 Part 2) Article 4: Land Subdivisions Created By Rent Or Lease (proposed Division 38.240 Part 3) Article 5: Subdivision Exemptions (proposed Division 38.240 Part 4) Article 6: Subdivision Certificate (proposed Division 38.240 Part 5) Article 3: Zoning Districts & Land Uses Article 7: Zoning Districts And Zoning Map (proposed 38.300.010) Article 3: Zoning Districts & Land Uses 38.300 Zones, maps & designations (existing Article 7) 38.310 Permitted uses (related portions of existing Articles 8- 14) 38.320 Form & intensity standards (related portions of existing Articles 8-14) 38.330 Zone specific provisions (related portions of existing Articles 9-15 that don’t fit in 38.320) 38.340 Overlay district provisions (existing Articles 16-18) 38.350 General land use standards & requirements (most of Article 21) 38.360 Index of supplemental use criteria (existing Article 22) 38.370 Wireless facilities (existing Article 29) 38.380 Affordable housing - temporary (existing Article43) Article 8: Residential Zoning Districts (proposed 38.310 and 38.320) Article 9: Residential Emphasis Mixed-Use Zoning District (proposed 38.310-330). 310 includes the permitted uses, 320 includes the form and intensity standards, and 330 includes the other special design standards; Some of the design standards here might be unnecessary if applicable Citywide Commercial/Multi-household design standards are developed as a part of Article 5 Project Design in next phase of code update. Article 10: Commercial Zoning District (38.310 and 38.320) Article 11: Urban Mixed-Use Zoning District (38.310- 330) 310 includes the permitted uses, 320 includes the form and intensity standards, and 330 includes the other special design standards; Some of the design standards here might be unnecessary if applicable Citywide Commercial/Multi-household design standards are developed as a part of Article 5 Project Design in next phase of code update. Article 12: Industrial Zoning District (38.310 and 38.320) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 5 December 20, 2017 UDC update 7-28-2017 draft Existing Organization (proposed new location in code re-org) New Code Re-Organization (current code location) Article 13: Public Lands And Institution District (38.310-330) Article 14: Northeast Historic Mixed-Use District (38.310-330) Article 15: Requirements For Creation Of A Historic Mixed-Use District (38.330.060) In Phase 2 consider whether other articles or chapters might be more appropriate. Article 16: Neighborhood Conservation Overlay District (38.340 Part 1) Consider other options in Phase 2 as there are a lot of procedural type elements. Article 17: Bozeman Entryway Corridor Overlay District (38.340 Part 2) In Phase 2, we might be able to delete this entirely depending on how the guidelines project evolves. We had suggested these provisions could be addressed as a part of the Citywide Commercial and Multi-household Design Standards – proposed for Article 5. Article 18: Casino Overlay District (38.340 Part 3) Staff noted that content could be soon deleted entirely. Article 19: Plan Review (38.230) Considerable organizational changes might be considered in Phase 2. Article 20: Planned Unit Development (38.430) Alternative locations could be considered depending on the nature of changes in Phase 2. Article 21: General Land Use Standards And Requirements (38.350) Content is integrated with the zone dimensional standards. Article 22: Standards For Specific Uses (38.360) Some may obviously be updated or deleted with Phase II update. Article 4: Community Design Article 23: Development Standards (38.320,420 & 570). This is a mix of subdivision related content that can go into 38.420 and other provisions that apply to other non-subdivision projects that fit better elsewhere. Fence provisions fit well in .320. Storage and trash enclosures can also go in .320 in the interim, but probably belong in Article 5 in Phase 2 with commercial/ multi- household design standards. Loading provisions can go with parking provisions in .540. Lighting standards fit into .570. Article 4: Community Design 38.400 Transportation facilities & access (existing Article 24) 38.410 Community design & elements (existing Article 23) 38.420 Park & recreation requirements (existing Article 27) 38.430 Planned unit developments (existing Article 20) Article 24: Transportation Facilities And Access (38.400) Consider in Phase 2 whether any material should be split out. Some content changes are likely in Phase 2. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 6 December 20, 2017 UDC update 7-28-2017 draft Existing Organization (proposed new location in code re-org) New Code Re-Organization (current code location) Article 5: Project Design Article 25: Parking (38.540) Article 5: Project Design 38.500 Introduction 38.510 Block frontage standards (existing Article 44) 38.520 Site planning & design elements (new chapter) 38.530 Building design (new chapter) 38.540 Parking (existing Article 25) 38.550 Landscaping (existing Article 26) 38.560 Signs (existing Article 28) 38.570 Outdoor lighting (mostly from 38.23.150 – but also from components of existing Articles 9, 16, 19, 21 & 22) Article 26: Landscaping (38.550) Article 27: Park And Recreation Requirements (38.420) Some of it – particularly design standards associated with multi- household and mixed-use buildings should eventually end up in Article 5 in Phase 2. Article 28: Signs (38.560) Article 29: Telecommunications (38.370) Article 6: Natural Resource Protection Article 30: Wetland Regulations (38.600) Article 6: Natural Resource Protection 38.600 Wetland regulations (existing Article 31) 38.610 Floodplain regulations (existing Article 30) Article 31: Floodplain Regulations (38.610) Article 32: Nonconforming Situations (38.280) Article 33: Development Review Committee (Drc), Design Review Board (Drb), Administrative Design Review Staff (Adr), Wetlands Review Boards (Wrb), Board Of Adjustment (Boa) (38.210) Compile as is at least in the interim. Article 34: Administration, Fees And Penalties (38.220) Larger Phase 2 adjustments are possible. Article 35: Appeals, Deviations And Variance Procedures (38.250) Article 36: Text Amendments (38.260 Part 1) Combine in the interim with zoning map amendments in 38.260. Article 37: Zoning Map Amendments (38.260 Part 2) Article 38: Supplementary Documents (38.220 Part 2) Article 39: Improvements And Guarantees (38.270) Article 40: Noticing (38.220 Part 3) Article 7: Definitions Article 41: Submittal Materials & Requirements (38.220 Part 1) Article 7: Definitions 38.700 Terms & interpretation (existing Article 42 – 38.42.010) 38.710 Definitions (existing Article 42) Article 42: Definitions (38.700) Article 43: Affordable Housing (38.380) Appendix A: Illustrations And Design Objectives (Integrated in all applicable articles) Article 44: Block Frontages (38.500) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 7 December 20, 2017 UDC update 7-28-2017 draft Chapter 38 - UNIFIED DEVELOPMENT CODE July 28, 2017 draft for public review ........................................................................................................ 1 Unified Development Code Reorganization & Update ........................................................................ 2 Contents ...................................................................................................................................................... 7 ARTICLE 1. GENERAL PROVISIONS ................................................................................................. 25 ARTICLE 2. PERMITS, LEGISLATIVE ACTIONS & PROCEDURES ............................................. 30 ARTICLE 3. ZONING DISTRICTS & LAND USES ........................................................................... 164 ARTICLE 4. COMMUNITY DESIGN ................................................................................................... 310 ARTICLE 5. PROJECT DESIGN ......................................................................................................... 372 ARTICLE 6. NATURAL RESOURCE PROTECTION ...................................................................... 488 ARTICLE 7. DEFINITIONS ................................................................................................................... 510 CONTENTS July 28, 2017 draft for public review ........................................................................................................ 1 Unified Development Code Reorganization & Update ........................................................................ 2 New Organization ................................................................................................................................... 2 Updated Chapter Hierarchy .................................................................................................................. 2 Other User-Friendly Changes .............................................................................................................. 3 Existing Code Citations ......................................................................................................................... 3 Tracking Content Changes ................................................................................................................... 3 Comparison Between Existing/Proposed Organization ................................................................... 3 Comparison Between Existing/Proposed Organization ................................................................... 4 Contents ...................................................................................................................................................... 7 ARTICLE 1. GENERAL PROVISIONS ................................................................................................. 25 38.100 In General .............................................................................................................................. 25 Sec. 38.100.010. - Citation. (38.01.010) ........................................................................................... 25 Sec. 38.100.020. - Authority. (38.01.020) ........................................................................................ 25 Sec. 38.100.030 - Jurisdictional area and application. (38.01.030) ............................................. 25 Sec. 38.100.040 - Intent and purpose of chapter. (38.01.040) ..................................................... 25 Sec. 38.100.050. - Interpretation as minimum requirements. (38.01.050) .................................. 27 Sec. 38.100.060. - Donations or grants to public considered a grant to donee. (38.01.060) ... 27 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 8 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.100.070. - Conditions of approval. (38.01.070)................................................................. 27 Sec. 38.100.080. - Compliance with regulations required. (38.01.080) ....................................... 28 Sec. 38.100.090. - Development that lies within multiple jurisdictions. (38.01.090) .................. 28 Sec. 38.100.100. - Private restrictions. (38.01.100) ....................................................................... 28 Sec. 38.100.110. - Severability. (38.01.110) .................................................................................... 29 38.110 Adopted Plans, Standards & Resolutions......................................................................... 29 Sec. 38.110.010. – Plans, standards & resolutions adopted by reference. (new) ..................... 29 Sec. 38.110.020. – Figures. ............................................................................................................... 29 ARTICLE 2. PERMITS, LEGISLATIVE ACTIONS & PROCEDURES ............................................. 30 38.200 Jurisdiction & Scope of Authority (current Article 34  Administration, fees and penalties) ............................................................................................................................................... 30 Sec.38.200.010. - Review authority. (38.34.010) ............................................................................ 30 Sec.38.200.020. - Administration and enforcement; community development director authority. (38.34.020) ........................................................................................................................... 33 Sec.38.200.030. - Enforcement; community development director. (38.34.030) ....................... 33 Sec.38.200.040. - Stop-work order by community development director, building official, city engineer authority. (38.34.040) .......................................................................................................... 33 Sec.38.200.050. - Permission to enter. (38.34.050) ....................................................................... 34 Sec.38.200.060. - Inaccurate or incomplete information and waivers. (38.34.060) .................. 34 Sec.38.200.070. - Coordinated reviews. (38.34.070) ..................................................................... 34 Sec.38.200.080. - Date of submittal and associated review standards. (38.34.080) ................ 34 Sec.38.200.090. - Community development director and building official; plan application checking; notice of noncompliance. (38.34.090) ............................................................................. 35 Sec.38.200.100. - Building permit requirements. (38.34.100)....................................................... 35 Sec.38.200.110. - Permit issuance; conformity with regulations required. (38.34.110) ............ 35 Sec. 38.200.120. - Permits issued contrary to title deemed void. (38.34.120) ........................... 36 Sec. 38.200.130. - Expiration of permits. (38.34.130) .................................................................... 36 Sec.38.200.140. - Fee schedule. (38.34.140) ................................................................................. 36 Sec. 38.200.150. - Complaints of alleged violations; filing and recording. (38.34.150) ............ 36 Sec.38.200.160. - Violation; penalty; assisting or abetting; additional remedies. (38.34.160) 36 38.210 Development Review Committee (DRC), Design Review Board (DRB), Administrative Design Review Staff (ADR), Wetlands Review Board (WRB), Board Of Adjustment (BOA) Jurisdiction & Scope of Authority (current Article 33) .................................... 39 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 9 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.210.010. - Purpose of DRC, DRB, ADR, WRB, and BOA. (38.33.010) ........................ 39 38.220 Applications & Noticing (current Articles 38, 40 & 41) .................................................... 42 Part 1: Submittal Materials & Requirements .................................................................................... 42 Sec. 38.220.010. - Submittal materials and requirements. (38.41.010) ...................................... 42 Sec. 38.220.020. - Streambed, streambank and/or wetlands permits. (38.41.020) .................. 42 Sec. 38.220.030. - Subdivision pre-application plan. (38.41.030) ................................................ 42 Sec. 38.220.040. - Subdivision preliminary plat. (38.41.040) ........................................................ 44 Sec. 38.220.050. - Preliminary plat supplements required for all subdivisions. (38.41.050) .... 46 Sec. 38.220.060. - Additional subdivision preliminary plat supplements. (38.41.060) .............. 47 Sec. 38.220.070. - Final plat. (38.41.070) ........................................................................................ 55 Sec. 38.220.080. - Site plan submittal requirements. (38.41.080) ............................................... 56 Sec. 38.220.090. - Certificates of appropriateness; additional application requirements, review procedures and review criteria. (38.41.090) .................................................................................... 61 Sec. 38.220.100. - Submittal requirements for landscape plans. (38.41.100) ........................... 62 Sec. 38.220.110. - Sketch plan submittal requirements. (38.41.110) .......................................... 63 Sec. 38.220.120. - Planned unit development submittal requirements. (38.41.120) ................. 64 Sec. 38.220.130. - Submittal materials for regulated activities in wetlands. (38.41.130) ......... 68 Sec. 38.220.140. - Submittal materials for appeals of administrative project decisions. (38.41.140) ............................................................................................................................................ 70 Sec. 38.220.150. - Administrative interpretation appeals. (38.41.150) ........................................ 71 Sec. 38.220.160. - Submittal materials for variances. (38.41.160) .............................................. 71 Sec. 38.220.170. - Submittal materials for telecommunications. (38.41.170) ............................ 72 Part 2: Supplementary Documents.................................................................................................... 74 Sec.38.220.300. - General. (38.38.010) ........................................................................................... 74 Sec.38.220.310. - Property owners' association. (38.38.020) ...................................................... 74 Sec.38.220.320. - Covenants. (38.38.030) ...................................................................................... 75 Part 3: Noticing ..................................................................................................................................... 76 Sec.38.220.400. – Purpose. (38.40.010).......................................................................................... 76 Sec. 38.220.410. - Contents of notice. (38.40.020) ........................................................................ 77 Sec. 38.220.420. - Notice requirements for application processing. (38.40.030) ...................... 77 Sec. 38.220.430. - Notice of city approval within neighborhood conservation. (38.40.040) .... 79 38.230 Plan Review (current Article 19) ........................................................................................ 80 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 10 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.230.010. - Introduction. (38.19.010) ................................................................................... 80 Sec. 38.230.020. - Classification of plans. (38.19.020) .................................................................. 81 Sec. 38.230.030. - Special development proposals—Additional application requirements, review procedures and review criteria. (38.19.030) ........................................................................ 81 Sec. 38.230.040. - Review authority. (38.19.040) ........................................................................... 82 Sec. 38.230.050. - Application of plan review procedures. (38.19.050) ...................................... 82 Sec. 38.230.060. - Special temporary use permit. (38.19.060) .................................................... 83 Sec. 38.230.070. - Sketch plan review. (38.19.070) ....................................................................... 84 Sec. 38.230.080. - Certificates of appropriateness—Additional review procedures and review criteria. (38.19.080) .............................................................................................................................. 85 Sec. 38.230.090. - Plan review procedures. (38.19.090)............................................................... 85 Sec. 38.230.100. - Plan review criteria. (38.19.100) ...................................................................... 88 Sec. 38.230.110. - Conditional use permit. (38.19.110)................................................................. 91 Sec. 38.230.120. - Special use permit. (new) .................................................................................. 93 Sec. 38.230.130. – Community design framework master plans. (new) ..................................... 93 C. Applications for community design framework master plans may be approved or denied by the review authority. ....................................................................................................................... 93 Sec. 38.230.140. - Final plan. (38.19.120) ....................................................................................... 93 Sec. 38.230.150. - Amendments to plans. (38.19.130) .................................................................. 94 Sec. 38.230.160. - Reuse, change in use or further development of sites developed prior to the adoption date of the ordinance from which this chapter is derived. (38.19.140) ................. 95 Sec. 38.230.170. - Improvements to existing developed sites independent of site plan review. (38.19.150) ............................................................................................................................................ 96 Sec. 38.230.180. - Building permits based upon approved sketch or site plans. (38.19.160) . 96 Sec. 38.230.190. - Appeals. (38.19.170) .......................................................................................... 96 38.240 Subdivision Procedures (Articles 2-6) ............................................................................... 96 Part 1: Subdivision and Platting Administrative Procedures ......................................................... 97 Sec. 38.240.010. - Transfers of title. (38.02.010) ............................................................................ 97 Sec. 38.240.020. - Effect of recording complying plat. (38.02.020) ............................................. 97 Sec. 38.240.030. - Correction of errors, amendments or vacation of recorded final plats. (38.02.030) ............................................................................................................................................ 98 Sec. 38.240.040. - Correction of recorded plat by governing body. (38.02.040) ....................... 98 Sec. 38.240.050. - Disposition of water rights. (38.02.050)........................................................... 99 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 11 December 20, 2017 UDC update 7-28-2017 draft Part 2: Review Procedures for Subdivisions .................................................................................... 99 Sec. 38.240.100. - General review procedure. (38.03.010) .......................................................... 99 Sec. 38.240.110. - Presubmittal meeting and pre-application plan review. (38.03.020) .......... 99 Sec. 38.240.120. - Concurrent review. (38.03.030) ...................................................................... 100 Sec. 38.240.130. - Preliminary plat. (38.03.040) ........................................................................... 100 Sec. 38.240.140. - Notice of certification that water and waste services will be provided by local government. (38.03.050) ......................................................................................................... 107 Sec. 38.240.150. - Final plat application. (38.03.060) .................................................................. 108 Sec. 38.240.160. - Changes to filed subdivision plats. (38.03.070) ........................................... 110 Part 3: Land Divisions Created by Rent or Lease ......................................................................... 111 Sec. 38.240.200. – General. (38.04.010) ....................................................................................... 111 Sec. 38.240.210. - Land subdivisions created by rent or lease - procedure, submittal requirements and review criteria. (38.04.020) ............................................................................... 112 Sec. 38.240.220. - Land subdivisions created by rent or lease - timing of improvements. (38.04.030) .......................................................................................................................................... 113 Sec. 38.240.230. - Land subdivisions created by rent or lease - filing of final plan. (38.04.040) .............................................................................................................................................................. 113 Part 4: Subdivision Exemptions ....................................................................................................... 113 Sec. 38.240.300. - Divisions of land entirely exempt from the requirements of this chapter pertaining to subdivisions and the state Subdivision and Platting Act. (38.05.010) ................ 113 Sec. 38.240.310. - Specific divisions of land exempt from review but subject to survey requirements and zoning regulations for divisions of land not amounting to subdivisions. (38.05.020) .......................................................................................................................................... 114 Sec. 38.240.320. - Reserved. (38.05.030) ..................................................................................... 115 Sec. 38.240.330. - Condominiums. (38.05.040) ............................................................................ 115 Sec. 38.240.340. - Exemption from surveying and platting requirements for lands acquired for state highways. (38.05.050) ............................................................................................................. 115 Sec. 38.240.350. - Procedures and general requirements. (38.05.060) ................................... 115 Sec. 38.240.360. - Exemption review criteria. (38.05.070) .......................................................... 118 Sec. 38.240.370. - Procedures for filing certificates of survey of divisions of land entirely exempted from the requirements of the act. (38.05.080) ............................................................. 122 Sec. 38.240.380. - Correction of errors. (38.05.090) .................................................................... 122 Part 5: Subdivision Certificates ........................................................................................................ 122 Sec. 38.240.400. – General. (38.06.010) ....................................................................................... 122 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 12 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.240.410. - Dedication or consent. (38.06.020) ................................................................ 122 Sec. 38.240.420. - Mortgagee. (38.06.030) ................................................................................... 123 Sec. 38.240.430. - Parkland. (38.06.040) ...................................................................................... 123 Sec. 38.240.440. - Surveyor. (38.06.050) ...................................................................................... 125 Sec. 38.240.450. - Improvements. (38.06.060) ............................................................................. 125 Sec. 38.240.460. - Governing body. (38.06.070) .......................................................................... 126 Sec. 38.240.470. - Exclusion from MDEQ review. (38.06.080) .................................................. 126 Sec. 38.240.480. - County treasurer. (38.06.090) ........................................................................ 127 Sec. 38.240.490. - Clerk and recorder. (38.06.100) ..................................................................... 127 Sec. 38.240.500. - Certification of use of exemption claim. (38.06.110) ................................... 127 Sec. 38.240.510. - Conditions of approval notifications and certifications. (New per Amendment 2f) ................................................................................................................................... 128 Sec. 38.240.520. – Certificate of completion of non-public improvements. (New per Amendment 2f) ................................................................................................................................... 128 Sec. 38.240.530. – Certificate of completion of water-related improvements. (New per Amendment 2f) ................................................................................................................................... 129 38.250 Appeals, deviations, departures & variance procedures (current Article 35) ............ 130 Sec. 38.250.010. - Purpose. (38.35.010) ....................................................................................... 130 Sec. 38.250.020. - Hearing and notice requirements. (38.35.020) ............................................ 131 Sec. 38.250.030. - Administrative project decision appeals. (38.35.030) ................................. 131 Sec. 38.250.040. - Administrative interpretation appeals. (38.35.040) ...................................... 133 Sec. 38.250.050. - Deviations. (38.35.050) .................................................................................... 133 Sec. 38.250.060. - Departures. (NEW) ........................................................................................... 133 Sec. 38.250.070. - Zoning variances. (38.35.060) ........................................................................ 134 Sec. 38.250.080. - Subdivision variances. (38.35.070) ................................................................ 135 Sec. 38.250.090. - Appeals from city commission or board of adjustment actions. (38.35.080) .............................................................................................................................................................. 137 Appeals may be made as authorized by State law. .................................................................... 137 Sec. 38.250.100. - Reasonable accommodation. (38.35.090) .................................................... 137 38.260 Text & Zoning Map Amendments (combines current Articles 36 & 37) .................... 142 Part 1: Text Amendments ................................................................................................................. 142 Sec. 38.260.010. - Initiation of amendments and changes. (38.36.010) ................................... 142 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 13 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.260.020. - Amendments; investigation requirements. (38.36.020) .............................. 142 Sec. 38.260.030. - Public hearing procedures and requirements. (38.36.030) ........................ 143 Part 2: Zoning Map Amendments .................................................................................................... 144 Sec. 38.260.100. - Initiation of zoning map amendments and changes. (38.37.010) ............. 144 Sec. 38.260.110. – Zoning map amendments and rezonings; investigation requirements. (38.37.020) .......................................................................................................................................... 144 Sec. 38.260.120. – Zoning map amendments - public hearing procedures and requirements. (38.37.030) .......................................................................................................................................... 145 38.270 Improvements & Guarantees (Article 39) ....................................................................... 146 Sec. 38.270.010. - Purpose and applicability. (38.39.010) .......................................................... 146 Sec. 38.270.020. - Standards for improvements. (38.39.020) .................................................... 146 Sec. 38.270.030. - Completion of improvements. (38.39.030) ................................................... 148 Sec. 38.270.040. - Special provisions for timing of certain improvements. (38.39.040) ......... 153 Sec. 38.270.050. - Acceptance of improvements. (38.39.050) ................................................... 153 Sec. 38.270.060. - Improvements agreements. (38.39.060) ....................................................... 154 Sec. 38.270.070. - Payment for extension of capital facilities. (38.39.070) .............................. 156 Sec. 38.270.080. - Types of acceptable securities. (38.39.080) ................................................. 158 Sec. 38.270.090. - Development or maintenance of common areas and facilities by developer or property owners' association. (38.39.090) ................................................................................. 158 Sec. 38.270.100. - Warranty. (38.39.100) ...................................................................................... 160 38.280 Nonconforming Situations (Article 32) ............................................................................ 160 Sec. 38.280.010. - Nonconforming uses. (38.32.010) .................................................................. 160 Sec. 38.280.020. - Changes to or expansions of nonconforming uses. (38.32.020) .............. 160 Sec. 38.280.030. - Nonconforming area and bulk requirements for existing lots. (38.32.030) .............................................................................................................................................................. 161 Sec. 38.280.040. - Nonconforming structures. (38.32.040)......................................................... 162 Sec. 38.280.050. - Changes to or expansions of nonconforming structures. (38.32.050) ..... 162 ARTICLE 3. ZONING DISTRICTS & LAND USES ........................................................................... 164 38.300 Zones, Maps & Designations (Article 7) ......................................................................... 164 Part 1: Zoning Districts & Zoning Map ............................................................................................ 164 Sec. 38.300.010. - Purpose. (new) .................................................................................................. 164 Sec. 38.300.020. - Use districts designated, zoning map adopted. (38.07.010)...................... 164 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 14 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.300.030. - Official map availability, certification and authority; changes. (38.07.020) .............................................................................................................................................................. 166 Sec. 38.300.040. - Official map replacement conditions. (38.07.030) ....................................... 166 Sec. 38.300.050. - Boundary interpretation guidelines. (38.07.040) .......................................... 167 Sec. 38.300.060. - Zoning of annexed territory. (38.07.060)....................................................... 167 Part 2: Zoning District Intent & Purpose Statements .................................................................... 169 Sec. 38.300.100. – Residential zoning districts - intent and purpose. (38.08.010) ................. 169 Sec. 38.300.110. - Commercial and mixed-use zoning districts - intent and purpose. (38.10.010) .......................................................................................................................................... 172 Sec. 38.300.120. - Industrial zoning districts - intent and purpose. (38.12.010) ...................... 177 Sec. 38.300.130. - Public lands and institutions district - intent. (38.13.010) .......................... 178 38.310 Permitted Uses (related portions of Articles 8-14) .................................................... 179 Sec. 38.310.010. – Interpretation of land use tables. (38.08.020 and new) ............................. 179 Sec. 38.310.020. - Classification of uses; community development director and city commission authority. (38.07.050) .................................................................................................. 179 Sec. 38.310.030 - Authorized uses - residential zoning districts. (38.08.020) ......................... 180 Sec. 38.310.040. - Authorized uses – commercial, mixed-use, and industrial zoning districts. .............................................................................................................................................................. 184 Sec. 38.310.050. - Supplemental use provisions for the urban mixed-use zoning district. .... 196 Sec. 38.310.060. – Supplemental use provisions for the residential emphasis mixed-use zoning district. (38.09.020) ............................................................................................................... 196 38.320 Form & Intensity Standards (related portions of Articles 8-14) ............................... 198 Sec. 38.320.010. – Interpretation of tables. (new) ....................................................................... 198 Sec. 38.320.020. – Form & intensity standards elements. .......................................................... 198 Sec. 38.320.030. – Form & intensity standards – residential districts. (38.08) ........................ 200 Sec. 38.320.040. – Form & intensity standards – Residential emphasis mixed-use zoning district. (38.09.030.H) ....................................................................................................................... 206 Sec. 38.320.050. – Form & intensity standards – Non-residential and other mixed-use districts. (Portions of Articles 10-14) ................................................................................................ 210 Sec. 38.320.060. – Zone edge transitions. (New) ........................................................................ 214 38.330 Zone Specific Provisions (related portions of Articles 9-15 that don’t fit in 38.320) 216 Sec. 38.330.010. – UMU District - Special standards. (38.11.070) ............................................ 216 Sec. 38.330.020. – REMU District - Special standards. (38.09.030) ......................................... 218 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 15 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.330.030. – PLI District - Applicability. (38.13.020) ......................................................... 221 Sec. 38.330.040. – NEHMU District - Special standards and requirements. (38.14.080) ...... 221 38.340 Overlay district standards (Articles 16-18) ................................................................. 222 Part 1: Neighborhood Conservation Overlay District & Historic Preservation .......................... 222 Sec. 38.340.010. – Intent and purpose. (38.16.010) .................................................................... 222 Sec. 38.340.020. - Design review board and administrative design review staff powers and duties within conservation districts. (38.16.020) ............................................................................ 223 Sec. 38.340.030. - Conservation district designation or recession. (38.16.030) ...................... 223 Sec. 38.340.040. - Certificate of appropriateness. (38.16.040) .................................................. 223 Sec. 38.340.050. - Standards for certificates of appropriateness. (38.16.050) ........................ 224 Sec. 38.340.060. - Application requirements for certificates of appropriateness in conservation districts. (38.16.060) .......................................................................................................................... 225 Sec. 38.340.070. - Deviations from underlying zoning requirements. (38.16.070) .................. 225 Sec. 38.340.080. – Review of demolition or movement of historic structures or sites. (38.16.080) .......................................................................................................................................... 226 Sec. 38.340.090. - Demolition or movement of a historic structure or site. (new per Ordinance 1920) .................................................................................................................................................... 226 Sec. 38.340.100. - Demolition or movement of a non-historic structure or site in the NCOD. (new per Ordinance 1920) ................................................................................................................ 228 Sec. 38.340.110. - Demolition or movement of an unsafe structure whether historic or non- historic. (new per Ordinance 1920) ................................................................................................. 229 Sec. 38.340.120. - Documentation and administrative procedures. (new per Ordinance 1920) .............................................................................................................................................................. 229 Sec. 38.340.130. - Safe condition and good repair. (new per Ordinance 1920) ...................... 230 38.350 General land use standards & requirements (most of Article 21) ........................... 230 Sec. 38.350.010. - Area requirements for individual buildings—Restrictions. (38.21.010) .... 230 Sec. 38.350.020. - Setbacks and lots reduction prohibited. (38.21.020) ................................... 230 Sec. 38.350.030. - Use of lands; buildings and structures. (38.21.030) .................................... 230 Sec. 38.350.040. - Dwelling unit restrictions. (38.21.040) ........................................................... 232 Sec. 38.350.050. - Setback and height encroachments, limitations and exceptions. (38.21.060) .......................................................................................................................................... 232 Sec. 38.350.060. -Fences, walls and hedges (38.23.140) .......................................................... 235 Sec. 38.350.070. –Parking and garages for single to four-household residential uses (38.08.070) .......................................................................................................................................... 237 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 16 December 20, 2017 UDC update 7-28-2017 draft 38.360 Index of supplemental use criteria (Article 22) ............................................................... 237 Sec. 38.360.010. - Purpose. (38.22.010) ....................................................................................... 237 Sec. 38.360.020. - Applicability. (38.22.020) ................................................................................. 237 Sec. 38.360.030. - Accessory buildings, uses and equipment. (38.21.050) ............................. 237 Sec. 38.360.040. - Accessory dwelling units (ADU). (38.22.030) ............................................... 242 Sec. 38.360.050. - Adult businesses. (38.22.040) ........................................................................ 243 Sec. 38.360.060. – Agricultural uses. (38.08.020) ........................................................................ 286 Sec. 38.360.060. - Alcohol sales for on-premises consumption. (38.22.050) .......................... 244 Sec. 38.360.070. - Automobile repair and/or fuel sales. (38.22.060) ......................................... 244 Sec. 38.360.080. - Community center. (38.22.210) ...................................................................... 245 Sec. 38.360.090. - Condominiums. (38.22.090) ............................................................................ 246 Sec. 38.360.100. - Convenience uses and drive-through/drive-in restaurants. (38.22.100) .. 246 Sec. 38.360.110. – Cottage housing subdivisions. (38.22.240 – Ordinance 1952) ................. 246 Sec. 38.360.120. - Essential services. (38.22.230) ...................................................................... 255 Sec. 38.360.130. - Group living. (38.22.105) ................................................................................. 255 Sec. 38.360.140. - Home-based businesses. (38.22.110) .......................................................... 256 Sec. 38.360.150. - Large-scale retail, size limitations and design and site development guidelines and requirements. (38.22.180) ...................................................................................... 258 Sec. 38.360.160. - Manufactured homes on individual lots. (38.22.130) .................................. 263 Sec. 38.360.170. - Medical marijuana. (38.22.220) ...................................................................... 265 Sec. 38.360.180. - Mini warehouses. (38.22.140) ........................................................................ 266 Sec. 38.360.190. - Outdoor sales and display. (38.22.150) ........................................................ 267 Sec. 38.360.200. - Recreational vehicle park and overnight campground. (38.22.170) ......... 268 Sec. 38.360.210. – Single, two-, and three-household dwellings. (38.08.070 and new) ....... 269 Sec. 38.360.220. - Stable, commercial. (38.22.190) .................................................................... 272 Sec. 38.360.230. - Tennis and racquet club. (38.22.200) ............................................................ 273 Sec. 38.360.240. – Townhouse and rowhouse dwellings. (new) ............................................... 273 Sec. 38.360.250. – Short Term Rentals (38.22.250) ................................................................... 278 38.370 Wireless Facilities (Article 29) .......................................................................................... 288 Sec. 38.370.010. - Intent, purpose and applicability. (38.29.010) .............................................. 288 Sec. 38.370.020. - Special submittal requirements. (38.29.020) ................................................ 289 Sec. 38.370.030. - Uses within districts and required review procedures. (38.370.030) ........ 289 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 17 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.370.040. - Standards. (38.29.040) .................................................................................... 291 38.380 Affordable Housing ............................................................................................................. 297 Part 1: Findings & Purpose ............................................................................................................... 297 Sec. 38.380.010. - Legislative findings. .......................................................................................... 297 Sec. 38.380.020. - Purpose. ............................................................................................................. 298 Part 2: Applicability and Definitions ................................................................................................. 299 Sec. 38.380.030. - Applicability. ....................................................................................................... 299 Sec. 38.380.040. - Definitions. ......................................................................................................... 299 Part 3: Requirements ......................................................................................................................... 300 Sec. 38.380.050. - Requirement to build and sell affordable homes. ........................................ 300 Sec. 38.380.060. - Number of affordable homes required. ......................................................... 300 Sec. 38.380.070. - Pricing of affordable homes. ........................................................................... 301 Sec. 38.380.080. - Timing of delivery of affordable homes. ........................................................ 302 Sec. 38.380.090. - Minimum design and construction standards for affordable homes. ........ 302 Sec. 38.380.100. - Submission of affordable housing plan; approval. ....................................... 302 Sec. 38.380.110. - Marketing, sales and occupancy of affordable homes. .............................. 303 Sec. 38.380.120. - Recording requirements upon sale of affordable home. ............................ 304 Part 4: Incentives............................................................................................................................... 304 Sec. 38.380.130. - Incentives available for affordable housing. ................................................. 304 Part 5: Alternative Means of Compliance ...................................................................................... 305 Sec. 38.380.140. - Alternative means of compliance; payments of fees-in-lieu....................... 305 Part 6: Buyer Qualification and Subsidy Recapture .................................................................... 306 Sec. 38.380.150. - Qualification of buyers of affordable homes. ................................................ 306 Sec. 38.380.160. - Subsidy recapture for lower-priced homes. .................................................. 307 Part 7: Administration & Enforcement ............................................................................................ 307 Sec. 38.380.170. - Administration. .................................................................................................. 307 Sec. 38.380.180. - Noncompliance; sanctions. ............................................................................. 308 ARTICLE 4. COMMUNITY DESIGN ................................................................................................... 310 38.400 Transportation Facilities & Access (Article 24) .............................................................. 310 Sec. 38.400.010. - Streets, general. (38.24.010) .......................................................................... 310 Sec. 38.400.020. - Street and road dedication. (38.24.020) ....................................................... 312 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 18 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.400.030. - Intersections. (38.24.030) ................................................................................ 312 Sec. 38.400.040. - Street names. (38.24.040) .............................................................................. 313 Sec. 38.400.050. - Street and road right-of-way width and construction standards. (38.24.050) .............................................................................................................................................................. 314 Sec. 38.400.060. - Street improvement standards. (38.24.060) ................................................. 314 Sec. 38.400.070. - Street lighting. (38.24.070) .............................................................................. 315 Sec. 38.400.080. - Sidewalks. (38.24.080) .................................................................................... 315 Sec. 38.400.090. - Access. (38.24.090) ......................................................................................... 316 Sec. 38.400.100. - Street vision triangle. (38.24.100) .................................................................. 323 Sec. 38.400.110. - Transportation pathways. (38.24.110)........................................................... 324 Sec. 38.400.120. - Public transportation. (38.24.120) .................................................................. 326 38.410 Community Design & Elements (Article 23) ................................................................... 328 Sec. 38.410.010. - General standards. (38.23.010) ..................................................................... 328 Sec. 38.410.020. - Neighborhood centers. (38.23.020) ............................................................... 328 Sec. 38.410.030. - Lot. (38.23.030) ................................................................................................. 329 Sec. 38.410.040. - Blocks. (38.23.040) .......................................................................................... 331 Sec. 38.410.050. - Utilities. (38.23.050) ......................................................................................... 332 Sec. 38.410.060. - Easements. (38.23.060) .................................................................................. 332 Sec. 38.410.070. - Municipal water, sanitary sewer and storm sewer systems. (38.23.070) 335 Sec. 38.410.080. - Grading and drainage. (38.23.080) ................................................................ 335 Sec. 38.410.090. - Fire protection requirements. (38.23.090) .................................................... 336 Sec. 38.410.100. - Watercourse setback. (38.23.100) ................................................................. 337 Sec. 38.410.110. - Ridgelines and viewsheds. (38.23.110) ........................................................ 342 Sec. 38.410.120. - Mail delivery. (38.23.120) ................................................................................ 343 Sec. 38.410.130. - Water rights. (38.23.180) ................................................................................. 343 38.420 Park & Recreation Requirements (Article 27) ................................................................ 345 Sec. 38.420.010. - General. (38.27.010) ........................................................................................ 345 Sec. 38.420.020. - Park area requirements. (38.27.020) ............................................................ 345 Sec. 38.420.030. - Cash donation in-lieu of land dedication. (38.27.030) ................................ 347 Sec. 38.420.040. - Park use. (38.27.040) ...................................................................................... 348 Sec. 38.420.050. - Location. (38.27.050) ....................................................................................... 348 Sec. 38.420.060. - Frontage. (38.27.060) ...................................................................................... 349 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 19 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.420.070. - Linear parks. (38.27.070) ................................................................................ 350 Sec. 38.420.080. - Park development. (38.27.080) ...................................................................... 350 Sec. 38.420.090. - Waiver of park maintenance district. (38.27.090) ........................................ 351 Sec. 38.420.100. - Waiver of required park dedication. (38.27.100) ......................................... 351 Sec. 38.420.110. - Recreation pathways. (38.27.110) ................................................................. 352 38.430 Planned Unit Developments (Article 20) ......................................................................... 355 Sec. 38.430.010. - Intent. (38.20.010) ............................................................................................ 355 Sec. 38.430.020. - Application and uses of a planned unit development. (38.20.020) ........... 356 Sec. 38.430.030. - Special conditions of a planned unit development. (38.20.030) ............... 356 Sec. 38.430.040. - Planned unit development review procedures and criteria. (38.20.040) .. 357 Sec. 38.430.050. - Plan submittal requirements. (38.20.050) ..................................................... 360 Sec. 38.430.060. - Duration of planned unit development approval. (38.20.060).................... 360 Sec. 38.430.070. - Phasing of planned unit developments. (38.20.070) ................................... 361 Sec. 38.430.080. - Enforcement of approval requirements and conditions. (38.20.080)........ 363 Sec. 38.430.090. - Planned unit development design objectives and criteria. (38.20.090) .... 363 ARTICLE 5. PROJECT DESIGN ......................................................................................................... 372 38.500 Introduction (New) .............................................................................................................. 372 Sec. 38.500.010. – Purpose. ............................................................................................................ 372 Sec. 38.500.020. – Applicability and compliance. ......................................................................... 372 38.510 Block Frontage Standards (Article 44) ............................................................................ 375 Sec. 38.510.010. – Introduction. (38.44.010) ................................................................................ 375 Sec. 38.510.020. – Community design framework maps and standards. (38.44.010) ........... 375 Sec. 38.510.030. – Block Frontage Standards. (38.44.010) ....................................................... 377 38.520 Site Planning & Design Elements (New) ........................................................................ 395 Sec. 38.520.010. – Purpose. ............................................................................................................ 395 Sec. 38.520.020. – Applicability and compliance. ......................................................................... 395 Sec. 38.520.030. – Relationship to adjacent properties. ............................................................. 396 Sec. 38.520.040. – Non-motorized circulation & design. ............................................................. 397 Sec. 38.520.050. – Vehicular circulation & parking. ..................................................................... 402 Sec. 38.520.060. – On-site residential open space. ..................................................................... 404 Sec. 38.520.070. – Location and design of service areas and mechanical equipment. ......... 410 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 20 December 20, 2017 UDC update 7-28-2017 draft 38.530 Building Design (New) ....................................................................................................... 415 Sec. 38.530.010. – Purpose. ............................................................................................................ 415 Sec. 38.530.020. – Applicability and compliance. ......................................................................... 415 Sec. 38.530.030. – Building character. ........................................................................................... 415 Sec. 38.530.040. – Building massing & articulation...................................................................... 416 Sec. 38.530.050. – Building details. ................................................................................................ 423 Sec. 38.530.060. – Building materials. ........................................................................................... 430 Sec. 38.530.070. – Blank wall treatments. ..................................................................................... 433 38.540 Parking (Article 25) ............................................................................................................. 435 Sec. 38.540.010. - General provisions. (38.25.010) ..................................................................... 435 Sec. 38.540.020. - Stall, aisle and driveway design. (38.25.020)............................................... 436 Sec. 38.540.030. - Structured parking facility development standards. (38.25.025) ............... 441 Sec. 38.540.040. - Maintenance of parking areas. (38.25.030) .................................................. 442 Sec. 38.540.050. - Number of parking spaces required. (38.25.040) ........................................ 442 Sec. 38.540.060. - Joint use of parking facilities. (38.25.050) .................................................... 452 Sec. 38.540.070. - Off-site parking. (38.25.060) ........................................................................... 452 Sec. 38.540.080. - Off-street loading berth requirements. (38.23.140) ..................................... 453 38.550 Landscaping (Article 26).................................................................................................... 455 Sec. 38.550.010. - Purpose and intent. (38.26.010) ..................................................................... 455 Sec. 38.550.020. - Interpretation and scope. (38.26.020) ........................................................... 455 Sec. 38.550.030. - General landscaping provisions. (38.26.030)............................................... 456 Sec. 38.550.040. - Landscape plan review. (38.26.040) ............................................................. 456 Sec. 38.550.050. - Mandatory landscaping provisions. (38.26.050) .......................................... 456 Sec. 38.550.060. - Landscape performance standards. (38.26.060) ......................................... 462 Sec. 38.550.070. - Landscaping of public lands. (38.26.070) ..................................................... 465 Sec. 38.550.080. - Departure from landscaping requirements. (38.26.080) ............................. 466 Sec. 38.550.090. - Landscaping completion. (38.26.090) ........................................................... 466 Sec. 38.550.100. - General maintenance. (38.26.100) ................................................................ 466 38.560 Signs (Article 28) ................................................................................................................ 468 Sec. 38.560.010. - Intent and purpose. (38.28.010) ..................................................................... 468 Sec. 38.560.020. - Sign permit requirements. (38.28.020) .......................................................... 469 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 21 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.560.030. - Prohibited signs. (38.28.030) .......................................................................... 469 Sec. 38.560.040. - Permitted temporary and special event signs. (38.28.040) ....................... 470 Sec. 38.560.050. - Signs exempt from permit requirements. (38.28.050) ................................ 470 Sec. 38.560.060. - Signs permitted upon the issuance of a sign permit. (38.28.060) ............. 471 Sec. 38.560.070. - Wayfinding signage. (38.28.070) ................................................................... 475 Sec. 38.560.080. - Comprehensive sign plan. (38.28.080) ......................................................... 476 Sec. 38.560.090. - Multi-tenant complexes with less than 100,000 square feet of ground floor area. (38.28.090) ................................................................................................................................ 477 Sec. 38.560.100. - Multi-tenant complexes with more than 100,000 square feet of ground floor area. (38.28.100) ................................................................................................................................ 477 Sec. 38.560.110. - Indoor shopping mall complexes with more than 100,000 square feet of ground floor area. (38.28.110) ......................................................................................................... 477 Sec. 38.560.120. - Illumination. (38.28.120) .................................................................................. 478 Sec. 38.560.130. - Street vision triangles. (38.28.130) ................................................................ 478 Sec. 38.560.140. - Required address signs. (38.28.140) ............................................................ 478 Sec. 38.560.150. - Billboards and other off-premises advertising. (38.28.150) ....................... 478 Sec. 38.560.160. - Signs erected in conjunction with nonprofit activities on public property. (38.28.160) .......................................................................................................................................... 478 Sec. 38.560.170. - Historic or culturally significant signs. (38.28.170) ...................................... 479 Sec. 38.560.180. - Application. (38.28.180) ................................................................................... 479 Sec. 38.560.190. - Maintenance of permitted signs. (38.28.190) ............................................... 480 Sec. 38.560.200. - Nonconforming signs. (38.28.200) ................................................................. 480 Sec. 38.560.210. - Substitution. (38.28.210) ................................................................................. 481 Sec. 38.560.220. - Severability. (38.28.220) .................................................................................. 481 38.570 Lighting (38.23.150) ........................................................................................................... 482 Sec. 38.570.010. - Purpose. (38.23.150.A) .................................................................................... 482 Sec. 38.570.020. - General. (38.23.150.B) .................................................................................... 482 Sec. 38.570.030. – Street lighting. (38.23.150.C) ......................................................................... 482 Sec. 38.570.040. – Site lighting. (38.23.150.D) ............................................................................. 482 Sec. 38.570.050. – Sports and athletic field lighting. (38.23.150.E) .......................................... 485 Sec. 38.570.060. – Lighting specifications for all lighting. (38.23.150.F) .................................. 485 Sec. 38.570.070. – Historic lighting. (38.23.150.G) ...................................................................... 486 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 22 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.570.080. – Post installation inspection. (38.23.150.H) .................................................. 486 Sec. 38.570.090. – Compliance monitoring. (38.23.150.I) .......................................................... 486 Sec. 38.570.100. – Nuisance glare and inadequate illumination levels. (38.23.150.J) ........... 486 Sec. 38.570.110. – Nonconforming lighting. (38.23.150.K) ......................................................... 486 ARTICLE 6. NATURAL RESOURCE PROTECTION ...................................................................... 488 38.600 Floodplain Regulations (Article 31) .................................................................................. 488 Sec. 38.600.010. - Title. (38.31.010) ............................................................................................... 488 Sec. 38.600.020. - Purpose. (38.31.020) ....................................................................................... 488 Sec. 38.600.030. - Jurisdictional area. (38.31.030) ...................................................................... 489 Sec. 38.600.040. - Floodplain regulation establishment and applicability. (38.31.040) .......... 489 Sec. 38.600.050. - Abrogation and greater responsibility. (38.31.050) ..................................... 489 Sec. 38.600.060. - Floodplain administrator. (38.31.060) ............................................................ 489 Sec. 38.600.070. - Regulation interpretation. (38.31.070) ........................................................... 489 Sec. 38.600.080. - Compliance with regulations. (38.31.080) .................................................... 489 Sec. 38.600.090. - Flood hazard evaluation. (38.31.090) ............................................................ 490 Sec. 38.600.100. - Rules for interpretation of floodplain district boundaries. (38.31.100) ...... 492 Sec. 38.600.110. - Warning and disclaimer of liability. (38.31.110) ........................................... 492 Sec. 38.600.120. - Disclosure provision. (38.31.120)................................................................... 492 Sec. 38.600.130. - Administration of regulations. (38.31.130) .................................................... 492 Sec. 38.600.140. - Permit applications. (38.31.140) .................................................................... 494 Sec. 38.600.150. - Emergency waiver. (38.31.150) ..................................................................... 495 Sec. 38.600.160. - Review; variances; appeals. (38.31.160) ...................................................... 495 Sec. 38.600.170. - Floodplain development; compliance. (38.31.170) ..................................... 495 Sec. 38.600.180. - Emergency preparedness; planning. (38.31.180) ....................................... 495 Sec. 38.600.190. - Applications; specific standards. (38.31.190)............................................... 495 Sec. 38.600.200. - Floodway—Uses allowed without floodplain permits. (38.600.200) ......... 496 Sec. 38.600.210. - Floodway—Uses requiring floodplain permits. (38.31.210) ....................... 496 Sec. 38.600.220. - Same—Permits for flood control works. (38.31.220) .................................. 497 Sec. 38.600.230. - Same—Permits for water diversions. (38.31.230) ....................................... 498 Sec. 38.600.240. - Same—Prohibited uses. (38.31.240) ............................................................ 498 Sec. 38.600.250. - Floodway fringe—Uses allowed without permits. (38.31.250) .................. 498 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 23 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.600.260. - Same—Uses requiring permits. (38.31.260) ................................................ 499 Sec. 38.600.270. - Floodplain—Prohibited uses. (38.31.270) .................................................... 500 Sec. 38.600.280. - Same—Areas with flood elevations and no delineated floodway. (38.31.280) .......................................................................................................................................... 500 Sec. 38.600.290. - Shallow flooding (AO zones). (38.31.290) .................................................... 501 Sec. 38.600.300. - Applicability to unnumbered A zones. (38.31.300) ...................................... 501 Sec. 38.600.310. - A zones—Uses allowed without permits. (38.31.310) ................................ 501 Sec. 38.600.320. - Same—Uses requiring permits. (38.31.320) ................................................ 501 Sec. 38.600.330. - Same—Prohibited uses. (38.31.330) ............................................................ 502 Sec. 38.600.340. - Same—Floodplain boundary interpretation. (38.31.340) ........................... 502 Sec. 38.600.350. - Floodproofing requirements—Certification. (38.31.350) ............................ 502 Sec. 38.600.360. - Same—Conformance. (38.31.360) ................................................................ 502 Sec. 38.600.370. - Same—Electrical systems. (38.31.370) ........................................................ 502 Sec. 38.600.380. - Same—Heating systems. (38.31.380) .......................................................... 502 Sec. 38.600.390. - Same—Plumbing systems. (38.31.390) ....................................................... 502 Sec. 38.600.400. - Violation—Notice. (38.31.400) ........................................................................ 503 Sec. 38.600.410. - Same—Penalty. (38.31.410) .......................................................................... 503 38.610 Wetland Regulations (Article 30) ..................................................................................... 504 Sec. 38.610.010. - Title and applicability. (38.30.010) ................................................................. 504 Sec. 38.610.020. - Intent and purpose. (38.30.020) ..................................................................... 504 Sec. 38.610.030. - Application of wetland regulations. (38.30.030) ........................................... 505 Sec. 38.610.040. - Wetlands review board powers and duties. (38.30.040) ............................ 505 Sec. 38.610.050. - Wetlands determinations. (38.30.050) .......................................................... 506 Sec. 38.610.060. - Regulated activities. (38.30.060) .................................................................... 506 Sec. 38.610.070. - Application requirements and procedures for activities in wetland areas. (38.30.070) .......................................................................................................................................... 507 Sec. 38.610.080. - Review standards. (38.30.080) ...................................................................... 507 Sec. 38.610.090. - Wetland permit conditions. (38.30.090) ........................................................ 508 Sec. 38.610.100. - Appeals. (38.30.100) ........................................................................................ 508 Sec. 38.610.110. - Enforcement. (38.30.110) ................................................................................ 509 ARTICLE 7. DEFINITIONS ................................................................................................................... 510 Sec 38.700 Terms & Interpretation.................................................................................................. 510 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 24 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.700.010. - Definition of terms and interpretation of language. (38.42.010) ................ 510 Sec. 38.700.020. – A definitions. ..................................................................................................... 510 Sec. 38.700.030. – B definitions. ..................................................................................................... 514 Sec. 38.700.040. – C definitions. ..................................................................................................... 516 Sec. 38.700.050. – D definitions. ..................................................................................................... 520 Sec. 38.700.060. – E definitions. ..................................................................................................... 521 Sec. 38.700.070. – F definitions. ..................................................................................................... 523 Sec. 38.700.080. – G definitions. ..................................................................................................... 524 Sec. 38.700.090. – H definitions. ..................................................................................................... 526 Sec. 38.700.100. – I definitions. ....................................................................................................... 528 Sec. 38.700.110. – L definitions....................................................................................................... 528 Sec. 38.700.120. – M definitions. .................................................................................................... 532 Sec. 38.700.130. – N definitions. ..................................................................................................... 534 Sec. 38.700.140. – O definitions. ..................................................................................................... 536 Sec. 38.700.150. – P definitions. ..................................................................................................... 536 Sec. 38.700.160. – R definitions. ..................................................................................................... 539 Sec. 38.700.170. – S definitions. ..................................................................................................... 542 Sec. 38.700.180. – T definitions. ..................................................................................................... 546 Sec. 38.700.190. – U definitions. ..................................................................................................... 546 Sec. 38.700.200. – V definitions. ..................................................................................................... 547 Sec. 38.700.210. – W definitions. .................................................................................................... 547 Sec. 38.700.220. – Y definitions. ..................................................................................................... 548 Sec. 38.700.230. – Z definitions. ..................................................................................................... 548 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 25 December 20, 2017 UDC update 7-28-2017 draft ARTICLE 1. GENERAL PROVISIONS 38.100 In General Sec. 38.100.010. - Citation. (38.01.010) This chapter is known and may be cited as the Unified Development Code of the City of Bozeman, except when cited herein, where it must beis referred to as "this chapter." Sec. 38.100.020. - Authority. (38.01.020) This chapter is adopted by authority of MCA 76-2-301 et seq., MCA 76-3-101 et seq., and MCA 7-3-701 et seq. Additional city authority is granted by various other sections of state law and the authority granted by those sections is incorporated as if set forth herein. Sec. 38.100.030 - Jurisdictional area and application. (38.01.030) These regulations govern the division, development and use of land within the city limits and lands proposed for annexation to the city. These regulations must 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 or pursuant to the city's powers. Sec. 38.100.040 - Intent and purpose of chapter. (38.01.040) A. The intent of this unified development chapter 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 development identified in the United States and State of Montana constitutions, and statutory and common law; to implement the city's adopted growth policy; and to meet the requirements of state law. B. It is the purpose of these regulations to promote the public health, safety and general welfare by: preventing the creation of private or public nuisances caused by noncompliance with the standards and procedures of this chapter; regulating the subdivision, development and use of land; preventing the overcrowding of land; lessening congestion in the streets and highways; being in accord with the growth policy; providing adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public improvements; requiring development in harmony with the natural environment; promoting preservation of open space; promoting development approaches that minimize costs to local citizens and that promote the effective and efficient provision of public services; securing safety from fire, panic, and other dangers; protecting the rights of property owners’; requiring uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey (MCA 76-3-102). C. It is further the purpose of these regulations to: be in accord with the growth policy; securing safety from fire, panic, and other dangers; promoting public health, public safety, and the general welfare; facilitating the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; having given consideration to ensuring the reasonable provision of adequate light and air, motorized and nonmotorized transportation systems, promoting of compatible urban growth, considering the character of the district and its peculiar suitability for particular uses, conserving the value of buildings, and encouraging the most appropriate use of land throughout the jurisdictional area (MCA 76-2-304). CD. Further, to support the purposes of MCA 76-2-304 and 76-3-102, these regulations are intended to promote and to provide for the: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 26 December 20, 2017 UDC update 7-28-2017 draft 1. Orderly development of the city; 2. Coordination of 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. Improvement of streets; 5. Adequate open spaces for travel, light, air and recreation; 6. Adequate transportation, water, drainage and sanitary facilities; 7. Minimization of unnecessary congestion; 8. Avoidance of unnecessary environmental degradation; 9. Encouragement of subdivision development in harmony with the natural environment; 10. Avoidance of danger or injury to health, safety or general welfare by reason of natural hazard 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. Establishment of sStandards for the development and use of land; 16. Establishment of pProcedures for the review and approval for the development and use of land; and 17. Establishment of all other requirements necessary to meet the purposes of this chapter. DE. Pursuant to MCA 76-2-304, 76-1-605 and 76-1-606, these regulations are also intended to implement the goals and objectives of the city's adopted growth policy. This chapter has been evaluated for compliance with the growth policy as part of the process to adopt this chapter, and has been found to comply with the growth policy. In the case of a difference of meaning or implication between this chapter and the city's adopted growth policy, the growth policy must control. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 27 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.100.050. - Interpretation as minimum requirements. (38.01.050) A. In their interpretation and application, the provisions of this chapter must be held to beare minimum requirements adopted for the promotion of the health, safety and general welfare of the community. In some instances the public interest will be best served when such minimums are exceeded. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules or regulations, or wherever there is an internal conflict within this chapter, the most restrictive requirements, or that those imposing the higher standards, must will govern. B. In the case of a difference of meaning or implication between the text of this chapter and the captions or headings for each section, the text must controls. C. When interpreting the meaning of this chapter, subsections of the chapter must be construed in a manner that will give effect to them all as the chapter derives its meaning from the entire body of text taken together. D. These regulations must apply uniformly within each zoning district to each class or kind of structure, land or development as set forth in this chapter. E. Graphics are provided to enable understanding of the adopted text. In the event of a conflict between the text and graphic, the text must control. Sec. 38.100.060. - Donations or grants to public considered a grant to donee. (38.01.060) Every donation or grant to the public or to any person, society or corporation marked or noted on a plat or plan is to be considered a grant to the donee. Sec. 38.100.070. - Conditions of approval. (38.01.070) 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 power delegated by the state to the city. 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 and of the community at large. Such conditions may require compliance with more than the minimum standards established by this chapter. 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 incomplete 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 chapter; or 3. The requirement is part of an improvements agreement and security for completion of required improvements prior to filing a final plat or other development. However, should the owner seek material modifications (e.g., changes to the intent, nature, or scope of a subdivision or development, or necessary improvements) to a previously approved subdivision, development or condition of approval, the entire application must be considered to be again opened for review and additional conditions may be applied. Modifications of conditions of approval must be reviewed through the same process as the original application. Final action includes the resolution of any appeals. The provisions of section 38.240.130.A.5.h may also apply to revisions of conditions for preliminary plats. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 28 December 20, 2017 UDC update 7-28-2017 draft C. Mandatory compliance with the explicit terms of this chapter does not constitute conditions of approval and is not affected by the limitations of subsection B of this section. Sec. 38.100.080. - Compliance with regulations required. (38.01.080) A. No land must may hereafter be subdivided, used or occupied, and no building, structure or part thereof must may hereafter be erected, constructed, reconstructed, moved or structurally altered, and no development must may commence unless it is in conformity with all of the regulations herein specified for the district in which it is located. B. To the extent reasonable, all city-owned land must beis subject to applicable regulations of the underlying zoning district. Sec. 38.100.090. - Development that lies within multiple jurisdictions. (38.01.090) If a proposed development lies partly within the city and partly within unincorporated Gallatin County, the proposed development must be submitted to and approved by both the city and the county. Sec. 38.100.100. - Private restrictions. (38.01.100) This chapter is not intended to affect any existing private agreement or condition such as a deed restriction or covenant. If any provision of this chapter is more restrictive or imposes a higher standard than any such private restriction, the requirements of this chapter must control. Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of this chapter, the city has no duty to enforce such private restrictions or advise of their existence. The city may enforce a private restriction if the city is a party to such covenant or restriction, if such restriction was required by the city, or if it was relied upon by the city during the land development process in order to meet the requirements of this chapter or another required standard. The city may prohibit private restrictions that violate applicable matters of law. Covenants are subject to the requirements of section 38.220.200320. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 29 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.100.110. - Severability. (38.01.110) 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 must will affect only that part held invalid and such decision must will not affect, impair or nullify this chapter as a whole or any other part thereof. Insofar as these regulations are more restrictive than any other applicable law, these regulations must be controlling, and if any other law is more restrictive, the more restrictive higher standard must takes precedence over a standard set forth in these regulations. 38.110 Adopted Plans, Standards & Resolutions Sec. 38.110.010. – Plans, standards & resolutions adopted by reference. (new) The following plans and documents (as amended), are hereby adopted by reference as a part of or in support of this chapter: A. Design manual. B. Guidelines for historic preservation & neighborhood conservation overlay district. C. Engineering design standards. D. Water administrative manual. E. Parks administrative manual. F. Parks and recreation master plan. G. Bozeman long range transportation plan. H. MT public works standards. I. Federal wetland delineation manual. J. Application fee resolution. K. Cash-in-lieu of water rights resolution. L. Other similar plans, manuals, guidelines, and standards formally adopted by the city. Sec. 38.110.020. – Figures. The figures in this chapter are for illustrative purposes only and do not constitute regulatory standards. Figures may be revised, replaced, or added by administrative order issued by the Director of Community Development. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 30 December 20, 2017 UDC update 7-28-2017 draft ARTICLE 2. PERMITS, LEGISLATIVE ACTIONS & PROCEDURES 38.200 Jurisdiction & Scope of Authority (current Article 34  Administration, fees and penalties) Sec.38.200.010. - Review authority. (38.34.010) A. The city commission has the right to review and require revisions to all development proposals subject to this chapter, and delegates that authority in certain circumstances as set forth below. The purpose of this review is to prevent demonstrable adverse impacts of the development upon public safety, health or general welfare, or to provide for its mitigation; to protect 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 the city; to protect the right of use of property; advance the purposes and standards of this chapter and the adopted growth policy; and to ensure that the applicable regulations of the city are upheld. 1. The city commission retains to itself under all circumstances the review of the following: a. Subdivisions which do not qualify as a subdivision exemption per article 2 of this chapter; b. Amendments to the text of this chapter or amendment to the zoning map; c. Determination to acceptRequests for cash-in-lieu of parkland dedications, except: (1) In the B-3 zone district; or (2) When by resolution the city commission delegates decisions on cash-in-lieu for development for which it would not otherwise be the review authority. d. Extensions of subdivision preliminary plat approvals for periods greater than two years; e. Planned unit development preliminary plans and major amendments to planned unit developments; f. Conduct public hearing for applications under 76-2-402, MCA; fg. Appeals from administrative interpretations and final project review decisions; hg. Approval of park master plans; ih. Large scale retail per section 38.360.1790; and ji. Exceptions to installation of bikeways and boulevard trails per section 38.400.110.E. kj. Conditional use permits when no board of adjustment is established; lk. More than two deviations or where deviation is for more than 20 percent of standard; ml. Amendments to text or zoning map per 38.260. 2. The city commission conducts public hearing for applications under 76-2-402, MCA. B. The community development director must, upon recommendation from the applicable advisory bodies approve, approve with conditions or deny all applications subject to this chapter except those listed below, . Decisions of the community development director are subject to the appeal provisions of division 38.250 of this chapter. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 31 December 20, 2017 UDC update 7-28-2017 draft 1. Projects excluded from community development director review: a. Those applications specifically reserved to another approval authority as stated in this section; b. Development of city property which does not conform to all standards of this chapter; c. Conduct public hearing for applications under 76-2-402 MCA; cd. Any application involving variances from this chapter; e. Subdivision preliminary and final plats not meeting the requirements for a subdivision exemption per division 38.240; f. Conditional use permits; g. Preliminary plans and major amendments to planned unit developments; h. Large scale retail per section 38.360.1790; i. Exceptions to design standards for transportation pathways per section 38.400.110.E; j. Applications, except within the B-3 zoning district, which propose the use of cash-in-lieu of parkland per section 38.420.030; k. Approval of park master plans, l. Designation of historic or culturally significant signs; m. Applications with deviations except that the community development director is the review authority for applications which have: (1) Two or fewer deviations, which deviations may not request a more than 20 percent change in the standard for which the deviation is sought; and (2) Which are not otherwise prohibited to the community development director for their review; n. Amendments to the text or the zoning map per division 38.260; o. Extensions to subdivision review for periods exceeding two years; and p. Appeals from final administrative action on interpretations or project final decisions; 2. Exception. The city commission may, by an affirmative, simple majority vote of its members at a regularly scheduled meeting reclaim to itself the final approval of a development application normally subject to the approval of the community development director. The vote must occur prior to the action of the community development director. C. When a board of adjustment has been appointed per section 2.05.2800, the board of adjustment must, upon recommendation from the applicable advisory bodies approve, approve with conditions or deny those applications specifically delegated to it by the city commission. Decisions of the BOA are subject to the appeal provisions of division 38.250 of this chapter. 1. Exception. The city commission may, by an affirmative vote of three of its members at a regularly scheduled meeting reclaim to itself the final approval of a development normally subject to the approval of the board of adjustment. The vote must occur prior to the action of the board of adjustment. D. The city engineer must review and upon recommendation from the applicable advisory bodies as needed approve, approve with conditions or deny the following site elements and processes: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 32 December 20, 2017 UDC update 7-28-2017 draft 1. Site access and storm water for reuse and further development per section 38.230.160.B; 2. Location of storm water facilities within neighborhood centers per section 38.410.020; 3. Allow tThe placement of private utility easements within public rights-of-way owned or controlled by the city. ; 4. The maximum length of dead end water mains per section 38.410.070; 5. The maximum length of service lines per section 38.410.070; 6. Exceptions to storm water controls per section 38.410.080; 7. All modifications or proposed standards in section 38.400.101 except section 38.400.010.A.1; 8. Approve pPlans and specifications for public infrastructure and infrastructure to be granted to the public per sections 38.400.060.A and B.1-3; 9. Allow aAlternate curb return radii per section38.400.090.C.2.e; 10. Approve lLocations and modifications to drive accesses to public streets per sections 38.400.090.G and H; 11. Approve sStreet improvement standards per section38.400.060; 12. Backing into alleys, parking stall aisle and driveway design for surfacing and curbing per section 38.540.020.D, F and J; 13. Protection of landscaped area per section38.550.050.H; 14. All actions required of the flood plain administrator per article 6 of this chapter; 15. Approve mModifications in required completion time for subdivision improvements per section 38.270.030.B.1; 16. Permit tThe use of a financial guarantee for paving of streets per 38.270.060.B; 17. Allow The waiver of required information per section 38.220.080.A.2.i(3).); 18. Requirement for preparation of a traffic impact analysis and determine determination of its contents per section 38.220.120.A.2.c(5).); 19. Establish sSpecifications for paving of streets and parking areas; and 20. Designate Designation of street classifications for collectors and arterials not shown in the long range transportation plan; and. 21. Allow aAlternate parking angles for surface and structured parking stall configurations listed in Table 38.540.020. All other numeric standards apply. E. Subject to 38.400.060, tThe director of public works must review and upon recommendation from the applicable advisory bodies as needed approve, approve with conditions or deny the following development elements and processes: 1. A wWaiver of the requirement to extend water, sewer, and streets to the perimeter of property being developed per section 38.410.070; 2. Water Provision of water rights as authorized in section 38.410.130; 3. Subject to 38.400.060, eExceptions to the level of service standards established in section 38.400.060.B.4.; 4. Payment of cash in-lieu of capital facilities established in 38.270.070.C.; and 5. Acceptable alternative sidewalk design or materials per 38.400.080. F. The director of parks and recreation must determine the classification of trails per 38.420.110.D. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 33 December 20, 2017 UDC update 7-28-2017 draft G. As detailed in division 38.200 of this chapter, the city commission authorizes the applicable advisory bodies as applicable, to review and to make recommendations to the review authority regarding development proposals. Under this section, when advisory boards review and make recommendations to the review authority they act in a quasi-judicial capacity. Recommendations do not constitute votes of approval or denial. H. The city commission or its designated representatives may require the applicant to design the proposed development to reasonably minimize potentially significant adverse impacts identified through the review required by these regulations. The city commission or its designated representatives may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the development as submitted. Recognizing that the standards of this chapter are minimum requirements and the public health, safety, and general welfare may be best served by exceeding those minimums, the city commission or community development director may require as a condition of approval, additional landscaping, screening, timing requirements, setbacks or other mitigation exceeding the minimums of this chapter. Sec.38.200.020. - Administration and enforcement; community development director authority. (38.34.020) A. The community development director must administer and enforce this chapter unless a specific standard is clearly assigned in section 38.200.010 to another authority. The community development director may be provided with the assistance of such other persons as the community development director may supervise and those assistants must will have essentially the same responsibilities as directed by the community development director. B. The community development director may in the administration of this chapter consult with other persons having expertise in relevant subject areas as in the community development director's opinion is necessary for the review of the proposed development or administration of the chapter. When an authority other than the community development director is assigned responsibility for a particular standard that authority must coordinate with the community development director in administration of that standard. C. If the community development director or other administrator of standards must finds that any of the provisions of this chapter are being violated, they must notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. Such administrator may order discontinuance of illegal use of land, illegal additions, alterations or structural changes; may order discontinuance of any illegal work being done; or may take any other action authorized by this chapter to ensure compliance with or prevent violation of its provisions. Sec.38.200.030. - Enforcement; community development director. (38.34.030) This chapter must beis enforced by the community development director and authorized representatives. No development approval, subdivision approval, building permit or business or occupational use license must may be issued, except in compliance with the provisions of this chapter. Sec.38.200.040. - Stop-work order by community development director, building official, city engineer authority. (38.34.040) Whenever any subdivision, development or building work is being done contrary to the provisions of this chapter, the community development director must will order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done, and any such person BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 34 December 20, 2017 UDC update 7-28-2017 draft must forthwith immediately stop such work until authorized by the community development director to proceed with the work. The building official or city engineer may also issue a stop-work order when building work is being done contrary to the provisions of this chapter. Sec.38.200.050. - Permission to enter. (38.34.050) The city commission, or its designated agents, may conduct such investigations, examinations and site evaluations as they deem necessary to verify the information supplied. The submission of material or a plat for review must constitutes a grant of permission to enter the subject property. The grant of permission must continue until all final actions required by the approval process have been completed. Sec.38.200.060. - Inaccurate or incomplete information and waivers. (38.34.060) A. The city must review each submitted application for completeness and sufficiency as described in sections 38.240.130 and 38.230.070. B. The final approval body may withdraw approval or conditional approval of a preliminary plat or other development approval if they determine that information provided by the applicant, and upon which approval or conditional approval of the preliminary plat or other development was based, is inaccurate or incomplete. 1. Within 30 calendar days following approval or conditional approval of a preliminary plat or other development application, any person or agency that claims that information provided by the applicant is inaccurate or incomplete may submit the information and proof to the community development department. 2. The community development department must investigate the claim, the accompanying information and proof, and make a report to the final approval authority within 30 working days after receipt of the information. If the final approval authority is the city commission, the city commission must consider the information and proof, and must make a determination regarding the claim at a regular meeting. Notice of the meeting or presentation of the report must be given to the claimant and the applicant. Sec.38.200.070. - Coordinated reviews. (38.34.070) When a proposed subdivision, development or use is also proposed to be annexed to the city, the city must coordinate the development review and annexation procedures to minimize duplication of hearings, reports, and other requirements whenever possible. The city commission must also hold joint public hearings on the initial zoning and the annexation whenever possible. Based upon the circumstances of proposed development the city may require sequential review of applications. Sec.38.200.080. - Date of submittal and associated review standards. (38.34.080) 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 adequate according to section 38.240.130 or for an extension under division 38.240 of this chapter is submitted to the city. B. Nonsubdivision. Review of nonsubdivision applications must will be under such regulations as are in effect at the time an application for approval of a preliminary site plan is deemed adequate according to section 38.230.090; except that an interim zoning ordinance adopted according to MCA 76-2-306 must apply applies to a nonsubdivision application without limitation to the date of adequacy 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 nonsubdivision application must will be reviewed under the ordinances in effect on the date of the final action on the application. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 35 December 20, 2017 UDC update 7-28-2017 draft State law reference – Sections 7-21-1003 and 73-3-604, MCA Sec.38.200.090. - Community development director and building official; plan application checking; notice of noncompliance. (38.34.090) A. It is the intent of this chapter that the community development director and building official, must check all development plans and applications for permits for compliance with this chapter both before and during construction. B. If, during this procedure, the community development director and/or the building official deems that the proposed plan or construction does not comply with this chapter, the community development director and/or building official must inform the applicant of the infraction and must stop all construction on the project until such time as the applicant, builder or principal revises such plan to conform to this chapter and/or fulfills the requirements of any mandated review procedure as set forth in this chapter. Sec.38.200.100. - Building permit requirements. (38.34.100) A. No building or other structure must may be erected, moved, added to or structurally altered and no land use must may be changed without valid permits as prescribed in this division. 1. Only minor site surface preparation and normal maintenance must beis allowed prior to conditional approval by the appropriate review authority and the issuance of a building permit, providing provided that such activity does not include excavation for foundations or the removal of mature, healthy vegetation. Minor site surface preparation means disturbing less than one-half acre, movement of 30 cubic yards or less of material, or a cut or fill of less than cumulative one foot whichever is less. Any excavation and site disturbance must be in conformance with an approved stormwater control plan. Upon conditional approval by the appropriate review authority, excavation for foundations and the preparation of forms may occur. However, no concrete mustmay be poured and no further construction mustmay No excavation of foundations or setting of forms can commence until final site or sketch plan approval has been granted and until building permits have been issued. Proceeding prior to building permit issuance is at the hazard of the landowner. a. Exception: When construction and funding of public streets are occurring under the provisions of division 38.430 of this chapter, Planned Unit Development (PUD), the issuance of building permits may be allowed prior to completion of infrastructure improvements, pursuant to the provisions established in division 38.270 of this chapter. 2. Building permit. Within the limits of the city, building permits must be obtained as provided by 10.02.020. 3. 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 may be granted, provided such building permit is granted within one year of plan approval. Prior to lapse of one year, the applicant may seek an extension as allowed in divisions 38.230 and 38.430. Sec.38.200.110. - Permit issuance; conformity with regulations required. (38.34.110) No permit or license of any type must will be issued unless the plans and applications are in conformance with the regulations contained within this chapter. Permits issued on the basis of plans and applications approved by the building official and community development director authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 36 December 20, 2017 UDC update 7-28-2017 draft arrangement or construction. Use, arrangement or construction at variance with that authorized must be deemedis a violation of this chapter, punishable as provided in this division. Sec. 38.200.120. - Permits issued contrary to title deemed void. (38.34.120) Any authorization, including without limitation subdivision approval, site plan approval or building permit, issued, granted or approved in violation of the provisions of this chapter must is be null and void and of no effect without the necessity of any proceedings or a revocation or nullification thereof, and any work undertaken or use established pursuant to any such building permit or other authorization must beis unlawful. Sec. 38.200.130. - Expiration of permits. (38.34.130) Every permit issued by the building official under the provisions of this chapter must will expire by limitation and become null and void in accordance with 10.02.020. Sec.38.200.140. - Fee schedule. (38.34.140) A. The city commission must establish a schedule of fees, charges and expenses and a collection procedure for reviews, permits, appeals and other matters pertaining to this chapter. The schedule of fees for the procedures listed below must will be set from time to time by the city commission by resolution. The fees must be available in the office of the community development director and may be altered or amended only by the city commission. B. No subdivision, permit, zone change, site plan, conditional use, special temporary use, planned unit development, deviation or variance must may be issued unless or until such costs, charges, fees or expenses have been paid in full, nor must may any action be taken on proceedings before the administrative design review staff, development review committee, the design review board, the zoning commission, the planning board or the city commission until fees have been paid in full. Sec. 38.200.150. - Complaints of alleged violations; filing and recording. (38.34.150) Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof must be filed with the community development director. The community development director must record properly such complaint and immediately investigate and take action thereon as provided by this chapter. Sec.38.200.160. - Violation; penalty; assisting or abetting; additional remedies. (38.34.160) The effective enforcement of adopted standards is necessary to accomplish their intended purpose. The city has a variety of options for the enforcement of this chapter. The community development director must select the option which in their opinion is most suitable to the circumstance and violation. More than one enforcement option may be used to attain compliance with the standards of this chapter when deemed appropriate. A. Violation of the provisions of this chapter or failure to comply with any of its requirements including violations of conditions and safeguards established in connection with the grant of variances or conditional uses or any of the required conditions imposed by the review authority must constituteis a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements must may upon conviction thereof be fined or imprisoned or both, either as set forth in state law regarding subdivision and zoning, or in accordance with 1.01.210, and in addition must pay all costs and expenses involved in the case except as stated in subsection D of this section. 1. Each day such violation continues must be consideredis a separate offense and punishable as such. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 37 December 20, 2017 UDC update 7-28-2017 draft 2. For violations relating to plats each sale, lease or transfer of each separate parcel of land in violation of any provision of these regulations or the Montana Subdivision and Platting Act must be deemedis a separate and distinct offense. B. The code compliance officer is authorized to issue a notice to appear under the provisions of MCA 46-6-310 to any violator of this chapter. C. The 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 maintains such violation may each be found guilty of 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 must may commence an 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 community development director may seek approval from the city commission for filing at the county clerk and recorder's office a notice of violation or noncompliance. Such notice must serves to advise potential purchasers of existing violations of this chapter or of on-going enforcement actions regarding a property. Such notice must will clearly state that the parcel or development on the parcel is in violation of this chapter and that correction of the violation must be made prior to the city approving additional development or redevelopment of the site. The notice must also describe the nature of the violation and applicable citations to the relevant sections of this chapter. 1. When such a notice is to be filed the enforcement officer must may either: a. Through the office of the city attorney bring an action for civil and/or injunctive relief that requests a court order to record a notice of violation or noncompliance; or b. Schedule a public meeting to be held before the city commission with the intention of receivingrequesting an order from the city commission confirming the validity offinding the violation valid and in the need for of correction, and authorizing the recording of the notice of violation or noncompliance. Notice of such a hearing must be provided as required by division 38.220 of this chapter. 2. When a violation has been corrected for which a notice of violation or noncompliance was filed, the city must record a release of noncompliance indicating that the prior violation has been corrected. The property owner is responsible for notifying the community development department in writing of the correction of the violation or noncompliance. Upon receipt of such notification by the property owner, the enforcement officer must may conduct an inspection to verify correction prior to the recording of the release. F. The city may 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 chapter. G. Violation of this chapter is a municipal infraction and may be punishable by a civil penalty as provided in section 24.02.040, in addition to other remedies of this section except that the court must may impose the following minimum civil penalties. 1. Each day such violation continues must beis considered a separate offense and punishable as such. The minimum civil penalty for violation of this chapter by the same person for the same violation within a 12-month period must beis: a. First citation: $100.00. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 38 December 20, 2017 UDC update 7-28-2017 draft b. Second citation: $150.00. c. Third and subsequent citations: $200.00. d. The determining factor with respect to the civil penalty is the receipt of service of the citation and not the judgment. H. Nothing herein contained must prevents the city from taking such other lawful action as is necessary to prevent or remedy any violation. I. Upon resolution of an identified instance of noncompliance with the standards of this chapter the city may record a document with the Gallatin County Clerk and Recorder to give notice of the resolution of the noncompliance. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 39 December 20, 2017 UDC update 7-28-2017 draft 38.210 Development Review Committee (DRC), Design Review Board (DRB), Administrative Design Review Staff (ADR), Wetlands Review Board (WRB), Board Of Adjustment (BOA) Jurisdiction & Scope of Authority (current Article 33) Sec. 38.210.010. - Purpose of DRC, DRB, ADR, WRB, and BOA. (38.33.010) A. Purpose. The development review committee (DRC), design review board (DRB), administrative design review staff (ADR) and wetlands review board (WRB), if established, have been established to coordinate, expedite and ensure fair and equitable implementation of this chapter. The objective, to be implemented through their procedures and deliberations, must beis to encourage development quality that will enhance both the natural and built environments, with consideration to present and future property values, and to carry out the purposes of this chapter. All bodies authorized or referenced under this division 38.210 may call upon any city staff or other persons with technical expertise, and may testify before any board, commission or other body upon the subjects for which they have responsibility. 1. DRC. The DRC is established to evaluates all proposals subject to the provisions of this chapter. The DRC is the body charged with reviewing items relating to public health and safety. The DRC must acts as an advisory body to the review authority established by section 38.200.010 for site plans, conditional use permits, planned unit developments, divisions of land, zone map amendments, annexations and other actions as requested by review authority. 2. DRB. The DRB has the duties and responsibilities established by 2.05.3000. 3. ADR. The ADR may review development applications subject to design review for zoning amendments, or applications for moving, demolition or any other kind of permit. The ADR staff is established as the review body for aesthetic considerations of smaller and less complex proposals which are less likely to produce significant community impact and to provide recommendations regarding such proposals to the review authority established by section 38.200.010, subject to the provisions of this chapter. a. The ADR staff shall act as an advisory body to the review authority regarding reuse/further development permits within overlay districts; and b. The ADR staff shall act as an advisory body to the review authority regarding all sketch plans and site plans not meeting one or more of the thresholds of section 38.230.040.B, for conditional use permits for accessory dwelling units, conditional use permits where no additional building area will be created, and nonPUD divisions of land; c. The ADR may develop, and after adoption by the city commission, apply specific guidelines related to such concerns as architectural appearance, landscape design and signage for the construction and/or alteration of structures, sites or areas; and d. The ADR may review applicable development proposal applications for zoning amendments, or applications for moving, demolition or any other kind of permit that may affect properties located within entryway corridors. 4. WRB. The WRB, if established, has the duties and responsibilities established by 2.05.2900. 5. BOA. The BOA, if established, has the duties and responsibilities established by 2.05.2810. B. Development review committee procedures established. To implement this purpose, certain procedures must will 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 40 December 20, 2017 UDC update 7-28-2017 draft development review. Each department must have the ability andis authority authorized to require the DRC to make a recommendation of denial when in their view the project can not meet the requirements and review criteria of this chapter and acceptable conditions do not exist to cure the identified failings of the project. Written meeting reviews, in the form of staff reports or summary reviews prepared by the community development department, must be made setting forth tThe DRC's recommendation to the review authorities established in division 38.220 and reasons for requiring such conditions as may be deemed necessary by the DRC must be set forth in written staff reports or summary reviews prepared by the community development department. These records must be preserved as part of the official file for each development proposal. 1. The DRC must at a minimum be composed of the following personnel: city engineer, fire marshal, the streets superintendent, the sanitation superintendent, the water/sewer superintendent, the community development director and the building official. When necessary, other members of the committee may include: the director of public safety, the superintendent of facilities and public lands, the superintendent of recreation, the city manager, with other individuals to be included as necessary at, and other such personnel as the community development director's request deems necessary. 2. When applicable, the DRC may solicit the input of non-city agencies and persons including, but not limited to, the county subdivision review officer, the county sanitarian, the county road superintendent, and state or federal agencies, with other individuals to be included as necessary. C. Design review board procedures established. The DRB will be convened as necessary and must follow procedures as set forth in 2.05.3020. D. Administrative design review staff procedures established. To implement the purposes of this chapter, procedures shall be adopted for the administrative evaluation of a proposal without public notice or comment, 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 include findings and may include a notice of required corrections. The ADR staff may call a conference with the applicant to determine design alternatives, or the applicant may call a conference with the ADR staff for the same purpose. Any such conference shall be conducted 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 or otherwise licensed or certified by such member's respective professional authorities in an environmental design discipline such as architecture, landscape architecture or urban design. The second member shall be the planning director who may or may not be degreed in architecture. In the event that necessary ADR staff is not available, the DRB may act to provide design review services. E. Waiver of design review. In the event that neither the DRB nor the ADR staff are is unable to complete convene a quorum or does not have the necessary personnel to conduct the reviews otherwise required by this chapter, the requirement for review by DRB or ADR is waived. Nothing in this section must constitutes a waiver of the required review criteria established in divisions 38.340, 38.430, and 38.600 of this chapter. FE. Wetlands review board procedures. The WRB will be convened as necessary and must follow procedures as set forth in 2.05.2920 when a WRB has been established. GF. Board of adjustment procedures established. The BOA will be convened as necessary and must follow procedures as set forth in 2.05.2830 when a BOA has been established. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 41 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.210.020. - General procedures, notice and timing for zoning applications. (38.33.020) A. Informal advice and direction. A person or organization considering any construction, building or site alteration, rezoning or other development activity, may approach the DRC, DRB, ADR or WRB for informal advice and direction. Such discussion shall be treated as advisory by both parties and shall record only the fact that contact had been made. An informal review by the DRC and/or DRB may be requested by submitting a completed application form provided by the planning director along with any schematic development plans or written narrative at least one week prior to the next regularly DRC and/or DRB meeting. An informal review by the WRB may be requested by submitting a completed application form provided by the planning director along with a wetland delineation for the regulated wetland, development plans or written narrative describing the proposed regulated activity and a WRB meeting will be convened within two weeks of application submittal. A fee, set in accordance with the fee resolution adopted by the city commission, shall be charged for an informal review. No application is required for informal review or advice by the ADR staff. B. Formal application. An application for DRC, DRB, ADR and/or WRB consideration of a development proposal must be submitted utilizing a form available from the planning director. Material to be submitted with the application shall include the elements set forth within the requirements for the type of proposal to be considered, i.e., sketch plan, site plan, conditional use permit, certificate of appropriateness, planned unit development, divisions of land, etc., as outlined in this chapter. It is recommended that the applicant discuss the application informally with the DRC, DRB, ADR or WRB prior to formal submission to help expedite the process. Depending upon the size of the proposed project, its location and type, the applicant may be directed to one or more agencies of the city for processing. C. Public notice. Public notice for any proposal before the DRC, DRB, ADR or WRB that requires such notice shall be provided in accordance with division 38.220 of this chapter. D. DRC, DRB, ADR or WRB action. By no later than 30 working days from the date of the first regularly scheduled DRC and/or DRB meeting, or a meeting convened by the WRB, at which the applicants' proposal was initially reviewed, the DRC, DRB or WRB shall take action to recommend 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 approve, approve with conditions, delay pending submission of revised or additional materials or deny the applicant's proposal. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 42 December 20, 2017 UDC update 7-28-2017 draft 38.220 Applications & Noticing (current Articles 38, 40 & 41) Part 1: Submittal Materials & Requirements Sec. 38.220.010. - Submittal materials and requirements. (38.41.010) All applications must be submitted on official forms prescribed by the community development department. The application must be accompanied by the appropriate fee and development plans showing sufficient information for the approval authority to determine whether the proposed development will meet the development requirements of the city. Sand supplemental material may be required, depending on the application type. The format, size, and number of submittal materials is established by the dDirector of cCommunity dDevelopment., including all copies of plats and site development plans, shall be bound and folded into complete 8½- by 11-inch or 8½- by 14-inch sets ready for distribution. All plats shall be on one or more sheets either 18- by 24-inches or 24- by 36- inches in size, and shall be folded and included in the bound submittal. A digital (PDF) copy of the entire submittal (applications, supplemental material, plat and plans) shall be provided as required. Sec. 38.220.020. - Streambed, streambank and/or wetlands permits. (38.41.020) A. The developer must provide the community development department with a copy of all required streambed, streambank or wetlands permits, or written notification from the appropriate agency that a permit is not required, prior to the commencement of any work on the site and/or final plat approval, whichever is sooner. These permits include but are not limited to: 1. Montana Stream Protection Act (SPA 124 Permit). Administered by the Habitat Protection Bureau, Fisheries Division, Montana Fish, Wildlife and Parks. 2. Stormwater discharge general permit. Administered by the water quality bureau, state department of environmental quality. 3. Montana Natural Streambed and Land Preservation Act (310 Permit). Administered by the board of supervisors, county conservation district. 4. Montana Floodplain and Floodway Management Act (Floodplain Development Permit). Administered by the city engineering department. 5. Federal Clean Water Act (404 Permit). Administered by the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency. 6. Federal Rivers and Harbors Act (Section 10 Permit). Administered by the U.S. Army Corps of Engineers. 7. Short-term Water Quality Standard for Turbidity (318 Authorization). Administered by state department of environmental quality. 8. Montana Land-Use License or Easement on Navigable Waters. Administered by the state department of natural resources and conservation. 9. Montana Water Use Act (Water Right Permit and Change Authorization). Administered by the water rights bureau, state department of natural resources and conservation. Sec. 38.220.030. - Subdivision pre-application plan. (38.41.030) A. The pre-application plan may be a freehand sketch, legibly drawn, showing approximate boundaries, dimensions, areas and distances. The plan may be drawn directly on a print of a topographic survey required for the preliminary plat and must include: 1. Sketch map. A sketch map showing: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 43 December 20, 2017 UDC update 7-28-2017 draft a. The names of adjoining subdivisions and numbers of adjoining certificates of survey, along with adjacent lot and tract lines. b. Location, name, width and owner of existing or proposed streets, roads and easements within the proposed subdivision; existing streets, roads and easements within adjacent subdivisions and tracts; and the name of street or road that provides access from the nearest public street or road to the proposed subdivision. c. Location of all existing structures, including buildings, railroads, powerlines towers, and improvements inside and within 100 feet of the proposed subdivision. d. Zoning classification within the proposed subdivision and adjacent to it. The zoning proposed for the subdivision, if a change is contemplated. 2. Topographic features. Topographic features of the proposed subdivision and adjacent subdivisions and tracts, including: a. A current U.S. Geological Survey topographic map at the largest scale available with the subdivision clearly outlined. b. Embankments, watercourses, drainage channels, areas of seasonal water ponding, areas within the designated floodway, marsh areas, wetlands, rock outcrops, wooded areas, noxious weeds and areas of active faults. Include copies of any permits listed in section 38.220.020 that have been obtained for the project. 3. Utilities. The existing and proposed utilities located on and adjacent to the proposed subdivision including: a. Location, size and depth of sanitary and storm sewers, water mains and gas lines. b. Location of fire hydrants, electric lines, telephone lines, sewage and water treatment, and storage facilities. 4. Subdivision layout. The proposed layout of the subdivision showing the approximate: a. Subdivision block, tract, and lot boundary lines, with numbers, dimensions, and areas for each block, tract and lot. b. Street location, right-of-way width, and name. c. Easement location, width and purpose. d. Sites to be dedicated or reserved as park, common open space or other public areas, with boundaries, dimensions and areas. e. Sites for commercial centers, churches, schools, industrial areas, multi-household unitscondominiums, manufactured housing community and uses other than single-household residences. 5. Development plan. An overall development plan indicating future development of the remainder of the tract, if the tract is to be developed in phases. 6. Name and location. A title block indicating the proposed name, quarter-section, section, township, range, principal meridian and county of subdivision. 7. Notations. Scale, north arrow, name and addresses of owners and developers, and date of preparation. 8. Variances. A list of variance requests which will be submitted with the application for preliminary plat application. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 44 December 20, 2017 UDC update 7-28-2017 draft 9. Waivers. A lList of waivers requested from the requirements of section 38.220.060 must be submitted with the pre-application. The DRC must beis responsible for granting waivers, and the community development department staff must notify the developer in writing of any waivers granted from section 38.220.060 after the pre-application meeting or plan review. 10. Parks and recreation facilities. The following information must be provided for all land proposed to meet parkland dedication requirements: a. Park concept plan, including: (1) Site plan for the entire property; and (2) The zoning and ownership for adjacent properties; and (3) The location of any critical lands (wetlands, riparian areas, streams, etc.); and (4) General description of land, including size, terrain, details of location and history, water features, and proposed activities; and (5) Description of trails or other recreational features proposed to connect the proposed park area to other park or open space areas. b. If the applicant intends to request approval of cash-in-lieu, a response to the cash-in-lieu review factors established by resolution of the city commission. 11. Digital (PDF) copy of entire submittal. 1112. Affordable housing. Describe how the subdivision proposes to satisfy the requirements of division 38.380. 1213. Wildlife. Describe key wildlife habitat issues that may be associated with proposed subdivision. Describe how the subdivision will consider fish and wildlife resources in the course of project design. Describe subdivision early planning suggestions from local FWP field biologists at FWP regional offices. This description should consider the following: a. The species of fish and wildlife, including those designated as Species of Concern, that use all or part of the project planning area (proposed subdivision site plus a one-half-mile radius around it) on a year-round, seasonal, or periodic basis. b. Existing vegetation, aquatic habitats, and wildlife habitats in the project planning area (e.g., water bodies and their associated riparian habitat, big game winter range, native grassland or shrubland habitats, areas used by black or grizzly bears). c. The proposed subdivision’s potential impacts on wildlife and wildlife habitat, both during construction and at full build-out, taking any applicable fish and wildlife habitat standards into account. 1314. Waivers of right to protest. Include copies of or the recorded document numbers of all existing waivers of right to protest special improvement districts or maintenance districts which are applicable to the property proposed to be subdivided. 1415. Water rights. Describe how the proposed subdivision intends to satisfy 38.410.130. Provide documentation of all water rights appurtenant to the proposed subdivision; e.g. previous payment-in-lieu of water rights, groundwater certificates, statements of claim, provisional permits, decreed rights, canal or water users association shares etc. Sec. 38.220.040. - Subdivision preliminary plat. (38.41.040) A. The preliminary plat must be legibly drawn as specified in the application form provided by the community development department.at a horizontal scale no smaller than 100 feet to the inch, and BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 45 December 20, 2017 UDC update 7-28-2017 draft may show approximate boundaries, dimensions, distances and areas, unless specifically noted. The plat shall be on one or more sheets of 18- by 24-inch or 24- by 36-inch paper. Where accurate information is required, surveying and engineering data must be prepared under the supervision of a registered engineer or registered land surveyor, licensed in the state, as their respective licensing laws allow. The plat submittal must include the following: 1. Pre-application information. All information required with the pre-application plan, as outlined in section 38.220.030. 2. Subdivision information. Name and location of the subdivision, scale, scale bar, north arrow, date of preparation, lots and blocks (designated by number), the dimensions and area of each lot, and the use of each lot, if other than for single-household. 3. Streets, roads and grades. All streets, roads, alleys, avenues, highways and easements; the width of the right-of-way, grades and curvature of each; existing and proposed road and street names; and proposed location of intersections for any subdivision requiring access to arterial or collector streets. 4. Adjoining subdivisions. The names of adjoining platted subdivisions and numbers of adjoining certificates of survey. 5. Adjoining owners. Names and addresses of record owners of lots and tracts immediately adjoining the proposed subdivision. 6. Perimeter survey. An approximate survey of the exterior boundaries of the platted tract with bearings, distances, and curve data indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline or a body of water, the bearings and distances of a closing meander traverse must be given. 7. Section corner. The approximate location of all section corners or legal subdivision corners of sections pertinent to the subdivision boundary. 8. Phased improvements. If the required improvements required are to be completed in phases after the final plat is filed, the approximate area of each phase must be shown on the plat. 9. Contours. Ground contours must be provided for the tract according to the following requirements: Table 38.220.040 Where the average slope is: Contour intervals must be: Under 10 percent 2 feet (if all lots are over one acre in size, five feet intervals may be used) Between 10 and 15 percent 5 feet Greater than 15 percent 10 feet 10. Waivers. List of waivers granted from the requirements of section 38.220.060 during the pre- application process must be submitted with the preliminary plat application. 11. Request for exemption from department of environmental quality review. If the developer is proposing to request an exemption from the department of environmental quality for infrastructure plan and specification review, the preliminary plat application must include a written request from the developer's professional engineer, licensed in the state, that indicates the intent to request the exemption, and details the extent of water, sewer and stormwater infrastructure that will be completed prior to final plat approval. A detailed preliminary stormwater drainage plan must also be submitted with the written request. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 46 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.220.050. - Preliminary plat supplements required for all subdivisions. (38.41.050) A. The following supplemental information must be submitted with the preliminary plat. 1. Area map. A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads. 2. Subdivision map. Map of entire subdivision on an 8½-by-11-inch, 8½-by-14-inch, or 11-by-17- inch sheetas specified on the application form provided by the community development department. 3. Variances. A written statement describing any requested subdivision variance and the facts of hardship upon which the request is based (refer to division 38.250 of this chapter). 4. Property owners’. A certified list of adjoining property owners’, their mailing addresses and property description, including property owners’ across public rights-of-way and/or easements. The names and addresses must also be provided on self-adhesive mailing labels, one set of labels for first minor subdivisions or subdivisions eligible for summary review, and three sets of labels for all other subdivisions. 5. Documents and certificates. Draft copy of the following documents, and certificates to be printed on or to accompany the preliminary plat: a. Covenants, restrictions and articles of incorporation for the property owners’ association. b. Encroachment permits or a letter indicating intention to issue a permit where new streets, easements, rights-of-way or drivewaysdrive aisles intersect state, county or city highways, streets or roads. c. A letter of approval or preliminary approval from the city where a zoning change is necessary. d. A draft of such other appropriate certificates. e. Provision for maintenance of all streets (including emergency access), parks, and other required improvements if not dedicated to the public, or if private. 6. Street profile sheets. Profile sheets for street grades greater than five percent. 7. Application and fee. Completed preliminary plat application form, with the original signatures of all owners of record or their authorized representatives, and the required review fee. If an authorized representative signs on behalf of an owner of record, a copy of the authorization must be provided. 8. Noxious weed management and revegetation plan. Noxious weeds must be controlled in all developments as directed by the county weed control district (district) in accordance with the Montana County Noxious Weed Control Act (MCA 7-22-21). The developer must have any noxious weeds identified and their location mapped by a person with experience in weed management and knowledgeable in weed identification. A noxious weed management and revegetation plan approved by the district for control of noxious weeds must be submitted with the preliminary plat application. This plan must ensure the control of noxious weeds upon preliminary plat approval and the revegetation of any land disturbed during the construction of subdivision improvements. 9. Sanitation information. When the subdivision does not qualify for the certification established in section 38.240.100 the subdivider must provide the information regarding sanitation set forth in MCA 76-3-622. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 47 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.220.060. - Additional subdivision preliminary plat supplements. (38.41.060) A. The following list of preliminary plat application supplements must also be provided for all subdivisions unless waived by the development review committee during the pre-application process. The developer must include documentation of any waivers granted by the city after the pre-application meeting or plan review. Additional relevant and reasonable information may be required to adequately assess whether the proposed subdivision complies with this chapter and the Montana Subdivision and Platting Act. The need for additional information must beis determined during the pre-application process. 1. Surface water. a. Mapping. Locate on a plat overlay or sketch map all surface waters and the delineated floodplain which may affect or be affected by the proposed subdivision including: (1) Natural water systems such as natural streams, creeks, stream/ditches, drainages, waterways, gullies, ravines or washes in which water flows either continuously or intermittently and has a definite channel, bed and banks. (2) Artificial water systems such as canals, ditches, ditch/streams, aqueducts, reservoirs, irrigation or drainage systems. b. Description. (1) Describe all surface waters which may affect or be affected by the proposed subdivision including name, approximate size, present use and time of year when water is present. (2) Describe proximity of proposed construction (such as buildings, sewer systems, streets) to surface waters. c. Water body alteration. Describe any existing or proposed streambank or shoreline alterations or any proposed construction or modification of lake beds, watercourses or irrigation ditches. Provide information on location, extent, type and purpose of alteration. Provide a revised floodplain analysis report, in compliance with article 6 of this chapter, as appropriate. d. Wetlands. If the subdivision contains wetlands, as defined in section 38.700.210 of this chapter, then a delineation of the wetland must be shown on the preliminary and final plats. e. Permits. Include copies of any permits listed in section 38.41.020 that have been obtained for the project. 2. Floodplains. A floodplain analysis report must be submitted with the preliminary plat in compliance with article 6 of this chapter. 3. Groundwater. a. Depth. Establish the seasonal minimum and maximum depth to the water table, dates on which these depths were determined, and the location and depth of all known aquifers which may be affected by the proposed subdivision. The high water table must be determined from tests taken during the period of major concern as specified in writing by the county environmental health department. Specific locations for test holes may also be determined by the county environmental health department. b. Steps to avoid degradation. Describe any steps necessary to avoid the degradation of groundwater and groundwater recharge areas. 4. Geology; soils; slopes. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 48 December 20, 2017 UDC update 7-28-2017 draft a. Geologic hazards. Identify geologic hazards affecting the proposed subdivision which could result in property damage or personal injury due to rock falls or slides; landslides, mud or snow; surface subsidence (i.e., settling or sinking); or seismic activity. b. Protective measures. Explain what measures will be taken to prevent or materially lessen the danger of future property damage or injury due to any of the hazards referred to in subsection A.4.a of this section. c. Unusual features. Provide a statement describing any unusual soil, topographic or geologic conditions on the property which limit the capability for building or excavation using ordinary and reasonable construction techniques. The statement should address conditions such as shallow bedrock, high water table, unstable or expansive soil conditions, and slope. On a map, identify any slopes in excess of 15 percent grade. d. Soils map. The subdivision must be overlaid on the county soil survey maps obtained from the Natural Resource and Conservation Service (NRCS). The maps are 1:24,000 in scale. These maps may be copied without permission. However, enlargement of these maps could cause misunderstanding of the detail of mapping. Soils were mapped using a minimum delineation of five acres, and these soils reports were intended to alert developers to possible problems and the need for a more detailed on-site investigation. The developer must provide the following soil reports, which can be obtained from the NRCS: (1) The physical properties and engineering indexes for each soil type; (2) Soil limitations for building and site development, and water features for each soil type; (3) Hydric soils report for each soil type. If hydric soils are present, the developer must provide a wetlands investigation by a certified consultant, using the current Federal Manual for Identifying and Delineating Jurisdictional Wetlands (January 1987); and (4) The developer must provide any special design methods planned to overcome the above limitations. e. Cuts and fills. Describe the location and amount of any cut or fill three or more feet in depth. These cuts and fills should be indicated on a plat overlay or sketch map. Where cuts or fills are necessary, describe any plans to prevent erosion and to promote revegetation such as replacement of topsoil and grading. 5. Vegetation. a. Vegetation map. On a plat overlay or sketch map: (1) Indicate the distribution of the major vegetation types such as marsh, grassland, shrub, coniferous forest, deciduous forest or mixed forest. (2) Identify critical plant communities such as stream bank or shoreline vegetation; vegetation on steep, unstable slopes; and vegetation on soils highly susceptible to wind or water erosion. b. Protective measures. Describe measures to preserve trees and critical plant communities (e.g., design and location of streets, lots and open spaces). 6. Wildlife. a. Species. Describe species of fish and wildlife which use the area affected by the proposed subdivision. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 49 December 20, 2017 UDC update 7-28-2017 draft b. Critical areas. Identify on a plat overlay or sketch map of the proposed subdivision any known critical, significant or "key" wildlife areas, such as big game winter range, waterfowl nesting areas, habitat for rare or endangered species or wetlands. c. Pets/human activity. Describe the expected effects of pets and human activity on wildlife. d. Public access. Describe the effects on public access to public lands, trails, hunting or fishing areas. e. Protective measures. Describe any proposed measures to protect or enhance wildlife habitat or to minimize degradation (e.g., keeping building and streets back from shorelines, setting aside marshland as undeveloped open space). f. Discussion of impact; documentation. The developer must discuss the impact of the proposed development on fish and wildlife with the state department of fish, wildlife and Parks (FWP). With the preliminary plat, the developer must provide written documentation from FWP that: (1) Verifies that FWP has reviewed the proposed plat; (2) Lists any FWP recommendations; and (3) Outlines any mitigation planned to overcome any adverse impacts. 7. Historical features. a. Affected areas. Describe and locate on a plat overlay or sketch map any known or possible historic, paleontological, archaeological, or cultural sites, structures, or objects which may be affected by the proposed subdivision. b. Protective measures. Describe any plans to protect such sites or properties. c. Procedures. Describe procedures to be followed if any historic, paleontological, archaeological, cultural sites, structures or object are found on site during site preparation and construction. d. Discussion of impact; documentation. The developer must discuss the impact of the proposed development on any historic features, and the need for inventory, study and/or preservation with the state historic preservation office (SHPO). The developer must provide written documentation from SHPO that: (1) Verifies that SHPO has reviewed the proposed plat; (2) Lists any SHPO recommendations; (3) Outlines any plans for inventory, study, and/or preservation; and (4) Describes any mitigation planned to overcome any adverse impacts. e. Preparation of information. Information on historical sites must be prepared by a qualified professional, including persons with a professional or educational background in history, architectural history, archaeology, art history, historic preservation, anthropology and cultural resource management. 8. Agriculture. a. Number of acres in production and type of production. b. Agricultural operations in the vicinity, and other uses of land in the general vicinity. c. The productivity of the land. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 50 December 20, 2017 UDC update 7-28-2017 draft d. Whether or not the property is part of a viable farm unit, and whether the property was under production during the last regular season. e. What measures will be taken, if any, to control family pets. f. Fencing of agricultural land. Describe any existing fence lines around the subdivision boundary which protect agricultural lands under an ownership other than of the developer, and describe any measure which will be taken to ensure that the owners of the subdivision will share with the owner of the agricultural lands in the continued maintenance of the fence. 9. Agricultural water user facilities. a. Type, description, ownership and users of facilities. b. Written documentation demonstrating active use of facilities, for example the delivery of non-potable water supplies for irrigation, conversion to stormwater facilities, or other use. If a facility is not being actively used, include a written plan for discontinuance including all documentation required pursuant to Montana Law. c. Describe any proposed realignment. All realignments must comply with all relevant requirements of Montana law. d. Information from the owner(s) of the facility concerning the proposed use or discontinuance of the facility. 10. Water and sewer. Provide an engineering design report and/or other documentation demonstrating that adequate water distribution systems and capacity, and sewage collection and disposal systems and capacity, exists or will be provided to serve the proposed subdivision. a. Water rights. Describe how the proposed subdivision intends to satisfy 38.410.130. Provide documentation of all water rights appurtenant to the proposed subdivision; e.g. previous estimates or actual payment-in-lieu of water rights, certified well logs, decrees or adjudications, etc. 11. Stormwater management. A stormwater management plan meeting the requirements of section 40.04.700 and the city’s adopted stormwater master plan. 12. Streets, roads and alleys. a. Description. Describe any proposed new public or private streets, roads or alley, or substantial improvements of existing public or private streets, roads or alleys. The developer must demonstrate that the land to be subdivided has access onto a legal street. b. Access to arterial. Discuss whether any of the individual lots or tracts have access directly to arterial streets or roads, and if so, the reason access was not provided by means of a street within the subdivision and how the access complies with section 38.400.090. c. Modification of existing streets, roads or alleys. Explain any proposed closure or modification of existing streets, roads or alleys. d. Dust. Describe provisions considered for dust control on alleys. e. Pollution and erosion. Explain how street, road and alley maintenance will be provided to meet the department of environmental quality guidelines for prevention of water pollution and erosion. f. Traffic generation. Discuss how much daily traffic will be generated on existing local and neighborhood streets, roads and alleys, when the subdivision is fully developed, and provide the following information: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 51 December 20, 2017 UDC update 7-28-2017 draft (1) The report format must be as follows: (a) Trip generation, using the Institute of Transportation Engineers Trip Generation Manual; (b) Trip distribution; (c) Traffic assignment; (d) Capacity analysis; (e) Evaluation; and (f) Recommended access plan, including access points, modifications and any mitigation techniques. (2) The report must include the following information: (a) Land use and trip generation in the form of a table of each type of land use, the number of units or square footage, as appropriate, the trip rates used (daily and peak) and resulting trip generation. (b) Traffic graphics, which show: (i) A.M. peak hour site traffic; (ii) P.M. peak hour site traffic; (iii) A.M. peak hour total traffic; (iv) P.M. peak hour total traffic; (v) Total daily traffic (with site-generated traffic shown separately). (c) A.M. and P.M. capacity analysis with an A.M. and P.M. peak-hour capacity analysis provided for: (i) All major drive accesses that intersect collector or arterial streets or roads; and (ii) All arterial-arterial, collector-collector and arterial-collector intersections within one-half mile of the site, or as required by the city engineer during the pre- application review, concept plan review, or informal project review. (d) For two-way stop controlled intersections, analysis of whether the intersection would satisfy signalization warrants if the two-way stop control was removed. g. Capacity. Indicate the levels of service (before and after development) of existing and proposed streets and roads, including appropriate intersections, to safely handle any increased traffic. Describe any anticipated increased maintenance that will be necessary due to increased traffic and who will pay the cost of maintenance. h. Bicycle and pedestrian pathways, lanes and routes. Describe bicycle and pedestrian pathways, lanes or routes to be developed with the development. i. Traffic calming. Detailed drawings of any proposed traffic calming installations, including locations and turning radius templates. 13. Utilities. The developer must submit a copy of the subdivision plat to all relevant utility companies. With the preliminary plat, the developer must provide written documentation of the following: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 52 December 20, 2017 UDC update 7-28-2017 draft a. Affected utilities. Indicate which affected utilities the subdivision plat has been submitted to for review, and include a copy of responses. b. Include a description of: (1) The method of furnishing electric, natural gas, cable TV, internet or telephone service, where provided. (2) Estimated timing of each utility installation. (3) The developer must provide a written statement from the utility companies that the proposed subdivision can be provided with service. 14. Educational facilities. With the preliminary plat, provide a written statement from the administrator of the appropriate school system indicating whether the increased enrollment can be accommodated by the present personnel and facilities and by the existing school bus system. 15. Land use. a. Indicate the proposed use and number of lots or spaces in each: (1) Residential area, single-household; (2) Residential area, multiple-household. Types of multiple-household structures and numbers of each (e.g., duplex, four-plextwo or four unit structures); (3) Planned unit development (number of units); (4) Condominium (number of units); (5) Manufactured housing community (number of units); (6) Recreational vehicle park; (7) Commercial or industrial; and (8) Other (please describe). 16. Parks and recreation facilities. The following information must be provided for all land used to meet parkland dedication requirements: a. Park plan. A park plan, including: (1) Site plan with one-foot contour topographic survey for the entire property; showing developer installed improvements on the initial park plan and proposed future improvements on the future park plan, and phasing proposed if any; (2) Drainage areas; (3) Utilities within, serving, and adjacent to the property; (4) The zoning and ownership for adjacent properties; (5) The location of any critical lands (wetlands, riparian areas, streams, etc.) and location of watercourse setbacks and any permits from non-city agencies required to execute the proposed plan; (6) Park landscaping plan, prepared by a qualified landscape professional in accordance with section 38.220.100, showing the location and specific types and species of plants, shrubs, trees as well as grass seed mixes and the irrigation system including but not limited to identification of water source, points of connection, mains, laterals, valves, zones, and sprinkler heads; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 53 December 20, 2017 UDC update 7-28-2017 draft (7) General description of land, including size, terrain, details of location and history, water features, and proposed activities; (8) Trail design and construction showing compliance with adopted city standards and trail classifications; (9) The requirement for approval of the final park plan by the review authority with a recommendation from the city recreation and parks advisory board prior to any site work; (10) The requirement for a preconstruction meeting prior to any site work; (11) Appropriate sections from the design guidelines for city parks; (12) Cost estimate, installation phasing and responsibility, and maintenance plan tasks and responsibility for all improvements; (13) If playground equipment will be provided, information including the manufacturer, installation data and specifications, installer, type of fall zone surfacing and age group intended for use must be provided; (14) Soils information and analysis.; (15) A description of how the proposed park plan is consistent with the goals of the city’s long range parks plan; (16) A description of how the proposed park will meet the recreational needs of the residents of the development; (17) The proposed manner of providing irrigation to the park including water source, amount of water expected to be consumed annually, and proposed manner of transfer of water facilities and rights to the city; and (18) A phase I environmental assessment of the area proposed to be transferred to the city or property owner’s association.. b. Park maintenance. (1) Maintenance information, including levels of maintenance, a maintenance schedule, and responsible parties; (2) Weed control plan, including responsible parties; and (3) Plan for garbage collection, snow removal and leaf removal including responsible parties. c. Irrigation information. (1) An irrigation system map generally showing the locations and types of lines, including depth, water source, heads, electric valves, quick couplers, drains and control box; and (2) If a well will be used for irrigation, a certified well log must be submitted showing depth of well, gpm, pump type and size, voltage, water rights, etc. d. Phasing. If improvements will be phased, a phasing plan must be provided including proposed financing methods and responsibilities. e. Cash-in-lieu. If the development includes a proposal for cash-in-lieu of park a specific justification responding to the cash-in-lieu review factors established by resolution of the city commission. If improvements-in-lieu are proposed specific costs of proposed improvements and costs to install must be provided. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 54 December 20, 2017 UDC update 7-28-2017 draft 17. Neighborhood center plan. A neighborhood center plan must be prepared and submitted for all subdivisions containing a neighborhood center. 18. Lighting plan. The following subdivision lighting information must be submitted for all new subdivisions: a. For subdivision applications where lighting is required or proposed, lighting plans must be submitted to the city for review and approval, and must include: (1) Isofootcandle plots for individual fixture installations, and ten-foot by ten-foot illuminance-grid plots for multifixture installations, which demonstrate compliance with the intensity and uniformity requirements as set forth in this chapter. (2) Description of the proposed equipment, including fixture manufacturer's cutsheets, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details and mounting methods. (3) The lighting plan must be prepared, and certified for compliance with the city's design requirements and illumination standards, by a qualified lighting professional. Qualified lighting professionals include electrical engineers, architects, lighting designers and manufacturers representatives. (4) Lighting calculations must may include only the illuminated areas; areas occupied by buildings or other nonlighted areas must be excluded from calculations. b. When requested by the city, the applicant must also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare and to retain the city's character. c. Post-approval alterations to lighting plans or intended substitutions for approved lighting must only be made after city review and approval. 19. Miscellaneous. a. Public lands. Describe how the subdivision will affect access to any public lands. Where public lands are adjacent to or within 200 feet of the proposed development, describe present and anticipated uses for those lands (e.g., open space, recreation, etc.), and how public access will be preserved/enhanced. b. Hazards. Describe any health or safety hazards on or near the subdivision, such as mining activity or potential subsidence, high pressure gas lines, dilapidated structures or high voltage power lines. Any such conditions should must be accurately described and their origin and location identified. List any provisions that will be made to mitigate these hazards. Also describe any on-site or off-site land uses creating a nuisance. c. Wildlands-Urban Interface. Describe the subdivision’s location within or proximity to the Wildlands-Urban Interface (WUI) and ember zone designated by the most recent city- adopted hazard mitigation plan. Describe any hazard from the subdivision’s proximity to the WUI. List any provisions that will be used to mitigate these hazards and reduce structure ignitability. 20. Affordable housing. Describe how the subdivision will satisfy the requirements of division 38.380. The description must be of adequate detail to clearly identify those lots designated as subject to division 38.380 compliance requirements and to make the obligations placed on the affected lots readily understandable. a. On all lots intended to be used to satisfy the requirements of division 38.380, the allowable building envelope must be depicted. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 55 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.220.070. - Final plat. (38.41.070) 1A. The following materials must be provided with each application for final plat approval. Materials must be provided in the number of copies and form established by the director of community development. 21. A letter from the city engineer certifying that the following documents have been received: a. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public improvements, including a complete grading and drainage plan. b. Copy of the state highway access or encroachment permit where a street created by the plat will intersect with a state highway. 32. Noxious weed MOU. Prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum of understanding must be signed by the district and the developer prior to final plat approval, and a copy of the signed document must be submitted to the community development department with the application for final plat approval. 43. Final park plan. For all land used to meet parkland dedication requirements, a final park plan must be submitted to the city for review and approval prior to final plat. The final park plan must include all of the information listed in section 38.220.060.A.16 and must include evidence of compliance with the installation requirements of division 38.270. 54. Irrigation system as-builts. The developer must provide irrigation system as-builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements, once the irrigation system is installed. The as-builts must include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box. 65. Affordable housing. The developer must provide a description of how the subdivision has complied with division 38.380. The description must be of adequate detail to clearly identify those lots designated as subject to division 38.380 compliance requirements and to make the obligations placed on the affected lots readily understandable. 76. Conditions of Approval. A sheet(s) of the plat depicting conformance with subdivision application approval must be submitted as set forth in 24.183.1107 ARM as may be amended and as required by the county clerk and recorder, and must: a. be entitled "Conditions of Approval of [insert name of subdivision]" with a title block including the quarter-section, section, township, range, principal meridian, county, and, if applicable, city or town in which the subdivision is located. b. contain any text and/or graphic representations of requirements by the governing body for final plat approval including, but not limited to, setbacks from streams or riparian areas, floodplain boundaries, no-build areas, building envelopes, or the use of particular parcels. c. include a certification statement by the landowner that the text and/or graphics shown on the Conditions of Approval sheet(s) represent(s) requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied. d. include a notation stating that the information shown is current as of the date of the certification, and that changes to any land-use restrictions or encumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local regulations. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 56 December 20, 2017 UDC update 7-28-2017 draft e. include a notation stating that buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat, and that buyers of property are strongly encouraged to contact the local community development department and become informed of any limitations on the use of the property prior to closing. f. list all associated recorded documents and recorded document numbers. g. include a tabulation of parkland credit for the entire subdivision and attributed to each lot. h. include a tabulation of open space. i. list easements, including easements for agricultural water user facilities. 87. Documents. The following documents must accompany the final plat: a. a title report or certificate of a title abstractor; b. any covenants or deed restrictions relating to the subdivision; c. the security required pursuant to 38.270.060, securing the future construction of any remaining private or public improvements to be installed; d. unless otherwise provided in this chapter, copies of final plans, profiles, grades, and specifications for improvements, including a complete grading and drainage plan, with the certification of a professional engineer that all required improvements which have been installed are in conformance with the attached plans. The subdivider must file copies of final plans, profiles, grades, and specifications for improvements, including a complete grading and drainage plan, with the certification of a professional engineer that all required improvements which have been installed are in conformance with the attached plans, with the city engineering division of the department of public works and the city parks department. A statement must be included on the Conditions of Approval sheet stating where the plans can be obtained; e. if a street, alley, avenue, road, or highway created by the plat will intersect with a state or federal right-of-way, a copy of the access or encroachment permit; f. a title report or certificate of a title abstractor for any off-site land intended to satisfy park dedication requirements; g. any deeds or documents for transfer of land and/or improvements to the city or the property owners’ association or other entity; h. any deeds or documents for transfer of water rights; including but not limited to all required state department of natural resources and conservation documentation, e.g. ownership update form, permit, groundwater certificate and/or change authorization; and i. any other documents satisfying subdivision application approval required by the governing body to be filed or recorded. 98. The developer must submit with the application for final plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed. This narrative must be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. Sec. 38.220.080. - Site plan submittal requirements. (38.41.080) A. Applications for all site plan approvals must be submitted to the community development department on forms provided by the community development director. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 57 December 20, 2017 UDC update 7-28-2017 draft 1. General information. a. Complete, signed application including the following: (1) Name of project/development; (2) Location of project/development by street address and legal description; (3) Name and mailing address of developer and owner; (4) Name and mailing address of engineer/architect, landscape architect and/or planner; (5) Listing of specific land uses being proposed; and (6) A statement signed by the owner of the proposed development of their intent to comply with the requirements of this Code and any conditions considered necessary by the approval body; b. Location map, including area within one-half mile of the site; c. List of names and addresses of property owners’ according to division 38.220 of this chapter; d. For all developments, excluding sketch and reuse/further development, a construction route map must be provided showing how materials and heavy equipment will travel to and from the site. The route must avoid, where possible, local or minor collector streets or streets where construction traffic would disrupt neighborhood residential character or pose a threat to public health and safety. 2. Site plan information. The following information is required whenever the requested information pertains to zoning or other regulatory requirements of this chapter, existing conditions on-site or conditions on-site which would result from the proposed development: a. Boundary line of property with dimensions; b. Date of plan preparation and changes; c. North point indicator; d. Suggested scale of one inch to 20 feet, but not less than one inch to 100 feet; e. Parcel and site coverage information: (1) Parcel size in gross acres and square feet; (2) Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR), with a breakdown by land use; and (3) Location, percentage of parcel and total site, and square footage for the following: (a) Existing and proposed buildings and structures; (b) Driveway and parking; (c) Open space and/or landscaped area, recreational use areas, public and semipublic land, parks, school sites, etc.; and (d) Public street right-of-way; f. Total number, type and density per type of dwelling units, and total net and gross residential density and density per residential parcel; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 58 December 20, 2017 UDC update 7-28-2017 draft g. Location, identification and dimension of the following existing and proposed data, on-site and to a distance of 100 feet (200 feet for PUDs) outside site plan boundary, exclusive of public rights-of-way, unless otherwise stated: (1) Topographic contours at a minimum interval of two feet, or as determined by the community development director; (2) Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to major arterial streets where the distances must be 200 feet; (3) On-site streets and rights-of-way; (4) Ingress and egress points; (5) Traffic flow on-site; (6) Traffic flow off-site; (7) Utilities and utility rights-of-way or easements: (a) Electric; (b) Natural gas; (c) Telephone, cable TV, optic fiber, and similar utilities; (d) Water; and (e) Sewer (sanitary, treated effluent and storm); (8) Surface water, including: (a) Holding ponds, streams and irrigation ditches; (b) Watercourses, water bodies and wetlands; (c) Floodplains as designated on the federal insurance rate map or that may otherwise be identified as lying within a 100-year floodplain through additional floodplain delineation, engineering analysis, topographic survey or other objective and factual basis; and (d) A floodplain analysis report in compliance with article 6 of this chapter if not previously provided with subdivision review; (9) Grading and drainage plan, including provisions for on-site retention/detention and water quality improvement facilities as required by the engineering department, or in compliance with any adopted storm drainage ordinance or best management practices manual adopted by the city; (a) All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc., which may be incorporated into the storm drainage system for the property must be designated: (i) The name of the drainageway (where appropriate); (ii) The downstream conditions (developed, available drainageways, etc.); and (iii) Any downstream restrictions; (10) Significant rock outcroppings, slopes of greater than 15 percent or other significant topographic features; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 59 December 20, 2017 UDC update 7-28-2017 draft (11) Sidewalks, walkways, drivewaysdrive aisles, loading areas and docks, bikeways, including typical details and interrelationships with vehicular circulation system, indicating proposed treatment of points of conflict, a statement requiring lot accesses to be built to the standard contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications; (12) Provision for handicapped accessibility, including, but not limited to, wheelchair ramps, parking spaces, handrails and curb cuts, including construction details and the applicant's certification of ADA compliance; (13) Fences and walls, including typical details; (14) Exterior signs; (15) Exterior refuse collection areas, including typical details; (16) A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses, containing a layout of all proposed fixtures by location and type. The materials required in section 38.220.060.A.18, if not previously provided; (17) Curb, asphalt section and drive approach construction details; (18) Landscaping (detailed plan showing plantings, equipment, and other appropriate information as required in section 38.220.100); (19) Unique natural features, significant wildlife areas and vegetative cover, including existing trees and shrubs having a diameter greater than 2.5 inches, by species; (20) Snow storage areas; (21) Location of city limit boundaries, and boundaries of Gallatin County's Bozeman Area Zoning Jurisdiction, within or near the development; (22) Existing zoning within 200 feet of the site; (23) Historic, cultural and archaeological resources, describe and map any designated historic structures or districts, and archaeological or cultural sites; and (24) Major public facilities, including schools, parks, trails, etc.; h. Detailed plan of all parking facilities, including circulation aisles, access drives, bicycle racks, compact spaces, handicapped spaces and motorcycle parking, on-street parking, number of employee and nonemployee parking spaces, existing and proposed, and total square footage of each; i. The information required by section 38.220.060.A.12, subject to the following exceptions: (1) Such information was previously provided through a subdivision review process; or (2) The provision of such information was waived in writing during subdivision review of the land to be developed; or (3) The provision of such information is waived in writing by the city engineer prior to submittal of a preliminary site plan application; or (4) The application for site plan approval involves the redevelopment of property located within the city's established neighborhood conservation overlay district. In such cases, the city may require the property owner to sign a waiver of right to protest creation of a special improvement district, or other form of agreement, assuring participation, on a BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 60 December 20, 2017 UDC update 7-28-2017 draft fair share, pro-rata basis, in future improvements to intersections in the vicinity of the development proposal; or (5) The application for site plan approval involves the adaptive reuse of an existing building, regardless of its location within the city, or the redevelopment of a property located within one of the city's urban renewal districts. In cases where an existing building or complex of buildings is to be torn down and replaced with a larger building or complex of buildings, the city engineer may require the information described in section 38.220.060.A.12 to evaluate the additional traffic impacts resulting from development of the larger building or complex of buildings; j. Building design information (on-site): (1) Building heights and elevations of all exterior walls of the building or structure; (2) Height above mean sea level of the elevation of the lowest floor and location of lot outfall when the structure is proposed to be located in a floodway or floodplain area; (3) Floor plans depicting location and dimensions of all proposed uses and activities; and (4) All on-site utilities and mechanical equipment; k. Description and mapping of soils existing on the site, accompanied by analysis as to the suitability of such soils for the intended construction and proposed landscaping; l. Temporary facilities plan showing the location of all temporary model homes, sales offices and/or construction facilities, including temporary signs and parking facilities; m. Unless already provided through a previous subdivision review, a noxious weed control plan complying with section 38.220.050; and n. Drafts of applicable supplementary documents as set forth in division 38.220 of this chapter; o. The information necessary to complete the determination of density change and parkland provision required by section 38.420.020.B, unless such information was previously determined by the city to be inapplicable and written confirmation is provided to the applicant prior to submittal of a preliminary site plan application. If a new park will be created by the development the park plan materials of section 38.220.060.A.16, must be provided; p. Affordable housing. Describe how the site plan will satisfy any requirements of division 38.380 which have either been established for that lot through the subdivision process or if no subdivision has previously occurred are applicable to a site plan. The description must be of adequate detail to clearly identify those lots and dwellings designated as subject to division 38.380 compliance requirements and to make the obligations placed on the affected lots and dwellings readily understandable; q. Phased site plans: (1) A phasing plan showing the location of phase boundaries and that each phase will be fully functional if subsequent phases are not completed; (2) A utilities plan showing that each phase will be able to be fully functional if subsequent phases are not completed; (3) A revegetation and grading plan showing how disturbed areas will be revegetated to control weeds and site grading and drainage control will be maintained as phased construction proceeds; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 61 December 20, 2017 UDC update 7-28-2017 draft (4) If the applicant intends for multiple phases to be under construction simultaneously, evidence of financial commitment from the project lender for the completion of all phases to be undertaken at once. Evidence of financial commitment may be provided at the time the building permits for the multiple phases are sought. r. When 38.420.020 requires parkland dedication in association with a site plan, and cash-in-lieu of parkland will not be provided, the materials required by 38.220.060.A.16. Sec. 38.220.090. - Certificates of appropriateness; additional application requirements, review procedures and review criteria. (38.41.090) A. Submittal requirements for certificates of appropriateness. All development proposals requiring certificates of appropriateness (e.g., located in a neighborhood conservation district or historic property/structure) must submit the following information in addition to any sketch plan, site plan or special development submittal requirements for the proposal: 1. Neighborhood conservation overlay district and historic property/structures. Certain information must be provided to the appropriate review authority to review prior to granting or denying a certificate of appropriateness. The extent of documentation to be submitted on any project must beis dictated by the scope of the planned alteration and the information reasonably necessary for the appropriate review authority to make its determination. At a minimum, the following items must be included in the submission: a. Completed application on form provided by the community development department; b. One current picture of each elevation of each structure planned to be altered and such additional pictures of the specific elements of the structure or property to be altered that will clearly express the nature and extent of change planned. Except when otherwise recommended, no more than eight pictures should may be submitted and all pictures must be mounted on letter-size sheets and clearly annotated with the property address, elevation direction (N, S, E, W) and relevant information; c. Sketch plan or site plan information, as per section 38.230.050 or 38.230.060; d. Historical information, including available data such as pictures, plans, authenticated verbal records and similar research documentation that may be relevant to the planned alteration; e. Materials and color schemes to be used; f. Plans, sketches, pictures, specifications and other data that will clearly express the applicant's proposed alterations; g. A schedule of planned actions that will lead to the completed alterations; h. Such other information as may be suggested by the planning department; i. It is further suggested that the applicant seek comments from the neighborhood or area; jh. Description of any applicant-requested deviation and a narrative explanation as to how the requested deviation will encourage restoration and rehabilitation activity that will contribute to the overall historic character of the community; ki. An illustration showing all internal and external elements of a structure to be removed or altered by a project. All elements to be removed or altered, and to what extent, must be clearly identified and must include those elements to be removed and reinstalled; lj. If demolition of a historic structure, as defined in article 7 of this chapter, is proposed a structural analysis and cost estimates indicating the costs of repair and/or rehabilitation to BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 62 December 20, 2017 UDC update 7-28-2017 draft bring the structure to a habitable condition as established by the applicable technical codes in Article 10.02, versus the costs of demolition and redevelopment. Analysis must include cost estimates from more than one general contractor for the work. The cost comparison is between the cost to rehabilitate the structure to a condition which meets the building code standard for occupancy and demolition and construction of a new structure of the same type and scale to building code standards. mk. If a building is claimed to be unsafe evidence to support that claim; and nl. For any non-conforming structure, an analysis of demolition to determine whether the threshold for loss of protected non-conforming status per 38.280.040.B has been met or surpassed; and. m. Such other information as may be required by the community development department. 2. It is further suggested that the applicant seek comments from the neighborhood or area. 2. Entryway overlay district. a. Depending on the complexity of development, either sketch plans or site plans will be required as specified in part 1 of division 38.220. b. If the proposal includes an application for a deviation as outlined in section 38.250.050, the application for deviation shall be accompanied by written and graphic material sufficient to illustrate the conditions that the modified standards will produce, so as to enable the review authority to make the determination that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards, and will be consistent with the intent and purpose of division 38.340 of this chapter. Sec. 38.220.100. - Submittal requirements for landscape plans. (38.41.100) A These landscape regulations apply to a lot or site subject to plan review and approval outlined in division 38.230 of this chapter., Aa separate landscape plan must be submitted as part of the site plan application unless the required landscape information can be included in a clear and uncluttered manner on a site plan that meets formatting requirements as determined by the city and the standards listed belowwith a scale where one inch equals 20 feet. B. Landscape plan format. The landscape plan submittal must include: 1. Suggested scale of one inch equals 20 feet but not less than one inch equals 100 feet; and 2. Standard drawing sheet of a size not to exceed 24 by 36 inches. A plan which cannot be drawn entirely on a 24- by 36-inch sheet must be drawn on two or more sheets, with match lines. C. Preparation of landscape plan. Landscape plans must be prepared and certified by: 1. A state-registered landscape architect; 2. An individual with a degree in landscape design and two years of professional design experience in the state; or 3. An individual with a degree in a related field (such as horticulture, botany, plant science, etc.) and at least five years of professional landscape design experience, of which two years have been in the state. DC. Contents of landscape plan. A landscape plan required pursuant to this chapter must contain the following information: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 63 December 20, 2017 UDC update 7-28-2017 draft 1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan; 2. Location of existing boundary lines and dimensions of the lot; 3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the location of any 100-year floodplain; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, utility easements, utility lines, drivewaysdrive aisles and sidewalks on the lot and/or adjacent to the lot; 4. Project name, street address, and lot and block description; 5. Location, height and material of proposed screening and fencing (with berms to be delineated by one foot contours); 6. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer strips; 7. Complete landscape legend providing a description of plant materials shown on the plan, including typical symbols, names (common and botanical name), locations, quantities, container or caliper sizes at installation, heights, spread and spacing. The location and type of all existing trees on the lot over six inches in caliper must be specifically indicated; 8. Complete illustration of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount (in square feet) of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces; 9. An indication of how existing healthy trees (if any) are to be retained and protected from damage during construction; 10. Size, height, location and material of proposed seating, lighting, planters, sculptures, and water features; 11. A description of proposed watering methods; 12. Location of street vision triangles on the lot (if applicable); 13. Tabulation of "points" earned by the plan (see section 38.550.060); 14. Designated snow removal storage areas; 15. Location of pavement, curbs, sidewalks and gutters; 16. Show location of existing and/or proposed drainage facilities which are to be used for drainage control; 17. Existing and proposed grade; 18. Size of plantings at the time of installation and at maturity; 19. Areas to be irrigated; 20. Planting plan for watercourse buffers, per section 38.410.100, if not previously provided through subdivision review; and 21. Front and side elevations of buildings, fences and walls with height dimensions if not otherwise provided by the application. Show open stairways and other projections from exterior building walls. Sec. 38.220.110. - Sketch plan submittal requirements. (38.41.110) A sketch plan must be drawn to scale and in sufficient detail to demonstrate compliance with the requirements of this chapter. Sketch plans must be oriented with north at the top of the page and must BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 64 December 20, 2017 UDC update 7-28-2017 draft also show site boundaries, street and alley frontages with names, street trees, water and sewer service locations, sidewalks, parking location and size, and location of all structures with distances to the nearest foot inch or nearest tenth of foot between buildings and from buildings to property lines. Sec. 38.220.120. - Planned unit development submittal requirements. (38.41.120) A. The following material must be submitted for review with each planned unit development. 1. Submittal requirements for pre-applications. The following information and data must be submitted for pre-application review. The number of copies required must beis determined by the community development department: a. Data regarding site conditions, land characteristics, available community facilities and utilities and other related general information about adjacent land uses and the uses of land within one-half mile of the subject parcel of land; b. Conceptual (sketch) drawing showing the proposed location of the uses of land, major streets and other significant features on the site and within one-half mile of the site; and c. A computation table showing the site's proposed land use allocations by location and as a percent of total site area. 2. Submittal requirements for preliminary plans. The following information and data must be submitted for preliminary plan review. The number of copies required must beis determined by the community development department: a. Document requirements. The following information must be included in the submittalpresented in an 8½- by 11-inch vertically bound document. The document must be bound so that it will open and lie flat for reviewing and organized in the following order: (1) Application forms; (2) A list of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the planned unit development; (3) A statement of planning objectives, including: (a) Statement of applicable city land use policies and objectives achieved by the proposed plan and how it furthers the implementation of the city growth policy; (b) Statement of: (i) Proposed ownership of open space areas; and (ii) Applicant's intentions with regard to future ownership of all or portions of the planned unit development; (c) Estimate of number of employees for business, commercial and industrial uses; (d) Description of rationale behind the assumptions and choices made by the applicant; (e) Where deviations from the requirements of this chapter are proposed, the applicant must submit evidence of successful completion of the applicable community design objectives and criteria of section 38.430.090. The applicant must submit written explanation for each of the applicable objectives or criteria as to how the plan does or does not address the objective or criterion. The community development director may require, or the applicant may choose to submit, evidence that is beyond what is required in that section. Any element of the proposal that varies from the criterion must be described; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 65 December 20, 2017 UDC update 7-28-2017 draft (f) Detailed description of how conflicts between land uses of different character are being avoided or mitigated; and (g) Statement of design methods to reduce energy consumption, (e.g., home/business utilities, transportation fuel, waste recycling); (4) A development schedule indicating the approximate date when construction of the planned unit development, or stages of the same, can beis expected to begin and be completed, including the proposed phasing of construction of public improvements and recreational and common space areas; (5) One reduced version of all preliminary plan and supplemental plan maps and graphic illustrations at 8½- by 11-inches or 11- by 17-inches size. b. Site plan requirements. A site plan of the proposed development drawn at a scale of not less than one inch equals 100 feet, composed of one or more sheets with an outer dimension of 24 by 36 inches, showing the information required for site plans in section 38.220.080 plus the following additional information: (1) Notations of proposed ownership, public or private, should must be included where appropriate; (2) The proposed treatment of the perimeter of the planned unit development, including materials and techniques used, such as screening, fences, walls and other landscaping; and (3) Attorney's or owner's certification of ownership. c. Supplemental plan requirements. (1) Viewsheds. (a) Looking onto and across the site from areas around the site, describe and map the views and vistas from adjacent properties that may be blocked or impaired by development of the site; (b) Describe and map areas of high visibility on the site as seen from adjacent off-site locations; (2) Street cross sections if different from city standards. Street cross section schematics must be submitted for each general category of street, including: (a) The proposed width; (b) Treatment of curbs and gutters, or other stormwater control system if other than curb and gutter is proposed; (c) Sidewalk systems; and (d) Bikeway systems, where alternatives to the design criteria and standards of the city are proposed; (3) Physiographic data, including the following: (a) A description of the hydrologic conditions of the site with analysis of water table fluctuation and a statement of site suitability for intended construction and proposed landscaping. The description of the hydrologic conditions must include depth to groundwater measurements taken May 15 through September 15; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 66 December 20, 2017 UDC update 7-28-2017 draft (i) An alternative to the actual measurement of water table depth may be offered provided that such alternative includes a detailed soil profile, including a detailed description of the soil which follows The National Cooperative Soil Survey Field Book for describing soils and which provides good and sufficient evidence to establish the presence and depth of a seasonal water table, a land form position or location, or other physiographic data which are sufficient to establish the minimum depth to groundwater. Some soils are not easily profiled to establish an off-season high water table, such as those underlain by sand or gravel, those high in organic matter and those with a high lime content. Physical monitoring of these types of soils may be necessary; (b) Locate and identify the ownership of existing wells or well sites within 400 feet of the site; (4) Preliminary subdivision plat. If the project involves or requires platting, a preliminary subdivision plat, subject to the requirements of this chapter relative to subdivisions, must be submitted; (5) Traffic impact analysis. Not withstanding the waiver provisions of section 38.220.080.A.2.i, the city may require that a traffic impact analysis be prepared based upon the proposed development. The analysis must include provisions of the approved development guidelines, and must address impacts upon surrounding land uses. The city may require the traffic impact analysis to include the information in section 38.220.060.A.12. If a traffic impact analysis has been submitted as part of a concurrent subdivision review, that analysis must meet this requirement; (6) Additional studies and plans. If the development's compliance with the community design objectives and criteria is under question, the review authority may require additional impact studies or other plans as deemed necessary for providing thorough consideration of the proposed planned unit development; (7) A proposed draft of a legal instrument containing the creation of a property owner's association sufficient to meet the requirements of section 38.220.310 must be submitted with the preliminary plan application. 3. Submittal requirements for final plans. a. A completed and signed application form; b. A list of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the planned unit development; c. Site plan submittal requirements. (1) A final plan site plan including the following information must be submitted: must be submitted on a 24- by 36-inch sheet at the same scale as the approved preliminary plan. If a different scale is requested or required, a copy of the approved preliminary plan must be submitted that has been enlarged or reduced to equal the scale of the final plan. However, only the scales permitted for the preliminary plans must be permitted for final plans; (2) The final plan site plan must show the following information: (a) Land use data (same information as required on the preliminary site plan); (b) Lot lines, easements, public rights-of-way as per subdivision plat; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 67 December 20, 2017 UDC update 7-28-2017 draft (c) Attorney's or owner's certification of ownership; (d) Community development director certification of approval of the site plan and its conformance with the preliminary plan; and (e) Owner's certification of acceptance of conditions and restrictions as set forth on the site plan; d. Supplemental plans. (1) Final landscape plan. A final landscape plan consistent with the conditions and restrictions of the approved preliminary plan must be submitted. It must also be consistent with the division 38.550 of this chapter, except that any stated conditions and restrictions of the preliminary plan approval must supersede the provisions of division 38.550 of this chapter; (2) Final subdivision plat. An official final subdivision plat of the site must accompany the final planned unit development plan when applicable. City approval of the final subdivision plat must beis required before issuance of building permits; (3) Final utility plans. Prior to submission of the final plan to the DRC and ADR staff, engineering plans and specifications for sewer, water, street improvements and other public improvements, and an executed improvements agreement in proper form providing for the installation of such improvements, must be submitted to and approved by the city; and (4) Open space maintenance plan. A plan for the maintenance of open space, meeting the requirements of section 38.220.320, must be submitted with an application for final plan approval. Open space shown on the approved final plan must not be used for the construction of any structures not shown on the final plan. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 68 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.220.130. - Submittal materials for regulated activities in wetlands. (38.41.130) A. All parties applying for activity permits proposing action affecting federal, state or city regulated wetlands, watercourses and/or buffers within the city limits must submit the following information to the water review board: 1. A wetland and watercourse delineation report must be submitted to the city for all projects, if aquatic resources are present. When required to determine applicability and scope of wetland location and function the delineation shall go beyond the boundary of the property. If no aquatic resources are present, a letter must be submitted to the city stating that there are no water resources within the subject property. a. This wetland and watercourse delineation report must include, but not be limited to, the following: (1) Wetland and watercourse descriptions; (2) Functional assessment, as determined by a state-accepted functional assessment method, i.e., Montana Department of Transportation (Berglund and McEldowney 2008 as amended) or Montana Department of Environmental Quality (Apfelbeck and Farris 2005 as amended); (3) Wetland types, as determined by a state-accepted functional assessment method (i.e., Cowardin et al 1979 as amended); (4) Wetland acreages (by a licensed surveyor); (5) Maps with property boundaries, wetland and watercourse boundaries and acreages; and (6) Wetland data forms (U.S. Army Corps of Engineers data forms). 2. If activities are planned in and/or adjacent to aquatic resources the following information is required: a. A site plan which shows the property boundary; delineated wetland and watercourse boundaries; buffer boundaries; and all existing and proposed structures, roads, trails, and easements. The site plan will include a table of existing wetland functional ratings and acreage, required buffers and acreage, and linear feet of all watercourses and ditches. (1) All direct impacts to wetlands, watercourses, and buffers must be highlighted and summarized in a table on the site plan. The water resource and buffer summary table must include wetland/watercourse identification number; corresponding buffer width and acreage; total site, wetland, watercourse, ditch, and buffer acreages; jurisdictional status; impacts to all water resources and buffers; and, mitigation types and acreages. (2) All indirect impacts (e.g., shading from boardwalks or public utility well drawdown) must be summarized in the document. b. Include aA map with all proposed mitigation areas and their required buffers. The map will must include a table of mitigation wetland type and acreage and required buffers and acreage and a description and required buffers and acreage. Describeof the functional unit gain of the wetland mitigation (as determined by a state-accepted functional assessment method). c. The source, type and method of transport and disposal of any fill material to be used, and certification that the placement of fill material will not violate any applicable state or federal statutes and regulations as listed in section 38.220.020. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 69 December 20, 2017 UDC update 7-28-2017 draft d. The names and addresses of all property owners’ within 200 feet of the subject property. The names and addresses must also be provided on self-adhesive mailing labels. e. Copies of the following: (1) Any Clean Water Act (CWA) section 404 and 401 permits; (2) Any MT 301 permits; (3) Any floodplain determinations for the proposed site known to the applicant; (4) Any other applications, state or federal, for wetlands permits regarding the proposed site; (5) Any U.S. Army Corps of Engineers jurisdictional determinations regarding wetlands on the proposed and adjacent site; and (6) If relevant, any MT state joint applications for the proposed project site. ef. A completed wetland review checklist. 3. If in the preparation or review of the required submittal materials it is determined that there are unavoidable impacts to wetlands and/or watercourses that will require a Federal Clean Water Act permit, then the following information will must be submitted to the city for all federal jurisdictional and city-regulated wetlands (see section 38.700.210 for definition) in a compensatory mitigation report: a. The descriptive portion of the compensatory mitigation reportnarrative must include, at a minimum: (1) The name and contact information of the applicant; the name, qualifications, and contact information for the primary author of the compensatory mitigation report; a description of the proposal; summary of the direct and indirect impacts and proposed mitigation concept; identification of all the local, state, and federal wetland/stream-related permit required for the project; and, a vicinity map for the project. (2) Description A description of the existing wetland, watercourse and buffer areas that will be impacted including area based on professional surveys; dominant vegetation; and functional assessments and wetland ratings for the entire wetland and the portions proposed to be impacted. (3) An assessment of the potential changes in wetland hydroperiod for the proposed project and how the design has been modified to avoid, minimize or reduce impacts to the wetland hydroperiod. (4) A description of the proposed conceptual mitigation actions for wetland, watercourse and buffer areas. Provide specifications (including buffers) for all proposed mitigation for wetland/watercourse/buffer impacts. Include a map with all proposed mitigation areas and their required buffers. (5) An assessment of existing conditions in the zone of the proposed mitigation including vegetation community structure and composition, existing hydroperiod, existing soil conditions, and existing wetland functions. (6) Provide fField data that was collected to document the existing conditions of the proposed mitigation sites and on which the future hydrologic and soil conditions of the mitigation wetlands are based (e.g., hydrologic conditions: piezometer data, staff/crest gage data, hydrologic modeling, visual observations; soil conditions: data from hand-dug BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 70 December 20, 2017 UDC update 7-28-2017 draft or mechanical soil pits or boring results). Do The applicant may not rely on soil survey data for establishing existing conditions. (7) A planting schedule by proposed community type and hydrologic regime, size and type of plant material to be installed, spacing of plants, "typical" clustering patterns, total number of each species by community type, timing of installation, nutrient requirements, watering schedule, weed control, and where appropriate measures to protect plants from destruction. Native species must comprise 80 percent of the plants installed or seeded within the mitigation site. (8) The mitigation monitoring plan should must include a period of not less than three years, and establish the responsibility for long-term removal of invasive vegetation. (9) Wetland mitigation performance criteria (measurable standards reflective of expected development goals established for each year after the mitigation site is established, i.e., "At the end of three years there will be an 80 percent survival of the planted shrubs and trees.") for mitigation wetlands and buffers, a monitoring schedule, reporting requirements to the city, and maintenance schedule and actions for each year of monitoring. (10) Contingency plans which clearly define course of action or corrective measures needed if performance criteria are not met. b. The scaled plan sheets for the compensatory mitigation must contain, at a minimum: (1) Existing wetland and buffer surveyed edges; proposed areas of wetland and buffer impacts; and, location of proposed wetland and buffer compensation action. (2) Surveyed topography at one- to two-foot contour intervals in the zone of the proposed compensation actions if any grading activity is proposed in the compensation area. Provide existing and proposed mitigation design cross section for the wetland and/or buffer compensation areas. (3) Required wetland buffers for existing wetlands and proposed mitigation areas; c. A discussion of ongoing management practices that will protect and maintain the nonimpacted and mitigation wetland, watercourse and buffer areas in perpetuity. Sec. 38.220.140. - Submittal materials for appeals of administrative project decisions. (38.41.140) A. All appeals of administrative project decisions must include: 1. Name and address of the appellant; 2. The legal description ,and street address, and project number of the property involved in the appeal; 3. A description of the project that is the subject of the appeal; 4. Evidence that the appellant is an aggrieved person as defined in section 38.700.020; 5. Names and addresses of property owners and envelopes as required by 38.220.040.D;List of names and addresses of property owners’ within 150 200 feet of the site, using the last declared county real estate tax records; 6. Stamped, unsealed envelopes addressed with names of above property owners’; 6-7. Required appeal filing fee; and BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 71 December 20, 2017 UDC update 7-28-2017 draft 78. The specific grounds and allegations for the appeal, and evidence necessary to support and justify a decision other than as determined by the administrative review authority. Sec. 38.220.150. - Administrative interpretation appeals. (38.41.150) A. All appeals of administrative interpretations must include: 1. Name and address of the applicant; 2. The legal description and street address, and project number of the property, if any, involved in the appeal; 3. A description of the property, if any, that is the subject of the interpretation appeal including: a. A site plan drawn to scale showing the property dimensions, grading, landscaping and location of utilities, as applicable; b. Location of all existing and proposed buildings; and c. Drive accesses, drivewaysdrive aisles, access roads, parking spaces, off-street loading areas and sidewalks as applicable; 4. The names and addresses of the owners of the property and any other persons having a legal interest therein; 5. Names and addresses of property owners and envelopes as required by 38.220.040.D List of names and addresses of property owners’ within 150 200 feet of the site, using the last declared county real estate tax records; 6. Stamped, unsealed envelopes addressed with names of the above property owners’; 67. Required filing fee; and 78. Evidence to prove that the decision or action of the official for which an appeal is made was incorrect or in violation of the terms of this chapter. Sec. 38.220.160. - Submittal materials for variances. (38.41.160) A. An application for a variance must be accompanied by a development plan showing such information as the community development director may reasonably require for purposes of this chapter. The plans must contain sufficient information for the commission to make a proper decision on the matter. The request must state the exceptional physical conditions and the peculiar and practical difficulties claimed as a basis for a variance. In all cases, the application must include, and must will not be deemed filed until all of the following is submitted: 1. Name and address of the applicant; 2. The legal description of the property involved in the request for variance, including the street address, if any, of the property; 3. The names and addresses of the owners of the property and any other persons having a legal interest therein; 4. Names and addresses of property owners and envelopes as required by 38.220.040.DList of names and addresses of property owners’ within 150 200 feet of the site, using the last declared county real estate tax records; 5. Stamped, unsealed envelopes addressed with names of above property owners’; 56. A site plan drawn to scale showing the property dimensions, grading, landscaping and location of utilities, as applicable; 67. Location of all existing and proposed buildings; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 72 December 20, 2017 UDC update 7-28-2017 draft 78. Drive accesses, drivewaysdrive aisles, access roads, parking spaces, off-street loading areas and sidewalks as applicable; 89. A clear description of the variance requested and the reasons for the request; 910. JustificationWritten justification, supporting the in writing of section 38.250.0760.C.1, 2, 3 and, when applicable, 4; 1011. Evidence satisfactory to the review authority of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within six months after issuance of permit; and 1112. Required filing fee. Sec. 38.220.170. - Submittal materials for telecommunications. (38.41.170) A. The following information must be submitted for review of wireless facilities as applicable. Failure to provide required materials will result in a determination that the application is incomplete and the application will not be processed. 1. Submittal materials. Table 38.220.170 Telecommunication Submittal Materials Micro- scale Small- scale Large- scale A detailed written description of how the applicant has complied with, or will comply with, the applicable standards of this chapter, especially those of this article; X X X An accurate photo simulation of the site with the proposed facility in place. The simulation must be to scale, and depict all planned and expected antennae, including collocation of other carriers, on the facility. Landscaping which is not existing or proposed on the accompanying site plan must may not be included in the simulation unless it exists on adjoining properties; X X X A statement of whether the proposed facility is exempt or nonexempt from environmental review under the Rules of the FCC; X X X If the facility is claimed to be exempt, a detailed and specific citation to the Rules of the FCC indicating the section which details the relevant exemption provisions must be included. If the facility is not exempt from environmental review, a copy of the environmental review must be provided with the application, and the approval from the FCC for the site must be provided to the city prior to the final site plan approval; and If the facility is claimed to be exempt from environmental review, a statement must be provided, under oath and notarized, that the proposed or existing facility does or will comply with FCC radio frequency emission guidelines for both general population/ uncontrolled exposures and occupational/controlled exposures as defined in the FCC rules. The provision of false information must will result in the immediate revocation of permits or approvals granted upon the basis of the false information and the cessation of operation of the offending facilities; When the applicant is a wireless service provider, proof that the applicant is licensed by the FCC to provide the wireless communication services that the proposed facility is designed to support, or that licensing by the FCC is not required; X X X BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 73 December 20, 2017 UDC update 7-28-2017 draft Telecommunication Submittal Materials Micro- scale Small- scale Large- scale A report providing a description of the large scale wireless facility with technical reasons and justification for its design and placement; X A description of the maximum capacity of the large scale wireless facility as proposed and how the facility can be retrofitted or modified to accommodate changing user needs; X Documentation establishing the structural integrity for the large scale wireless facility's proposed use including documented loading calculations for wind, snow and seismic forces under circumstances of maximum capacity loading prepared by a professional structural engineer licensed to practice in the state. Loading criteria must will be those set forth in the edition of the International Building Code most recently adopted by the city; and X A statement of how the collocation requirements of section 38.370.040.B, must be are met. X 2. In addition to the materials required above, for all large scale wireless facilities 50 feet or greater in height, the applicant must submit: a. Propagation studies for the users of the proposed facility, including existing service coverage maps and whether the placement of the new site will require relocations of existing facilities, or a description of how and why the proposed site and facility size is required to provide service that is otherwise unavailable or substantially inadequate or is required for the introduction of a new service; b. A statement of intent of how collocation on the facility will be addressed; c. A statement of willingness to allow collocation at reasonable and customary rates by all technically feasible providers up to the structural capacity of the tower; d. An inventory of all surrounding buildings or other structures greater than 50 feet in height within a radius of one mile of the proposed location with a listing of height and suitability for hosting the proposed users of the large scale wireless facility; e. An applicant must demonstrate in writing that there are no available openings on existing facilities which are feasible and that a new structure is necessary. Such demonstration must address the criteria in section 38.370.040.B; f. A detailed explanation of how the large scale wireless facility will be maintained and how the maintenance and operations of the large scale wireless facility will be transferred to a third party should the applicant no longer retain ownership. Unless otherwise approved by the city, the responsibility of maintenance and operations must transfer to the owner of the underlying property; g. An explanation of how the applicant will provide a financial security for the removal of the large scale wireless facility in the event that it no longer serves telecommunications carriers. The financial guarantee must be 150 percent of the estimated cost of facility removal and must be acceptable to the city; and h. A large scale wireless facility may be reviewed as a multiple phase project and be constructed over time as provided for in section 38.370.040.B. An applicant intending to construct a new large scale wireless facility must provide letters of intent adequate to meet the requirements for leases set forth in section 38.370.040.B. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 74 December 20, 2017 UDC update 7-28-2017 draft Part 2: Supplementary Documents Sec.38.220.300. - General. (38.38.010) When required, the supplementary documents described in this division, must be submitted in draft form with the preliminary plat or plan, and signed and notarized with the final plat or plan. The proper notary block must be used. Sec.38.220.310. - Property owners' association. (38.38.020) A. General. If the review authority determines a common area, facility, or any other infrastructure is to be created or constructed as part of the development and such common area, facility, or infrastructure is required to be either owned by or maintained by the property owners’ association the developer must provide supplemental documents, as applicable, that (i) transfer ownership of common area, facility, or infrastructure to the property owners’ association; (ii) provide for the perpetual maintenance of common area, facility, or infrastructure by the property owners’ association; and (iii) identify if access to the common area or facility is available to the public or is restricted to the members of the property owners’ association. Property owners’ association bylaws or the declaration of covenants, conditions and restrictions must be prepared and recorded with the final plat or plan. B. Bylaws or covenants, conditions and restrictions contents. The items listed below are required to be included in the property owners' association bylaws or declaration of covenants, conditions and restrictions and must be clearly identified within the documents. The covenants must at a minimum, provide: 1. The property owners’ association will be formed before any properties are sold. 2. Membership is automatic and mandatory for each property or unit buyer and any subsequent buyer. 3. Means of enforcing the covenants, and of receiving and processing complaints. 4. Common area and facilities must be perpetually reserved. 5. The association is responsible for liability insurance, any applicable tax assessments and the maintenance of any common area or facilities. 6. Property or unit owners must pay a pro rata share of the cost of any common expenses, with any assessment charged by the association becoming a lien where necessary on individual parcels. 7. The association may adjust the assessment to meet changed needs. 8. The conditions and timing of the transfer of ownership and control of common areas and facilities from the declarant to the association. 9. The permission of the city commission is required before the association can be dissolved or the boundaries altered. 10. Regular maintenance program for items included in 38.270.090.A and any other common area and facilities and that the association is responsible for the maintenance program. C. If the property owners’ association fails to install or maintain improvements according to approved plans, the city may, at its option, complete construction of improvements and/or maintain improvements in compliance with section 38.220.200 and division 38.270 of this chapter. The city's representative, contractors and engineers must have the right to enter upon the property and perform such work, and the property owners’ association must permit and secure any additional BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 75 December 20, 2017 UDC update 7-28-2017 draft permission required to enable them to do so. The city must will bill the property owners’ association for any costs associated with the installation or maintenance of improvements. D. For a multiphase project, the property owners’ association must be created for the entire project with the first phase. E. To ensure continued maintenance of common areas and facilities, and on-going fulfillment of all obligations no property must may be removed from the property owners’ association without prior approval by the city commission. Sec.38.220.320. - Covenants. (38.38.030) A. The city may require covenants to be recorded with the final plat when it is determined they are necessary for the protection of the public health, safety and general welfare. Review of covenants must comply with Section 38.240.150.A.3. All covenants must be considered to run with the land. If the covenants are not marked or noted on the final subdivision plat or other final approval document, they must be contained in a separate instrument which must be recorded with the final plat or prior to final approval of other applications. The covenants may be required to include, but are not limited to, the following provisions: 1. That all county declared noxious weeds will be controlled. 2. A section addressing agricultural uses of neighboring properties in the following form: "Lot owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors and noise, smoke, flies, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the evening." 3. That all fences bordering agricultural lands must be maintained by the landowners in accordance with state law. 4. That any covenant which is required as a condition of the preliminary plat approval and required by the city commission may not be amended or revoked without the mutual consent of the owners in accordance with the amendment procedures in the covenants, and the city commission. 5. Common area and facility maintenance plan. The developer must submit a legal instrument setting forth a plan providing for the permanent care and maintenance of common areas and facilities. The same must be submitted to the city attorney and must not be accepted by the city until approved as to legal form and effect. Common areas and facilities must be deeded to a property owners’ association and, the applicant must record the proposed documents governing the association at the time of final plat filing. 6. Common area and facility maintenance guarantee. In the event the organization or any successor organization established to own and maintain common areas and facilities, must at any time fail to maintain the common areas or facilities in reasonable order and condition in accordance with the approved plan, the city may cause written notice to be served upon such organization or upon the owners of property in the development. The written notice must set forth the manner in which the common areas or facilities have failed to be maintained in reasonable condition. In addition, the notice must include the demand that the deficiencies noted be cured within 30 days thereafter and must state the date and place of a public meeting to be held within 14 days of the notice. At the time of public meeting, the city commission may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 76 December 20, 2017 UDC update 7-28-2017 draft not cured within the time set, the city may enter upon such common facilities and maintain the same for a period of one year, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance. Such entry and maintenance must not vest in the public any right to use the common facilities not dedicated to public use. Before the one year period expires, the commission must, upon its own initiative or upon written request of the organization theretofore responsible for maintenance, call a public meeting and give notice of such meeting to the organization responsible for maintenance or the property owners’ of the development. At the meeting, the organization responsible for maintenance and/or the residents of the development may show cause why maintenance by the city should not be continued for a succeeding year. If the city commission determines that it is not necessary for the city to continue such maintenance, the city must cease such maintenance at the time established by the city commission. Otherwise the city must continue maintenance for the next succeeding year subject to a similar meeting and determination at the end of each year thereafter. a. The cost of maintenance by the city must be a lien against the common facilities of the development and the private properties within the development. The city commission must have the right to make assessments against properties in the development on the same basis that the organization responsible for maintenance of the facilities could make such assessments. Any unpaid assessment must be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. The city may further foreclose its lien on the common facility by certifying the same to the county treasurer for collection as in the case of collection of general property taxes. b. Should the property owners’ association request that the city assume permanent responsibility for maintenance of facilities, all facilities must be brought to city standards prior to the city assuming responsibility. The assumption of responsibility must be by action of the city commission and all costs to bring facilities to city standards must be the responsibility of the property owners’ association. The city may create special financing mechanisms so that those properties within the area affected by the property owners’ association continue to bear the costs of maintenance. c. The city must assume permanent responsibility for maintenance of public areas and facilities when a dedicated funding mechanism is adopted. 7. Guarantee for open space preservation. Open space shown on the approved final plan or plat must not be used for the construction of any structures not shown on the final plan. 8. Covenants may not contain provisions which inhibit compliance with the requirements of division 38.380, for those developments subject to division 38. 380. Some examples are: privately required minimum home or lot sizes which can not be met. 9. Covenants and condominium declaration documents must require condominiums to be assigned street addresses in compliance with chapter 10, article 7 BMC. Addressing must not use X or other generic statements. Draft documents submitted for review prior to final approval must include correct addresses. 10. Stormwater facilities maintenance as required by chapter 40 article 4 BMC. Part 3: Noticing Sec.38.220.400. – Purpose. (38.40.010) It is the intent of sections 38.220.400 to through 38.220.430 to provide for adequate notice of governmental actions to those affected by such actions. Notice is required in order for citizens to BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 77 December 20, 2017 UDC update 7-28-2017 draft participate in decision making which affects their interests and provides opportunity to receive information 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. Sec. 38.220.410. - Contents of notice. (38.40.020) A. The following elements must be included in notices issued pursuant to this chapter: 1. Address of the property, or its location by approximate distances from 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; 4. The name and address of the owner of record; 35. The number, date, time and place of scheduled public hearings and public meetings at which final decisions will be made public hearings by the planning board or zoning commission, meetings of other review bodies established by this chapter at which final decisions shall be made, or the date of any final public comment deadline; 46. A description of how and where additional information regarding the action may be obtained including the address and phone number of the city; and 57. A brief description of the subject of the notice. B. Mailed and posted notices required for site plans, master site plans, certificates of appropriateness, special use permits, conditional use permits, planned unit developments, deviations, variances and subdivisions must also include a map of the area of the development so as to indicate its general location and proximity to surrounding properties. C. The following additional elements must be included in all notices required for text amendments to this chapter: 1. A summary explanation of the intent of the change, with reference to the exact text being available for public review. Sec. 38.220.420. - Notice requirements for application processing. (38.40.030) A. The following minimum standards for timing, location of noticing area and type of notice must be provided. Noticing provisions are cumulative with the maximum combination of noticing requirements being provided. When more than one newspaper notice is required, only one of the required publication dates must fall within the minimum and maximum days required. B. If for some reason a required property owner fails to receive mail notification of a scheduled public hearing, or if one or more of the required posted signs in the area or on the site for which the public hearing is being held is inadvertently moved through no fault of the city, this in no way must invalidates the legal notice requirements of the scheduled public hearing. C. Notice may also be provided to property owners’ in any additional area that may be substantially impacted by the proposed change or use as determined by the community development director. The community development director may use other means in addition to posting, mailing, or publication to provide notice. D. For site and subdivision developments, the applicant must provide for the purposes of noticing a list of names and addresses of property owners’ within 200 feet of the site, using the most current known property owners’ of record as shown in the records of the county clerk and recorder's office and stamped, unsealed envelopes (with no return address) addressed with names of above BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 78 December 20, 2017 UDC update 7-28-2017 draft property owners’, and/or labels with the names of the above property owners’, as specified on the appropriate application. Table 38.220.420 - Minimum standards for timing, location of noticing area and type of notice. Application Minimum Days12 Maximum Days12 Distance1 Notice Type Text amendment 15 45 NA Newspaper once ZMA2 15 45 200 Newspaper once, post on- site, mail 1st class ZMA2- Resulting from ordinance changes 15 45 None Newspaper once ZMA2- Annexation w/ initial zoning 15 45 None Newspaper once, post on- site, mail 1st class Variance - Floodplain, zoning, and subdivision 15 45 200 Newspaper once (zoning 2 times), post on-site, mail 1st class Noticing for 76-2-402, MCA claims 15 45 None Newspaper 2 times, post on-site Deviation 15 45 200 Newspaper 2 times, post on-site, mail 1st class Appeals3 15 45 2003 Newspaper 2 times, post on-site, mail 1st class Sketch plan/reuse/change in use/further development None None None None Sketch plan4 15 45 None Post on-site Informal/concept plan None None None None Preliminary site plan or masterplan, master site plan, or special use permit 15 45 200 Post on-site, mail 1st class Preliminary PUD5 15 45 200 Newspaper 2 times, post on-site, mail 1st class Preliminary CUP6/ SUP13 15 45 200 Newspaper 2 times, post on-site, mail 1st class Floodplain permit 15 45 200 Newspaper, mail 1st class COA7 None None None None Final site plan None None None None Final PUD plan None None None None Final CUP plan None None None None Subdivision exemption None None None None BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 79 December 20, 2017 UDC update 7-28-2017 draft Application Minimum Days12 Maximum Days12 Distance1 Notice Type 1st minor subdivision without variance - preliminary plat/ Extensions of subdivision approvals beyond two years 15 45 200 Mail 1st class 1st minor subdivision with variance/2nd minor/major subdivision - Preliminary plat 15 (Planning Board) 45(Commission) 200 Newspaper8, post on-site, mail 1st class9, certified mail10 Final plat None None None None Notice of violation11 15 45 None Post on-site, certified mail to landowner Notes: 1. The distance from the exterior property boundary of the site to all or part of another parcel of land whose owners must be notified of a governmental action. This distance includes the width of a right-of-way or other public ownership. 2. Zone map amendment, division 38.260 of this chapter. 3. Posting and mailing only applies to appeals taken from actions to approve, approve with conditions or deny a development proposal and not to appeals of administrative interpretations. 4. Sketch plans for adding dwellings in the neighborhood conservation overlay district, demolition of historic structures as defined in article 7 of this chapter, or modification of wetlands. 5. Planned unit development, division 38.430 of this chapter. 6. Conditional use permit, division 38.230 of this chapter. 7. Certificate of appropriateness, division 38.340 of this chapter. 8. When newspaper notice is required the notice must be published in a newspaper of general circulation. 9. Mail by first class to all landowners within 200 feet except those subject to certified mail. 10. Certified mail must be sent to recorded purchasers under contract for deed in addition to owners of physically contiguous property and the subdivider. 11. Notices of violation subject to section 38.200.160. 12. Days prior to the close of the public comment period or public hearing unless otherwise specified in this chapter. 13. Special use permit, section 38.230.120 of this chapter. Sec. 38.220.430. - Notice of city approval within neighborhood conservation and entryway overlay districts. (38.40.040) In order to inform adjacent property owners’ and residents that an application within an overlay district has been approved by the city, any site approved for construction or alterations within an overlay district must be posted with a notice supplied by the community development department. The notice must be posted in a conspicuous place on the site before any construction begins and may be removed when the project is substantially complete. The notice must specify the name of the owner of record, the address of the property, a description of the scope of work approved and the date of city approval. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 80 December 20, 2017 UDC update 7-28-2017 draft 38.230 Plan Review (current Article 19) State Law reference— Property development review, MCA 7-21-1001 et seq. Sec. 38.230.010. - Introduction. (38.19.010) A. All non-subdivision development proposals within the city will be subject to plan review and approval except repair, maintenance, grading below the minimum defined limits of this chapter, and interior remodeling, or other items specifically exempted in this chapter. Depending on the complexity of development and status of proposed use in the applicable zoning district, either sketch plans, site plans, master site plans, special use permits, or conditional use permits (referred to herein as a "plan") will be required as specified in this division 38.230. Although work may be exempt from zoning review it may require review for other permits before construction may begin. B. Special development proposals (e.g., PUDs, CUPs, variances, etc.) require other information to be submitted in conjunction with plans and are subject to requirements specific to the type of proposal. These additional submittal requirements and review procedures are outlined in section 38.230.030. C. When a development is proposed within a neighborhood conservation or entryway corridor overlay district or historic district, or proposes signs which do not specifically conform to the requirements of this chapter, design review is required in conjunction with plan review per the authority in section 38.210.010. In such cases, additional submittal requirements and review procedures apply as outlined in section 38.220.090. D. Conditional uses. Certain uses, while generally not suitable in a particular zoning district, may, under certain circumstances, be acceptable. When such circumstances can be demonstrated by the applicant to exist, a conditional use permit may be granted by the review authority. Conditions may be applied to the issuance of the permit and periodic review may be required. No conditional use permit must be granted for a use which is not specifically designated as a conditional use in this chapter. E. Approval must will be granted for a particular use and not for a particular person or firm. F. This division 38.230 is provided to meet the purposes of section 38.100.040 and all other relevant portions of this chapter. G. Applications subject to this division 38.230 must beare reviewed under the authority established by division 38.200 of this chapter. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 81 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.230.020. - Classification of plans. (38.19.020) A. All developments, as defined in section 38.700.050 of this chapter, within the city must beare subject to the plan review procedures and criteria of this chapter and the applicable submittal requirements of division 38.220 of this chapter. For the purposes of this chapter, plans will be classified as either a site plan or a master site plan. 1. Exception. Those developments specified in section 38.230.070 and other development proposals when so specifically identified by the director of community development require only sketch plan review. B. A master site plan is a generalized development 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 not required unless necessary to address phasing of a proposed development (see section 38.230.090.B.3) or if required as part of the residential emphasis mixed- use district or North 19th Avenue/West Oak Street entryway corridors. A master site plan involves one or more of the following: 1. One hundred or more dwelling units in a multiple household structure or structures; 2. Fifty thousand or more square feet of office space, retail commercial space, service commercial space or industrial space; 3. Multiple buildings located on multiple contiguous lots and/or contiguous city blocks; 4. Multiple owners; 5. Development phasing projected to extend beyond two years; or 6. Parking for more than 200 vehicles. C. Any planned unit development must be reviewed according to the regulations in division 38.430, in addition to this division 38.230. D. Telecommunication facilities must be reviewed according to the regulations in division 38.370, in addition to this division 38.230. E. Uses identified in division 38.360 of this chapter must be reviewed according to the standards and regulations contained in division 38.360 of this chapter, in addition to this division 38.230. Sec. 38.230.030. - Special development proposals—Additional application requirements, review procedures and review criteria. (38.19.030) A. Application requirements. Applications for special development proposals (e.g. PUD, CUP, flood plain development permits, variances, etc.) must include: 1. The required information for plans described in section 38.220.080; 2. Any additional application information required for specific reviews as listed in the following divisions of this chapter: a. Division 38.430, Planned Unit Development; b. Division 38.360, Standards for Specific Uses; c. Division 38.370, Telecommunications; d. Division 38.620, Bozeman Floodplain Regulations; and e. Division 38.250, Appeals, Deviations and Variance Procedures. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 82 December 20, 2017 UDC update 7-28-2017 draft B. Review procedures and review criteria. Additional review procedures and review criteria for specific development proposals are defined in the following sections and divisions of this chapter: 1. Section 38.230.080, Certificate of appropriateness; 2. Section 38.230.110, Conditional use; 3. Section 38.230.120, Special use permit; 43. Division 38.430, Planned Unit Development; 54. Division 38.360, Standards for Specific Uses; 65. Division 38.370, Telecommunications; 76. Division 38.610, Floodplain Regulations; and 87. Division 38.250, Appeals, Deviations and Variance Procedures. Sec. 38.230.040. - Review authority. (38.19.040) A. The review authorities are established in 38.200.010 and as may be specified elsewhere in this chapter. B. The development review committee, design review board, administrative design review staff, and wetlands review board have the advisory authority established in division 38.200 of this chapter. C. Plan design review thresholds. When a development is subject to design review and meets one or more of the following thresholds the design review board must have responsibility for conducting the design review: 1. Twenty Forty five or more dwelling units in a multiple household structure or structures; 2. Thirty thousand or more square feet of office space, retail commercial space, service commercial space or industrial space; 3. Four (4) stories or more; 43. Twenty thousand or more square feet of exterior storage of materials or goods; 54. Parking for more than 90 vehicles; or. 65. Large scale retail per section 38.360.1790. Sec. 38.230.050. - Application of plan review procedures. (38.19.050) A. These procedures must apply to all developments within the city unless explicitly exempted in this chapter. B. A plan must may be approved by the review authority prior to the issuance of any building permit. C. No occupancy permits must be issued for any development for which plan review is required until certification has been provided under section 38.270.030 demonstrating that all terms and conditions of plan approval have been complied with. D. Unless a deviation or variance is explicitly sought and granted in association with a plan, all standards of this chapter apply whether explicitly mentioned in the record of the review or not. An omission or oversight of a nonconformity with the standards of this chapter in the site plan must does 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 them simultaneously, preference in order of scheduling will be given to BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 83 December 20, 2017 UDC update 7-28-2017 draft those projects which provide the most affordable housing in excess of minimum requirements, as measured by the total number of affordable units. F. When a development subject to this article is located within an overlay district established by division 38.340 of this chapter a certificate of appropriateness is required in addition to other required review procedures. G. Public notice of development proposals and approvals subject to this article must be provided as required by division 38.220 of this chapter. H. Improvements depicted on an approved plan must be installed subject to the requirements of division 38.270 of this chapter. Sec. 38.230.060. - Special temporary use permit. (38.19.060) A. Generally. Uses permitted subject to a special temporary use permit are those temporary uses which are required for the proper function of the community or are temporarily required in the process of establishing a permitted use, constructing a public facility or providing for response to an emergency. Such uses must 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 over 72 consecutive hours; 2. Tent revival meetings; 3. Swap meets; or 4. Such other uses as may be deemed to be within the intent and purpose of this section. B. Exception: Functions held within a park and which are subject to a park user agreement are not required to obtain a special temporary use permit. C. Application and filing fee. Application for a special temporary use permit may be made by a property owner or his authorized agent. A copy of the fees are available at the community development department. Such application must be filed with the community development director who must will charge and collect a filing fee for each such application, as provided in division 38.200 of this chapter. The community development director may also require any information deemed necessary to support the approval of a special temporary use permit, including site plans per this division 38.230. D. Decision. Approval or conditional approval must will be given only when in the judgment of the review authority such approval is within the intent and purposes of this division 38.230. E. Conditions. In approving such a permit, the approval must be made subject to a time limit, not to exceed one year per approval, 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 parking; 2. Regulation of hours; 3. Regulation of noise; 4. Regulation of lights; 5. Requirement of financial security 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 84 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.230.070. - Sketch plan review. (38.19.070) A. Sketch plan submittal requirements. 1. Certain independent development proposals (i.e., not in conjunction with other development) are required to submit only sketch plans which include the information specified in section 38.220.110. 2. Separate construction plans are necessary for building permits when the proposal requires such permits. Additional information is also necessary when the proposal requires the issuance of a certificate of appropriateness (see sections 38.230.080 and 38.220.090). 3. Examples of independent projects which qualify for sketch plan review are: a. individual single-household including manufactured homes on individual lots. b. Adding one dwelling on an infill site. c. Two-household, three-household, and four-household residential units, each on individual lots and independent of other site development. d. Accessory dwelling units in the R-2, R-3 and R-4 districts. e. Fences; signs in compliance with the requirements of this chapter. f. Regulated activities in areas with regulated wetlands not in conjunction with a land development proposal. g. Grading of sites disturbing more than one-eighth but less than one-half acre, or movement of more than 30 but less than 100 cubic yards of material, or cut or fill of less than one cumulative foot, whichever is less; special temporary uses. h. Reuse, change in use, or further development of sites per section 38.230.150, essential services Type II primarily underground with no above ground structures larger than 125 square feet; and accessory structures associated with these uses. Other similar projects may be determined by the community development director to require only sketch plan review. The community development director may determine submittal requirements in addition to those in section 38.220.110. Projects which do not require sketch plan review may still require review and permitting for non-zoning issues. B. Sketch plan review procedures. 1. No certificate of appropriateness required. Sketch plans for projects which do not require a certificate of appropriateness must be submitted to the community development department for a determination of compliance with the requirements of this chapter. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. In determining whether compliance is achieved the community development department must consider the individual circumstances of the site when the development is subject to section 38.230.150. 2. Certificate of appropriateness required. Sketch plans, including the material required by section 38.220.090, and such additional information as may be required for projects which require a certificate of appropriateness as per section 38.230.080 must be submitted to the community development department, who must review the proposal for compliance with this chapter, 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 85 December 20, 2017 UDC update 7-28-2017 draft C. Sketch plan review criteria. Sketch plans must be reviewed for compliance with all applicable requirements of this chapter including overlay district requirements and the cessation of any current violations of this chapter, exclusive of any legal nonconforming conditions. Plan changes may be required. Where appropriate, the city may approve a sketch plan with restrictions which limit the duration of the use. Sec. 38.230.080. - Certificates of appropriateness—Additional review procedures and review criteria. (38.19.080) A. Sign proposals which do not specifically conform to the requirements of this chapter. Independent sign proposals (i.e., not in conjunction with other development) which do not specifically conform to the requirements of this chapter, are required to submit full site plans. Additional site design information, in sufficient detail to demonstrate compliance with the design objective plan, encompassing the property's location must be provided. B. Review procedures and criteria for certificates of appropriateness. 1. Certificates of appropriateness must be issued according to procedures and criteria specified in divisions 38.210, 38.340 and 38.430, in addition to this chapter. 2. Sign proposals which specifically conform to the requirements of this chapter must be reviewed according to procedures and criteria outlined in division 38.560 of this chapter. C. Demolition or movement of historic structures or sites located outside of the neighborhood conservation overlay district. 1. Demolition or movement of historic structures or sites located outside of the neighborhood conservation overlay district must be reviewed according to procedures and criteria outlined in 38.340.080. 2. Certificates of appropriateness must be issued according to procedures and criteria specified in divisions 38.200, 38.340, and 38.430 as applicable, in addition to this article. Sec. 38.230.090. - Plan review procedures. (38.19.090) A. Step 1: Conceptual Review/Informal Review.. 1. Conceptual Review (Required): a. Purpose. Conceptual review is an opportunity for an applicant to discuss requirements, standards and procedures that apply to his or her development proposal. Major problems can be identified and solved during conceptual review before a formal application is made. Conceptual review applications are reviewed by the Development Review Committee and comments are provided in writing to the applicant following the review. The primary focus of conceptual review is to identify site specific challenges and/or constraints critical path elements which will affect review process or submittal requirements. b. Applicability. Conceptual review is required for development subject to 38.19.050230.050 and not subject to 38.210.070. Conceptual review may be waived by the director of community development for development proposals that would not derive substantial benefit from such review. c. Concept Plan Submittal. An applicant must submit the application materials required by the director of community development as provided in the conceptual review checklist. d. Staff Review and Recommendation. Upon receipt of a concept plan, and after review of such plan by the DRC and a subsequent meeting with the applicant, the director of community development must furnish the applicant with written comments regarding such plan, including BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 86 December 20, 2017 UDC update 7-28-2017 draft appropriate recommendations to inform and assist the applicant prior to preparing the components of the formal development application. e. Formal application must address the comments provided with the conceptual review. B. Informal Review (Optional): 1. Purpose. Informal review is an opportunity for an applicant to discuss the requirements, standards, procedures, and potential modifications of standards or variances that may be necessary for a development project. While the conceptual review process is a general consideration of the development proposal, informal review provides an opportunity for the applicant to have the city consider the development proposal in greater detail prior to formal submittal of an application. Problems of both a major and minor nature can be identified during the informal review before a formal application is made. Informal review applications are reviewed by the DRC and may be reviewed by the, DRB, recreation and parks advisory board, or other applicable advisory boards. The city may invite other public or quasi-public agencies which may be impacted by the development to comment and/or attend the informal review meeting. These agencies may include the gas and electric utilities, state agencies, ditch companies, railroads, cable television service providers and other similar agencies. 2. Applicability. Although an informal review is not required, an applicant may request informal review for any development proposal. A request for informal review is made by filing an application with accompanying fee. 3. Informal Review Submittal. In conjunction with an informal review, the applicant must submit all documents required in the informal review checklist. 4. Staff Review and Recommendation. Upon receipt of a complete informal review proposal, and after review of such proposal by the DRC or other applicable advisory board, the director of community development must furnish the applicant with written comments and recommendations regarding such proposal. In conjunction with the foregoing, the director of community development must will provide the applicant with a list of critical issues, if any, which have been identified in the informal review and which must be resolved prior to or during the review process of the formal development application. The list of critical issues will provide applicants the opinion of the director of community development regarding the development proposal, as that opinion is established based upon the facts presented during informal review. Formal application must address the comments provided with the informal review. C. Step 2: Development Application Submittal 1. Development Application Forms. All development applications must be in a form established by the director of community development. 2. Fees. All fees established in the adopted fee schedule must be paid prior to the review authority commencing review of the application. D. Step 3: Review of Applications. Acceptability and adequacy of application. 1. The community development department must review the application for acceptability within five working days to determine if the application is does not omitomits any of the submittal elements required by this chapter. If the application does not contain all of the required elements, the application, review fee and a written explanation of what the application is missing must 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 outgoing mail BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 87 December 20, 2017 UDC update 7-28-2017 draft written explanation is provided as a signed and dated letter placed in the outgoing mail or as electronic communication (such as an email) within the five-day review period. 2. After the application is deemed to contain the required elements and to be acceptable, it must be reviewed for adequacy. A determination of adequacy means the application contains all of the required elements in sufficient detail and accuracy to enable the review authority to make a determination that the application either does or does not conform to the requirements of this chapter and any other applicable regulations under the jurisdiction of the city. The adequacy review period must begins on the next working day after the date that the community development department determines the application to contain all the required elements and must be completed within not more than 15 working days. The 15 working day review period will be considered met if the letter is dated, signed and placed in the outgoing mail within the 15 working day review period. If the application is inadequate, a written explanation of why the application is inadequate will be returned provided to the property owner. a. In the event the missing information is not received by the city within 15 working days of notification to the property owner and applicant of inadequacy, all application materials except file records and one-half of the review fee must will be returned to the property owner or their representative, unless a longer period is agreed between city and applicant. Subsequent resubmittal must requires payment of a review fee as if it were a new application. b. A determination that an application is adequate does not restrict the city from requesting additional information during the site plan review process. 3. Should the property owner choose not to provide the required information after an application has been found unacceptable, 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 unacceptability is an adequate basis for denial of the application regardless of other merit of the application. 4. The DRC may grant reasonable waivers from submittal of application materials required by these regulations where it is found that these regulations allow a waiver to be requested and granted. In order to be granted a waiver the applicant must include with the submission of the preliminary plan a written statement describing the requested waiver and the reasons upon which the request is based. The final approval body must then consider each waiver at the time the preliminary site plan is reviewed. All waivers must be identified not later than initial submittal of the preliminary site plan stage of review. If in the opinion of the final approvalreview authority the waived materials are necessary for proper review of the development, the materials must be provided before review is completed. E. Plans must be reviewed by the review bodies established by division 38.210 of this chapter and according to the procedures established by this chapter. Prior to a recommendation of approval by the DRC, the DRC must make a determination that the application does conform to the requirements of this chapter. After review of the applicable submittal materials required by division 38.220 of this chapter, and upon recommendation by the appropriate advisory bodies, the review authority must act to approve, approve with conditions or deny the application, subject to the appeal provisions of division 38.250 of this chapter. The basis for the review authority's action must be whether the application, including any required conditions, complies with all the applicable standards and requirements of this chapter, including section 38.100.050. 1. Plan. The review authority must provide an opportunity for the public to comment upon development proposals. The duration of the initial comment period must be as required by division 38.220 of this chapter and included in any notice. required by division 38.270 of this chapter. The comment period must be from the date of the first consideration of the complete BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 88 December 20, 2017 UDC update 7-28-2017 draft preliminary plan and supplementary materials by the DRC until 5:00 pm on the third working day after DRC and other review bodies as may be appropriate have taken action regarding the proposal. a. The review authority after receiving the recommendations of the advisory bodies and considering any public comment must act to approve, approve with conditions or deny an application within ten working days of the close of the public comment period. The decision must be in writing and must include any special conditions which are to be applied to the development. (1) After formal notice of a project review has been given, interested parties may request in writing to receive a copy of the decision regarding an application. Persons making such a request must provide an addressed envelope. 2. Plan with deviations or variances or conditional use permits. The review authority must provide an opportunity for the public to comment upon a proposed plan. The notice must be as required bycomply with the requirements of division 38.220 of this chapter. a. The review authority, after receiving the recommendations of the advisory bodies and considering any public comment must act to approve, approve with conditions or deny an application. The decision must be in writing and must include any special conditions which are to be applied to the development. 3. Phasing. The entitlement period for which a final plan is valid is specified in section 38.230.140. Preliminary single phase plan applications will only be accepted for development that can occur under building permits issued within this final plan approval period. a. Any development that includes phases or where construction of a building would extend past the final plan approval period must proceed under the master site plan application process with a first phase plan for those portions that can be constructed under the single phase final plan approval. The master site plan and first phase site plan may be reviewed concurrently as a single application. Each future project phase must submit a stand-alone site plan application following initial master site plan approval. b. Each phase of a plan must not include more buildings than will be constructed within a one- year timeframe. These subsequent site plan applications may be expedited through the review process if they are consistent with the master site plan. Independent fees will be assessed for each required application. c. A preliminary site plan application may be received where it is unclear whether the buildings or units can be constructed under building permits issued within one year of final site plan approval. In this case, the director of community development may request proof of a construction financing commitment prior to accepting the application. Applications, where it is clear that the buildings or units cannot be constructed under building permits issued within one year of final site plan approval will be deemed unacceptable for review. Such applications must proceed pursuant to a master site plan with first phase site plan process. Sec. 38.230.100. - Plan review criteria. (38.19.100) A. In considering applications for plan approval under this chapter, the review authority and advisory bodies must consider the following criteria. When considering the criteria for future phases of a master site plan, other than those for criteria 1—3, the evaluation must may be of a more generalized demonstration of compliance, recognizing that a subsequent site plan must will be submitted in the future which must will provide evidence of specific compliance. The level of detail BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 89 December 20, 2017 UDC update 7-28-2017 draft submitted and review conducted mustwill be equal with the level of entitlement being sought with the application. See division 38.220 of this chapter for required submittal materials. 1. Conformance to and consistency with the city's adopted growth policy.; 2. Conformance to this chapter, including the cessation of any current violations; 3. Conformance with all other applicable laws, ordinances and regulations; 4. Conformance with special review criteria for applicable permit type as specified in article 2.; 5. Conformance with the zoning provisions of article 3, including: a. Permitted uses (division 38.310); b. Form and intensity standards (division 38.320); c. Applicable zone specific or overlay standards (divisions 38.330-340); d. General land use standards and requirements (division 38.350); e. Applicable supplemental use criteria (division 38.360); f. Wireless facilities and/or affordable housing provisions (divisions 38.370-380) if applicable.; 6. Conformance with the community design provisions of article 4, including: a. Transportation facilities and access (division 38.400), notably: (1) The impact of the proposal on the existing and anticipated traffic and parking conditions; (2) Pedestrian 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 limited 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 transportation facilities; (3) Loading and unloading areas; b. Community design and element provisions (division 38.410), notably: (1) Lot and block standards; (2) Provisions for utilities, including efficient public services and facilities; (3) Site surface drainage and stormwater control; (4) Grading; c. Park and recreational requirements (division 38.420).; 7. Conformance with the project design provisions of article 5, including: 4. Relationship of plan elements to conditions both on and off the property, including: a. Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development relative to architectural design, building BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 90 December 20, 2017 UDC update 7-28-2017 draft mass and height, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration; b. Design and arrangement of the elements of the 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 plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site configuration; and d. If the proposed project is located within a locally designated historical district, or includes a locally designated landmark structure, the project is in conformance with the provisions of division 38.340 of this chapter; d. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space and pedestrian areas, and the preservation or replacement of natural vegetation; e. Open space, including: e. Open space shall be provided in accordance with division 38.420 of this chapter; f. Parkland shall be provided in accordance with division 38.420 of this chapter; f. Lighting; g. Signage; 8. Conformance with environmental and open space objectives set forth in articles 4-6, including: a. The enhancement of the natural environment (e.g., through low impact development stormwater features or removal of inappropriate fill material); b. Watercourse and wetland protections and associated Precautions being taken to preserve existing wildlife habitats or natural wildlife feeding areas; and c. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the 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 for neighboring residential uses; 9. Conformance with the natural resource protection provisions of article 4 and article 6, including:. 17. Screening; 10. Other related matters, including relevant comment from affected parties. 11. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirements of this chapter, whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; or BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 91 December 20, 2017 UDC update 7-28-2017 draft b. The subject of reciprocal and perpetual easements or other agreements to which the city is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. ; and 12. Phasing of development.Phasing of items listed in 38.230.020.B, including but limited to buildings and infrastructure. B. If the review authority, after recommendation from the applicable advisory bodies, determines the proposed plan will not be detrimental to the health, safety or welfare of the community, is in compliance with the requirements of this chapter, and is in harmony with the purposes and intent of this chapter and the Bozeman growth policy, the review authority must approve the proposed plan and may require conditions and safeguards that must be met prior to final approval as deemed necessary. Notice of action must be given in writing. C. Plan approval may be denied upon a determination the application does not meet the criteria of this section. Persons objecting to the recommendations of review bodies carry the burden of proof. A denial of approval must be in writing. D. Following approval of a master site plan, the applicant must submit to the community development department, sequential individual site plans for specific areas within the master site plan. Each subsequent application for a site plan must be consistent with the approved master site plan and subject to the review criteria set forth in subsection A above. Evidence that the review criteria have been met through the master site plan review process may be incorporated by reference in order to eliminate duplication of review. Sec. 38.230.110. - Conditional use permit. (38.19.110) A. The person applying for a conditional use permit must fill out and submit to the community development department the appropriate form with the required fee. The request for a conditional use permit must follow the procedures and application requirements of this division 38.230. B. In consideration of all conditional use permit applications, a public hearing must be conducted by the review authority. Notice of the public hearing must be provided in accordance with article 2 of this chapter. 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 must is not be effective until the rezoning has been implemented by ordinance. D. The review authority, in approving a conditional use permit, must review the application against the review requirements of section 38.230.100. E. In addition to the review criteria of section 38.230.100, the review authority must, in approving a conditional use permit, determine favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all setbacks, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity; 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: a. Regulation of use; b. Special setbacks, spaces and buffers; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 92 December 20, 2017 UDC update 7-28-2017 draft c. Special fences, solid fences and walls; d. Surfacing of parking areas; e. Requiring street, service road or alley dedications and improvements or appropriate bonds; f. Regulation of points of vehicular ingress and egress; g. Regulation of signs; h. Requiring maintenance of the grounds; i. Regulation of noise, vibrations and odors; j. Regulation of hours for certain activities; k. Time period within which the proposed use must be developed; l. Duration of use; m. Requiring the dedication of access rights; and n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. F. In addition to all other conditions, the following general requirements apply to every conditional use permit granted: 1. That the right to a use and occupancy permit must beis contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and 2. That aAll of the conditions must constitute restrictions running with the land use, must apply and must be adhered to by the owner of the land, successors or assigns, must beare binding upon the owner of the land, his successors or assigns, must be consented to in writing, and must be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. G. Applications for conditional use permits may be approved, conditionally approved or denied by the review authority. If an application is denied, the denial must constitutes a determination that the applicant has not shown that the conditions required for approval do exist. H. The applicant must be notified in writing of the final action taken within seven working days of the action. If the conditional use permit has been granted the notification must include any conditions, automatic termination date, period of review or other requirements. If the conditional use permit has been granted, the permit must will be issued upon the signature of the community development director after completion of all conditions and final plan. I. Termination/revocation of conditional use permit approval. 1. Conditional use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if: a. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; b. Final zoning approval to reuse the property for another principal or conditional use is granted; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 93 December 20, 2017 UDC update 7-28-2017 draft c. The use or development of the site is not begun within the time limits of the final site plan approval in section 38.230.140. 2. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the community development director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the community development director may not be appealed. If the community development director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. 3. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the city may revoke the approval through the procedures outlined in section 38.200.160. Sec. 38.230.120. - Special use permit. (new) A. The person applying for a special use permit must fill out and submit to the community development department the appropriate form with the required fee. The request for a special use permit must follow the procedures and application requirements of this division 38.230. B. The review authority, in approving a special use permit, must review the application against the review requirements of section 38.230.100. C. In addition to the review criteria of section 38.230.100, the review authority must, in approving a special use permit, determine favorably that applications meet the review criteria set forth for conditional use permits as set forth in subsections 38.230.110.E through I. Sec. 38.230.130. – Community design framework master plans. (new) A. The person applying for a community design framework master plan must fill out and submit to the community development department the appropriate form with the required fee. The request for a community design framework master plan must follow the procedures and application requirements of this division 38.230. B. The review authority, in approving a community design framework master plan, must review the application against the review requirements of sections 38.230.100 and 38.510.030.L. C. Applications for community design framework master plans may be approved or denied by the review authority. Sec. 38.230.140. - Final plan. (38.19.120) A. If the review authority is the city commission, no later than six months after the date of the commission’s approval of the plan, the applicant must submit to the community development department a final plan. The number of copies of the final plan to be submitted must beis established by the director of community development. The final plan must contain the materials required in sections 38.220.080 and 38.220.090 and whatever revisions to the preliminary site plan or master site plan are required to comply with any conditions of approval. Prior to the passage of six months, the applicant may seek an extension of not more than an additional six months from the director of community development. B. In addition to the materials required in subsection A of this section, the applicant must submit a certification of completion and compliance stating that they understand any conditions of approval BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 94 December 20, 2017 UDC update 7-28-2017 draft and the submitted final plans have complied with any conditions of approval or corrections to comply with code provisions. C. If a plan is fully compliant with all applicable standards the review authority may approve the final plan after the close of the public comment period. In addition to the materials required in subsections A and B of this section, the owner must submit a statement of intent to construct according to the final plan. Such statement must acknowledge that construction not in compliance with the approved final plan may result in delays of occupancy or costs to correct noncompliance. D. Following approval of a final plan, the approval of the final plan must beis effective for one year. Prior to the passage of one year, the applicant may seek an extension of not more than one additional year. In such instances, the director of community development must determine whether the relevant terms of this chapter and circumstances have significantly changed since the initial approval. If relevant terms of this chapter or circumstances have significantly changed, the extension of the approval may not be granted. E. Following approval of a final master site plan, approval of the final master site plan is effective for not less than three but not more than five years with the initial duration to be specified during the final action of the review authority. Owners of property subject to the master site plan may seek extensions to not exceed five years. Approval of an extension must be granted if the director of community development determines the criteria of subsection F of this section are met. F. Any request for an extension must be in writing and be dated and signed by the owner of the undeveloped area or incomplete development for which the extension is sought. More than one extension may be requested for a particular development. Each request must be considered on its individual merits. An extension of the development approval under this division 38.230 does not extend other city or non-city agency approvals, e.g. for design of infrastructure extensions, necessary to complete the project. When evaluating an extension request, the city must consider: 1. Changes to the development regulations since the original approval and whether the development as originally approved substantially complies with the new regulations; 2. Progress to date in completing the development as a whole and any phases; 3. Phasing of the development and the ability for existing development to operate without the delayed development; 4. Dependence by other development on any public infrastructure or private improvements to be installed by the development; 5. For extensions of approval greater than one year, the demonstrated ability of the developer to complete the development; 6. Overall maintenance of the site; and 7. Whether mitigation for impacts of the development identified during the preliminary plan review remain relevant, adequate, and applicable to the present circumstances of the development and community. G. Upon approval of the final plan by the community development director the applicant may obtain a building permit as provided for by division 38.220 of this chapter. 1. Subsequent site plan approvals are required to implement a master site plan, and approval of a master site plan only does not entitle an applicant to obtain any building permits. Sec. 38.230.150. - Amendments to plans. (38.19.130) A. It is the intent of this section to assure that issues of community concern are addressed during the redevelopment, reuse or change in use of existing facilities in the community. Specific areas of BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 95 December 20, 2017 UDC update 7-28-2017 draft community concern include public safety, mitigation of off-site environmental impacts and site character in relation to surroundings. The following procedures for amendments to approved plans, reuse of existing facilities and further development of sites assure that these concerns are adequately and expeditiously addressed. B. Any amendment to or modification of a plan approved under the ordinance codified in this division 38.230 (September 3, 1991 — Ordinance 1332) must be submitted to the community development director for review and possible approval. Proposals for further development, reuse or change in use of sites developed pursuant to this chapter must be reviewed as an amendment to an approved plan. All amendments must be shown on a revised plan drawing. Amendments to approved plans must be reviewed and may be approved by the community development director upon determining that the amended plan is in substantial compliance with the originally approved plan. If it is determined that the amended plan is not in substantial compliance with the originally approved plan, the application must be resubmitted as a new application and must will be subject to all standards and plan review and approval provisions of this chapter. Substantial compliance may be shown by demonstrating that the amendments do not exceed the thresholds established in section 38.230.140.C. C. Modifications or amendments to a master site plan at the time an extension of approval is sought may be proposed by either the applicant or the review authority, and must 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 market analyses, economic conditions, changes in surrounding land uses, changes in ownership, etc. D. For building additions and/or remodels to all existing development, except single to four-, two, and three-household dwellings in any configuration, see section 38.500.020.B to determine how the design standards within article 5 are applied. Sec. 38.230.160. - Reuse, change in use or further development of sites developed prior to the adoption date of the ordinance from which this chapter is derived. (38.19.140) A. It is the policy of the city to work with owners of property during the reuse, change in use, or further development process to correct existing violations of the city's and other agency's regulations, to encourage reinvestment and renewal of existing developed sites, and to move existing sites toward compliance with current standards while recognizing the limitations that may exist in relation to an existing site. B. Sites legally developed prior to the adoption of the ordinance codified in this chapter (September 3, 1991 — Ordinance 1332) must beare considered to have developed under an approved plan. Proposals for reuse, change in use or the further development of sites legally developed prior to the adoption of the ordinance codified in this chapter may be approved by the review authority upon determining that no significant alteration of the previous use and site are proposed, and upon a determination that adequate access and site surface drainage are provided. All such proposals must be shown on a plan drawing as required by section 38.220.110. C. The criteria for determining 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 must include but not be limited to the following: 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 division 38.270 of this chapter; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 96 December 20, 2017 UDC update 7-28-2017 draft 2. Changes proposed for the site, singly or cumulatively, do not increase lot coverage by buildings, storage areas, parking areas or impervious surfaces and/or do not result in an increase in intensity of use as measured by parking requirements, traffic generation or other measurable off-site impacts; a. By more than 20 percent for developments not meeting one or more of the criteria of section 38.230.040.C; or b. By more than ten percent for developments meeting or exceeding one or more of the criteria of section 38.230.040.C; 3. The proposed use does not continue any unsafe or hazardous conditions previously existing on the site or associated with the proposed use of the property. D. If it is determined that the proposed reuse, change in use or further development of a site contains significant alterations to the previous use and/or site, the application must be resubmitted as a new application and must will be subject to all plan review and approval provisions of this division 38.230. E. 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 may be required to determine whether resubmittal as a new application is necessary. F. For building additions and/or remodels to all existing development, except single to four-, two, and three-household dwellings in any configuration, see section 38.500.020.B to determine how the design standards within article 5 are applied. Sec. 38.230.170. - Improvements to existing developed sites independent of site plan review. (38.19.150) The continued improvement of existing developed sites is desired to increase the level of compliance with the provisions of this chapter and to encourage maintenance and viability of the site. An applicant may propose improvements, not in association with a plan review, to increase conformity with the standards of this chapter for landscaping, lighting, parking or similar components of a site to occur over a defined period of time, not to exceed three years. Such improvements must be depicted on a site plan drawn to scale and which must be sufficiently detailed to clearly depict the current conditions, the intended end result of the proposed improvements and any phasing of work. Such improvements must be reviewed by and approved at the discretion of the review authority which may require surety in accordance with the terms of division 38.270 of this chapter for work performed. A certificate of appropriateness may be required if the site is located within the entryway overlay district or the neighborhood conservation overlay district. Sec. 38.230.180. - Building permits based upon approved sketch or site plans. (38.19.160) Based upon the approved sketch or final plan and after any appeals have been resolved, a building permit for the site may be requested and may be granted pursuant to division 38.220 of this chapter. No building permit may be granted on the basis of an approved sketch or other plan whose approval has expired. Sec. 38.230.190. - Appeals. (38.19.170) Appeals of decisions rendered in conjunction with this division 38.230 may be taken as set forth in division 38.250 of this chapter. 38.240 Subdivision Procedures (Articles 2-6) FOOTNOTE(S): BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 97 December 20, 2017 UDC update 7-28-2017 draft --- (2) --- State Law reference— Montana Subdivision and Platting Act, MCA 76-3-101 et seq. Part 1: Subdivision and Platting Administrative Procedures Sec. 38.240.010. - Transfers of title. (38.02.010) A. Unless the plat is located in an area where the state or the city does not have jurisdiction, every final subdivision plat must be filed for record with the county clerk and recorder before title to the subdivided land can be sold or transferred in any manner. After a preliminary subdivision plat has been approved or conditionally approved, the developer may enter into contracts to sell lots in the proposed subdivision if all of the following conditions are met: 1. Under the terms of the contracts, the purchasers of lots in the proposed subdivision must make any payments to an escrow agent which must be a bank or savings and loan association chartered to do business in the state; 2. Under the terms of the contracts and the escrow agreement, the payments made by purchasers of lots in the proposed subdivision may not be distributed by the escrow agent to the developer until the final plat of the subdivision is filed and of record with the county clerk and recorder; 3. The contracts and the escrow agreement provide that if the final plat of the proposed subdivision is not filed with the county clerk and recorder within two years of the preliminary plat approval, the escrow agent must immediately refund to each purchaser any payment made under the contract; 4. The county treasurer has certified that no real property taxes and special assessments assessed and levied on the land to be divided are delinquent; and 5. The contracts must contain the following language conspicuously set out therein: "The real property which is the subject hereof has not been finally platted, and until a final plat identifying the property has been filed with the county clerk and recorder, title to the property cannot be transferred in any manner." B. Unless the plat is located in an area where the state or the city does not have jurisdiction, the county clerk and recorder may not record any instrument that purports to transfer title to a parcel or tract of land that is required to be surveyed by the Montana Subdivision and Platting Act (MCA 76-3-101 et seq.) unless the required certificate of survey or subdivision plat has been filed with the county clerk and recorder and the instrument of transfer describes the parcel or tract by reference to the filed certificate or plat. This provision does not apply if the parcel or tract to be transferred was created before July 1, 1973, and the instrument of transfer for the parcel or tract includes a reference to a previously recorded instrument of transfer or is accompanied by documents that, if recorded, would otherwise satisfy the requirements of this subsection B. The reference or document must demonstrate that the parcel or tract existed before July 1, 1973. However, these references or documents do not constitute a legal description of the property and may not be substituted for a legal description of the property. State Law reference— Land transfers, MCA 76-3-301 et seq. Sec. 38.240.020. - Effect of recording complying plat. (38.02.020) The recording of any plat made in compliance with the Montana Subdivision and Platting Act (MCA 76- 3-101 et seq.) must serves to establish the identity of all lands shown on and being a part of such plat. Where lands are conveyed by reference to a plat, the plat itself or any copy of the plat, properly certified by the county clerk and recorder as being a true copy thereof, must be regarded as BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 98 December 20, 2017 UDC update 7-28-2017 draft incorporated into the instrument of conveyance and must be received in evidence in all courts of this state. State Law reference— Similar provisions, MCA 76-3-304. Sec. 38.240.030. - Correction of errors, amendments or vacation of recorded final plats. (38.02.030) A. Correction of errors. Correction of errors that, in the opinion of the city, will not materially alter the plat may be made by the submission of a corrected final plat for the city's approval. The plat may be filed under the procedures for first minor subdivision plats. The plat must be entitled "amended plat of the (name of subdivision) subdivision," and the reason for the correction must be stated on the face of the plat. B. Material alterations. Amendments that materially alter the final plat, or any portion thereof, must be made by the filing of an amended plat showing all alterations. The amended plat must be approved by the city under the major or minor subdivision procedure, as is appropriate. Prior to such approval, the amended plat must be reviewed by the community development department. The city may not approve an amendment which will place the plat in nonconformance with the standards contained herein unless a public hearing is held on the plat and a written variance from the standards issued pursuant to procedures contained herein for such variances is granted. The plat must be entitled "amended plat of (the name) subdivision," and the reason for the amendment must be stated on the face of the plat. C. Vacating recorded plats. Any plat prepared and recorded as provided by this chapter may be vacated, in whole or in part, as provided by MCA 7-5-2501, 7-5-2502, 7-14-2616(1) and (2), 7-14- 2617, 7-14-4114(1) and (2), and 7-14-4115. Upon vacation, the city, or the district court, as provided in MCA 7-5-2502, must determine to which properties the title to the streets and alleys of the vacated portions must revert. The city, or the district court, as provided in MCA 7-5-2502, must take into consideration the previous platting; the manner in which the right-of-way was originally dedicated, granted or conveyed; the reasons stated in the petition requesting the vacation; the parties requesting the vacation; and any agreements between the adjacent property owners’ regarding the use of the vacated area. The title to the streets and alleys of the vacated portions may revert to one or more of the owners of the properties within the platted area adjacent to the vacated portions. 1. Utility easements. When any poleline, pipeline or any other public or private facility is located in a vacated street or alley at the time of the reversion of the title to the vacated street or alley, the owner of the public or private utility facility has an easement over the vacated land to continue the operation and maintenance of the public or private utility facility. State Law reference— Vacation of plats, utility easements, MCA 76-3-305. Sec. 38.240.040. - Correction of recorded plat by governing body. (38.02.040) When a recorded plat does not definitely show the location or size of lots or blocks, or the location or width of any street or alley, the city may at its own expense cause a new and correct survey and plat to be made and recorded in the office of the county clerk and recorder. The corrected plat must, to the extent possible, follow the plan of the original survey and plat. The surveyor making the resurvey must endorse the corrected plat referring to the original plat, and noting the defect existing therein and the corrections made. State Law reference— Similar provisions, MCA 76-3-614. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 99 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.240.050. - Disposition of water rights. (38.02.050) A. When a subdivision creates parcels with lot sizes averaging less than five acres, the developer must: 1. Reserve all or a portion of the appropriation water rights owned by the owner of the land to be subdivided and transfer the water rights to a single entity for use by the landowners within the subdivision who have a legal right to the water and reserve and sever any remaining surface water rights from the land; 2. If the land to be subdivided is subject to a contract or interest in a public or private entity formed to provide the use of a water right on the subdivision lots, establish a landowner's water use agreement administered through a single entity that specifies administration and the rights and responsibilities of landowners within the subdivision who have a legal right and access to the water; or 3. Reserve and sever all surface water rights from the land proposed for subdivision. State Law reference— Mandate for this section, MCA 76-3-504(1)(j). FOOTNOTE(S): --- (3) --- State Law reference— Local review procedure for subdivisions, MCA 76-3-601 et seq. Part 2: Review Procedures for Subdivisions Sec. 38.240.100. - General review procedure. (38.03.010) Every plat of subdivision must be reviewed, approved and filed for record with the county clerk and recorder in accordance with the procedures contained herein before title to the subdivided land can be sold or transferred in any manner. Subdivisions containing six or more lots must beare considered major subdivisions. A subdivision containing five or fewer lots, in which proper access to all lots is provided and in which no land is to be dedicated to public use for parks and playgrounds, must beis a minor subdivision. Sec. 38.240.110. - Presubmittal meeting and pre-application plan review. (38.03.020) A. The purpose of a pre-application plan review is to discuss this chapter and these standards, to familiarize the developer with the standards, goals and objectives of applicable plans, regulations and ordinances, and to discuss the proposed subdivision as it relates to these matters. 1. Minor subdivisions. Prior to the submittal of a subdivision application for a minor subdivision, the developer must submit an application for subdivision pre-application review. 2. Major subdivisions. Prior to the submittal of a subdivision application for a major subdivision, the developer must submit an application for subdivision pre-application review. The developer is encouraged to have a presubmittal meeting with the community development department prior to submitting a subdivision pre-application. 3. Pre-application plan review. For subdivision pre-application review, the developer must submit a complete application for pre-application plan review, the appropriate review fee, and copies of all required pre-application information as set forth in section 38.220.030. a. Community development department review. The community development department must review the pre-application plan and advise the developer as to whether the plans and data meet the goals and objectives of applicable plans and this chapter. (1) Agency review. The community development department will distribute the pre- application information to appropriate county and city departments and state and BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 100 December 20, 2017 UDC update 7-28-2017 draft federal agencies for review and written comment. All written comments received from various agencies, along with the community development department's comments regarding whether the plans and data meet the standards, goals and objectives of applicable plans, ordinances, and this chapter, and for informational purposes identification of local regulations, state laws, and growth policy provisions that may apply to the subdivision process, will be forwarded to the applicant to aid in the preparation of the subdivision application. The community development department must provide a list of the public utilities, agencies of government, and other parties who may be contacted and their timeframes for comment on the subdivision application. The comments collected by the community development department must be provided in person or by letter to the subdivider or their agent within 30 working days of a complete application being received by the city. The 30 working day review period must be consideredis met if the letter is dated, signed and placed in the outgoing mail within the 30 working day review period. (2) Time for review. The community development department must review the pre- application plan and within 30 working days advise the developer as to whether the plans and data meet the goals and objectives of applicable plans and this chapter. Every effort must be made by the community development department to obtain department and agency comment within this time period. b. Optional planning board review. If the developer so wishes, the developer may request in writing that the planning board review pre-application plans. The letter of request and additional copies of the pre-application materials are required for this optional review. (1) The request must be received at least 30 working days prior to the planning board meeting at which it is to be considered. The application will be submitted to the planning board at their next available meeting. A copy of the approved minutes of the planning board meeting will be forwarded to the developer. c. Time for follow-up submittal. A complete subdivision preliminary plat application must be submitted to the community development department within one calendar year of the date the planning office dates, signs and places the letter in the outgoing mail or sends the letter via electronic mail. d. The property owner will not receive formal written notification on the acceptability or adequacy of a subdivision pre-application plan submittal. State Law reference— Mandate for pre-application process, MCA 76-3-504(1)(q). Sec. 38.240.120. - Concurrent review. (38.03.030) The For Sanitation and Subdivision Act review, the developer has the option of submitting a state department of environmental quality (DEQ)/local government joint application form in the place of a preliminary plat application form, and to request concurrent subdivision review by the state department of environmental quality and the city, pursuant to MCA 76-4-129. Sec. 38.240.130. - Preliminary plat. (38.03.040) A. After the requirement for a pre-application review has been satisfied, the developer may submit a subdivision application within one year of the date of the city’s written comments as required by 38.240.110.A.3.a(2). Subdivision applications must be submitted, along with the appropriate review fee and all required subdivision application information as set forth in division 38.220 of this chapter to the community development department and must conform to the requirements of this chapter. The preliminary plat must be prepared by a surveyor licensed to practice in the state. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 101 December 20, 2017 UDC update 7-28-2017 draft 1. Acceptability and adequacy of application. The time limits in subsections 1.a and b of this section apply to each successive submittal of the application until a determination is made that the application contains the required materials and is adequate for review and the subdivider or their agent is notified. a. The community development department must review a subdivision application within five working days of receipt of the application and applicable fee. A subdivision application is considered to be received on the date of delivery to the reviewing agency if it is accompanied by the applicable review fee. An application is acceptable only if it contains all of the information required by this chapter. If the application is unacceptable, the application, and a written explanation of why the application is unacceptable will be returned to the subdivider. If the application is acceptable the subdivider must be so notified. The property owner may designate in writing another party to receive notifications regarding acceptability. The five working day review period must be consideredis met if the letter is dated, signed and placed in the outgoing mail within the five working day review period. If the applicant chooses to withdraw the application, the applicant may request a refund if procedures for such have been created in the administrative manual adopted by the director of community development. Subsequent resubmittal must require payment of a review fee as if it were a new application. b. After the application is deemed acceptable it must be reviewed for adequacy. The review for adequacy must be conducted by the appropriate agency with expertise in the subject matter. The adequacy review period must begins on the next working day after the date that the community development department determines the application is acceptable and sends the required notice to the subdivider; and must be completed within not more than 15 working days. The 15 working day review period must be consideredis met if the letter is dated, signed and placed in the outgoing mail within the 15 working day review period. If the application is inadequate, a written explanation of why the application is inadequate will be returned to the subdivider. If the application is adequate the subdivider must be so notified. The property owner may designate in writing another party to receive notifications regarding adequacy. (1) In the event the missing information is not received by the city within 15 working days of notification to the subdivider of inadequacy, all application materials except the city’s file record copy must be returned to the subdivider or their representative. Subsequent resubmittal must will require payment of a review fee as if it were a new application. (2) A determination that an application is adequate does not restrict the city from requesting additional information during the subdivision review process. A determination of adequacy establishes the applicable review criteria as specified in section 38.200.080.A. c. The DRC may grant reasonable waivers from 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 must be provided before review is completed. d. In order to be granted a waiver the applicant must include with the submission of the subdivision application a written statement describing the requested waiver and the reasons upon which the request is based. The final approval body must then consider each waiver at the time the subdivision application is reviewed. All waivers must be initially identified with the pre-application stage of review. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 102 December 20, 2017 UDC update 7-28-2017 draft 2. Review by affected agencies. After an application is deemed acceptable, the community development department may submit copies of the preliminary plat and supplementary information to relevant public utilities and public agencies for review and comment, and for major subdivisions to the planning board for its advice pertaining to the approval or denial of the subdivision application. Review by public agencies or utilities must not delay the city commission's consideration of the subdivision application beyond the statutorily specified review period. If the community development department must request review by a public utility, agency of government, and other parties regarding the subdivision application that was not identified during the pre-application review the community development department must notify the subdivider. 3. Planning board review. At a regularly noticed public hearing, the planning board must review all major subdivision applications, together with required supplementary plans and information, and determine whether the plat is in compliance with the city's growth policy. The planning board must hold a public hearing on all major subdivisions. Pursuant to MCA 76-1-107, the planning board has delegated its review of all minor subdivisions from a tract of record to the community development director. a. Public testimony. All written public comment received at or prior to a public hearing must be incorporated into the written record of the review. Minutes must be taken of verbal comment received during the public hearing or public meeting before the planning board and must be incorporated into the written record of the review. Copies of the minutes and written comments must be included in any recommendation made to the city commission by the planning board. b. Planning board recommendation. Within ten working days of their review, the planning board must submit in writing to the city commission its advice regarding compliance with the city's growth policy, and a recommendation for approval, conditional approval or denial of the subdivision application. 4. Community development director review. The community development director must review all minor subdivision applications, together with required supplementary plans and information, and determine whether the plat is in compliance with the city's growth policy. The community development director must make a written recommendation including a summary of the agency review and analysis of the review criteria established in this chapter and a recommendation for approval, conditional approval or denial of the subdivision application. a. Public testimony. All written public comment received during the community development director's review must be incorporated into the written record of the review. Copies of written comments must be included in any recommendation made to the city commission by the community development director. 5. City commission review. The city commission must review and take action on all proposed subdivisions. a. The following requirements for a public hearing or a public meeting, and for statutory review periods, must be met: (1) First minor subdivision created from a tract of record. The city commission must consider the subdivision application and the community development director's recommendation during a regular public meeting of the commission. The city commission, when legal and physical access is provided to all lots must approve, conditionally approve or deny the subdivision application of a first minor subdivision within 35 working days of the determination that the application is adequate, unless there is a written extension from the developer for a period not to exceed one year BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 103 December 20, 2017 UDC update 7-28-2017 draft from the date the application was determined to be adequate. A minor subdivision must be reviewed as a second or subsequent minor subdivision if the tract has been previously subdivided or created by a subdivision; or the tract has descended from a tract of record which has previously been divided by exemption or other means into 6 or more tracts of record since July 1, 1973. (a) Variance requests for minor subdivisions. If the developer of a minor subdivision is requesting a variance from any requirement of this chapter, the procedures of section 38.250.0870 must be followed except that a public hearing must not be held. (2) Subdivisions eligible for summary review. The city commission must consider the application and the community development director's recommendation during a regular public meeting of the commission. The city commission must approve, conditionally approve or deny a proposed subdivision that is eligible for summary review within 35 working days of determination that the application is adequate, unless there is a written extension from the developer. The written extension may not exceed one year. Minor subdivisions are eligible for summary review if the plat has been approved by the state department of environmental quality whenever approval is required by MCA 76-4-101 et seq. (3) Second or subsequent minor subdivision created from a tract of record. For the second or subsequent minor subdivision created from a tract of record, the city commission must hold a public hearing on the subdivision application. The city commission must approve, conditionally approve or deny the subdivision application of a second or subsequent minor subdivision within 60 working days of the determination that the application is adequate for review, unless there is a written extension from the developer, not to exceed one year from the date the application was determined to be adequate. (4) Major subdivisions. For a major subdivision, the city commission must hold a public hearing on the subdivision application. The city commission must approve, conditionally approve or deny the subdivision application within 60 working days of the determination that the application is adequate for review if the subdivision has less than 50 lots, and within 80 working days of the determination that the application is adequate for review if the subdivision has 50 or more lots, unless there is a written extension from the developer, not to exceed one year from the date the application was determined to be adequate. (5) Public testimony. All written public comment received at a public meeting or public hearing prior to a decision to approval, approve with conditions, or deny a subdivision application must be incorporated into the written record of the review. Minutes must be taken of verbal comments received during the public hearing before the city commission and must be incorporated into the written record of the review maintained by the city. (6) New and credible information. The city commission must determine whether public comments or documents presented to the city commission at a public hearing regarding a subdivision application held pursuant to section 38.240.130.A.5 constitute: (a) Information or analysis of information that was presented at a public hearing held pursuant to section 38.240.130.A.5 that the public has had a reasonable opportunity to examine and on which the public has had a reasonable opportunity to comment; or BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 104 December 20, 2017 UDC update 7-28-2017 draft (b) New information regarding a subdivision application that has never been submitted as evidence or considered by either the city commission, planning board or by city staff at a hearing during which the subdivision application was considered. (c) If the city commission determines that the public comments or documents constitute new information not previously considered at a public hearing, the city commission may: (i) Approve, conditionally approve, or deny the proposed subdivision without basing its decision on the new information if the governing body determines that the new information is either irrelevant or not credible; or (ii) Schedule or direct its agent or agency to schedule a subsequent public hearing before the city commission for consideration of only the new information that may have an impact on the findings and conclusions that the governing body will rely upon in making its decision on the proposed subdivision. (iii) In deciding whether the information is both new and credible the city commission must consider: (A) Whether the topic of the information has previously been examined or available for examination at a public hearing on the subdivision application; (B) Whether the information is verifiable, and if applicable developed by a person with professional competency in the subject matter; (C) Whether the information is relevant to a topic within the jurisdiction of the city. (d) If a subsequent public hearing is held to consider new and credible information, the 60 working day review period required in section 38.240.130.A.5 is suspended and the new hearing must be noticed and held within 45 working days of the governing body's determination to schedule a new hearing. After the new hearing, the otherwise applicable time limit for review resumes at the governing body's next scheduled public meeting for which proper notice for the public hearing on the subdivision application can be provided. The governing body may not consider any information regarding the subdivision application that is presented after the hearing when making its decision to approve, conditionally approve, or deny the proposed subdivision. b. Criteria for city commission action. The basis for the city commission's decision to approve, conditionally approve or deny the subdivision must be whether the subdivision application, public hearing if required, planning board advice and recommendation and additional information demonstrates that development of the subdivision complies with this chapter, the city's growth policy, the Montana Subdivision and Platting Act and other adopted state and local ordinances, including, but not limited to, applicable zoning requirements. The city commission may not deny approval of a subdivision based solely on the subdivision's impacts on educational services; or based solely on parcels within the subdivision having been designated as wildland-urban interface parcels by the most recent city-adopted hazard mitigation plan and its supporting documentation. When deciding to approve, conditionally approve or deny a subdivision application, the city commission must: (1) Review the preliminary plat, together with required supplementary plans and information, to determine if it meets the requirements of this chapter, the development standards and policies of the city's growth policy, the Montana Subdivision and Platting BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 105 December 20, 2017 UDC update 7-28-2017 draft Act, and other adopted state laws and local ordinances, including but not limited to applicable zoning requirements. (2) Consider written comments from appropriate public agencies, utilities or other members of the public. (3) Consider the following: (a) Relevant evidence relating to the public health, safety and welfare; (b) Other regulations, code provisions or policies in effect in the area of the proposed subdivision; (c) The recommendation of the advisory bodies; and (d) Any relevant public testimony. (4) When the subdivision does not qualify, pursuant to MCA 76-4-125(2), for the certification established in section 38.240.100 the city commission may conditionally approve or deny a proposed subdivision as a result of the water and sanitation information provided pursuant to section 38.220.050.A.9. or public comment received pursuant to MCA 76-3-604 on the information provided pursuant to section 38.220.050. A conditional approval or denial must be based on existing subdivision, zoning, or other regulations that the city commission has the authority to enforce. (5) The city may not approve a proposed subdivision if any of the features and improvements of the subdivision encroach onto adjoining private property in a manner that is not otherwise provided for under Title 76, chapters 3 or 4, MCA, or if the well isolation zone of any proposed well to be drilled for the proposed subdivision encroaches onto adjoining private property unless the owner of the private property authorizes the encroachment. For the purposes of this section, "well isolation zone" has the meaning provided in 76-4-102, MCA. c. City commission action. If the city commission denies or conditionally approves the subdivision application, it must forward one copy of the plat to the developer accompanied by a letter over the appropriate signature stating the reason for disapproval or enumerating the conditions that must be met to ensure approval of the final plat. This written statement must include: (1) The reason for the denial or condition imposition; (2) The evidence that justifies the denial or condition imposition; and (3) Information regarding the appeal process for the denial or condition imposition. d. Mitigation. The city commission may require the developer to design the subdivision to reasonably minimize potentially significant adverse impacts identified through the review required by this chapter. The city commission must issue written findings to justify the reasonable mitigation required by this chapter. The city commission may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the plat. When requiring mitigation under this subsection, the city commission must consult with the developer and must give due weight and consideration to the expressed preference of the developer. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 106 December 20, 2017 UDC update 7-28-2017 draft e. Findings of fact. Within 30 working days of the final action to approve, deny, or approve with conditions a subdivision, the city commission must issue written findings of fact that discuss and weigh the following criteria, as applicable (pursuant to MCA 76-3-608): (1) Criteria. (a) Compliance with the survey requirements of the Montana Subdivision and Platting Act; (b) Compliance with this chapter and the review process of these regulations; (c) The provision of easements to and within the subdivision for the location and installation of any necessary utilities; (d) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel; and (e) For major subdivisions, the findings of fact must also address the effect on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat, and public health and safety. (2) Required components. The written findings of fact must contain at a minimum: (a) Information regarding the appeal process for the denial or imposition of conditions; (b) The regulations and statutes used in reaching the decision to deny or impose conditions and explains how they apply to the decision; (c) The facts and conclusions that the governing body relied upon in making its decision to deny or impose conditions. The documents, testimony, or other materials that form the basis of the decision and support the conclusions of the governing body may be incorporated into the written findings by reference. (3) Federal or state governmental entity input. If a federal or state governmental entity submits a written or oral comment or an opinion regarding wildlife, wildlife habitat, or the natural environment relating to a subdivision application for the purpose of assisting a governing body's review, the comment or opinion may be included in the governing body's written statement under this section only if the comment or opinion provides scientific information or a published study that supports the comment or opinion. A governmental entity that is or has been involved in an effort to acquire or assist others in acquiring an interest in the real property identified in the subdivision application must disclose that the entity has been involved in that effort prior to submitting a comment, an opinion, or information as provided in this subsection. f. Initial subdivision application approval period. Upon approving or conditionally approving a subdivision application, the city commission must provide the developer with a dated and signed findings of fact and order. This initial approval must be in force for not more than: (1) one calendar year for minor subdivisions, (2) two calendar years for single-phased major subdivisions (3) and three calendar years for multi-phased major subdivisions after the date of the findings of fact and order. At the end of this period, the city may, at the written request of the developer, extend its approval for a mutually agreed-upon period of time. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 107 December 20, 2017 UDC update 7-28-2017 draft g. Extensions of preliminary plat approval period. Any mutually agreed upon extension must be in writing and dated and signed by the subdivider or their authorized agent and by the city commission or their authorized agent. More than one extension may be requested for a particular subdivision. Each request must beis considered on its individual merits. An extension of the subdivision approval under this chapter does not extend other city or non- city agency approvals, e.g. for design of infrastructure extensions, necessary to complete the project. Review authority for extensions is established in division 38.220. When evaluating an extension request, the city must consider: (1) Changes to the development regulations since the original approval and whether the subdivision as originally approved is substantially essentially compliant with the new regulations; (2) Progress to date in completing the subdivision as a whole and any phases, including maintenance of the remainder of the site in good condition; (3) Phasing of the subdivision and the ability for existing development to operate without the delayed development; (4) Dependence by other development on any public infrastructure or private improvements to be installed by the subdivision; (5) Demonstrated ability of the subdivider to complete the subdivision; (6) Whether mitigation for impacts of the subdivision identified during the preliminary plat review and findings of fact and order remain relevant, adequate, and applicable to the present circumstances of the subdivision and community. h. Changes to conditions after approval. Upon written request of the developer, the city commission may amend conditions of subdivision application approval where it can be found that errors or changes beyond the control of the developer have rendered a condition unnecessary, impossible or illegal. Changes to conditions that are not unnecessary, impossible or illegal must beare subject to the provisions of section 38.100.070. (1) The written request must be submitted to the community development department. (2) The written consent of all purchasers of land (via contract for deed, etc.) must be included with the written request to amend conditions. (3) If it is an application for a major subdivision, the city commission must conduct a public hearing on the request. If it is an application for a minor subdivision, the city commission must consider the request at a regularly scheduled meeting. (a) If a public hearing is held, public notice of the hearing must be given in accordance with this chapter. (4) The city commission may approve the requested change if it meets the criteria set forth in this chapter. (5) The city commission must issue written findings of fact as required in this chapter. State Law reference— Review of subdivision application, MCA 76-3-604. Sec. 38.240.140. - Notice of certification that water and waste services will be provided by local government. (38.03.050) A. If the developer is proposing to request an exemption from the department of environmental quality (DEQ) for infrastructure plan and specification review, the subdivision application must include a BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 108 December 20, 2017 UDC update 7-28-2017 draft written request from the developer's professional engineer, licensed in the state, that indicates the intent to request the exemption, and details the extent of water, sewer and stormwater infrastructure that will be completed prior to final plat approval. A detailed preliminary stormwater drainage plan must also be submitted with the written request. The director of public works must, prior to final plat approval, send notice of certification to the DEQ per MCA 76-4-127. 1. The notice of certification must include the following: a. The name and address of the applicant; b. A copy of the preliminary plat included with the application for the proposed subdivision or a final plat where a preliminary plat is not necessary; c. The number of proposed parcels in the subdivision; d. A copy of any applicable zoning ordinances in effect; e. How construction of the sewage disposal and water supply systems or extensions will be financed; f. Certification that the subdivision is within a jurisdictional area that has adopted a growth policy pursuant to title 76, chapter 1, Montana Code Annotated (MCA 76-1-101 et seq.) and a copy of the growth policy, when applicable; g. The relative location of the subdivision to the city; h. Certification that adequate municipal facilities for the supply of water and disposal of sewage and solid waste are available or will be provided within the time provided in MCA 76-3-507; i. If water supply, sewage disposal or solid waste facilities are not municipally owned, certification from the facility owners that adequate facilities are available; and j. Certification that the city commission has reviewed and approved plans to ensure adequate stormwater drainage. Sec. 38.240.150. - Final plat application. (38.03.060) A. After the conditions of preliminary approval and the requirements for the installation of improvements have been satisfied, the developer must cause to be prepared a final plat. The final plat must conform to the uniform standards for final subdivision plats as set forth in 24.183.1107 ARM as may be amended and to the standards required by the county clerk and recorder. The applicant is responsible to verify that they are complying with the most recently adopted clerk and recorder standards. Plans and data must be prepared under the supervision of a registered surveyor, licensed in the state, as their licensing laws allow. 1. Final plat submittal. The final plat and all supplementary documents must be submitted to the community development department at least 30 working days prior to the expiration of subdivision application approval or any extension thereto. The submittal must include a final plat application form, the appropriate review fee, all information required by 38.220.070 and a written explanation of how each of the conditions of subdivision application approval has been satisfied. a. The final park plan, if one is associated with the plat, must be reviewed and approved, after a recommendation from the city recreation and parks advisory board, prior to or simultaneously with the final plat. The installation of any park improvements to meet minimum development standards or conditions of approval must comply with division 38.270 of this chapter. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 109 December 20, 2017 UDC update 7-28-2017 draft 2. County treasurer certification. A final plat will not be accepted as complete until the county treasurer has certified that no real property taxes and special assessments assessed and levied on the land to be subdivided are delinquent. 3. Review of abstract, deeds, and covenants. a. With the final plat, the developer must submit to the community development department a certificate of a licensed title abstractor showing the names of the owners of record of the land to be subdivided and of any off-site land used to satisfy parkland dedication requirements, and the names of lienholders or claimants of record against the land, and the written consent to the subdivision by the owners of the land, if other than the developer, and any lienholders or claimants of record against the land. The certificate of licensed title abstractor must be dated no earlier than 30 calendar days prior to submittal. If necessary, the certificate must be updated so that the certificate is dated no earlier than 90 days prior to the city commission’s action on the final plat. b. Covenants must be submitted to the community development department with the final plat application. At least 30 working days prior to submission of the final plat application to the community development department, the developer must submit a copy of the covenants to the city attorney’s office. c. If an improvements agreement will be required per 38.270.060 then the proposed associated financial security must be provided at least 30 working days prior to submission of the final plat application for review by the city attorney. d. Transfer of ownership of public land, off-site land, private land, personal property, improvements and water rights; documents required. (1) For the transfer of real property in satisfaction of required or offered dedications to the city, and required or offered donations or grants to the property owners’ association (POA), the subdivider or owner of the property must submit with the application for final plat a warranty deed or other instrument acceptable to the city attorney transferring fee simple ownership to the city or the POA. (2) For the transfer of personal property installed upon dedicated parkland or city-owned open space, or POA-owned parkland or open space, the subdivider must provide the city an instrument acceptable to the city attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the city or the POA. (3) The subdivider or owner of the property must record the deed or instrument transferring ownership or interests at the time of recording of the final plat with the original of such deed or instrument returned to the city or POA as applicable. (4) For the transfer of ownership interest in water, the subdivider or owner of the property must submit with the application for final plat a deed or other instrument acceptable to the city attorney transferring ownership to the city or POA, along with all required state department of natural resources and conservation documentation, certification and authorization. d. Certificates. (1) Public lands/improvements must be described in the certificate of dedication/consent, listed in the certificate of completion, be completed or subject to an improvements agreement. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 110 December 20, 2017 UDC update 7-28-2017 draft (2) Private lands/improvements must be described and addressed in the certificate of donation/grant and completion of private improvements, be completed or subject to an improvements agreement. 4. Review by the community development department. The community development department will then review the final plat application to ascertain that all conditions and requirements for final approval have been met. If all conditions and requirements for final approval have been met, the community development department must forward a report to the city commission for their action. 5. Final plat approval. The city commission must examine every final plat, and within 45 working days of the date of receipt of a complete final plat application to the community development department, must approve it if it conforms to the conditions of preliminary approval and the terms of this chapter. “Date of receipt” means the date of delivery to the reviewing agency if accompanied by the applicable review fee. The city commission must examine every final plat at a regular meeting. A final subdivision plat may not be approved by the city unless all certificates, with the exception of the director of public works and the county clerk and recorder, have been complied with, signed and notarized and all subdivision regulations and conditions of preliminary plat approval have been met. A final subdivision plat may not be filed with the county clerk and recorder unless all certificates, with the exception of the county clerk and recorder, have been complied with, signed and notarized. This shall include the certification by the county treasurer that no real property taxes and special assessments assessed and levied on the land to be subdivided are delinquent. A final subdivision plat may not be approved by the city commission or filed by the county clerk and recorder unless it complies with the uniform standards for final subdivision plats as established 24.183.1107, ARM as may be amended and as required by the Gallatin County Clerk and Recorder. a. If the final plat is approved, the director of public service shall so certify the approval in a printed certificate on the plat. b. If the final plat is denied, the city commission shall cause a letter to be written to the developer stating the reasons therefore. 6. Filing. The developer must file the approved, signed final plat and all other required certificates and documents with the county clerk and recorder within 60 days of the date of final approval. Sec. 38.240.160. - Changes to filed subdivision plats. (38.03.070) Changes to a filed subdivision plat must be filed with the county clerk and recorder as an amended plat. An amended plat may not be filed unless it meets the filing requirements for a final subdivision plat specified in these regulations. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 111 December 20, 2017 UDC update 7-28-2017 draft Part 3: Land Divisions Created by Rent or Lease Sec. 38.240.200. – General. (38.04.010) A. Land subdivisions created by rent or lease, rather than sale, refer to areas that provide multiple spaces for manufactured homes, mobile homes or recreational camping vehicles regardless of the size of the area or whether the spaces will be made available for rent by the general public for a fee. The land must be owned as one parcel under single ownership, which can include a number of persons owning the property in common. Subsequent action to sell interests in less than the entirety of the development may necessitate review under Parts 5 and 6 of the Montana Subdivision and Platting Act prior to any sale. Land subdivisions created by rent or lease are not subject to this division 38.240 or the Montana Subdivision and Platting Act if: 1. They are developed on property which has been subdivided in compliance with Parts 5 and 6 of the Montana Subdivision and Platting act or which have a boundary documented by a certificate of survey recorded after July 1, 1973; and 2. They are reviewed as a site plan, conditional use permit, or planned unit development as described and authorized under this chapter; and 3. They comply with the adopted zoning regulations and other land development standards adopted by the city. B. DPHHS license. If a land subdivision by rent or lease, that will provide multiple spaces for manufactured homes, mobile homes or recreational camping vehicles is also a "campground," "trailer court," "work camp," or "youth camp" as defined below, the city must not grant final approval until the developer obtains a license for the facility from the state department of public health and human services (DPHHS) under MCA tit. 50, ch. 52. 1. "Campground" means a parcel of land available to and principally used by the public for camping, where persons can camp, secure tents or cabins, or park trailers for camping and sleeping purposes. 2. "Trailer court" means a parcel of land upon which two or more spaces are available to the public and designated for occupancy by trailers, manufactured homes or mobile homes for use as residences. The term does not include a parcel composed of platted lots, if each lot: a. Is filed with the county clerk and recorder; b. Contains only one trailer space; and c. Is served by a public water supply system and public sewage system that meet the requirements of rules for systems adopted pursuant to MCA tit. 75, ch. 6, pt. 1, and that are located within the boundaries of the City of Bozeman. 3. "Work camp" means a parcel of land on which housing is provided by a person for two or more families or individuals living separately, for the exclusive use of the employees of the person and the families, if any, of the employees. For purposes of this subsection, "housing" includes but is not limited to camping spaces; trailer parking spaces; manufactured, mobile, modular or permanent barracks or structures; and any appurtenant water supply and distribution system, sewage collection and disposal system, solid waste collection and disposal system, or food service and dining facilities. Housing does not include shelter provided by an employer for persons who are employed to perform agricultural duties on a ranch or farm. 4. "Youth camp" means a parcel of land on which permanent buildings, tents or other structures are maintained as living quarters for ten or more people and that is used primarily for educational or recreational use by minors. The term includes any appurtenant water supply and BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 112 December 20, 2017 UDC update 7-28-2017 draft distribution system, sewage collection and disposal system, solid waste collection and disposal system, or food service and dining facilities. C. Surveying and filing requirements exemption. Land subdivisions created by rent or lease are exempt from the surveying and filing requirements of the Montana Subdivision and Platting Act. D. Buildings for lease or rent. A building or buildings created for lease or rent on a single lot is not a subdivision of land but must be in conformance with applicable zoning regulations. For this section "building" means a structure or a unit of a structure with a roof supported by columns or walls for the permanent or temporary housing or enclosure of persons or property or for the operation of a business. Except as provided in MCA 76-3-103(15) the term includes a recreational camping vehicle, mobile home, or cell tower. The term does not include a condominium or townhome. State law reference— Similar provisions, MCA 76-8-101. Sec. 38.240.210. - Land subdivisions created by rent or lease - procedure, submittal requirements and review criteria. (38.04.020) A. Land subdivisions created by rent or lease must be submitted, reviewed and approved by the city before any portions of the development may be rented or leased. The developer must apply for site plan and subdivision review. B. Site plan review. All relevant procedures, submittal requirements and review criteria contained in division 38.230 of this chapter must apply. The development must also comply with the requirements of division 38.310 of this chapter and sections 38.360.1830 and 38.360.24180. C. Subdivision review. The subdivision review procedure and review criteria for land subdivisions created by rent or lease will depend upon the number of spaces within the proposed development. Proposed developments containing five or fewer spaces for rent or lease must be reviewed as minor subdivisions according to the provisions of article 2 of this chapter and proposed developments containing six or more spaces for rent or lease must be reviewed as major subdivisions according to the provisions of division 38.240 of this chapter. 1. Pre-application plan. The pre-application plan must be reviewed using the procedures contained in section 38.240.110. The submittal materials listed in section 38.220.030 must be provided. 2. Preliminary plan submittal and procedure. For land subdivisions created by rent or lease, the developer must submit a preliminary plan in lieu of a preliminary plat, a completed application for minor subdivision or major subdivision as appropriate, and the materials listed in sections 38.220.050 and 38.220.060. 3. Final plan submittal and procedure. For land subdivisions created by rent or lease, the developer must submit a final plan in lieu of a final plat, a completed final plat application and the materials listed in section 38.220.070. 4. Supplementary materials. In addition to the submittal requirements of division 38.220 of this chapter, preliminary and final plans for land subdivisions created by rent or lease must show the following: a. A layout of all spaces proposed for rent or lease; b. Location of commonly owned areas and facilities; and c. Parks and/or recreation areas. 5. Boundary lines. All preliminary and final plans may show approximate boundary, lot, right-of-way or other lines. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 113 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.240.220. - Land subdivisions created by rent or lease - timing of improvements. (38.04.030) Before any portion of a land subdivision created by rent or lease can be rented or leased, all required improvements must be installed, inspected and found compliant with the approved plan, and where applicable accepted by the city. Sec. 38.240.230. - Land subdivisions created by rent or lease - filing of final plan. (38.04.040) Once the final plan has been approved by the city, an original copy of the approved plan must be filed with the county clerk and recorder as a "miscellaneous" document and another copy of the approved plan must be retained by the engineering division of the department of public works. FOOTNOTE(S): --- (4) --- State Law reference— Miscellaneous exemptions, MCA 76-3-201 et seq. Part 4: Subdivision Exemptions Sec. 38.240.300. - Divisions of land entirely exempt from the requirements of this chapter pertaining to subdivisions and the state Subdivision and Platting Act. (38.05.010) A. Unless the method of disposition is adopted for the purpose of evading this chapter or the Montana Subdivision and Platting Act (the "Act"), the requirements of this chapter pertaining to subdivisions and the Act may not apply whento any division of land that: 1. A division of land iIs created by order of any court of record in this state or by operation of law or that, in the absence of agreement between the parties to the sale, could be created by an order of any court in the state pursuant to the law of eminent domain (MCA 76-3-201(1)(a)); a. Before a court of record orders a division of land, the court must notify the governing body of the pending division and allow the governing body to present written comment on the division; b. Lots created as described in this section that do not comply with the standards of Chapter 38, BMC are not “nonconforming” lots subject to 38.32.030 and are not individual buildable lots. 2. A division of land iIs created to provide security for mortgages, liens or trust indentures for the purpose of construction, improvements to the land being divided, or refinancing purposes (MCA 76-3-201(1)(b)). a. This exemption applies: i. To a division of land of any size; ii. To a parcel that is created to provide security, however the remainder of the tract of land is subject to the provisions of the Montana Subdivision and Platting Act and division 38.240 of this chapter if applicable. b. Lots created as described in this section that do not comply with the standards of Chapter 38, BMC are not “nonconforming” lots subject to 38.280.030 and are not individual buildable lots. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 114 December 20, 2017 UDC update 7-28-2017 draft 3. A division of land cCreates an interest in oil, gas, minerals or water that is severed from the surface ownership of real property (MCA 76-3-201(1)(c)); 4. A division of land cCreates cemetery lots (MCA 76-3-201(1)(d)); 5. IA division of land is created by the reservation of a life estate (MCA 76-3-201(1)(e)); 6. IA division of land is created by lease or rental for farming and agricultural purposes (MCA 76-3- 201(1)(f)); 7. AI division of land is created for rights-of-way or utility sites. A subsequent change in the use of the land to a residential, commercial or industrial use is subject to the requirements of the Montana Subdivision and Platting Act and division 38.240 of this chapter (MCA 76-3-201(1)(h)); 8. A division of landIs created by lease or rental of contiguous airport-related land owned by a city, county, the state, or a municipal or regional airport authority provided that the lease or rental is for onsite weather or air navigation facilities, the manufacture, maintenance, and storage of aircraft, or air carrier-related activities (MCA 76-3-205(1)); 9. A division ofIs state-owned land unless the division creates a second or subsequent parcel from a single tract for sale, rent or lease for residential purposes after July 1, 1974 (MCA 76-3- 205(2)); and 10. DeedsIs created by deed, contracts, leases or other conveyances that were executed prior to July 1, 1974 (MCA 76-3-206). State Law reference— Similar provisions, MCA 76-3-201, 76-3-205, 76-3-206. Sec. 38.240.310. - Specific divisions of land exempt from review but subject to survey requirements and zoning regulations for divisions of land not amounting to subdivisions. (38.05.020) A. Unless the method of disposition is adopted for the purpose of evading this chapter or the Act, the following divisions or aggregations of tracts of record of any size, regardless of the resulting size of any lot created by the subdivision or aggregation, are not subdivisions under this chapter and the Act, but are subject to the surveying requirements of MCA 76-3-401 for lands other than subdivisions and are subject to applicable zoning regulations adopted under title 76, chapter 2, Montana Code Annotated (MCA 76-2-101 et seq.). A division of land may not be made under this section unless the county treasurer has certified that no real property taxes and special assessments assessed and levied on the land to be divided are delinquent. The county clerk and recorder must notify the community development department of any land division described in this section or MCA 76-3-207(1). 1. Divisions made outside of platted subdivisions for the purpose of relocating common boundary lines between adjoining properties (MCA 76-3-207(I)(a)); 2. Divisions made outside of platted subdivisions for the purpose of a single gift or sale in each county to each member of the landowner's immediate family (MCA 76-3-207(I)(b)) A); 3. Divisions made outside of platted subdivisions by gift, sale or an agreement to buy and sell in which the parties to the transaction enter a covenant running with the land and revocable only by mutual consent of the city and the property owner that the divided land will be used exclusively for agricultural purposes (MCA 76-3-207(I)(c)); 4. For lots within a platted subdivision, the relocation of common boundaries where the relocation does not cross public or private street rights of way or an external boundary of the subdivision. (MCA 76-3-207(I)(d)). The restriction of MCA 76-3-207(2) on the number of lots to be rearranged and designation of review authority must does not apply in such instances; and BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 115 December 20, 2017 UDC update 7-28-2017 draft 5. Divisions made for the purpose of relocating a common boundary line between a single lot within a platted subdivision and adjoining land outside a platted subdivision. A restriction or requirement on the original platted lot or original unplatted parcel continues to apply to those areas (MCA 76-3-207(I)(e)). 6. Aggregation of parcels or lots when a certificate of survey or subdivision plat shows that the boundaries of the original parcels have been eliminated and the boundaries of the larger aggregate parcel are established. A restriction or requirement on the original platted lot or original unplatted parcel continues to apply to those areas (MCA 76-3-207(I)(f)). The restriction of MCA 76-3-207(2) on the number of lots to be rearranged and designation of review authority must does not apply in such instances. 7. Divisions of one or more lots within a platted subdivision to create cottage lot developments subject to 38.360.11029 as authorized by MCA 76-3-203. This section is not applicable to the development of condominiums. An amended plat of the original subdivision showing the new dependent lots and all common lots must be filed and must comply with the uniform standards for final subdivision plats specified in 24.183.1107, ARM and as updated. State Law reference— Similar provisions, MCA 76-3-207. Sec. 38.240.320. - Reserved. (38.05.030) Sec. 38.240.330. - Condominiums. (38.05.040) A. Condominium developments are exempt from the surveying and filing requirements of article 2 of this chapter and the Montana Subdivision and Platting Act. B. Condominiums, constructed on land divided in compliance with the Montana Subdivision and Platting Act, are exempt from the provisions of division 38.240 of this chapter and the Montana Subdivision and Platting Act if either: 1. The approval of the original division of land expressly contemplated the construction of the condominiums and any applicable park dedication requirements of MCA 76-3-621 are complied with; or 2. The condominium proposal is in conformance with applicable local zoning regulations where local zoning regulations are in effect. State Law reference— Similar provisions, MCA 76-3-203. Sec. 38.240.340. - Exemption from surveying and platting requirements for lands acquired for state highways. (38.05.050) Instruments of transfer for land which is acquired for state highways may refer by parcel and project number to state highway plans which have been recorded in compliance with MCA 60-2-209 and are exempted from the surveying and platting requirements of this chapter and the Act (MCA 76-3-209). If such parcels are not shown on highway plans of record, instruments of transfer of such parcels must be accompanied by and refer to appropriate certificates of survey and plats when presented for recording. State Law reference— Similar provisions, MCA 76-3-209. Sec. 38.240.350. - Procedures and general requirements. (38.05.060) A. All certificates of survey or amended subdivision plats claiming an exemption inside city limits and subject to survey requirements must be submitted to the community development department. The procedures and requirements of this chapter are limited to the exemptions discussed in section 38.240.360. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 116 December 20, 2017 UDC update 7-28-2017 draft 1. Submittal. A claimant seeking an exemption under the Act and this chapter must submit to the community development department a claim on the appropriate application form, including a signed certificate of exemption, together with evidence to support the claim and any other information required by this chapter. 2. Review. The community development department will review the claimed exemption to verify that it is the proper use of the claimed exemption. a. During this review, community development department staff will visit the proposed site, understand thoroughly the nature of all activity occurring on the site, and must identify any existing or potential zoning conflicts. The community development department must prepare a memo evaluating the claimed exemption against applicable review criteria, which must also be made available to the claimant or the claimant's representative. b. In assessing the claimant's purpose for the exemption, the community development department will evaluate all relevant circumstances including the nature of the claimant's business, the prior history of the particular tract in question, and the proposed configuration of the tract, if the proposed exemption transactions are completed. c. Where a rebuttable presumption is declared in this chapter, the presumption may be overcome by the claimant with evidence contrary to the presumption. If the community development department concludes that the evidence overcomes the presumption and that from all the circumstances the exemption is justified, the exemption will be allowed. On the other hand, iIf the community development department concludes that the presumption is not overcome and that from all the circumstances the exemption is not justified, the exemption will be disallowed. d. If the exemption is allowed, the community development department must so certify in a printed certificate on the certificate of survey or amended plat within 30 days of submission of a complete application. e. If the exemption is disallowed, the community development department must provide written notification, within 30 days of submission of a complete application, of its decision to the person claiming the exemption and to the county clerk and recorder. 3. Filing requirements. An amended plat or a certificate of survey of a division of land which is exempt from review must be filed within 180 days of the completion of the survey. a. Certificates of survey. A certificate of survey may not be filed by the county clerk and recorder unless it complies with the following procedures for divisions of land exempted from public review as subdivisions. Certificates of survey for divisions of land meeting the criteria set out in MCA 76-3-207, must meet the following requirements: (1) A certificate of survey of a division of land that would otherwise be a subdivision, but that is exempted from subdivision review under MCA 76-3-207, may not be filed by the county clerk and recorder unless it bears the acknowledged certificate of the property owner stating that the division of land is exempt from review as a subdivision and citing the applicable exemption. (2) If the exemption relied upon requires that the property owner enter into a covenant running with the land, the certificate of survey may not be filed unless it bears a signed and acknowledged recitation of the covenant. (3) If a certificate of survey invokes the exemption for gifts and sales to members of the landowner's immediate family, the certificate must indicate the name of the proposed BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 117 December 20, 2017 UDC update 7-28-2017 draft grantee, the relationship of the grantee to the landowner and the parcel to be conveyed to the grantee. (4) If a certificate of survey invokes the exemption for the relocation of common boundary lines: (a) The certificate of survey must bear the signatures of all landowners whose tracts of record will be altered by the proposed relocation. The certificate of survey must show that the exemption was used only to change the location of or eliminate a boundary line dividing two or more tracts of record, and must clearly distinguish the prior boundary location (shown, for example, by a dashed or broken line or a notation) from the new boundary (shown, for example, by a solid line or notation); (b) The certificate of survey must show the boundaries of the area that is being removed from one tract of record and joined with another tract of record. The certificate of survey may, but is not required to, establish the exterior boundaries of the resulting tracts of record. Unsurveyed portions of the parcels must be labeled, "NOT A PART OF THIS CERTIFICATE OF SURVEY" or "NOT INCLUDED IN THIS CERTIFICATE OF SURVEY". However, the certificate of survey must show portions of the existing unchanged boundaries sufficient to clearly identify both the location and the extent of the boundary relocation; (c) If a boundary line will be completely eliminated, the certificate must establish the boundary of the resulting tract of record; and. (d) The certificate of survey must contain the following notation: "The area that is being removed from one tract of record and joined with another tract of record is not itself a tract of record. Said area must not be available as a reference legal description in any subsequent real property transfer after the initial transfer associated with the [certificate of survey or amended plat] on which said area is described, unless said area is included with or excluded from adjoining tracts of record." (5) If the certificate of survey invokes an exemption from subdivision review under MCA 76-3-207, the certificate of survey must bear, or be accompanied by, a certification by the county treasurer that all taxes and special assessments assessed and levied on the surveyed land have been paid. (6) For purposes of this section, when the parcel of land for which an exemption from subdivision review is claimed is being conveyed under a contract-for-deed, the terms "property owner," "landowner" and "owner" mean the seller of the parcel under the contract-for-deed. (7) Procedures for filing certificates of survey of divisions of land entirely exempted from the requirements of the Act. The divisions of land described in MCA 76-3-201, 76-3-205 and 76-3-209, and divisions of federally owned land made by a United States government agency are not required to be surveyed, nor must a certificate of survey or subdivision plat showing these divisions be filed with the county clerk and recorder. A certificate of survey of one of these divisions may, however, be filed with the county clerk and recorder if the certificate of survey meets the requirements for form and content for certificates of survey contained in this section and bears a certificate of the surveyor performing the survey citing the applicable exemption from the Act or, when applicable, that the land surveyed is owned by the federal government. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 118 December 20, 2017 UDC update 7-28-2017 draft (8) A certificate of survey must not be filed by the county clerk and recorder unless it complies with the uniform standards for certificate of surveys specified in section 24.183.1104, ARM as may be amended or as required by the county clerk and recorder. (9) Certificates of survey that do not represent a division or aggregation of land, such as those depicting the retracement of an existing parcel and those prepared for informational purposes, must contain a statement as to their purpose and must meet applicable requirements of ARM 24.183.1104 for form and content. If the purpose of a certificate of survey is stated as a retracement or partial retracement, and if multiple tracts of record contained within the parcel's perimeter boundary on the certificate of survey are not individually shown, then the certificate of survey does not expunge the tracts of record unless it represents a division or aggregation of land, contains the acknowledged certificate of the property owner(s) citing the applicable exemption in its entirety, and conforms with the Administrative Rules of Montana for certificates of survey exempted from review as subdivisions. b. Amended plats. Unless a division of land is exempt from subdivision review by MCA 76-3-201 or 76-3-207(1)(d) or (e), an amended plat must not be filed by the county clerk and recorder unless it complies with the uniform standards for final subdivision plats specified in section 24.183.1107, ARM as may be amended or as required by the Gallatin county clerk and recorder. A survey document that modifies lots in a platted and filed subdivision and invokes an exemption from subdivision review under MCA 76-3-201 or 76-3-207(1)(d) or (e), must be entitled "amended plat of the (name of subdivision)," but for all other purposes is to be regarded as a certificate of survey and subject to the requirements of this code. Sec. 38.240.360. - Exemption review criteria. (38.05.070) A. The following criteria must be used to ensure that exemptions are not claimed for the purposes of evading this chapter or the Act. Appeals regarding a final decision by the community development department that an exemption is an evasion of the Subdivision and Platting Act may be taken in the manner established for administrative project decision appeals as set forth in section 38.250.030. 1. A division of land is created to provide security for mortgages, liens or trust indentures for the purpose of construction, improvements to the land being divided or refinancing purposes (MCA 76-3-201(1)(b)). a. The proper use of the exemption is to provide security for construction mortgages, liens or trust indentures, when a survey of the parcel has been required. b. The city makes a rebuttable presumption that a division of land that is created to provide security is adopted for the purpose of evading the Act under the following conditions: (1) If the division of land is created for the purpose of conveyance to any entity other than the financial or lending institution to which the mortgage, lien or trust indenture was given or to a purchaser upon foreclosure of the mortgage, lien or trust indenture; or (2) The security is provided for construction or improvements on, or refinancing for, land other than on the exempted parcel. c. When the security for construction financing exemption is to be used, the landowner must submit, in addition to such other documents as may be required, a written statement explaining: (1) How many parcels within the original tract will be created by use of the exemption; (2) Who will have title to the remainder of the original parcel; and BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 119 December 20, 2017 UDC update 7-28-2017 draft (3) A signed and notarized statement from a lending institution that the creation of the exempted parcel is necessary to secure a construction loan for buildings or other improvements on the parcel. d. The written statement and the instruments creating the security must be filed at the same time as the survey with the clerk and recorder. 2. Divisions made outside of platted subdivisions for the purpose of relocating common boundary lines between adjoining properties (MCA 76-3-207(I)(a)). a. The proper use of the exemption for relocating common boundary lines is to establish a new boundary between adjoining parcels of land outside of a platted subdivision, without creating an additional parcel. b. A certificate of survey for the relocation of common boundary lines may include five or fewer parcels and/or lots. c. Certificates of survey showing the relocation of common boundary lines must be accompanied by: (1) An original deed exchanging recorded interest from every person having a recorded interest in adjoining properties for the entire newly described parcel that is acquiring additional land; (2) Documentation showing the need or reason for the relocation (for example: structure encroachment, surveyor error, or enhancement of the configuration of the property); and (3) The certificate of survey must bear the signatures of all landowners whose parcels are changed by the relocation, and show that the exemption was used only to change the location of a boundary line dividing two parcels, and must clearly distinguish the prior boundary location (shown, for example, by a dashed or broken line or a notation) from the new boundary (shown, for example, by a solid line or notation). d. The city makes a rebuttable presumption that a proposed relocation of common boundary lines is adopted for the purpose of evading the Act, if: (1) The community development department determines that the documentation submitted according to this section does not support the stated reason for relocation, or an additional parcel is created. 3. Division made outside of platted subdivisions for the purpose of a single gift or sale in each county to each member of the landowner's immediate family (MCA 76-3-207(I)(b)). a. A member of the immediate family is the spouse of the grantor, or whether by blood or adoption, a son, daughter, mother or father of the grantor. b. The proper use of the exemption as a gift or sale to a member of the immediate family is to convey one parcel of land outside of a platted subdivision to each member of the landowner's immediate family in each county, providing that the use of the exemption creates no more than one additional parcel of less than 160 acres in size. Each exemption under this section will be reviewed by the community development department under this chapter. c. A certificate of survey for a family transfer may include more than one exempt parcel providing if all parcels meet the criteria of this section. d. Certificates of survey showing the creation of new parcels of land pursuant to this exemption as a gift or sale to a member of the immediate family must be accompanied by an original BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 120 December 20, 2017 UDC update 7-28-2017 draft deed transferring interest in the parcel being created, or a statement detailing where the deed is in escrow, how long it will be in escrow and authorization to contact the escrow agent for verification. e. The certificate of survey for an exemption for a family transfer must indicate the name of the grantee, the relationship of the grantee to the landowner and the parcel to be conveyed to the grantee. f. The city makes a rebuttable presumption that a family transfer is adopted for the purpose of evading this chapter and the Act if it is determined that one or more of the following conditions exist: (1) The exemption would create more than one additional parcel of less than 160 acres. (2) The member of the landowner's immediate family would have received more than one exempted parcel in the county. 4. Division made outside of platted subdivisions by gift, sale or an agreement to buy and sell in which the parties to the transaction enter a covenant running with the land and revocable only by mutual consent of the city and the property owner that the divided land will be used exclusively for agricultural purposes (MCA 76-3-207(I)(c)). a. An agricultural exemption is a division of land made outside of a platted subdivision by gift, sale or agreement to buy and sell in which the parties to the transaction enter a covenant running with the land, revocable only by mutual consent of the city and the transferee/property owner, that the divided land will be used exclusively for agricultural purposes. No building or structure requiring water or sewer facilities must be utilized on such a parcel. (1) A change in use of the land for anything other than agricultural purposes subjects the division to this chapter and review under parts 5 and 6 of the Act. 5. For lots within a platted subdivision, relocation of common boundaries and the aggregation of lots (MCA 76-3-207(I)(d)). a. The proper use of the exemption for aggregation of lots and/or relocation of common boundaries is the rearrangement and/or aggregation of lots within a platted subdivision which does not increase the total number of lots within the subdivision. The plat must contain the title "amended plat" and must be filed with the county clerk and recorder. b. The amended plat showing the aggregation of lots and/or relocation of common boundary within a platted subdivision must be accompanied by: (1) An original deed exchanging recorded interest from every person having a recorded interest in adjoining properties for the entire newly-described parcel(s) that is acquiring additional land; (2) Documentation showing the need or reason for the relocation (for example: structure encroachment, surveyor error, or enhancement of the configuration of the property); and (3) The amended plat must bear the signatures of all landowners whose parcels are changed by the relocation or aggregation. The amended plat must show that the exemption was used only to change the location of boundary lines or aggregate lots, and must clearly distinguish the prior boundary location (shown, for example, by a dashed or broken line or a notation) from the new boundary (shown, for example, by a solid line or notation). BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 121 December 20, 2017 UDC update 7-28-2017 draft c. The city makes a rebuttable presumption that a proposed aggregation of lots and/or relocation of common boundaries within a platted subdivision is adopted for the purpose of evading the Act if it determines that the relocation crosses the boundary of a public or private street right-of-way or the external boundary of the subdivision. d. Any division of lots which results in an increase in the number of lots must be reviewed as a subdivision and approved by the City of Bozemancity prior to the filing of the final plat. 6. Divisions made for the purpose of relocating a common boundary line between a single lot within a platted subdivision and adjoining land outside a platted subdivision (MCA 76-3- 207(I)(d)). a. The proper use of the exemption for relocating common boundary lines is to establish a new common boundary line between a single lot within a platted subdivision and adjoining land outside a platted subdivision. A restriction or requirement on the original platted lot or original unplatted parcel continues to apply to those areas. b. A certificate of survey for the relocation of common boundary lines may include five or fewer parcels and/or lots. c. Certificates of survey showing the relocation of common boundary lines must be accompanied by: (1) A original deed exchanging recorded interest from every person having a recorded interest in adjoining properties for the entire newly-described parcel that is acquiring additional land; (2) Documentation showing the need or reason for the relocation (for example: structure encroachment, surveyor error, or enhancement of the configuration of the property); and (3) The certificate of survey must bear the signatures of all landowners whose parcels are changed by the relocation, and show that the exemption was used only to change the location of a boundary line dividing two parcels, and must clearly distinguish the prior boundary location (shown, for example, by a dashed or broken line or a notation) from the new boundary (shown, for example, by a solid line or notation). d. The city makes a rebuttable presumption that a proposed relocation of common boundary lines is adopted for the purpose of evading the Act, if: (1) The community development department determines that the documentation submitted according to this section does not support the stated reason for relocation, or an additional parcel is created. 7. For lots within a platted subdivision, divisions made for the purpose of creating lots subject to zoning regulations as cottage development and not recorded as condominiums. (MCA 76-3- 203). a. The proper use of the exemption is to create lots for cottage development in compliance with 38.360.110. A restriction or requirement on the original platted lot continues to apply to those areas. b. An amended plat of the original subdivision showing the new dependent lots must be filed and must comply with the uniform standards for final subdivision plats specified in 24.183.1107, ARM and as updated. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 122 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.240.370. - Procedures for filing certificates of survey of divisions of land entirely exempted from the requirements of the act. (38.05.080) A certificate of survey of a division of land entirely exempted from the requirements of this chapter and the Act may be filed with the county clerk and recorder if it meets the requirements for form and content for certificates of survey contained in this section and bears a certificate of the surveyor performing the survey stating the applicable exemption from the Act. Sec. 38.240.380. - Correction of errors. (38.05.090) Correction of errors may be made by the submission of a corrected certificate of survey for the city's approval. FOOTNOTE(S): --- (5) --- State Law reference— Certificate of survey, MCA 76-3-404. Part 5: Subdivision Certificates Sec. 38.240.400. – General. (38.06.010) The certificates listed in sections 38.240.270 through 38.240.360, must be shown on plats and certificates of survey, as appropriate. Other certificates than those shown may be required by the city when deemed appropriate. The proper notary block must be used. Sec. 38.240.410. - Dedication or consent. (38.06.020) A. All plats of subdivisions must contain a certificate of dedication or certificate of consent. In the case of corporate ownership, the proper corporation officer must sign, a corporate notary form must be used, and the corporate seal must be affixed. The certificate must read as follows: 1. Certificate of dedication. CERTIFICATE OF DEDICATION (I), (We), the undersigned property owner(s), do hereby certify that (I) (We) have caused to be surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, as shown by the plat hereunto included the following described tract of land to wit: Description (Exterior Boundary Description of Area Contained in Plat and Total Acreage) The above-described tract of land is to be known and designated as (name of subdivision), City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, roads, highways, and parks, playgrounds, or public lands or other public improvements shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, avenues, alleys, roads, highways, and parks or public lands or other public improvements dedicated to the public are accepted for public use, but the city accepts no responsibility for maintaining the same. The owner(s) agree(s) that the city has no obligation to maintain the lands included in all streets, avenues, alleys, roads, highways, and parks, or public lands or other public improvements, hereby dedicated to public use. The lands included in all streets, avenues, alleys, roads, highways, and parks, or public lands or other public improvements dedicated to the public for which the city accepts responsibility for maintenance include (list specific streets, avenues, alleys, roads highways, and parks or other public lands or other public improvements). BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 123 December 20, 2017 UDC update 7-28-2017 draft The undersigned hereby grants unto each and every person firm or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as "Utility Easement" to have and to hold forever. DATED this ____________ day of ____________, ____________. (Acknowledged and notarized signatures of all record owners of platted property) 2. Certificate of consent. CERTIFICATE OF CONSENT ;b0;(I), (We), the undersigned property owner(s), do hereby certify that (I), (We) caused to be surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, as shown by this plat hereunto included, the following described tract of land, to wit: Description (Exterior Boundary Description of Area Contained in Plat and Total Acreage) The above described tract of land is to be known and designated as (name of subdivision), City of Bozeman, Gallatin County, Montana. The undersigned hereby grants unto each and every person, firm of corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as "Utility Easement" to have and to hold forever. DATED this ____________ day of ____________, ____________. (Acknowledged and notarized signatures of all record owners of platted property) Sec. 38.240.420. - Mortgagee. (38.06.030) In those cases where the area being platted or the plat of subdivision is subject to any liens, mortgages, claims, or other encumbrances by parties or other owners, the following certificate must beis required: CONSENT OF MORTGAGEE(S) (I), (We), the undersigned mortgagee(s) or encumbrancer(s), do hereby join in and consent to the described plat, (I) (We) release (my) (our) respective liens, claims or encumbrances as to any portion of said lands now being platted into streets, avenues, parks or other public areas which are dedicated to the City of Bozeman for the public use and enjoyment. DATED this ____________ day of ____________, ____________. (Acknowledged and notarized signature of all encumbrances of record) Sec. 38.240.430. - Parkland. (38.06.040) A. Cash-in-lieu of parkland. Where there will be a cash donation in-lieu of parkland dedication, plats of subdivision must show the following certificate: CERTIFICATE ACCEPTING CASH DONATION IN-LIEU OF LAND DEDICATION Finding dedication of parkland within the platted area of (Subdivision Name) would be undesirable for park and playground purposes, it is hereby ordered by the city commission of the City of Bozeman, that land dedication for park purposes be waived and that cash-in-lieu, in the amount of ____________ dollars, be accepted in BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 124 December 20, 2017 UDC update 7-28-2017 draft accordance with the provisions of the Montana, Subdivision and Platting Act (MCA 76-3-101 through 76-3-625) and the Bozeman Municipal Code. DATED this ____________ day of ____________, ____________. (Signature) _____ City of Bozeman Director of Parks and Recreation B. Off-site parkland dedication. Where parkland will be provided off-site, in accordance with section 38.420.100.A.4 or 5, plats of subdivision must show the following certificate: CERTIFICATE ACCEPTING OFF-SITE PARKLAND DEDICATION In as much asFinding an alternative to dedication of parkland, for park and playground purposes within the platted area of (Subdivision Name), would be is desirable, it is hereby ordered by the city commission of the City of Bozeman that land dedication for park purpose be provided off-site with land outside of the platted area of (Subdivision Name) in accordance with the provisions of the Montana Subdivision and Platting Act (MCA 76-3-101 through 76-3-625), and the Bozeman Municipal Code. The off-site parkland dedication will be provided with the following described tract(s) of land or easement(s) to wit: Description (Exterior Boundary Description of Area Contained in Plat/Easement and Total Acreage) DATED this ____________ day of ____________, ____________. _____ City of Bozeman Director of Parks and Recreation C. Parkland dedication to School District 7. Where parkland will be provided in accordance with section 38.420.100.A.6, plats of subdivision must show the following certificate: CERTIFICATE ACCEPTING PARKLAND DEDICATION TO SCHOOL DISTRICT 7 In as much as an alternative to dedication of parkland, for park and playground purposes within the platted area of (Subdivision Name), would be desirable, it is hereby ordered by the city commission of the City of Bozeman that required land dedication for park purposes be met with land dedicated to School District 7 in accordance with the provisions of the Montana Subdivision and Platting Act (MCA 76-3-101 et seq.), and the Bozeman Municipal Code. If School District 7 chooses to no longer use the land for school buildings and facilities, the ownership of the land must revert to the City of Bozeman for park purposes and School District 7 must transfer the land to the city with clear title and in a condition meeting the minimum development standards for parks established in section 38.420.080. The land dedication will be provided with the following described tract(s) of land, to wit: Description (Exterior Boundary Description of Area Contained in Plat and Total Acreage) DATED this ____________ day of ____________, ____________. (Signature) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 125 December 20, 2017 UDC update 7-28-2017 draft _____ City of Bozeman Director of Parks and Recreation (Signature) _____ Chairman, School District 7 Board of Trustees Sec. 38.240.440. - Surveyor. (38.06.050) All subdivision plats or certificates of survey must contain a certificate of surveyor which must read as follows: CERTIFICATE OF SURVEYOR I, the undersigned, (Type or Print Name), Registered Land Surveyor, do hereby certify that between ____________/____________/____________, ____________, and ____________/____________/____________, ____________, I surveyed (Name of Subdivision or Certificate of Survey), and drew the same as shown on the accompanying plat (or certificate of survey) and as described in accordance with the provisions of the Montana Subdivision and Platting Act (MCA 76-3-101 through 76-3-625), and the Bozeman Municipal Code. DATED this ____________ day of ____________, ____________. (Signature) (Printed or Typed Name) Registration No. (Seal of Surveyor) Sec. 38.240.450. - Improvements. (38.06.060) A. Where improvements are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of public improvements. The certificate must list all completed and accepted improvements, and must read as follows: CERTIFICATE OF COMPLETION OF IMPROVEMENTS I, (Name of Subdivider), and I, (Name of Subdivider's Registered Engineer), a registered professional engineer licensed to practice in the state of Montana, hereby certify that the following improvements, required to meet the requirements of chapter 38 of the Bozeman Municipal Code or as a condition(s) of approval of (Name of Subdivision), have been installed in conformance with the approved plans and specifications, or financially guaranteed and covered by the improvements agreement accompanying this plat. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 126 December 20, 2017 UDC update 7-28-2017 draft Installed Improvements: (List improvements in accordance with section 38.240.310.A). Financially Guaranteed Improvements: (List improvements in accordance with section 38.240.310.B). The subdivider hereby warrants said improvements against any and all defects for a period of two years from the date of acceptance by the City of Bozeman. The subdivider grants possession of all public infrastructure improvements to the City of Bozeman and the city hereby accepts ownership of all public infrastructure improvements, subject to the above indicated warranty. Signature of Subdivider (Date) ____________ Signature, Number, and Seal of Engineer (Date) ____________ Signature, Director of Public Works (Date) ____________ B. If all required subdivision improvements will not be installed prior to final plat approval, and the final plat will be recorded subject to an improvements agreement and financial guarantee, this certificate must be modified to also list all improvements not completed. Sec. 38.240.460. - Governing body. (38.06.070) The city commission or their designated agent must certify approval of the plat of subdivision. Said certificate must read as follows: CERTIFICATE OF DIRECTOR OF PUBLIC WORKS I, Director of Public Works, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law, approves it, and hereby accepts the dedication to the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated to such use. DATED this ____________ day of ____________, ____________. (Signature), Director of Public Works Sec. 38.240.470. - Exclusion from MDEQ review. (38.06.080) The following certificate must be added to all subdivision plats to certify that adequate stormwater drainage and adequate municipal facilities will be provided. CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW The (Name of Subdivision), Gallatin County, Montana, is within the City of Bozeman, Montana, a first-class municipality, and within the planning area of the Bozeman growth policy which was adopted pursuant to MCA 76- 1-601 et seq., and can be provided with adequate stormwater drainage and adequate municipal facilities. Therefore, under the provisions of MCA 76-4-125(2)(d), this subdivision is excluded from the requirement for Montana Department of Environmental Quality review. DATED this ____________ day of ____________, ____________. (Signature), Director of Public Works BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 127 December 20, 2017 UDC update 7-28-2017 draft City of Bozeman, Montana Sec. 38.240.480. - County treasurer. (38.06.090) All final subdivision plats, and certificates of survey unless prepared for a subdivision exemption to provide security for construction mortgages, liens or trust indentures, must show the following certificate of county treasurer: CERTIFICATE OF COUNTY TREASURER I, (Name of County Treasurer), Treasurer of Gallatin County, Montana, do hereby certify that the accompanying plat (or certificate of survey) has been duly examined and that all real property taxes and special assessments assessed and levied on the land to be subdivided are paid. DATED this ____________ day of ____________, ____________. (Signature), Treasurer of Gallatin County Sec. 38.240.490. - Clerk and recorder. (38.06.100) All plats or certificates of survey must show the following certificate of clerk and recorder: CERTIFICATE OF CLERK AND RECORDER I, (Name of Clerk and Recorder), Clerk and Recorder of Gallatin County, Montana, do hereby certify that the foregoing instrument was filed in my office at ____________ o'clock, (a.m. or p.m.), this ____________ day of ____________/____________/____________, ____________, and recorded in Book ____________ of Plats on Page ____________, Records of the Clerk and Recorder, Gallatin County, Montana. (Signature), Clerk and Recorder Sec. 38.240.500. - Certification of use of exemption claim. (38.06.110) A. The following certificates must be provided in a printed certificate on the amended plat or certificate of survey for allowed exemptions: 1. Certificate of governing body. CERTIFICATE OF GOVERNING BODY I, (Director of Community Development), do hereby certify that the accompanying (Certificate of Survey or Amended Plat) has been duly reviewed, and has been found to conform to the requirements of the Subdivision and Platting Act (MCA 76-3-101 et seq.), and the Bozeman Municipal Code. DATED this ____________ day of ____________, ____________. (Signature), Director of Community Development 2. Certificate of exemption. Reference to exclude the survey from state department of environmental quality review can also be added to this certificate, as appropriate. CERTIFICATE OF EXEMPTION (I), (We) certify that the purpose of this survey is to (state exemption), and therefore this survey is exempt from review as a subdivision pursuant to MCA 76-3-207(1) (add appropriate subsection). DATED this ____________ day of ____________, ____________. (Acknowledged and notarized signatures of all record owners of surveyed property) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 128 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.240.510. - Conditions of approval notifications and certifications. (New per Amendment 2f) The following certificate must be required on the Conditions of Approval sheet: NOTIFICATIONS AND CERTIFICATIONS (I), (We), the undersigned property owner(s), do hereby certify that the text and/or graphics shown on the Conditions of Approval sheet(s) represent(s) requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied. (I), (We), the undersigned property owner(s), do hereby certify that the information shown is current as of the date of this certification, and that changes to any land-use restrictions or encumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local regulations. (I), (We), the undersigned property owner(s), do hereby certify that (I) (We) acknowledge that federal, state, and local plans, policies, regulations, and/or conditions of subdivision approval may limit the use of the property, including the location, size, and use as shown on the Conditions of Approval sheet or as otherwise stated. Buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat. Buyers of property are strongly encouraged to contact the local planning department and become informed of any limitations on the use of the property prior to closing. DATED this ____________ day of ____________, ____________. (Acknowledged and notarized signatures of all record owners of platted property) Sec. 38.240.520. – Certificate of completion of non-public improvements. (New per Amendment 2f) Where non-public improvements are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of non-public improvements. The certificate must list all completed and accepted improvements, and must read as follows: CERTIFICATE OF COMPLETION OF NON-PUBLIC IMPROVEMENTS I, (Name of Subdivider), hereby certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code or as a condition(s) of approval of (Name of Subdivision), have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: (LIST ITEMS EXCLUDING THOSE LISTED BELOW). Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE). I, (Name of Subdivider) hereby warrant said improvements against any and all defects for a period of two years from the date of acceptance by (Name of Property Owners’ Association). Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. The subdivider hereby grants ownership of all non-public infrastructure improvements to the (Name of Property Owners’ Association) created by Document Number ______________________(To be filled in when recorded) By: (Signature of Subdivider) Date: _____________________________ BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 129 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.240.530. – Certificate of completion of water-related improvements. (New per Amendment 2f) A. When irrigation of public facilities are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of water-related improvements. The certificate must list all completed and accepted improvements, including but not limited to all irrigation system record drawings, and must read as follows: CERTIFICATE OF COMPLETION OF WATER-RELATED IMPROVEMENTS I, (Name of Subdivider), hereby certify that the following improvements, necessary to meet the requirements of chapter 38 of the Bozeman Municipal Code or as a condition(s) of approval of (Name of Subdivision), have been installed in conformance with the approved plans and specifications, or financially guaranteed and covered by the improvements agreement accompanying this plat. Installed Improvements: (List improvements). Financially Guaranteed Improvements: (List improvements). The subdivider hereby warrants said improvements against any and all defects for a period of two years from the date of acceptance by the City of Bozeman. The subdivider hereby grants ownership of all public infrastructure improvements to the City of Bozeman and the city hereby accepts ownership of all public infrastructure improvements, subject to the above indicated warranty. Signature of Subdivider (Date) ____________ Signature, Director of Public Works (Date) ____________ BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 130 December 20, 2017 UDC update 7-28-2017 draft 38.250 Appeals, deviations, departures & variance procedures (current Article 35) Sec. 38.250.010. - Purpose. (38.35.010) A. This division 38.250 is adopted: 1. To establish procedures for granting relief from the requirements of this chapter subject to the standards of this division 38.250 in order to preserve equitable implementation of the law, prevent special treatment to particular parties and preserve the various rights established by the state and United States constitutions of all persons subject to this chapter; 2. To allow for appeals from decisions made by administrative staff approving, approving with conditions or denying applications for development approval; 23. To provide through appeals of administrative interpretations a procedure for consideration of and resolution of disputes regarding the meaning and implementation of this chapter; 34. To provide through deviations a procedure for flexibility, as a means to support creativity and excellence of design, in the application of the standards of this chapter in overlay districts and planned unit developments as provided for in this chapter; 45. To provide through departures a procedure for applicants to propose alternative design treatments provided such departures meet the “purpose” of the particular standard and any additional departure criteria set forth; 56. To provide through zoning variances a procedure for relief from the occasional inequities created by the physical standards of this chapter relating to zoning when such standards create a substantially unequal burden on a particular parcel of land in a fashion that would otherwise prevent the reasonable use of property, owing to physical circumstances unique to that parcel; 67. To prohibit the granting of variances that would be contrary to the public interest and endanger public health, safety and welfare; 78. To provide through subdivision variances a procedure for relief from standards relating to platting requirements or improvements within public rights-of-way when such standards would result in undue hardship and are not essential to the public health, safety and general welfare; and 78. To allow for appeals from decisions made by administrative staff approving, approving with conditions or denying applications for development approval; and 89. To provide a procedure to request reasonable accommodation for individuals and groups seeking equal access to housing under applicable non-discrimination laws in the application of the standards of this chapter. B. The community development director must hear and decide requests for reasonable accommodation as follows: 1. Authorize in specific cases such requests for reasonable accommodation from the terms of this chapter as will advance the intent and purpose of this chapter and applicable nondiscrimination laws and meet the standards for the granting of reasonable accommodation. C. The board of adjustment must hear and decide variances and deviations as follows: 1. Authorize in specific cases such deviations from the terms of this chapter relating to zoning as will advance the intent and purposes of this chapter and meet the standards established for the granting of deviations; 2. Authorize in specific cases such zoning variances from the physical standards of this chapter, exclusive of those items included as subdivision variances, that will not be contrary to the public BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 131 December 20, 2017 UDC update 7-28-2017 draft interest, where owing to special conditions a literal enforcement of the provisions will result in unnecessary hardship, and so that the spirit of this chapter must will be observed and substantial justice done. D. The city commission must hear and decide appeals of administrative decisions, variances and deviations, and requests for reasonable accommodation as followsand must: 1. When reclaimed per section 38.200.010C., a. Authorize in specific cases such deviations from the terms of this chapter relating to zoning as will advance the intent and purposes of this chapter and meet the standards established for the granting of deviations; and b. Authorize in specific cases such zoning variances from the physical standards of this chapter, exclusive of those items included as subdivision variances, that will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions will result in unnecessary hardship, and so that the spirit of this chapter must be observed and substantial justice done; and c. Authorize in specific cases such requests for reasonable accommodation from the terms of this chapter as will advance the intent and purposes of this chapter and applicable nondiscrimination laws and meet the standards established for the granting of reasonable accommodation. 2. Hear and decide Authorize in specific cases such subdivision variances from the platting requirements and standards for improvements within public rights-of-way required by this chapter where it is found that strict compliance would result in undue hardship and is not essential to the public health, safety and general welfare. 3. Consider Hear and decide appeals from decisions of the community development director regarding subdivision exemptions. 4. Consider Hear and decide approve or deny deviations to standards of the title when proposed through a planned unit development. 5. Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter or of any standards adopted pursuant thereto. An aggrieved person may appeal the final decision of the community development director in the manner provided in this division 38.250. Sec. 38.250.020. - Hearing and notice requirements. (38.35.020) A. There must be an opportunity for public comment to the review authority for any appeal of administrative decisions and interpretations and for each application for any variance or deviation. When a public hearing is required, the hearing must be held at an appointed time and place. Comment must be taken by the review authority from persons interested in the application and from the staff. B. The community development director must give public notice as required by division 38.220 of this chapter of all public hearings or public comment periods. Sec. 38.250.030. - Administrative project decision appeals. (38.35.030) A. An aggrieved person may appeal the final decision of the administrative review authority in the manner provided in this section. Any appeal of a final administrative decision to approve, approve with conditions or deny an application must be an appeal on the basis of the information available to the administrative review authority including this chapter, all submitted application materials, review and recommendations by administrative staff or advisory bodies, public comment and such other BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 132 December 20, 2017 UDC update 7-28-2017 draft materials as were available. Denial of requests for waiver or alteration of applicable regulations is not a decision subject to appeal of an administrative decision. This section must also apply applies to decisions by the administrative review authority regarding evasion of the Subdivision and Platting Act per 38.240.360. B. Failure to raise an issue during the provided public comment opportunity, in person or in writing, or the failure to provide statements or evidence sufficient to afford the administrative review authority an opportunity to respond to an issue, precludes an appeal based on that issue, unless the issue could not have been reasonably known by any party during the time of the public comment opportunity. C. Appeal procedures. Appeals from administrative review authority to the appellate review authority or the courts are set forth in the various sections of this division 38.250. Appeals are permitted under the provisions of this section in the manner set forth herein. 1. These appeal procedures must apply to a decisions by an administrative review authority in their actions to administer this chapter. 2. Appeals must be from the administrative review authority to the appellate review authority according to section 38.250.010. D. Filing of appeal. An appeal must be taken by filing with the department of community development city clerk by 5:00 p.m. on the tenth working day following the final decision of the administrative review authority a documented appeal and appeal fee. Upon receipt of the completed appeal the department of community development city clerk must inform the administrative review authority from whom the appeal is being made of the submission of the appeal. E. Appeal contents. In all cases, the complete appeal application must include, and must not be deemed filed until, all of the materials required by section 38.220.140 is are submitted. F. Notice of appeal. Once a complete appeal has been filed and date for consideration of the appeal is set per subsection G below, notice of the appeal must be provided in the same manner as was required for notice of the initial application. The date, time and location for the consideration of the appeal before the appellate review authority must be included in the required notice of the appeal. G. Scheduling. Upon receipt of a complete appeal application the city clerk must place the appeal on the regularly scheduled appellate review authority agenda. The appeal must be scheduled for consideration not later than 45 working days of the receipt of a complete appeal. H. Material. The material to be considered by the review authority must be the record of the project review, including the administrative review authority's decision, in addition to materials that may be submitted during the processing and review of the appeal. I. Procedure of the appeal. At the consideration of the appeal, the following procedure must be followed: 1. Only arguments and evidence relevant to the application must may be presented. The presentation must be made in the following order, subject to such limitations, in time and scope as may be imposed at the discretion of the presiding officer: a. Explanation of the application and nature of the appeal and presentation by administrative staff; b. Presentation of position by the appellant and/or representative; c. If requested, presentation by landowner if landowner is different than the appellant; d. Presentation by any person who is a proponent or an opponent of the application; and BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 133 December 20, 2017 UDC update 7-28-2017 draft e. Motion, discussion and vote by the review authority. 2. No person making a presentation must may be subject to cross-examination except that members of the appellate review authority and the city attorney may inquire of such person for the purpose of eliciting information and for the purpose of clarifying information presented. J. Alternative actions available to the appellate body. At the conclusion of the consideration of the appeal, the review authority may uphold, amend, or overturn the administrative project decision. K. Construction hold. During the time of the appeal all construction must cease and must may not commence unless notified in writing to do so by the by the appellate review authority. Sec. 38.250.040. - Administrative interpretation appeals. (38.35.040) A. A request for appeal of an interpretation of this chapter, including classifications of use per division 38.300 of this chapter, must be made by filing an application, with appropriate fees, with the department of community development city clerk within 20 working days of the interpretation decision. After receiving a completed application the city clerk must schedule consideration of the appeal at a regularly scheduled meeting of the review authority. In all cases, the complete application must include, and must will not be deemed filed until, all of the materials required by section 38.220.150 are submitted. B. The appellate review authority must cause to be made such investigation of facts bearing on the application as will provide necessary information to ensure that the action on each such application is consistent with the intent and purpose of this chapter. During the time of the appeal all construction must cease and must may not commence unless notified in writing to do so by the by the appellate review authority. C. When interpreting the meaning of this chapter, sections of the chapter must be construed in a manner that will give effect to them all as the chapter derives its meaning from the entire body of text taken together. Sec. 38.250.050. - Deviations. (38.35.050) All requests for deviations in the neighborhood conservation overlay district, entryway overlay districts or through the PUD process must be heard by the review authority established in 38.200.010. Deviations may only be applied for in conjunction with submittal of a development proposal of a type authorized by divisions 38.230 and 430 of this chapter. Standards and criteria for award of deviations are contained in divisions 38.340 and 430 of this chapter. The granting of a deviation is an exercise of administrative power that can effect no change in the chapter. A deviation may be granted only in a specific instance permitting a nonconformity in order to accomplish the specific objectives of sections 38.340.070, 38.340.170, and 38.430.030.D., and provided the standards and criteria imposed are met. Deviations must not be granted for relief from procedural requirements, or to waive or vary the application of an ordinance provision imposing specific safety requirements, or to waive or vary the application of other ordinances or statutes. Sec. 38.250.060. - Departures. (NEW) A. Overview and purpose. This chapter provides for a number of specific departure opportunities to development standards. The purpose is to provide applicants with the option of proposing alternative design treatments provided such departures meet the “purpose” of the particular standard and any additional departure criteria set forth for the particular departure opportunity. B. Departures are voluntary. This provision allows the flexibility for applicants to propose alternative designs on a voluntary basis, provided they meet the purpose of the standard and applicable departure criteria as noted above. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 134 December 20, 2017 UDC update 7-28-2017 draft C. Applicability. Departure opportunities are available only to those specific standards that allow for departures. D. Procedures. Permit applications that include departure requests go through the standard review procedures set forth in article 2 depending on the application type. E. Approval Ccriteria. Project applicants must successfully demonstrate to the review authority how the proposed departure meets the purpose(s) of the standard and other applicable departure criteria that applies to the specific standard. F. Documentation. The review authority must document the reasons for approving all departures (to be maintained with project application records) for the purpose of providing consistency in decision- making by the city. Sec. 38.250.070. - Zoning variances. (38.35.060) A. Application. A request for one or more variance must be made by filing an application, with appropriate fees, with the community development department at least 30 calendar days prior to the review authority's consideration of the application and must be accompanied by the materials described in section 38.220.160. B. Investigation of facts. The review authority must cause to be made such investigation of facts bearing on the application as will provide necessary information to ensure that the action on each such application is consistent with the intent and purpose of this chapter. C. Criteria for consideration and decision. In acting on an application for a variance, the review authority must designate such lawful conditions as will secure substantial protection for the public health, safety and general welfare, and must issue written decisions setting forth factual evidence that the variance meets the standards of MCA 76-2-323 in that the variance: 1. Will not be contrary to and will serve the public interest; 2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this chapter: a. Hardship does not include difficulties arising from actions, or difficulties 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 on previously lawful lots, and governmental actions outside of the owners control; 3. Will observe the spirit of this chapter, including the adopted growth policy, and do substantial justice; 4. In addition to the criteria specified above, in the case of a variance relating to the flood hazard provisions of article 6 of this chapter: a. Variances must may not be issued for areas within a floodway if any additional increase in flood elevations or velocities after allowable encroachments into the floodway fringe would result; b. Variances must may 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 extraordinary public expense, create nuisances, cause fraud, victimize the public, or conflict with existing state and local laws; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 135 December 20, 2017 UDC update 7-28-2017 draft (2) A determination that the proposed use would be adequately floodproofed as specified in article 6 of this chapter; (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 state department of natural resources and conservation, upon request from the city, prior to formally approving any permit application that is in variance to these regulations. D. Authorization and limitations on approval. 1. The review authority may, after public notice, opportunity for public comment, and consideration of the application, deny, approve or conditionally approve all requests for variances meeting all the criteria of this section, including: a. Requests to modify dimensional or other numerical requirements of this chapter; b. Requests for multiple variances; c. Requests to modify flood hazard district requirements subject to the provisions of article 6 of this chapter, except that no variance must may be granted to allow construction of buildings within the floodway of a 100-year frequency flood as defined in title 76, chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.); and d. Requests for variances in conjunction with conditional use permits. Approvals of all such variances must be conditioned upon review authority approval of the conditional use permit. 2. The scope and extent of the variance must be limited to the minimum relief necessary to provide reasonable use of the property. 3. In no case may the review authority grant variances to allow uses not already permitted pursuant to this chapter or alter administrative requirements of this chapter. Permission to change uses allowed on a parcel may be sought through a zone map amendment, or an amendment to the text of the applicable zoning district, or through a planned unit development subject to division 38.430. 4. Notifications of approval for variances related to flood hazard requirements of article 6 of this chapter must notify the applicant that: a. The issuance of a variance to construct a building below the 100-year floodplain 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 decisions; variances void when. The decision of the review authority must beis final except as provided in section 38.250.0980. If a building permit or land use permit is not obtained for the subject property within six months from the date of the review authority's decision, the variance must will be automatically canceled and become null and void. F. Variances. Variances are subject to MCA 76-2-321 through 76-2-328. Sec. 38.250.080. - Subdivision variances. (38.35.070) A. Procedure. The subdivider must provide during the pre-application process, and include with the submission of the preliminary plat, a written statement describing the requested variance and the facts of hardship upon which the request is based. The relevant advisory bodies must include their BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 136 December 20, 2017 UDC update 7-28-2017 draft findings and conclusion regarding the requested variance in its recommendation. The city must then consider each variance at the public hearing on the preliminary plat. A public hearing may not be held on a variance in association with a first minor subdivision. B. Review criteria. Per MCA 76-3-506, a variance to this chapter must be based on specific variance criteria, and may not have the effect of nullifying the intent and purpose of this chapter. The city must 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. Because 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 chapter 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 chapter or with the city's growth policy. C. Variances from floodway provisions not authorized. The review authority 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 76, chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.). Any variances related to floodways must meet the standards of 38.35.060.C.4.a. D. Conditions. In granting subdivision variances, the review authority may require such conditions as will, in its judgment, secure the objectives of this chapter. Any approval under this section must be subject to the terms of the conditions designated in connection therein. Any conditions required must be related both in purpose and scope with the relief sought through the variance. E. Statement of facts. When any variance from this chapter is granted, the motion of approval must 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 chapter are proposed to be modified through a planned unit development, the applicable process must beis a deviation rather than a variance. G. Limitations on approvals. For subdivision variances, the variance approval must will be null and void if the final plat is not filed within the time allowed for final approval by the city's decision. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 137 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.250.090. - Appeals from city commission or board of adjustment actions. (38.35.080) Appeals may be made as authorized by State law. A. Zoning variances. Any person or persons, jointly or severally, aggrieved by any decision of the BOA or city commission under this division 38.250, 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 timeframe established by state law. B. Zoning decisions. An aggrieved person may appeal the approval, approval with conditions or denial of a development application acted upon by the BOA or city commission by presenting 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 timeframe established by state law. C. Subdivision appeals. A party identified in subsection C.1 of this section who is aggrieved by a decision of the city commission to approve, conditionally approve or disapprove a proposed preliminary plat or final subdivision plat, including variances, may, within 30 days after the decision, appeal to the Eighteenth Judicial District Court, Gallatin County, State of Montana. The petition must specify the 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 material injury to the landowner's property or its value; and c. The county commission. 2. If the aggrieved person is the subdivider, they may bring an action in district court to sue the city to recover actual damages caused by a final action, decision, or order of the city commission or a regulation adopted pursuant to this division 38.250 that is arbitrary or capricious. Sec. 38.250.100. - Reasonable accommodation. (38.35.090) A. Applicability. 1. A request for reasonable accommodation may be made by the following: a. Any disabled person, their representative, or any entity, when the application of a requirement of this chapter acts as a barrier to fair housing opportunities based on their physical or mental disability or handicap as defined under the applicable non-discrimination laws. b. Any person, their representative, or any entity, when the application of a requirement of this chapter acts as a barrier to fair housing opportunities based on race, color, religion, sex, creed, familial status, marital status, age, or national origin, as defined under the applicable BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 138 December 20, 2017 UDC update 7-28-2017 draft non-discrimination Laws, or because of actual or perceived sexual orientation or gender identity. 2. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide equal opportunity to housing of their choice. 3. A reasonable accommodation is granted to the applicant that needs the accommodation and does not apply to successors in interest to the site. 4. A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance. B. Procedure. 1. Application. A request for reasonable accommodation must be submitted on an application form provided by the community development department or in the form of a letter to the community development director, and must contain the following information: a. The applicant's name, address, and telephone number; b. Address of the property for which the request is being made; c. Authorization from the owner of the subject property for the applicant to request the reasonable accommodation; d. The current actual use of the property; e. The basis for the claim as follows: (1) that the individual or group of individuals is considered physically or mentally disabled or handicapped under the applicable non-discrimination laws, including identification and description of the disability or handicap which is the basis for the request for accommodation and current, written medical certification and description of disability or handicap and its effects on the person's medical, physical or mental limitations; or (2) that the individual or group of individuals is a protected class based on race, color, religion, sex, creed, familial status, marital status, age, or national origin, as defined under the applicable non-discrimination laws, including identification and description of the protected class which is the basis of the request for accommodation. f. The code provision, regulation, procedure and/or policy from which reasonable accommodation is being requested; g. The type and extent of reasonable accommodation sought; h. The reason(s) why the accommodation is reasonable and necessary for the needs of the individual(s), including a summary of any potential alternatives contained in this chapter considered in requesting the accommodation and why other alternatives contained in this chapter are not feasible; i. Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation; and j. Other supportive information deemed necessary by the department to facilitate proper consideration of the request, consistent with applicable non-discrimination laws. 2. Review with other land use applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 139 December 20, 2017 UDC update 7-28-2017 draft conditional use permit, etc.), then the applicant must file the information required by subsection 1 of this section for concurrent review of the request for reasonable accommodation with the application for discretionary approval. 3. Review authority. a. Community development director. A request for reasonable accommodation must be reviewed by the community development director if no approval is sought other than the request for reasonable accommodation. No fee must may be charged for the review of such a request for reasonable accommodation. b. Other review authority. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application must be reviewed by the authority responsible for the discretionary land use application. No fee in addition to that charged for the other discretionary land use application must may be charged for the review of such a request for reasonable accommodation. 4. Review. a. Community development director. The director must make a written determination within 20 calendar days of the application being deemed complete and either grant, grant with conditions, or deny a request for reasonable accommodation. If necessary to reach a determination on the request for reasonable accommodation, the director may request further information from the applicant consistent with applicable non-discrimination laws, specifying in detail the information that is required. In the event that a request for additional information is made, the 20-day period to issue a decision must be stayed until the applicant responds to the request. b. Other review authority. The written determination on whether to grant or deny the request for reasonable accommodation must be made by the authority responsible for the discretionary land use application in compliance with the applicable review procedure for the discretionary review. 5. Notice. a. Community development director. No advance notice or public hearing is required for consideration of reasonable accommodation requests by the community development director. b. Other review authority. Requests for reasonable accommodation subject to review by other review authorities must require public notice and a public review process pursuant to the requirements for the other discretionary land use application that is the subject of the review, including all public notice provisions pursuant to section 38.220.420. 6. Balancing rights and requirements. In reviewing applications for requests for reasonable accommodation, the city will attempt tomust balance: a. The privacy rights and reasonable request of an applicant for confidentiality; with b. The land use requirements for notice and public hearing, factual findings and rights to appeal, in the city's requests for information, considering an application, preparing written findings and maintaining records for a request for reasonable accommodation. c. Any document identifying the disability or medical condition of any specific person must be treated as confidential and must not beis subject to disclosure by the city for any reason, including for compliance with the Open Records Act, unless ordered to do so by a court of competent jurisdiction and notice is given to the person who provided the document to the BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 140 December 20, 2017 UDC update 7-28-2017 draft city. Specifically, any medical records regardless of source, including statements of medical providers, must not be subject to disclosuredisclosed. For any other type of document, such as an application or determination, the document may be subject to disclosure, but only after the nature or description of the person's disability or medical condition is redacted by the city. A statement regarding the city's handling of information subject to this provision must be printed on the city's reasonable accommodation application form, posted on the city's website, and printed at the bottom of any written document issued by the city determining a reasonable accommodation application. C. Findings—Other requirements. 1. Findings. The reviewing authority must approve the application, with or without conditions, if it can make the following findings: a. The housing will be used by a disabled person or a person from a protected class; b. The requested accommodation is necessary to make specific housing available to a disabled person or a person from a protected class; c. There are no uses identified in the Tables of Authorized Uses found in division 38.310sections 38.310.030-.040 for which the use proposed in the request for reasonable accommodation would qualify; d. The requested accommodation would not impose an undue financial or administrative burden on the city; and e. The requested accommodation would not require a fundamental alteration in the nature of the city land use planning and zoning program. 2. Other requirements. a. An approved request for reasonable accommodation is subject to the applicant's compliance with all other applicable zoning regulations. b. A modification approved under this chapter is considered a personal accommodation for the individual applicant and does not run with the land. c. Where appropriate, the reviewing authority may condition its approval on any or all of the following: (1) Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval; (2) Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists; (3) Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists; (4) Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists; (5) Measures to reduce the impact on surrounding uses; (6) Measures in consideration of the physical attributes of the property and structures; (7) Other reasonable accommodations that may provide an equivalent level of benefit and/or that will result in reduced variation or waiver of otherwise applicable standards specified for the zone district; and BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 141 December 20, 2017 UDC update 7-28-2017 draft (8) Other conditions necessary to protect the public health, safety and welfare. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 142 December 20, 2017 UDC update 7-28-2017 draft 38.260 Text & Zoning Map Amendments (combines current Articles 36 & 37) State Law reference— Alteration of zoning regulations, MCA 76-2-305. Part 1: Text Amendments Sec. 38.260.010. - Initiation of amendments and changes. (38.36.010) A. The city commission may, from time to time, amend, supplement or change this chapter and the regulations appertaining thereto. An amendment, supplement or change may be initiated by the city commission, city manager, zoning commission, planning board or upon petition from an owner of property within the city. B. The city commission, planning board or zoning commission may upon a vote of a majority of its members direct the initiation of an amendment to this chapter and the regulations appertaining thereto. When one of these bodies initiates an amendment, the application must be signed by the mayor, president chair of the planning board or chair of the zoning commission as applicable. C. Whenever any person or entity allowed to initiate an amendment desires a change in regulations, they may file with the community development department, on forms provided by the city for this purpose, an application duly signed and notarized by that person or authorized representative of that entity requesting an amendment or change of regulations. 1. When the application initiated by an owner of property, bearing the property owners’ signature, is filed with the department it must contain or be accompanied by: a. All the data and information pertinent to the understanding and judgment of the proposal, as may be prescribed by the commission for that purpose so as to ensure the fullest practicable presentation of facts for the permanent record; and b. A notarized statement by at least one of the owners of property within the area subject to the proposed changes attesting to the truth and correctness of all facts and information presented with the petition. Sec. 38.260.020. - Amendments; investigation requirements. (38.36.020) Upon initiation of an amendment, the city must cause to be made an investigation of facts bearing on such initiation or petition. The purpose of the investigation is to provide the necessary information to ensure that the action of each such petition is consistent with the intent and purpose of this chapter as set forth in section 38.100.040; this includes but is not limited to accordance with the city growth policy. Amendments only addressing zoning standards will be measured against the zoning purposes. Amendments which address only subdivision standards will be measured against the purposes related to the subdivision purposes. Amendments which apply to both zoning and subdivision standards will be reviewed against all the purposes. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 143 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.260.030. - Public hearing procedures and requirements. (38.36.030) A. The city commission, zoning commission and/or planning board must hold one or more public hearings on the matters referred to in such initiation or petition at which parties in interest and citizens must have an opportunity to be heard. Notice of such public hearings must be provided as required by division 38.220 of this chapter. B. Any text amendment to the text of the title must be the subject of one or more public hearing before the city commission, after receiving a recommendation from the zoning commission and/or planning board as set forth in this section. C. The public hearings to be heard by the zoning commission and/or planning board must be conducted by the bodies specified in this subsection: 1. Any text amendment to the text of this chapter affecting only zoning provisions of this chapter must be heard by the zoning commission. 2. Any text amendment to the text of this chapter affecting only subdivisions must be heard by the planning board. 3. Any text amendment to the text of this chapter affecting both zoning and subdivision must be heard as a joint hearing of the planning board and zoning commission with the president of the planning board to preside. When there is a question as to whether an amendment would affect both subdivision and zoning, the public hearing must be jointly held. 4. After such hearing or hearings, the zoning commission and/or planning board will make reports and recommendations on the petition or initiation to the city commission. D. In the event that there is a question as to whether a proposed text amendment affects both zoning and subdivision, or only one of the subjects, the community development director must will determine which subjects are is affectedbodies must hold a public hearing. E. Recommendations to the city commission and other official actions by both the zoning commission and the planning board must bewill only be official if made by at least a majority of a quorum of the body. F. In the case of protest against such changes, signed by the owners of 25 percent or more of either the area of the lots included in any proposed change or those lots or condominium units 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of two-thirds of the present and voting members of the city commission. When considering protests from owners of condominiums the provisions of MCA 76-2-305(3) apply. The provisions of this subsection D include the ability for an applicant to protest a possible decision to adopt a zoning less than originally requested when the applicant meets the same criteria as other affected landowners. State Law reference— Alteration of zoning regulations, MCA 76-2-305. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 144 December 20, 2017 UDC update 7-28-2017 draft Part 2: Zoning Map Amendments Sec. 38.260.100. - Initiation of zoning map amendments and changes. (38.37.010) A. The city commission may, from time to time, amend, supplement or change the zoning district maps appertaining to this chapter. An amendment, supplement or change may be initiated by the city commission, zoning commission or upon application from an owner of property within the city. B. The city commission or zoning commission may upon a vote of a majority of its members direct the initiation of an amendment to the zoning map. When either body initiates an amendment, the application must be signed by the mayor or chair of the zoning commission as applicable. C. Whenever the property owner of any land or building desires a reclassification on the owner's property, they may file with the community development department an application requesting an amendment or change of regulations prescribed for such property. Applications for change of district boundaries or reclassification of districts as shown on the zoning district map must be on forms supplied and prepared by the department. When the application, bearing property owner' signatures, is filed with the department it must contain or be accompanied by: 1. All the data and information pertinent to the understanding and judgment of the proposal, as may be prescribed by the commission for that purpose so as to ensure the fullest practicable presentation of facts for the permanent record; and 2. A notarized statement by at least one of the owners of property within the area proposed to be changed attesting to the truth and correctness of all facts and information presented with the application. D. Whenever an owner of any land within the city desires a reclassification on property that they do not own, such as a request to establish a different zoning classification for a block or other group of properties, they may file with the community development department on forms provided by the city for this purpose an application duly signed by the owners of no less than 51 percent of either the area of lots or number of lots of the affected property requesting an amendment for such property. When the application, bearing property owners’ signatures, is filed with the department it must contain or be accompanied by: 1. All the data and information pertinent to the understanding and judgment of the proposal, as may be prescribed by the commission for that purpose so as to ensure the fullest practicable presentation of facts for the permanent record; and 2. A notarized statement by at least one of the owners of property within the area proposed to be changed attesting to the truth and correctness of all facts and information presented with the petition. E. An application containing less than the required number of signatures must will be considered incomplete and invalid and must will not be processed. Sec. 38.260.110. – Zoning map amendments and rezonings; investigation requirements. (38.37.020) Upon initiation of an amendment the city must cause to be made an investigation of facts bearing on such initiation or application as will provide necessary information to ensure that the action of each such application is consistent with the intent and purpose of this chapter. Specifically the investigation must address the criteria of MCA 76-2-304 which are contained in section 38.100.040.C. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 145 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.260.120. – Zoning map amendments - public hearing procedures and requirements. (38.37.030) A. The city commission and zoning commission must hold public hearings on the matters referred to in such application at which parties of interest and citizens must have an opportunity to be heard. 1. If there is a protest, to be valid the protest must be submitted on a zoning protest form provided by the city. B. The community development director must give public notice as required by division 38.220 of this chapter. The community development director must provide to the city commission and zoning commission a report of the staff's analysis of the application. C. After such hearing or hearings, the zoning commission will make reports and recommendations on the application to the city commission. D. After the zoning commission has forwarded a recommendation on the amendment to the zoning district map, a public hearing must be held by the city commission for the purpose of acting upon the proposed amendment after public notice. 1. In the case of protest against such changes, signed by the owners of 25 percent or more of either the area of the lots included in any proposed change or those lots or condominium units 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of two-thirds of the present and voting members of the city commission. When considering protests from owners of condominiums the provisions of MCA 76-2-305(3) apply. The provisions of this subsection D include the ability for an applicant to protest a possible decision to adopt a zoning less than originally requested when the applicant meets the same criteria as other affected landowners. 2. If the city commission intends to adopt a zoning designation different than that applied for, the hearing will be continued for a minimum of one week to enable the applicant to consider their options and whether to protest the possible action. In the case of protest against a change to the zoning map by the applicant the same favorable vote of two-thirds of the present and voting members of the city commission is required as for any other protested zoning action. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 146 December 20, 2017 UDC update 7-28-2017 draft 38.270 Improvements & Guarantees (Article 39) Sec. 38.270.010. - Purpose and applicability. (38.39.010) A. This article is todivision provides standards and procedures relating to the installation of physical improvements and compliance with requirements related to development. As these improvements are necessary to meet requirements of the law and to protect public health, safety and general welfare and other purposes of this chapter it is also necessary to provide means by which their installation can be ensured. Such improvements may include, but are not limited to, design elements such as landscaping, parking facilities, storm drainage facilities, architectural features, pedestrian walkways and public utilities. Furthermore, in some situations it is in the best interest of the person conducting development to be able to guarantee the completion of certain work and be able to begin utilization of a development sooner than would otherwise be possible if all improvements had to be physically installed before use could begin. This article therefore has the following purposes: 1. Ensure completion of required improvements or compliance with other requirements of development to an acceptable standard; 2. Provide buyer/lessee protection while allowing a person undertaking development to proceed with sales/leases before the project is totally complete, especially multiphased projects; 3. Ensure adequate warranty or maintenance, when appropriate, of improvements; 4. Provide for mechanisms to ensure performance of or conformance with conditions of approval or development requirements; and 5. Accomplish the purposes listed in this subsection A through mechanisms that reduce the need to rely on costly litigation to accomplish those purposes. B. This article division applies to all subdivisions and site developments as described as follows: 1. Subdivisions must install or provide security for installation of improvements prior to final platting as set forth in detail in this article. 2. Site developments including, site plans, conditional use permits, planned unit developments, reuses and certificates of appropriateness, must install improvements or provide security for installation prior to occupancy or commencement of use. 3. The city may determine the nature and timing of required installation of improvements as part of the subdivision or site development process. When necessary to protect the health, safety, and general welfare of the public, and ensure the function and viability of development, certain needed improvements may not be allowed to be financially guaranteed. Sec. 38.270.020. - Standards for improvements. (38.39.020) A. General. It must be tThe responsibility of the developer to must comply with the following procedures and standards for the installation of development improvements, including parks. 1. Construction routes. For all developments, excluding sketch and reuse/further development, a construction route map must be provided showing how materials and heavy equipment will travel to and from the site. The route must avoid, where possible, local or minor collector streets or streets where construction traffic would disrupt neighborhood residential character or pose a threat to public health and safety. 2. Protection of existing improvements. The developer, and the developer's contractors and suppliers must beare jointly and severally responsible to ensure that existing improvements are not damaged or rendered less useful by the operation of the developer, and the developer's contractors or suppliers. Such protection of improvements may include requirements for BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 147 December 20, 2017 UDC update 7-28-2017 draft cleaning of vehicles leaving a construction site. This provision is intended to preclude damage to existing roads, streets, water, sewer and drainage systems. The city may instruct the developer as to the streets or roads to be used for access by construction equipment, and the developer must be responsible for enforcement of this instruction uponmust require the same from the developer's contractors and their suppliers. The city may require the developer to post a surety to guarantee repair of damages. B. Improvements to be dedicated to the public. 1. Plans and specifications. Engineering and survey plans, specifications and reports required in connection with public improvements and other elements of the subdivision, or other development required by the city, must be prepared by a registered engineer and/or a registered land surveyor, licensed in the state, as their respective licensing laws allow. The plans and specifications must be prepared in compliance with the city's design standards and specifications policy and/or park design standards as is applicable. Plans and specifications for nonengineering improvements must be prepared by a person whose qualifications are acceptable to the city department with responsibility for the that type of improvements. Plans and specifications for nonengineering improvements must be prepared in compliance with any applicable adopted design standards and specifications policy. 2. Scope of work. The intent of these regulations is to provide standards by which the contractor and the developer must execute their respective responsibilities and guarantee proper construction and completion in every detail of the work in accordance with the plans, specifications and terms set forth under these regulations. a. The developer must furnish the plans, specifications and typical sections for approval by the city. It must be understood that the work to be done will not necessarily be limited to occurring within the right-of-way or park boundaries. b. The city has authority tomay make or cause to be made any reasonable changes, alterations, amendments and additions to the standard specifications for infrastructure or park improvements. c. The city may require work to be done that is outside of the right-of-way or park boundaries. 3. Control of work. During the course of construction, and at the completion of each phase of the project, the developer's registered civil engineer, or other person acceptable to the city, must submit a statement that the improvements have been inspected and found to have been constructed in accordance with the approved plans and specifications. Prior to making any changes, the developer's engineer must notify and receive written approval or disapproval from the city for any changes in approved plans and specifications. 4. Improvement procedure. a. Approval of the improvement plans and specifications must be completed before installation of improvements or the entering into of an agreement where surety is to be provided for the completion of the improvements. b. The procedure for submittal, review and approval of improvement plans and specifications is contained in the city's design standards and specifications policy, and must be followed by the developer and/or the developer's contractors. All plans and specifications related to park and public trail improvements must be submitted to the parks division for review and approval. c. After the preliminary plat has received approval or conditional approval, and before the final plat is submitted, the developer must either install the required improvements or enter into BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 148 December 20, 2017 UDC update 7-28-2017 draft an agreement with the city financially guaranteeing the installation and performance of the improvements. d. After the final site plan is approved, subject to section 38.39.030.C, and prior to occupancy of any buildings, the developer must either install the required improvements or enter into an agreement with the city financially guaranteeing the installation and performance of the improvements. 5. Sanitary facilities. Water supply, sewage disposal and solid waste disposal systems must meet the minimum standards of the city and the state department of environmental quality as required by MCA 76-4-101 through 76-4-135, and regulations adopted pursuant thereto, and are subject to the approval of the city. C. Private improvements. Improvements must be constructed as shown on the approved final site plan, final plat, or plans and specifications, as may be applicable. The developer is responsible for coordinating installation with all necessary parties and to restore to its original condition any public improvements or any private improvements or property damaged during installation of private improvements. Sec. 38.270.030. - Completion of improvements. (38.39.030) A. General. The applicant must provide certification by the architect, landscape architect, engineer or other applicable professional that all improvements to be dedicated to the public were installed in accordance with the approved site plan, plans and specifications, or plat as applicable. For required private improvements, the applicant must provide certification by the architect, landscape architect, engineer or other applicable professional that all improvements, including, but not limited to, landscaping, ADA accessibility requirements, private infrastructure, or other required elements were installed in accordance with the approved site plan, plans and specifications, or plat as applicable, unless a waiver of certification in whole or part is explicitly approved by the DRC. 1. Improvements to be dedicated to the public. Improvements to be dedicated to the public, such as water mains, sewer mains, parkland and related improvements, and public streets, must be installed in accordance with the approved plans and specifications by the developer, and certified by a registered professional civil engineer, licensed in the state, and accepted by the city prior to the approval of the final plat, building permit, issuance of a certificate of occupancy or other identified benchmark as may be appropriate. As-built drawings complying with the city's design standards and specifications policy, including timing for submittal of materials, must be provided. a. Public street means a public right-of-way or easement developed to adopted city standards including, but not limited to, the following improvements: curbs, gutters, storm drainage, sidewalks, paving, traffic control signage or equipment, and lighting. 2. Private improvements and other required improvements. Improvements, such as, but not limited to, private parks or open space, landscaping, paving or irrigation must be installed in accordance with the approved preliminary plat or final site plan by the developer and inspected and found to comply with the city standards or requirements prior to the approval of the final plat, issuance of a certificate of occupancy for the building or site, or other identified benchmark as may be appropriate. All improvements required as part of a subdivision must be installed and accepted, or financially secured in accordance with an improvements agreement, prior to final plat approval. 3. Improvements agreement required. All improvements necessary or required to meet the standards of this chapter or conditions of approval must be the subject of an improvements agreement and be guaranteed if final plat approval, occupancy of buildings or other utilization of BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 149 December 20, 2017 UDC update 7-28-2017 draft an approved development is allowed before the improvements are completed and inspected by the city. a. Reservation. The city reserves the right to require actual installation of improvements prior to occupancy when such improvements are necessary to provide for health, safety and welfare or adequate function of systems or on-site development. B. Completion time for subdivisions. 1. Improvements. All subdivision improvements, including parks, must be constructed and completed as approved by the city. a. All improvements must be installed prior to the issuance of a building permit for any lot within a subdivision unless otherwise provided for in development proposals occurring under the provisions of article 20 of this chapter, planned unit development (PUD), when concurrent construction is an identified purpose of the initial project review, and pursuant to the criteria established in subsection D of this section. b. The subdivider must meet one of the following requirements for completion of street improvements. The option must be specified in the preliminary plat submittal. Should the applicant not identify which option is desired, the option presented in subsection B.1.b.(1) of this section must be required. Altering the choice of option after approval of the development must constitute a material modification to the project and require re-review of the project for modification to the approval subject to the provisions of 38.01100.070. (1) The subdivision streets improvements must be installed prior to final plat approval. This requirement may be modified by the review authority for streets where dictated by circumstances, and where acceptable improvement security for the ultimate development of the streets is provided. However, under no circumstances must the required gravel courses, curbs or gutters be waived. This requirement must generally not be modified for nonresidential developments; or (2) The subdivider must enter into an improvements agreement guaranteeing the completion of the paving, curb, gutter, storm drainage, street lighting or other street infrastructure improvements not yet completed. The improvements agreement must be financially guaranteed, as explained in this article. However, at a minimum, the plans and specifications for the street improvements must be approved by the review authority prior to final plat approval. Building permits will not be issued until the street improvements are completed and accepted by the city unless otherwise provided for in development proposals occurring under the provisions of article 20division 38.430 of this chapter, Planned Unit Development (PUD), and pursuant to the criteria established in subsection D of this section; or (3) The subdivider may request that street improvements be guaranteed by the creation of a special improvements district (SID). If a SID is formed for the improvements, the SID bonds must be sold before the final plat can be filed. SIDs must not be permitted for the installation of subdivision water and sewer improvements. Building permits will not be issued until the street improvements are completed and accepted by the city unless otherwise provided for in development proposals occurring under the provisions of article 20division 38.430 of this chapter, Planned Unit Development (PUD), and pursuant to the criteria established in subsection D of this section. 2. Sidewalks. City standard sidewalks (including a concrete sidewalk section through all private drive approaches) must be constructed on all public and private street frontages prior to occupancy of any structure on individual lots. Should a subdivider choose not to install all BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 150 December 20, 2017 UDC update 7-28-2017 draft sidewalks prior to final plat, an improvements agreement must be entered into with the city guaranteeing the completion of all sidewalks within the subdivision within a three-year period or as described in subsection b. below. The developer must supply the city with an acceptable method of security equal to 150 percent of these remaining sidewalk improvements. a. The subdivider must install sidewalks adjacent to public lands, including but not limited to, parks, open space, and the intersection of alleys and streets or street easements. Sidewalks in these areas must be installed prior to final plat approval, or must be subject to an approved improvements agreement and financially guaranteed. b. Except as provided in subsection c. below, upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed the required sidewalk must, without further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. c. On any face of a block between any two intersecting streets where less than 50 percent of lots have been issued a building permit, and when construction of a sidewalk is not immediately required to provide pedestrian connectivity to the destinations described in subsection (4) below, the community development director may allow the lot owner up to an additional two-year period to construct the sidewalk. The additional time is subject to either an extension of an existing improvements agreement with the subdivider or the entering into of a new improvements agreement with the lot owner(s). The community development director may authorize subsequent extensions in up to two-year increments. The granting of an extension does not allow sidewalk installation to be delayed beyond occupancy of any structure on an individual lot. The provision of a financial guarantee in a form acceptable to the city must not be waived. The following information in map and/or text form must be provided for all requests to extend the time period to complete subdivision sidewalks: (1) The total number of residential lots in the subdivision. (2) The percent of subdivision lots that have been sold and are no longer under subdivider's/applicant's ownership. (3) The percent of subdivision lots that have been sold and are still vacant. (4) A description of adjoining subdivisions, public parklands, open spaces, neighborhood commercial nodes, commercial centers and public trail corridors within one-half mile of the subdivision. (5) Describe whatWhich public sidewalks and/or public trails within the interior of the subdivision are proposed to be completed that will provide effective connectivity within the interior of the subdivision, as well as adjoining subdivisions, public parklands, open space, neighborhood commercial nodes, commercial centers and public trail systems. (6) Describe tThe extended time period being requested to complete the required subdivision sidewalks. (7) Provide aA copy of the final plat and at least one colored exhibit illustrating the subdivision being considered, along with the number of lots sold, those developed with residential structures, vacant lots, those lots/areas where sidewalks have been constructed, and remaining lots still under applicant's ownership. 3. Subdivision lighting. Subdivision lighting, as required in section 38.23.150division 38.570 must be incorporated into all subdivisions. Prior to final plat approval, subdivision lighting must be installed or financially guaranteed. If the subdivision lighting is financially guaranteed, they must BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 151 December 20, 2017 UDC update 7-28-2017 draft be considered as part of the required street improvements and building permits must not be issued until the improvements are installed, unless otherwise provided for in development proposals occurring under the provisions of article 20division 38.430 of this chapter, Planned planned Unit unit Development development (PUD), and pursuant to the criteria established in subsection D of this section. C. Completion time for site development. Whenever any building lots and/or building sites are created inside the city limits, and prior to the issuance of any building permits on such lots or sites, municipal water distribution systems, and municipal sanitary sewer collection systems, and streets must be provided to the site. Each building site must utilize and be connected to both the municipal water distribution and municipal sanitary sewer collection systems. Subject to the provisions of subsection C.1 of this section, these improvements must be designed, constructed and installed according to the standards and criteria as adopted by the city and approved by the review authority prior to the issuance of any building permits. 1. Provision of municipal central water distribution, municipal sanitary sewer collection systems, and streets means that the criteria in either subsection a or subsections b and c are met as follows: a. Water, sewer and street services are installed and accepted by the city with service stubs being extended into the site, with such stubs being of adequate size to provide water and sewer service to the proposed development without modification to publicly owned infrastructure; or b. The water mains, sewer mains and streets to be extended to provide service to the development are: located within a publicly dedicated right-of-way or easement; constructed to city standards; are physically adjacent to the site proposed for construction; are installed and accepted by the city; and are adequate in capacity to provide necessary service to the proposed development; and comply with the requirements of this subsection C.1.b and subsection C.1.c of this section; c. Water mains, sewer mains and streets must meet the following requirements: (1) Any required on-site extensions of water mains, sewer mains or streets to be dedicated to the public must be located entirely within publicly held easements or rights-of-way; must serve only a single lot; are the subject of an irrevocable offer of dedication to the city upon completion of the project; the development is under the control of a single developer who must retain control of the entire project until final completion; all work is under the supervision of a single general contractor; and no subdivision of land is involved; (2) The DRC must determine when the standards of this subsection C.1 are met. The fire department must consider whether adequate fire protection services are available from existing hydrants, and water supply exists to meet needs during construction. If adequate fire protection does not exist then concurrent infrastructure and building construction may only occur under the provisions of subsection C.1.c.(3) of this section. Based on evaluation by the fire department, simultaneous construction of infrastructure to be dedicated to the public and private construction may be permitted only within a defined portion of the site; (3) Approval of the final engineering design, including location and grade, for the infrastructure project must be obtained from the engineering department, and the state department of environmental quality when applicable, prior to issuance of any building permit for the development; and BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 152 December 20, 2017 UDC update 7-28-2017 draft (4) No occupancy, either temporary or final, may be issued until all on-site and offsite water, sewer and street or drive improvements are installed and accepted or approved as applicable by the city. D. Exception. When municipal water distribution and municipal sanitary sewer collection systems and city streets are being provided to serve a development proposal occurring under the provisions of article 20division 38.430 of this chapter, planned unit development (PUD), the issuance of a building permit may be allowed prior to completion of the public infrastructure, provided that the following criteria are met: 1. The subject property must be developed under the provisions of article 20division 38.430 of this chapter; 2. The subdivider or other developer must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by a financial guarantee in an amount to be determined by the city, with said guarantee to be in the name of the city; 3. Approval of the final engineering design, including location and grade, for the infrastructure project must be obtained from the engineering department, and the state department of environmental quality when applicable, prior to issuance of any building permit for the development; 4. Building permits may be issued incrementally, dependent upon the status of installation of the infrastructure improvements. All building construction within the PUD must cease until required phases of infrastructure improvements as described in the PUD have been completed, and inspected and accepted by the city; 5. The subdivider must provide and maintain fire hazard and liability insurance which must name the city as an additional insured and such issuance must not be cancelled without at least 45 days prior notice to the city. The subdivider must furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof; 6. The subdivider must recognizes, acknowledges and assumes the increased risk of loss because certain public services do not exist at the site; 7. The subdivider must enter into an agreement with the city which provides for predetermined infrastructure funding options; 8. No occupancy of any structures or commencement of any use constructed or proposed within the boundaries of the PUD will be allowed until required infrastructure improvements have been completed, and inspected and accepted by the city, and a certificate of occupancy has been issued; a. No occupancy of structures or commencement of any use must occur when such action would constitute a safety hazard in the opinion of the city; 9. The subdivider must enter into an agreement with the city to address the provision of any services on an interim basis during construction, if deemed appropriate; 10. The subdivider must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section; 11. The subdivider must pay for any extraordinary costs associated with the project which the city may identify, including, but not limited to, additional staff hours to oversee the planning, engineering and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extraordinary administrative costs; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 153 December 20, 2017 UDC update 7-28-2017 draft 12. The development must be under the control of a single developer and all work must be under the supervision of a single general contractor. The developer and general contractor must agree that there must be no third-party builders until required infrastructure improvements have been completed, and inspected and accepted by the city; and 13. Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing all requirements of this section, must be submitted for review and approval of the review authority with a recommendation from the development review committee. E. Limitations. Notwithstanding the provisions of subsection D of this section, the city may limit the scope, type and number of projects eligible for simultaneous construction consideration. Sec. 38.270.040. - Special provisions for timing of certain improvements. (38.39.040) A. Park, pathway, and boulevard improvements. 1. These required improvements must be installed, or subject to an approved improvements agreement and financially guaranteed, prior to final plat approval or occupancy of a building subject to development review, excluding sketch plans. 2. Due to seasonal considerations, building and occupancy permits may be issued prior to installation of these improvements as long as the improvements are subject to an approved improvements agreement and are financially guaranteed. B. Neighborhood center improvements. 1. With the exception of neighborhood commercial and civic buildings and their grounds, neighborhood center improvements must be installed, or subject to an approved improvements agreement and financially guaranteed, prior to final plat approval. 2. Due to seasonal considerations, building and occupancy permits may be issued prior to installation of improvements related to greens, plazas and squares as long as the improvements are subject to an approved improvements agreement and are financially guaranteed. Sec. 38.270.050. - Acceptance of improvements. (38.39.050) A. Improvements dedicated to the public. 1. Acceptance of street, road, and bridge improvements. Before any subdivision street, whether new or existing, can be accepted into the city street system by the city, it must be built to meet or exceed the required standards. Any improvements made to county roads must meet or exceed standards set by the county road office, and must be reviewed and approved by the county road office. Any bridge improvement, within the city or the county, must meet or exceed standards set by the state department of transportation, and must be reviewed and approved by the county road office and the city, and accepted by the county road office into the county's bridge maintenance system. 2. Acceptance of park, water, sewer, and storm drainage improvements. Before any public park, water, sewer or storm drainage improvement, whether new or existing, can be accepted into the city system by the city, it must be built to meet or exceed the required standards. Any improvement, within the city or county, must meet or exceed standards set by the city, state department of environmental quality and county road office, and must be reviewed and approved by the city and the county road office, as applicable. 3. Record drawings. Record drawings of all public infrastructure improvements constructed within the city, drawn to the specifications required by the city, must be submitted prior to final plat approval, per section 24.183.1107(5)(f), ARM as may be amended, or other equivalent final benchmark for site development. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 154 December 20, 2017 UDC update 7-28-2017 draft 4. The city may require verification that all liens have been released and payments made prior to accepting dedication of improvements. B. Private improvements. The DRC and/or ADR or their representative must conduct an "as-built" inspection to verify compliance and must sign off on a certificate of occupancy, final plat or other conclusory action if all terms and details of the approval are complied with. Except as provided for in section 38.270.060, no final plat approval or occupancy must be permitted, or certificate of occupancy issued, unless the terms and details of an approved plat, site or sketch plan are met. Prior to grant of occupancy, the developer must certify the completion of the improvements as required in section 38.270.030.A. Sec. 38.270.060. - Improvements agreements. (38.39.060) A. Required wWhen required. 1. When occupancy of a development subject to zoning review will commence prior to completion of all required site improvements, generally excluding sketch plans; or 2. When a subdivision is to be granted final plat approval prior to the completion of all required improvements, the applicant must enter into an improvements agreement with the city. 3. At the discretion of the community development director, certain projects receiving a certificate of appropriateness may be required to enter into an improvements agreement with the city at the time of final approval of the certificate of appropriateness. B. If an improvements agreement is used to guarantee the completion of required improvements, including infrastructure, it may allow for the staged installation of improvements in defined areas and in accordance with an approved time schedule. At the city's discretion, the improvements in a prior increment may be required to be completed or the payment or guarantee of payment for costs of the improvements incurred in a prior increment must be satisfied before development of future increments. 1. If an improvements agreement is filed with the final subdivision plat to secure infrastructure improvements, a separate document must be filed with the final plat that clearly states that building permits will not be issued until all water, sewer, storm drainage infrastructure and streets are installed and accepted. This requirement may be modified by the city for streets where dictated by circumstances, and where acceptable improvement security for the ultimate development of the streets is provided. However, under no circumstances must the required gravel courses, curbs or gutters be waived. This requirement must generally not be modified for nonresidential developments. No building permits will be issued for a subdivision within the city until all required water, sewer, storm drainage, required street lighting, and street gravel courses are installed and accepted unless otherwise provided for in development proposals occurring under the provisions of division 38.380 430 of this chapter, Planned planned Unit unit Development development (PUD), and pursuant to the criteria established in section 38.270.030.D. C. Standards for improvements agreements. 1. All agreements. All improvements agreements must meet the following standards: a. The agreement and security must be satisfactory to the city attorney as to form and manner of execution; b. Detailed cost estimates and construction plans of all required on-site and off-site improvements must be made a part of the agreement; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 155 December 20, 2017 UDC update 7-28-2017 draft c. Provide for security in the amount equal to 150 percent of the estimated cost of the improvements to be secured if the agreement is to be activated; d. The term for the security referenced in subsection C.1.c of this section must be not less than the length of time of theat least six months longer than the time of performance required by the improvements agreement; e. The agreement must provide for the city to claim the guarantee by certifying that the developer is in default of the performance to be secured; f. Requests for partial release of security must only be in amounts such that the security will always equal 150 percent of the value of the remaining uncompleted work, and such that not more than 90 percent of the security is released prior to completion of all improvements. The city may take into account the location and scope of development phases in evaluating requests to reduce the amount of a financial guarantee. The city may require verification that all liens have been released and payments made prior to releasing a portion of the security; g. Must provide for the city to require a replacement security in the event the issuer of the security becomes insolvent, enters receivership, or otherwise gives cause for the city to lack confidence in the ability of the issuer to honor the security; h. Must permit the city in the event of default by the developer to include in the costs to be recovered from the security those costs resulting from the need to call in the security, including but not limited to costs for the city attorney's time; and i. The financial security must be placed in the keeping of the city treasurer. 2. Subdivisions. Improvements agreements for subdivisions must meet the following standards in addition to those listed in subsection C.1 of this section: a. The length of time of the agreement must not exceed one year from the date of final plat approval. The agreement must stipulate the time schedule the subdivider proposes for accomplishing the required improvements; b. The estimated cost of improvements must be provided by the subdivider's professional engineer. The city engineer has the discretion to require a second estimate of the cost of improvements, with the cost of obtaining the second estimate borne by the subdivider. The agreement must stipulate which type of security arrangements will be used; c. Security for improvements for internal subdivision streets, water, storm drainage and sewer mains, or other internal or external improvements must be reduced only upon recommendation of the city department with responsibility for the type of infrastructure which has been guaranteed; d. The improvements agreement must be filed with the final plat; and e. The security provided must be a financial security valid for 18 months. 3. Site development. Improvements agreements for developments other than subdivisions must meet the following standards in addition to those listed in subsection C.1 of this section: a. If occupancy of the structure or commencement of the use is to occur prior to installation of the required improvements, the installation of those improvements must be secured in conformance with the requirements of this division 38.270; b. The length of time of the agreement and method of security must not be less than 12 months, and the term for the security must be at least six months longer than the time for performance required by the improvements agreement; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 156 December 20, 2017 UDC update 7-28-2017 draft c. All secured improvements must be completed by the developer within nine months of occupancy or the security must be forfeited to the city for the purpose of installing or contracting for the installation of the required improvements; d. At the community development director's discretion, a developer may be permitted to extend the manner of security, in general for a period not to exceed one additional year. Factors such as, but not limited to, progress of installation achieved to date and phasing of projects may be considered; e. The DRC and/or ADR must determine which, if any, of the required improvements must be installed prior to occupancy, regardless of the use of a secured improvements agreement. Such determination must be based on a finding that unsafe or hazardous conditions will be created or perpetuated without the installation of certain improvements or that the property will have an unacceptable adverse impact on adjoining properties until such improvements are installed; (1) Items include but are not limited to walkways and signage necessary for ADA compliance, parking surfaces adequate to meet the needs of the uses to be conducted during the term of the improvements agreement, or matters related to life safety are required to be installed prior to any occupancy; and f. When all provisions are met for occupancy of a facility or commencement of a use prior to the installation of all improvements, and adequate security has been provided in accordance with the terms of an improvements agreement, the building official may issue a temporary certificate of occupancy which allows occupancy of the facility on a temporary basis for a period not to exceed nine months. When all required improvements are installed in compliance with all terms and details of the site or sketch plan approval, the temporary occupancy permit must be withdrawn and a permanent certificate of occupancy must be issued according to the provisions of this division 38.270. D. Notwithstanding the provisions of this section, the city may limit the scope, type and number of improvements eligible for being secured by an improvements agreement and require installation prior to final plat approval, issuance of building permits, occupancy or other similar actions. E. The community development director must be responsible to sign improvements agreements on behalf of the city. F. When an improvements agreement is used to allow the filing of a final plat prior to the completion of infrastructure, a notice of improvements agreement must be recorded along with the plat which indicates that certain infrastructure work is still not complete and identifying that work. When the work has been completed and is accepted by the city as complete, the city must record a notice of completion stating that the work that was the subject of the improvements agreement is complete. Sec. 38.270.070. - Payment for extension of capital facilities. (38.39.070) A. The city may require a subdivider or other site developer to mitigate the impacts of subdivision or site development by the extension of existing capital facilities or the construction of new capital facilities. The review authority, established in 38.200.010, may determine that the payment or the guarantee of payment for the construction of capital facilities are appropriate measures to coordinate with the city’s planned capital facility improvements and to ensure public health, safety and welfare. Payment of cash in-lieu of constructing capital facilities by a subdivider or other site developer to the city is a mechanism for meeting regulatory requirements and mitigating subdivision and other site development impacts. The review authority, in its sole discretion, must determine the appropriate mitigation for any subdivision or site development impacts. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 157 December 20, 2017 UDC update 7-28-2017 draft B. The city may require a subdivider or other site developer to pay or guarantee payment for part or all of the costs of extending capital facilities related to public health and safety, including but not limited to public roads or streets, sewer mains, water supply mains and stormwater facilities for a subdivision or other site development. The costs must reasonably reflect the expected impacts directly attributable to the subdivision or other site development. The city may not require a subdivider or other site developer to pay or guarantee payment for part or all of the costs of constructing or extending capital facilities related to education. C. The review authority may accept direct payment of cash in-lieu of public street, water, sewer, and stormwater capital facilities required by this code. Should the review authority approve a request to pay cash in-lieu, a subdivider or other site developer is not required to obtain a variance from the requirement such facilities be constructed prior to development approval. A request to meet the terms of division 38.220 by payment of cash in-lieu must be submitted by an applicant prior to a determination of adequacy or any advisory body recommendation during review of a development application. The city may choose to require payment of cash rather than require the construction of capital facilities as determined by the review authority. A request received after determination of adequacy or advisory body recommendation is a material modification to the application. 1. The review authority, established in 38.200.010, must evaluate proposals of cash in-lieu of capital facilities and make a decision to approve, approve with conditions or deny such requests. In evaluating a request to pay cash in-lieu, the review authority must consider the following criteria: a. Whether there is a danger to public health and safety of accepting cash in-lieu rather than constructing the capital facilities; b. Whether the work described in the proposal is part of a project scheduled for commencement of construction on the most recently adopted capital improvement plan no later than three years from the date of submittal; c. Whether a public work is pending which would substantially damage the work otherwise required to be constructed; d. Whether the installation of the otherwise required capital facilities would be disruptive to planned public improvements; e. Whether the city has made a determination of the reasonableness of the cost estimate of the work; and f. Whether the payment would enable a more efficient installation of required capital facilities. 2. The request to pay cash in-lieu of capital facilities and the findings of the review authority must be considered in any final action to approve, approve with conditions, or deny a development application. 3. All cash paid in-lieu must be held by the city in a fund dedicated to the work for which the monies are paid. 4. As a condition of accepting cash in-lieu, the city may require the property owner to execute a waiver of right to protest creation of a special improvement district, or other legal instrument, assuring participation, on a fair share, proportionate basis, in future capital facility improvements in the vicinity of the development proposal. 5. The city manager may adopt procedures by administrative order to implement this section. 6. The cash paid must include all component costs of the work deferred including but not limited to design, permitting, traffic management, construction, and record drawings. The cash paid must BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 158 December 20, 2017 UDC update 7-28-2017 draft include a contingency amount to offset the uncertainty of cost estimating and potential escalation of costs. 7. Issuance of a refund is a material modification of a development per 38.100.070. Refunds of cash paid in-lieu are not available if: a. A final plat which relied upon cash-in-lieu of facilities has been recorded; b. If building permits for a non-subdivision development have been issued; or c. If the city has published an invitation to bid on work which relies upon the paid cash for project funding. Sec. 38.270.080. - Types of acceptable securities. (38.39.080) A. Financial securities. A variety of means of providing for the security of improvements agreements, ensuring adequate maintenance of required improvements and ensuring compliance with conditions of approval for various developments may be allowed. One or more of the following instruments may be used to provide a financial security for improvements to be completed. The method, terms and amount of security must be acceptable to the city. Financial security is the primary method to provide security for installation of physical improvements. 1. Direct payment of cash to the city; 2. Irrevocable letters of credit; 3. Cash escrows held by the city, or held by an approved escrow agent and subject to an executed escrow agreement; or 4. Performance bonds, in limited circumstances and subject to approval by the city attorney. B. Nonfinancial securities. In addition to the possible financial securities listed above, the following nonfinancial securities may be used to ensure compliance with conditions of approval, ensure maintenance of required improvements and coordinate timing of development. When deemed appropriate, the city may use nonfinancial security methods in combination with a financial security method. 1. Granting of final permits; 2. Sequential approval of multiphased projects, with subsequent phases to not receive approval until prior approved phases have complied with all requirements; 3. Formation of a special improvement or maintenance district. This method must not be considered completed until after all final actions have occurred and the district is in existence and the bonds sold; 4. Establishment of a property owners’ association with city enforceable duties to maintain certain improvements; 5. Irrevocable offer of dedication of improvements to be dedicated to the public after completion of the project; and 6. Recording of a special restrictive covenant or deed restriction which may only be released by written agreement of the city. Sec. 38.270.090. - Development or maintenance of common areas and facilities by developer or property owners' association. (38.39.090) A. General. For the purposes of this section, "common areas and facilities" include: 1. Public and/or private parkland; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 159 December 20, 2017 UDC update 7-28-2017 draft 2. Boulevard strips in public rights-of-way along external subdivision streets and adjacent to parks and/or open space; 3. Common open space (as defined in section 38.700.040); 4. Neighborhood centers (except for neighborhood commercial and civic uses and their grounds) as set forth in section 38.410.020; 5. Pathways (as defined in section 38.700.150); 6. Lighting; 7. Stormwater facilities, and 8. Irrigation facilities installed in common areas. B. Development. If common areas or facilities will be developed by the subdivider or by a property owners’ association, a development plan must be submitted with the preliminary plat application for review and approval. The development plan must be reviewed and approved by the city prior to the installation of improvements in common areas or the installation of common facilities. An approved park master plan would satisfy this requirement. 1. Landscaping. When landscaping and/or irrigation systems will be installed in parkland, boulevard strips or common open space, the development plan must be accompanied by a landscaping plan that was prepared by a qualified landscaping professional. When landscaping in common areas is installed by the subdivider, the subdivider must warrant these improvements against any and all defects for a period of two years from the date of installation of the landscaping. When landscaping in a park is installed by the subdivider, the subdivider must comply with the Parks Design Standards and warrant these improvements against any and all defects for a period of two years from the date of installation of the landscaping. 2. Tree permits. If trees will be planted in dedicated city parkland or boulevard strips, tree planting permits must be obtained from the forestry department. C. Maintenance. When common areas or facilities will be maintained by the subdivider or by a property owners’ association, a maintenance plan that complies with section 38.220.320 must be submitted with the preliminary plat application for review and approval. The maintenance plan must include a maintenance schedule, and a mechanism to assess and enforce the common expenses for the common area or facility. The maintenance plan must be included in the subdivision covenants. The developer must provide all necessary maintenance until the improvements are transferred to a property owners’ association, or other final custodian, at which point the property owners’ association or other final custodian will be responsible for all necessary maintenance of common areas or facilities identified in the maintenance plan. Maintenance must be provided by the property owners’ association for parks until the city must establish a park maintenance district or other dedicated funding source and affirmatively accept responsibility for maintenance. The provisions of section 38.220.200.A.8 apply to this section. 1. Landscaping warranty. The maintenance plan must provide that any required or proposed landscaping must be maintained in a healthy, growing condition at all times, and that any plant that dies must be replaced with another living plant that complies with the approved landscape plan. 2. Irrigation System warranty. The maintenance plan must provide that any required or proposed irrigation system must be maintained in an appropriate and efficient manner and kept in good operating condition, and that any components of the irrigation system that break must be fixed and replaced if necessary with components approved in the irrigation system design plan. 3. Shade tree maintenance. The forestry department must be responsible for the maintenance of shade trees in all city rights-of-way and on city property, including parks. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 160 December 20, 2017 UDC update 7-28-2017 draft D. Maintenance Area. For a multiphase project with common areas and facilities, the maintenance mechanism must include all phases of the project, and must be created for the entire project with the first phase. No property must be removed from the maintenance area or mechanism without prior approval by the city to ensure continued maintenance of common areas and facilities, and on- going fulfillment of all obligations. Sec. 38.270.100. - Warranty. (38.39.100) All publicly dedicated improvements must be subject to a warranty of duration and scope to meet the city's design standards and specifications manual and/or park design standards as applicable. 38.280 Nonconforming Situations (Article 32) Sec. 38.280.010. - Nonconforming uses. (38.32.010) A. Any use lawfully existing upon the effective date of the ordinance from which this chapter or any predecessor title or code is derived may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified, or in the case of signage as specified in division 38.560 of this chapter. B. Except as otherwise specified in this division, the right to operate and maintain a nonconforming use must terminate when the structure or structures housing such use are destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction. However, in the event of damage by natural disaster to the extent described herein, said nonconforming use or uses may be reestablished through a conditional use permit procedure as set forth in division 38.230 of this chapter. Such restoration must comply to the maximum extent reasonably feasible with the requirements of this chapter. C. When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it must not thereafter be changed to any nonconforming use. D. Whenever a lawful nonconforming use of a building, structure or land is discontinued for a period of 90 days, any future use of the building, structure or land must be in conformity with the provisions of this chapter. E. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary structural repairs, provided such structural repairs do not enlarge, intensify or otherwise redefine the nonconforming use. Sec. 38.280.020. - Changes to or expansions of nonconforming uses. (38.32.020) A. Lawful nonconforming nonresidential use. 1. A lawful nonconforming nonresidential use must not be changed except in conformance with the use requirements of the zone in which it is located. Except, however, a lawful nonconforming nonresidential use may be changed to another nonconforming use, provided that the proposed use is not of greater intensity than the original use, as determined by the criteria in 38.280.020.A.2, and that a conditional use permit is obtained from the review authority. A lawful nonconforming nonresidential use may be expanded only through the granting of a conditional use permit by the review authority. In considering the appropriateness of the conditional use permit application, the review authority must weigh the criteria set forth in subsection BD.2 of this section. In addition, the review authority must consider whether the expansion is reasonable, natural and incidental to the growth and use of an existing business. In general, proposals to expand nonconforming uses must not be approved if the expansion would BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 161 December 20, 2017 UDC update 7-28-2017 draft encompass new land or property which was not in use at the time of the enactment of zoning or a change in zoning. 2. To approve a conditional use permit to change or expand a nonconforming nonresidential use, the review authority must determine that the proposed nonconforming use is more appropriate to the district than the existing nonconforming use, and that no unsafe or unhealthy conditions are perpetuated. In making such a determination, the review authority must weigh the following criteria in addition to the criteria applicable to all conditional use permits: a. Traffic impacts, both on-site and off-site; b. Off-street parking and loading requirements; c. The visual impact on the surrounding area; d. The degree of compliance with the adopted growth policy and this chapter; e. The level of conflict with other uses in the surrounding area; f. The presence of other nonconformities in the surrounding area; g. The degree to which any existing unsafe or hazardous conditions would be mitigated; h. The viability of the subject structure; and i. On-site and off-site impacts from noise, dust, smoke, surface or groundwater contamination, or other environmental impacts. B. Lawful nonconforming residential use. 1. A lawful nonconforming residential use may be reduced in terms of the number of dwelling units, in an effort to achieve greater conformance with the underlying zoning designation, through the review process required by divisions 38.340, and 38.230 of this chapter, without the need to obtain a conditional use permit from the review authority. A lawful nonconforming residential use must not be permitted to increase the number of dwelling units. 2. The maintenance and reconstruction of existing nonconforming residential dwelling units is allowed, in compliance with applicable fire and building codes, including expansion of up to 20 percent of the existing total residential area, without the need of a conditional use permit, as long as the number of dwelling units on the lot is not increased. In instances where new construction is allowed, all appropriate approvals such as a certificate of appropriateness or building permit must be obtained prior to the initiation of construction. Sec. 38.280.030. - Nonconforming area and bulk requirements for existing lots. (38.32.030) A. At the time of the enactment of the ordinance from which this chapter is derived if any owner of a plot of land consisting of one or more adjacent lots, as defined in section 38.700.020 of this chapter, in a subdivision of record does not own sufficient land within the lot of record to enable the owner to conform to the minimum lot size requirements, or does not have sufficient lot width to conform to the minimum lot width requirements, such plot of land may nevertheless be used as a building site. The lot dimension requirements of the district in which the piece of land is located may be reduced by the smallest amount that will permit a structure of acceptable size to be built upon the lot, with such reduction to be determined by the review authority designated in section 38.200.010. Existing buildings on nonconforming lots may be expanded without deviations or variances so long as the expansion does not increase or create one or more nonconformities. 1. In the R-S, R-1 and R-2 districts, the reduction must permit only a single-household residence. 2. In the R-3, R-4 and R-O districts, the reduction must permit only a duplex two unit structure. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 162 December 20, 2017 UDC update 7-28-2017 draft B. No lot, even though it may consist of one or more adjacent lots in common ownership at the time of passage of the ordinance from which this chapter is derived, must may be reduced in size so that lot width or size of setbacks or lot area per household or any other requirement of this chapter is not maintained except as provided for in this chapter. This section views lots as merged for the purposes of planning and zoning regulation of bulk, size, or similar dimensional standards only, and does not aggregate individual parcels of land in a manner affected by MCA 76-3-103(17)(b). This section must does not apply when a portion of a lot is acquired for a public purpose. C. Adjacent parcels which do not conform to minimum lot requirements, and which are in common ownership, must beare considered individual lots of record for the purposes of this code only if they are each greater than one acre in size and were created prior to the passage of the ordinance codified in this chapter. Sec. 38.280.040. - Nonconforming structures. (38.32.040) A. Any nonconforming structure lawfully existing upon the effective date of the ordinance from which this chapter is derived may be continued at the size and configuration existing upon such date except as hereinafter specified, or in the case of signage as specified in division 38.560 of this chapter and lighting as specified in section 38.560.200. B. The right to operate and maintain a nonconforming structure must terminates when the structure is destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction. However, in the event of damage by natural disaster to the extent described herein, said nonconforming nonresidential structure may be reestablished through a conditional use permit procedure as set forth in division 38.230 of this chapter. Such restoration must comply to the maximum extent feasible with the requirements of this chapter. C. Normal maintenance of a lawful nonconforming structure is permitted, including necessary structural repairs provided such structural repairs do not enlarge the structure or intensify the use. Sec. 38.280.050. - Changes to or expansions of nonconforming structures. (38.32.050) A. A lawful nonconforming structure must not be changed except in conformance with the requirements of the zone in which it is located or as provided in this division. B. A lawful nonconforming structure may be expanded through the plan review process required by divisions 38.340 and 38.230 of this chapter. Unless the proposed expansion would create a new nonconformity or increase an existing nonconformity, no deviation or variance is required for the expansion. C. If a lawful nonconforming structure is proposed to be changed or expanded in a manner which would increase the degree of nonconformity, or would create a new nonconformity, a deviation or variance must be properly granted prior to or in conjunction with the site development approval required in divisions 38.340, and 38.230 of this chapter. D. The maintenance and reconstruction of existing nonconforming residential structures is allowed, in compliance with applicable fire and building codes, as well as, the provisions of this division, so long as the number of dwelling units on the lot is not increased. Maintenance activities may not increase the degree of nonconformity. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 163 December 20, 2017 UDC update 7-28-2017 draft Figure 38.280.050 Clarifying acceptable and unacceptable examples of expanding non-conforming structures. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 164 December 20, 2017 UDC update 7-28-2017 draft ARTICLE 3. ZONING DISTRICTS & LAND USES Contents: 38.300 Zones, Maps & Designations (Article 7) 38.310 Permitted Uses (related portions of Articles 8-14) 38.320 Form & intensity standards (related portions of existing Articles 8-14) 38.330 Zone specific provisions (related portions of existing Articles 9-15 that don’t fit in 38.320) 38.340 Overlay district provisions (existing Articles 16-18) 38.350 General land use standards & requirements (most of Articles 21) 38.360 Index of supplemental use criteria (existing Article 22) 38.370 Wireless facilities (existing Article 29) 38.380 Affordable housing - (existing Article 43) 38.300 Zones, Maps & Designations (Article 7) FOOTNOTE(S): --- (6) --- State Law reference— Municipal zoning, MCA 76-2-301 et seq. Part 1: Zoning Districts & Zoning Map Sec. 38.300.010. - Purpose. (new) Individual zoning districts are adopted for the purposes described in section 38.100.040. Furthermore: A. A variety of districts is established to provide locations for the many uses needed within a healthy and dynamic community. B. Each district, in conjunction with other standards incorporated in this chapter, establishes allowable uses of property, separates incompatible uses, and sets certain standards for use of land. C. This provides predictability and reasonable expectation in use of land within particular zoning designations and sites. D. The zoning provisions implement the community goals and objectives that are contained in the city's adopted growth policy. E. Zoning districts and the zoning map communicate the City’s expectation for land use in each particular district. Sec. 38.300.020. - Use districts designated, zoning map adopted. (38.07.010) A. The city is divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is adopted by this reference and declared to be a part of this chapter. B. The purpose statements for each zone and map designation set forth in part 2 of this division shall be used to guide the application of the zones and designations to all lands in the city. The purpose BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 165 December 20, 2017 UDC update 7-28-2017 draft statements also shall guide interpretation and application of land use regulations within the zones and designations, and any changes to the range of permitted uses within each zone through amendments to this title. For the purpose of this chapter, the city is divided and classified into the following use districts: R-S Residential Suburban District R-1 Residential Single-Household Low Density District R-2 Residential Two-Household Medium Density District R-3 Residential Medium Density District R-4 Residential High Density District R-5 Residential Mixed-Use High Density District R-O Residential-Office District RMH Residential Manufactured Home Community District B-1 Neighborhood Business District B-2 Community Business District B-2M Community Business District - Mixed B-3 Central Downtown Business District UMU Urban Mixed-Use District M-1 Light Manufacturing District M-2 Manufacturing and Industrial District B-P Business Park District PLI Public Lands and Institutions District NEHMU Northeast Historic Mixed-Use District NC Neighborhood Conservation Overlay District EO Entryway Corridor Overlay District CO Casino Overlay District REMU Residential Emphasis Mixed-use District C. Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 166 December 20, 2017 UDC update 7-28-2017 draft D. Individual zoning districts are adopted for the purposes described in section 38.100.040. A variety of districts is established to provide locations for the many uses needed within a healthy and dynamic community. Each district, in conjunction with other standards incorporated in this chapter, establishes allowable uses of property, separates incompatible uses, and sets certain standards for use of land. This provides predictability and reasonable expectation in use of land within particular zoning designations and sites. Sec. 38.300.030. - Official map availability, certification and authority; changes. (38.07.020) A. The official maps must be available in the community development department and must bear a certificate with the signature of the mayor attested by the city clerk and the date of adoption of the ordinance codified in this chapter. B. This certificate should read as follows: This is to certify that this is an Official Zoning Map referred to in section ____________ of Ordinance No. ____________ of the City of Bozeman, Montana. Mayor ____________ Attested ____________ Date of Adoption ____________ C. Regardless of the existence of purported copies of the official zoning maps, which may from time to time be made or published, the official zoning maps kept in the community development department must be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city. Sec. 38.300.040. - Official map replacement conditions. (38.07.030) A. In the event that the official zoning maps become damaged, destroyed, lost or difficult to interpret because of the nature or number of changes or additions thereto, the city commission may adopt and certify new official zoning maps which must supersede the prior official zoning maps. The new official zoning maps may correct drafting or other errors or omissions in the prior map, but no such corrections shall have the effect of amending the original official zoning maps or any subsequent amendment thereof. B. If any changes to the map are made by amendment of this chapter in accordance with division 38.260 of this chapter, such changes must be made to the official zoning maps and signed, dated and certified upon the map or upon the material attached thereto. Interpretations per 38.300.050 and revisions to the map to accommodate annexations and other changes necessitating interpretation must be reflected. C. The new official zoning maps must be identified by signature of the mayor attested by the city clerk. The certificate should read as follows: This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted as part of Ordinance No. ____________ of the City of Bozeman, Montana. Mayor ____________ Attested ____________ Date of Adoption ____________ BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 167 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.300.050. - Boundary interpretation guidelines. (38.07.040) A. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the boundaries must be interpreted as following the nearest logical line to that shown: 1. Boundaries indicated as approximately following the centerline of streets, highways or alleys must be construed to follow such centerlines; 2. Boundaries indicated as approximately following platted lot lines must be construed as following such lot lines; 3. Boundaries indicated as approximately following city limits must be construed as following such city limits; 4. Boundaries indicated as following railroad lines must be construed to be midway between the main track or rails; 5. Boundaries indicated as following the centerline of streams, rivers, canals or ditches must be construed to follow such centerlines; and 6. Boundaries indicated as parallel to or extensions of features indicated on the official zoning map must be determined by the scale of the map. 7. When a parcel subject to two or more districts is subdivided and the district boundary is near a new parcel boundary the district must be construed to follow the new boundary. B. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or where other circumstances or controversy arise over district boundaries, the community development director must interpret the district boundary. Such interpretation is subject to appeal as set forth in division 38.250 in this chapter. C. Where district boundaries divide a lot or parcel into two or more districts, the following rule applies: For the purpose of determining permitted uses and development form and intensity, the community development director may allow minor adjustments (up to 10 percent increase or decrease in area, not to exceed one acre, of either zone on the applicable lot) to the zoning boundary. The criteria for making such a determination must include an evaluation of site topography, proximity of non- compatible uses adjacent to the subject property, and overall function and integration of the development with the community. the entire lot or parcel shall be deemed to have only the characteristics and uses of the most restrictive district that any part of the lot or parcel rests within. However, for properties which lie partially within a specified overlay district, the planning director may determine that overlay district regulations shall apply only to that portion of the property lying within the specified overlay district. The criteria for making such a determination shall include an evaluation of site topography and the degree to which the development portion of the property lying outside of the overlay district is integrated with the development lying within the district. Sec. 38.300.060. - Zoning of annexed territory. (38.07.060) A. All territory which may hereafter be annexed to the city must, in conjunction with the annexation, be the subject of a zone map amendment in order to be designed designated and assigned to a city zoning district. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 168 December 20, 2017 UDC update 7-28-2017 draft B. Areas of annexed public right-of-way must be considered to be zoned according to the provisions of section 38.300.040.A. The city commission must determine the appropriate zoning for any and all areas to be annexed to the city but must request a recommendation from the zoning commission and must take into consideration the city growth policy. Any ordinance adopting such zoning amendment must not be effectivetake effect prior to the effective date of such annexation. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 169 December 20, 2017 UDC update 7-28-2017 draft Part 2: Zoning District Intent & Purpose Statements Sec. 38.300.100. – Residential zoning districts - intent and purpose. (38.08.010) A. The intent and purpose of the residential zoning districts is to establish areas within the city that are primarily residential in character and to set forth certain minimum standards for development within those areas. The residential districts also allow complementary non-residential uses. The purpose in having more than one residential district is to provide opportunities for a variety of housing types and arrangements within the community while providing a basic level of predictability. There is a presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied. The presumption of compatibility may be overcome by a showing of specific evidence through the development review process that proves a development to be non-compliant with applicable standards. Table 38.300.100 – Summary of housing types permitted in the residential zoning districts This table is intended to summarize key differences in the types of permitted housing types between the residential districts. This table is for illustrative purposes only. Please see Table 38.310.030 for the detailed use provisions. Table legend:  = Housing type permitted;  = Housing type allowed in limited circumstances and/or through special review process; No symbol = Housing type not allowed. Housing Types R-S R-1 R-2 R-3 R-4 R-5 Single household standard lot  Single household small lot  Accessory dwelling unit  Cottage housing  Two household dwelling  Three or four household dwelling  Townhouse or rowhouse (>4 attached units)  BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 170 December 20, 2017 UDC update 7-28-2017 draft Housing Types R-S R-1 R-2 R-3 R-4 R-5 Apartment building  Additional requirements for development apply within overlay districts. All development is subject to section 38.100.050. Residential density is correlated with many community goals and objectives that are contained in the city's adopted growth policy, as well as many standards and purposes of this chapter. Table 38.320.020 sets standards for minimum densities in residential districts which will advance these goals, objectives, and purposes. A. Residential suburban district (R-S). 1. The intent and purpose of the R-S residential suburban district is to commemorate and preserve existing RS zoning only. allow open space, resource protection and low density residential development. These purposes are accomplished by:primarily single-household development in circumstances where environmental constraints limit the desirable density. 1. All new sSubdivision and site plan developments in this district areshall be subject to the provisions of division 38.430 of this chapter, pertaining to planned unit development, and shall be developed in compliance with the adopted city growth policy. 2. Allowing permitted uses primarily single-household development in circumstances where environmental constraints limit the desirable density. 32. Providing for a minimum lot size in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas. 4. This district is not available for newly created subdivisions, undeveloped land, or any land annexed into the city on or after January 1, 2018. B. Residential single-household low density district (R-1). 2. The intent of the R-1 residential single-household low density district is to provide for primarily single-household residential development and related uses within the city at urban densities. These purposes are accomplished by: 1. Providing for a minimum lot size in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas. 2. , and to pProvidinge for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area. C. Residential two-household mediummoderate density district (R-2). 3. The intent of the R-2 residential two-household mediummoderate density district is to provide for one- and two-household residential development at urban densities within the city in areas that present few or no development constraints. These purposes are accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas. 2. Providing, and for community facilities to serve such development while respecting the residential quality and nature of the area. 3. Use of this zone is appropriate for areas with moderate access to parks, community services and/or transit. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 171 December 20, 2017 UDC update 7-28-2017 draft D. Residential medium density district (R-3). 4. The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. TheseThis purposes areis accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. It should provideProviding for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses. 3. Use of this zone is appropriate for areas with good access to parks, community services and/or transit. E. Residential high density district (R-4). 5. The intent of the R-4 residential high density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. TheseThis purposes areis accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. This will pProvidinge for a variety of compatible housing types, including single and multi- household dwellings to serve the varying needs of the community's residents. 3. Allowingthough some office use is permitted, it shall remain as a secondary use, to residential development. Secondary status shall be as measured by percentage of total building area. 4. Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. F. Residential mixed-use high density district (R-5). 6. The intent of the R-5 residential mixed-use high density district is to provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents. These purposes are accomplished by: 1. Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. 2. Allowing oOffices and small scale retail and restaurants are allowed as secondary uses provided special standards are met. 3. Use of this zone is appropriate for areas adjacent to mixed-use districts and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. G. Residential-office district (R-O). 7. The intent of the R-O residential-office district is to provide for and encourage the development of multi-household and apartment development and compatible professional offices and businesses that would blend well with adjacent land uses. These purposes are accomplished by: 1. Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 172 December 20, 2017 UDC update 7-28-2017 draft The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a nonresidential designation the primary use shall be office and other nonresidential uses. Primary use shall be measured by percentage of building floor area. . 2. Use of this zone is appropriate for areas characterized by office or multi-household development; and/or areas along arterial corridors or transitional areas between residential neighborhoods and commercial areas. H. Residential manufactured home community district (RMH). 8. The intent of the RMH residential manufactured home community district is to provide for manufactured home community development and directly related complementary uses within the city at a density and character compatible with adjacent development. The district is intended to be residential in character and consistent with the standards for other forms of residential development permitted by this chapter. Use of this zone is appropriate for existing mobile home parks and areas adjacent to commercial or mixed-use districts and/or served by transit. Sec. 38.300.110. - Commercial and mixed-use zoning districts - intent and purpose. (38.10.010) The intent and purposes of the commercial zoning districts are to establish areas within the city that are primarily commercial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one commercial district is to provide opportunities for a variety of employment and community service opportunities within the community, while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. A. Neighborhood business district (B-1). 1. The intent of the B-1 neighborhood business district is to provide for smaller scale retail and service activities frequently required by neighborhood residents on a day to day basis, as well as residential development as a secondary purpose, while still maintaining compatibility with adjacent residential land uses. Design standards emphasizing velopment Scale and pedestrian oriented designation are important elements of this district. Use of this zone is appropriate for areas functioning as a center for surrounding residential neighborhoods or a transitional areas between residential and more intensive commercial uses. B. Community business district (B-2). 2. The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Multi- household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of these districts. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes, and/or areas served by transit. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 173 December 20, 2017 UDC update 7-28-2017 draft C. Community business district - mixed (B-2M). 3. The intent of the B-2M community business district - mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential uses as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. A separation of this district from an Use of this zone is appropriate for areas served by transit and areas buffered from an R-S, R-1, or R-2 zone may be appropriate by a more intensive residential zone or other commercial or mixed-use zone. D. Central Downtown bBusiness district (downtown B-3). 4. The intent of the downtown B-3 central business district is to provide a central area for the community's business, government service and cultural activities with urban residential development as an essential supporting use. The downtown B-3 district should be the area of greatest density of development and intensity of use, and appropriate infill. Uses within this district should be appropriate to such a focal center with inappropriate uses being excluded. Design standards reinforcing the area’s historical pedestrian-oriented context are very important. Room should be provided in appropriate areas for logical and planned expansion of the present district. a. It is the intent of tThis district to encourages high volume, pedestrian-oriented uses in ground floor space in the "core area" of the city's central business district, i.e., along Main Street from Grand to Rouse and to the alleys one-half block north and south from Main Street. Lower volume pedestrian uses such as professional offices may locate on ground floor space in the downtown B-3 area outside the above-defined core. E. Urban mixed-use zoning district (UMU) (38.11.010) The intent and purposes of the UMU urban mixed-use ("UMU") district is are to establish areas within the city that are mixed-use in character, and to set forth certain minimum standards for development within those areas which encourage vertical mixed-use development with high density. The purpose in having an urban mixed-use district is to provide options for a variety of employment, retail and community service opportunities within the community, with incorporated opportunity for some residential uses, while providing predictability in uses and standards to landowners and residents in uses and standards. . There is a rebuttable presumption that the uses set forth for each district will be compatible both within the individual districts and to with adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. 1. It is the further the intent of this district to: a. Allow a mixture of complementary land uses which encourages mixed uses on individual floors including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality and to encourage the linking of trips; b. Foster the development of vertically oriented mixed uses, in contrast to single use development distributed along high vehicle capacity roadways; c. Encourage development that exhibits the physical design characteristics of vibrant, urban, pedestrian-oriented, storefront-style shopping streets with pedestrian amenities; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 174 December 20, 2017 UDC update 7-28-2017 draft e. Provide flexibility in the siting and design of new developments and redevelopment to anticipate changes in the marketplace; F. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, and on-street parking; gd. Provide roadway and pedestrian connections to residential areas; h. Provide transitions between high-traffic streets and adjacent residential neighborhoods; i. Encourage efficient land use by facilitating compact, high-density, multi story development and minimizing the amount of land that is needed for surface parking; j. Facilitate development (land use mix, density and design) that supports public transit, where applicable; ke. Provide appropriate locations and design standards for automobile and truck-dependent uses; l. Maintain mobility along traffic corridors while supporting the creation of "places" or centers which will create lasting and enduring, long-term value to the community; m. Emphasize the need to serve the adjacent, local neighborhood and also the greater city area as well; n. Minimize parking lots through shared uses of mixed uses; of. Create central urban gathering places such as community squares or plazas; p. Facilitate designs of each mixed use to help ensure long-term financial viability of each mixed use; qg. Allow for urban oriented recreational activities consistent with the standards and intent of the district; and rh. To encourage and support the use of sustainable building practices. 2. To accomplish the intent of the district, the UMU district should ideally be located at the intersections of major traffic corridors;, that is, at the intersections of two arterials, or, less frequently, an arterial and a collector street. The major intersections should have or be planned to have a stop light or other active traffic control. While placement at major intersections is a necessary precondition, not all major intersections should have the UMU district adjacent to them. Additionally, placement of this district should be adjacent or near to dense residential development to enhance walking and bicycle use. F. Residential emphasis mixed-use zoning district (REMU) - intent and purpose. (38.09.010) A. The intent and purpose of the residential emphasis mixed-use (REMU) district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by:, while providing predictability to landowners and residents in uses and standards. There is a rebuttable presumption that the uses set forth for the district will be compatible both within the district and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. All development is subject to section 38.100.050. 1. It is further the intent of this district to implement the principles of the adopted growth policy: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 175 December 20, 2017 UDC update 7-28-2017 draft 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Providing standards and guidelines that emphasize the development of livable n Promoting Nneighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate adjacent to residential neighborhoods that can sustain commercial uses within walking distance; g. Incorporate a wider range of housing types; and hg. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets.; 5. Providing standards and guidelines that emphasize a sSense of pPlace: ah. Support or add to an existing neighborhood context; bi. Enhance an existing neighborhood's sense of place and strive to make it more self- sustainable; cj. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; dk. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and el. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets.; 6. Providing standards and guidelines that emphasize nNatural aAmenities: am. Preserve and integrate the natural amenities into the development; and bn. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood.; 7. Providing standards and guidelines that emphasize the development of cCenters: ao. Group uses of property to create vibrant centers; bp. Where appropriate create a center within an existing neighborhood; cq. Facilitate proven, market driven projects to ensure both long and short-term financial viability; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 176 December 20, 2017 UDC update 7-28-2017 draft dr. Allow an appropriate blend of compleimentary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; es. Foster the master plan development into a mix of feasible, market driven uses; ft. Emphasize the need to serve the adjacent, local neighborhood and also as well as the greater Bozeman area as well; and gu. Maximize land use efficiency by encouraging shared use parking.; 8. Promoting the iIntegration of aAction: av. Support existing infrastructure that is within and adjacent to REMU zones; w. Add to existing transportation and open space network, encourage pedestrian and bicycle travel; bx. Encourage thoughtfully developed master planned communities with thoughtful development; cy. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; z. Provide roadway and pedestrian connections to residential areas; aa. Facilitate development (land use mix, density and design) that supports public transit, where applicable; dbb. Provide flexibility in phasing to help insure ensure both long and short term financial viability 006Fffor the project as a whole; Urban Density: cc. Encourage efficient land use by facilitating, high-density, single or multi-story housing, commercial and retail development; dd.Provide transitions between high-traffic streets and adjacent residential neighborhoods and 9. Providing standards and guidelines that promote sSustainable designility: ee. Promote sustainable communities through careful planning. 10. Use of this zone is appropriate for sites at least 5five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. 2. To accomplish the intent of the district, the REMU district may be located within existing and established neighborhoods, or located in new undeveloped areas of the city. Implementation of certain regulations herein may be implemented with regard to the specific characteristics and location of a development site. REMU districts should be located adjacent to or near planned or existing residential development to enhance walking and bicycle use. G. Northeast historic mixed-use district - intent and purpose. (38.14.010) 1. The intent of the northeast historic mixed-use district is to provide recognition of an area that has developed with a blend of uses not commonly seen under typical zoning requirements. The unique qualities and nature of the area are not found elsewhere in the city and should be preserved as a place offering additional opportunities for creative integration of land uses. The intent of this area is to allow private and case-by-case determination of the most appropriate use of land in a broad range of both nonresidential and residential uses. Standards for buffering between different land uses are deliberately not as high as standards elsewhere in the BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 177 December 20, 2017 UDC update 7-28-2017 draft community as it is assumed that persons choosing to locate in this area are aware of the variety of possible adjacent land uses and have accepted such possibilities as both acceptable and desirable. It is expected that the lots within this district will continue to develop under a variety of uses which may increase or decrease in scope in any given portion of the district. 2. The clear intent of this district is to support a mix and variety of nonresidential and residential uses. Nothing in division 38.300 of this article shall be interpreted to be discouraging or prejudicial to any listed use except as set forth as principal and conditional uses. Sec. 38.300.120. - Industrial zoning districts - intent and purpose. (38.12.010) A. The intent and purpose of the industrial zoning districts is to establish areas within the city that are primarily industrial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one industrial district is to provide opportunities for a variety of employment and community service functions within the community while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. A. Light manufacturing district (M-1). 1. The intent of the M-1 light manufacturing district is to provide for the community's needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore, some type of screening may be necessary. B. Manufacturing and industrial district (M-2). 2. The intent of the M-2 manufacturing and industrial district is to provide for heavy manufacturing and industrial uses, servicing vocational and employment needs of city residents. C. Business park district (B-P). 3. The intent of the B-P business park district is to provide for high quality settings and facilities for the development of a variety of compatible employment opportunities. These areas should be developed so as to recognize the impact on surrounding or adjacent development and contribute to the overall image of the community. Compatibility with adjacent land uses and zoning is required. Requirements for creation of a historic mixed-use district. (Article 15) A. Description and purpose. Due to historical development patterns, certain areas of the city are characterized by a mixture of uses such as residential and commercial uses, or residential and industrial uses, which are normally segregated under standard zoning districts. In some instances, provisions for a continuation of a mixture of uses will serve both the public interest and allow a more equitable balancing of private interests than would the utilization of a standard zoning district. Because of the variety of circumstances which exist in different areas of the city, and the different treatment accorded those areas in the growth policy, it is not possible to establish a zoning district with uniform listing of uses and standards which is applicable to all such areas. Therefore, the historic mixed-use (HMU) district is intended to provide procedures and criteria for recognition of such areas and for the development of standards governing each application of the district to a particular area. It is further intended that the HMU district will be very selectively used and shall not be used as a mechanism to discourage development of any permitted use within the district. B. Criteria for establishment of the historic mixed-use district. Before any area is designated as a HMU district, the city commission shall make affirmative findings that: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 178 December 20, 2017 UDC update 7-28-2017 draft 1. The area to be classified as a HMU district includes the approximate equivalent of at least one standard city block of 300 feet by 300 feet, not held in single ownership unless developed over time while held in multiple ownership; 2. A special study of the area has been completed showing how the proposed historic mixed-use district would be integrated with the surrounding area consistent with the objectives of the growth policy and other applicable policies adopted by the city; 3. At least 50 percent of the lots to be classified as an historic mixed-use district are already developed with structures; 4. The existing development has occurred over a period of years and is characterized by a mixture of uses not permissible under a single zoning classification and includes a representative sampling of uses in the immediate area; 5. None of the standard zoning districts are capable of, or suitable for, promoting the objectives of the growth policy applicable to preexisting nonconforming uses; 6. The uses to be permitted within the HMU district will be compatible with one another and will provide a functional and healthful environment; and 7. The uses to be permitted and the development standards to be applied in the proposed district will promote the objectives of the growth policy and other applicable policies adopted by the city. C. Historic mixed-use district elements. 1. Because the HMU district is designed to be applied to diverse situations, the specific mixture of uses permitted and the development standards required will have to be specified for each application of the district to a particular area. Therefore, the ordinance applying the HMU district to a specific area shall contain the following elements: a. A description and purpose section setting forth the specific purposes the district is intended to accomplish in the particular situation; b. A use section setting forth the activities or categories of activities to be permitted, or the performance standards to be used in evaluating specific activities. This section shall govern the uses within a particular HMU district; and c. A standards section setting forth general development standards governing parking, lot coverage, setbacks, height limitations and other factors which are either different from or supplemental to the normal standards of this chapter. 2. Exemption. When an area has been classified as an HMU district, the general building and development standards set forth in this chapter shall govern. However, if the special development standards set forth under section 38.300.130.C.1.c are more restrictive than the general development standards, the special development standards set forth under subsection C of this section shall prevail. D. Initiation, procedures and notice. Application for HMU district designation shall be administered under the provisions established in division 38.260, Text and Map Amendments, of this chapter. Sec. 38.300.130. - Public lands and institutions district - intent. (38.13.010) The intent of the PLI public lands and institutions district is to provide for major public and quasi-public uses outside of other districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within another district;, however, larger areas will be designated PLI. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 179 December 20, 2017 UDC update 7-28-2017 draft 38.310 Permitted Uses (related portions of Articles 8-14) Sec. 38.310.010. – Interpretation of land use tables. (38.08.020 and new) A. Uses in the various districts are depicted in Tables 38.310.030-.040. Principal uses are indicated with a "P," conditional uses are indicated with a "C," special uses are indicated with a “S”, accessory uses are indicated with an "A" and uses which are not permitted within the district are indicated by a "-." B. Additional uses for wireless facilities are contained in sections 38.370.010 to 38.370.040. C. The uses listed are deliberately broad and some are given special definitions in article 7 of this chapter. The intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each proposal to be specifically addressed through the review process. Some uses are the subject of special regulations contained in division 38.360 of this article. D. Clarification of permitted uses and special conditions: 1. If a * appears after the use, then the use is defined in article 7. 2. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 3. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. 4. Where a number with a “sf” reference appears below a P or C in the box, it means that the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. 5. If more than one letter–number combination appears in the box (e.g., P2, 3), the use is allowed in the zone subject to different sets of limitations or conditions depending on the review process indicated by the letter, the general requirements of the code and the specific conditions indicated in the development condition with the corresponding number immediately following the table. Sec. 38.310.020. - Classification of particular uses; community development director and city commission authority. (38.07.050) A. When a use is not clearly defined or otherwise identified in the code so that it may be determined if it is allowed within a district TtheA. The community development director must determine the appropriate classification of a particular use. In making this determination, the community development director must find: 1. That the use is the same as one or more uses permitted in the district wherein it is proposed to be located; or 2. That the use is so similar to one or more uses permitted in the district wherein it is proposed to be located as to be interpreted as the same, so long as: a. The use and its operation are compatible comparable with the uses permitted in the district wherein the use is proposed to be located, in terms of: i. The amount, type, and pattern of vehicular traffic anticipated for the use;, and ii. The expected outdoor uses and activities associated with the use.; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 180 December 20, 2017 UDC update 7-28-2017 draft b. The use will not cause substantial injury to values of property in the neighborhood or district wherein it is proposed to be located; and c. Neither the intent of this chapter nor the intent of the district will be abrogated by such classification. Persons objecting to thea decision of the community development director regarding a classification of a use carry the burden of proof to establish error in the decision. B. If a question arises concerning the appropriate classification of a particular use, the community development director may submit the question to the city commission to determine whether the particular use is the same or so similar as to be interpreted the same as a listed permitted or conditional use. In making such a determination, the city commission must find that the criteria set forth in either subsection A.1 or 2 of this section are met. C. If a specific use is not listed and cannot be interpreted to be the same, or so similar so as to be interpreted the same, as a listed accessory, principal or conditional use, the use must not be allowed. However, an amendment to the text of this chapter may be submitted for review and approval pursuant to the requirements of this chapter to allow such use as a listed principal, conditional or accessory use (as defined in section 38.700.020). Sec. 38.310.030 - Authorized uses - residential zoning districts. (38.08.020) Table 38.310.030.A – Permitted general and group residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Table of Residential Uses Authorized UsesZoning districts R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH General residential Accessory dwelling units* - attached (38.360.040)2 PC PC P P P P P — Accessory dwelling units* - detached (38.360.040)2 C S3 CS3 P P P P P — Apartments/apartment building* — — — — P P P — Cottage housing (38.360.110)* P P P P P P P P Manufactured homes on permanent foundations (38.360.160)* P P P P P P P P Manufactured home communities (38.360.180)* — — — — — — — P Single-household dwelling (38.360.210) P P P P P P P P BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 181 December 20, 2017 UDC update 7-28-2017 draft Table of Residential Uses Authorized UsesZoning districts R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH Three household dwelling (38.360.210) - or four-household dwelling — — — P P P P — Two-household dwelling (38.360.210) — — P P P P P — Townhouses* & rowhouses* (two attached units) (38.360.240) P3 P3 P P P P P P3 Townhouses* & rowhouses* (five attached units or less) (38.360.240) — — — P4 P P P — Townhouses* & rowhouses* (more than five attached units) (38.360.240) — — — — P P P — Group residential Community residential facilities* with eight or fewer residents P P P P P P P P Community residential facilities* serving nine or more residents — — — CS P P P — Cooperative householding* CS CS CS P P P P SC Family day care home* P P P P P P P P Fraternity and sorority houses — — — C P — P — Group day care home* P P P P P P P P Group living (38.360.1510)* P P P P P P P P Lodging houses* — — — CS P P P — Notes: 1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a nonresidential designation the primary use shall be office and other nonresidential uses. Primary use shall be measured by percentage of building floor area. 2. Not permitted on reduced size lots for work force housing as described in division 38.380 of this article. 3. Accessory dwelling units in the RS and R1 districts must be permitted to be placed above garages only in subdivisions receiving preliminary plat approval after January 1, 1997. 3. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of division 38.380, Affordable Housing. May only be utilized in developments subject to division 38.380 of this article. 4. In the R-3 district, townhouse groups must not exceed 120 feet in total width. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 182 December 20, 2017 UDC update 7-28-2017 draft Table 38.310.030.B – Permitted accessory and non-residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Table of Residential Uses Authorized UsesZoning districts R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH Accessory uses Essential services Type I* A A A A A A A A Fences A A A A A A A A Greenhouses* A A A A A A A — Guest houses* A A A A A A A — Home-based businesses (38.360.140)* A/CS A/CS A/CS A/CS A/CS A/CS A/CS A/CS Other buildings and structures typically accessory to authorized uses A A A A A A A A Private garages A A A A A A A A Private or jointly owned recreational facilities A A A A A A A A Private stormwater control facilities A A A A A A A A Private vehicle and boat storage A A A A A A A A/C5 Signs*, subject to article 5 of this chapter A A A A A A A A Temporary buildings and yards incidental to construction work A A A A A A A A Temporary sales and office buildings A A A A A A A A Tool sheds for storage of domestic supplies A A A A A A A A Non-residential uses Agricultural uses* on 2.5 acres or more (38.360.060) P — — — — — — — Agricultural uses* on less than 2.5 acres (38.360.060) C — — — — — — — Bed and breakfast* C C C C P P P — Commercial stable (38.360.220) C — — — — — — — BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 183 December 20, 2017 UDC update 7-28-2017 draft Table of Residential Uses Authorized UsesZoning districts R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH Community centers* C C C C C C P C Day care centers* CS CS CS P P P P CS Essential services Type II* P P P P P P P P Essential services Type III*2 C C C C C C C C Short Term Rental (Type 1)* P P P P P P P — Short Term Rental (Type 2)* — — P P P P P — Short Term Rental (Type 3)* — — — — — — — — Golf courses C C —C — — — — —C Offices* — — — — C S3 CS3 P — Public and private parks P P P P P P P P Medical offices, clinics, and centers* — — — — C C3 P — Recreational vehicle parks (38.360.200)* C — — — — — — P Restaurant — — — — — P4 — — Retail — — — — — P4 — — Uses approved as part of a PUD per division 38.380 of this article C C C C C C C C Veterinary uses CS — — — — — — — Notes: 1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a nonresidential designation the primary use shall be office and other nonresidential uses. Primary use shall be measured by percentage of building floor area. . 2. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 3. Only when in conjunction with dwellings. 4. Subject uses are limited to 2,500sf of gross floor area and only allowed on street corner sites within a mixed- use building featuring residential units next to and/or above subject uses. 5. Storage for more than three recreational vehicles or boats. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 184 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.310.040. - Authorized uses – commercial, mixed-use, and industrial and historical zoning districts. Table 38.310.040.A – Permitted general sales uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. 5. Where a number with a “sf” reference appears below a P or C in the box, it means that the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. Table of Uses Zoning districts Commercial Mixed Use Industrial PLI B-11 B-2 B-2M B-3 UMU (38.310. 050) REM U (38.310. 060) NEH MU2 BP M-1 M-2 General sales Automobile, boat or recreational vehicle sales, service and/or rental - - - - - - P - p P - Automobile fuel sales or repair (38.360.070)* CS CS CS CS CS CS P - p P - Convenience uses (38.360.100)* P P C C P P - - - - Heavy retail establishment* P P C P C P - P P - Restaurants* P3 P P P P P P 1,500sf - P3 P3 - Retail*  0-5,000sf GFA P4 P4 P4 P4 P4 P4,5 A6 C7 A6 A6 C7 A6 C7 -  5,001-24,999sf GFA P4 P4 P4 P4 P4,5 A6 C7 A6 A6 C7 A6 C7 -  25,000sf- 39,999sf GFA P4 P4 P4 P4 A6 C7 A6 A6 C7 A6 C7 - BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 185 December 20, 2017 UDC update 7-28-2017 draft Table of Uses Zoning districts Commercial Mixed Use Industrial PLI B-11 B-2 B-2M B-3 UMU (38.310. 050) REM U (38.310. 060) NEH MU2 BP M-1 M-2  Over 40,000sf GFA (Retail, large scale - 38.360.150)* - P4 P4 - CS - - - - - - Sales of alcohol for on-premise consumption (38.360.060) CS8 CS8 C8 CS8 CS8,9 CS8,9 CS8 - C8,10 C8,10 - Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in this table). 3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet, whichever is less, or occupying not more than 45 percent of the gross floor area of a food processing facility. 4. Excluding adult businesses as defined in section 38.700.020 of this chapter. 5. Special REMU district conditions based on the amount of on-site retail uses: a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are limited to no more than four structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C. b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are limited to no more than two structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C. 6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20 percent of gross floor area or 10,000 square feet, whichever is less. 7. Retail establishments as a primary use are conditionally permitted. 8. Also subject to chapter 4, article 2. 9. No gaming allowed. 10. Sales of alcohol for on-premise consumption in the M-1 and M-2 districts are permitted with the following conditions: a. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility; and/or b. Retail sales for on-premise consumption of alcohol produced on site, not to exceed 10,000 square feet or 50 percent of the facility, whichever is less. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 186 December 20, 2017 UDC update 7-28-2017 draft Table 38.310.040.B – Permitted services & temporary lodging uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. 5. Where a number with a “sf” reference appears below a P or C in the box, it means that the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. Table of Uses Zoning districts Commercial Mixed Use Industrial PLI B-11 B-2 B-2M B-3 UMU (38.310. 050) REM U (38.310. 060) NEH MU2 BP M-1 M-2 Personal & general service Ambulance service - P P P P - P - P P P Animal shelters - - - - - - C - CS CS - Automobile washing establishment* C P P C C C P - P P - Banks and other financial institutions P P P P P P P C P C - Daycare—Family, group, or center* P3 P3 P3 P3 P3 P3 CS/ A CS/ A4 C/ A4 C/ A4 C General service establishment* P P P P P P P C P C - Health and exercise establishments* P3 CS P3 P3 P3 P3 P P C P P - Heavy service establishment* P P C P C P - P P Hospitals* - P P C P C - P - - - Laundry service center - C C C P P - - - - - Light goods repair* - C C A P P P - P P - BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 187 December 20, 2017 UDC update 7-28-2017 draft Table of Uses Zoning districts Commercial Mixed Use Industrial PLI B-11 B-2 B-2M B-3 UMU (38.310. 050) REM U (38.310. 060) NEH MU2 BP M-1 M-2 Medical and dental offices, clinics and centers* P3 CS P3 P3 P3 P3 P3 P P P P - Mortuary - CS SC SC SC - - - - - - Offices* P3 CS P3 P3 P3 P3 P3 P P5 P P - Personal and convenience services* P P P P P P A A A A - Personnel service facilities providing services, education, food and convenience goods primarily for those personnel employed in the principal use* - - - - - - A A A A - Pet grooming shop P P P P P P - - - - - Truck repair, washing, and fueling services - - - - - - C - C P - Upholstry shops (excluding on-site upholstery service for cars, boats, trailers, trucks and other motorized vehicles requiring overnight storage) - P P P6 P - - - - - - Veterinary clinic - C C - P C P P P P - BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 188 December 20, 2017 UDC update 7-28-2017 draft Table of Uses Zoning districts Commercial Mixed Use Industrial PLI B-11 B-2 B-2M B-3 UMU (38.310. 050) REM U (38.310. 060) NEH MU2 BP M-1 M-2 Temporary lodging Bed and breakfast* - - - - - P C - - - - Short Term Rental (Type 1)* - P P P P P P - - - - Short Term Rental (Type 2)* - P P P P P P - - - - Short Term Rental (Type 3)* - P P P P P - - - - - Extended-stay lodgings - P P P P P 40,000s f C - - - - Hotel or motel* - P P P P P 40,000s f P - P P - Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in this table). 3. Only lobbies for the applicable use are allowed on designed Storefront block frontages as set forth in 38.510.020. Otherwise, the applicable use is permitted wWhen located on the second or subsequent floor, or basement, as defined in section 38.700.030 of this chapter. 4. If primarily offering services to a single business or group of businesses within the same building or building complex. 5. Professional and business offices only. 6. Except on the ground floor of the core area as defined in this article. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 189 December 20, 2017 UDC update 7-28-2017 draft Table 38.310.040.C – Permitted residential uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. Uses Zoning districts Commercial Mixed Use Industrial PLI B-11 B-2 B-2M B-3 UMU (38.310. 050) REM U (38.310. 060) NEH MU2 BP M-1 M-2 General residential Accessory dwelling unit (38.360.040) - P P - - - - Apartments*3 P4 P4 P5 P5 P P A6 - A6 A6 - Apartment buildings*3 - C P P5 P P - - - - - Cottage housing (38.360.110)* - - - - - P - - - - - Single household dwelling (38.360.210) - - - - - P P - - - - Three household dwelling (38.360.210) or four-household dwelling - - - - - P - - - - - Townhouses*3 & rowhouses* (38.360.240) P4,7 C7 P97 P710 - P8 P - - - - Two-household dwelling (38.360.210) - - - - - P P - - - - Live-work units* P P P P P P P Ground floor residential C P5 P5 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 190 December 20, 2017 UDC update 7-28-2017 draft Uses Zoning districts Commercial Mixed Use Industrial PLI B-11 B-2 B-2M B-3 UMU (38.310. 050) REM U (38.310. 060) NEH MU2 BP M-1 M-2 Group residences Community residential facilities with eight or fewer residents* P4 P4, 5 P4, 5 P4, 510 P4, 5 P P - - - - Community residential facilities serving nine or more residents* - C C - P P - - - - - Cooperative household* - - - - - P C - - - - Group living (38.360.1510)* P4 P4 P5 P4 - P P - - - - Lodging houses* - C C5 C3 P P - - - - - Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren’t addressed in this table). 3. May be subject to the provisions of chapter 38, article 380. 4. When located on the second or subsequent floor, or basement as defined in section 38.700.030 of this chapter. Lobbies associated with residential uses are allowed on the ground floor. 5. Non-residential uses (except for lobbies associated with residential uses) are required on the ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to designated Storefront Streets per section 38.500.010. 6. For the purpose of this section, accessory means less than 50 percent of the gross floor area of the building, and not being located on the ground floor. 7. Five or more attached units. 8. Five or fewer attached units or less. . 9. Non-residential uses are required on the ground floor to a minimum depth of 20 feet from front building facade on properties adjacent to designated Storefront Streets per section 38.44.010. 10. Except on the ground floor of the core area as defined in this article. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 191 December 20, 2017 UDC update 7-28-2017 draft Table 38.310.040.D – Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. Uses Zoning districts Commercial Mixed Use Industrial PLI B-11 B-2 B-2M B-3 UMU (38.310. 050) REM U (38.310. 060) NEH MU2 BP M-1 M-2 Industrial & Wholesale Food processing facilities* - C C - - - P - P P - Frozen food storage and locker rental - p p - - - - - - - - Junk salvage or automobile reduction/salvage yards - - - - - - - - - C - Laboratories, research and diagnostic - P P P14 P P 10,000s f P P P P - Manufacturing, artisan* P P P P3 P P P P P P - Manufacturing (light)* - CS CS C4 P5 P6 5,000sf P P5 P5 P - Manufacturing (moderate)* C C P P P P Manufacturing (industrialheavy) * - - - - - - - - C- P - Outside storage - - - - - - P A A7 P A7 P A7 - BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 192 December 20, 2017 UDC update 7-28-2017 draft Uses Zoning districts Commercial Mixed Use Industrial PLI B-11 B-2 B-2M B-3 UMU (38.310. 050) REM U (38.310. 060) NEH MU2 BP M-1 M-2 Printing offices and publishing establishments - - - C C P 5,000sf - - - - - Refuse and recycling containers A A A A A A A A A A - Warehousing* - - - - - - P - P P - Warehousing, residential storage (mini warehousing) (38.360.180)* - - - - - - P - P P - Wholesale distributors with on-premise retail outlets (providing warehousing is limited to commodities which are sold on the premises) - C C - P C 10,000s f - - - - - Wholesale establishments (ones that use samples, but do not stock on premises) - P P P P C 5,000sf - - - - - Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren’t addressed in this table). 3. For uses in the downtown core as described below in 38.300.120.A.3.a and located on the ground floor adjoining Main Street, a high volume, pedestrian-oriented use adjoining the building's entrance on Main Street is required. The downtown core includes those properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street. 4. Except on the ground floor in the downtown core (those properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street). 5. Completely enclosed within a building. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 193 December 20, 2017 UDC update 7-28-2017 draft 6. Limited to 5,000 square feet in gross floor area.Completely enclosed within a building. 7. Only if accessory to a principal use and if screened from the street and surrounding properties by a solid fence or dense plantings at least six feet in height. Note — Additional uses for telecommunication facilities are provided for in division 38.370 of this article. Table 38.310.040.E – Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. 5. Where a number with a “sf” reference appears below a P or C in the box, it means that the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. Uses Zoning districts Commercial Mixed Use Industrial PLI B-11 B-2 B-2M B-3 UMU (38.310. 050) REM U (38.310. 060) NEH MU2 BP M-1 M-2 Public, educational, government & regional Business, trade, technical or vocational school - CP CP P3 P P -P -P -P -P - Bus terminals - C C C C - - - - - - Cemeteries* - - - - - - - - - - P Essential services (38.360.1240)  Type I A A A A A A A A A A A  Type II P P P P P P P P P P P  Type III C4 P P C4 C C4 P C P P P P Meeting hall - P P P P P - - - - - Museum - C C C P P - - - - p Other public buildings, e.g. fire and police stations and - - - - - - - - - - P BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 194 December 20, 2017 UDC update 7-28-2017 draft Uses Zoning districts Commercial Mixed Use Industrial PLI B-11 B-2 B-2M B-3 UMU (38.310. 050) REM U (38.310. 060) NEH MU2 BP M-1 M-2 municipal buildings Production manufacturing and generation facilities (electric and gas) - - - - - - - - - SC - Public and non- profit, quasi- public institutions, e.g. universities, elementary junior and senior high schools and hospitals - - - - - - - - - - P Public buildings* P P P P P P P P P P -P Publicly owned community centers** - - - - - - - - - - P Public buildings and publicly owned land used for parks, playgrounds and open space P- P- -P -P -P -P P -P -P -P P Solid waste transfer station - - - - - - - - - C CP Solid waste landfill and transfer facilities - - - - - - - - - - C Trade schools - - - - - - P - P P - Truck, bus and rail terminal facilities - - - - - - P - P P - Recreational, cultural & entertainment Adult business (38.360.050)* - - - - - - - - P P - BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 195 December 20, 2017 UDC update 7-28-2017 draft Uses Zoning districts Commercial Mixed Use Industrial PLI B-11 B-2 B-2M B-3 UMU (38.310. 050) REM U (38.310. 060) NEH MU2 BP M-1 M-2 Amusement and recreational facilities - -P -P - -P - P - P C - Arts and entertainment center* P P P P P P 12,000sf - - - - - Casinos - - - - - - - - C C - Community centers (38.360.080)* P P P P4 P P P C P P P -P Accessory and/or other uses Agricultureal uses* - - - - - - - - - P - Home-based businesses (38.360.140)* A A A A A A A A A A - Other buildings and structures (typically accessory to permitted uses) A A A A A A A A A A A Temporary buildings and yards incidental to ongoing construction work - - - - - - A A A A - Any use, except adult businesses and casinos, approved as part of a planned unit development subject to the provisions of division 38.430 C C C C C C C C5 C5 C5 - Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 196 December 20, 2017 UDC update 7-28-2017 draft 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren’t addressed in this table). 3. Only lobbies for the applicable use are allowed on designed Storefront block frontages as set forth in 38.510.020. Otherwise, the applicable use is permitted wWhen located on the second or subsequent floor, or basement, as defined in section 38.700.030 of this chapter. 4. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 5. Also excludes retail, large scale uses. Note — Additional uses for telecommunication facilities are provided for in division 38.370 of this article. Sec. 38.310.050. - Supplemental use provisions for the urban mixed-use zoning district. Mixed uses required and limited: A. Development must shall include a mix of uses. B. Uses mustshall be grouped as commercial, industrial, offices, institutional, and residential. A combination of at least two different groups of uses must be provided within each site plan. C. No use group must exceed 70 percent of the total gross building floor area in the entire site development. Multiple buildings may be shown on a single site plan as allowed in division 38.230 of this chapter. For the purposes of calculating the percentage of a use within the site development the gross square foot floor area of building for each use shallmust be utilized. Single use buildings are allowed provided the entire site meets the required use mix standard. D. At least 70 percent of the ground level block frontages (see division 38.510) The ground level gross building area must be occupied byat least 75 percent nonresidential in uses. To meet this requirement, the depth of non-residential floor area shallmust be at least 20 feet deep. Ground level lobbies for residential uses on upper floors may qualify as a non-residential use for the purpose of this standard provided such lobby occupies no more than 50 feet of the block frontage. Structured parking is classified as a nonresidential use. Structured parking at the ground level must include liner buildings of usable proportions along at least 40 percent of the building façades facing a street or greenway. For the purposes of calculating the percentage of a use within the site development the gross square foot floor area of building for each use shall be utilized. Sec. 38.310.060. – Supplemental use provisions for the residential emphasis mixed-use zoning district. (38.09.020) A. Uses required and limited. 1. REMU districts are intended to be developed with a mix of uses that encourage a range of building types, scales, densities, and site configurations. 2. Developments are encouraged to include nonresidential uses, especially commercial and neighborhood support services, mixed horizontally and/or vertically, to promote compact, walkable and sustainable neighborhoods. 3. Nonresidential uses must not exceed 30 percent of the total gross building square footage of all uses within the master planned area unless otherwise allowed in this section, through a master site plan or planned unit development (PUD) review. 4. For the purposes of calculating the percentage of a use within the master planned area, the gross square foot floor area of building for each use must be utilized. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 197 December 20, 2017 UDC update 7-28-2017 draft 5. The specific method of tracking will be determined during the master site plan, PUD, or site plan review. 6. Home-based businesses are not considered nonresidential uses and must not be limited by the provisions of the section. 7. Nonresidential uses intended for public benefit and shared public amenities must not be limited by the provisions of this section. These uses include, but are not limited to, schools, parks, community centers, city operated services and structured parking facilities. B. Development review applications. 1. To accomplish the intent of the district, the REMU district is anticipated to be located on sites five acres or larger. Development review applications for sites in the REMU district greater than, or equal to, five acres will first be subject to review as a master site plan per article 2 of this chapter; or as a PUD per division 38.430 of this chapter, as determined by the applicant. 2. Project applications for subsequent project phases in compliance with an approved master site plan or PUD may be reviewed as a site plan review or sketch plan review in accordance with article 19division 38.230 of this chapter. 3. All development review applications for property in the REMU district smaller than five acres are subject to the standards in this article; and may be subject to review as a master site plan per division 38.230 of this chapter upon a finding by the city that: a. The development application is for a site considered a major infill site, having a significant impact on an existing neighborhood; or may create a center within an existing neighborhood; b. The proposed development is located at an intersection deemed to have special significance; c. The proposed development may have a significant impact on existing transportation and open space network, pedestrian and bicycle travel; d. The proposed development requires a multi-year approval and multiple phases for completion. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 198 December 20, 2017 UDC update 7-28-2017 draft 38.320 Form & Intensity Standards (related portions of Articles 8-14) Sec. 38.320.010. – Interpretation of tables. (new) A. The form and intensity standards tables within this division include the form and intensity requirements for development specific to individual zoning districts. The zoning districts are located on the vertical columns and the form/intensity elements being addressed are located on the horizontal row of these tables. Where a “-“ is listed in a cell, it means that the use type or standard does not apply to the district. B. Where a code reference or link appears after the form and intensity topic, the use is subject to standards set forth in that section or chapter. C. If a number appears in the box, refer to the development condition with the corresponding number immediately following the table. If there are multiple numbers, then all development conditions apply. D. Division 38.350 provides clarification and exceptions to the form and intensity standards herein. Sec. 38.320.020. – Form & intensity standards elements. A. Lot area and width: 1. All lots must have a minimum area as set forth in the form and intensity standards tables within this division and the more restrictive applies. These minimums assume a lack of development constraints. All newly created lots shallmust have a minimum area adequate to provide for required setbacks and parking as set forth in the tables set forthwith in this divisionarticle. Each lot must have a usable lot area of at least 50 percent of the total minimum lot area. Lots less than 3,000 square feet, or less than 25 feet wide may be limited in their ability to comply with other required standards of the municipal code. 2. All lots must have a minimum width as set forth in the form and intensity standards tables within this division. These minimums assume a lack of development constraints. All lots must conform to development standards for provision of public and private utilities. 3. Lot area and width for R-S residential suburban lots. a. Lot area and width for newly created lots in R-S districts shall be determined through the PUD review procedures set forth in division 38.430 of this chapter and in compliance with the adopted city growth policy. Unless otherwise approved through the planned unit development process, the average lot size shall be one acre. b. Existing lots in the R-S district not utilizing a community water and/or sewer system shall be considered nonconforming lots if less than one acre in area and/or 100 feet in width and subject to article 2 of this chapter. Existing lots in the R-S district utilizing a community water and/or sewer system shall be considered nonconforming lots if less than one-half acre in area and/or 100 feet in width and subject to division 38.270 of this chapter. 4. Lot area and width may be reduced to allow a density bonus through the PUD process. The aAmount of a bonus, methodology for calculating the bonus, and standards for allowing a bonus are described in section 38.430.090.E.2.b(6). B. Minimum density. New residential development must provide a minimum net density in applicable zones, as set forth in the form and intensity standards tables within this division. A minimum is required to support efficiency in use of land and provision of municipal services, and to advance the purposes and goals of this chapter and the adopted growth policy. Density may be achieved by averaging lot sizes over an entire development. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 199 December 20, 2017 UDC update 7-28-2017 draft C. Lot coverage and floor area: 1. Maximum lot coverage by principal and accessory buildings must be asare set forth in the form and intensity standards tables within this division. 2. Minimum floor area requirements for each dwelling in all districts must beare that area required by the city's adopted International Building Code. 3. Maximum floor area ratios (FAR) must not exceed the ratios set forth in the form and intensity standards tables within this division. FAR refers to the total floor area of all buildings or structures (excluding basements) on a lot divided by the size of the lot. Figure 38.320.020.C Clarification of floor area ratio and lot coverage. D. Maximum building height for each residential district must be as asare set forth in the form and intensity standards tables within this division. E. Minimum setbacksyards: 1. Minimum setbacksyards yards for each residential district must beare set forth in the form and intensity standards tables within this division. 2. When a lot has one or more principal buildings which are oriented to place the functional rear of a building adjacent to a side lot line, a setback from the property line equal to that for a rear yardsetback must be provided. 3. All yards setbacks are subject to the provisions of sections 38.340.060, 38.350.050, 38.410.100, 38.400.100 and 38.550.100. 4. All development except single to four-, two-, and three-household dwellings on individual lots are subject to the block frontage standards of division 38.510. 5. Setbacks for accessory structures are set forth in section 38.360.030. 6. Easements for utilities or other special standards may require adjustments to minimum building setbacks. FG. All developments except single to four-, two-, and three-household dwellings are subject to the block frontage standards of division 38.510, which provides standards for building placement and related block frontage provisions depending on the applicable block frontage designation. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 200 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.320.030. – Form & intensity standards – residential districts. (38.08) Table 38.320.030.A – Minimum and maximum lot area Table clarification: 1. Where an code reference or link appears after the form and intensity topic, then the use is subject to standards set forth in that section or chapter. 2. If a number appears in the box, refer to the development condition with the corresponding number immediately following the table. If there are multiple numbers, then all development conditions apply. Use type/standard Zoning district R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Minimum lot area per dwelling (square feet)1 (38.320.020.A) Single-household dwelling See subsection A.3 of this section5,0 00 5,0001 5,000 4,0001 4,0002 5,0001 4,0002 5,0001 3,0001 5,000 4,0001 5,000 3,0001 Single-household dwelling (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) 2,700 2,700 2,700 2,700 2,700 2,700 2,700 2,700 Two-household dwellings - - 6,000 5,0002 6,000 5,0002 6,000 5,000 6,000 - Two household dwellings (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) - - 2,500 2,500 2,500 2,500 2,500 - Lot area per dwelling in three- or four-household dwelling configurations - - - 3,000 3,000 None3 3,000 - Lot area per dwelling in three- or four-household dwelling configurations (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) - - - 2,500 2,500 None3 2,500 - Townhouses & rowhouses - - 3,0004 3,0005 3,0005 None3 3,0005 - Townhouses & rowhouses (only for dwellings to satisfy minimum requirements 2,5005 2,5005 2,5005 2,5005 2,5005 None3 2,5005 2,500 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 201 December 20, 2017 UDC update 7-28-2017 draft Use type/standard Zoning district R-S R-1 R-2 R-3 R-4 R-5 R-O RMH of division 38.380 of this chapter) Apartments - first dwelling - - - - 5,000 None3 5,000 - Apartments - each dwelling after the first - - - - 1,200 None3 1,200 - Apartments - each dwelling after the first (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) - - - - 900 None3 900 - Additional area required for an accessory dwelling unit 1,0006 1,000 1,0007 1,0007 1,0007 None3 1,0007 - All other uses 5,0001 5,0001 5,0001 5,0001 5,0001 None3 5,0001 5,0001 Maximum lot area (net acres) (38.320.020.A) Residential use - - - 2.58 2.58 2.58 2.58 - Notes: 1. In order to comply with the standards contained in this chapter, lot area in excess of the required minimum may be needed; for example (for corner lots, parking, landscaping or large residential structures, for example), and may be necessary for property adjacent to watercourses, ridgelines, or other environmental features in order to provide an appropriate buildable area on the lot. 2. When the lot is adjacent to an alley and vehicle access is taken only from that alley.The options for the reduced minimum lot area requirements only apply to those lots with alley access. 3. Lot sizes may be variable provided they are sufficiently sized and shaped sufficient to accommodate permitted uses and conform to applicable design and density standards. 4. Per townhouse lot or rowhouse dwelling. 5. For townhouse or rowhouse clusters, the lot area per dwelling may be averaged within the townhouse cluster. 6. Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet. 7. Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to accessory buildings. Lot area and width must be provided as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to 38.360.040. 8. Departures tofrom the maximum lot size requirements may be allowed where the planned development fits into the context of the neighborhood and proposed pedestrian and vehicular circulation measures meet community objectives. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 202 December 20, 2017 UDC update 7-28-2017 draft Figure 38.320.030.2. Minimum setback to an individual, private garage oriented to the street Local streets setback for dwelling and garage, except for R-S district. Table 38.320.030.B – Minimum lot width (feet) Table clarification: 1. Where an code reference or link appears after the form and intensity topic, then the use is subject to standards set forth in that section or chapter. 2. If a number appears in the box, refer to the development condition with the corresponding number immediately following the table. If there are multiple numbers, then all development conditions apply. Use type/standard Zoning district R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Single-household dwelling See subsection A.3 of this section50 50/401 50/401 50/401 50/35401 35/251,2 50/401 50/401 Single-household dwelling (only for dwellings to satisfy requirements of division 38.380 of this chapter) See subsection A.3 of this section30 30 30 30 30 30 30 30 Two household dwelling - - 60/501 60/4501 50/4501 50/401 50/501 - Accessory dwelling unit3 50 50/401 60/501 60/501 560/4501 None4 60/501 - Dwellings in three- or four-household dwelling configurations - - - 60 60 None2,4 60 - Townhouses 30 30 30 Width of interior units,2 Width of interior units,2 Width of interior units,2 Width of interior units,2 - BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 203 December 20, 2017 UDC update 7-28-2017 draft Use type/standard Zoning district R-S R-1 R-2 R-3 R-4 R-5 R-O RMH All other uses See subsection A.3 of this section50 50 50 50 50 None2,4 50 50 Notes: 1. When the lot is adjacent to an alley and vehicle access is taken only from that alley.The options for the reduced minimum lot area requirements only apply to those lots with alley access. 2. Lot width is subject to 38.400.090. Lot widths of 25 feet or less may jeopardize compliance with standards for legal and physical access, street trees, on-street parking, garage design, drive access width and placement, and utilities. Home design and size will be restricted as a result. Mitigation measures may be required for placement and separation of public and private utilities. 3. Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to accessory buildings. Lot area and width must be provided as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to 38.360.040. 4. Lot widths may be variable provided they are sized and shaped sufficient to accommodate permitted uses and conform to applicable design and density standards. Table 38.320.030.C – Density, building height, & setbacks Table clarification: 1. Where an code reference or link appears after the form and intensity topic, then the use is subject to standards set forth in that section or chapter. 2. If a number appears in the box, refer to the development condition with the corresponding number immediately following the table. If there are multiple numbers, then all development conditions apply. 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 81 6 5 Lot coverage, maximum2 (38.320.020.D.1) 25%13 40%3 40%3 40%3 50%3 - - 40%3 Floor area ratio, maximum4 (38.320.020.D.3) 0.45:1 0.5:1 0.65:1 0.75:1 0.8:1 1:1 1.25:1 1.5:1 - 1.25:1 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 204 December 20, 2017 UDC update 7-28-2017 draft Use type/standard Zoning district R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Less than 3:12 24 24 24 32 34 445 34 24 3:12 or greater but less than 6:12 30 28 28 38 38 485 38 28 6:12 or greater but less than 9:12 34 32 32 40 42 525 42 32 Equal to or greater than 9:12 38 36 36 42 44 545 44 36 Minimum yards and setbacks (feet)18 (38.320.020.F) Front yard - adjacent to arterial streets 12 356,10 25 25 25 25 15 22 25 25 Front yard - adjacent to collector streets 12 356,10 20 20 20 20 15 22 20 20 Front yard setback - adjacent to local streets 12 15356,10 15 15 15 15 157 15 15 Setback to an individual, private garage oriented to the street 35208 208 208 208 208 208 208 208 Rear setbackyard 20256,10, 11 2011 2011 2011 2011 2011 2011 2011 Side setbackyard 5256,10 59 59 59 59 59 59 59 Notes: 1. The minimum density in the R-5 zone is 8 eight dwelling units per “gross” acre (not per “net” acre). 2. In all residential zoning districts for those lots used to satisfy the requirements of 38.380chapter 38, , not more than 60 percent of the lot area must can be covered by principal and accessory buildings. When a larger lot has a portion of its total dwellings subject to the requirements of chapter 38, 38.380, either directly or inherited from a previous subdivision, the portion used for those dwellings may have up to 60 percent of the lot area covered by principal and accessory buildings. 3. The maximum lot coverage for townhouses and rowhouses: a. in the R-1, R-2, R-3, and RMH districts: is 50%. b. R-4 and townhouses complying with affordable housing provisions of division 38.380 of this chapter: 85%. 4. Floor area ratio adjustments: a. For townhouse developments, the floor area ratio standard applies to all townhouse lots. Designated common area specifically associated with the townhouses may be used as applicable site area in determining compliance with the floor area ratio requirement. b. Dwellings used to satisfy requirements of division 38.380 of this chapter are allowed a 25 percent increase in allowable floor area ratio. 5. An area, not to exceed a total of 10 percent of the building footprint, may extend above the maximum building height by up to 12 feet. Such elements may include stair or elevator penthouses, service elements, or habitable BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 205 December 20, 2017 UDC update 7-28-2017 draft area and must be set back from the edge of the building by at least 5 five feet (see Figure 38.320.0320.1 below for an example) to reduce the visibility of such feature. Figure 38.320.0320.1. Limited exceptions to height limits for elevator or stair penthouses or similar features are permitted provided they occupy no more than 10 percent of building’s footprint and are setback from the edge of the building by at least five feet to reduce their visibility from the ground level. 6. All pens, coops, barns, stables or permanent corrals must be set back not less than 100 feet from any residence or public road and not less than 50 feet from any property line. 7. Porches and covered entries in the R-5 district may project as allowed 38.350.050. 8. All vehicle entrances, oriented to the street, into garages shall be no closer than 20 feet to a property line, unless explicitly authorized otherwise under this chapter. 9. No side yardsetback is required for the interior walls of townhouses. 10. Minimum yard requirements for newly created R-S lots shall be determined through the PUD review process. 11. Adjacent to arterial streets as designated in the city growth policy, 25 feet. 12. Local, collector, and arterial streets are as designated in the city growth policy. 13. For newly created lots in the R-S district, determined through the PUD review procedures set forth in division 38.430, in compliance with the adopted city growth policy. F. Residential garages. (38.320.020) 1. Attached residential garages shall not obscure the entrance to the dwelling. Attached garages are required to be clearly subordinate to the dwelling. A subordinate garage has two or more of the following characteristics: a. The principal facade of the dwelling has been emphasized through the use of architectural features such as, but not limited to, porches, fenestration treatment, architectural details, height, orientation or gables, so that the non-garage portion of the residence is visually dominant; b. The facade with the garage vehicle entrance is recessed at least four feet behind the facade of the dwelling containing the main entry; and/or c. The area of the garage vehicle door comprises 30 percent or less of the total square footage, exclusive of any exposed roof areas, of the principal facade of the dwelling. Principal facade shall include all wall areas parallel to the garage door. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 206 December 20, 2017 UDC update 7-28-2017 draft 2. Alternative means of addressing the intent of this section will be considered. Detached garages are encouraged when they are compatible with the existing neighborhood development pattern. Vehicular garage access on nonprincipal facades and/or alleys is also encouraged. G. Special standards for R-5: All development within the R-5 district shall conform to chapters 1 through 4 of the design objectives plan established pursuant to article 3 of this chapter. In the event of a conflict between the design objectives plan and the standards of this chapter, the standards of this chapter shall govern. (38.08.090) Sec. 38.320.040. – Form & intensity standards – Residential emphasis mixed-use zoning district. (38.09.030.H) A. Lot area and width: All newly created lots shall have a minimum area adequate to provide for required yards and parking as set forth in Table 38.320.030 below. B. Lot coverage and floor area: 1. Maximum lot coverage by principal and accessory buildings shall be as set forth in Table 38.320.030 below. 2. Minimum floor area requirements for each dwelling shall be that area required by the city's adopted International Building Code. C. Maximum building height for applicable dwelling/use type shall be as as set forth in Table 38.320.030 below. D. Minimum yards: 1. Minimum yards for applicable dwelling/use type shall be as as set forth in Table 38.320.030 below. 2. All yards are subject to the provisions of sections 38.340.060, Design Criteria and Development Standards in Entryway Corridors, 38.350.050, Yard and Height Encroachments, Limitations and Exceptions, 38.410.100, Watercourse Setback, 38.400.100, Street Vision Triangle, and 38.550.100, General Maintenance, when applicable. Table 38.320.0430 Table of Form & Intensity Standards – Residential Emphasis Mixed-Use Zoning District Table clarification: 1. Where an code reference or link appears after the form and intensity topic, then the use is subject to standards set forth in that section or chapter. 2. If a number appears in the box, refer to the development condition with the corresponding number immediately following the table. If there are multiple numbers, then all development conditions apply. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 207 December 20, 2017 UDC update 7-28-2017 draft Standard Small-lot single- household Single- household Townhouse/rowhouse townhouse/rowhouse cluster1 Two to four household dwellings, group living, apartments Mixed use (residential over commercial) Non- residential Lot and Floor Area Standards Minimum lot area (square feet) (38.320.020.A) 2,500 4,0002 None Note3 None4 - Minimum lot width (feet) (38.320.020.A) 25 40 15.5 Note3 None4 - Maximum lot coverage (38.320.020.D.1) 75% 50% 75% 75%4 75%4 100%5 Maximum allowable floor to area ratio (38.320.020.D.3) 1.5:1 1:1 2.5:1 4:1 0.75:16 Max: 0.5:16 Minimum and Maximum Building Height (feet) (38.320.020.E) (where only one number is shown in the column, the number must represent the maximum height limit) Roof pitch: Less than 3:12 35 35 35 5 stories maximum 2 stories minimum & 5 stories maximum 15 feet minimum & 5 stories maximum Roof pitch: 3:12 or greater but less than 6:12 38 38 38 Roof pitch: 6:12 or greater but less than 9:12 40 40 42 Roof pitch: Equal to or greater than 9:12 42 42 44 Minimum-Maximum Yards Setbacks (feet) (38.320.020.F) (where only one number is shown in the column, there is no “maximum” yardsetback) Front YardSetback (minimum and maximum) 10-15 10-15 10-15 10-15 Note7 Note8 Adjacent to arterial streets 25 25 25 25 - - BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 208 December 20, 2017 UDC update 7-28-2017 draft Standard Small-lot single- household Single- household Townhouse/rowhouse townhouse/rowhouse cluster1 Two to four household dwellings, group living, apartments Mixed use (residential over commercial) Non- residential Adjacent to collector streets 15-20 15-20 15-20 15-20 - - Adjacent to local streets 10-15 10-15 10-15 10-15 - - Setback to an individual, private garage oriented to the street Vehicle Entrances 2011 2011 2011 - - - Rear YardSetback 10 15 10 10 - - Adjacent to arterial streets 25 25 25 25 - - Side YardSetback 59 59 510 5 - - Garages and Special Parking Standards Residential garages Note12 Note12 Note123 Note123 Note123- - Special Parking Standards - - - Note134 Note6, 134,145 Note6, 134,145 Notes: 1. Supplemental townhouse/townhouse rowhouse cluster standards: a. Portions of site development review applications within the REMU zone for attached multi-household developments should be urban in character and may be designed such that each dwelling unit has a ground level entry oriented to the public realm, and sharing shares one or more walls with another dwelling unit. b. Such units should be broadly consistent in scale and level of architectural detail, but must be designed to emphasize a distinction in individual dwelling units through form, massing, articulation, color and other architectural means. c. Townhouse/rowhouse units may incorporate home-based businesses at the ground level with direct access from a public right-of-way or other accessible route. These uses are exempt from off-street parking requirements. d. Developments incorporating townhouse/rowhouse units may include individual retail uses at the ground level no greater than 2,000 square feet in area, when located along the primary frontage. The first 2,000 square feet of any nonresidential use in this development type is exempt from off-street parking requirements. Parking lots for such uses must not be permitted along primary street frontages. Apply standards of section 38.540.050.D for accessible parking spaces. 2. Additional area for accessory dwelling unit: 800 square feet minimum. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 209 December 20, 2017 UDC update 7-28-2017 draft 3. Apply standards of section 38.320.020, Table 38.320.0320 (lot area standards), section 38.360.130, or if a structured internal parking facility is provided, then required lot area may be reduced by up to 50 percent. 4. Lots shall be sized to accommodate required open space required in section 38.420.020.E as applicable. 4. Lot coverage may be up to 100 percent if a structured parking facility that accommodates all required parking is provided. 5. Lot coverage may be up to 100 percent if parking requirements are met by shared or off-site parking facilities, or if a structured parking facility that accommodates all required parking is provided. 6. Special parking standards. a. Structured parking incentive. A floor area bonus of one square foot of nonresidential up to a total of 50 percent of the gross building area of all uses may be granted for each square foot of area of structured parking area. b. Parking for individual lots may be provided elsewhere within the district with a shared parking agreement, provided that the overall parking ratio for the district is comparable with documented parking ratios in developments of similar scale, intensity of use, population density, and scope. 7. Special yardsetback standards for mixed-use: a. No minimum yardsetbacks are required for the mixed-use district. Easements for utilities or other special standards may require buildings to be placed back from lot lines. b. Maximum setback. Buildings must be oriented to the adjacent street. At least 50 percent of the total building frontage, which is oriented to the street, must be placed within ten feet of any minimum required separation from the property line. 8. Special yard setback standards for non-residential uses: a. Minimum setbackyards. No minimum setbackyards are required for nonresidential uses. Easements for utilities or other special standards may require buildings to be placed back from lot lines. b. Maximum setback. Buildings must be oriented to the primary street. At least 50 percent of the total building frontage, which is oriented to the street, must be placed within ten feet of any minimum required separation from the property line. c. Special setbackyard requirements. All setbacksyards associated with non-residential development must be subject to the provisions of section 38.550.050.B, aAdditional screening requirements, and section 38.550.050.C, (pParking lot landscaping), when applicable. 9. Allow "zero-lot line" development through shared use easements or placement of buildings on or near one of the side lot lines.. 10. Or zero feet for interior walls of townhouses. 11. All vehicle entrances, oriented to the street, into garages must be no closer than 20 feet to a property line, unless otherwise explicitly authorized otherwise under this chapter. 12. Special garage standards for single to four and two-household uses. To ensure that the subject housing types contribute to a community-oriented, pedestrian-friendly streetscape, they must comply with the following specific standards of this chapter:Garages. Apply standards of section 38.320.020 and section 38.360.030 (except section 38.360.030.H). a. Section 38.350.07060.210.C, parking andresidential garages for single to four-household residential uses. b. Section 38.400.090.C.2.a, drive access requirements—residential. c. Section 38.540.010.A.4, stacking of off-street parking spaces. d. Section 38.540.010. A.5, no parking permitted in required front or side setbacks. e. Section 38.540.010. A.6, parking permitted in rear setbacks. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 210 December 20, 2017 UDC update 7-28-2017 draft 13. Special garage standards for townhouses, / rowhouses, townhouse clusters and threetwo to four household dwellings, group living, and apartments. To ensure that the subject housing types contribute to a community- oriented, pedestrian-friendly streetscape, they must comply with the following specific standards of this chapter: a. Section38.360.240.B, block frontages (for townhouses and rowhouses). b. Section38.400.090.C.2.a, drive access requirements—residential. c. Division 38.510, block frontage standards. dc. Section 38.540.010.A.4, stacking of off-street parking spaces. ed. Section 38.540.010. A.5, no parking permitted in required front or side yardsetbacks. fe. Section 38.540.010. A.6, parking permitted in rear yardsetbacks. 134. Bicycle parking. Covered bicycle parking must be provided by all mixed use development. The covered spaces must be either ten bicycle parking spaces or one-half of the total minimum bicycle parking, whichever is less. 145. Mixed-use and non-residential developments are subject to block frontage standards of division 38.510. Sec. 38.320.050. – Form & intensity standards – Non-residential and other mixed-use districts. (Portions of Articles 10-14) Table 38.320.050 Table of Form & Intensity Standards – Non-Residential and Other Mixed-Use Districts Table clarification: 1. Where an code reference or link appears after the form and intensity topic, then the use is subject to standards set forth in that section or chapter. 2. If a number appears in the box, refer to the development condition with the corresponding number immediately following the table. If there are multiple numbers, then all development conditions apply. Standard Zones Commercial zoning districts UMU Industrial zoning districts PLI NE- HMU 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 - - - - 43,560 7,500 - - 5,0001 Minimum lot width (feet) (38.320.020.A) 50 100 - - - 150 75 100 - 502 Maximum lot coverage (38.320.020.D) 100%3 100% 100% 100% 100%4 60% 100% 100% - 40%- 100% 5 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 211 December 20, 2017 UDC update 7-28-2017 draft Standard Zones Commercial zoning districts UMU Industrial zoning districts PLI NE- HMU B-1 B-2 B-2M B-3 BP M-1 M-2 Maximum impervious surfaces6 - - - - - 60% - - - - Minimum floor area ratio7 (38.320.020.D) - - - - 0.50 - - - - - Building height standards (feet) (38.320.020.E) Minimum building height - - - - 22 6 - - - - - Maximum building height Variable 98 55/70109 551110 45 45 - 45 Roof pitch < 3:12 34 38 127 38127 Roof pitch 3:12 or > 38 44 127 44127 Minimum yard setback (feet) (38.320.020.F) Front YardSetback Front setback provisions are set forth in the block frontage standards in division 38.510. Note11713 Note11713 Note1411 Note11015 Note11016 2511,17 2011 2011 01812 2011 Setback to an individual, private garage oriented to the street - 20 20 20 - - - - - 20 Rear SetbackYard 10 10 101913 015 016 2017 3 3 01812 3 Side SetbackYard 52014 52014 52014 015 016 1517, 2014 32014 32014 01812 3 Side or Rear SetbackYard Adjacent to Alley 5 5 -5 5 0165 5 5 5 5 Parking & loading areas (feet) Note 2115 Note 2115 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 212 December 20, 2017 UDC update 7-28-2017 draft Standard Zones Commercial zoning districts UMU Industrial zoning districts PLI NE- HMU B-1 B-2 B-2M B-3 BP M-1 M-2 Front SetbackYard Note1125 Note1125 Note1411 Note11 Note11 Note11- Note1120 Note1120 Rear SetbackYard 102216 102216 52216 02317 - - - Side SetbackYard 82216 82216 52216 02317 - - - Garages and special parking standards Residential Garages - Note18- Note18- Note18- - - - - - Note2418 Special Parking Standards Note2519, 20 Note2519, 20 Note 2519, 20 Note20 Note2519, 20 Note20 Note2519,20 Note2519,20 Note20 Notes: 1. The lot area must provide all required yardsetback areas and off-street parking and loading. Lot area per dwelling must not be less than 5,000 square feet per detached single-household dwelling and 3,000 square feet per attached dwelling. Lot area per each dwelling used to satisfy the requirements of division 38. 380, must not be less than 3,000 square feet per detached single-household dwelling and 2,500 square feet per attached dwelling. 2. No lot width must be less than 50 feet except lot width for townhomes and lots or dwellings satisfying the requirements of division 38.380, which may be not be less than 30 feet. 3. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 4. In the UMU district, the footprint of individual buildings must not exceed 45,000 square feet. 5. The maximum lot coverage must be 40 percent% for principally residential uses or 100percent% for principally non-residential uses. 6. A minimum of the remaining percentage of the total lot area shall be landscaped as defined in this chapter. 7. "Floor area ratio" is the ratio attained by dividing the gross square feet of building by gross land area of the lot being developed. A site plan for development may show future phases of buildings to be used to demonstrate compliance with the minimum floor area ratio standard. 6. Buildings within a development or each phase of a multi-phased development must have varying heights achieved through the use of multiple stories. 7. B-2 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. 8. B-2M height exceptionslimits: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 213 December 20, 2017 UDC update 7-28-2017 draft a. For buildings designed for non-residential or mixed-use: Five stories or 60 feet (whichever is less), provided the top floor of five-story buildings within 30 feet of the front property line feature must have has a stepback of at least ten feet from the front face of the building. Figure 38.320.0540.1 The top floor of five story buildings within 30 feet of a street property line must feature a ten- foot stepback along the front façade to reduce the perceived scale of the building. b. For buildings designed for single purpose residential use: Four stories or 50 feet (whichever is less). c. An area, not to exceed a total of ten percent of the floor area which is located at street level, may extend above the maximum building height by up to 12 feet. Figure 38.320.0540.2 Limited exceptions to height limits for elevator or stair penthouses or similar features are permitted provided they occupy no more than 10 percent of building’s footprint and are set back from the edge of the building by at least five feet to reduce their visibility from the ground level. 9. Maximum building height in the B-3 district must be 55 feet in the district core area and 70 feet outside of the core area. 10. Maximum building height may be increased by up to but not more than an additional 25 feet when structured parking is provided per section 38.330.040.E.2, and when determined to be in compliance with the review criteria of section 38.230.100. 13. The minimum front yard in the B-1 and B-2 districts along arterials is 25 feet. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 214 December 20, 2017 UDC update 7-28-2017 draft 11. Front yardsetback provisions are set forth in the block frontage standards in division 38.510 and 38.350.070. 15. Special setback requirements for the B-3 district: a. No minimum yards prescribed for the B-3 district except a seven-foot front yard shall be required on Mendenhall and Babcock Streets. b. Where at least 50 percent of a block (from cross-street to cross-street) in the B-3 district is presently used for residential purposes the minimum yards established for the B-1 district shall be required. 16. Easements for utilities or other special standards may require buildings to be placed back from lot lines. 17. All yards in the BP district fronting on public or private streets shall be a minimum of 25 feet. Front, rear and side yard requirements shall be increased three feet for each additional 5,000 square feet over a total gross footprint area of 25,000 square feet, up to maximum requirement of 40 feet for rear and side yards and 50 feet for front yards. 12. In the PLI district, there is no yardsetback requirement except when a lot is adjacent to another district. The yardsetbacks then must be the same as those in the adjacent district. The yardsetback requirements of RS must be interpreted as those of R1. 13. The minimum rear yardsetback is five feet for accessory buildings. 14. Zero lot lines are allowed per section 38.350.050.B. 15. All vehicle entrances into garages must be no closer than 20 feet to a property line, unless explicitly authorized otherwise under this chapter. 16. Side and rear yardsetbacks for parking may be allowed to be zero feet when coordinated parking arrangements between adjacent properties is are provided. 17. Rear and side yardsetbacks adjacent to alleys must be at least five feet. 18. Garage location standards: Ffor single to four, two-, and three-household uses, see section 38.350.07060.210.C for standards. For townhouses and rowhouses, see section 38.360.240.B for standards.For residential uses only, attached garages shall not obscure the entrance to the dwelling. Attached garages are encouraged to be clearly subordinate to the dwelling. A subordinate garage has one or more of the following characteristics: a. The principal facade of the dwelling has been emphasized through the use of architectural features such as, but not limited to, porches, fenestration treatment, architectural details, height, orientation or gables, so that the non-garage portion of the residence is visually dominant; b. The facade with the garage vehicle entrance is recessed at least four feet behind the facade of the dwelling containing the main entry; and/or c. The area of the garage vehicle door comprises 20 percent or less of the total square footage, exclusive of any exposed roof areas, of the principal facade of the dwelling. Alternative means of addressing the intent of this section will be considered. Detached garages are encouraged. Vehicular garage access on non-principal facades and/or alleys is also encouraged. 19. This chapter provides opportunities for parking requirements to be met by shared and off-site parking as allowed by division 38.540 article 5 of this chapter. 20. Non-residential and multi-household developments are subject to the block frontage standards of division 38.510. Sec. 38.320.060. – Zone edge transitions. (New) A. Intent: To provide measures that help to provide a compatible transition between certain higher and lower intensity zoning districts. B. Zone edge transition standards. The following standards are intended to supersede other form and intensity standards in this division. 1. Setback adjustments: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 215 December 20, 2017 UDC update 7-28-2017 draft a. Minimum side and rear setbacks for development within BP, M-1, and M-2 districts where adjacent to a residential district: 15 feet. No additional setbacks required adjacent to alleys and streets. b. Minimum side and rear setbacks for development within B-3 and UMU districts adjacent to a residential district: five feet. No additional setbacks are required adjacent to alleys and streets. 2. Height/setback adjustments. a. For development on sites in the B-3, B-2M, UMU, and R-5 districts that borderare adjacent to the RS, R-1, or R-2 district, the following standard applies: From a height of 3828 feet at a ten five 5-foot setback from the applicable residential districts, buildings must step back at a 45 degree angle away from the applicable property line as shown in figure 38.320.060. No such 45 degree angle setback is required if separated by a street.. Figure 38.320.060. 45 degree angle stepback rule for certain zone edge development. b. For development on sites in the B-3 district that border R-3 and R-4 districts, the following standard applies: From a height of 38 feet at a five foot setback from the applicable residential districts, buildings must step back at a 45 degree angle away from the applicable property line. c. Permitted 45 degree angle stepback encroachments: (1) Permitted horizontal encroachments include those elements and standards set forth in section 38.350.050.A. (2) Permitted vertical encroachments include those elements and standards set forth in section 38.350.050.D. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 216 December 20, 2017 UDC update 7-28-2017 draft 38.330 Zone Specific Provisions (related portions of Articles 9-15 that don’t fit in 38.320) Sec. 38.330.010. – UMU District - Special standards. (38.11.070) A. A UMU district is anticipated to generally be not less than 20 acres in area. The city may approve a lesser area of not less than ten acres upon finding that a smaller area will still provide for adequate transition between adjacent districts, provide a reasonable community setting for the intensity of the district, and that a smaller area will not constitute spot zoning. B. The district must be surrounded by perimeter streets unless precluded by topography. C. Block frontages and building orientation. See division 38.510 for applicable standards for all development types. All development within the urban mixed-use district, regardless of location within the city, shall conform to chapters 1 through 4 of the design objectives plan established in division 38.340 of this article. In the event of a conflict between the design objectives plan and the standards of this chapter, the standards of this chapter shall govern. D. Site planning and design element standards. See division 38.520 for applicable standards for all development types. E. Building standards. 1. Building design. See division 38.520 for applicable standards for all development types. 2. Floor-to-floor heights and floor area of ground-floor space. a. All commercial floor space provided on the ground floor of a mixed-use building must have a minimum floor-to-ceiling height of 1213 feet. b. All commercial floor space provided on the ground floor of a mixed-use building must contain the following minimum floor area: (1) At least 800 square feet or 25 percent of the lot area (whichever is greater) on lots with street frontage of less than 50 feet; or (2) At least 20 percent of the lot area on lots with street frontage on lots withof 50 feet of street frontage or more. 3. In the UMU district buildings shall provide transparency along at least 50 percent of the linear length of the building's facade. This may be achieved with windows, displays, building lobbies, building entrances, display windows, or windows affording views into retail, office, or lobby spaces. This requirement shall apply to both frontages of a building located on a corner lot. a. The bottom edge of any window or product display window used to satisfy the transparency standard of this subsection F.3. may not be more than four feet above the adjacent sidewalk. b. Product display windows used to satisfy these requirements shall have a minimum height of four feet and be internally lighted. 34. Street-level openings on parking structures must be limited to those necessary for retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator lobbies. Parking structures adjacent to streets must have architectural detailing such as, but not limited to, standard size masonry units such as brick, divided openings to give the appearance of windows, and other techniques to provide an interesting and human-scaled appearance on the story adjacent to the sidewalk. 5. Buildings shall be articulated with modules, architectural detailing, individual floors visually expressed in the facade, and rhythm and pattern of openings and surfaces to be human-scale. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 217 December 20, 2017 UDC update 7-28-2017 draft 6. Buildings shall be oriented to the adjacent public or private street. D. Landscaping requirements must be the same as the portion of the B-3 district outside the defined core area as shown in section 38. 550.060550.060, Table 38.550.060-1. E. Special parking standards. 1. Maximum surface parking. a. In order to achieve the intent of the district and achieve efficiency in the use of land, surface parking provided for the sole use of an individual development must not exceed 100 percent of the minimum parking requirement for the subject land use based upon the requirements of division 38.540 of this chapter. The UMU district may utilize the parking reductions authorized in section 38.540.050.2.c.1. In determining the 100 percent requirementA all qualifying reductions must be included in determining the 100 percent requirement.. b. Exemptions to section 38.330.040.E.1.a, to allow unstructured surface parking up to 100 percent of the minimum parking requirement exclusive of reductions may be approved through the development review process for developments that provide shared parking to other development, valet parking spaces, parking for off-site users for which an hourly or other regular rent is paid, or similarly managed parking facilities. 2. Structured parking incentive. A floor area bonus of one square foot may be granted for each square foot of area of parking provided within a building. Additional height of building is allowed to accommodate this additional building area per Table 38.320.050. 3. Bicycle parking. Covered bicycle parking must be provided. The covered spaces must be at least one-half of the total minimum bicycle parking. The minimum number of covered spaces must be the greater of either ten bicycle parking spaces or five percent of motor vehicle parking provided on-site. FG. Lighting. All building entrances, pathways, and other pedestrian areas must be lit with pedestrian- scale lighting (e.g., wall mounted, sidewalk lamps, bollards, landscaping lighting, etc. cetera). Alternative lighting meeting the intent of the design guidelines and other criteria of this chapter, may be approved through site development review. H. Natural surveillance. The proposed site layout, building, and landscape design shall promote natural surveillance of the area by employees, visitors, and residents. Physical features and activities should be oriented and designed in ways that maximize the ability to see throughout the site. For example, window placement, the use of front porches or stoops, use of low or see-through walls, and appropriate use of landscaping and lighting can promote natural surveillance. Sight-obscuring shrubs and walls should be avoided, except as necessary for buffering between commercial uses and lower density residential districts, and then shall be minimized. GH. Public spaces. The UMU district is urban in nature. Public parks and recreational areas are likewise expected to be urban in nature. This will include elements such as plazas or other hardscapes, landscaping with planters, furniture, developed recreation facilities such as basketball and tennis courts or indoor recreation facilities, and will be more concentrated in size and development than anticipated in a less urban setting. The requirements of this section must give direction in the development of park plans and the application of the standards of division 38.420 of this chapter. The parkland dedication requirements of division 38.420 of this chapter may be satisfied by a cumulative contribution of land and the value of on-site improvements to create spaces with the characteristics and functions described in this section. Development within the UMU district may also utilize any of the options of sections 38.420.030 and 38.420.100 to satisfy the requirements of section 38.420.020.A, BMC. The requirements of this section must prevail if these standards conflict with the application of the standards of article 4 of this chapter. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 218 December 20, 2017 UDC update 7-28-2017 draft 1. Public spaces must be designed to facilitate at least three distinct types of the following types of activities to encourage consistent human presence and activity. 2. Public spaces must be designed to: a. Facilitate social interaction between and within groups; b. Provide safe, pleasant, clean and convenient sitting spaces adaptable to changing weather conditions; c. Be attractive to multiple age groups; d. Provide for multiple types of activities without conflicting; e. Support organized activities; f. Be visually distinctive and interesting; g. Interconnect with other public and private spaces; and h. Prioritize use by persons. Sec. 38.330.020. – REMU District - Special standards. (38.09.030) A. The special standards set forth in this section are minimum standards for a development review application. Standards not specifically addressed by this section are subject to the standards set forth in this chapter. B. Street and circulation standards. 1. The policies and standards of the city's long-range transportation plan apply to REMU districts. New streets within REMU districts must be complete streets that accommodate pedestrians, bicycles, buses, automobiles and wintertime snow storage, and work in concert with internal property accesses and adjacent development to create a connected and vibrant public realm. REMU street standards also include the following stipulations: a. Natural storm drainage systems are allowed within street rights-of-way. b. Boulevard strips and medians may incorporate natural drainage technologies. c. Buildings must be oriented with front facades facing the street as specified in the block frontage standards of division 38.510 of this chapter. i. Where this is not possible, a side facade may face the street, but at least 25 percent of its surface area must be transparent windows. The overall design of side facades should address the public nature of the street. d. Shared drive accesses must be used to reduce the need for additional curb cuts, when feasible. e. On-street parking should be maximized wherever feasible. 2. Front-loaded local streets. To ensure that front-loaded streets are community-oriented and pedestrian-friendly, adjacent buildings, garages and drivewaysdrive aisles must comply with the following specific standards of this chapter. a. Section 38.350.070360.210.C, residential parking and garages (for single to four , two-, and three-household dwellings). b. Section 38.400.090.C.2.a, drive access requirements—Residential. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 219 December 20, 2017 UDC update 7-28-2017 draft c. Division 38.510, block frontage standards (for all development except single to four, and two-, and three-household dwellings) d. Section 38.540.010.D, stacking of off-street parking spaces. ed. Section 38.540.010.E, no parking permitted in required front or side yardsetbacks. fe. Section 38.540.010.F, parking permitted in rear yardsetbacks. 3. Woonerfs. Woonerfs, or streets where pedestrians and cyclists have priority over motorists, are encouraged on private drive accesses or properties in the REMU district. Woonerfs may be permitted on public local streets or alleys through the subdivision variance or PUD process. 4. Mews. Mews, or alleys lined with garages and living quarters above, are encouraged on private drive access or properties in the REMU district. Mews may be permitted on alleys through the subdivision variance or PUD process. 5. Shared drive accesses. Apply standards of section 38.400.090.F (shared drive access) and in section 38.700.170 (shared access definition). 46. Alleys. Alleys are encouraged, but not required, in the REMU district. a. Apply standards of section 38.400.060.B (street improvement standards—alleys) where applicable. C. Site planning and design element standards. See division 38.520 for applicable standards for all development types, except single to four-, two-, and three-household dwellings. See section 38.360.210 for applicable standards for single to four-, two-, and three-household dwellings. D. Public Open space standards. The REMU district is urban in nature. Public parks and recreational areas and publicly accessible private open spaces are likewise expected to be urban in nature. This may include elements such as plazas or other hardscaping, or landscaping with planters and furniture. Such areas may be more concentrated in size and development than anticipated in a less urban setting. Public spaces must be designed to facilitate distinct types of activities to encourage consistent human presence and activity. The requirements of this section shall give direction in the development of park plans and the application of the standards of article 4 of this chapter. 1. Public parks and recreational areas. The requirements of this section shallmust give direction in the development of park plans and the application of the standards of division 38.420article 4 of this chapter. spaces shall be designed to: 2. Publicly accessible private open space in commercial developments. See section 38.520.060 of this chapter for the minimum amount and design of pedestrian-oriented open space. 3. Private residential open space. See section 38.520.060 of this chapter for the minimum amount and design of usable residential open space. a. Facilitate social interaction between and within groups; b. Provide safe, pleasant, clean and convenient sitting spaces adaptable to changing weather conditions; c. Be attractive to multiple age groups; d. Provide for multiple types of activities without conflicting; e. Support organized activities; f. Be visually distinctive and interesting; g. Interconnect with other public and private spaces; and BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 220 December 20, 2017 UDC update 7-28-2017 draft h. Prioritize use by persons. E. Building standards. 1. See division 38.520 for applicable standards for all development types, except single to four-, two-, and three-household dwellings.The minimum floor area requirements for each dwelling in all districts shall be that area required by the city's International Building Code. "Floor area ratio" is the ratio attained by dividing the gross square feet of building by gross land area of the lot(s) being developed. A site plan for development may show future phases of buildings to be used to demonstrate compliance with the minimum floor area ratio standard. 2. Floor-to-ceiling and floor-to-floor heights. a. All commercial space provided on the ground level shall have a minimum floor-to-ceiling height of 12 feet. b. Residential uses shall have no limit to floor-to-ceiling or floor-to-floor heights. 3. Buildings that contain nonresidential uses (other than home occupations) on the ground floor shall provide transparency along at least 50 percent of the linear length of the nonresidential facade. Transparency may be achieved with windows, building lobbies, building entrances, display windows, or windows affording views into retail, office, or lobby spaces. This requirement shall apply to both street fronts for buildings located on corner lots. 24. Parking structures must not have more than one two-way vehicle entrance or two one-way vehicle entrances facing any public way. Fifty percent of a parking structure’s the ground floor linear frontage along the primary street must be retail, commercial, office, civic, residential, or live/work. 35. Building encroachments are permitted in accordance with section 38.350.050, subject to any and all applicable International Building Codes. 46. All projects in the REMU district are exempt from the rear yardsetback lot coverage requirements of section 38.360.030.I. F. Landscape and planting standards. Developments are subject to the landscaping standards in division 38.560 of this chapter and the provisions herein. Table 38.330.020-1 lists the minimum number of points needed for landscape plan approval for development types within REMU districts. Table 38.330.020-1 Special landscape & planting standards Development type Lot with residential adjacency Lot without residential adjacency Residential: Ssmall-lot single-household N/A per section 38.550.020.B N/A per section 38.550.020.B Residential: Single-household N/A per section 38.550.020.B N/A per section 38.550.020.B Residential: Townhouse 2 to 4 attached units N/A per section 38.550.020.B N/A per section 38.550.020.B Residential: Townhouse or townhouse cluster 5 or more attached units 23 23 Residential: Two to four household dwellings N/A per section 38.550.020.B N/A per section 38.550.020.B BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 221 December 20, 2017 UDC update 7-28-2017 draft Development type Lot with residential adjacency Lot without residential adjacency Residential: Apartments 5 or more units 23 23 Mixed use with residential 15 15 Non residential projects 23 15 PUD 23 23 G. Lighting standards. See division 38.580 for applicable standards. Sec. 38.330.0350. – PLI District - Applicability. (38.13.020) To the maximum extent allowed by state law, all PLI development must be subject to review and approval as provided for by this chapter, based upon recommendations received from the applicable review bodies established by article 2 of this chapter as may be applicable, and must be required to comply with all applicable underlying zoning requirements, as well as any requirements for certificates of appropriateness as established in design objective plans or other overlay district regulations or guidelines. Sec. 38.330.0460. – NEHMU District - Special standards and requirements. (38.14.080) A. The requirements for landscape buffering for residential adjacency required by division 38.550 of this chapter are not applicable in the northeast HMU. B. All necessary screening or other buffering that is determined to be necessary between adjoining uses must be the responsibility of the use that is established last in time. C. When a lot is adjacent to or across the street from a residential zoning district, the yardsetback requirements must be the same as the adjoining zone and buildings must be screened with either a decorative fence or plantings. The provisions of R-S must be interpreted as those of R-1. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 222 December 20, 2017 UDC update 7-28-2017 draft 38.340 Overlay district standards (Articles 16-18) Part 1: Neighborhood Conservation Overlay District & Historic Preservation Sec. 38.340.010. – Intent and purpose. (38.16.010) A. All new construction, alterations to existing structures, movement of structures into or out of the neighborhood conservation overlay district, hereinafter referred to as the conservation district, or demolition of structures by any means or process will be subject to design review unless specifically exempted. The recommendations of the design review board or administrative design review staff must be given careful consideration in the final action of the review authority. B. Sections 38.340.010 through 38.340.130 define and set forth standards which apply to the conservation district. C. The intent and purpose of the conservation district designation is to stimulate the restoration and rehabilitation of structures, and all other elements contributing to the character and fabric of established residential neighborhoods and commercial or industrial areas. New construction will be invited and encouraged provided primary emphasis is given to the preservation of existing buildings and further provided the design of such new space enhances and contributes to the aesthetic character and function of the property and the surrounding neighborhood or area. Contemporary design will be encouraged, provided it is in keeping with the above-stated criteria, as an acknowledged fact of the continuing developmental pattern of a dynamic, changing community. The neighboring community shall be provided notice and opportunity to comment upon the proposed property improvements in accordance with division 38.220 of this chapter. In addition, aggrieved persons shall have the right to appeal any design review decision made under the provisions of this article, in accordance with division 38.250 of this chapter. D. In view of the fact that most of the area included within the boundaries of the conservation district was developed and built out prior to the adoption of zoning and contemporary subdivision regulations, the construction, development pattern and range of uses is highly diverse and may not be in compliance with conventional regulatory requirements. This part (1) recognizes that this diversity is a contributing element of the historic character of these neighborhoods or areas. The provisions of this part (1) must be applied in a manner that will encourage the protection and enhancement of the many diverse features for future generations. E. The conservation district boundary is largely coterminous with the area surveyed in the effort that led to the listing of nine historic districts and 40 additional landmark structures in the National Register of Historic Places, and includes the nine designated historic districts and 40 individual landmarks. The district boundary may be revised as additional cultural resource survey work is completed. This part (1) sets forth the means of protecting and enhancing the conservation district. F. It is further the purpose of the conservation district designation to protect and enhance neighborhoods or areas of significant land planning or architectural character, historic landmarks or other built or natural features for the educational, cultural, economic benefit or enjoyment of citizens of the city. It will be the policy and responsibility of the administrative entities of this part (1) to: 1. Protect, preserve, enhance and regulate historically significant structures, archaeological or cultural sites, and areas that: a. Are reminders of past eras, events or persons important in local, state or national history; b. Provide significant examples of land planning or architectural styles, or are landmarks in the history of land planning and architecture; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 223 December 20, 2017 UDC update 7-28-2017 draft c. Are unique or irreplaceable assets to the city and its neighborhoods; d. Provide examples of physical surroundings in which past generations lived; or e. Represent and express the unique characteristics of small agricultural-based, western city developmental patterns; 2. Enhance property values through the stabilization of neighborhoods and areas of the city, increase economic and financial benefits to the city and its inhabitants, and promote tourist trade and interests; 3. Develop and maintain the appropriate environment for buildings, structures, sites and areas, that reflect varied planning and architectural styles and distinguished phases of the city's history and prehistory; 4. Stimulate an enhancement of human life by developing educational and cultural dimensions, which foster the knowledge of the city's heritage, and cultivate civic pride in the accomplishments of the past; 5. Seek to maintain and enhance the many private and public elements that are unique to the fabric, theme and character of each neighborhood and area, including, but not limited to: lighting, pathways, street trees, natural areas and other features that may, from time to time, be identified by the citizens and property owners’ of neighborhoods, areas and subsections thereof. G. It is further the purpose of this article to protect historic structures and sites as defined in article 7 of this chapter by requiring any person seeking to demolish or move a historic structure or site to comply with 38.230.080 whether or not the structure is located within the NCOD. Sec. 38.340.020. - Design review board and administrative design review staff powers and duties within conservation districts. (38.16.020) A. The DRB and administrative design review staff will review and make recommendations to the review authority regarding development within the neighborhood conservation district in order to maintain the underlying and desirable characteristics of structures and areas within such districts, while recognizing the need for innovation and individual expression in the development of these districts. B. In carrying out this mission, in addition to the duties established in division 38.200 of this chapter, the design review board and administrative design review staff must have the duty to review any tax abatement or other incentive programs being considered by the city commission that are designed to stimulate preservation and rehabilitation of structures and properties, and to review any proposed action or development utilizing these abatement or incentive programs. Sec. 38.340.030. - Conservation district designation or recession. (38.16.030) A site, structure, object, area or district may be designated or rescinded as a landmark, or added to or removed from the conservation district by the city commission upon recommendation of the Historic Preservation Advisory Board subject to the provisions of division 6, Historic Preservation Advisory Board of article 5, chapter 2, and division 38.260, Text and Map Amendments, of this chapter. Property owner concurrence is necessary for the designation or recision of landmark status. Sec. 38.340.040. - Certificate of appropriateness. (38.16.040) A. A certificate of appropriateness must is be required before any and all alteration(s) other than those specifically exempted in subsection 1. of this section, or repair(s) as defined in section 38.700.160 of this chapter, are undertaken upon any structure in the conservation district. The review authority for certificates of appropriateness is established in division 38.220 of this chapter. Compliance with BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 224 December 20, 2017 UDC update 7-28-2017 draft the terms of the final decision is required. The Montana Historical and Architectural Inventory Form must be reviewed and, if necessary, updated by the historic preservation staff to reflect current conditions on the site, prior to the review of the proposal. Application procedures are as follows: 1. No building, demolition, conditional use, sign or moving permit must may be issued within the conservation district until a certificate of appropriateness has been issued by the appropriate review authority, and until final action on the proposal has been taken. a. Limited exceptions. The following construction located within the neighborhood conservation overlay district, within an established historic district, or at a site which is individually listed on the National Register of Historic Preservation, does not require a certificate of appropriateness if the project satisfies the following standards: (1) Fences meeting all other provisions of this chapter (e.g. height limitations, street vision triangle, finished side out, etc. per section 38.410.130) which are built of wood, wrought-iron, or any other non-synthetic material and whose construction allows "transparency" as set forth in Chapter 3, Section F of the design guidelines referenced in section 38.340.050.D. Chain link fencing is not included in this exception. (2) Basement egress windows whose window material and configuration is present elsewhere in the structure, and whose window wells are not on the front or corner- side yardsetback elevation of the structure, and which do not establish or provide egress from an illegal dwelling unit. (3) Accessory structures under 120 square feet as measured from the outer edge of the exterior walls, which meet the setback requirements, are not more than 14 feet to their highest point and which do not require a building permit. (4) Alterations in roofing material, if installing wood shingle, slate, tile, or asphalt shingle material, and no changes are made to the roof shape, pitch or slope. 2. Application, review and public notice procedures for proposals located within the conservation district are set forth in division 38.230, Review Procedures for Site Development, Development Review Committee, Design Review Board, Administrative Design Review and Wetlands Review Board, and division 38.220, Applications and Noticing, of this chapter. If demolition or movement of structures or sites subject to the conservation district requirements is proposed, the procedures in section 38.340.080 must apply. 3. The architectural designs of individual workforce housing units used to satisfy the requirements of section 10.08.040 and meeting the requirements of section 10.08.070A.1.m are exempt from the review requirements of this part (1). This exemption does not extend to removal or alterations of existing structures. Sec. 38.340.050. - Standards for certificates of appropriateness. (38.16.050) A. All work performed in completion of an approved certificate of appropriateness must be in conformance with the most recent edition of the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (published 1995), published by U.S. Department of the Interior, National Park Service, Cultural Resource Stewardship and Partnerships, Heritage Preservation Services, Washington, D.C. (available for review at the community development department). B. Architectural appearance design guidelines used to consider the appropriateness and compatibility of proposed alterations with original design features of subject structures or properties, and with neighboring structures and properties, must focus upon the following: 1. Height; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 225 December 20, 2017 UDC update 7-28-2017 draft 2. Proportions of doors and windows; 3. Relationship of building masses and spaces; 4. Roof shape; 5. Scale; 6. Directional expression, with regard to the dominant horizontal or vertical expression of surrounding structures; 7. Architectural details; 8. Concealment of non-period appurtenances, such as mechanical equipment; and 9. Materials and color schemes (any requirements or conditions imposed regarding color schemes must be limited to the prevention of nuisances upon abutting properties and prevention of degradation of features on the property in question. Color schemes may be considered as primary design elements if a deviation from the underlying zoning is requested). C. Contemporary, non-period and innovative design of new structures and additions to existing structures must beis encouraged when such new construction or additions do not destroy significant historical, cultural or architectural structures or their components and when such design is compatible with the foregoing elements of the structure and surrounding structures. D. When applying the standards of subsections A through C of this section, the review authority must be guided by the design guidelines for the neighborhood conservation overlay district which are hereby incorporated by this reference. Application of the design guidelines may vary by property as explained in the introduction to the design guidelines. When reviewing a contemporary, non-period, or innovative design for new structures or additions to existing structures, the review authority must be guided by the design guidelines for the neighborhood conservation overlay district to determine whether the proposal is compatible with any existing or surrounding structures. E. Conformance with other applicable development standards of this chapter. Development in the NCOD must comply with all other applicable development standards of this chapter.Where there is a conflict between the neighborhood conservation overlay district design guidelines and other development standards in this chapter, the neighborhood conservation overlay district design guidelines take precedence, as determined by the reviewing authority. F. Tax abatement certificate of appropriateness applications are also reviewed with the procedures and standards established in chapter 2, article 6, division 2. Sec. 38.340.060. - Application requirements for certificates of appropriateness in conservation districts. (38.16.060) Applications for certificates of appropriateness must be made in conjunction with applications for site plan approval in accordance with division 38.230 of this chapter. Where development projects in the conservation district require only sketch plan review as per division 38.230 of this chapter (i.e., single- household, two-household, three-household and four-household residential structures, each on individual lots; signs; fences; property alterations; and certain amendments to site plans), applications for certificates of appropriateness must be made on a form provided by the community development department, and must include the information and material as set forth in division 38.220 of this chapter. Sec. 38.340.070. - Deviations from underlying zoning requirements. (38.16.070) A. Because the development of much of historic Bozeman preceded zoning, subdivision and construction regulations, manysome buildings within the conservation district do not conform to contemporary zoning standards. In order to encourage restoration and rehabilitation activity that BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 226 December 20, 2017 UDC update 7-28-2017 draft would contribute to the overall historic character of the community, deviations from underlying zoning requirements may be granted as described in division 38.250 of this chapter. The criteria for granting deviations from the underlying zoning requirements are: 1. Modifications must be more historically appropriate for the building and site in question and the adjacent properties, as determined by the standards in section 38.340.050, than would be achieved under a literal enforcement of this chapter; 2. Modifications will have minimal adverse effects on abutting properties or the permitted uses thereof; and 3. Modifications must assure the protection of the public health, safety and general welfare. Approvals may be conditioned to assure such protection, and such conditions may include a time period within which alterations will be completed; landscaping and maintenance thereof; architectural, site plan and landscape design modifications,; or any other conditions in conformity with the intent and purpose set forth in this part (1). Sec. 38.340.080. – Review of demolition or movement of historic structures or sites. (38.16.080) A. The demolition or movement of any structure or site must be subject to the provisions of this article. This process applies to: 1. Historic properties and sites, as defined in article 7 of this chapter. 2. Non-historic properties per 38.340.100. 3. Unsafe structures whether historic or non-historic per 38.340.110. The provisions for unsafe structures take priority over other provisions for demolition. B. An application to move or demolish a structure subject to this article must follow the applicable review procedures. C. Optional provisional review of demolition. A property owner may request provisional review of the proposed demolition of a structure subject to this article prior to submittal of a certificate of appropriateness application for seeking demolition of the structure. The director of community development may establish criteria for the application for provisional review of demolition. Provisional review is advisory only and does not constitute approval to demolish a structure. Provisional review must consider: 1. The property’s historic significance. 2. Whether the structure has no viable economic life remaining. “No viable economic life remaining” means the costs of repair and/or rehabilitation to bring the structure to a habitable condition as established by the applicable technical codes in Article 10.02, exceed the costs of demolition and redevelopment to minimum standards with a building of the same type and scale. Sec. 38.340.090. - Demolition or movement of a historic structure or site. (new per Ordinance 1920) A. Certificate of appropriateness (COA) for demolition and subsequent development. Approval of the proposed subsequent development is required for all historic structures proposed for demolition and for the proposed movement of any structure or site. B. Public notice. Proposals for demolition of historic properties within the city limits require public notice. Notice of application(s) must be provided in accordance with division 38.220 of this chapter. C. Criteria. The reviewing authority must consider the following factors in evaluating applications for demolition or movement of a historic structure or site and subsequent redevelopment: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 227 December 20, 2017 UDC update 7-28-2017 draft 1. The property’s historic significance. 2. Whether the structure has no viable economic life remaining. “No viable economic life remaining” means the costs of repair and/or rehabilitation to bring the structure to a habitable condition as established by the applicable technical codes in Article 10.02, exceed the costs of demolition and redevelopment to minimum standards with a building of the same type and scale. 3. Whether the subsequent development complies with 38.340.050. 4. Whether the subsequent development includes construction of new building(s) unless the existing character of the area does not include buildings. 5. Subsequent development requires a building permit and does not include proposals which leave the site without building(s) or structure(s). Notwithstanding the above, for projects proposing the removal of a historic structure, which do not qualify for sketch plan review pursuant to 38.230.070, the review authority, may determine the proposed subsequent site development is more appropriate for the site based on the criteria in 38.230.100. D. Review process. 1. Upon application for a COA for demolition and subsequent development the review authority may: a. Grant preliminary or final approval of the demolition with standard contingencies and/or project specific conditions. b. Deny the Certificate of AppropriatenessOA application. 2. COA approval. a. Preliminary COA approval. After preliminary approval with contingencies or conditions requiring follow up work, the applicant may apply for final COA approval and must demonstrate compliance with development standards and completion of contingencies and conditions, including documentation. T, the review authority must approve the COA for demolition and subsequent development. b. Final COA approval. If the submitted application materials demonstrate compliance with development standards and completion of contingencies and conditions, including documentation, the Review review Authority authority must approve the COA for demolition and subsequent development. 3. If an application for demolition or moving is denied due to failure to meet 38.340.090.C issuance of a demolition or moving permit must be stayed for a period of two years from the date of the denial in order to allow the applicant and city to explore alternatives to the demolition or move, including, but not limited to, the use of tax credits or adaptive reuse. The two-year stay may be terminated at any point in time if an alternate proposal is approved or if sufficient additional evidence is presented to otherwise satisfy the requirements of this section. a. Early termination of two-year stay. An owner of property subject to a stay under this section may seek early termination of the stay if the owner demonstrates it s/he has actively and in good faith sought alternatives to demolition. These alternatives may include but are not limited to: listing the property for sale as a historic property; actively seeking input from neighborhood groups and interested parties; exploringed alternative funding sources for stabilization and/or reconstruction; and offering the property for relocation. b. If, upon expiration of the two-year stay of demolition, no alternate proposals have been approved or sufficient evidence has not been presented to otherwise terminate the stay, an BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 228 December 20, 2017 UDC update 7-28-2017 draft application for a demolition permit may be presented to the city pursuant to Chapter 10, article 3 or 4 of this Code. If all requirements of the demolition permit are satisfied, including documentation of the structure to be moved or demolished and the review authority has approved the subsequent development and has issued a building permit issued for the subsequent development, a demolition permit pursuant to chapterChpt. 10, article 3 or 4 must be granted and no other proceedings under this chapter are required. c. The two-year stay does not begin to run if denial of a COA to demolish a historic structure or site is based on the failure of the applicant to make a complete and adequate submittal or to propose a subsequent treatment which complies with the standards of this chapter. 4. Standard requirements. a. Subsequent development of the site must receive zoning approval, building permit approval, and pay all related fees prior to issuance of a demolition permit. b. Documentation of the structure must be completed and submitted to the historic preservation officer and deemed complete and adequate prior to issuance of a demolition permit per paragraph 38.340.120. c. The review authority may require a developer to enter into a development agreement with the city at the time of issuance of a certificate of appropriateness authorizing demolition of all or part of a historic structure in the neighborhood conservation overlay zoning district or in a designated historic district. The development agreement may provide for conditions of demolition, timing of reconstruction, and may require the developer to post a surety bond naming the city as a beneficiary for not more than 10 percent of the costs of the overall reconstruction budget as a guarantee that construction of the replacement structure will commence promptly upon completion of the demolition. This requirement is in addition to any other requirement of this code. Sec. 38.340.100. - Demolition or movement of a non-historic structure or site in the NCOD. (new per Ordinance 1920) A. Certificate of appropriateness (COA) for demolition and subsequent development. Required for all properties proposed for demolition or movement of any structure or site. Subsequent development does not include proposals which leave the site without building(s) or structure(s). B. Public Notice. Notice must be provided in accordance with division 38.220 of this chapter. C. Criteria. 1. The applicable criteria are the COA criteria of 38.340.050. 2. The subsequent development must include construction of new building(s) unless the immediately prior character of the area did not include buildings. D. Review process. 1. Upon application for a COA for demolition and subsequent development the review authority may: a. Grant preliminary or final approval of the demolition with standard contingencies and/or project specific conditions. b. Deny the Certificate of AppropriatenessOA application. 2. COA approval. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 229 December 20, 2017 UDC update 7-28-2017 draft a. Preliminary COA approval. After preliminary approval with contingencies or conditions requiring follow up work, the applicant may apply for final COA approval and must demonstrate compliance with development standards and completion of contingencies and conditions, including documentation. T, the review authority must approve the COA for demolition and subsequent development. b. Final COA approval. If the submitted application materials demonstrate compliance with development standards and completion of contingencies and conditions, including documentation, the review authority must approve the COA for demolition and subsequent development. 3. Standard requirement. Subsequent treatment of the site must receive zoning approval prior to issuance of a demolition permit. Subsequent treatment may include replacement with a new building, integration of the area into a larger site which will support future development, or reclamation of the site to a safe, graded condition where storm-water runoff and weeds are controlled and landscaping is reestablished. Sec. 38.340.110. - Demolition or movement of an unsafe structure whether historic or non- historic. (new per Ordinance 1920) A Certificate of appropriateness (COA) for demolition and subsequent development. Upon application and the chief building official’s determination that the property is unsafe, the review authority may approve demolition and subsequent development. Subsequent development for an unsafe structure may be its replacement with a new building, integration of the area into a larger site which will support future development, or reclamation of the site to a safe, graded condition where storm- water runoff and weeds are controlled. B. Public notice. Notice must be provided in accordance with division 38.220 of this chapter. C. The demolition of unsafe properties / structures may be subject to the public nuisance abatement provisions of chapter 16, article 2 of this code. Upon the chief building official’s determination that the property is unsafe and declaration of a public nuisance if the property owner does not resolve the unsafe condition, the review authority must give final approval on a COA, which may be initiated by the city, and the demolition permit will be issued so the city may abate a nuisance. D. The provisions of this section may be initiated by a land owner; or by the city in accordance with article 16.02. Sec. 38.340.120. - Documentation and administrative procedures. (new per Ordinance 1920) A. Documentation. All structures or sites approved for demolition or moving must be fully documented. 1. The director of community development must establish by administrative order rules for documentation of non-historic and historic properties. This documentation must be created by a professional who satisfies professional qualification standards for History, Archeology or Architectural History, as established by the National Park Service and published in the Code of Federal Regulations, 36 CFR Part 61. 2. Documentation may be submitted as early in the process as the property owner desires to support the requested action, and to further the consideration and review of the request, but not later than prior to issuance of a building permit. B. A building permit application, in accordance with applicable codes and requirements, must be submitted and approved before any demolition or construction is allowed. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 230 December 20, 2017 UDC update 7-28-2017 draft C. All fees and charges applicable to review of the request for demolition and construction of the subsequent development (e.g. parkland, water rights, impact fees) must be paid prior to issuance of a building or demolition permit. 1. When required by the city, this must include a financial security in a form approved by the city attorney ensuring completion of the demolition and reclamation of the site to a safe condition. D. In addition to the remedies in division 38.220 of this chapter, the owner of any structure or site that is demolished or moved contrary to the provisions of this section, and any contractor performing such work, may be required to reconstruct such structure or site in a design and manner identical to its condition prior to such illegal demolition or move, and in conformance with all applicable codes and regulations. Sec. 38.340.130. - Safe condition and good repair. (new per Ordinance 1920) Each property or structure located in the NCOD conservation district must be maintained in safe condition and good repair as required in 16.02.030 and 16.02.040. Nothing in this article division 38.340 must be construed to prevent normal maintenance and repair of any exterior feature of any historic structure which does not involve a building permit. Interior arrangements or alterations to the interior of a building must not be subject to this requirement. 38.350 General land use standards & requirements (most of Article 21) Sec. 38.350.010. - Area requirements for individual buildings—Restrictions. (38.21.010) No part of any yardsetback, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, must may be included as part of a yardsetback, open space or off-street parking or loading space similarly required for any other building except as provided in section 38.540.060. Sec. 38.350.020. - Yards Setbacks and lots reduction prohibited. (38.21.020) No yardsetback or lot existing at the time of the adoption date of the ordinance from which this chapter is derived must may be reduced in dimension or area below the minimum requirements of this chapter except as set forth herein. YardSetbacks or lots created after the effective date of said ordinance must meet at least the minimum requirements established by this chapter. Sec. 38.350.030. - Use of lands; buildings and structures. (38.21.030) A. Only uses specifically identified by this chapter are to be built. No building, or structure or part thereof must may be erected, altered or enlarged for a use, nor must any existing building, structure or part thereof, or land, be used for a purpose or in a manner that is not in conformity with the uses listed as authorized uses for the zone in which such buildings, structure or land is situated. In addition, any land, building or structure to be erected or used for a purpose listed as a conditional or special use in such zone must first receive final approval of a conditional use permit for the use. Existing nonconforming uses and structures must be governed bycomply with division 38.270 of this chapter. B. No building, or part thereof, or structure must may be erected, nor must may any existing building be altered, enlarged or rebuilt, or moved into any zone, nor must may any open space be encroached upon or reduced in any manner, except in conformity to the yardsetback and setback regulations designed for the zone in which such building or open space is located, except as otherwise specified in this chapter. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 231 December 20, 2017 UDC update 7-28-2017 draft C. Recreational vehicle parking on residential lot. No person must shallmay park or occupy any recreational vehicle or mobile home on the premises of any occupied dwelling or on any lot which is not a part of the premises of any occupied dwelling, either of which is situated outside of any approved manufactured home community or recreational vehicle park except that: 1. The parking of only one unoccupied recreational vehicle in any accessory individualprivate garage, or in a rear yardsetback in any district is permitted, providing provided no living quarters must may be maintained or any business practiced in the recreational vehicle while such recreational vehicle is so parked or stored; and 2. In the event of hardship, temporary use permits may be granted for occupying such recreational vehicle or mobile home. D. Municipal infrastructure requirements. 1. Whenever any building lots and/or building sites are created inside the city limits or existing lots are annexed, and prior to the issuance of any building permits on such lots or sites, municipal water distribution, municipal sanitary sewer collection, and streets must be provided to the site. Each building site must utilize and be connected to both the municipal water distribution and municipal sanitary sewer collection systems. Installation of improvements is subject to division 38.270 of this chapter. a. Alternative. When, in the city's sole determination, it is in the city's long term best interests to allow a building lot or site to be created or developed without immediate access to either municipal water or municipal sewer the city may, in at its sole discretion, make such allowance when all of the following have been met: (1) The non-municipal system to service the lot or site must be designed, reviewed and constructed to meet city standards. Systems serving more than one lot or user must be central systems; (2) The non-municipal system must be designed and constructed in a manner to allow connection to the municipal system components shown in applicable facility plans to serve the property at such time as it becomes available; (3) The landowner must provide waivers of right to protest creation of SIDs special improvement districts or other financing methods to extend municipal water and sewer services. Such extensions or connections may require construction of system components that are not immediately adjacent to the building lot or site; (4) The landowner must agree to connect to municipal water and sewer services and abandon and remove non-municipal services when so instructed by the city. Such agreement must be binding on all successors and run with the land; (5) If the city takes responsibility to operate the non-municipal system it may impose a surcharge to cover extra operational expenses. City operation of the system is at the city's discretion; (6) The requirement for future connection to the municipal water and/or sewer system, waivers and agreements, and other applicable materials must be either noted on the plat or final plan or a separate notice be recorded at the county clerk and recorder's office so that such notice will appear on a title report or abstract of the property; (7) No non-municipal water or sewer systems must be constructed until it has received all necessary approvals from the state department of environmental quality, City of Bozeman, County Environmental Healthhealth department, and any other relevant agency have been received; and BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 232 December 20, 2017 UDC update 7-28-2017 draft (8) The use of municipal water or sewer systems is considered to be the best means to protect the public interest and welfare. The alternative for the use of non-municipal systems is intended to be used sparingly and in extraordinary circumstances. In order to protect the public interest, in approving a non-municipal system the city may impose such conditions of approval as it deems necessary. 2. These improvements must be designed, constructed and installed according to the standards and criteria as adopted by the city and approved by the city prior to the issuance of any building permits. 3. When municipal water distribution and municipal sanitary sewer collection systems are being provided to serve a development proposal occurring under the provisions of division 38.430, planned unit development (PUD), the issuance of a building permit may be allowed prior to completion of the public infrastructure, provided the criteria of section 38.270.030 are met. 4. Notwithstanding the provisions of subsection D.3 of this section, the city may limit the scope, type and number of projects eligible for simultaneous construction consideration. Sec. 38.350.040. - Dwelling unit restrictions. (38.21.040) A. No use of unfinished structures. No cellar, garage, tent, tepee, yurt, basement with unfinished structure above, accessory building, or vehicle; or any manufactured home or recreational vehicle outside of an approved manufactured home community, recreational vehicle park, or approved individual lot in accordance with section 38.360.160 must can at any time be used as a dwelling unit, unless approved for use as a temporary dwelling unit due to a demonstrated hardship. B. Use of basements. The basement portion of a finished home must be properly damp-proofed and have nature lighting, heating, ventilation, , and suitable fire protection and exits if used for living. purposes, and natural lighting. Sec. 38.350.050. - YardSetback and height encroachments, limitations and exceptions. (38.21.060) A. Permitted encroachments into yardsetbacks. The following must beare permitted encroachments into required yardsetbacks, subject to any and all applicable International Building Code requirements and/or utility easements: 1. Architectural features which do not add usable area to a structure, such as chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, eaves, gutters, awnings, window wells and steps, provided such architectural features do not extend more than five feet into any required front or rear yardsetback; 2. Architectural features, which do not add usable area to a structure, such as chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, awnings, window wells and steps, provided such architectural features do not extend more than two feet into any required side yardsetback, except that eaves and gutters may extend 2.5 feet into any required side yardsetback; 3. Terraces and patios, uncovered decks and stoops or similar features, provided that such features must do not extend above the height of the ground floor level of the principal structure nor more than five feet into any required front or rear yardsetback or two feet into any required side yardsetback; 4. Porches and covered entries in the R-5 district may project up to six feet into the front setback area except where front setback utility easements prevent such projections; Where porches, covered terraces and covered decks occupy not more than one-third of the length of the building wall, excluding the width of the garage if applicable they may encroach: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 233 December 20, 2017 UDC update 7-28-2017 draft a. Where the required front yardsetback is greater than 15 feet, not more than five feet into any required front yardsetback; b. Not more than five feet into a required rear yardsetback; bc. Not more than two feet into any required side yardsetback; and 5. Fire escapes may be permitted in required side or rear yardsetbacks only; 6. Wheelchair ramps may encroach into any required yardsetback, but must not be located closer than three feet from any property line; and 7. Flagpoles, ornamental features, trees, shrubs, walkways, and nameplate signs may be located within a required yardsetback. Street vision triangle requirements apply; and. 8. Essential services Type I and Type II may be located within a required yardsetback when they are within a utility easement. Figure 38.350.050.A. Example of permitted encroachments. B. Zero lot line conditions. In districts where zero side yardsetback setbacks are not otherwise allowed, where an individual owns two or more adjoining lots, or where the owners of two or more adjoining lots make legal written agreement recorded at the county clerk and recorder, a zero lot line concept may be used for commercial or single-household dwelling unit developments. In residential districts this may result in the creation of a two-household residential structure, only in districts permitting such a structure, or the creation of townhouse clusters in districts permitting such structures. In all such cases in residential districts, a minimum eight-foot side yardsetback must be maintained adjacent to the exterior side, or nonzero lot line side, of the structure. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 234 December 20, 2017 UDC update 7-28-2017 draft Figure 38.350.050.B. Zero lot line conditions. C. Required sSetbacks from watercourses asre set forth in section 38.410.100. Special yard setbacks. 1. Where the required setback is greater than 15 feet, the corner side yard for any corner lot not located on an arterial street may be 15 feet. However, where the vehicular access to a garage is located on the frontage of the corner side yard, the portion accessible to vehicles shall maintain at least a 20-foot setback. 2. A 25-foot front yard or corner side yard shall be provided on all arterials designated in the city growth policy within residential zoning districts, except within the B-2M and the B-3 district. 3. Setbacks from watercourses as set forth in section 38.410.100. 4. Setbacks from intersections as set forth in section 38.400.090. D. Height limitation exceptions. 1. Non-specific exemptions. No building, or part thereof, or structure must be erected, reconstructed or structurally altered to exceed in height the limit herein designated for the district in which such building is located, except as is specified in division 38.250 of this chapter, or as specifically authorized as an approved condition of a planned unit development. Such approved conditions must include the recommendations of the city fire marshal. 2. Specific exemptions. a. Height limitations must do not apply to church spires, belfries, cupolas and domes; monuments; chimneys and smokestacks; flag poles; public and private utility facilities; parapet walls extending no more than four feet above the limiting height of the building except as hereinafter provided:; amateur radio antennae; solar energy collectors and equipment used for the mounting or operation of such collectors; and building mounted horizontal and vertical axis wind energy collectors under 15 feet in height from the building mounting surface, and equipment used for the mounting or operation of such collectors. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 235 December 20, 2017 UDC update 7-28-2017 draft b. Places of public assembly in churches, schools and other permitted public and semi-public buildings may exceed height limitations otherwise established by this chapter, provided that: (1) The portion of the building that exceeds the height limit must be limited to 10 percent of the total building footprintThese are located on the ground floor of such buildings; and (2) That for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yardsetbacks must be increased in width or depth by an additional one foot over the side and rear yardsetbacks required in the district. c. Elevator and stair penthouses, water tanks, monitors and scenery lofts are exempt from height limitations otherwise established in this chapter, provided that no linear dimension of any such structure exceed 50 percent of the corresponding street frontage line. d. Towers and monuments, cooling towers, gas holders or other structures, where the manufacturing process requires a greater height, and grain elevators and silos are exempt from this chapter, provided that any structure above the height otherwise permitted in the district must occupy no more than 25 percent of the area of the lot and must be at least 25 feet from every lot line. e. Height restrictions for wireless facilities are governed by division 38.370 of this chapter. Sec. 38.350.060. -Fences, walls and hedges (38.23.140) A. Location and height. Except as provided in section 38.400.100, fences, walls and hedges, in any district may be located on lot lines, provided such fences, walls and hedges comply with the following height requirements: 1. Do not exceed six feet in height in any required rear or required side yardsetback. Fences exceeding six feet in height must be subject to the minimum yardsetback requirements of the district in which such fences are located. Decorative post caps may exceed the height limit by no more than one additional foot. Fences in excess of six feet in height require a building permit before installation may commence. Fences may not exceed eight feet in height. a. A gate may be provided which defines an entrance point. The gate may have a defining structure so long as the defining structure is not more than one foot wide on either side of the gate. Gate structure heights may not exceed twice the allowed fence height. 2. Do not exceed four feet in height in any required front yardsetback or any portion of a required corner side yardsetback that is forward of the rear edge of the building façade nearest the corner side yardsetback. Decorative post caps may exceed the height limit by no more than one additional foot. 3. Fences used in an agricultural pursuit to retain stock animals or for public safety must be excepted. 4. The height of fences located in the B-3 district must meet the requirements of this section for any provided, not required, yardsetbacks. B. Relation to linear parks. Fences located in the rear or side yard setback of properties adjoining any city linear park must have a maximum height of four feet. C. Construction and maintenance. Every fence or wall must be constructed in a substantial, workman- like manner and of substantial material reasonably suited for the purpose for which the fence or wall is proposed to be used. Every fence or wall must be maintained in a condition of reasonable repair and must not be allowed to become and remain in a condition of disrepair, damage or unsightliness, BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 236 December 20, 2017 UDC update 7-28-2017 draft or constitute a nuisance, public or private. Any such fence or wall which is, or has become, dangerous to the public safety, health or welfare, or has become unsightly through improper maintenance or neglect is a public nuisance and the building official must commence proper proceedings for the abatement thereof. D. Barbed wire and electric fences. 1. No barbed wire or similar sharp fencing or electric fences must beis permitted, except in R-S districts; except that barbed wire or other similar sharp fencing materials may be used on the top of security fences in M-1 and M-2 districts. 2. When electrically charged fences are used in an R-S district, such fences must be posted with warning signs at intervals not to exceed 150 feet where such fences are adjacent to public rights-of-way. E. Measuring fence and wall height. In case of a fence erected on top of a retaining wall, the height must be measured from the grade of the high side of the wall. F. "Finished" side out. Any fence or wall constructed so as to have only one elevation "finished," which must be defined as not having its supporting members significantly visible, must be erected such that the finished elevation of the fence is exposed to the adjacent property. G. Fencing of utilities and outdoor storage areas. 1. All utility substations, wells, storage facilities or other utilities must be screened from view by a wall, fence, hedge or landscape screen. 2. All storage for commercial operations must be conducted within a completed enclosed building or within an area completely enclosed, except for access points, by a wall, fence, hedge or landscape screen at least six feet in height. Figure 38.320.110 Fences. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 237 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.350.070. –Parking and garages for single to four-household residential uses (38.08.070) A. Applicability. The following standards apply to all residential development, except multi-household developments featuring more than four attached dwelling units. B. General requirements. 1. Surface parking may be allowed within the front setback when located in front of a parking space that meets setback provisions of division 38.320. 2. Surface parking may be allowed in the rear setback. 3. See section 38.400.090 for drive access requirements. C. Residential garage setback standards. 1. Individual garages are subject to setback standards in Tables 38.320.030-.040. 2. All garages facing the street must be at least four feet behind the front façade of the structure. Garage entrances may also be tucked under the second floor to help meet this requirement. D. Residential garage width standards. 1. Where a garage door or doors facing the street occupy more than ten feet of the façade’s width, the total width of the garage door or doors must comprise no more than 50 percent of the width of the ground level façade facing the street. 2. There is no restriction on the number of individual garage doors facing the street, only the proportion of the façade associated with a garage door or doors exceeding ten feet in total width. E. Individual garages facing the street are not permitted in the B-3 district when an alley is adjacent to the property. 38.360 Index of supplemental use criteria (Article 22) Sec. 38.360.010. - Purpose. (38.22.010) The purpose of this section is to further describe the standards and conditions under which certain uses may be permitted as principal, special, or conditional uses in specific districts. Sec. 38.360.020. - Applicability. (38.22.020) All uses listed in this section must beare subject to the specific standards described for each use, in addition to all other applicable standards. Sec. 38.360.030. - Accessory buildings, uses and equipment. (38.21.050) A. An accessory building must beis considered an integral part of the principal building if it is connected to the principal building by a common wall for not less than five feet horizontally and eight feet vertically. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 238 December 20, 2017 UDC update 7-28-2017 draft Figure 38.360.030.A. Accessory building example. B. Accessory buildings, uses or equipment must may not be stored or constructed between the front lot line and required front building line. C. Accessory buildings and garages must may not be located within a utility easement without written approval of the easement holder. D. Accessory buildings in any business or industrial district may be located only to the rear of the front line of the principal building. E. No accessory building must shallmay exceed the footprint of the principal building unless such accessory building has been otherwise approved per this chapter. F. Accessory buildings with less than 5five feet separation between walls or with any connecting elements will be considered a single structure for determination of maximum size allowed. GF. An accessory building shall not eitherheight and setback limitations in residential zoning districts: 1. Accessory buildings mustmay not eExceed the height of the principal building unless such accessory building has been otherwise approved per this chapter; andor 2. From a height of 15 feet at the minimum side and rear setback as set forth in division 38.320, buildings must step back at a 45 degree angle away from the side or rear property line as shown in figure 38.360.030.G below: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 239 December 20, 2017 UDC update 7-28-2017 draft Figure 38.360.030.G. Angled setback plane for accessory buildings along side setbacks. Permitted setback plane encroachments: a. Permitted horizontal encroachments include those elements and standards set forth in section 38.350.050.A. b. Permitted vertical encroachments include those elements and standards set forth in section 38.240.050.D. HG. Mechanical equipment screening. 1. Rooftop mechanical equipment should must be screened. Screening should must be incorporated into the roof form when possible. The requirement for screening of rooftop mechanical equipment does not apply to solar or wind energy collection devices. 2. Ground-mounted mechanical equipment must be screened from public rights-of-way with walls, fencing or evergreen plant materials. Mechanical equipment must may not encroach into required setbacks. IH. Detached structures setback requirements. 1. Accessory structures less than or equal to 120 square feet in footprint must may not be located in any front, side, or corner-side yardsetback and must maintain a minimum setback of three feet from the property lines in the rear yardsetback. 2. Accessory structures greater than 120 square feet but less than or equal to 600 square feet in footprint must may not be located in any front, side, or corner-side yardsetback. The accessory structure must be set back a minimum of either: a. Six feet, or b. When parking is provided between the structure and the rear property line, 20 feet except when required parking spaces need a greater setback for back-up maneuverability. See the following examples: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 240 December 20, 2017 UDC update 7-28-2017 draft Alley Right-of- Way Width Setback for Garage without Stacked Parking Setback for a Garage with Stacked Parking Off of an Alley 30 feet 6 feet 20 feet 20 feet 6 feet 246 feet 16 feet 10 8 feet 2830 feet 14 feet 12 10 feet 302 feet 3. Accessory structures greater than 600 square feet must may not be located in any required front or side setback, or in a rear yardsetback when no alley is present. Adequate back-up maneuverability for required parking spaces must be provided. 4. Accessory structures greater than 600 square feet may be located in required rear setbacks when an alley is present and must provide adequate backup maneuverability for required parking spaces. Figure 38.360.030.I.1. Detached structure setback requirements. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 241 December 20, 2017 UDC update 7-28-2017 draft Figure 38.360.030.I.2. Garage setback requirements. JI. Structures may occupy not more than 20 40 percent of the area of the lot located to the rear of the principal building. Figure 38.360.030.J. Accessory structures are limited to a maximum of 40% of the lot area between the principal building and the rear lot line. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 242 December 20, 2017 UDC update 7-28-2017 draft KJ. All structures located within the neighborhood conservation or entryway corridor overlay districts require a certificate of appropriateness unless exempted in division 38.340 of this article. K. Not more than two deviations shall be granted for any accessory structure. Sec. 38.360.040. - Accessory dwelling units (ADU). (38.22.030) An owner or the owners of real property may establish and maintain an a accessory dwelling unit, either within a detached single-household dwelling or above a detached garage which is accessory to the detached single-householdprincipal dwelling(s), in a residential zoning the R-S or R-1 districts if all of the following conditions applicable to the district and type of ADU are met and continue to be met during the life of the accessory dwelling unit: A. Standards for all ADU’s: 1. Maximum size: In no case must shallmay an ADU be larger than 800 600 square feet or have more than a single bedroom. The method of calculating the maximum ADU square footage will be "living area" defined as "all floor area exclusive of areas with a sloped ceiling less than three feet in height, stairwells, and exterior decks." Bedrooms, living rooms, kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living space must be included in the maximum square footage calculation. 2. Number: Only one accessory dwelling unit may be created per lot. 3. Parking: In addition to the parking required for the principal residence, one paved off-street parking space is must be providedis required for the exclusive use of the ADU. The parking provided must be located on the lot and may not utilize the on-street parking provisions of division 38.540 of this chapter. 4. Occupancy: The occupancy of the ADU does mustmay not exceed two persons. 5. Garage conversions: Garages must may not be converted for use as ADU’s unless all required parking is otherwise provided before conversion. However, ADU‘s must be permitted tomay be placed above garages except where otherwise noted. 6. No deviations must shallmay be granted to lot area requirements or parking requirements to allowing the establishment of an ADU.. In no case shall more than a total of two deviations be granted to allow the establishment of an ADU. B. Standards for detached ADU’s: 1. Design. Detached ADU’s, including second story additions on detached garages must may be approved only if found compatible and consistent with the existing character and fabric of the neighborhood. The Review Authority director must consider placement and size of windows, decks, balconies, fencing, landscape screening, and height and massing of the structure to minimize impacts to adjacent properties. 2. Any accessory dwelling unitADU created within an accessory building is subject to the limitations of section 38.360.030. C. Supplemental ADU provisions for the R-S and R-1 districts: 1. Occupancy: The detached dwelling unit within which the ADU is located, or the ADU itself, is actually and physically occupied as a principal residence by at least one owner of record who possesses at least an estate for life or a 50 percent fee simple ownership interest. No more than one of the dwellings, either the principal dwelling or the accessory dwelling, may be rented by non-owners at the same time. The city may require a guarantee of compliance with the requirements of this section, including but not limited to a binding deed restriction or covenant BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 243 December 20, 2017 UDC update 7-28-2017 draft enforcing the single rental restriction as allowed in section 38.270.080.B, as a condition of approval. 23. Location: The accessory dwelling unit may be: a. A part of the principal dwelling unit, provided the ADU is clearly incidental to the principal dwelling unit and meets all of the following criteria: b. Lot area per Table 38.320.020 is provided. c. The ADU is created only in a single-household detached dwelling unit on a lot of 6,000 square feet or more. d. The ADU does not exceed one-third of the total area of the principal structure. (3) The ADU is created only through internal conversion of the principal structure or constructed above a garage. Minor exterior changes may be made on the building, if the square footage added constitutes no more than ten percent of the principal structure's existing living area (exclusive of the garage). e. If the entrance for the ADU is separate from the entrance of the principal structure, the entrance must only be located in the rear or side yardsbe on a façade different than that of the main entry.. b. Located above a detached garage only in subdivisions receiving preliminary plat approval after January 1, 1997. Location within the principal dwelling is not restricted by the date of platting. 34. No permit for an ADU must shallwill be granted unless the lot has been configured to accept an ADU with adequate lot area, utility services, and compliance with setbacks and height standards. 10. All accessory dwelling units are subject to CUP provisions established in division 38.230 of this chapter. D. Supplemental ADU provisions for the R-2, R-3, R-4, R-5, R-O, or REMU (residential single- household lots only) districts: 1. Maximum size: In no case must an ADU be larger than 600 square feet or have more than a single bedroom. The method of calculating the maximum ADU square footage will be "living area" defined as "all floor area exclusive of areas with a sloped ceiling less than three feet in height, stairwells, and exterior decks." Bedrooms, living rooms, kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living space must be included in the maximum square footage calculation. 12. Location. The accessory dwelling unit may be: a. Located in a detached structure on a lot with alley access; or b. Located above a detached garage. 23. An accessory dwelling unit may not be approved on a reduced size lot created to meet the minimum workforce housing requirements of chapter 38, division 380. D. The applicant shall comply with building department standards. Sec. 38.360.050. - Adult businesses. (38.22.040) A. In addition to the requirements to be followed for all development established in this chapter, the following requirements must apply to all adult businesses: 1. An adult business must be separated by at least a 500-foot radius from any other adult use, residence, residential district, school, place of worship, public park or any youth-oriented BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 244 December 20, 2017 UDC update 7-28-2017 draft establishment. Subsequent establishment of one of the above-listed uses within the required separation radius does not compel the relocation of an adult business. Sec. 38.360.060. - Alcohol sales for on-premises consumption. (38.22.050) Alcohol sales for on-premises consumption, on either a temporary or permanent basis, may not be conducted on the same lot or premises where an adult business or the sale of auto retail fuel sale is permitted. Sec. 38.360.070. - Automobile repair and/or fuel sales. (38.22.060) A. In addition to applicable project design standards in article 5 of this chapter and the requirements to be followed for all convenience uses as defined in this chapter, and provided in section 38.360.100 and elsewhere in this chapter, the following requirements must apply to all service station and automobile uses as listed in this section. Compliance with all criteria listed in this section does not necessarily guarantee approval by the city. 1. Gas pump and pump island canopies are tomust be located not closer than ten feet to any side or rear property line. Design of the canopy must architecturally match the design of the main building. All canopies must be connected to the roof of the main structure unless otherwise approved. All lighting must meet the lighting standards of this chapter. The maximum height of the canopy must not exceed 18 feet. All signs must conform to the sign regulations of division 38.560 of this chapter; 2. All on-site activities, except those normally performed at the fuel pumps, are tomust be performed within a completely enclosed building; 3. Where towing service is to be provided, a parking bay for the towing vehicle is tomust be provided. Vehicles that are either under repair or vehicles that have been repaired may be stored on a temporary basis, not to exceed seven days, and designated parking bays must be provided for each vehicle awaiting repairs. Vehicle storage areas are subject to the same screening requirements as parking lots; 4. All structures approved under these standards must be of a design character that is appropriate to the area in which they are to be constructed. Color renderings of buildings must accompany each application and construction must be in conformity thereto. Architectural detailing must be consistent on all four sides of the building.; 5. Parking space for each service stall in the station must be provided. Pump islands must not be considered as service bays. Standing areas at pump islands and interior circulation areas must not be used as parking areas in calculating required parking spaces; 6. All restroom entrances shall be screened from view of adjacent properties or street rights-of- way by a decorative wall or landscaping, or shall be accessed from the inside of the main entrance to the building; 7. No outside storage of, and no sale, lease or rental of trailers, trucks or similar equipment must shall beis permitted except as may be specifically allowed in that zone; 78. Automotive repair facilities. a. All repairs or painting must be performed within a building; b. No site plan must shallwill be approved which exposes unassembled vehicles, auto repair activities or auto parts to any street or residential district; c. Any facility must be designed to contain and minimize noise and odors; and BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 245 December 20, 2017 UDC update 7-28-2017 draft d. All facilities must have a water quality facility (oil/water separator) as part of the water quality design for stormwater runoff, and must conform to section 38.410.080. Sec. 38.360.080. - Automobile washing establishment. (38.22.070) A. In addition to applicable project design standards in article 5 of this chapter and the requirements to be followed for all convenience uses, the following requirements shall apply to all auto washing establishments: 1. All detergents must be biodegradable; 2. Building surfaces shall be faced with masonry, brick, stucco, wood or some other permanent looking material; 3. Trash and litter containers shall be emptied daily. In addition, the site shall be patrolled at least once daily in order to remove litter; 4. Sale of automobile accessories such as batteries, tires, gasoline, etc., is prohibited during any period when establishment employees are not present; and 5. Canopies are to be located not closer than ten feet to any side or rear property line. Design of the canopy shall architecturally match the design of the main building. All lighting shall meet the lighting standards of this chapter. The maximum height of the canopy shall not exceed 18 feet. All signs must conform to the sign regulations of division 38.560 of this chapter. Sec. 38.360.090. - Cemeteries. (38.22.080) A. Total site area, including business office and storage building, shall be a minimum of 40 acres, of which at least ten acres shall be subdivided and developed in the initial plot. B. The cemetery may include accessory uses such as a chapel, mortuary, office, mausoleum and those industrial uses which are incidental to the operation of a cemetery. Industrial uses may include such things as the manufacture of burial vaults and headstone foundations, provided all of the products are used on the site and are not offered for sale and use elsewhere. The cemetery shall not include uses of an industrial nature other than those stated in this section. Sec. 38.360.080. - Community center. (38.22.210) A. Within residential districts, there must be public street access onto an arterial or collector standard street within 600 feet of the entrance to a community center site. B. Community centers located within residential districts must, when any individual structure exceeds 5,000 square feet in gross floor area or exceeds the district's allowed maximum height, provide a 20 foot landscaped yardsetback between the building and adjacent residential uses. A structure separated from the adjacent residential uses by a parking lot, public street, watercourse, public open space, or similar separation is exempt from the additional yardsetback width requirement. C. Each community center site with more than 40 parking spaces must provide a minimum of two ingress/egress points which comply with section 38.400.090. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 246 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.360.090. - Condominiums. (38.22.090) A. Unit ownership act. Condominium developments must comply with all provisions of the Unit Ownership Act, MCA 70-23-101 et seq., and all regulations adopted to implement to Act. B. Condominium association. A condominium association must be established for each condominium development. The developer must prepare bylaws for the condominium association, as well as covenants, conditions and restrictions for the condominium development, in compliance with division 38.220 of this chapter. The bylaws, covenants, conditions and restrictions must be submitted to the city for review and approval prior to the granting of final site plan approval or approval for condominiumization of existing development. C. Internal circulation in a condominium development must be designed in accordance with division 38.540 of this chapter, and must, when deemed necessary by the city engineer, comply with section 38.400.020. D. Condominiums may be subject to chapter 38, division 380. Sec. 38.360.100. - Convenience uses and drive-through/drive-in restaurants. (38.22.100) A. In addition to applicable building design standards in division 38.530 of this chapter, the following supplemental aArchitectural guidelines shall must apply:. 1. All convenience uses must be designed with an architectural and design character that is appropriate for and compatible with the area, and shall also comply with all applicable design standards and guidelines including the design objectives plan for entry way corridors; 2. Use of sStandardized corporate identification themes integrated into the architectural design is generally not acceptableand is considered sign area and is subject to the requirements of division 38.560. Excessive use of such themes may be used as grounds for denial of the project; 3. When located in shopping centers, the architectural character of the building must be integrated with the design theme of the center through the use of the same building materials, shapes and details. The effect of color in creating a design character that is appropriate for and compatible with the area will be considered. All parking, circulation, drivewaysdrive aisles, setbacks and signage must be integrated with the entire design theme of the project; and 4. The elevation design of the building must provide design character and detailing on all four sides; and. 5. Screening of drive- through areas may be required to control glare toaffecting public right- of- way or adjacent properties. B. Noise from drive-through speakers must not be audible from adjacent residential districts. Sec. 38.360.110. – Cottage housing subdivisions. (38.22.240 – Ordinance 1952) A. Purpose and intent. 1. The purpose of this section is to achieve the goals and objectives of the Land Use and Housing chapters of Bozeman’s growth policy and the goals of the Inclusionary Housing Ordinance, division 38.380Article 38.43. Cottage housing enables higher density development by allowing smaller lots, smaller home sizes, and clustered home sites, which are subject to design standards. This housing development option encourages more efficient use of land and energy. 2. Cottage housing development regulations are designed to: a. Provide opportunities for creative, diverse and high quality infill and greenfield development that is compatible with existing neighborhoods;. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 247 December 20, 2017 UDC update 7-28-2017 draft b. Support development of diverse housing in accordance with the growth policy; c. Increase the variety of housing types available within the community; d. Support the creation of neighborhoods with a mix of housing opportunities for mixed incomes; and e. Provide opportunities for small, detached cottages within existing neighborhoods.; and f. Support more efficient use of urban residential land;. B. Goals. Cottage housing developments are to achieve: 1. Increase housing supply and the choice of housing styles available in the community as encouraged by the growth policy; 2. Provide for development of housing that responds to changing demographics and smaller-sized households; 3. Support the efficient use of land and higher density infill in developed areas; 4. Promote housing affordability and greater choice by encouraging smaller and more diverse home sizes; 5. Promote high-quality housing design to minimize impacts of more dense development on adjacent properties; 6. Allow flexibility in site and design standards while promoting infill projects compatible with existing single-household developments; 7. Ensure cottage housing contributes to the overall character of residential areas; 8. Provide for centrally located and functional common open space that fosters a sense of community; 9. Provide for semi-private areas around individual cottages to enable diversity in landscape design and foster a sense of ownership; 10. Minimize visual impacts of parking areas; and 11. Provide opportunities for creative, diverse and high quality developments compatible with existing neighborhoods. C. Affordable housing applicability. The requirements of division 38.380chapter 38 article 43, unless specifically modified in this article, apply to all cottage housing subdivisions regardless of the number of cottages proposed to be included in the development. Notwithstanding the provisions of division 38.38038.43, a cottage housing subdivision must provide at least one lower-priced home, or three moderate-priced homes. A cottage housing subdivision may have more affordable homes than the required minimum. D. Cottage housing subdivisions. 1. Cottage housing developments involve the subdivision of a parcel of land, referred to herein as the primary lot, into: a) dependent lots for individual dwellings;, and b) a private common area for the common use of the owners of the dependent lots. 2. The review procedures for cottage housing subdivisions are as follows: a. For the creation of five or fewer lots, the provisions for approval of a first minor subdivision apply;. b. For the creation of six or more lots, the provisions for approval of a major subdivision apply;. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 248 December 20, 2017 UDC update 7-28-2017 draft c. A cottage housing subdivision is exempt from subdivision review pursuant to 38.240.31005.020.A.7 if; (1) The primary lot was previously reviewed as part of a subdivision; (2) All public street, water, sewer, and stormwater infrastructure (excluding individual services to proposed lots and internal main extensions) is installed; and (3) All park requirements applicable to the proposed density of dwellings have been satisfied. d. Cottage housing subdivisions meeting the requirements of 38.360.11022.240.D.2.c must: (1) Include notice to the public equal to that required for a site plan in Table 38.220.42038.40.030; and (2) The subdivision application is subject to review for acceptability and adequacy pursuant to 38.230.09038.19.090. 3. Requirements and restrictions. a. The development as a whole must meet the development standards of this chapter applicable at the time the subdivision application is deemed adequate. b. The primary lot must meet the size, length, width, frontage, and similar development standards of this cChapter 38. c. Homes on dependent lots do not need to meet the lot size, lot coverage, lot configuration, or setback requirements (except watercourse and overlay district) in this chapter 38 except as shown in table 38.360.11022.240.G-1. Private open space for each cottage must be provided on the same lot as the cottage it serves and any structure must be within the boundary of the dependent lot. d. Lot subdivisions and subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the primary lot. e. Notes on the conditions of approval page of the plat must include the restrictions applicable to the dependent lots including but not limited to: (1) The dependent lot is not a buildable lot independent of the primary lot and associated cottage housing development; (2) Additional development of the dependent lots may be limited as a result of the application of development standards applicable to the primary lot; (3) Any and all restrictions that apply to the common open areas; and (4) Permitted cottage square footages. f. A cottage housing subdivision may use the concurrent construction provisions of 38.270.03038.39.030.D without the requirement of a planned unit development. g. Reciprocal joint use and maintenance agreements, for each dependent lot within the primary lot, must be executed for access, use and maintenance of common garage or parking areas, common open area and other similar features, and recorded with the Gallatin County Clerk and Recorder’s Office along with the final plat. h. A cottage housing subdivision must include establishment of a property owner’s association which meets the requirements of 38.220.31038.38.020 and 38.220.32038.38.030. The property owner’s association must hold title to and maintain all common areas. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 249 December 20, 2017 UDC update 7-28-2017 draft i. Separation or use of a dependent lot in a manner contrary to the approved cottage housing subdivision is a material modification of the project and subject to 38.100.07038.01.070. j. If a subdivision exemption is used to create a cottage housing subdivision, installation of all required water and sewer mains and services, parking areas, and similar features must be completed and accepted by the cCity prior to recording of the subdivision exemption; or the developer may enter into an improvements agreement to secure the same work. k. The following modifications require compliance with 38.100.07038.01.070: (1) Increasing the number of cottages; (2) Altering the character of the development by relocating common spaces, adding or removing common buildings, or changing the design of more than 20 percent of the cottages; (3) Increasing the floor area in one building by more than 10 percent; (4) Changing access points to the primary lot; (5) Moving buildings around on the site; (6) Reducing the area of common open spaces by more than two percent; or (7) Diminishing the effectiveness of perimeter buffers. E. Density standards. 1. The following density standards apply to cottage housing subdivisions and replace those listed in sections 38.320.02008 and 38.320.03009. A “cluster” refers to a group of cottages oriented toward a common open area. a. Up to two cottages may be built for each non-cottage single-household dwelling allowed under the zoning applied to the property. b. Existing single-household dwellings on the primary lot will count towards total units. If the existing dwelling exceeds the maximum allowed gross floor area of a cottage it counts as two cottages in determining maximum allowed density. c. Minimum units per cottage cluster: four. d. Maximum units per cottage cluster: 12. e. Maximum units per cottage housing development: 24. f. Cottage housing subdivisions must be spaced so that the total number of cottages within the area defined by a 500-foot radius from the geographic center of a proposed cottage housing subdivision is no more than 24. The number of cottages within a proposed development is included in the total allowed within the defined area. g. Accessory dwelling units are not allowed within a cottage development. 2. Existing dwellings. An existing detached single-household dwelling that is incorporated into a cottage housing subdivision as a residence and which exceeds the standards of this section may remain and will be counted as one or more of the allowed units. However, the extent of the noncompliance may not be increased unless the proposed change is determined by the rReview aAuthority to be consistent in character, scale and design with the cottage housing development. Repair, maintenance and reconstruction of a non-conforming dwelling are regulated by division 38.28038.32. An existing dwelling may be replaced with cottage units consistent with this section. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 250 December 20, 2017 UDC update 7-28-2017 draft F. Departures from the design standards in this section. 1. An applicant may request departures from the provisions of paragraphs G-I of this section. Departures must be consistent with the purpose, intent and requirements of this section. 2. The applicant must describe each requested departure, and document in writing how the departure is consistent with the purpose, intent and requirements of this section. 3. A departure mustay not exceed 10 percent of any numeric standard. A departure may not alter procedural requirements. A departure may only apply to the application of standards internal to the primary lot and not to standards applicable to the separation or interaction of cottage housing to an adjacent parcel. 4. The review authority may approve a departure after documenting in writing that the departure is consistent with the intent, purpose and requirements of this chapter; and do not threaten the public health, safety, or welfare. G. Design standards. The cottage housing option minimizes the required sizes of side, rear, and front yardsetbacks on dependent lots. As a result, small lots are ultimately shaped by building configuration. Designers should consider how the arrangement of interior space affects exterior massing and how the configuration of building elements responds to adjacent buildings. Design strategies incorporating neighborhood context include considerations of: building height transitions, arrangement of buildings and open space, landscape elements, vehicular drivewaysdrive aisles and pedestrian paths, and architectural details and scaling devices that break down the massing of the development. With reduced setback requirements and small lot areas, providing access to air, light, and ventilation is more challenging than with typical single dwelling designs. AThus, architects and builders must use the following design standards to take full advantage of the unique design opportunities presented to them to create livable environments. These design standards: 1. Ensure that cottage designs are based on a coherent architectural concept; 2. Ensure that the overall sizes of cottages are smaller and cause less visual impact than standard sized single-household dwellings; 3. Ensure that cottages contribute positively to the architectural character of the neighborhood; 4. Provide flexibility in design and contrast among individual cottages while assuring attention to design features and character; and 5. Provide variety in cottage housing developments through a mixture of building sizes and footprints. The following table establishes specific performance standards for development of cottages and cottage housing. All cottage development must be evaluated against the standards of this table. Table 38.360.130.G-1 Standard Requirement Minimum number of cottages with less than 1,000 square feet gross floor area 25% of total cottages Maximum number of cottage exceeding 1,200 square feet gross floor area 25% of total cottages Maximum gross floor area per cottage 1,500 square feet BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 251 December 20, 2017 UDC update 7-28-2017 draft Maximum cottage footprint 1,000 square feet (includes attached garages) Maximum size of 2nd floor 100% of gross floor area of 1st floor Minimum floor area per cottage Minimum livability standards as defined by Chapter 3 of the International Residential Code Minimum common open space per cottage (See subsection H below for more information) 400 square feet Minimum private open space per cottage (See subsection F.10 below for more information) 200 square feet Maximum height for cottages 25 feet for two stories and 18 feet for single story cottages Maximum dormer size Dormers greater than 40% of sidewall width in aggregate will be considered a floor Setbacks (to exterior property lines of primary lot) See 38.320.02038.08.050 or 38.320.03038.09.030 as applicable; except that porches and steps may encroach up to five feet into a required front yardsetback Maximum height for accessory structures and community buildings 18 feet Minimum distance between detached structures (including accessory structures) Seven feet with allowed eave protrusion into the required distance of up to 18 inches Lot coverage Allowed lot coverage within individual dependent lots – 100% so long as all other standards are met Allowed lot coverage within primary lot – As otherwise restricted in this section 6. Cottage size. Areas within a cottage which do not count toward the gross floor area or footprint calculations: a. Interior spaces with a finished ceiling height of six feet or less, such as in a second floor area under the slope of the roof; b. Unheated storage space located under the ground floor of the cottage; c. Attached unenclosed porches; d. Detached garages; e. Carports; or f. Architectural projections (i.e., bay windows, fireplaces or utility closets) no greater than 12 inches in depth and four feet in width. 7. Documentation of approved cottage size. The total approved square footage of a cottage must not be increased from its approved size by more than two percent. A note must be placed on the conditions of approval sheet of the final plat stating this limitation for each dependent lot and noting the approved size of the cottage for that dependent lot. 8. Roofs. A gable, hipped, or other sloped roof form is required. Non-sloped roofs may be considered as a departure. Dormers are allowed. 9. Orientation of cottages. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 252 December 20, 2017 UDC update 7-28-2017 draft a. Each cottage must be oriented toward a common open space, and not less than 60 percent of the units must abut the common open space;. b. Dependent lots in a cottage housing development are not required to abut a public street. Lots not abutting a public street must provide legal and physical access from a public street to the dependent lot.; c. Each cottage abutting a public street (not including alleys) must have a secondary entrance, porch, bay window, or other architectural enhancement oriented to the public street. d. Cottages must be oriented arranged around and have the main entry from the common open space. The cottage’s main entries may be either off the common open space or from the public street. 10. Private open space. The private open space required in Table 38.360.11022.240.G-1 must be provided contiguous to each cottage and be contained within the boundary of the dependent lot for the exclusive use of the cottage residents. Orientation of private open spaces toward the common open space is required unless applicant demonstrates that an alternative location provides a superior outcome for both the individual cottage and cottage housing subdivision. The area of an unenclosed porch may be included in the required private open space. Private open space must have no dimension less than 10 feet. 11. Basements. Cottages may have basements. In areas where groundwater is determined to be at a depth of less than nine feet no basement is allowed. 12. Cottages located facing a public street. Cottages located facing a public street must provide: a. A covered entry feature (with a minimum dimension of six feet by six feet) visible from the street; b. At least two architectural details visible from the street, such as: (1) Decorative lighting; (2) Decorative trim; (3) Special door details; (4) Trellis or decorative building element; or (5) Bay window; or. (6) Alternative design treatments, which may be considered by the review authority on a case-by-case basis. 13. Character and diversity. Cottages and accessory buildings within a cluster must be designed within the same family of architectural styles. a. Examples of unifying architectural elements include: (1) Similar building/roof form and pitch; (2) Similar siding materials; (3) Similar porch detailing; and (4) Similar window trim. b. Variety in building and site design. Cottage housing developments must avoid the repetitive use of the same combination of building size, styles, features, and site design elements within an entire cottage housing subdivision and between adjacent dwellings. Dwellings with the BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 253 December 20, 2017 UDC update 7-28-2017 draft same combination of features and treatments must may not be located adjacent to each other. c. Porches. Porches must create a visual and physical connectivity to the common open space and to other cottages. Cottage porches must: (1) Be unenclosed, covered; (2) Surround or enclose the primary entrance to the cottage; (3) Be oriented toward a common open space or a public street; and (4) Have at least 80 square feet in area with no horizontal dimension shorter than six feet. d. Façade transparency. Transparent windows and/or doors are required on the façades of cottages facing a street and common open space. The area of the windows and doors must be at least 10 percent of the area of the façade on which they are located. 14. Fence design standards. The standards of this paragraph are in addition to the standards of 38.350.060. a. Fencing and screening. The intent of internal decorative fencing and screening is to delineate private yards and to screen parking structures, community assets and cottage walls. A cottage housing development must internally be an open community sharing common areas;. b. Decorative fencing may be used for delineating private yards;. c. Fencing or shrubbery may be used to screen parking areas, community assets, and cottage walls;. d. Dependent lot fencing and shrubbery may not exceed 36 inches in height, except directly adjacent to a parking area. H. Community assets. 1. Common open space. Setbacks and common areas serve a dual function, and therefore deserve particular attention. They act both as habitable outdoor space for owners and as shared areas within the proposed development and the neighborhood. The setback is a visual amenity to the development, neighborhood, and passers-by. Additionally, it serves as a semi-transparent bridge between the private interior of the home and common areas. Landscaping should be visually interesting, sustainable, and relatively easy to maintain. The minimum common open space requirements set forth in this section are intended to provide a sense of openness, visual relief, and community. Common open spaces provide much many of the functions of required rear and front yardsetbacks in sections 38.320.02038.08 and 38.320.03038.09. Common open space must provide a centrally located, focal area for the cottage housing subdivision. a. The total common open space must be at least 1,600 square feet, regardless of the number of units in the cluster;. b. The required common open space may be divided into no more than two separate areas per cluster;. c. To be included as part of the common open space requirement, a common area must have minimum dimensions of 20 feet on all sides;. d. At least two sides of each common open space must have cottages along the perimeter;. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 254 December 20, 2017 UDC update 7-28-2017 draft e. Common open space must comply with the term’s definition in section 38.700.040with 38.42.630. However, the building footprints of community buildings, excluding garages, are counted towards the common open space requirements. f. Landscaping requirements:. (1) All common open spaces must have landscaping as defined in 38.700.11038.42.1530 except for those portions developed for play structures, common structures, gardens or similar uses. (2) All cottage housing developments must be designed to have a minimum of 160 square feet of tree canopy cover per dwelling at maturity of the species selected for the landscaping. (3) The provisions of 38.550.06038.26.060 do not apply to cottage housing subdivisions. 2. Community buildings. a. Community buildings are permitted in cottage housing developments. b. Community buildings must be clearly incidental in use and size to cottages. c. Design must be similar to and compatible with the design of the cottages. d. Other shared facilities could include tool sheds, gazebos, workshops, or similar common elements. 3. Storage. a. Storage closets for each cottage may be included as part of community buildings or added to garages. b. Storage for gardening supplies or similar shared items may be included as part of a community building. I. Access and parking. 1. Purpose. The intent of these access and parking standards is to minimize the visual impact of vehicles and parking areas for residents of the cottage housing development and adjacent properties and to provide for adequate off-street parking for cottage housing. 2. Off-Street parking. a. No off-street parking space is required to be enclosed. b. Garages may not exceed 125 percent of the minimum width or area required by Table 38.540.02038.25.020 for a single vehicle. c. Guest parking may be clustered with resident parking. Guest parking must be clearly identified as reserved for visitors. d. At least one stall of each parking type must meet the accessibility standards of the building code. e. Enclosed garages may not be located on the façade of the cottage with the primary entrance. Carports or unenclosed parking adjacent to a cottage may be on the façade with the primary entrance. 3. Parking design. The intent of these parking design standards is to create unobtrusive parking, by screening parking structures and spaces from surrounding properties, including screening by architectural design and/or vegetation, and by minimizing the number of contiguous parking spaces. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 255 December 20, 2017 UDC update 7-28-2017 draft a. Shared detached garage structures may not exceed four garage doors per building and a total footprint of 1,200 square feet. b. Parking must be separated from the common open space, adjacent properties, and public streets by landscaping and/or architectural screening. Solid board fencing is not allowed as an architectural screen. Exception: One parking structure may be adjacent to the common open area, if the garage includes architectural features to make it look consistent with the cottages and community buildings. c. Parking, including garages, must be set back a minimum of 20 feet from a public street. d. The parking layout must be designed to minimize walking distance to cottages. e. A sloped roof is required for all parking structures. f. The design of garages and carports, including roof lines, must be similar to and compatible with that of the cottages within the cottage housing development. g. Parking may be located between or adjacent to cottages or common garages, if it is located toward the rear of the structure and is served by an alley or driveway. h. Parking stalls, circulation areas, and related spaces must comply with division 38.54038.25. If there is a conflict between the division 38.540standards of 38.25 and this paragraph, the provisions of this paragraph apply. 4. Walkways. a. A system of interior paved walkways must connect all cottages with each other, the parking area, and the sidewalks abutting any public streets bordering the cottage housing development. b. Interior walkways must be a minimum of five feet and a maximum of eight feet in width. Sec. 38.360.120. - Essential services. (38.22.230) A. In recognition of Section 69-4-201, MCA, city ordinances cannot conflict with the National Electric Safety Code (NESC). B. In recognition of Section 69-3-102, MCA, vesting control over fees, charges, and tariffs for public utilities in the public service commission, the city does not determine the costs charged to customers for services. C. Essential services of Types I, II, or III operable prior to September 3, 1991, must be considered to have developed under an approved plan, and must be reviewed under section 38.230.160. Reuse, change in use or further development of sites developed prior to September 10, 2014 (Ordinance No. 1893). Sec. 38.360.130. - Group living. (38.22.105) A. Applicability. All group living uses (as defined in section 38.700.080) except for health care facilities and community residential facilities with eight or fewer residents are subject to the standards of this section. B. Density. 1. The density of residents in a group living use is limited to generally approximate and correspond with the density limits that apply to other types of housing in residential zoning districts. Limiting density addresses areas of legitimate public concern and the purposes of zoning as established by the state legislature and adopted locally in section 38.100.040. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 256 December 20, 2017 UDC update 7-28-2017 draft 2. For the purpose of these regulations, "residents" include all people living at the site, including children; except that people who provide support services, building maintenance, care, and supervision, are not considered residents. 3. Group living use requires the following area of land within the site for each resident. District Name Minimum Area Required per Resident in Square Feet REMU, R4, R-5 and R-O 602 RS 10,890 unless otherwise approved through a planned unit development R1 and RMH 1250 R-2 and R-3 750 C. On-site service and facilities. In any R district other than REMU, on-site services and facilities may be provided only to residents of the group living use. D. Group living is not a substitute for a hotel, motel, or other transitory service facility. Therefore, duration of terms of occupancy for residents is 30 days or greater. E. On-site open space for group living uses is required per section 38.520.060. Sec. 38.360.140. - Home-based businesses. (38.22.110) A. Generally. A home-based business is a use that is considered accessory to a dwelling unit. Buildings combining live/work arrangements located in districts where both the residential and nonresidential uses to be combined are authorized are not subject to the requirements of this section. B. Home-based business as accessory use. 1. The use must be clearly incidental and secondary to the use of the dwelling for residential purposes and must not change the character of the dwelling or adversely affect the uses permitted in the residential district of which it is a part. The home-based business may must not be conducted in an accessory structure, and must comply with the standards of subsection C of this section. 2. Purpose. It is in the intent of this section to eliminate as accessory home-based businesses for all uses except those that conform to the standards set forth in this section. In general, an accessory home-based business is a use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence with the exception of permitted signage as allowed by division 38.560 of this chapter. The standards for home-based businesses included in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood. A clearly accessory or incidental status in relation to the residential use of the main building is the criteria for determining whether a proposed accessory use qualifies as an of-right home-based business. 3. Necessary conditions for accessory use. Accessory home-based businesses are permitted accessory uses in residential districts only so long as all the following conditions are observed: a. Such home-based business must be conducted by resident occupants in their residence with not more than one on-premises halftime nonresident employee; b. No more than 25 percent of the gross area of all structures must shallmay be used for such purpose; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 257 December 20, 2017 UDC update 7-28-2017 draft c. No use must may require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure; d. No home-based business must shallmay cause an increase in the use of any one or more utilities (water, sewer, garbage, etc.) so that the combined total use for dwelling and home- based business purposes exceeds the average for residences in the neighborhood; e. There must shall be no outside storage of any kind related to the home-based business; f. The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. Depending on the individual circumstances of each application, an additional off-street parking space may be required; and g. No use must create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home-based business exists. 4. Notice of intent to operate an accessory home-based business. Any individual applying for a business license, with the intent of operating the business from such person's home, must acknowledge by signature such person's understanding of the requirements and conditions of this chapter. C. Home-based business as conditional use. 1. Purpose. The use must be secondary to the use of the lot for residential purposes and must not be incompatible with the character of the zoning district thereof or adversely affect the principal uses permitted in the residential district of which it is a part. When a home-based business has been established through the CUP process, it means that the owner, lessee or other persons who have a legal right to the use of the dwelling also have the right to conduct the home-based business whether in the principal or an accessory structure. The home-based business must comply with the standards of subsection C.3 of this section. 2. Conditional use. It is the intent of this section to provide, through the conditional use process established in division 38.230 of this chapter, opportunities for home-based businesses which are more intensive in nature than those which would be allowed as an accessory use. In general, a home-based business approved through the conditional use process is an accessory use which complies with the requirements of this chapter and is subordinate to the primary use of the particular lot for residential purposes. The standards for home-based businesses included in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood. A secondary, but not incidental, status in relation to the residential use of the main building is the criteria for determining whether a proposed use may, under certain circumstances, qualify as a home-based business which may be approved by the conditional use process. As stated in section 38.230.010, conditional uses start from the presumption that they are incompatible with the zoning district but may under specific and limited conditions become compatible. Unless such conditions are found, there is no right to the practice of a home-based business which does not comply with the terms of an accessory home- based business as listed in this section. 3. Necessary conditions for conditional use. Home-based businesses permitted through the conditional use permit process are allowed in residential districts only so long as all the following conditions are observed: a. Such home-based business must be conducted by resident occupants with not more than one on-premises halftime nonresident employee; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 258 December 20, 2017 UDC update 7-28-2017 draft b. No more than 30 percent of the gross area of all structures must shallmay be used for such purpose; c. No use must shallmay require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure beyond that allowed in a residential use; d. No home based business must shallmay cause an increase in the use of any one or more utilities operated by the city so that the combined total use for dwelling and home-based business purposes exceeds the average for residences in the neighborhood; e. There must may be no outside storage of any kind related to the home-based business; f. No use must may create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that allowed by this chapter; g. Home-based businesses by conditional use permit may only be allowed on lots occupied by single-household detached dwellings; h. Such conditional use must be subject to all conditions set forth in this chapter, except the provisions of section 38.550.060, Landscape Performance Standards; and i. All permits required by the city, including, but not limited to, building permits and business licenses, must be received prior to establishing the home-based business. 4. Home-based business allowed through a conditional use permit. Any individual seeking to operate a home-based business, which is greater in scope than that allowed by an accessory home-based business, must make application for a conditional use permit under the terms of division 38.230 of this chapter. The community development director must determine if a home- based business requires a conditional use permit. D. Complaints. Complaints by citizens of the city may be cause for termination of the home-based business. Final administrative actions in relation to complaints are subject to appeal per article 2 of this chapter. E. Uses that are prohibited.Prohibited uses. The following uses, by the nature of their character or the investment of operation, have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home-based businesses and thereby impair the use and value of a residentially zoned area for residential purposes. Therefore, tThe following uses must are not be permitted as home-based businesses: adult businesses; auto repair, minor or major; carpentry work; dance instruction; dental offices; medical offices; medical marijuana not meeting the exclusion in section 38.360.170.A.3; mobile oil and lube services; painting of vehicles, trailers or boats; private schools with organized classes; radio or television repair; and upholstering. F. Appeal to city commission. Any person may appeal the community development director's action relating to a home-based business as provided for by article 2 of this chapter. Sec. 38.360.150. - Large-scale retail, size limitations and design and site development guidelines and requirements. (38.22.180) A. Purpose. 1. The purpose of this section is to establish general development standards for large scale retail developments. These standards are intended and designed to ensure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents living within the city. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 259 December 20, 2017 UDC update 7-28-2017 draft 2. These standards are also intended to supplement applicable project design standards of article 5 of this chapter and be used as guidelines for evaluating and assessing the quality and design of proposed large scale retail developments. The particulars of any large scale retail development will be evaluated against their respective standards contained in this division 38.360. It is expected that the quality and design of the large scale retail developments, while not necessarily complying with the exact standards of this division, will meet or exceed the intent behind these standards. 3. Applicability. All uses listed in this division 38.360 must be subject tocomply with the specific standards described for each use, in addition to all other applicable standards which may apply. B. Limitations on size of retail stores. 1. No retail building, utilized by a single tenant, shall exceed 75,000 square feet. 2. Retail development consisting of one or more single-tenant building greater than 40,000 square feet may offer for direct sale to the public merchandise, which is displayed outdoors, but the area occupied by such outdoor sales and storage, exclusive of warehouses, shall not exceed 25 percent of the total square footage of the retail building and shall also comply with section 38.360.210. 3. Notwithstanding subsections B.1 and 2 of this section, when an otherwise lawful retail building, in excess of 75,000 square feet, exists as of March 21, 2003, such building shall be considered a development nonconformity. Said building may be continued, structurally altered, repaired or reconstructed so long as it is not increased, extended or enlarged beyond the gross floor area of the building that existed on March 21, 2003. To the extent practicable, the design and site development guidelines of this section shall be applied to any alteration, reconstruction or repair that takes place after March 21, 2003. 4. The following principal uses are exempt, as they pertain to outdoor sales and storage: a. Recreation vehicle sales and auto sales; b. Agricultural implement sales; i.e., tractors, cultivators, balers, etc.; and c. Plant nursery. CB. Design and site development guidelines for certain retail developments. 1. Retail development consisting of a single-tenant building greater than 40,000 square feet must be subject tocomply with the design and site development criteria and development standards contained in subsections BC.25 and 36 of this section. These guidelines must be applied as part of the review and approval process for use permits and detailed applications. For developments in the entryway corridor, which are also subject to the design guidelines in division 38.340 of this chapter, iIf there is any conflict between the project design standards in article 5 of this chapter and the guidelines herein, the more restrictive guideline provision must apply. The guidelines in this section must not be applied to any development or portion of a development that is covered by an approved use permit as of March 21, 2003, unless modifications to the use permit are proposed by the applicant. 2. Intent and purpose. All new construction of retail buildings described in subsection A of this section will be subject to design review. It is the intent and purpose of this section to ensure the quality of retail development will enhance the impression and enjoyment of the community both by guiding development and change that occurs after the adoption date of the ordinance from which this section is derived, and by stimulating and assisting, in conjunction with other provisions of this chapter, improvements in signage, landscaping, access and other contributing elements of retail development appearance and function. It is further the intent of this section to BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 260 December 20, 2017 UDC update 7-28-2017 draft establish design criteria, standards and review procedures that will allow the city and its advisory boards and agencies to review and direct, in a fair and equitable manner, the development and redevelopment of future and existing properties and facilities governed by this section. The recommendations of the design review board or administrative design review staff shall be given careful consideration in the final action of any agency, board or commission involved in decisions involving retail developments governed by this division 38.360. 3. The design review board and administrative design review staff shall have the powers and duties provided by this chapter in considering applications subject to this division 38.360. 34. Certificate of appropriateness. A certificate of appropriateness, received from the review authority with a recommendation by the design review board, shall be required as a condition of site plan approval for any development governed by this section. Application, review and public notice procedures for proposals governed by this section are set forth in division 38.220, Noticing, and division 38.230, Review Procedures for Site Development, of this chapter. 25. Design criteria and development standards. In addition to all other applicable review procedures and design criteria, all development governed by this section must exceed the site, building, and landscaping design standards of divisions 38.520-530 and 550criteria and development standards contained in division 38.340 of this chapter, entryway corridor overlay district, including the general design objectives and guidelines contained in the adopted or updated design objectives plan, regardless of location or zoning district. Said design criteria and development standards must be exceeded through design practices such as additional architectural detailing, exceptional landscape design, improved public spaces, use of renewable energy and/or recycled construction materials, and provisions for alternative modes of transportation. The review authority must determine whether established design criteria and development standards have been exceeded based on a recommendation from the design review board. 36. Adaptability for reuse/compartmentalization. The building design must include specific elements for adaptation for multi-tenant reuse. Such elements may include but are not limited to compartmentalized construction, including plumbing, electrical service, heating, ventilation and air conditioning. The building design must also allow for: a. The interior subdivision of the structure into separate tenancies; b. Façades that readily adapt to multiple entrances and adapt to entrances on all but one side of the building; c. Parking lot schemes that are shared by establishments or are linked by safe and functional pedestrian connections; d. Landscaping schemes that complement the multiple entrance design; and e. Other elements of design which facilitate the multi-tenant reuse of the building and site. 47. Appeals. Appeals may be taken as provided for in division 38.250 of this chapter. CD. Additional criteria and site development guidelines for certain retail developments. 1. Applications for large scale retail development must include a renewal plan that will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the structure in the event of closure or relocation by the original occupant. Such plan will be approved if the review authority finds that: a. The plan conforms to the city's growth policy and the requirements of this chapter or parts thereof for the municipality as a whole; b. A sound and adequate plan exists for said redevelopment; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 261 December 20, 2017 UDC update 7-28-2017 draft c. The plan affords maximum opportunity for rehabilitation or redevelopment of the structure by both private enterprise and the city; and d. The renewal plan provides a maintenance plan for normal repairs and upkeep of property, including but not limited to building, parking lot and surfacing, landscaping, signage and elimination of legible impressions, images, or remnants of signs remaining on a building or sign surface after the use for which the sign was permitted ceases to operate. 2. The city may enter into an development agreement with the owner of the real property and undertake activities, including the acquisition, removal or demolition of structures, improvements or personal property located on the real property, to prepare the property for redevelopment. A development agreement entered into in accordance with this section must contain provisions obligating the owner to redevelop the real property for a specified use consistent with the provisions of this chapter and offering recourse to the city if the redevelopment is not completed as determined by the city. E. Review. The provisions of this section shall be reviewed by the commission in five years and updated as needed. Sec. 38.360.180. - Manufactured home communities. (38.22.120) A. Manufactured home communities are included in the state classification of land subdivisions by rent or lease. Therefore, applicants for such developments shall apply for and be reviewed under both site plan and subdivision procedures unless exempted per section 38.240.130. When both review processes are required they will be reviewed concurrently when appropriate. All standards of this chapter are applicable unless explicitly waived. 1. State requirements. All manufactured home communities developed under this section shall comply with state department of public health and human services, department of environmental quality and any other applicable state regulations. Prior to final approval for a manufactured home community, copies of approval letters from relevant state agencies shall be submitted or compliance with all applicable regulations shall be certified by a professional civil engineer licensed by the state. 2. Lot improvements. The location of boundaries of each manufactured home lot for rent or lease shall be clearly and permanently marked on the ground with flush stakes, markers or other suitable means. The location marked must be closely approximate to those depicted on the approved plans. a. Utility hookup. Every manufactured home shall be permanently connected to electric power, water supply, sewage disposal, gas and telephone service lines in compliance with applicable city codes, and all utility distribution and service lines shall be installed underground. b. Permanent foundations and anchoring. All manufactured homes shall be required to be tied or otherwise physically anchored to an approved permanent concrete foundation. Building permits for foundations and anchoring, issued through the city building department in accordance with the adopted International Building Code, are required. The method of anchoring and foundations shall be specified as part of the required preliminary development review. c. Maintenance. (1) There shall be no exposed outdoor storage of furniture (except lawn furniture), household goods, tools, equipment, or building materials or supplies. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 262 December 20, 2017 UDC update 7-28-2017 draft (2) No manufactured home may be parked on a public or private street for more than 24 hours. (3) An abandoned, burned or wrecked manufactured home must be secured against entry as directed by the fire marshal and may not be kept on a lot for more than 45 days. (4) Each manufactured home must bear an insignia which attests that the construction of the manufactured home meets regulation A 119.1 of the American National Standards Institute (adopted by the U.S. Department of Housing and Urban Development), or be certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. (5) Within 21 days of placement, standard manufactured home skirting of fire-resistive material similar in character to that of the manufactured home must be provided around the entire perimeter of the manufactured home between the bottom of the body of the manufactured home and the ground, except where the running gear has been removed and the manufactured home itself is attached directly to the permanent foundation. (6) All required front yardsetbacks of lots for rent or lease for manufactured homes shall be fully landscaped. (7) All private, commonly owned recreation areas not devoted to buildings, structures, surfaced courts, sand boxes, etc., shall be landscaped and irrigated. d. Manufactured home lots for rent or lease shall be arranged to permit the practical placement and removal of manufactured homes. Every lot for rent or lease must front on a public or private street. 3. Permits and inspections. a. Owner's and agent's responsibility. It shall be the responsibility of the individual property owners or, in the case of a rental community, the managers of the rental community to see that all sections of this division 38.360 are complied with, including requirements relative to placement of manufactured homes, and all required permits. b. Move-in permit required. All manufactured homes moved into the city must be issued a move-in permit, pursuant to this section, and be inspected by the city building official, prior to gas and electric service being turned on by the servicing utility. A copy of the original sales contract shall be available for permit informational purposes. c. City inspection required. (1) The required inspections for manufactured homes shall include: on-site utilities requirements including gas, electric, sewer and water; setback requirements; and off- street parking requirements. (2) It is unlawful for any person, firm, corporation or agency to turn on, or allow to be turned on, any gas or electric service without an inspection and clearance from the city building official. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 263 December 20, 2017 UDC update 7-28-2017 draft d. Non-manufactured-home improvements subject to the International Building Code. Permits must be obtained for additions, alterations, canopies, carports, storage areas and detached refrigeration units that were not included in the original sale of the manufactured home unit, fees for which are set by the International Building Code and International Mechanical Code. 4. Plans. The preliminary and final plans shall accurately depict: a. All proposed and required landscaping; b. Locations of storage areas for recreational vehicles and other chattels of the residents; c. A layout of typical lots for rent or lease showing the location and dimensions of the lot, manufactured home stand, driveway and parking spaces; d. Mail delivery area; and e. Foundation and anchoring details. 5. A permanent enclosure for temporary storage of garbage, refuse and other waste material shall be provided for every manufactured home space. If trash dumpsters are to be used, they shall be centrally and conveniently located, shall not be located in any front yardsetback, and shall otherwise comply with the requirements of this chapter. 6. Landscaping may be required by the review authority to provide a buffer between manufactured home communities and adjacent uses, and to enhance the appearance of the development. The landscaping may be interspersed with a fence or wall. Specific perimeter landscape/buffering treatments shall be determined on a case-by-case basis, with the city considering appropriate factors such as the nature of adjacent uses, noise and proximity to busy streets. 7. Recreation areas. At a minimum, the amount of land required to be dedicated under section 38.420.020, shall be reserved as park or recreation area. Recreation areas may include space for community recreation buildings and facilities. a. Public access through the recreation area may be required, through the provision of a written public access easement, if it is determined by the review authority that public access is necessary to ensure public access through the private recreational area from adjoining properties to nearby or adjacent public parks. 78. Accessory buildings. Accessory buildings for individual dwellings are subject to section 38.360.030. Sec. 38.360.160. - Manufactured homes on individual lots. (38.22.130) A. Intent. It is the intent of this section to allow manufactured homes, as defined in section 38.700.120 of this chapter, in specified zoning districts in which similar single-household dwellings constructed on the site are permitted subject to requirements and procedures set forth herein to ensure acceptable similarity in exterior appearances between such manufactured homes and dwellings that have been or might be constructed under these and other regulations on adjacent lots in the same district or area. It is the intent of this section to permit only those manufactured homes certified as BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 264 December 20, 2017 UDC update 7-28-2017 draft meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. B. Application, material to be supplied. One copy of the application for the proposed manufactured home on the individual building lot must be submitted to the Building Department in conjunction with the application for a building permit for the building foundation. The application must include all information as deemed necessary by the community development director to make determinations as to conformity with subsection C of this section, and it must include a minimum of color photographs of all sides of the manufactured home;, of the nearest existing residences or other grounds or buildings on each side of the proposed site, and of; existing residences or grounds fronting upon the same street as the proposed site and opposite thereto, and also including those within 150 feet of each corner of the proposed site. As a minimum requirement, it must also include a description of siding and roofing material in sufficient detail as to make possible determination as to its appearance and durability. C. Standards for determination of acceptable similarity in exterior appearance and construction. The following standards must be used in determinations of acceptable similarity in appearance and construction between manufactured homes with permanent foundations and residences constructed near the site to ensure that such manufactured homes will be compatible in appearance with site built housing that has been or may be constructed in adjacent or nearby locations:. 1. No manufactured homes shall have fenestration or other features that will be incompatible in the residential neighborhood. 2. The roof shall have sloping lines with eaves, such as gable, mansard and shed style roofs or shall be compatible with conventionally built homes in the surrounding areas. The pitch of the main roof shall not be less than one foot of rise for each four feet of horizontal run. Minimum distance from eaves to ridge shall be ten feet. 13. The roofing material must be shake, tile, composition shingle, or other materials commonly found on conventionally built homes in the surrounding areas. 24. The exterior covering material must be similar or closely compatible to that found on conventionally built residential structures in the surrounding area. Reflection from such exterior must not be greater than from siding coated with clean, white, glossy, exterior enamel. 35. The exterior covering material must extend below the top of the foundation. 46. A solid concrete or masonry perimeter foundation must be used. 57. The exterior covering and roofing materials of the garage, carport additions or and accessory buildings must be compatible with the materials on the manufactured home. 8. The finished floor shall be a maximum of 24 inches above the exterior finished grade of the lot, or similar to the conventionally built homes in the surrounding area. 69. The manufactured home must be located on the lot so that the home presents a primary entrance to the principal street frontage. Such primary entrance may be established by the presence of porches, overhanging gables, and similar architectural features consistent with the character of site built homes in the near vicinity. 10. Manufactured homes on permanent foundations shall meet all the property development standards for the zone in which they shall be located. These standards include, but are not limited to, lot area and dimension; area per dwelling unit; front, rear and side yard setbacks; building height, lot coverage, location of accessory buildings; and off-street parking. 11. Manufactured homes located within the neighborhood conservation overlay district shall be subject to review for a certificate of appropriateness under the same standards for architectural compatibility as other homes. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 265 December 20, 2017 UDC update 7-28-2017 draft 712. Manufactured homes must may be approved for location on individual building lots only if they have been certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. D. Actions by planning director. Upon receipt of an application as required by subsection B of this section, the planning director shall make a decision to approve or disapprove of the application within 15 working days. Sec. 38.360.170. - Medical marijuana. (38.22.220) A. Any activity involving medical marijuana must meet all requirements of state law including, but not limited to, the standards of title 50, chapter 46, Montana Code Annotated (MCA 50-46-101 et seq.), and limits on possession, clean air, etc., and any applicable administrative rules established by the state. Should such rules or laws change, any medical marijuana facility must immediately begin any required process to come into compliance with the new rules. This includes submittal for review of applications to the city as they may relate to zoning, business licensing, or other municipal programs. Compliance with city zoning regulations does not shield any person, corporation, or other legal entity from the requirements of, or enforcement by, other governing entities, or from civil liabilities. 1. Unless specifically exempted, any person or an existing or proposed entity intending to conduct activities which meet the definitions of "agriculture," "manufacturing," "office" or "retail" as established in division 38.700 of this chapter which is for the purpose of growing, processing, distribution, and/or any other activity related to medical marijuana must, in addition to this section, comply with all other provisions of the this Code, and must not be located within 1,000 linear feet of the exterior property line of: a. All schools or facilities owned or operated by Bozeman School District 7 whether located inside or outside the city limits; or b. All private schools, not including home schools, whether located inside or outside the city limits, which provide instruction in the class range from kindergarten to 12th grade and which are either subject to MCA 20-5-109, or listed as a kindergarten provider by the county superintendent of schools. c. For purposes of this section, specified distances will be measured in a straight line, without regard to intervening structures from the property line of a school as stated in subsections 1a and b of this section, regardless of whether those schools are located within the jurisdictional limits of the city, to the property line of the business providing medical marijuana. 2. Any activities meeting the definitions of "agriculture," "manufacturing," "office" or "retail" as established in article 7 of this chapter which is for the purpose of growing, processing, distribution, and/or any other activity related to medical marijuana may not be located in the R- 4 and R-5 districts, or on properties adjacent to Main Street within the core area of the B-3 district as defined in section 38.300.120.A.3. 3. The requirements of subsections 1 and 2 of this section do not apply to: a. An individual registered qualifying patient who possesses marijuana in accordance with the limits and requirements of title 50, chapter 46, Montana Code Annotated (MCA 50-46-101 et seq.) solely for that qualifying patient's own use; or b. To a caregiver providing care to not more than two qualifying patients who reside within the same dwelling as the caregiver. The caregiver and qualifying patients must maintain appropriate state agency qualification at all times when medical marijuana is present. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 266 December 20, 2017 UDC update 7-28-2017 draft 4. Establishing a medical marijuana facility may result in a change in the designation of building code occupancy type. A change in use or occupancy type may require physical modifications to the structure, which must be approved by the building division prior to any construction as required by section 38.200.100. 5. Air discharge control. Any medical marijuana growing or processing operation that contains 24 or more marijuana plants at any one time must provide a forced air vent discharge point that is: a. Located no closer than 30 feet from an adjacent property line or a residence; or b. Provides a mechanical filtration system to control discharges of particulates and odors. The ventilation filtration system must be designed by a mechanical engineer licensed to practice in the state such that odors and particulates may not be detected by unaided human observation at the property boundary, and noise produced by the system must be controlled and minimized. 6. Any person making application for a zoning approval for a medical marijuana business must provide evidence of DPHHS approval as a caregiver at the time of application and must maintain such DPHHS approval at all times. Failure to maintain approval immediately suspends zoning approval to operate a medical marijuana business in the city. 7. These regulations are for review of applications to the city and do not restrict property owners’ from establishing more stringent standards for their properties. Sec. 38.360.180. - Mini warehouses. (38.22.140) A. Minimum site size must be one acre. B. On-site circulation, drives and parking. 1. Each mini warehouse site must provide a minimum of two exits; 2. All one-way drivewaysdrive aisles must provide for one ten-foot parking lane and one 12-foot travel lane. Traffic direction and parking must be designated by signing or painting; 3. All two-way drivewaysdrive aisles must provide for one ten-foot parking lane and two ten-foot travel lanes; and 4. The parking lanes may be eliminated when the driveway does not serve storage cubicles. Figure 38.360.180. Mini warehouses. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 267 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.360.190. - Outdoor sales and display. (38.22.150) A. Merchandise which is offered for direct sale, rental or lease to the ultimate consumer or user may be displayed beyond the confines of a building in any commercial district, but the area occupied by such outdoor display must not constitute a greater number of square feet than ten percent of the ground floor area of the building housing the principal use, unless such merchandise is a type customarily displayed outdoors, such as automobiles and garden supplies. In such cases, the maximum area for outdoor sales and display must not exceed 50 percent of the total lot area. B. Outdoor sales and display areas must not be located in any required yardsetback and is are also subject to section 38.320.110. Figure 38.360.190. Outdoor sales and display. Sec. 38.360.23170. - Portable carry-out food and beverage buildings. (38.22.160) A. A $10,000.00 site bond must be secured on the property. In addition, evidence of liability insurance, with coverage of $1,000,000.00 per occurrence, shall be furnished by the owner. B. Electrical service must be installed underground, in compliance with all electrical service codes, subject to approval by the building department. C. Structures shall not exceed 80 square feet in size. All structures must be on an improved asphalt or concrete surface, be anchored to resist accidental movement, be placed upon approved footings and have a fully electrically bonded frame. No structure shall have an axle. Enclosed trailers must remove the axle, and be secured to resist accidental movement, with all related supports cosmetically covered with an approved material. D. Not more than one portable structure may be placed on a zone lot (individual property or contiguous properties held in common ownership). Portable structures shall be placed in a BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 268 December 20, 2017 UDC update 7-28-2017 draft manner so as not to interfere with normal vehicle and pedestrian circulation patterns or required emergency access. Nor shall such structures be placed in a manner that eliminates or interferes with the use of required parking spaces. E. Requests for special temporary use permits shall be subject to review and must be approved by the appropriate city department representatives per section 38.230.060. Permit coordination and final issuance shall be by the planning director. A special temporary use permit for portable carry-out food and beverage buildings shall be valid for a period of one year, and may be renewed annually thereafter only if all regulations and requirements are strictly complied with on a continuing basis. C. Operations shall be subject to all licensing requirements of the Gallatin City-County Health Board. Documentation of such licensing, including a copy of plans for water supply and disposal, shall be provided to the planning director prior to permitting. D. The city reserves the right to revoke or terminate this permit at any time by giving 30 days' written notice of such revocation or termination, except that the city may, at its election, revoke or terminate the permit at any time without giving any notice if the owner fails to comply with or abide by each and all of the terms and conditions of the permit. H. Portable food and beverage buildings as described herein shall not be subject to certificate of appropriateness requirements for the neighborhood conservation and entryway corridors overlay districts. Sec. 38.360.200. - Recreational vehicle park and overnight campground. (38.22.170) A. Recreational vehicle parks and overnight campgrounds are included in the state classification of land subdivisions by rent or lease. Therefore, applicants for such developments must apply for and be reviewed under both site plan and subdivision procedures unless exempted by section 38.240.130. 1. Recreational vehicle parks must be screened from view of any adjacent residential development. 2. Internal circulation roads must be paved with a concrete or asphaltic concrete surface. 3. Individual recreational vehicle parking pads must be plainly marked and maintained with a dust free surface. 4. Individual recreational vehicle parking pads must be set back at least 30 feet from the perimeter of the park and 30 feet from any public street right-of-way. 5. Approved trash disposal, bathroom and laundry facilities, including facilities for the handicapped, must be provided for use of overnight campers. 6. Recreational vehicles spaces must be separated by no less than 15 feet and must be no less than 1,500 square feet in area. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 269 December 20, 2017 UDC update 7-28-2017 draft Figure 38.360.200. Recreational vehicle park and overnight campground. Sec. 38.360.210. – Single, two-, and three-household dwellings. (38.08.070 and new) A. Purpose. 1. To enhance the character of the street. 2. To maintain “eyes on the street” for safety to pedestrians and to create a more welcoming and interesting streetscape. 3. To de-emphasize garages and drive aisles as major visual elements along the street. 4. To provide usable setback space for residents. B. Entries. 1. Clear and obvious pedestrian access between the sidewalk and the building entry is required for new dwellings (the driveway may be used to help meet this requirement). 2. All new dwellings must provide a covered pedestrian entry with minimum weather protection of three feet by three feet. C. Residential garages. (38.08.070) 1. Where lots abut an alley, it is encouraged that the garage or off-street parking area take access from the alley. It may be necessary to take access from alley to meet another standard in the municipal code. 2. See section 38.350.070 for garage location and design standards.The façade with the garage vehicle entrance may not be placed in front of the façade of the dwelling containing the main entry. 3. The garage vehicle door(s) must occupy no more than 50 percent of the ground-level façade facing the street. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 270 December 20, 2017 UDC update 7-28-2017 draft Figure 38.360.210.C.3. Key single, two-, and three-household dwelling standards. Garage doors may exceed this limit up to a maximum of 65 percent of the ground level façade facing the street provided at least two of the following design details are utilized. For front loaded lots where the garage vehicle door faces the street and the garage is placed at least five feet behind the façade of the dwelling containing the main entry, at least one of the following design details must be incorporated façade; a. A decorative trellis over the entire garage; b. A window or windows placed above the garage on a second story or attic space under roofline; c. A balcony that extends out over the garage and includes columns; d. Utilization of all single vehicle car doors as an alternative to wider garage doors suitable for two car garages; e. Windows on the garage door; f. Decorative details on the garage door. Standard squares on a garage door will not qualify as a decorative detail; and/or g. Other design techniques that meet the intent, as determined by the reviewing authority. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 271 December 20, 2017 UDC update 7-28-2017 draft Figure 38.360.210.C.3.a. Garage design detail examples. façade D. Driveway access standards – see section 38.400.090. E. Minimum useable open space for alley-loaded lots. All new alley-loaded dwelling units must provide a contiguous open space within the side or rear yard with a minimum dimension of 15 feet on all sides. The open space(s) must be equivalent to 10 percent (minimum) of the lot size (excluding area within an adjacent alley or right-of-way). For example, a 6,000 square foot lot would require a contiguous open space of at least 600 square feet, or 20 feet by 30 feet in area. Drive aisles must do not count in the calculations for usable open space. Additions must not create or increase any non-conformity with this standard. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 272 December 20, 2017 UDC update 7-28-2017 draft Figure 38.360.210.E. Examples of how to meet open space requirements for alley-loaded lots. Sec. 38.360.220. - Stable, commercial. (38.22.190) A. The minimum property size must be ten acres. B. Structures or facilities used for stabling, storing, showing or training of animals must be set back a minimum of 100 feet from any adjacent privately owned property. Dwelling units, accessory structures incidental to dwelling units and irrigated pasturage may occur within the 100-foot setback area, subject to the setback requirements of the applicable zoning district. C. There must be at least a 20-foot yardsetback adjacent to any street. D. There must be no sShows or other activities which would generate more traffic than is normal to a residential area are prohibited, unless the proposed site has direct access from an arterial street as set forth in the city growth policy. Permission for such shows and activities must be obtained from the city. Notification must be provided in a letter that explains the nature and duration of the activity, and accommodations for spectators, traffic control and additional parking for cars and trailers. This letter must be submitted to the community development department at least one month prior to the date of the show or activity. E. All pasture and animal storage areas must be enclosed with fences or walls of a minimum of four feet six inches in height. The design of these enclosures must be shown on drawings submitted with the conditional use permit application. F. All laws applicable to the public health and appropriate care of animals must be complied with for the entire period of operation of the stable. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 273 December 20, 2017 UDC update 7-28-2017 draft G. All activity and pasture areas that are not grassed must be treated for dust control. H. Adequate parking for daily activities must be shown on the site plan and improved to city parking standards. Additional parking must be provided for shows or other special events. Amounts and required improvements to temporary parking must be determined through a special temporary use permit if such temporary parking was not shown and approved through the original approval. Figure 38.360.220. Stable, commercial. Sec. 38.360.230. - Tennis and racquet club. (38.22.200) A. The use will be compatible with any adjacent neighborhood and will not be detrimental to the same due to: 1. Increased automobile traffic; 2. Noise generated from within the site. B. Perimeter fencing of the site may be required., Ffencing of outdoor courts must not exceed 16 feet in height, and fencing may be required to be opaque by the review authority. C. When the club is located within a residential zoning district, there must be no shows, tournaments or other activity which would generate more traffic than is normal to a residential area are prohibited, unless access is provided from an arterial street as set forth in the city's long range transportation plan. If access is not provided from an arterial street, permission for such shows and activities must be obtained from the city through the special temporary use process. D. There must be a landscaped 50-foot buffer strip adjacent to any residential zoning district, or as otherwise determined by the ADR or DRB. E. Hours of operation may be controlled by the review authority. Sec. 38.360.240. – Townhouse and rowhouse dwellings. (new) A. Purpose. 1. To enhance the character of the street. 2. To maintain “eyes on the street” for safety to pedestrians and to create a more welcoming and interesting streetscape. 3. To de-emphasize garages and drivewaysdrive aisles as major visual elements along the street. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 274 December 20, 2017 UDC update 7-28-2017 draft 4. To provide usable open space for residents. 5. To reduce the apparent bulk and scale of large townhouse/rowhouse buildings. 6. To promote architectural variety that adds visual interest to the neighborhood. B. Parking and garage access. Block frontages. Townhouses and rowhouses are subject to the lLandscaped block frontage standards as set forth in section 38.510.030.C. This includes standards for entrances, façade transparency, weather protection, parking, landscaping, and sidewalk widths. Supplemental standards specific to townhouses and rowhouses: 1. Setbacks. See division 38.320 for minimum building and garage setbacks for the applicable district. 2. For buildings with less than five attached units, see section 38.350.050 for parking and garage standards. Private garages facing the street - maximum garage widths: a. 12 feet where townhouse or rowhouse dwellings are at least 30 feet wide. b. Individual garages facing the street are not allowed for townhouse or rowhouse dwellings less than 30 feet wide. Garages may be provided to the rear of the dwelling via alley access or shared driveway as depicted in figure 38.360.240. 3. Buildings with five or more attached units are subject to the landscaped block frontage standards as set forth in section 38.510.030.C. This includes standards for entrances, façade transparency, weather protection, parking, landscaping, and sidewalk widths. 4. Individual garages facing the street are not allowed in the B-3 district when an alley is adjacent to the property. 5. See section 38.400.090.C. for driveway standards. Figure 38.360.240. Townhouse/rowhouse development examples. In the left example, front-loaded townhouses with 12’ drive aisles are allowed where units are at least 30’ in width. The right example shows a shared driveway with individualprivate garages placed to the rear of units. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 275 December 20, 2017 UDC update 7-28-2017 draft C. For rowhouses where the primary pedestrian access to the dwelling is from an alley or private internal vehicular access, buildings must emphasize individual pedestrian entrances over individualprivate garages by using both of the following measures: 1a. Enhance entries with a trellis, small porch, or other architectural features that provides cover for a person entering the unit and a transitional space between outside and inside the dwelling. 2b. Provide a planted area in front of each pedestrian entry of at least 20 square feet in area, with no dimension less than four4 feet. Alternative designs will be considered, provided they meet the intent of the standards. Figure 38.360.240.C. Good and bad examples of garage/entry configurations. The left example features a landscaped area and a trellis to highlight the entry. In the middle image, the balconies and landscaped areas deemphasize the garage. In the right image, the lack of landscaping near the entries would not be allowed (where this is the primary pedestrian entry to the unit). D. Internal drive aisle standards: 1. Must meet minimum widths of any city adopted International Fire Code. 2. Minimum building separation along uncovered internal drive aisles must be 2524 feet. The purpose is to provide adequate vehicular turning radius, allow for landscaping elements on at least one side, and to provide adequate light and air on both sides of the dwelling units and drive aisles, which often function as usable open space for residents. 3. Upper level building projections over drive aisles are limited to three feet, and must comply with provisions in subsection D. (2) aboveof this section. E. Usable open space. Townhouse and rowhouse dwellings must provide open space at least equal to ten percent of the building living space, not counting automobile storage. The required open space may be provided biny a one or more of the following ways: 1. Usable private open space that is directly adjacent and accessible to dwelling units. Such space must have minimum dimensions of at least 12 feet on all sides and be configured to accommodate human activity such as outdoor eating, gardening, toddler play, etc. Front setbacks may be used to meet this standard, provided they are defined with a fence (meeting the standards of section 38.320.110). 2. Balconies, roof decks and/or front porches. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 276 December 20, 2017 UDC update 7-28-2017 draft Figure 38.360.240.E.2.a. Usable open space examples for townhouses/rowhouses. The lower left plan includes usable open space in the front yard. The middle play includes an upper level deck the full width of the unit. The upper right example uses a balcony that’s placed over the garage driveway. Figure 38.360.240.E.2.b. Usable open space examples for townhouses/rowhouses. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 277 December 20, 2017 UDC update 7-28-2017 draft FE. Building design. 1. Townhouse/rowhouse articulation. Townhouse and rowhouse buildings must comply with residential building articulation standards as set forth in section 38.530.040.C except that the articulation intervals must be no wider than the width of units in the building. Thus, – if individual units are 15 feet wide, the building must include at least three articulation features for all façades facing a street, common or other shared open space, and common parking areas at intervals no greater than 15 feet. 2. Repetition with variety. [see figures 38.360.240.F.1 and 2] Townhouse and rowhouse developments must employ one or more of the following “repetition with variety” guidelines: a. Reversing the elevation of two out of four dwellings. b. Providing different building elevations for external townhouse units (versus internal units) by changing the roofline, articulation, windows, and/or building modulation patterns. c. Adding a different dwelling design or different scale of the same design, such as adding a one- story version of the basic dwelling design where two-stories are typical (or a two-story design where three stories are typical). d. Other design treatments that add variety orf provide special visual interest. While the variable use of color on buildings can be effective in reducing the perceived scale of the building and adding visual interest, color changes alone are not sufficient to meet the intent of the standards. Figure 38.360.240.F.1. Acceptable townhouse configuration employing the repetition with variety concept. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 278 December 20, 2017 UDC update 7-28-2017 draft Figure 38.360.240.F.2. Acceptable townhouse/rowhouse buildings integrating the “repetition with variety” guidelines. The internal units in the left image each have distinct, but identical windows and roof forms. The outside unit is differentiated through the use of building materials, window design, unit size, and façade detailing. The internal and external units in the right example include reverse elevations. Sec. 38.360.250. – Short Term Rentals (38.22.250) A. Purpose and intent. The purpose of this article is to provide for the regulation of short term rentals in certain zoning districts within the city in order to preserve neighborhood character while encouraging economic activity and diversity, and to promote public health, safety, and welfare. B. Applicability. 1. The provisions of this article apply only to short term rentals as defined herein. 2. This article does not apply to any rental of a dwelling unit which is governed and defined by The Montana Residential Landlord and Tenant Act of 1977 (Landlord Tenant Act). This article applies only to transient occupancy of a short term rental as defined herein. 3. A lower-priced or moderate-priced home subject to and defined by chapter 38, article 43, or a dwelling that received financial support from the city, including but not limited to down payment assistance, impact fee payment, or other financial subsidy, may not be used as a short term rental until such time as the lien instrument against the property in favor of the city securing the amount of such subsidy has been released and the release recorded with the Gallatin County Clerk and Recorder’s Office. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 279 December 20, 2017 UDC update 7-28-2017 draft C. Definitions. For purposes of this article, the following definitions apply: 1. Hosting platform means a person or entity that provides a means through which an owner may advertise and offer for rent a short term rental to the general public. 2. Owner includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, or lessee with exclusive possession under a valid long-term lease or rental agreement. 3. Owner-occupied means the owner occupies the dwelling as his or her principal residence for more than 50% of the calendar year. 4. Operation of or operating a short term rental means the short term rental has been rented by or on behalf of the owner to the general public for compensation for transient occupancy. “Operation of” or “operating” a short term rental does not include mere advertisement of or offering to rent short term rental(s). 5. Responsible person means the person responsible for addressing all maintenance, nuisance, and safety concerns related to a short term rental. 6. Short term rental is defined in article 42 of this chapter. 7. Transient occupancy of a short term rental means occupancy which has the following characteristics: a. The period of occupancy is less than 28 consecutive days, and b. The renter has a principal residence other than the short term rental, and c. The short term rental is furnished with personal property necessary to make the unit ready for immediate occupancy by the renter. A. Short term rental classifications. Short terms rentals are classified as: a. Type-1: A short term rental of one or more bedrooms in an owner-occupied dwelling while the owner is occupying the same dwelling unit for the entire rental period. b. Type-2: (1) A short term rental of an owner-occupied dwelling if the owner is not occupying the dwelling during the entire rental period. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 280 December 20, 2017 UDC update 7-28-2017 draft (2) A short term rental of a permitted accessory dwelling unit (ADU) whether or not the ADU’s owner is present in the primary dwelling unit during the rental period. (3) A short term rental of one dwelling unit within a duplex whether or not the duplex’s owner is present in the duplex’s other dwelling unit during the rental period. c. Type-3: A short term rental that is not owner-occupied. E. Where allowed. An owner may operate a short term rental in all zoning districts where such use is authorized in Chapter 38, articles 8-11 and 14 subject to the requirements of this article. F. Compliance with laws. 1. In addition to the provisions of this article, the short term rental owner must comply with all other applicable local, state and federal laws, including but not limited to city parking regulations, including time limitations and ADA parking restrictions; lodging facility use tax and accommodations sales tax regulations; health department permitting requirements; the Americans with Disabilities Act; fair housing laws; building codes and fire codes, and the nondiscrimination provisions in chapter 24, article 10. Loss of any required permit or license will result in revocation of the short term rental registration in accordance with subsection J of this section. 2. Compliance with all applicable laws and regulations is the sole responsibility of the owner and city approval of an application for short term rental registration in no way waives or transfers to the city such responsibility. In addition, the owner is solely responsible for verifying the use of a property as a short term rental is compatible with insurance and mortgage contracts, home owners’ association covenants, rental agreements and any other contracts which govern the use of the property. G. Administration. The director will collect all registration fees and will issue registrations and renewals thereof in the name of the city to all persons qualified under the provisions of this article and has the power to: 1. Make rules. The director will promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this article. All rules are subject to city commission review and modification. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 281 December 20, 2017 UDC update 7-28-2017 draft 2. Adopt forms. The director will adopt all forms and prescribe the information to be given therein. 3. Obtain approvals. The director will submit all applications to interested city officials for their approval as to compliance by the applicant with all city regulations which they have the duty of enforcing. 4. Investigate. The director will investigate and determine the eligibility of any applicant for a short term rental registration as prescribed herein. 5. Examine records. The director may examine the books and records of any applicant when reasonably necessary to the administration and enforcement of this article. 6. Give notice. The director shall notify any applicant of the acceptance or rejection of the application and will, upon the director’s refusal of any registration, at the applicant's request, state in writing the reasons therefor and deliver them to the applicant. 7. Record keeping. The director will maintain at all times a record of registered short term rentals, including the full name of each registrant, the address at which such short term rental is operated, the date of issuance, the fee paid therefor, the telephone and address of the applicant, and the time such registration will continue in force. H. Registration. The following requirements apply to all short term rentals unless otherwise noted. 1. General. It is unlawful for any person to operate within the city a short term rental without having first registered the short term rental with the Department of Community Development. A separate registration shall be required for each short term rental. 2. Application; submittal materials. The applicant must complete and submit an application for a short term rental registration to the Department of Community Development using a form provided by the city. The form will include an acknowledgement and agreement the short term rental meets and will continue to meet the definition of short term rental classification (Type-1, Type-2, or Type-3) during the registration term. Before the application will be accepted by the director, the applicant must provide: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 282 December 20, 2017 UDC update 7-28-2017 draft a. The name, telephone number, address, and email address of all property owners and of the responsible person, if different. If the property owner is a business, the name(s) and contact information of all business owners must be provided. b. The Montana Department of Revenue tax registration number for the short term rental. c. A sketch plan with a description of the short term rental, including street address, number of bedrooms, and number of off-street parking spaces available for guests’ use. d. Certification the short term rental meets and will continue to meet the definition of short term rental classification (Type-1, Type-2, or Type-3) during the registration term. e. For Type-2 and Type-3 short term rentals, certification the applicant has read and understood the standards in subsection I of this section and the property applied for meets the standards. f. For Type-2 short term rentals in residential zoning districts, certification that residents adjacent to the proposed short term rental have been provided written notice in accordance with subsection 6 of this section. g. The registration fee and fire inspection fee. 3. Safety inspections. a. Initial inspection. Prior to issuance of a short term rental registration, an inspection by the city fire department must be completed and signed off by a city fire inspector, or by an NFPA-certified fire inspector using an inspection form approved by the city fire marshal. A fire inspection checklist form will be provided to the applicant with the application materials. If a short term rental registration lapses for any period of time, upon reapplication for registration an inspection must be completed and signed off as described in this subsection before the short term rental registration will issue. b. Re-inspection. If re-inspection or multiple visits by a fire inspector are required before the inspection form may be signed, additional inspection fees will apply. c. Subsequent inspections; self-certification. The city fire marshal may require a repeat inspection on a periodic basis, and at any time upon complaint or evidence of non-compliance. Applications for annual renewal of registration will include a self-certification by the applicant that they continue to comply with the fire inspection checklist. By applying for renewal of registration, the applicant will acknowledge and agree that the city may randomly select a certain percentage, not to exceed 10%, of the renewal applications for a full inspection as described in subsection (a). If selected, the registration renewal will be conditioned on completion of the fire inspection and payment of the fire BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 283 December 20, 2017 UDC update 7-28-2017 draft inspection fee. The owner of a short term rental selected for a full inspection will be allowed to continue to operate the short term rental pending completion of the inspection, provided all other renewal requirements have been met. 4. Safety hazards. The short term rental owner acknowledges that the city, or any authorized representative thereof, have the right to suspend operation of any short term rental when the city determines the rental is causing or contributing to an imminent public health or safety hazard. 5. Fees. Short term rental registration and inspection fees shall be established by resolution of the city commission. 6. Additional notice requirements for registrations and registration renewals of Type-2 short term rentals in residential zoning districts. The applicant for a Type-2 short term rental registration in a residential zoning district included in 38.310.030 Table 38.08.020 must give notice on a form provided by the city to each residence adjacent, including those residences adjacent across a public right-of-way and properties connected to the applicant’s property by property corners. The notice must include a description of the proposed use and the name, address, telephone number and email address (if any) of the responsible person. 7. Issuance of registration. Once the applicant submits the completed application form, all required submittal materials, and registration and inspection fees, the director will review the application form and submittal materials and determine whether the short term rental meets all city requirements for registration. The city will issue the short term rental registration when: a. The director determines the short term rental meets all city requirements for registration; and b. The applicant has provided either a signed pre-operational inspection report from the health department indicating the short term rental may operate as a public accommodation or a valid and current public accommodation license issued by the state of Montana department of health and human services pursuant to Title 50, Chapter 51, MCA. 8. Listing of registration. The short term rental registration form will require the applicant to agree to inclusion in an online listing of short term rentals registered with the city. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 284 December 20, 2017 UDC update 7-28-2017 draft 9. Display of short term rental registration number. The owner must include the short term rental registration number in all listings of the short term rental on any hosting platform and print advertising. 10. Change in ownership. A short term rental registration does not run with the land, and a change in ownership of the short term rental terminates the registration. The new owner wishing to continue operation of the property as a short term rental must apply for registration following the process described in this section. 11. Expiration. Registrations issued pursuant to this article are valid for one year from the month in which such registration is issued and will expire automatically unless renewed in accordance with this section. 12. Renewal. The registrant may apply to renew the registration annually using a form provided by the city. It is the registrant’s responsibility to renew the registration on time even if a courtesy reminder is not received by the registrant. I. Short term rental standards. The following requirements apply only to Type-2 and Type-3 short term rentals unless otherwise noted. 1. Short term rental agreement; written rules for guests. The short term rental owner must enter into a written rental agreement with the guest for each stay in the short term rental. a. The guest must be provided with a written list of rules applicable to the short term rental with the rental agreement, and the rental agreement must include a written acknowledgement by the renters of their agreement to comply with such rules. b. The list of rules must include those rules required by this article to be included. c. The list of rules must be prominently displayed within the short term rental. 2. Responsible person. The applicant must designate a person responsible for addressing all maintenance, nuisance, and safety concerns related to a short term rental. The responsible person must be available to take and respond to reports of concerns and complaints 24 hours per day, 7 days per week during the registration term. The name and contact information for the responsible person must be included in the list of rules. 3. Maximum occupancy for Type-2 and Type-3 short term rentals. The maximum occupancy of a Type-2 or Type-3 short term rental is two persons per bedroom plus two additional persons, except that this number may be reduced by the city based on available parking spaces. The maximum occupancy will be noted BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 285 December 20, 2017 UDC update 7-28-2017 draft on the short term rental registration and must be included in the list of short term rental rules. 4. Maximum number of bedrooms that may be rented in a Type-1 short term rental; maximum occupancy. The owner of a Type-1 short term rental may rent or offer for rent up to two bedrooms in the dwelling, except that in a two- bedroom dwelling, only one bedroom may be rented or offered for rent. No other area of the dwelling may be rented or offered for rent. The maximum occupancy of a Type-1 short term rental is two persons per bedroom. 5. Trash removal. The responsible person must ensure proper disposal of solid waste pursuant to local and state rules, regulations and laws. The schedule for trash and recycling collection and instructions for proper disposal must be included within the short term rental rules. 6. Signage. Exterior signs identifying the unit as a short term rental are prohibited on short term rentals. During a rental period, there must be a sign posted inside the front door of the short term rental showing the locations of all fire extinguishers in the unit, the gas shut-off valve, and fire exits. 7. Noise and nuisance a. The owner of the short term rental must ensure that use of the short term rental by guests is in compliance with the noise provisions of chapter 16, article 6 and all nuisance provisions of the Bozeman Municipal Code. b. A prohibition against making loud noise in such a manner as to disturb the quiet, comfort or repose of a reasonable person of normal sensitivity must be included in the short term rental rules. c. All outdoor activities producing noise discernible from a neighboring property shall cease by 10:00 p.m. This requirement must be included in the short term rental rules. J. Violations; enforcement. 1. Registration suspension or revocation. The director may suspend or revoke a short term rental registration when the registrant commits one or more of the following acts or omissions: a. Failure to comply with any provision of this article; b. Operating or allowing the operation of the short term rental in such a manner as to create a public nuisance, cause a breach of the peace, constitute a danger to BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 286 December 20, 2017 UDC update 7-28-2017 draft the public health, safety, welfare or morals, or interfere with the rights of abutting property owners; c. Cancellation of the health department’s public accommodation license, tax authority registration, or any other required permit; or d. The securing of the registration by fraud or misrepresentation, to specifically include false or incorrect information on the registration application. 2. Procedure. Should the director decide to suspend or revoke a registration, the registrant will be given notice and an opportunity to respond following the procedures in this subsection, except that should the director determine the short term rental or its operation present a safety hazard or require immediate remedy, the director may order operation of the short term rental to cease immediately. a. The registrant will be notified in writing by the director at least seven days prior to the action contemplated and the reasons therefore. b. Upon receipt of the notice, the registrant may request a meeting with the director. Such request must be in writing and must be received by the director within seven days of the registrant’s receipt of the notice. Failure on the part of the registrant to request in writing a meeting and within the specified time period shall be a waiver of the registrant’s right to a meeting. c. If a meeting is requested by the registrant, the director will set a time, date and place and will so notify the registrant, in writing. d. When a meeting is conducted, the city will present the evidence supporting the contemplated action. The director may request evidence be presented by other parties. The registrant may present evidence. The director will take all evidence admitted under advisement and once a decision has been made the director will notify the registrant of the findings and decision in writing. 3. Appeal. Any person aggrieved by a decision of the director will have the right to appeal to the city commission by following the procedures in 38.250.030 38.35.030. 4. Unpaid fee constitutes debt. The amount of any unpaid fee, the payment of which is required hereunder, constitutes a debt due the city. 5. Violation constitutes a misdemeanor. In addition to suspension or revocation under subsection A of this section, a knowing violation of this article constitutes a misdemeanor punishable as described in 38.200.160 38.34.160. Sec. 38.360.260. – Agricultural uses in Residential Suburban. (38.08.020) Agricultural use standards per 2.5 acres: one horse or one cow; two sheep or two goats; ten rabbits; 36 fowl (chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese, turkeys, etc.). For larger parcels BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 287 December 20, 2017 UDC update 7-28-2017 draft the review authority may determine that a larger number of livestock is consistent with the requirements of this section. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 288 December 20, 2017 UDC update 7-28-2017 draft 38.370 Wireless Facilities (Article 29) Sec. 38.370.010. - Intent, purpose and applicability. (38.29.010) A. It is the duty of the city to protect the public health, safety and welfare and the city has the authority to regulate the placement, construction and modification of wireless facilities in the advancement of that duty. B. The city commission finds that: 1. The aesthetic character of the city is a matter of substantial economic importance and general concern to the citizens of the city, as described in the city's adopted growth policy, and is an important part of the public welfare; 2. Wireless facilities are often visually obtrusive due to their necessary height, support equipment and interruption of the viewscape, and can have substantial negative impacts on the character of the city and its surrounding viewsheds which negatively affect the character of the city; ; 3. The impacts of wireless facilities can be reduced by establishing standards for location, structural integrity, compatibility and collocation; 4. To reduce visual and other impacts on the community tThe city desires to promote collocation, use of stealth installations of wireless facilities and the use of smaller and less intrusive facilities to minimize the need to construct new large scale wireless facilities in order to reduce visual and other impacts on the community; ; 5. The city desires to provide clear and consistent regulations for review of proposed wireless facilities; 6. The city desires to support the ability of telecommunication service providers to deliver such services to the community consistent with other community objectives; 7. The construction of new large scale wireless facilities is the action of last resort to provide for wireless communication services and should only be undertaken when other alternatives are not available; 8. It is necessary to determine the locations and circumstances most appropriate for placement of wireless facilities to serve the community; 9. Consistent with applicable law, the city desires to minimize the adverse visual impacts of towers and antennas through careful siting, design, landscape screening and innovative camouflaging screening; 10. The city seeks to protect against potential health and safety hazards to citizens and prevent damage to adjacent properties; 11. The city intends to exercise its authority with respect to the regulation of the placement, construction and modification of wireless facilities, to the fullest extent permitted by applicable law; 12. The city recognizes the need to respond to the policies in the Telecommunications Act of 1996 and has constructed its regulations in a manner that does not unreasonably discriminate between providers of functionally equivalent personal wireless service, and that does nor prohibitnot prohibits or has the effect of prohibiting personal wireless service in the city; 13. The city recognizes that the Federal Communication Commission exercises certain sole authority in the licensing and other regulation of wireless services which the city recognizes; ; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 289 December 20, 2017 UDC update 7-28-2017 draft 14. The adequate review of a telecommunications application may require expertise not typically possessed by city staff which would require the city to obtain qualified outside expertise to properly evaluate an application; and 15. Outside review would generate additional costs to the public to preserve the public interest which these costs must be mitigated and should properly be mitigated by those causing such additional costs. C. General application. All uses listed in this division 38.370 must beare subject to the specific standards described for each use, in addition to all other applicable standards which may apply, and are limited to those districts specified. The provisions of this division 38.370 apply to development and modification of large scale wireless facilities, micro-scale wireless facilities, non-broadcast telecommunication facilities and small scale wireless facilities. These and other terms are defined in article 7 of this chapter. 1. The provisions of this division 38.370 only apply to facilities which meet the definition of a wireless facility or that are otherwise specifically brought under the authority of this division 38.370. Sec. 38.370.020. - Special submittal requirements. (38.29.020) In addition to the materials required by division 38.220 of this chapter for site plans, conditional use permits, and planned unit developments, the materials required by section 38.220.170 must be submitted. Sec. 38.370.030. - Uses within districts and required review procedures. (38.370.030) A. Purpose. The purpose of this section is to describe the procedures under which certain uses may be permitted as principal or conditional uses in specific districts. Unless specifically exempted by this division 38.370, all other standards and procedures of this chapter must apply. 1. The Montana Subdivision and Platting Act ( MCA 76-3-101 et seq.) may requires subdivision review when land interests are created by rent or lease. Depending on how the ownership and use of land for a facility subject to this division 38.370 is established, subdivision review may be required in addition to site plan review. B. No wireless facility may be permitted except in accordance with the development review processes indicated in Table 38.370.030 in subsection B.1 of this section, based on the applicable zoning district and scope of the proposed facility. Principal uses are indicated with a "P", conditional uses are indicated with a "C", accessory uses are indicated with an "A", planned unit development is indicated with a "PUD", and uses which are not permitted within the district are indicated by a "-". All applications are subject to the review processes, submittal requirements and other requirements of articles 230, 430 and 220 of this chapter as may be applicable. 1. Review procedures. Table 38.370.030 Zoning District Large scale Small scale Micro scale Non-broadcast PLI P P A P M-2 P P A P M-1 P P A P B-P C P/C1 A P BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 290 December 20, 2017 UDC update 7-28-2017 draft B-3 C P/C1 A P B-2 C P/C1 A P B-2M C P/C1 A P B-1 C P/C1 A P UMU C P/C1 A P REMU PUD P/C1 A C NEHMU P P A P R-O PUD C P C R-5 PUD C P C R-4 PUD C P C R-3 PUD C P C R-2 PUD C P - R-1 PUD C P - R-S PUD C P C Note: 1. Conditional1Conditional use review is required when the proposed facility exceeds the height limitation of the district. 2. Collocation upon a previously approved wireless facility, when such additional facilities were contemplated as part of the original review, must be reviewed as a sketch plan in all zones. 3. A wireless facility may be permitted as an accessory use in any nonresidential district when: a. It is for the exclusive use of a single on-site business when the business has otherwise been approved under division 38.230 or 38.430 of this chapter, rather than offered to additional parties; b. It is in compliance with the maximum building height limitations of the zoning district; c. Complies It complies with all setback and other zoning requirements; and d. Has eight or less square feet of total antenna surface area. 4. Installations located within the neighborhood conservation overlay or entryway corridor overlay districts must be reviewed against the criteria of division 38.340 of this chapter as applicable, and shall require a certificate of appropriateness is required before issuance of a building permit. 5. Prior to submitting an application for a large scale or small scale wireless facility, the applicant must request in writing a pre-application conference with the community development department. The purpose of the pre-application conference is to acquaint the participants with the applicable requirements of this division 38.370, as well as with any preliminary concerns of the department may have. 6. The applicant's written request for a preapplication conference must include the following information with regard to the proposed facility: a. Location; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 291 December 20, 2017 UDC update 7-28-2017 draft b. Overall height; c. Number of antennas proposed, including those of other providers to be collocated; d. Type of wireless communication services to be provided; and e. Coordination of ground equipment shelters. 7. Adequate review of applications may require the city to retain consultants or other third party assistance to review an application. In such event the applicant must reimburse the city for the actual costs incurred prior to issuance of a building permit. 8. The provisions of division 38.280 of this chapter must apply for all nonconforming facilities subject to this division 38.370. Sec. 38.370.040. - Standards. (38.29.040) A. Safety. All wireless facilities subject to this division 38.370 must meet the following standards: 1. The structural design for all wireless facilities greater than ten feet in height or which have more than four square feet of total antenna area must be certified by a professional structural engineer licensed to practice in the state. A building permit must be obtained prior to the installation of any facility subject to this division 38.370. 2. All wireless facilities must meet or exceed current standards and regulations of the FCC, FAA and any other agency with the authority to regulate wireless facilities. If such standards are changed, the owner must modify the installation to comply with the new standards within six months of the effective date of the new standards or regulations unless a different implementation schedule is required by the issuing agency. 3. Wireless facilities with a base located at grade must be enclosed within a secure fence not less than six feet in height, or the tower itself must be equipped with an appropriate anti-climbing device. B. Aesthetics. 1. All wireless facilities. a. The provisions of section 38.370.040.B may be waived by the review authority as determined by division 38.220 of this chapter where it has been demonstrated that the waiver will result in superior compliance with the intent and purposes of this chapter. b. All installations must be as visually unobtrusive as is feasible. Facilities and equipment mounted on existing structures must be visually incorporated into the structure or background by the use of architectural elements, color, screening or other methods. c. No lighted signage is permitted. d. All structures must be constructed in conformance with the standards of the city's adopted International Building Code. e. In addition to landscaping required by 38.550, Vvisuale. Visual screening of ground mounted equipment must be provided in all residential areas and where a facility is located within a nonresidential area which is visible, from a viewpoint five feet above grade, from a residential area. Screening must provide an opaque screen within 18 months of establishment and be a minimum of four feet in height. The screening may be of landscape materials or a fence which otherwise complies with this chapter. The site must comply with the landscaping provisions of article 5 of this chapter. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 292 December 20, 2017 UDC update 7-28-2017 draft f. Exterior façade materials and the character of equipment shelters used in residential areas must be of materials commonly used in the immediate area. The architectural design of the exterior of the shelter must be compatible with surrounding residential structures. The intent of the requirements of this subsection B.1.f may be met by providing opaque fencing or other visual screening compatible with the neighborhood, in compliance with all other sections of this chapter, which will obscure the entire equipment shelter. The screening must be in place prior to the commencement of operations of the facility. 2. Preferences. In order to justify the construction of a wireless structure, the applicant must demonstrate that higher ranking alternatives in the following hierarchy, beginning with subsection 2.a.(1) of this section, do not constitute feasible alternatives. The order of preference, from most preferred to least preferred and based on technical feasibility, for new wireless facilities is: a. Facility size. (1) Micro-scale wireless facilities or collocation on existing large scale wireless facilities; (2) Small scale wireless facilities; (3) Large scale wireless facilities 50 feet or less in height; and (4) Large scale wireless facilities in excess of 50 feet in height. b. A facility meeting the definition of stealth, as defined in section 38.700.170 of this chapter, is always preferred over a facility of the same scope which does not meet the definition of stealth. Stealth facilities may be required in historic districts and under other circumstances. c. As appropriate, the following evidence may also be submitted to demonstrate compliance with this section: (1) That no existing wireless communications facility within the search area meets the applicant's radio frequency engineering or height requirements; (2) That no structure within the search area has sufficient structural strength to support the applicant's proposed antennas; or (3) That there are other verifiable limiting factors that render collocated or other more preferred options unsuitable or unreasonable. d. Self-supporting lattice or guyed structures are generally preferred over monopoles. 3. Special standards. The following special standards apply as shown in Table 38.370.040: a. Stealth installation is required; b. Wireless facilities are exempt from the height limitations of section 38.350.050, but are subject to the height limitations of section 38.370.040; c. The height limitation of the district may be exceeded by the least amount necessary to provide services, but only when service may not otherwise be provided by a less intensive facility or an alternative site; and d. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 293 December 20, 2017 UDC update 7-28-2017 draft Table 38.370.040 Zoning District Large-scale Small-scale Micro-scale Non-broadcast PLI b b b - M-2 b b b - M-1 b b b - B-P c a, c b - B-3 c a, c b - B-2 c a, c b - B-2M c a, c b - B-1 c a, c b - UMU c a,c b - REMU d a, c b - NEHMU b b b - R-O d a, c a, b - R-5 d a, c a, b - R-4 d a, c a, b - R-3 d a, c a, b - R-2 d a, c a, b - R-1 d a, c a, b - R-S d a, c a, b - 4. Stealth. a. Installations located within the conservation overlay district must be stealth facilities. b. A stealth wireless facility may exceed the height limitations of the district by ten feet. 5. Small scale wireless facilities. All small scale wireless facilities established in the neighborhood conservation or entryway corridor overlay districts must be installed in such a way as to maintain the historic or architectural character of the host site. All sites must maintain the least possible visual obtrusiveness. 6. Large scale wireless facilities. No large scale wireless facility will be permitted unless the applicant demonstrates that the proposed facility can not be accommodated on an existing structure or by placement of a smaller facility. In order to justify the construction of a large- scale wireless facility, the applicant must demonstrate that higher ranking alternatives in the hierarchy, beginning with section 38.370.040.B.2.a.(1), do not constitute feasible alternatives. Such demonstration must be made by submission of a statement of position, qualifications and experience by a licensed radio frequency engineer; and must address the required findings of this section. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 294 December 20, 2017 UDC update 7-28-2017 draft a. If collocation is feasible, the owner of the large scale wireless facility must certify in writing, prior to final permit approval, that the owner will accept for collocation any FCC-licensed or licensing exempt wireless communication provider using compatible technology at reasonable and customary rates and terms up to the structural capacity to accommodate additional antennas. Collocation may be denied based on verifiable and substantial expectations of interference from additional users. Later failure to comply with the requirements supporting collocation may result in the revocation of city approvals or other penalties provided stipulated by the municipal code as the requirements of the title will have been violated. b. The city must find the proposed guarantee, assurances or provisions for the perpetual maintenance and for removal of an abandoned large scale wireless facility to be adequate. c. A large scale wireless facility must not either: (1) Exceed 190 feet in height; or (2) When located east of the alignment of Church Avenue/Sourdough Road and west of the extended alignment of Bozeman Trail Road/Arnica Drive; (a) Exceed 100 feet in height when its base elevation is greater than 4,800; (b) Exceed 40 feet in height when its base elevation is above 4,850 elevation; (c) Notwithstanding the provisions of subsections B.6.c.(2)(a) and (b) of this section, these restrictions must not apply for those areas lying east of the extended alignment of Bozeman Trail Road/Arnica Drive and south of Interstate 90. d. Where multiple service providers will be utilizing the same ground area and/or support structure, a single structure must be provided to house all ground based equipment. e. Special setbacks for large scale wireless facilities must be provided and/or a design for internal structural collapse to avoid damage or injury to adjoining property or users must be provided. (1) Residential district setbacks for a large scale wireless facility must be 100 percent of facility height, which may be reduced to no less than 50 percent upon the provision and approval of an engineered design, stamped by a professional structural engineer licensed to practice in the state, establishing a smaller collapse area. (2) A large scale wireless facility in nonresidential zones must provide a minimum setback from the property lines of 75 percent of facility height, which may be reduced to no less than 30 percent of facility height upon the provision and approval of an engineered design, stamped by a professional structural engineer licensed to practice in the state, establishing a smaller collapse area. Large scale wireless facilities located within nonresidential zones, but adjacent to a residential zone or residentially developed areas, must maintain a minimum setback from residential zoning or property boundaries of at least 50 percent of facility height. All installations must maintain the minimum zoning district setbacks, including special setbacks for applicable block frontage in division 38.510 of this chapterentryway corridors. f. New large scale wireless facilities greater than 50 feet in height must be designed in all respects to accommodate both the applicant's antennas and antennas for at least two other additional users. A new large scale wireless facility may meet this requirement by correctly sizing the foundation and other structural elements to allow the future addition of height to the structure to accommodate additional users rather than immediately constructing the entire large scale wireless facility. This requirement may be waived by the governing body BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 295 December 20, 2017 UDC update 7-28-2017 draft upon a showing of fact to overcome the presumption that multiple transmitters are desirable on the proposed facility. g. All large scale wireless facilities 50 feet or greater in height, regardless of the zoning district in which the structure is located, must be located at least one mile, measured in a straight line, from any other large scale wireless facility that is 50 feet or greater in height. An exception to this requirement may be granted by the approval body when it is found and factually supported in the written record that the criteria of subsection B.6.i of this section are met and a critical need exists for the proposed location, or that a closer placement is desirable to advance the intent of this chapter. h. A large scale wireless facility greater than 50 feet in height must only be approved when the applicant can demonstrate in writing that no existing or approved micro-scale, small scale or large scale wireless facility within the required separation distance of the proposed site can accommodate the applicant's proposed antenna. i. In addition to the other review criteria of this chapter, affirmative findings for at least one of the following items must be made in order for the conditions necessary for approval to exist: (1) No existing or proposed structures located within the geographic area are adequate to support the proposed antennas , which are located within the geographic area are required to meet the applicant's engineering and service requirements; (2) Existing or approved structures are not of sufficient height to meet the applicant's engineering and service requirements and a combination of smaller scale facilities will not provide for adequate service delivery; (3) Existing or approved structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment and can not be reinforced to provide sufficient structural strength; (4) The applicant's proposed antennas would cause electromagnetic interference with the antenna on the existing or approved antenna support structures, or the antenna on the existing or approved antenna support structures would cause interference with the applicant's proposed antenna; (5) Property owners’ or owners of existing or approved wireless facilities or locations for smaller scale installations are unwilling to accommodate the applicant's needs; or (6) The applicant demonstrates that there are other factual and verifiable limiting factors that render existing or approved wireless facilities unsuitable. j. Height and number of users. A large scale wireless facility may be reviewed as a multiple phase project and be constructed over time as provided for in section 38.370.040.B. Prior to the approval of a final site plan, or a building permit if it be is a latter phase of a phased project, an applicant must provide: (1) For the first 70 feet of tower height, for an applicant who is not themselves a wireless service provider, a copy of an executed lease from a wireless service provider of not less than 12 months duration; (2) For a height of greater than 70 feet and not more than 110 feet of structure height, one additional executed lease; (3) For a height greater than 110 feet, a second additional executed lease; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 296 December 20, 2017 UDC update 7-28-2017 draft (4) Leases may be redacted to remove proprietary information but must identify the parties. 7. Non-broadcast. A non-broadcast telecommunication facility located within a B-1, B-2, B-2M or B-3 district, a mixed-use n entryway overlay district, the neighborhood conservation overlay district or a residential zoning district must be enclosed within a structure. The structure must be of materials and architectural character which are compatible with the adjacent properties. The facility must comply with all applicable side, front and rear yardsetback setbacks. C. Administrative. 1. An inventory of existing sites utilized by the applicant must be provided. The inventory must note the feasibility of accommodating other users. The city may share this information with other applicants or interested parties to encourage collocation. 2. The public land and agencies exemption from full compliance with zoning in MCA 76-2-402 does not apply to private entities utilizing publicly owned lands. 3. Any antennas or antenna support structures that are not utilized for the provision of wireless services for a continuous period of six months must will be considered abandoned. All facilities must be removed within six months of the cessation of operations. If a facility is not removed within six months the city must may remove the facility at the facility or landowner's expense. Where multiple users share a facility, the non-operational antennas and associated ground- mounted equipment must may be removed, but any common equipment may be retained until all users have terminated the utilization of the site. 4. Any emergency power supply or other equipment installed at the facility must comply with section 38.320.130.H. 5. No facilities may be established in residential areas which require employees to be present on a routine basis may be established in residential areas,, with the exception of periodic maintenance activities, unless the zone allows offices as a permitted or conditional use and appropriate review has been completed. 6. Failure to comply with the terms of this chapter must beis grounds for facilities to be removed by action of the city at the facility or landowner's expense. 7. Any modifications to existing wireless sites may shall only occur in compliance with the review procedures required in section 38.370.030. 8. Denial of an application must be made only after the review body has determined that specific criteria of this chapter can not be met. Said determination must be made in writing and must include the reasons for the denial and the evidence which supports those reasons. Public opposition alone is not sufficient to deny the application. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 297 December 20, 2017 UDC update 7-28-2017 draft 38.380 Affordable Housing Part 1: Findings & Purpose Sec. 38.380.010. - Legislative findings. The city commission hereby finds: A. The Bozeman Community Plan establishes a goal to encourage an adequate supply of affordable housing and land for affordable housing in Bozeman. A lack of affordable housing affects the ability of many residents to find housing which is adequate for their basic housing needs. A lack of adequate housing affects health, social stability, and other issues which can have negative and intergenerational effects. To fulfill this goal, the Community Plan establishes an objective to promote the development of a variety of housing types, designs, and costs to meet the wide range of needs of Bozeman residents. B. The Affordable Housing Action Plan: 2012 - 2016 (Action Plan) analyzed housing needs and existing market conditions and determined housing affordability has become an acute problem as demonstrated by the number of households paying over 30% of their incomes for housing. A 2015 update to the city’s housing needs analysis (Action Plan Update) concluded that the group of homebuyers with significant affordability gaps have incomes at or below 80% of the area medium income and are in need of subsidies and/or below-market home prices. The Action Plan Update also determined that buying opportunities are increasingly scarce for homebuyers with incomes between 60 percent and 100 percent of AMI, and that housing and land prices have increased faster than incomes for many of Bozeman’s residents. C. Since the adoption of the Bozeman Community Plan and the Action Plan, the median sales price of housing has continued to climb. According to the Action Plan Update, as of the end of November 2014, the median home price was $287,000. D. The Action Plan Update states that the number of detached homes priced below $250,000, a rough indicator of housing affordability for a family of three at 100 percent of AMI, has fallen from 48.4 percent of the market in 2012 to just 18.6 percent in 2014. E. There is a critical shortage of for-sale housing affordable to Bozeman households with incomes at and below the area median income, as currently calculated by the U.S. Department of Housing and Urban Development. As a result, some residents pay excessive amounts of income for housing, reducing the amounts available for other necessities and a decent and adequate standard of living. F. Limited housing opportunities within the city requires households to seek housing outside of the city limits which has a negative impact on transportation infrastructure by adding unnecessary trips to the network. Increased driving distance to affordable housing also negatively impacts air and water quality. To maintain a sufficient resident workforce in all fields of employment, and to ensure the public safety and general welfare of the residents of the city of Bozeman, affordable housing needs must be addressed.. G. The city can achieve its goals of providing more affordable housing and its goal of achieving an economically balanced community only if part of the new housing built is affordable to households with low and moderate incomes. H. The inclusionary housing regulations codified in this ordinance will substantially advance the city’s legitimate interest in assuring that additional housing is built in the city that is affordable to residents, including low- and moderate-income households and dispersed throughout the city in order to encourage economic integration of the city’s residents. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 298 December 20, 2017 UDC update 7-28-2017 draft I. This ordinance is adopted pursuant to the city’s self-governing powers and the city’s independent general police power to protect public health, safety, and welfare. Requiring affordable housing within certain developments is consistent with the community’s housing goals of protecting the public welfare by fostering an adequate supply of housing for persons at all economic levels and maintaining both economic diversity and geographically dispersed affordable housing. J. Requiring developers of newly created market-rate housing to provide some housing affordable to low and moderate-income households is reasonably related to the impacts of their projects because: 1. Rising land prices are a key factor in preventing development of new affordable housing. New market-rate housing construction in Bozeman has generally created strong and increasing demand for a finite stock of unbuilt land within the city, and thus continues to drive up the price of remaining land. New development without affordable units reduces the amount of land development opportunities available for the construction of affordable housing. 2. New residents of market-rate housing place demands on services provided by both public and private sectors, creating a demand for new employees. Some of these public and private sector employees needed to meet the needs of the new residents earn incomes only adequate to pay for affordable housing. Because affordable housing is in short supply in the city, such employees may be forced to live in less than adequate housing within the city, pay a disproportionate share of their incomes to live in adequate housing in the city, or commute ever increasing distances to their jobs from housing located outside the city. These circumstances harm the city's ability to attain employment and housing goals articulated in the Community Plan and place strains on the city's ability to accept and service new market-rate housing development. Sec. 38.380.020. - Purpose. The purpose of this article is to promote the public health, safety, and welfare by ensuring that the affordable housing needs of the residents of Bozeman are addressed. In addition, the purpose of this article is to ensure that quality housing is dispersed throughout Bozeman’s neighborhoods for households of a variety of income levels including low- and moderate-income residents to meet the goals of the Community Plan and the Action Plan by encouraging a mix of housing types throughout the city and integrating affordable housing so as to not concentrate affordable housing in a particular area. In addition, the ordinance is intended to alleviate the impacts that would result from the use of available residential land solely for the benefit of households that are able to afford market-rate housing and to mitigate the service burden imposed by households in new market-rate residential developments by making additional affordable housing available for service employees. The ordinance is also intended to mitigate environmental and other impacts that accompany new residential development by reducing traffic, transit and related air quality impacts, promoting jobs/housing balance and reducing the demands placed on transportation infrastructure. The ordinance provides residential developers with a menu of options from which to select alternatives to the construction of inclusionary units on the same site as market-rate residential developments, and provides incentives for housing developers to ensure houses are constructed and sold in a manner that furthers the city’s affordable housing goals. Finally, the ordinance provides incentives for housing developers who are not legally required to comply with the requirements for construction of inclusionary housing, but nevertheless choose to construct affordable housing. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 299 December 20, 2017 UDC update 7-28-2017 draft Part 2: Applicability and Definitions Sec. 38.380.030. - Applicability. A. This article applies to: 1. Subdivisions and site plans which propose 10 or more market-rate homes, to be created through development, new construction, substantial improvement or reuse. 2. Annexations where the net developable area of the annexing parcel when considering the applicable zoning could result in 10 or more dwellings. In such a case, the annexation agreement shall require the provision of affordable housing pursuant to this article. 3. Developments seeking to use incentives to develop affordable housing. B. Contiguous tracts under common ownership and control. A developer may not avoid the requirements for construction of affordable homes by submitting piecemeal applications for development. At the time of the initial application for approval of a subdivision or site plan, the developer shall identify all contiguous property under common ownership and control in the affordable housing plan required by section 38.43380.100. C. Development applications approved prior to the effective date of this article. A site plan or subdivision having received sufficiency approval as of the effective date of this article or a preliminary site plan or preliminary plat granted approval prior to the effective date of this article may apply for one or more of the incentives described herein. Only that portion of the amended preliminary plat or site plan pertaining to the request for approval of one or more incentives will be subject to review. The requirements of section 38.19.130 for the amendment of plans will not apply. D. Newly proposed residential developments which include affordable housing in excess of this article’s requirements for building affordable homes are eligible for incentives as provided in section 38.4380.130. Such request shall require the preliminary plat or site plan to evidence compliance with all other requirements of this article. E. Exemptions. Developments comprised exclusively of rental housing units are exempt from this article. Sec. 38.380.040. - Definitions. A. Affordable housing or affordable home – A dwelling for purchase by an owner-occupant that requires no more than 33 percent of a household’s income for housing payments and meets the definition of a lower-priced home or moderate-priced home. For purposes of 38.380, “affordable housing” or “affordable home” does not include condominium units. B. Area median income or AMI – As calculated by the U.S. Department of Housing and Urban Development (HUD), AMI is the median income for a family of four within a specific geographical area, such as Gallatin County. For each such region, HUD adjusts this AMI calculation for households of different sizes and updates the calculations annually based on estimated changes in area incomes. For purposes of this article, the city hereby adopts HUD’s AMI calculations as an equitable and reasonable method to determine affordability, based on percentages of AMI specified in this article. C. Common ownership or control – “Common ownership or control” refers to property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent (10%) or more of the interest in the property. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 300 December 20, 2017 UDC update 7-28-2017 draft D. Developer. For purposes of this article, a developer is the person or legal entity, or their successor(s) in interest who: (a) submits an affordable housing plan for a subject property along with other submissions required for land use approvals, zoning, or permit reviews by the city, and/or (b) is the owner of property subject to this article during the development phase or a successor in title, such as a builder, obligated to implement the affordable housing plan required by this article with respect to one or more lots or parcels of land and/or (c) receives incentives for the production of affordable housing. E. Liquid Assets – Assets such as cash, stocks, bonds or similar that can readily be converted to cash with no significant loss in value, but excluding long retirement assets such as IRA accounts, 401K accounts, pension funds, etc. Explicitly excluding retirement F. Lower-priced home – Newly created dwelling for purchase, determined by the city in accordance with this article to be affordable to a household with an income between 65% and 80% of AMI. G. Market-rate home – Any dwelling for purchase subject to this article which is not an affordable home. The number of market-rate homes in a development is used to determine the required number of affordable homes, as described in this article. For the purposes of 38.380, “market rate home” does not include condominium units. F. Moderate-priced home. – Newly created dwelling for purchase, affordable to a household with an income between 81% and 100% of AMI. Part 3: Requirements Sec. 38.380.050. - Requirement to build and sell affordable homes. All development subject to this article must include affordable homes. Sec. 38.380.060. - Number of affordable homes required. The number of affordable homes a developer is required to build is a percentage of the total market- rate homes proposed in the development plan. A. The developer may: 1. Build and sell lower-priced homes. 10 percent of the total dwellings constructed within the subdivision or site plan must be lower-priced homes built and sold at price targets as established by the city pursuant to section 38.4380.070 to households with incomes at or below 80 percent of AMI; or 2. Build and sell moderate-priced homes. 30 percent of the total dwellings proposed must be moderate-priced homes sold at price targets as established by the city pursuant to section 38.4380.070 to households with incomes from 81 percent to 100 percent of AMI; or 3. Build and sell a mix of both types of affordable homes. If a developer proposes a mix of both lower-priced and moderate-priced homes, the developer starts with the 10 percent calculation for lower-priced homes. For each lower-priced home eliminated from the resulting number, the developer may substitute three moderate-priced homes. The distribution of homes between the two categories of affordable homes will be identified in the affordable housing plan required by section 38.4380.100. B. Fractions. If the calculation of the required number of affordable homes results in a fraction of a home, this obligation will be satisfied by payment of a fee-in-lieu pursuant to section 38.4380.140 or by providing an additional moderate-priced home. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 301 December 20, 2017 UDC update 7-28-2017 draft C. Calculating number of affordable homes in phased developments. It is anticipated that in developments being built in phases, the number of market-rate homes may not be certain at the time the developer submits the affordable housing plan pursuant to section 38.4380.100. In such cases, the developer must estimate the number of market-rate homes and number of affordable homes required for all phases. If the number of homes in the first phase of such development is certain at the time of the city’s approval of the affordable housing plan, a separate affordable homes pricing and delivery schedule for that phase shall be incorporated in the affordable housing plan at the time of development or construction of each subsequent phase. As the number of homes in future phases becomes certain, the affordable housing plan shall provide for subsequent affordable homes pricing and delivery schedules for future phases of the development, consistent with the affordable housing plan and section 38.4380.070.B. Sec. 38.380.070. - Pricing of affordable homes. A. The city will calculate on an annual basis the maximum sales price a developer may charge for each category of affordable home required by this article as follows: 1. Lower-priced homes. The sales price for lower-priced homes affordable to buyer-households with incomes from 65 percent to 80 percent of AMI will be calculated based on a household income of 70 percent of AMI. 2. Moderate-priced homes. The sales price for moderate-priced homes affordable to buyer- households with incomes from 81 percent to 100 percent of AMI will be calculated based on a household income of 90 percent of AMI. B. Affordable home sales price schedule. 1. The city will annually publish a schedule of sales prices for low-priced homes and moderate- priced homes within 30 calendar days of the HUD’s annual publication of updated AMI calculations. The sales price schedule will be effective on the date of publication by the city. The new sales price schedule will apply to applications for building permits received after the effective date of the new sales price schedule. A developer may request that a new sales price schedule apply to the sale of an affordable home approved under a previous sales price schedule. 2. The city, at the city’s sole discretion, may recalculate the sales price schedule if prevailing mortgage interest rates have adjusted by 50 basis points or more over the assumption used for the previous schedule. 3. Considerations. The following factors will be considered by the city in calculating the sales price schedule. The Director of Community DevelopmentDirector of community development may make de minimis exceptions to application of these factors: a. AMI for the Bozeman area; b. Gross monthly income will be calculated as the appropriate HUD AMI calculations income divided by 12; c. The maximum monthly payment will be 33% of gross monthly income. The maximum monthly payment will include costs directly applicable to a mortgage such as payment of principal, interest, as well as assumptions for typical costs of taxes, public assessments, property insurance premiums, mortgage insurance premiums (assuming the higher of either government or private mortgage insurance), and homeowner association fees; d. The interest rate will be determined by the city by a survey of at least three local mortgage lenders, averaging their current rates for loans for homes with price ranges within the low- priced homes range and the moderate-priced homes range; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 302 December 20, 2017 UDC update 7-28-2017 draft e. The financing will be a conventional or government-insured fixed-rate loan with a term of 15 to 30 years; and f. A borrower will typically contribute $1,000 toward the purchase price. C. Household occupancy assumptions. To determine the maximum sales prices of affordable homes with different numbers of bedrooms, the city will base its calculation on the AMIs for households of different sizes, as follows: 1. Zero bedroom or studio unit – AMI for a one-person household; 2. One bedroom unit – AMI for a two-person household; 3. Two bedroom unit – AMI for a two-person household; and 4. Three bedroom unit or larger – AMI for a four-person household. Sec. 38.380.080. - Timing of delivery of affordable homes. Required affordable homes must be provided in accordance with the following: A. In each development in which more than one affordable home is required to be sold, the affordable housing plan shall specify that affordable homes are to be sold concurrently and in proportion to the sale of unimproved lots or market-rate homes. Such timing of compliance will be represented in an affordable homes pricing and delivery schedule as described in section 38.4380.100. B. A developer may build and sell affordable homes earlier than required in an affordable housing plan. Sec. 38.380.090. - Minimum design and construction standards for affordable homes. A. Required number of bedrooms in affordable homes. In each development subject to the requirements of this article, affordable homes shall represent a mix of bedrooms per unit as similar as possible (given rounding of numbers) to the mix of bedrooms per unit of the market-rate homes in the development. B. Standards for design and construction. The city shall define reasonable standards for the design and construction of affordable homes to ensure livability and compatibility with nearby market-rate homes in the development. Affordable homes may have different interior finishes and features than other dwellings within the development, as long as the finishes and features are functionally equivalent and of good quality. Finishes include, but are not limited to, design and materials, the provision of appliances, cabinets, and floor treatment. Features include, but are not limited to, the numbers of bathrooms, garages and parking areas, mechanical equipment and hookups, and green building features. C. Amenities. Affordable homes shall have the same amenities as the market-rate homes in the development, including the same access to and enjoyment of common open space and facilities in the development. Sec. 38.380.100. - Submission of affordable housing plan; approval. A. Affordable housing plan. The applicant for any development seeking to utilize the incentives to create affordable housing or subject to the requirements of this article must submit an affordable housing plan in a form provided by or approved by the city that describes how the requirements of this article will be satisfied. When approved by the city, the affordable housing plan must be incorporated by reference in the recorded subdivision plat, site plan or annexation agreement. The applicant will provide only one affordable housing plan to meet the requirements of this article. B. Affordable housing plan as binding agreement. An affordable housing plan approved by the city will be considered a binding contract between the developer and the developer’s successors in interest BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 303 December 20, 2017 UDC update 7-28-2017 draft to the lot or dwelling. Such plan will be included in a separate recorded written agreement between the developer and the city, or incorporated into another recorded document wherein the developer is required to implement the affordable housing plan. C. Contents of affordable housing plan. The affordable housing plan submitted by the developer must include, at a minimum: 1. Number of affordable homes proposed in each affordable home category; 2. The number of bedrooms in each affordable home; 3. Number of market-rate homes in the development; 4. The number of bedrooms in each market-rate home; 5. Location of affordable homes in the development (lots in the plat or units within a site plan); 6. Timing of delivery of the affordable homes in relation to the market-rate homes in the development; 7. Marketing plan describing how affordable homes will be offered to the public; 8. Plan for construction of affordable homes in phased developments. It is anticipated that in developments being built in phases, the number of market-rate homes may not be certain at the time the developer submits the affordable housing plan. In such cases, the developer must estimate the number of market-rate homes and number of affordable homes for each phase. If the number of homes in the first phase of such development is certain at the time of the city’s approval of the affordable housing plan, a separate affordable homes pricing and delivery schedule for that phase shall be incorporated in the affordable housing plan at the time of development or construction of each subsequent phase. As the number of homes in future phases becomes certain, the affordable housing plan shall provide for subsequent affordable homes pricing and delivery schedules for future phases of the development, consistent with the affordable housing plan; and 9. Any other information that is reasonably necessary to evaluate the compliance of the affordable housing plan with the requirements of this article. D. Pricing and delivery schedules in affordable housing plans. The affordable homes pricing and delivery schedule shall be in the form of a chart that contains the numbers of required affordable homes by bedroom count and affordable home category, and shall indicate the current affordable home prices as calculated by the city. E. Approval of affordable housing plan. The affordable housing plan will be reviewed as part of the initial application approval process for the type of development proposed. A condition shall be attached to the approval of any subdivision plat or site plan to require recordation of the affordable housing plan or other separate agreement obligating the developer to meet the requirements of this article. Sec. 38.380.110. - Marketing, sales and occupancy of affordable homes. Developers subject to this article shall market and sell affordable homes in accordance with provisions described in the city’s published instructions for preparing affordable housing plans. These provisions will address factors such as waiting list management, marketing materials, responsibilities for marketing affordable homes, actions to be taken in the event of inability to identify qualified buyers, procedures for certification of buyer eligibility, purchase contracts, and full disclosures to buyers of their obligations and rights under this article. If after 120 calendar days of marketing efforts on the part of the developer of an affordable home in compliance with the city’s published instructions the developer has not executed a purchase contract with a qualified buyer, the developer may enter into a purchase contract with a BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 304 December 20, 2017 UDC update 7-28-2017 draft buyer at a sales price that shall not be subject to the maximum sales prices established pursuant to 38.43380.070. In such a case, upon closing of the sale the developer must pay the city the difference between the sales price and the price of the affordable home as set out in the approved affordable housing plan in accordance with 38.4380.180.B. Sec. 38.380.120. - Recording requirements upon sale of affordable home. The developer, or the city or its agent if the city is involved in the sale of an affordable home shall cause to be recorded in the offices of the Gallatin County Clerk and Recorder, simultaneously with the recording of the deed of conveyance, a restrictive covenant, deed of trust or other legal instrument, approved as to form by the Bozeman City Attorney that fulfills the resale and recapture requirements described in section 38.4380.160. Part 4: Incentives Sec. 38.380.130. - Incentives available for affordable housing. Developers may apply for incentives in conjunction with a development application by submitting an affordable housing plan pursuant to section 38.4380.100. Incentives Description Lower- priced homes Moderate- priced homes 70% AMI 80% AMI 90% AMI Impact fee subsidy Full or partial subsidization of impact fees, paid from municipal funds if such funds are available; such subsidization must be secured with a lien instrument due upon sale, transfer or non-rate/term refinance of the home. X X Down payment assistance Subject to the availability of funds, the city will provide on a first-come first- served basis, down payment assistance not to exceed $10,000 per home benefiting households. Down-payment assistance will only be provided directly to the qualifying homebuyer. This assistance shall be secured with a lien instrument due upon sale, transfer or non-rate/term refinance of the home. X X Waiver of subdivision pre-application Waive pre-application for subdivision when 10% of units are designated for lower price homes. X X Reduction of parkland1 Allow a 1:1 square foot reduction in the amount of parkland dedication required per square foot of lot size for lower homes. If a developer provides more than the required number of lower priced homes, the lot area square footage of the additional lower priced homes shall not further reduce the required parkland dedication. X Reduced minimum lot sizes Per the provisions in this chapter, affordable homes may utilize reduced setback requirements and reduced sized lots. The reduction in lot size shall be allowed to create an increase in maximum unit density beyond the maximum currently allowed in a given zoning district. X X X Concurrent infrastructure housing construction Concurrent construction of infrastructure and housing development at the installation of gravel-base roads, provided the developer has provided assurance through a performance bond, letter of credit or other financial X X BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 305 December 20, 2017 UDC update 7-28-2017 draft security acceptable to the City Attorney ensuring the completion of infrastructure. Expedited review for affordable housing 1+1 Detached homes and attached homes in groups of less than 6 units will receive expedited (3 business day) building permit review for affordable housing. For each building permit for an affordable home, a market rate unit will receive the same expedited review. X X X Reduced parking requirements Reduced parking requirement of two spaces per three-bedroom dwelling. X X 1 This incentive is available only until the city has approved affordable housing plan(s) that include the number of lower- priced homes at 70% AMI as established by commission resolution. In addition, a developer seeking to use this incentive may only do so if the affordable homes at 70% AMI constitute no more than 10% of the total units in a development or the unit is to be constructed on a single lot wherein the parkland dedication requirement has not previously been provided. Part 5: Alternative Means of Compliance Sec. 38.380.140. - Alternative means of compliance; payments of fees-in-lieu. A. Alternatives to building lower-priced homes. The city may authorize a developer otherwise required to provide affordable homes within a development to provide an alternative means of compliance of equal value to the affordable homes otherwise required to be constructed pursuant to this article. B. Allowable alternative means of compliance. If approved by the city, a developer may satisfy the affordable housing requirements of this article by providing (i) a cash or in-kind payment in lieu or (ii) a donation of land. 1. Payment of cash in lieu. Payment shall be made to the city of a payment of cash-in-lieu per a fee schedule adopted annually by the city commission. For each required affordable home not built, the cash-in-lieu amount will be the difference between the sales price of a lower-priced home according to the then-current schedule of affordable home prices and the sales price of a market-rate home. The sale price for the market-rate home will be based on a median sale price of dwellings of a similar type, location and square footage for the prior two years. Cash-in-lieu payments shall be paid prior to issuance of a certificate of occupancy for any dwelling or building in the development subject to this article. 2. Donation of land. Credits for donation of house lots or multi-family parcels. The city may accept donations to a city-designated community housing nonprofit entity of: (a) ready-to-build house lots; or (b) parcels of land suitable for construction of affordable multifamily housing. Restrictions on the donated lots or parcels will run with the land. Such donations, if approved, will provide credits against this article’s requirements for building lower-priced homes. The credits will be determined as follows: a. House lots. The value of the lot or lots, as determined by a professional appraisal paid for by the developer, will be divided by the city’s then-current average of cash-in-lieu payments for homes of different sizes. The product of that division to two decimal points will constitute the credit against the otherwise required number of lower-priced homes. b. Parcels of land. The city shall periodically adopt a valuation for donation of parcels of land intended for multifamily development, for purposes of determining credits against the number of affordable homes that would otherwise be required in a development subject to this article. The parcel of land must be zoned for the development of multi-family housing, such as R-3, R-4 and REMU. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 306 December 20, 2017 UDC update 7-28-2017 draft C. Timing of delivery of alternative means of compliance. 1. Timing of providing in-lieu contributions. In-lieu contributions when permitted shall be due and deliverable to the city before the recordation of the affordable housing plan. A developer may propose an alternative to this requirement in which staged contributions are made upon the predicted occurrence of certain events, such as the sale of lots, which alternative may be approved at the sole discretion of the city. 2. Staged delivery of in-lieu contributions. In the case of staged delivery of in-lieu contributions, when permitted, the city’s determination of the value of each contribution shall take into account the differential financial value of payments that are made later than recordation of the affordable housing plan using conventional methods of discounting future cash flows to present value. Part 6: Buyer Qualification and Subsidy Recapture Sec. 38.380.150. - Qualification of buyers of affordable homes. A. Lower-priced homes. To qualify for purchase of a lower-priced home, a buyer must meet the following criteria: 1. A household income in the 65%-80% AMI range, as verified and certified by the city; such certification must have been provided no more than one year prior to the closing date of the purchase. Income verification will be performed using HUD’s online income certification tool or a similar method that meets Code of Federal Regulations (CFR) 24 part 5, as amended, which adjusts gross incomes based on extraordinary expenses and imputation of assets to income. 2. Maximum liquid assets of $25,000 at the time of income certification. Exceptions may be granted by the Director of community development based on extraordinary circumstances. 3. The household occupying the lower-priced home must meet the definition of “Household” in 38.42.1420. 4. The buyer must meet one of the following definitions of “First-Time Homebuyer”: a. An individual who has had no ownership interest in a principal residence during the 3-year period ending with the date of purchase; or b. A single parent whose only prior home was owned with a former spouse while married; or c. An individual who is a displaced homemaker and has only owned with a spouse; or d. An individual who has only owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations; or e. An individual who has only owned a property that was not in compliance with state, local or model building codes and which cannot be brought into compliance for less than the cost of construction a permanent structure. 5. The buyer must contribute at least $1,000 towards the purchase of the home unless waived in writing by the city because of extraordinary circumstances, such as death of primary or secondary income earner or qualification as displaced homemaker. 6. The buyer must utilize conventional or government-insured fixed-rate first-mortgage financing with a term of 15 to 30 years. 7. The household in a lower-priced home must occupy the home as its primary residence. Lower- priced homes may not be rented to another party, since the intent of the program is to provide these homes only for income-qualified owner occupants, with the exception of rentals for a BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 307 December 20, 2017 UDC update 7-28-2017 draft limited period of time necessitated by a family hardship or a temporary move for one year or less, if approved in advance by the city. B. Moderate-priced homes. To purchase a moderate-priced home, a buyer must occupy the home as a primary residence. The developer must provide evidence satisfactory to the city verifying the initial owner will use the home as their primary residence at time of sale. Sec. 38.380.160. - Subsidy recapture for lower-priced homes. To ensure that the community investment in affordable housing is perpetuated and that beneficiaries of affordable housing programs do not receive a windfall financial benefit, the city requires repayment of subsidies as follows: A. Requirement for repayment of cash subsidy. The buyer of a lower-priced home that received cash support in the form of funds from the Affordable Housing Fund or other funding through the city, including but not limited to down payment assistance, impact fee payment, or other funding shall be required to repay the subsidy, at 0 percent interest, when the dwelling or property is sold, transferred, refinanced with equity converted to cash out or when the initial buyer who qualified for the subsidy has failed to abide by the requirements of this article. The subsidy will be recorded as a lien against the property at the Gallatin County Clerk and Recorders office. B. Requirement for repayment of non-cash subsidy. Because most or all lower-priced homes will be sold at a discount from market value, defined as the difference between the appraised value and the maximum allowed price of a lower-priced home at the time of the initial sale to a qualified buyer, the city commission finds that it gives a subsidy with cash value to the initial buyer which may be recaptured under certain circumstances. Therefore, upon resale or transfer of a lower-priced home, the city aims to further its housing affordability goals by recapturing the principal amount of the subsidy by use of a lien in favor of the city in that amount, which will be due and payable to the city, at 0 percent interest, when the home is sold or transferred or when the initial buyer who qualified for the affordable home has failed to abide by the terms of this article. The appraisal used to calculate the amount of subsidy may be the appraisal obtained by the buyer’s mortgage lender or, if that is not available, a professional appraisal provided by the purchaser. C. Use of repayments to the city. The city shall only use repayments of the lien amounts to fund: 1. Down payment assistance for buyers of new or existing homes in Bozeman with household incomes at or below 80 percent of AMI; 2. Affordable rental opportunities for residents of Bozeman with incomes at or below 60 percent of AMI; or 3. Any other use approved by the city commission that increases affordable homeownership opportunities for residents of Bozeman with income at or below 80 percent of AMI. Part 7: Administration & Enforcement Sec. 38.380.170. - Administration. A. Director of community development authority. The director of community development or an agent designated by the city commission shall have authority to promulgate and enforce all reasonable rules and regulations and take all actions necessary to the effective operation and enforcement of this article, unless such authority is expressly reserved to the city commission or another city official, including but not limited to: 1. Reviewing a developers’ affordable housing plan for compliance with this article; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 308 December 20, 2017 UDC update 7-28-2017 draft 2. Adopting all forms and prescribing the information to be given therein; 3. Monitoring developers’ compliance with this article, notifying the developer of noncompliance, and ordering compliance; 4. Imposing any and all sanctions permitted by this article; and 5. Calculating the annual pricing targets for affordable homes and causing a sales price schedule to be published. The Director of community development may make de minimis exceptions to the factors considered in calculating the price targets. B. Administrative manual. The city will publish administrative rules and instructions approved by the city commission, including but not limited to instructions for completing the affordable housing plan, valuations required by this article, and the distribution of the required number of affordable homes between the two affordable home categories and required number of bedrooms. Such distribution by affordable home category shall be based primarily upon an assessment by the city of housing needs among the income groups corresponding to each affordable home category, but shall take into account the economic impact on developments subject to the requirements of this article. C. Verification of sales prices and income certification prior to closing. The City Manager may create standards for documentation the city will use to verify the sale price of a home created pursuant to this article. For the initial sale of an affordable home, the seller must provide the city with a copy of the HUD-1 form prepared by an attorney or title company indicating the sales price. The final sales price on the HUD-1 form may not exceed the maximum price for a specific affordable home as described in the current price schedule pursuant to section 38.380.070 plus an allowed maximum of $3,000 in buyer selected upgrades, if allowed by the first mortgage lender underwriters. In addition, the city shall require certification satisfactory to the city of homebuyer income qualification. D. Monitoring completed sales. Upon receipt of a settlement statement for an affordable home, the city will determine if the completed affordable home sale complies with the approved affordable housing plan and the requirements of this article, and if not, respond to the non-compliance as provided in section 38.380.180. Sec. 38.380.180. - Noncompliance; sanctions. A. Discovery of noncompliance. If the city determines a developer subject to an affordable housing plan has failed to comply with any terms or conditions of the affordable housing plan or this article, the Director of community development or authorized agent shall notify the developer of the noncompliance in writing and order compliance by the most reasonable and expeditious means as determined by the city. Notification shall describe a date certain by which the developer must be in full compliance (which may not be less than one week or more than one year from the date of the notice), and shall describe: (i) the exact nature of the noncompliance; and (ii) the possible sanctions for noncompliance with this notification. B. Cancellation of incentives provided. If a developer sells a home for a price not in compliance with the approved affordable housing plan or any other recorded documentation obligating developer to comply with this article, the developer must, prior to the release by the city of the dwelling from the affordable housing plan or binding agreement, pay the city the difference between the sale price and the price of the affordable home as set out in the approved affordable housing plan. C. Sanctions for noncompliance. In addition to other remedies available to the city pursuant to this article, if on a date certain by which compliance has been ordered by the Director of community development or authorized agent, the developer remains in noncompliance, the Director of community development or authorized agent shall notify the City Attorney of the noncompliance and request that sanctions be imposed. The city shall have the authority to impose one or more BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 309 December 20, 2017 UDC update 7-28-2017 draft sanctions including but not limited to the following which the city deems most effective and appropriate considering the nature of the noncompliance: 1. Withholding or revoking building permits, 2. Issuing stop-work orders, and/or 3. Withholding certificates of occupancy. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 310 December 20, 2017 UDC update 7-28-2017 draft ARTICLE 4. COMMUNITY DESIGN Contents Division 38.400 Transportation Facilities & Access Division 38.410 Community Design & Elements Division 38.420 Park & Recreation Requirements Division 38.430 Planned Unit Developments 38.400 Transportation Facilities & Access (Article 24) Sec. 38.400.010. - Streets, general. (38.24.010) A. All streets must be provided in accordancecomply with the adopted growth policy and/or transportation plan. The arrangement, type, extent, width, grade and location of all streets must be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed uses of the land to be served by such streets. The design standards contained in these regulations must apply to all construction, reconstruction and paving of streets. Review authority for exceptions or modifications to this section is specified in division 38.220. 1. Relation to undeveloped areas. When a proposed development adjoins undeveloped land, and access to the undeveloped land would reasonably pass through the new development, streets and alleys within the proposed development must be arranged to allow the suitable development of the adjoining undeveloped land. Streets and alleys within the proposed development must be constructed to the boundary lines of the tract to be developed, unless prevented by topography or other physical conditions. If the development being reviewed is a subdivision, a request for an alteration of this standard must be processed as a subdivision variance. If the development being reviewed is not a subdivision, a request for an alteration of this standard must be reviewed against the criteria of section 38.250.0870.B, but does will not alter the review authority who would otherwise decide upon the application. 2. Relation to developed areas. The developer must arrange the streets and alleys to provide for the continuation of streets and alleys between adjacent developed properties when such continuation is necessary for the convenient movement of traffic, effective provision of emergency services and efficient provision of utilities. 3. Separation of through and local traffic. Where a development abuts or contains an existing or proposed arterial or collector street, the developer may be required to provide frontage roads, reverse frontage with a reservation prohibiting access along the rear property line, screen planting, or such other treatment as may be necessary for protection of residential properties and to afford separation of through and local traffic. 4. Distance between parallel rights-of-way. Where a development borders on or contains a railroad, limited access highway, canal, ditch or stream right-of-way, the developer may be required to provide a street approximately parallel to and on each side of such right-of-way at a distance suitable to allow for the appropriate use of the intervening land. Such distances must also be determined with due regard formust also comply with the requirements of approach grades and future grade separation. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 311 December 20, 2017 UDC update 7-28-2017 draft 5. Dead-end streets and alleys. Dead-end streets must comply with city design specifications and standards, and with any city-adopted International Fire Code. No dead-end streets longer than 150 feet must shall beare permitted without an approved turn- around. Where streets terminate, the developer must provide a cul-de-sac at the terminus. Where it is planned that a dead-end street will be extended in the future, a temporary cul-de-sac must be provided. All approved turnarounds must be signed as no parking. a. "T" turnarounds, in-lieu of a temporary culs-de-sac, must be specifically approved by the review authority. "T" turnarounds must include two straight backup lengths of 45 feet each to accommodate city fire trucks. All other design requirements must beare established by the review authority. 6. Local streets. Local streets must be laid out to discourage speeding. 7. Half streets. Half streets are prohibited except when they are essential to the development, are beneficial to the city, or when the review authority is satisfied that the half of the street will be dedicated to the public when after the adjoining property is developed. Half streets must be approved by the review authority, and when adjacent to unannexed land, the county road office. When an existing half street is adjacent to a tract to be developed, the undeveloped half of the street must be provided with the new development. 8. Second or emergency access. To facilitate traffic movement, the provision of emergency services and the placement of utility easements, all developments must be provided with a second means of access. If, in the judgment of the development review committee (DRC), a second dedicated right-of-way cannot be provided for reasons of topography or other physical conditions, the developer must provide an emergency access, built to the standards detailed in these regulations. a. This provision may be waived or conditionally waived by the DRC. 9. Culs-de-sac. Culs-de-sac are generally prohibited. The review authority may consider and approve the installation of a cul-de-sac only when necessary due to topography, the presence of critical lands, access control, adjacency to parks or open space, or similar site constraints. Pedestrian walks must be installed at the end of culs-de-sac where deemed appropriate. 10. Bridges and culverts. Culverts or bridges must be provided and installed by the developer where drainage channels intersect any street right-of-way. a. Bridges. Bridges must be built to state department of transportation H-20 load standards, and must be reviewed and approved by the county road office and the city engineering department. b. Culverts. All culverts must, at a minimum, extend across the entire improved width of the street cross section. When culverts are determined necessary by the city engineering department, tThe size and length of the culvert and the amount of backfill over the culvert must be determined by a registered professional engineer, when determined necessary by the city engineering department. (1) Each culvert or other drainage facility must be large enough to accommodate potential runoff from upstream drainage areas. The minimum capacity of a culvert must be equivalent to a circular diameter of 15 inches. 11. Encroachment permits. The person or entity undertaking the development must be required to obtain encroachment permits for all access to state highways. 12. Traffic control devices. Street signs and other traffic control devices must be installed at all intersections and any other location required by the city. The location, size, shape and height of BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 312 December 20, 2017 UDC update 7-28-2017 draft all traffic control devices must comply with city requirements, and must conform with the Manual of Uniform Traffic Control Devices (MUTCD) and the city modifications to state public works standard specifications. 13. Sight distances. The alignment of all streets must provide adequate sight distances based on design operating speeds. Sec. 38.400.020. - Street and road dedication. (38.24.020) A. General. All streets or alleys within, or providing access to, the proposed development must be dedicated to the public, be private streets to be owned and maintained by an approved property owners’ association, or, if the criteria of this section are met, be a public street easement. 1. Public street easements. Public street easements must: a. Be approved by the city attorney's office; b. Be recorded in the county clerk and recorder's office; and c. Clearly grant to the public an unrestricted right of ingress and egress from a public street to the property to be subdivided. 2. Private streets. a. Private streets may be required to have a public access easement if deemed necessary by the city. b. If a private street is proposed, the project must be reviewed as a planned unit development. However, development proposals containing private streets must beare exempt from the PUD review requirement if: (1) A local private street is proposed and the street would comply with the city standard right-of-way requirement of 60 feet, and the standard back-of-curb to back-of-curb width of 31, 33 or 35 feet; or (2) A local private street is proposed and the street would comply with the city standard right-of-way requirement of 60 feet. The back-of-curb to back-of-curb width could may vary from city standards, provided that: (a) A permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future private street maintenance; and (b) The developer signs a waiver of right to protest the creation of SIDs, or other perpetual legal instrument, acknowledging that the city will not assume dedication and/or maintenance of the streets unless the street is brought up to city standards, or the property owners’ have agreed to an assessment to fund improvements required to bring the street up to city standards. The developer must record the waiver, or other legal instrument, at the time of final plat recordation, or prior to issuance of building permits if no final plat recordation is required. c. Documented proof of adequate maintenance funding and scheduling, for maintenance of all private streets, must be provided, subject to section 38.220.200. Sec. 38.400.030. - Intersections. (38.24.030) A. The following requirements apply to street intersections: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 313 December 20, 2017 UDC update 7-28-2017 draft 1. Streets must intersect at 90-degree angles except when topography prohibits this alignment. In no case must may the angle of an intersection be less than 60 degrees to the centerline of the street or road being intersected; 2. Two streets meeting a third street from opposite sides must be offset at least 125 feet for local roads and 300 feet for arterials or collectors. Distances must be measured from the inside edge of the access, extended at its intersection with the projected curb line of the intersecting street, to the right-of-way line, along the street frontage right-of-way line. See Figure 38.400.030; 3. No more than two streets may intersect at one point; 4. Intersections of local streets with major arterials or highways must be subject tocomply with section 38.400.090; 5. Intersections must be designed to provide adequate visibility for traffic safety based on the designed designated operating speeds of the intersecting roadways; 6. Hilltop intersections are prohibited, unless no alternatives exist. Intersections on local streets within 100 feet of a hilltop are prohibited. Intersections on arterial and collector streets within 200 feet of a hilltop are prohibited. If no alternatives to a hilltop intersection exist, additional traffic control devices must beare required; 7. The grade of approaches to major highways must may not exceed five percent; and 8. Any street which intersects a paved minor collector or greater street must be paved for at least 75 feet from the existing edge of pavement. Figure 38.400.030 Intersections. Sec. 38.400.040. - Street names. (38.24.040) A. The following requirements apply to street names: 1. New streets aligned with existing streets must have the same name as the existing streets. 2. All street names must be approved by the county geographic information systems and city engineering department prior to final plat or plan approval in order to avoid duplication and confusion with names of existing streets and roads. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 314 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.400.050. - Street and road right-of-way width and construction standards. (38.24.050) A. All streets and roads providing access to, and within, the proposed development must meet the following standards: 1. Right-of-way width and construction standards contained in this chapter:, the most recently adopted long range transportation plan, ; the City of Bozeman Design Standards and Specifications Policy, ; and the City of Bozeman Modifications to Montana Public Works Standard Specifications must apply. . 2. Access streets and roads which are not on the city's or county's road maintenance system must be dedicated to the public or must have a public easement which meets the criteria of this division 38.400. Sec. 38.400.060. - Street improvement standards. (38.24.060) A. All street improvements must be designed by and constructed under the supervision of a professional civil engineer, registered in the state, and must meet or exceed the right-of-way and construction standards adopted by the city (including but not limited to an adopted transportation plan or specifications manual) and required for the type of street to be constructed. B. Plans and specifications for all public or private streets (including but not limited to curb, gutter, storm drainage, street lighting and sidewalks), must be provided to and approved by the review authority. The developer must provide professional engineering services for construction inspection, post-construction certifications and preparation of Mylar record drawings. The plans and specifications must be approved and a preconstruction conference must be conducted before any construction is initiated on the street improvements. 1. Surfacing. A pavement design report, based upon specific site soil data and design-year traffic loading conditions, prepared by a professional engineer, or other qualified professional approved by the review authority, must be submitted to the review authority for approval prior to plan and specification submittal if using the self-certification process, or with the plans and specifications if using the standard process. Pavement design must be in accordance with the city design standards and specifications policy and the city modifications to state public works standard specifications. 2. Alleys. In subdivisions where alleys are proposed, a 20-foot-wide right-of-way must be provided. The driving surface of the alley must be 16 feet wide and must be improved with gravel. a. Subdividers may elect to pave subdivision alleys provided that adequate stormwater facilities are available. b. Alleys must be designed and constructed in accordance with the city design standards and specifications policy and the city modifications to state public works standard specifications, and subject to approval by the city engineer. c. Alleys used for backing under section 38.540.020.D must be designed to provide the required aisle width. 3. Traffic progression. Traffic progression will beis of paramount importance. Consequently, all potential intersections with signals will must be placed on quarter-mile points unless otherwise approved by the review authority. 4. Level of service standards. All arterial and collector streets and intersections with arterial and collector streets must operate at a minimum level of service "C" unless specifically exempted by this section. The city determines lLevel of service (LOS) values must be determined by using the methods defined by the most recent edition of the Highway Capacity Manual. A The review BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 315 December 20, 2017 UDC update 7-28-2017 draft authority may approve a development must be approved only if the LOS requirements are met in the design year, which must be a minimum of 15 years following the development application review or construction of mitigation measures if mitigation measures are required to maintain LOS. Intersections must have a minimum acceptable LOS of "C" for the intersection as a whole. a. Exception: If an intersection within the area required to be studied by section 38.220.060.A.12 does not meet LOS "C" and the intersection has been fully constructed to its maximum lane and turning movement capacity, then an LOS of less than "C" is acceptable. b. Exception: The review authority may grant a waiver from an LOS of less than "C" at a specific intersection if the review authority determines: (1) Ggranting of a waiver from the level of service for the intersection would not be contrary to public health and safety and is in the public interest; (2) Iimprovements to the intersection to raise the overall level of service to a “C” or better are currently scheduled for commencement of construction within three (3) years as shown on the most recently adopted Transportation Capital Improvement Plan; (3) Aall rights- of- way necessary for the required intersection improvements have been obtained by the city or by the Montana Department of Transportation; and (4) Tthe commission has approved a financing plan for the intersection improvements. A waiver granted under this subsection is valid for the initial entitlement period of the project and applies only to the real property for which the waiver is granted. A request for the extension of the initial development approval relying upon an intersection level of service waiver is a material modification to the application per 38.100.070. c. If the review authority does not grant a waiver from the level of service standard under 38.400.060.this subsection B.4, a subdivider or other site developer may request a variance from the requirements of this section. If a variance is granted from the requirements of this section, the variance applies only to the specific development proposal for which it was granted and must not be considered evidence for any other development proposal. Sec. 38.400.070. - Street lighting. (38.24.070) A. Standards. For street lighting standards, please refer tosee division 38.570. B. Timing. For the timing of street lighting improvements, please refer tosee section 38.270.030.B.3. Sec. 38.400.080. - Sidewalks. (38.24.080) A. General. City standard sidewalks (including a concrete sidewalk section through all private drive approaches) must be constructed in all developments on all public and private street frontages, except for alleys. The requirements of the city design standards and specifications policy and the city modifications to state public works standard specifications and per the block frontage standards of division 38.510 must apply. B. Sidewalks adjacent to public lands. The developer must install sidewalks adjacent to public lands, including, but not limited to, parks, open space, and the intersection of alleys and streets or street easements. Applicable sidewalks and development frontages adjacent to public lands are subject to the provisions of section 38.510.030.I. C. Timing. The following requirements regarding the timing of the installation of sidewalks must apply: 1. For subdivision improvements, please refer to section 38.270.030.B.2. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 316 December 20, 2017 UDC update 7-28-2017 draft 2. For site development improvements, sidewalks must be installed prior to issuance of an occupancy permit, or must be subject to an approved improvements agreement and financially guaranteed, as specified in division 38.270 of this chapter. Sec. 38.400.090. - Access. (38.24.090) A. General. All final site plans and plats must contain a statement requiring lot accesses to be built to the standard contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications. 1. Lot access standards. The drive approach must be constructed in accordance with the city's standard approach, which includes a concrete apron, sidewalk section and drop-curb. a. A city curb cut and sidewalk permit must be obtained from the engineering department prior to installation of the approach. 2. Access must comply with any city-adopted International Fire Code. B. Drive access from improved public street, approved private street or alley required. 1. For purposes of this Code, "improved" public street, approved private street, or alley means and includes: a. Any street or alley within the city constructed to a standard which meets or exceeds standards established by this chapter, the city design standards and specifications policy, and the city modifications to state public works standard specifications; b. Constructed public streets which may not meet current city standards but which are constructed to a standard that has historically provided an adequate level of service to adjacent properties, which level of service would not be degraded as a result of a pending development proposal. 2. Unless otherwise allowed by this chapter, all lots must be provided with legal and physical access via one of the following options: a. 25 feet of frontage on a public or approved private street; b. 25 feet of frontage on a public or approved private street and an improved alley; or c. 25 feet of frontage on an improved alley and a greenway corridor or trail corridor with public access. This option may require additional improvements to the alley to accommodate emergency access, snow removal and storage, and the provision of utilities. The alley may also require signage for the provision of emergency services. C. Drive access requirements. 1. Drive accesses are required for commercial parking lots and parking lots for residential developments subject to the site plan review procedures of division 38.230 of this chapter. 2. Parking areas for residential developments subject to the sketch plan review procedures of section 38.230.050, may take access directly from an improved public street, approved private street or improved alley as defined in subsection B.1 of this section with access provided according to the provisions of this section and section 38.540.020.D. 32. All drive accesses installed, altered, changed, replaced or extended must comply with the following requirements: a. Residential. (1) Residential lots must not have direct access to arterials or collectors, unless the standards contained in Table 38.400.090-13 are complied with; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 317 December 20, 2017 UDC update 7-28-2017 draft (2) Residential drive access standards apply to all residential development with drive access facing a street, except apartment buildings.Single-household drive access openings must not exceed 20 feet in width measured at the right-of-way line and 30 feet in width measured at the curb line. For lots less than 50 feet wide, single household drive access openings must not exceed 12 feet at the right-of-way line and 18 feet in width measured at the curb line. All residential complexes for fewer than five households are considered single-household residences for the purpose of this section; (a) Individual residential drive accesses facing the street with a single internal parking bay meeting the standard of table 38.540.020 may not exceed 12 feet in width measured at the right-of-way line and 18 feet in width measured at the curb line. (b) Individual residential drive accesses facing the street with two or more internal parking bays meeting the standard of table 38.540.020 may not exceed 20 feet in width measured at the right-of-way line and 26 feet in width measured at the curb line. (c) Individual and shared drive accesses must be physically separated by means of a landscaped area greater than or equal to ten feet in width between paved areas and extending from the front line of the building to the right-of-way line. (d) Residential complexes with 25 or more dwelling units must meet the commercial access standards in 38.400.090.C.3.b. (3) For residential complexes with two to four household dwelling units that do not have viable alley access, the following drive access openings are permitted: Table 38.400.090.C.3.a.(3) Maximum driveway widths for two to four household dwelling units. Driveway dimensions: The first number refers to the width of access at the right-of-way line. The second number (in parentheses) refers to the width of the access at the curb line. Width of lot <100’ 100-149.9’ 150’ or greater Two individual 12’ drivewaysdrive aisles (22’) or One shared 24’ drive aisleway (34’) Two individual 20’ drivewaysdrive aisles (30’) Two individual 20’ drivewaysdrive aisles (30’) One individual 12’ drive aisleway (22’) AND one shared 24’ drive aisleway (34’) Three individual 12’ drivewaysdrive aisles (22’) Three individual 20’ drivewaysdrive aisles (30’) One individual 12’ drive aisleway (22’) AND one shared 24’ drive aisle way(34’) Two individual 12’ drivewaysdrive aisles (22’) AND one shared 24’ drive aisleway (34’) Four individual 20’ drivewaysdrive aisles (30’) (except if lot is less than 200’ wide, one of the drivewaysdrive aisles shallmust be reduced to 12’ (22’) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 318 December 20, 2017 UDC update 7-28-2017 draft Figure 38.400.090 C.2.a. Residential access (43) For townhouse or rowhouse complexes buildings that do not have viable alley access, the following drive access openings are permitted:Adjoining accesses for townhouses shall not exceed a combined total of 40 20 feet in width measured at the right-of-way line. Townhouses with physical separation between drive accesses shall be reviewed as single-household drive access. For the purposes of this section, physical separation means a landscaped area greater than or equal to ten feet in width between paved areas and extending from the front line of the building to the right-of-way line; and Table 38.400.090.C.3.a.(4). Maximum driveway widths for townhouse or rowhouse dwellings. Driveway dimensions: The first number refers to the width of access at the right-of-way line. The second number (in parentheses) refers to the width of the access at the curb line. Width of townhouse or rowhouse dwellings <30’ 30’ or greater Individual driveway Not allowed* 12’ (22’) Shared (by two dwelling units) Not allowed* 24’ (34’) * Access must be provided by a single access serving all units in the townhouse/rowhouse cluster. Such cluster must be considered commercial (nonresidential) establishments for the purpose of section 38.400.090.C. Individual drivewaysdrive aisles must be physically separated by means of a landscaped area greater than or equal to ten feet in width between paved areas and extending from the front line of the building to the right-of-way line. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 319 December 20, 2017 UDC update 7-28-2017 draft Figure 38.400.090.C3.a.(4). Townhouse/rowhouse development examples. In the left example, front- loaded townhouses with 12’ drive aisles are allowed where units are at least 30’ in width. The right example shows a shared driveway with individualprivate garages placed to the rear of units. (4) Residential complexes with twenty-five (25) or more dwelling units must be considered commercial (nonresidential) establishments for the purpose of section 38.400.090.C, except that separated parking facilities for individual townhouse and rowhouse units must be considered the same as single-household parking facilitiessubject to the provisions in section 38.400.090.C.2.a.(4) above. b. Nonresidential. (1) Commercial drive access widths must be no greater than 35 feet measured at the inside edge of the drive access extended, at its intersection with the projected curbline of the intersecting street. Two-way drive access must be a minimum of 24 feet and one-way drive access must be a minimum of 16 feet. (2) Industrial drive access widths must be no greater than 40 feet measured at the inside edge of the drive access extended, at its intersection with the projected curbline of the intersecting street. Two-way drive accesses must be a minimum of 24 feet and one-way drive accesses must be a minimum of 16 feet. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 320 December 20, 2017 UDC update 7-28-2017 draft Figure 38.400.090 C.2.b. Commercial and industrial accesses. c. Drive accesses for all multiple tenant commercial buildings or complexes/centers, or industrial drive accesses must be set back a minimum of 20 feet from the adjacent property line unless such drive access is approved as a shared drive access. d. Drive accesses to drive-in theaters, stadiums, racetracks, funeral homes or uses generating very heavy periodic traffic conflicts must be located not closer than 200 feet to any pedestrian or vehicular entrance or exit to a school, college, university, church, hospital, public emergency shelter or other place of public assembly. e. All commercial and industrial drive accesses on arterial streets must have 15-foot return radii unless otherwise approved by the review authority. All commercial and industrial drive accesses on other streets may have either return radii or depressed curbs. The minimum radius allowed is four feet. D. Spacing standards for drive accesses. 1. General. a. Consolidation of access points onto public streets, to achieve a distance between access points in excess of the minimum standards in this section, is desired and must be considered during all levels of site plan review. b. For the purposes of this section, public or private access means any street, alley, driveway or other point of vehicular access to a publicly controlled street. c. The distance between public and/or private accesses on a public street must be measured between the right-of-way line for public accesses and the nearest inside edges of private accesses according to the following distances specified in subsections D.2 and 3 of this section. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 321 December 20, 2017 UDC update 7-28-2017 draft d. Subsection D of this section does not apply to single-household, duplex or triplex two, three, or four unit structures on individual lots. Figure 38.400.090 D. Spacing standards for drive accesses 2. Standards for development approved before July 10, 2002. The provisions of this section apply to development proposals which receiving received preliminary approval by the final decision- making body prior to July 10, 2002. a. Distance from intersection. Public or private access distance from street intersections must beare subject to the following minimum dimensions: Table 38.400.090-1 Minimum distance of public or private access from street intersections (feet). Access Located on Arterial Streets Access Located on Collector Streets Access Located on Local Streets Distances from Intersection Distances from Intersection Distances from Intersection Nearest Intersecting Street Residential District Commercial/ Industrial District Residential District Commercial/ Industrial District Residential District Commercial/ Industrial District Arterial 150' 200' 100' 150' 40' 100' Collector 150' 150' 40' 150' 40' 80' BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 322 December 20, 2017 UDC update 7-28-2017 draft Local 100' 150' 40' 100' 40' 80' Note: All distances must be measured from the inside edge of the access, extended at its intersection with the projected curbline of the intersecting street, to the right-of-way line, along the street frontage right-of-way line. See Figure 38.400.030. b. Distance between public and/or private accesses standards. The distance between public and/or private accesses must beis subject to the following minimum dimensions: Table 38.400.090-2 Minimum distance between public and/or private accesses (feet). Access Located on Arterial Streets Access Located on Collector Streets Access Located on Local Streets Minimum Spacing Residential District Commercial/ Industrial District Residential District Commercial/ Industrial District Residential District Commercial/ Industrial District Partial access1 80' 150' 60' 80' 40' 60' Full access2 100' 150' 100' 150' 40' 80' Minimum separation 60' 100' 60' 80' 40' 60 1Partial access includes right turn in and out only. 2 Full access allows all turn movements, in and out. 23. Standards for development approved after July 10, 2002. This section must apply to all development receiving preliminary approval after July 10, 2002. These standards apply to the minimum distance between public and/or private accesses and intersections, and the minimum distance between public and/or private accesses and other public and/or private accesses. Table 38.400.090-13 Minimum distance between public and/or private accesses and intersections and the minimum distance between public and/or private accesses and other public and/or private accesses. Access Located on Arterial Streets Access Located on Collector Streets Access Located on Local Streets Average Spacing In All Districts In All Districts In All Districts Partial access1 315' 150' 40'3 Full access2 660' 330' 40'3 Minimum separation 315' 150' 40' 1Partial access includes right turn in and out only. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 323 December 20, 2017 UDC update 7-28-2017 draft 2 Full access allows all turn movements, in and out. 3Accesses on local streets must be at least 150 feet from an intersection with an arterial. E. Number and location of drive accesses. 1. Single-household uses must beare limited to one drive access per street face, except on properties abutting arterial streets, in which case shared accesses, or drivewaysdrive aisles facilitating the turning of automobiles on-site, must be are required. 2. Notwithstanding any other provisions of this chapter, drive accesses may not be located closer than five feet to any side property line, unless shared access, as defined in section 38.700, with the adjoining property is approved. This standard does not apply to the shared side property line of townhouses units with adjacent garages using attached drivewaysdrive aisles. F. Shared drive access. The city desires and encourages sharing access drives, as defined in section 38.700.170 of this chapter, between separate parcels. G. Access approval required. All drive accesses must may be approved by the review authority for width and location. H. Modifications of property access standards. 1. Some of the standards listed in subsections C through E of this section, may be relaxed by the review authority if it is shown during the development review process that more efficient design can be accomplished without jeopardizing the public's health, safety and welfare, the intent of this chapter, or the intent of the city's growth policy. 2. Modifications from access standards must may be approved at the discretion ofby the review authority. 3. Commercial developments (including residential complexes for five or more households) which may not be able to meet the requirements of subsections C through E of this section, and are requesting modifications from the standards, must submit to the city engineer a report certified by a professional engineer addressing the following site conditions, both present and future: a. Traffic volumes; b. Turning movements; c. Traffic controls; d. Site design; e. Sight distances; and f. Location and alignment of other access points. 4. Based upon the above data, the review authority must will determine whether a modification from the required standards is justified and, if so, what alternative requirements will be necessary. Sec. 38.400.100. - Street vision triangle. (38.24.100) A. Arterial streets. On corner lots on arterial streets in all districts, no fence, wall or planting in excess of 30 inches above the street centerline grade shall beis permitted within a triangular area defined as follows: beginning at the intersection of the projected curblines of the two intersection streets, thence 50 feet along one curbline, thence diagonally to the point 50 feet from the point of beginning on the other curblines, then to the point of beginning. W, except when traffic control signals are installed, in which case the a local street vision triangle shall apply. Nothing in this section prohibits BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 324 December 20, 2017 UDC update 7-28-2017 draft portions of buildings 12 feet or more above grade from encroaching into required vision triangle setbacks. B. Collector and local streets. On corner lots, on collector and local streets, in all districts, no fence, wall or planting in excess of 30 inches above the street centerline grades must shall beis permitted within a triangular area defined as follows: beginning at the intersection of the projected curblines of two intersecting streets, thence 40 feet along one curbline, thence diagonally to a point 40 feet from the point of beginning on the other curbline, then to the point of beginning. C. DrivewaysDrive aisles and alleys. At the intersection of each driveway or alley with a street, no fence, wall or planting in excess of 30 inches above the street centerline grade must shall beis permitted within a triangular area where corners are defined by two points on the right-of-way line, 15 feet on each side of the centerline of the driveway or alley and a point on centerline ten feet outside the right-of-way. Any driveway or alley wider than 30 feet curb to curb at the right-of-way line must use the vision triangle standard for local streets when intersecting local, collector, or arterial streets. D. Provision for trees in street vision triangle. 1. Single-stem canopy trees are discouraged but may be permitted in street vision triangles as described in this section, provided that mature trees do not significantly affect safe driving conditions and are maintained such that no canopy foliage exists below a height of ten feet above centerline of intersecting streets. 2. Trees which are located in the street vision triangle and which preexisted the adoption of the ordinance from which this chapter is derived may be allowed to remain, provided the trees are trimmed such that no limbs or foliage exist below a height of ten feet above centerline grades of intersecting streets. Figure 38.400.100 Street vision triangles Sec. 38.400.110. - Transportation pathways. (38.24.110) A. General. Developers must install pPathways must be installed in accordance with this chapter, the growth policy, the most recently adopted long-range transportation plan, any adopted citywide park BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 325 December 20, 2017 UDC update 7-28-2017 draft plan, and any adopted individual park master plan, and must comply with City of Bozeman Design Specifications. See also sections 38.410.100, 38.420.070 and 38.420.110. B. Pathway categories. The development review committee (DRC) must be responsible for determineing whether a pathway is a transportation pathway or a recreation pathway. For subdivision and planned unit development proposals, this determination must be made during the prea-pplication process. 1. Transportation pathways. Developers must install transportation pathways, to provide adequate multimodal transportation facilities within the development, as part of the required development improvements. Transportation pathways must be Americans with Disabilities Act (ADA) accessible, and include the following types of facilities: a. Sidewalks (also see division 38.510 for sidewalk standards, depending on the applicable block frontage designation); b. On-street bike lanes and bike routes; c. Boulevard trails; and d. Class I trails; (1) With the exception of trail corridors within required watercourse setbacks, corridors for Class I trails must be dedicated to the city. The dedicated trail corridor must be at least 25 feet in width to ensure adequate room for the construction, maintenance and use of the trail. Transportation trail corridors cannot be used to satisfy parkland dedication requirements; and e. Pathways that connect community or neighborhood commercial nodes by a reasonably direct route; or f. Pathways that connect major residential, employment, educational, or other service nodes by a reasonably direct route. 2. Recreation pathways. For the definition of recreation pathways, please see section 38.420.110.B. C. Related facilities. If pathways are proposed or required, stream crossings and other similar improvements, where necessary, must be installed. Bridge design and construction must comply with city specifications and standards, and must be submitted to the community development department for review and approval. Any necessary permits for bridges must be obtained by the developer from the appropriate agency prior to installation of the stream crossings. D. Trail requirements. The class of the trail must be determined by the review authority, and the trail must be designed and constructed according to any adopted park or recreation plan or other city specifications and standards. Trails and bridges must meet Americans with Disabilities Act (ADA) specifications for recreational facilities and maintain a natural appearance. Trail plans and specifications must be submitted to the planning and parks departments for review and approval prior to installation. E. Bikeways and boulevard trails. Wherever new streets are to be developed as a result of a development proposal, or wherever existing streets or roads are required to be improved, the developer may be required to incorporate striped bicycle lanes along the shoulder, meeting current American Association of State Highway and Transportation Officials (AASHTO) standards, into the design and construction or improvement of the streets or roads. The decision to install a boulevard trail instead of a bike lane must be based on the most recently adopted long-range transportation plan. The review authority may consider exceptions based on the particular characteristics of a transportation corridor and recommendations from the DRC and the Bozeman Area Bicycle BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 326 December 20, 2017 UDC update 7-28-2017 draft Advisory Board. Boulevard trails and bike lanes must be designed and constructed in accordance with the most recently adopted long-range transportation plan, and any other applicable city specifications and standards. F. Pathway maintenance. Trails within and adjacent to the proposed development, as well as off-street pathways (i.e., sidewalks and boulevard trails) along external development streets, must be maintained by the developer (including snow removal) in accordance with an approved maintenance plan by the developer until 50 percent of the lots within the development are sold. Thereafter, the property owners' association must be responsible for maintenance. The property owners' association may establish an improvement district to collect assessments to pay for the maintenance. G. Pathway easements. Where pathways cross private land or common open space, the proper public access easements must be provided. Public access easements for pathways must be at least 25 feet wide. The director of public works may accept an alternate easement width when said easement is parallel to a road ROW. H. Trails in required watercourse setbacks. Trail corridors within required watercourse setbacks must not be dedicated to the city, and such land may not be used to satisfy parkland dedication requirements. When publicly accessible trails are established within required watercourse setbacks, public access easements at least 25 feet in width must be provided to ensure adequate room for the construction, maintenance and use of the trail. I. Corridors. Corridors for transportation pathways must may not be used to satisfy parkland dedication requirements. J. Development frontages adjacent to trails are subject to the block frontage provisions of section 38.510.030.I. Sec. 38.400.120. - Public transportation. (38.24.120) A. Street design. All interior and exterior development streets that are designated as transit routes must be designed to accommodate transit vehicles and facilities. Transit cConsiderations for transit street design include but are not limited to: 1. Pavement design; 2. Lane width; 3. Corner radii; 4. Street grade; 5. Curb height; and 6. Right-of-way width. B. Other transit considerations. Developments with designated transit routes must be designed with consideration to the following requirements: 1. Spacing of transit stops. All lots within the development must be not further than one-half mile from a designated transit route; 2. Length of transit stops. Developments must be designed to accommodate a bus length of at least 90 feet on designated transit routes; 3. Distance from intersection. Transit stops must be at least five feet from pedestrian crosswalks or the end of corner radii; 4. Driveway conflicts. Lots and lot accesses must be configured to avoid conflicts with transit stops; and BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 327 December 20, 2017 UDC update 7-28-2017 draft 5. Lighting. Subdivision street lighting must be configured to provide adequate lighting at transit stops. C. Transit facilities. If any streets on the interior or exterior of the development are designated as transit routes, the review authority may require the developer to provide transit facilities such as transit stop signage, benches, bike racks, lighting and bus shelters. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 328 December 20, 2017 UDC update 7-28-2017 draft 38.410 Community Design & Elements (Article 23) Sec. 38.410.010. - General standards. (38.23.010) A. Conformance. The design and development of all land uses must conform to this chapter, adopted growth policies, any relevant adopted neighborhood or subarea plan, and other resolutions and regulations, including any and all amendments thereto. B. Natural environment. The design and development of all land uses must be properly related to topography, and shouldmust, to the extent possible, preserve the natural terrain, natural drainage, existing topsoil, trees and other existing vegetation. C. Lands unsuitable for development. Land which the city has found to be unsuitable for development because of potential hazards such as flooding, land slides, excessive slope, rock falls, subsidence, high water table, presence of wetlands; or because of unreasonable burdens on the general public such as requirements for the excessive expenditure of public funds, environmental degradation, or congestion in the streets or roads must not be used for building or residential purposes unless the hazards or excessive public burdens are eliminated or will be overcome by appropriate design and construction plans. Slopes of 25 percent or greater must beare presumed unbuildable unless provided demonstrated otherwise by the developer. Sec. 38.410.020. - Neighborhood centers. (38.23.020) A. To provide a neighborhood focal point, all residential subdivisions or planned unit developments, that are ten net acres in size or greater, must have a neighborhood center. Developments may be exempted from this requirement if every lot within the development is within one-half mile of an existing neighborhood center. Generally, the center must be no less than one acre in size. The center must be comprised of a park, square, green, plaza, transit stop, neighborhood commercial center, civic use or any combination of these. The following requirements must apply to all neighborhood centers: 1. The geographic center point of the neighborhood center must be no further than 600 feet from the geographic center point of the development. This requirement may be waived in the following circumstances: a. The development would create parcels that are all nonresidential; b. The center is a neighborhood commercial center or is adjacent to a neighborhood commercial center; c. The site is constrained by the presence of critical lands; d. The site is part of an approved subarea plan that shows the center in a different location; or e. The topography of the site presents physical constraints on the property. 2. With the exception of civic and neighborhood commercial center uses, the developer must be responsible for installing all center-related improvements as part of the required development improvements. When a multi-phase project is developed, iImprovements must be installed with each phase when a multi-phase project is developed. .Required improvements must be based on the definition of each feature found in article 7 of this chapter, and/or city standards. 3. The neighborhood center must have frontage along 100 percent of its perimeter on public or private streets or roads. The city may consider and approve the installation of streets along less than 100 percent, but not less than 50 percent, of the perimeter in accordance with section 38.420.060. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 329 December 20, 2017 UDC update 7-28-2017 draft 4. With the exception of civic and neighborhood commercial center buildings and grounds, the center must beis considered a common area to be owned and maintained by the property owners’ or a property owners’ association. The property owners’ association could may establish an improvement district to collect assessments to pay for the maintenance. 5. After receiving a recommendation from the city recreation and parks advisory board, aAreas within neighborhood centers used for park, square, or green and/or square, that meet the following criteria, may count towards parkland dedication requirements (subject to review and approval by the review authority), after receiving a recommendation from the city recreation and parks advisory board: if they meet the following criteria: a. The area is predominantly open space with enhanced natural features, but may contain amenities such as sidewalks, seating, drinking and ornamental fountains and public art; and b. The area provides active and/or passive recreation opportunities. 6. The neighborhood center may be used for limited stormwater retention/detention facilities if reviewed and approved by the review authority. However, any part of the center used for stormwater management must does not count towards park dedication requirements. 7. New neighborhood commercial centers are subject to the community design framework master plan provisions of sections 38.210.130 and 38.510.030.L. Sec. 38.410.030. - Lot. (38.23.030) A. Dimensions and orientation. Lot size, width, shape and orientation must be appropriate for the location and contemplated use of the development. In residential developments, a variety of lot sizes must be provided to facilitate housing diversity and choice, and to meet the projected requirements of people with different housing needs. Lot designs with irregular shapes, narrow necks, points and flag shapes must beare permitted only when the developer can demonstrate that the proposed lot designs are necessary due to topography or other physical constraints on infill. Each lot must contain a satisfactory building site adequate for the uses permitted in its zoning district. Each lot must conform to this chapter, any growth policies, any relevant applicable adopted neighborhood or subarea plan, where officially adopted, and to any applicable regulations of the state department of environmental quality. B. Division by rights-of-way. No single lot must be divided by a public street, alley, or public or private utility right-of-way or easement that, which would reduce the amount of buildable land to less than the minimum lot size required by this chapter for the applicable zoning district. C. Double/through and reverse frontage. Double/through frontage and reverse frontage lots must be avoidedare prohibited except where essential to provide separation of residential development from arterial streets; to provide access to development adjacent to limited access streets; to overcome topography or other physical conditions; or to overcome specific disadvantages of existing design and orientation. Lots fronting on a street and an alley must are not be considered double/through or reverse frontage lots. D. Courtyard access lots. This includes a series of lots clustered around a private internal roadway. Minimum standards: 1. Maximum number of lots served by a courtyard access: Five (this includes lots fronting the street on either side of the courtyard access). 2. Maximum length of a courtyard access: 100 feet (or deeper if approved by the fire marshall). The length may be increased to 150 feet if all structures beyond 100 feet of the street are equipped with automatic fire sprinkler systems. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 330 December 20, 2017 UDC update 7-28-2017 draft 3. Surface width of courtyard access: 15 feet minimum, to provide access for ambulances. Provisions shallmust be made to keep the access clear of snow, vehicles (“no parking” signs), and vegetation. 4. An easement of 20 feet in width shallmust be secured over the applicable parcels to allow lots legal access to the public street. A maintenance agreement shall beis required for all applicable lots and must be recorded on the plat. 5. Buildings accessed from a courtyard access are limited to two-stories in height, due to aerial apparatus access limitations. Figure 38.410.030.D. Examples of courtyard access lots. DE. Corner lots. Corner lots must have sufficient width to permit appropriate building setbacks from both streets and provide acceptable visibility for traffic safety. 1. Generally, hHomes on corner lots must have the same orientation as homes on lots on the interior of the block, unless otherwise approved through an overall development plan. Covenants must contain information regarding the orientation for all corner lots. EF. Width. Lots must have a width sufficient to allow normal construction without the construction encroaching on property lines, and must comply with the building setback requirements of this chapter. G. Depth. Except for individual lots for individual townhomes; lots used to meet the requirements of chapter 38, division 38.380; lots serviced by an alley; or when necessitated by physical features of the land, no lot shall may have an average depth greater than three times its average width. GH. Side lot lines. Side lot lines must be at substantially right angles to street or road lines and radial to curved street or road lines. HI. Frontage. Unless otherwise allowed by this chapter, all lots will must have frontage in compliance with section 38.400.090.B to provide, among other things, adequate room for snow removal, lot access and utility easements. IJ. Civic uses. If lots are reserved or identified for civic uses, these lots must be prominent sites at the termination of street vistas, or in the neighborhood center. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 331 December 20, 2017 UDC update 7-28-2017 draft KJ. Exceptions. Commonly owned lots used designated for accessory uses (i.e., stormwater management, open space, utilities) are exempt from the provisions of this section. L. All tracts except ROW must have an identifying lot number restarting with/ each block. Sec. 38.410.040. - Blocks. (38.23.040) A. Size and orientation. Blocks must be designed to ensure a high level of multimodal connectivity, traffic safety, and ease of traffic control and circulation; to accommodate the special needs of the use contemplated; and to take advantage of the limitations and opportunities of the topography. B. Block length. Block length must not be designed, unless otherwise impractical, to be more than 400 feet in length or less than 300 feet in length. Block lengths can may be longer than 400 feet if necessary due to topography, the presence of critical lands, access control, or adjacency to existing parks or open space. In no case must may a block exceed 1,320 feet in length. C. Block width. Blocks must not be less than 200 feet or more than 400 feet in width, except where essential to provide separation of residential development from a traffic arterial or to overcome specific disadvantages of topography and orientation. D. Rights-of-way for pedestrians. Rights-of-way not less than ten feet wide for pedestrian walks are required where deemed necessary to provide circulation or access to parks, open space, schools, playgrounds, shopping centers, transportation, and other community facilities. In addition, no continuous length of block must may exceed 600 feet without intersecting a street or pedestrian walk. Pedestrian walks must also be installed at the end of culs-de-sac where deemed appropriate. 1. YardSetbacks adjacent to pedestrian rights-of-way less than 30 feet wide shall must be not less than ten feet. be treated as corner side yardsetbacks. YardSetbacks adjacent to pedestrian rights-of-way 30 feet wide or greater must be not less than treated as side yardsetbacks five feet.; 2. The pedestrian walks must be maintained by the adjacent property owner or by the property owners’ association. The party responsible for maintenance of pedestrian walks must be identified in the preliminary plat application; and . 3. Pedestrian walks must be constructed as a city standard sidewalk, and comply with the provisions of section 38.400.080 must apply. E. Developments which have clearly delineated blocks must use block numbers or letters, and; each block must contain its own grouping of lot numbers and must be wholly surrounded by a street, separated by a park, or pathway, not an alley. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 332 December 20, 2017 UDC update 7-28-2017 draft Figure 38.410.040 Blocks. Sec. 38.410.050. - Utilities. (38.23.050) A. Utilities must be placed underground, wherever technically and economically feasible. Underground utilities, if placed in a street right-of-way, must be installed after the street has been brought to grade and before it is surfaced. B. If overhead utility lines are used, they must be located at the rear property line. C. Utility facilities must be designed by utility firms in cooperation with the developer. The facilities are subject to all applicable laws, rules and regulations of the appropriate regulatory authorities. D. The developer must provide adequate and appropriate utility easements in compliance with section 38.410.060. Sec. 38.410.060. - Easements. (38.23.060) A. Required easements. Where determined to be necessary, public and/or private easements must be provided for private and public utilities, drainage, vehicular or pedestrian access, etc. 1. In subdivisions, all easements must be described, dimensioned and shown on the final plat in their true and correct location. 2. In all other developments, the proper easements documents must be prepared for review and approval by the city, and filed at the county clerk and recorder's office. The easement documents must be accompanied by an exhibit indicating the dimensions, and true and correct location, of all easements. 3. No lot must may be encumbered by a public or private utility easement in a way that would decrease the amount of buildable land to less than the area required by this chapter for the applicable zoning district. B. Private utility easements. Private utilities include, but are not limited to, natural gas, electricity, telephone, cable and fiber optic lines. The developer must provide private utility easements BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 333 December 20, 2017 UDC update 7-28-2017 draft necessary to extend private utilities to the development, and to provide for the construction and maintenance of private utilities within the development. 1. General. a. Building setbacks must be coordinated with all provided utility easements. If a utility easement will be greater than the building setback required by this chapter, a note to that effect must be placed on the final plat and/or final site plan as appropriate. b. Where a utility easement is to be located in an existing, dedicated right-of-way, an encroachment permit must be obtained from the local or state street or road department having jurisdiction. c. If placed in a city right-of-way, easements must be in a location required by and agreed upon in writing by all of the appropriate utility companies and the review authority. 2. Easement size. a. Front yardsetback utility easements. Front yardsetback utility easements must be ten feet wide, and must always be provided unless written confirmation is submitted to the community development department from all utility companies providing service indicating that front yardsetback easements are not needed. b. Rear yardsetback utility easements. The provision of rear yardsetback utility easements is not mandatory unless they are required by any or all of the utility companies to adequately serve the development. If provided, rear yardsetback utility easements on each lot must be six feet wide if adjacent to a public alley and ten feet if not adjacent to a public alley. c. Side yardsetback utility easements. The provision of side yardsetback utility easements is not mandatory unless they are required by any or all of the utility companies to adequately serve the development. If provided, the width of the side yardsetback utility easement must be determined on a case-by-case basis based on the needs of the utility companies. 3. Private utility plans. a. When the concurrent construction option will be used, based on the provisions of section 38.270.030.D, private utility plans must be included with the preliminary PUD submittal. b. Private utility plans must be provided with any plans and specifications submittals for the construction of new water, sewer or street infrastructure as specified in the city's design standards and specifications policy. 4. No building must shall be constructed that encroaches on a private utility easement unless written approval from all utility companies is provided to the community development department. C. Public utility easements. Public utilities include water, sewer and stormwater facilities that are dedicated to and maintained by the city. 1. A public utility easement must be granted for all public utility mains not located within public street right-of-way. An easement must be at least 30 feet wide for either one or two utility mains. An additional ten feet of width is required for each additional main that occupies the easement. Wider easements may be required at the discretion of the city for large utility lines. 2. Public utility easements must be provided for all meter pits and fire hydrants maintained by the city. 3. No permanent structures must shall be placed within public utility easements unless an encroachment permit has been obtained from the city. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 334 December 20, 2017 UDC update 7-28-2017 draft D. Easements for agricultural water user facilities. 1. Except as noted in subsection D.2 of this section, the developer must establish appropriate agricultural water user facility easements that: a. Are in locations of appropriate topographic characteristics and sufficient width to allow the physical placement and unobstructed maintenance of active open ditches or below ground pipelines. The easement must facilitate the delivery of water for irrigation to persons and lands legally entitled to the water under an appropriated water right or permit of an irrigation district or other private or public entity formed to provide for the use of the water right; (1) The easements must ensure the conveyance of irrigation water through the land to be developed to lands adjacent to or beyond the development's boundaries in quantities and in a manner that are consistent with historic and legal rights; and (2) A minimum easement width of ten feet is required on each side of irrigation canals and ditches. b. Are a sufficient distance from the centerline of the agricultural water user facility to allow for construction, repair, maintenance and inspection of the ditch or pipeline; and c. Prohibit the placement of structures or the planting of vegetation other than grass within the agricultural water user facility easement without the written permission of the facility owner. 2. The developer need not establish agricultural water user facility easements as provided above if the following provisions were met or will be met via the subdivision or site plan process: a. The average lot size is one acre or less and the developer provides for disclosure, in a manner acceptable to the review authority, that adequately notifies potential buyers of lots that are classified as irrigated land and may continue to be assessed for irrigation water delivery even though the water may not be deliverable; or b. The water rights are removed or the process has been initiated to remove the water rights from the subdivided or developed land. If the water rights have been or will be removed from the land within the development it must be so noted with the preliminary plat or plan submittal. If removal of water rights is not complete upon filing of the final plat or approval of the final site plan, the developer must provide written notification to prospective buyers of the intent to remove the water right and must document that intent, when applicable, in agreements and legal documents for related sales transactions. 3. The realignment or relocation of active irrigation ditches or pipelines is discouraged. If an agricultural water user facility or points of diversions thereon are proposed to be realigned or relocated, the developer's professional engineer must certify, prior to final plat or final plan approval, that the water entering and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility prior to realignment or relocation. 4. Stormwater from a development must not be discharged to an agricultural water user facility without written approval from the owner of the facility and corresponding stormwater conveyance easements. 5. If the developer demonstrates that easements have been extinguished pursuant to state law, or the holder of the easement consents in writing to the extinguishment, or the easement is not required per subsection D.2, the developer may remove ditch laterals from within the subdivision. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 335 December 20, 2017 UDC update 7-28-2017 draft 6. If agricultural water user facility easements are required, a notice must also be recorded with a final plat or prior to final plan approval, stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85-7-2211 and -2212, MCA regarding duties and liability. The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from a final plat but may be referenced on a final plat. E. Other easements. Public access easements for streets and trails must be provided in accordance with the provisions of divisions 38.240 and 420 of this chapter. Sec. 38.410.070. - Municipal water, sanitary sewer and storm sewer systems. (38.23.070) A. General. All municipal water supply, sanitary sewer and storm sewer system facilities must comply with the following requirements: 1. The developer must install complete municipal water and sanitary sewer system facilities, or a system allowed by section 38.350.030.D, and may be required by the city to install municipal storm sewer system facilities. These systems must be installed in accordance with the requirements of the state department of environmental quality and the city, and must conform with any applicable facilities plan. The city's requirements are contained in the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications, and by this reference these standards are incorporated into and made a part of these regulations. The developer must submit plans and specifications for the proposed facilities to the city and to the state department of environmental quality and must obtain their approvals prior to commencing construction of any municipal water, sanitary sewer or storm sewer system facilities. 2. The cutting of any city street must be done in compliance with the city's street cut policy. 3. When a proposed development adjoins undeveloped land, and municipal infrastructure mains would reasonably pass through the new development to the undeveloped land, municipal infrastructure mains must be arranged to allow the suitable development of the adjoining undeveloped land. Municipal infrastructure mains within the proposed development must be constructed to the boundary lines of the tract to be developed, unless prevented by topography or other physical conditions. An exception to this standard may be granted upon written request of the applicant, if the applicant demonstrates during the development review process that more efficient design can be accomplished without jeopardizing the public's health, safety and welfare, the intent of this chapter, or the intent of the city's growth policy. B. Municipal water supply system; additional requirements. Municipal water supply system facilities must also comply with the following requirements: 1. When the city's municipal water main is extended, the length of a dead-end water main typically must may not exceed 500 feet in length, unless approved in writing by the city. 2. The length of service lines from the main to the structure may not exceed 150 feet in length, unless approved in writing by the city. Sec. 38.410.080. - Grading and drainage. (38.23.080) A. The developer must install complete drainage facilities in accordance with the requirements of the state department of environmental quality and the city, and must conform to any applicable facilities plan and the terms of any approved site specific stormwater control plan. The city's requirements BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 336 December 20, 2017 UDC update 7-28-2017 draft are contained in the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specificationsdesign standards and specifications policy and the city modifications to state public works standard specifications, and by this reference these standards are incorporated into and made a part of these regulations. The developer must submit plans and specifications to the city and to the state department of environmental quality (if applicable), and must obtain their approvals prior to commencing construction of any drainage system facilities. B. Provisions must be made for the control and drainage of surface water around buildings. Generally, all lots and street boulevard areas must be graded no lower than the back of curb or level of street, whichever is applicable, prior to final plat or final occupancy approval as appropriate. Exceptions may be granted by the city when adequate drainage facilities are provided. All drainage plans must comply with the requirements of the International Building Code and International Residential Code as adopted by the city, and by this reference these standards are incorporated into and made a part of these regulations. C. Drainage systems must not discharge into any sanitary sewer facility or agricultural water user facility. D. Stormwater retention or detention ponds may be located within public parkland, but such areas must not count towards the parkland dedication requirement. Any stormwater ponds located on parkland must be designed, constructed and/or added to so as to be conducive to the normal use and maintenance of the park. Stormwater ponds serving multiple lots in separate ownership must not be located on private lots or public rights-of-way. Stormwater retention or detention ponds must be maintained by the property owners’ association. E. The city may require the developer to establish easements or other perpetual controls to prevent encroachment or disruption of drainageways or facilities. F. Stormwater facilities generally must not occupy more than one-third of a required front setback. Departures will be considered (per section 38.250.060) for stormwater facilities with Low Impact Development (LID) components, underground components, or exceptional design. G. All finish grades in landscaped areas must comply with the provisions set forth in section 38.550.050.L. H. Stormwater retention/detention facilities in landscaped areas must be designed as landscape amenities. They must be an organic feature with a natural, curvilinear shape. The facilities must have 75 percent of surface area covered with live vegetation appropriate for the depth and design of the retention/detention facility, and be lined with native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to create a functional, yet, natural site feature. A cross section and landscape detail of each facility must be submitted with the final landscape plan for review and approval. Facilities with a slope up to and including ten percent grade may be grassed and irrigated to blend into the adjacent landscaped area. Sec. 38.410.090. - Fire protection requirements. (38.23.090) A. All developments must be planned, designed, constructed and maintained so as to minimize risk of fire and to permit the effective and efficient suppression of fires in order to protect persons and property. 1. The placement of structures must minimize the potential for flame spread and permit adequate access for firefighting equipment; and 2. Adequate firefighting facilities must be provided, including an adequate and accessible water supply and water distribution system. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 337 December 20, 2017 UDC update 7-28-2017 draft a. National Fire Protection Association (NFPA) standards for hydrant systems must be met. b. City's requirements as contained in the design standards and specifications policy and the city modifications to state public works standard specifications must apply. Sec. 38.410.100. - Watercourse setback. (38.23.100) A. Where a development is crossed by or is adjacent to a watercourse, the developer must mitigate the impacts of the development on the watercourse. This mitigation may not be less restrictive than the requirements of the city floodplain regulations or any other applicable regulation of this chapter. The purpose of this mitigation is bank stabilization; sediment, nutrient and pollution removal; and flood control. 1. Setback for developments granted preliminary plan or plat approval prior to July 10, 2002. These provisions must apply to all developments granted preliminary plan or plat approval prior to July 10, 2002, including applicable subdivision exemptions: a. Setbacks. A minimum 100-foot setback must be provided along both sides of the East Gallatin River. A minimum 35-foot setback must be provided along both sides of all other watercourses. (1) A portion of the required setback, immediately adjacent to the ordinary high water mark, must be left in a natural vegetative state as follows: (a) East Gallatin River — 50 feet. (b) Other watercourses — five feet. (2) No fence, residential or commercial structure, fill material, parking or other similar improvements must shall be located within required watercourse setbacks. (3) All watercourse setbacks must be measured from the ordinary high water mark as defined in section 38.700.090. When no ordinary high water mark is discernible, setbacks must be measured from the top of the stream bank. 2. Setbacks for developments granted preliminary plan or plat approval on or after July 10, 2002. These provisions must apply to all developments granted preliminary plat or plan approval on or after July 10, 2002. : a. In the event a site with an existing development, that is subject to subsection 1 of this section, is submitted to the city for a review subject to divisions 38.230, 430 and 270 of this chapter after July 10, 2002, the proposed development must comply with this subsection 2 to the extent reasonably feasible given the existing site conditions. The final approval body for the proposed development must determine the extent that is reasonably feasible, subject to any appeal provisions that may apply. Such administrative relief must not reduce setbacks below those provided for in subsection 1 of this section. It is the intent of this subsection 2 that full compliance with the terms of this subsection 2 must be achieved over time without unduly burdening existing development. b. In addition to any relaxation of watercourse setbacks provided by subsection 2.a of this section, nothing in this section must prohibits an owner of affected property from: (1) Applying for a variance to dimensional standards of the watercourse setbacks as allowed by and subject to the requirements of division 38.250 of this chapter; (2) When applicable, seeking a deviation to dimensional standards of the watercourse setback as allowed by and subject to the requirements of divisions 38.340 or 430 of this chapter; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 338 December 20, 2017 UDC update 7-28-2017 draft (3) Combining two or more lots to assemble a larger and more usable parcel; (4) Petitioning the state department of fish, wildlife and parks and the county water conservation district to seek the reclassification of the relevant watercourse as an irrigation facility not subject to the requirements of this section; (5) After receipt of required permits, relocating the watercourse; or (6) Pursuing any other lawful means of relief from the effects of this section. c. Setbacks. Unless otherwise specified in subsection 2.e of this section, the following setback requirements must be met: (1) East Gallatin River. A minimum 100-foot setback must be provided along both sides of the East Gallatin River. (2) Sourdough/Bozeman Creek and Bridger Creek. A minimum 75-foot setback must be provided along both sides of Sourdough/Bozeman and Bridger Creeks. (3) Other watercourses. A minimum 50-foot setback must be provided along both sides of all other watercourses. (4) All required watercourse setbacks must be extended as necessary to address these additional requirements. (a) The setback must extend to the edge of any delineated 100-year floodplain if the floodplain is larger than the setbacks established in this subsection 2.c; (b) The setback must include immediately adjacent wetlands (i.e., fringe). The buffer width must be extended by the width of the wetland; (c) Areas with a slope greater than 33 percent do not count towards the width of the setback; and (d) The setback must include connected wetlands. The buffer width must be extended by a minimum of 50 feet beyond the perimeter of the connected wetlands. (5) All watercourse setbacks must be measured from the ordinary high water mark as defined in section 38.700.090. When no ordinary high water mark is discernible, setbacks must be measured from the top of the stream bank. d. No newly constructed residential or commercial structure, addition to an existing structure, fence, deck, fill material (other than that required for exempt uses), parking lot or other impervious surfaces, or other similar improvements must shallmay be located within required watercourse setbacks, unless approved through, and in conformance with, a variance or deviation process as authorized in this chapter. e. Exceptions. The watercourse setback is divided into two zones. Zone 1 consists of the 60 percent of the setback closest to the watercourse, and Zone 2 consists of the 40 percent of the setback furthest from the watercourse. (1) On-site stormwater treatment facilities may be located in Zone 2. (2) Trails and trail-related improvements may be placed within the required watercourse setback subject to the following provisions: (a) Trails, and trail-related improvements such as benches and trail signage, may be placed in Zone 2; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 339 December 20, 2017 UDC update 7-28-2017 draft (b) Limited, non-looping developed spur trails to the water's edge may cross all zones. Benches and limited informational/interpretive signage may be placed in Zone 1 at the terminus of spur trails; (c) Due to topography, avoidance of wetlands, or other geographical constraints, portions of non-spur trails may need to be placed within Zone 1. Trail construction within Zone 1, inclusive of watercourse crossings and spur trails, per each side of the watercourse, may not exceed the length of 300 percent of the width of the applicable watercourse setback per 500 lineal feet of watercourse; (d) All trails must be constructed to minimize bank instability, sedimentation, nutrient and pollution runoff. Trails must be aligned to minimize damage to plant and wildlife habitat; and (e) Trails crossing the watercourse and trail-related bridge structures may be located within all zones provided that the appropriate local, state and federal permits are obtained. (3) Streets, sidewalks, utility lines or similar public construction may be permitted within all zones for the purpose of crossing a watercourse or protecting public health and safety. The following practices must be observed: (a) Crossings must be minimized to the greatest extent feasible; (b) Crossings with direct angles (90 degrees) must be used to the greatest extent feasible instead of oblique crossing angles; (c) Construction must be capable of withstanding 100-year flood events; (d) The subdivision grading and drainage plan must be designed to prevent the discharge of untreated stormwater into a watercourse; and (e) A bank stabilization plan for all public construction watercourse crossings must be prepared and approved by the city prior to site preparation and installation of the improvement. (4) Outlets from stormwater treatment facilities may pass through all zones in order to discharge to the receiving watercourse, provided that all required permits are obtained. (5) Control of noxious weeds is required and activities required within limits outlined in any approved noxious weed control plan may occur in all zones. f. Setback planting. A setback planting plan must be prepared by a qualified landscape professional, and must be reviewed and approved by the community development department prior to the commencement of development or site preparation. The plan must include a schedule, and plantings must be depicted on the plan as follows: (1) Zone 1: Zone 1 must be planted with new or existing native materials suited for a riparian area based on the following calculations. One hundred percent of the disturbed areas of Zone 1 must be planted with a ground cover of native riparian sedges, forbs and grasses suited for the area. In addition, a minimum of one shrub for every ten linear feet and one tree for every 30 linear feet of the watercourse must beis required along each side of the watercourse. Grouping or clumping of trees and shrubs as appropriate in a riparian area is encouraged. Species that are appropriate to the soil hydrologic conditions (wetness of soil and depth to the water table) should must be used. Tree and shrub species selected must be suitable for the climate and for planting in a riparian area with an emphasis on native species. The Natural Resources Conservation Service BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 340 December 20, 2017 UDC update 7-28-2017 draft (NRCS), the state native plant society and the county local water quality district (LWQD) are good sources of landscaping materials and/or landscaping information. (2) Zone 2: Disturbed areas of Zone 2 must be planted with new or existing native grasses suited for the area. (3) Maintenance of the watercourse setback landscaping is required. If it can be demonstrated that irrigation is present for the trees and shrubs, and fencing is provided for the trees and shrubs, the number of required trees may be reduced to one tree for every 60 linear feet and one shrub for every 20 linear feet of the watercourse along each side of the watercourse. (4) Planting materials are exempt from the size requirements of section 38.550.050.G.3. (5) To prevent soil erosion and the invasion of noxious weeds, the watercourse setbacks on all land proposed for development must be covered with existing vegetation or must be seeded with native grasses as soon as seasonally feasible or prior to commencement of any site development or site preparation work. (6) Native must mean those plants which are native to the Gallatin Valley. (7) Use native grasses, forbs, sedges and other herbaceous plants in areas of disturbance (e.g., bridges, culverts, utilities installation, trails) within the watercourse setback. Native woody plantings are required in all zones in both disturbed and undisturbed areas. g. Except for as otherwise allowed in subsections 2.e and f of this section, no disturbance of soils and existing vegetation must shall occur in all any zones. 3. Other provisions. a. The watercourse setback must be depicted on all preliminary and final plats and plans. b. These provisions do not apply to agricultural uses, including lands controlled in the conservation reserve program (CRP), and activities, and structures that existed prior to the effective date of the ordinance from which this section is derived. Any agricultural uses, activities or structures established after the effective date of the ordinance from which this section is derived must comply with these regulations. An agricultural use, activity or structure must beis considered abandoned if not used for agricultural purposes for more than 180 consecutive days. Figure 38.410.100-1 100 year floodplain. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 341 December 20, 2017 UDC update 7-28-2017 draft Figure 38.410.100-2 Watercourse setback on a slope. Figure 38.410.100-3 Watercourse Setback. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 342 December 20, 2017 UDC update 7-28-2017 draft Figure 38.410.100-4 Wetlands Sec. 38.410.110. - Ridgelines and viewsheds. (38.23.110) A. For the purpose of having structures blend more naturally into the landscape rather than being a prominent focal point, ridgeline protection areas are established. These areas are defined in article 42division 38.700 of this chapter and are identified and designated based on topographic characteristics. The Bozeman Ridgeline Map identifies areas with a high likelihood of meeting the standards for ridgelines. 1. All buildings located within a ridgeline protection area must be set back from the ridgeline a distance not less than three times its height above grade. The distance of the setback must be measured perpendicular from the ridgeline. a. Exception. In the event a building permit is sought for a lot approved or created prior to January 1, 2004, the proposed development must comply with this section to the extent reasonably feasible given the lot dimensions, orientation, and other characteristics. The final approval body for the proposed development must determine the extent that is reasonably feasible and may relax the special setback required by this section, subject to applicable appeal provisions. Such administrative relief must not reduce setbacks below those required elsewhere in this chapter. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 343 December 20, 2017 UDC update 7-28-2017 draft Figure 38.410.110 Ridgeline protection area Sec. 38.410.120. - Mail delivery. (38.23.120) If mail delivery will not be to each individual lot within the development, the developer must provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. It must not be the responsibility of tThe city to will not be responsible for maintaining or plowing any mail delivery area constructed within a city right-of-way. Sec. 38.410.130. - Water rights. (38.23.180) A. Prior to a final approval of all development reviewed as a site plan, conditional use permit, planned unit development, or subdivision and prior to an annexation of any land, one of the following must occur: 1. Payment must be made to the city of a payment-in-lieu of water rights, calculated based on the annual demand for volume of water the development will require multiplied by the most current annual unit price; or 2. The city may elect to accept a transfer to the city of ownership of water rights if the water rights proposed to be transferred are legally and physically adequate as determined by the city to provide the annual volume of water the development will require. A transfer of ownership of water rights must be in a form and manner suitable for municipal purposes and as approved by the review authority. 3. In addition to but notwithstanding the above, a development may propose the installation of non-potable water systems for irrigation or other approved uses. The installation of a non- potable water system may result in a reduction in the payment required under subsection A.1 or amount of water rights under subsection A.2. To receive credit against the water demand BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 344 December 20, 2017 UDC update 7-28-2017 draft calculation, the development must meet all physical requirements for such systems as established by the city and must comply with all applicable administrative requirements. B. If adequate water rights were transferred or a payment-in-lieu was previously provided to the city for the subject property, evidence of those rights or payment-in-lieu may be offered to demonstrate compliance with this section. If the expected demand for water by the proposed development increases by more than one acre-foot over that for which water rights or payment-in-lieu of water rights were previously provided, additional water rights or payment-in-lieu of water rights pursuant to subsection A equal to the difference between the previously provided water rights or payment- in-lieu and the estimated current demand or payment-in-lieu price must be provided. C. Provision of water rights or payment-in-lieu may be deferred: 1. By phase for phased developments.;= 2. For annexations of vacant land when the annexation is in excess of ten acres. 3. For annexation of parcels of ten acres or less, or for any size parcel if development exists on the area being annexed prior to the annexation and provision of water rights or payment-in-lieu pursuant to subsection A is provided at the time of annexation for the uses present on the site at the time of annexation. Subsequent development is subject to the provisions of subsection A. 4. For additional development beyond one dwelling unit per lot for lots zoned residential within a subdivision if water rights or payment-in-lieu is provided pursuant to subsection A prior to final plat for at least one residential unit on that lot. Additional development requires compliance with the this section. A notice of restriction on future development in a form acceptable to the city must be recorded with the Gallatin County Clerk and Recorder prior to the city granting a waiver under this section. 5. For commercial, industrial and institutional uses, until final site plan approval or the issuance of any building permit, whichever occurs first. D. The city manager must adopt administrative procedures to implement this section. The director of public works must adopt standards for the calculation of demand for water use. The unit cost for payment-in-lieu must be established by commission resolution. The administrative procedures must include but need not be limited to standards governing acceptance of water right transfers, and a means to establish credits against the transfer of excess rights. The standards governing acceptance of water right transfers may enable a deferral of payment-in-lieu, provided that the party obligated for the payment-in-lieu executes a fee deferral agreement and related documents as approved by the city attorney to be recorded at the Gallatin County Clerk and Recorder's office securing the amount due. E. The amount paid for a payment-in-lieu must be calculated using the per unit price in effect on the date the payment-in-lieu of water rights is to be made to the city. The director of public works must make proper distribution to the funds for which such payments are made of all money collected. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 345 December 20, 2017 UDC update 7-28-2017 draft 38.420 Park & Recreation Requirements (Article 27) Sec. 38.420.010. - General. (38.27.010) Except as provided in 38.420.020.B, all subdivisions and residential developments subject to division 38.230 of this chapter, must comply with the provisions of this division 38.420. The purpose of this division 38.420 is to comply with sections 76-2-304 and 76-3-621 MCA; to advance the city's adopted plans for parks, trails and open space; to provide equal protection and treatment for different housing types and review processes with similar impacts on demand for service; to advance public health by encouraging and facilitating physical activity; and to address housing affordability. Sec. 38.420.020. - Park area and open space requirements. (38.27.020) The requirements of this article are based on the community need for parks and the development densities identified in the growth policy and this chapter. A. The area required by this subsection must be provided as a land dedication unless an alternate method of compliance is approved by the review authority. 1. When the net residential density of development is known, 0.03 acre per dwelling unit of land must be provided. a. When the net residential density of development is known at the time of preliminary plat and net residential density is in excess of eight dwellings per acre, the requirement for dedication for that density above eight dwellings per acre must be met with a cash donation in-lieu of the additional land unless specifically determined otherwise by the review authority. b. If net residential density is in excess of eight dwellings per acre, the requirement for dedication for that density above eight dwellings per acre must be met with a cash donation in-lieu. c. When developed as group quarters, such as group living or community residential facilities, rather than individual dwelling units, in lieu of 0.03 acres per dwelling unit, an area of 575 square feet per resident must be provided. d. Land dedication or its equivalent must not be required for any dwelling units or group quarters occupancy in excess of the following: (1) For development within the R-1, R-2, and R-MH zoning districts, the maximum net residential density must be ten dwelling units or 22.5 persons in group quarters per acre. (2) For development within the R-3, R-4, R-5, R-O, and REMU zoning districts, the maximum net residential density must be 12 dwelling units or 27 persons in group quarters per acre. (3) For development within other zoning districts not previously specified and developed for residential uses, the maximum net residential density must be 12 dwelling units or 27 persons in group quarters per acre. 2. If net residential density of development is unknown, 0.03 acres per dwelling unit must be provided as follows: a. For initial subdivision or other development: (1) Within the R-1, R-2, and R-MH zoning districts: an area equal to that required for six dwelling units or 13.5 persons in group quarters per net acre. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 346 December 20, 2017 UDC update 7-28-2017 draft (2) Within the R-3, R-4, R-5, REMU, and unless legally restricted from residential uses the R-O zoning districts: an area equal to that required for eight dwelling units or 13.5 persons in group quarters per net acre. (3) Within other zoning districts which are intended for residential development: the equivalent to an area dedication for six dwelling units or 13.5 persons in group quarters per net acre must be provided as cash-in-lieu. b. For subsequent development when net residential density becomes known, the net residential density per acre above the minimum established above must be rounded to the nearest whole number and applied as shown in the following table. All prior provision of parkland for the project site must count towards the maximum required dedication. Table 38.420.020.A Parkland Dedication Provisions Zoning District Required Dedication per Dwelling Maximum Required Dedication per Acre Cash-in-Lieu Required R-1, R-2, R-MH .03 acres or equivalent 10 dwellings Yes R-3, R-4, R-5, R-O, and REMU .03 acres or equivalent 12 dwellings Yes All other districts .03 acres or equivalent 12 dwellings Yes Required area per person Maximum required dedication per net acre Group quarters 575 square feet or equivalent 27 persons Yes 3. Special case. The city has established chapter 38, division 380, to encourage the provision and development of affordable housing. Reductions in required parkland dedication are established in 38.380.300. The reductions in parkland dedication to conform to division 38.380, may not reduce the development's parkland requirements below the minimum established by MCA 76-3- 621. B. Exceptions. Land dedication or its equivalent cash donation in-lieu of land dedication must not be required for: 1. Land proposed for subdivision into parcels larger than five acres. Development of a parcel larger than five acres may require parkland dedication pursuant to 38.420.020.C. 2. Subdivision into parcels which are all nonresidential. 3. A subdivision in which parcels are not created, except when that subdivision provides permanent multiple spaces for recreational camping vehicles or manufactured homes. 4. A subdivision in which only one additional parcel is being created. Development of the additional parcel may require parkland dedication pursuant to 38.420.020.C. 5. A development for which the required amount of parkland is shown to have already been provided. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 347 December 20, 2017 UDC update 7-28-2017 draft 6. Section 38.420.020.A.2, must does not apply to subsequent site development located within major subdivisions which received preliminary plat approval after July 1, 1973, and which received final plat approval prior to October 1, 2005. 7. Development creating only one additional dwelling unit or increasing occupancy of group quarters by no more than four persons. C. Development of a lot previously exempted from park dedication must be reviewed pursuant to this article. If the lot is no longer exempt from the park dedication requirement the development is subject to 38.420.020.A. D. To ensure coordination when parks are being created by a multiphase development, the entire parkland dedication must be accomplished at the time of the initial phase of the development. If necessary, this may be accomplished through the grant of public access easements on during later phases. E. The following land is unacceptable for parkland dedication: 1. Required watercourse setbacks unless approved by the review authority for incorporation into the design of the larger park area. 2. Stormwater retention or detention ponds, unless approved by the review authority and designed and constructed to the city’s adopted standards for joint park/stormwater control use. The city may accept such land for dedication to the city but must be maintained by the property owners’ association unless and until responsibility is assumed by affirmative action of the city. 3. Land with a grade of 25 percent or greater, unless the city commission makes specific findings in its favor as part of the adoption of a park master plan. 4. Other land such as land slides, rock falls, or subsidence areas, debris deposition areas, environmentally contaminated areas, and land containing deteriorated structures or other public or private nuisances, unless the review authority determines the hazards or excessive public burdens can be eliminated or will be overcome by appropriate design and construction plans. F. When land offered to the city for dedication as parkland to the city exceeds the amount required, the additional usable land may be dedicated to the city in the same manner and subject to the same standards as minimum required areas. H. Public Use. Land donated or dedicated to meet the requirements of this section must be provided for public use. The developer must execute the appropriate public access easements on privately- owned common land. The easements must be held by the city. The city's responsibilities for parkland dedicated by easement must be the same as for fee simple parkland dedication. Sec. 38.420.030. - Cash donation in-lieu of land dedication. (38.27.030) A. The review authority may determine whether the park dedication must be a land dedication, cash donation in-lieu of land dedication or a combination of both. For the purposes of this section construction of park improvements above the minimum improvements required by ordinance may be allowed as a method of cash donation. When making this determination, the review authority must consider the factors established by resolution of the city commission. The approval authority is governed by section 38.200.010. B. When a combination of land dedication and cash donation in-lieu of land dedication is required, the required cash donation may not exceed the proportional amount of the total required mitigation not covered by the land dedication. Nothing in this section prohibits a developer from offering more than the required minimum. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 348 December 20, 2017 UDC update 7-28-2017 draft C. Cash donation in-lieu of land dedication must be equal to the fair market value of the amount of land that would have been dedicated. The fair market value is the value of the unsubdivided, unimproved land after it has been annexed and given a municipal zoning designation. The city commission may adopt procedures to be used by the director of parks and recreation to determine the fair market value. The amount of the cash-in-lieu to be provided must equal the city’s established fair market value per square foot times the amount of land required to be dedicated. The city must periodically update the market value as deemed necessary to reflect changes in the price of land. The valuation used for calculating the amount due will be the valuation in effect at the time an application for final plat or final plan approval is complete. 1. Alternative. A developer may provide an alternate market valuation which complies with the following: a. It must be the responsibility of tThe developer to must provide an appraisal of the fair market value by a certified real estate appraiser of their choosing. The appraisal fee must be the responsibility of the developer and is responsible for the appraisal fee. b. When a land value must be established for cash-in-lieu of land dedication to satisfy the requirements of section 38.420.020, and the value of the land in an unsubdivided, unimproved, but annexed and zoned condition can not reasonably be reasonable determined, the developer may provide an appraisal of residentially zoned property with a zoning designation that allows the density of dwellings proposed for development. c. The appraisal provided for the purpose of section 38.420.030 must be conducted not sooner than 90 days prior to the submittal of an application for final plat or final site plan approval. D. Where a cash donation has been accepted in-lieu of land dedication, the amount of cash donation must be stated on the final plat or plan as appropriate. E. Where a cash payment or construction of improvements has been accepted in-lieu of land dedication, the city must record in the meeting minutes or other written decision why the dedication of land for parks was undesirable. F. Use of cash donations. 1. The city must use a cash donation for development or acquisition of parks to serve the development. 2. The city may use the cash donation to acquire or develop parks or recreational areas within its jurisdiction or for the purchase of public open space or conservation easements, only if: a. The park, recreational area, open space or conservation easement is within a reasonably close proximity to the proposed development; and b. The city commission has formally adopted a citywide park plan that establishes the needs and procedures for use of the cash donation. Sec. 38.420.040. - Park use. (38.27.040) As part of an individual park master plan, the developer must indicate the proposed use of the park as active, passive, playground, ball field, etc. However, the final use of the park must be determined by the review authority. Sec. 38.420.050. - Location. (38.27.050) A. General. The review authority, in consultation with the developer, recreation and parks advisory board, and the planning board if applicable, may determine suitable locations for parks and BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 349 December 20, 2017 UDC update 7-28-2017 draft playgrounds. Parkland must be located on land suitable to and supportive of the activities and functions depicted in the relevant park plan, and unless the park plan indicates a requirement for another configuration, should be kept in a large block. B. Subarea or neighborhood plans. If a subarea or neighborhood plan has been adopted for the area, the subdivision must comply with the subarea or neighborhood plan for the location of parks. Sec. 38.420.060. - Frontage. (38.27.060) A. Parkland, excluding linear trail corridors, must have frontage along 100 percent of its perimeter on public or private streets or roads. The city may consider and approve the installation of streets along less than 100 percent, but not less than 50 percent, of the perimeter when: 1. Necessary due to topography, the presence of critical lands, or similar site constraints; and/or 2. When the following elements are included: a. When direct pedestrian access is provided to the perimeters without street frontage; and b. When additional land area is provided in the park to accommodate the off-street parking which would have otherwise been provided by the additional length of perimeter streets and the additional land is developed as a parking area; or c. When additional land area is provided in the park to accommodate the off-street parking which would have been provided by the additional length of perimeter streets and, in lieu of the constructed parking area, an equivalent dollar value of non-parking improvements within the park are provided according to the individual park plan. The park in the left image is surrounded by streets on all four sides. The open spaces in the right image are bordered by streets on one or two sides, but their configuration with a perimeter walkway and dwelling units facing the park/open space are an acceptable design option. Figure 38.420.060 Acceptable park frontages. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 350 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.420.070. - Linear parks. (38.27.070) A. General. If consistent with the growth policy or citywide park plan, and if reviewed and approved by the review authority, linear parks must be dedicated to the city to provide corridors for recreation pathways as defined in section 38.420.110. 1. Pathway corridors within required watercourse setbacks must not be dedicated to the city as linear parks and such land may not be used to satisfy parkland dedication requirements. Instead, cash donation in-lieu of land dedication credit must be granted only for the cost of constructing Class II or III recreational trails if public access is provided. The developer must provide a detailed cost estimate for installation of the trail, for review and acceptance by the city, to determine the cash donation credit. a. Within required watercourse setbacks, a public access easement that is at least 25 feet in width must be provided to ensure adequate room for the construction, maintenance and use of the trail. B. Width. To ensure adequate room for pathway construction, maintenance and use, linear parks must be at least 25 feet in width. C. Maintenance. These areas must be maintained in accordance with section 38.420.110.E until an alternative method (e.g., a citywide parks maintenance district) of funding and maintaining the linear park is established. Sec. 38.420.080. - Park development. (38.27.080) A. General. Developers must consult any adopted citywide park plan, and with the recreation and parks advisory board which implements the plan, to determine the types of parks needed for the proposed development and surrounding area. Parks must be developed in accordance with the citywide park plan and any approved park master plan. At a minimum, all parks must be improved to the following standards by the developer, prior to final plat or final occupancy approval as appropriate: 1. Minimum required improvements to land dedications. The subdivider must be responsible for leveling any park area, amending the soil, seeding disturbed areas to allow mowing with turf type mowers, and installing an underground irrigation system in compliance with city standards and specifications. a. Parks must be seeded with drought tolerant grass seed unless approved otherwise in writing by the park superintendent. 2. Irrigation. The developer must be responsible for irrigateing the park area until 50 percent of the subdivision lots or condominium units are sold. Thereafter, the property owners’ association must be responsible for park irrigation. The property owners' association could may establish an improvement district to collect assessments to pay for irrigation. a. Wells must be used to irrigate parkland. B. Boundaries. The park boundary bordering all private lots must be delineated at the common private/public corner pins, with flat, flexible fiberglass posts, a minimum of six feet in length with no less than two feet driven into the ground. Each post must be labeled, with a permanent glued on sign, stating "Park Boundary" or "Property Boundary." Other forms of boundary marking may be approved by the planning or other appropriate department. C. Sidewalks. Sidewalks, when required within the development, must be installed by the developer at points where the park borders or crosses public or private streets. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 351 December 20, 2017 UDC update 7-28-2017 draft D. Stormwater detention/retention ponds. Stormwater retention or detention ponds may be located within public parkland, but such areas must do not count towards the parkland dedication requirement. Any stormwater ponds located on parkland must be designed, constructed and/or added to so as to be conducive to the normal use and maintenance of the park. Stormwater ponds must may not be located on private lots. Stormwater retention or detention ponds must be maintained by the property owners’ association. E. Clean up required. The park area must have allAll fencing material, construction debris and other trash must be removed from the park area. trash removed. Sec. 38.420.090. - Waiver of park maintenance district. (38.27.090) When required, the developer must sign, and file at the county clerk and recorder's office, a waiver of right to protest the creation of a park maintenance district. The waiver must be filed with the final subdivision plat, or recorded at the time of other final approval. Sec. 38.420.100. - Waiver of required park dedication. (38.27.100) A. The review authority must may waive the park dedication or cash donation in-lieu of land dedication requirement if land equal to or exceeding the area of the dedication otherwise required by this division 38.420 is set aside by one of the following means: 1. The proposed development provides: long-term protection of critical wildlife habitat; cultural, historical, archaeological or natural resources; agricultural interests; or aesthetic values. 2. The proposed development provides for a planned unit development or other development with land permanently set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the development. 3. The development is a land subdivision created by rent or lease (i.e., manufactured housing communities and recreational vehicle parks) with land permanently set aside for parks or playgrounds within the subdivision for rent or lease for the common use of the residents of the development. a. These park or playground areas must be maintained by the property owners’ association. 4. The developer provides for land outside of the subdivision to be set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the subdivision. a. The land being developed must be within the service area, as designated by an adopted citywide park plan, of the dedicated parkland; and b. The developer must dedicate the off-site parkland to the city; or c. The developer must execute the appropriate public access easements on privately-owned land. The easements must be held by the city. The city's responsibilities for parkland dedicated by easement must be the same as for fee simple parkland dedication. 5. The developer provides land outside the development that affords long-term protection of critical wildlife habitat; cultural, historical, archaeological or natural resources; agricultural interests; or aesthetic values; and the area of the land to be subject to long-term protection equals or exceeds the area of the dedication otherwise required by this division 38.420. 6. A subdivider may dedicates land to School District 7 to provide some or all of the land area required by section 38.420.020. The area dedicated to the school district may be used for school facilities or buildings, including but not limited to play grounds or other recreational BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 352 December 20, 2017 UDC update 7-28-2017 draft facilityfacilities. Any dedication to the school district must be subject to the approval of the review authority and acceptance by the board of trustees of School District 7. a. In approving a dedication of land to the school district the review authority must make affirmative findings that: (1) Adequate public parkland already exists within the vicinity of the dedicating subdivision to meet service standards established by the city's parks master plan; (2) The land is located within the city limits or within one mile of city limits; (3) The school district has established a facility plan to demonstrate how the dedicated property will be utilized; (4) The school district's facility plan must describe any coordination intended for joint use of the property by the school district and the city; and (5) The option for cash-in-lieu of land described in section 38.420.030 must not be used in place of a land dedication to the school district. b. It must be noted in a certificate on the plat and in any deed to the land that if School District 7 later chooses to dispose of the property, it must revert to the city to be used for park purposes. The land must be transferred to the city from School District 7 with clear title and in a condition meeting the minimum development standards for parks established in section 38.420.080. 7. If a tract of land is being developed under single ownership as a part of an overall plan, and part of the tract has previously been subdivided or developed, and sufficient parkland dedication or cash donation in-lieu of land dedication has been provided from the area that has been previously subdivided or developed to meet the requirements of this section for the entire tract being developed, the city commission must issue an order waiving the land dedication and cash donation requirements for the subsequently developed area. B. Section 38.420.020 requires mitigation of recreational impacts, usually by dedication of land for parks. Under defined circumstances in this section the required dedication may be waived. However, the underlying issue of mitigating recreational impacts must be addressed. If an application provides one or more of the alternatives under Paragraph A of this section then the required mitigation has been partially provided. To complete the mitigation, the alternative to land dedication must allow public access. The developer must execute the appropriate public access easements in a form acceptable to the city attorney prior to final approval of the development. The easements must be held by the city. Sec. 38.420.110. - Recreation pathways. (38.27.110) A. General. Developers must install pathways in accordance with this chapter, the growth policy, the most recently adopted long-range transportation plan, any adopted citywide park plan, and any adopted individual park master plan, and must comply with City of Bozeman Design Specifications. B. Pathway categories. The development review committee (DRC) must beis responsible for determining whether a pathway is a transportation pathway or a recreation pathway. For subdivision proposals, this determination must be made during the pre-application process. 1. Recreation pathways. The review authority may require developers to install recreation pathways and/or, to provide recreational and physical fitness opportunities within the development, as part of the required development improvements. Recreation pathways include the following facilities: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 353 December 20, 2017 UDC update 7-28-2017 draft a. Pathways that do not connect major residential, employment, educational or service nodes; b. Pathways that connect parks, but do not connect major residential, employment, educational or service nodes; c. Pathways that are not ADA accessible due to topography; d. Pathways located within parks; and e. Class II and III trails. 2. Transportation pathways. For the definition of transportation pathways, please see section 38.400.110. C. Related facilities. If pathways are proposed or required, stream crossings and other similar improvements, where necessary, must be installed. Bridge design and construction must comply with city specifications and standards, and must be submitted to the community development department for review and approval. Any necessary permits for bridges must be obtained by the developer from the appropriate agency prior to installation of the stream crossings. D. Trail requirements. The class of the trail must be determined by the review authority and the trail must be designed and constructed according to any adopted park or recreation plan or other city specifications and standards. Trails and bridges must meet Americans with Disabilities Act (ADA) specifications for recreational facilities and maintain a natural appearance. Trail plans and specifications must be submitted to the planning and parks departments for review and approval prior to installation. E. Pathway maintenance. Recreation pathways within the proposed development must be maintained, in conformance with an approved maintenance plan, by the developer until 50 percent of the lots or condominium units are sold. Thereafter the property owners’ association must beis responsible for maintenance. The property owners’ association could may establish an improvement district to collect assessments to pay for the maintenance. F. Pathway easements. Where pathways cross private land or common open space, the proper public access easements must be provided. Public access easements for pathways must be at least 25 feet wide. G. Linear parks. Corridors for recreation pathways may be dedicated to the city in accordance with section 38.420.070. H. Park and pathway development frontages. All developments adjacent to existing or planned trails or parks are subject to the block frontage standards of 38.510.030.I (trail/park frontages). BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 354 December 20, 2017 UDC update 7-28-2017 draft Adjacent dwelling units in both examples face the pathway/open space and feature a direct pedestrian connection to the pathway/open space. Figure 38.420.110 Acceptable park and pathway development frontages. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 355 December 20, 2017 UDC update 7-28-2017 draft 38.430 Planned Unit Developments (Article 20) Sec. 38.430.010. - Intent. (38.20.010) A. It is the intent of the city through the use of the planned unit development (PUD) concept, to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. Specifically, with regard to the improvement and protection of the public health, safety and general welfare, it must beis the intent of this chapter to promote the city's pursuit of the following community objectives: 1. To ensure that future growth and development occurring within the city is in accord with the city's adopted growth policy, its specific elements, and its goals, objectives and policies; 2. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing, recreation, shopping and employment may extend to all citizens of the city area; 3. To foster the safe, efficient and economic use of land, transportation and other public facilities; 4. To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks; 5. To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flood damage; 6. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; 7. To promote the use of bicycles and walking as effective modes of transportation; 8. To reduce energy consumption and demand; 9. To minimize adverse environmental impacts of development and to protect special features of the geography; 10. To improve the design, quality and character of new development; 11. To encourage development of vacant properties within developed areas; 12. To protect existing neighborhoods from the harmful encroachment of incompatible developments; 13. To promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood and the community as a whole; 14. To promote the efficient use of land resources, full use of urban services, mixed uses, transportation options, and detailed human-scale design; and 15. To meet the purposes established in section 38.100.040. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 356 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.430.020. - Application and uses of a planned unit development. (38.20.020) A. A planned unit development may be applied to any subdivision, or to any development having one or more principal uses or structures on a single parcel of real property or contiguous parcels of real property. Land use patterns and uses must generally conform to growth policy land use designations and underlying zoning districts. Approval for an additional use or combination of uses may be allowed in a planned unit development only when such additional uses are consistent with the city growth policy and relevant criteria in section 38.430.090.E and are not prohibited elsewhere in this chapter. B. All planned unit developments must consist of a harmonious arrangement of lots, uses, buildings, parking areas, circulation and open spaces. All planned unit developments must be designed as an integrated unit, in such a manner as to constitute a safe, efficient and convenient development. C. Any planned unit development must beis considered as a conditional use within the zoning district in which it is to be located. D. All planned unit developments must complement or be harmonious with existing adjacent development. Sec. 38.430.030. - Special conditions of a planned unit development. (38.20.030) A. The following special conditions must apply to any planned unit development: 1. Single ownership. The tract or parcel of land involved must be either in one ownership or the subject of an application filed jointly by the owners of all the property to be included. 2. Title holdings. The approved final plan must specify the manner of holding title to areas and facilities of joint use and how areas of joint use must be maintained. Normally such areas and facilities must be retained in title by the developers or deeded to an organization composed of all owners in the development meeting the requirements of section 38.220.190. 3. Reserved. 4. Use of general building and development standards. a. All planned unit developments must be reviewed against the development standards established in this chapter. However, in order to encourage creativity and design excellence that would contribute to the character of the community, deviations from the requirements or the standards of this chapter may be granted by the review authority after considering the recommendations of the applicable review bodies established by this chapter. The PUD application must be accompanied by written and graphic material sufficient to illustrate the initial and final conditions that the modified standards will produce. Such written and graphic materials may include textual descriptions, site plans, renderings of proposed elevations or landscapes, or similar materials. b. All requested deviations, waivers of submittal requirements and other relaxations of regulatory requirements must be identified in writing at the time of preliminary plan submittal. Failure to identify such items may result in the delay of application processing in order to receive necessary materials, provide additional public notice or implement other curative actions. c. The review authority must make a determination that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards of this chapter, and which will be consistent with the intent and purpose of this division 38.430, with the adopted goals of the city growth policy and with any relevant adopted design objectives plan. Upon deciding in favor of the deviation request, the review BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 357 December 20, 2017 UDC update 7-28-2017 draft authority may grant deviations, above or below minimum or maximum standards respectively as established in this chapter, including the complete exemption from a particular standard. If the review authority does not determine that the proposed modified standards will create an environment, landscape quality and character superior to that produced by the existing standards of this chapter, and which will be consistent with the intent and purpose of this division 38.430 and with any relevant design objectives plan, then no deviation shall will be granted. 5. Establishing additional standards. In addition to the general building and development standards, the city must havehas the right to establish general design standards, guidelines and policies, for the purpose of implementing and interpreting the provisions of this division 38.430. 6. Conformance to sign code. All signs proposed in conjunction with a planned unit development must be reviewed against the provisions of the city sign regulations,must comply with division 38.560 of this chapter. All signage must be approved as part of the PUD and must be designed as an integral element of the overall planned unit development. Approval of signs within a planned unit development must rests upon a determination by the city commission, as provided by the specific proposal, that the intent of the sign regulations is achieved. The review authority may approve a deviation for sSigns which do not comply with division 38.560 of this chapter must receive a deviation. Sec. 38.430.040. - Planned unit development review procedures and criteria. (38.20.040) A. When a subdivision is proposed in conjunction with a zoning planned unit development, the subdivision review must be coordinated with the zoning review. All steps listed in this section must apply whether the application is for a subdivision or zoning PUD, and references herein to plan includes plat unless the context clearly indicates otherwise. Approval of a planned unit development must consists of three procedural steps: pre-application, preliminary plan, and final plan. All subdivision PUDs must also meet all standards for plats. 1. Pre-application review. a. A pre-application review is mandatory for all planned unit development proposals. b. A pre-application must be submitted for review and discussion with the DRC, DRB, and planning staff of the applicant's proposal and any requirements, standards or policies that may apply. This step represents an opportunity to identify any major problems that may exist and identify solutions to those problems before formal application. c. Pre-application review procedures. Pre-application review meetings will be held by the DRC and DRB and will provide guidance for planned unit development applications. The general outline of the planned unit development proposal, presented as graphic sketch plans, must be submitted by the applicant to the community development department at least ten days prior to the meeting of the review bodies. The outline must be reviewed by the DRC and DRB. Thereafter, the community development department must furnish the applicant with written comments regarding such submittal, including appropriate recommendations to inform and assist the applicant prior to preparing the components of the planned unit development preliminary plan application. 2. Preliminary plan review. Sufficient information must be submitted to permit review of the land use relationships, densities and the type, size and location of the principal design elements of the planned unit development by the advisory bodies and review authority. For a planned unit development that will be developed in phases, the developer must submit either a preliminary plan for all phases, or else submit a preliminary plan for the initial phase or phases and BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 358 December 20, 2017 UDC update 7-28-2017 draft development guidelines for all subsequent phases. Submittal requirements are in addition to those required for site plan and conditional use permit review. a. Application process. Upon completion of pre-application review and receipt of the community development department's comments on the pre-application, an application for preliminary plan approval may be filed with the community development department. b. Public hearings and meetings. Notice of public hearings and/or public meetings for any preliminary plan application must be provided in accordance with division 38.220 of this chapter. c. Review criteria. In order to approve an application for a planned unit development the city commission must determine that the application is in conformance with all applicable standards, objectives and criteria of this chapter unless an appropriate deviation is granted. d. Recommendations. The DRC and DRB must recommend the approval, conditional approval or denial of the preliminary plan to the review authority and must include in such recommendation the basis upon which such recommendation was determined. e. Preliminary plan approval. The city commission, after conducting a public hearing, may approve, disapprove or approve with conditions the proposed planned unit development. The city commission must issue a written record of its decision to discuss and weigh the review criteria and standards applicable to the PUD. 3. Final plan review and approval. The final plan must be in compliance with the approved preliminary plan and/or development guidelines except as provided for in subsection 3.d of this section, and must be reviewed by DRC and ADR staff and approved by the review authority. a. Application process. Upon approval or conditional approval of a preliminary plan and the completion of any conditions imposed in connection with that approval, an application for final plan approval may be submitted. b. Review criteria; compliance with preliminary plan. For approval to be granted, the final plan must be in compliancecomply with the approved preliminary plan. This must means that all conditions imposed by the city commission as part of its approval of the preliminary plan have been met and: (1) The final plan does not change the general use or character of the development; (2) The final plan does not increase the amount of improved gross leasable nonresidential floor space by more than five percent, does not increase the number of residential dwelling units by more than five percent and does not exceed the amount of any density bonus approved with the preliminary plan; (3) The final plan does not decrease the open space and/or affordable housing provided; (4) The final plan does not contain changes that do not conform to the requirements of this chapter, excluding properly granted deviations, the applicable objectives and criteria of section 38.430.100, or other objectives or criteria of this chapter. The final plan must not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and (5) The final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. c. Final plan approval. The final plan may be approved if it conforms to the approved preliminary plan in the manner described above. Prior to final plan approval, the review authority may BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 359 December 20, 2017 UDC update 7-28-2017 draft request a recommendation from the DRB, DRC, ADR staff, or other entity regarding any part of a proposed final plan. If a final plat is part of the final plan submittal, the review authority per section 38.200.010 must have responsibility to approveis responsible for approval of the final plat. (1) Final plats associated with a PUD must be subject tocomply with the requirements of sections 38.240.110 and 38.220.070. d. Amendments to final plan. Building Issuance of building permits and other development approvals must beare based on issued on the basis of the approved final plan and any conditions of approval. No city administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan with the exception of the following: (1) Minor changes. (a) Minor changes to a planned unit development may be approved administratively and in writing, whereupon a permit may be issued. Such changes may be authorized without additional public notice at the discretion of the review authority. This provision must does not prohibit the review authority from requesting a recommendation from the DRB, DRC, ADR staff or other entity. (b) Minor changes must beare defined as follows: (i) Those developments that do not change the character of the development; (ii) An increase of less than five percent in the approved number of residential dwelling units; (iii) An increase of less than five percent in the approved gross leasable floor areas of retail, service, office and/or industrial buildings; (iv) A change in building location or placement less than 20 percent of the building width without compromising requirements of the UDO; (v) An increase in the number of lots less than two percent without increasing the density by more than five percent. This is applicable only to zoning PUD plans, not subdivision PUD plats; (vi) The A final plan must which does not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and/or (vii) The A final plat, if applicable, which does not create any additional lots which were not reviewed as part of the preliminary plan submittal. (c) When a planned unit development has been prepared in sufficient detail to address the concerns of division 38.230 of this chapter including but not limited to general building envelopes, design character of buildings, and landscaping for some or all of the parcels within its boundaries the final site development plans may be reviewed as an amendment to the PUD final plan. The intention to use this provision must be part of the initial submittal and review of the PUD. (2) Major changes. (a) Major changes to a planned unit development must follow the same planned unit development review and public notice and comment process required for approval of preliminary plans. The final plan must not contain any changes which would allow BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 360 December 20, 2017 UDC update 7-28-2017 draft increased deviation/relaxation of the requirements of this chapter without being individually noticed and reviewed for the proposed change. (b) Major changes must beare defined as follows: (i) A change in the character of the development; (ii) An increase of greater than five percent in the approved number of residential dwelling units; (iii) An increase of greater than five percent in the approved gross leasable floor areas of retail, service, office and/or industrial buildings; (iv) A reduction in the approved open space and/or affordable housing units provided; (v) A change in the location and placement of buildings; and/or (vi) An increase in the number of lots above what was approved through the preliminary plan review. This is applicable only to zoning PUD plans, not subdivision PUD plats. The final plat, if applicable, may not create any additional lots which were not reviewed as part of the preliminary plan submittal. Sec. 38.430.050. - Plan submittal requirements. (38.20.050) For each stage of the review process, the applicable information and data described in division 38.220 of this chapter must be submitted unless the DRC determines that the information is unnecessary for the proper evaluation of the development based on the evaluation of the pre-application review. Only after the community development department has determined that all required information has been submitted will the application be processed. When a proposed PUD includes both a subdivision and zoning component, a coordinated application on a form to be provided by the community development department must be used to coordinate submittal materials and prevent redundant requirements. Sec. 38.430.060. - Duration of planned unit development approval. (38.20.060) A. Duration of preliminary plan approval. The provisions of this subsection A do not apply to subdivision elements of a PUD. 1. Within a maximum of one year following the approval of a preliminary plan, the applicant must file with the community development department a final plan in detailed form covering the entirety, or one or more phases, of the development. 2. Upon application and in accordance with the standards of section 38.230.160.F, the community development director may administratively extend the period for filing a final plan for six-month periods. The granting of administrative extensions under this section may, at the discretion of the community development director, be referred to the city commission. 3. If no final plan is filed covering all or any portion of the preliminary plan within the above time limits, the right to proceed under the preliminary plan must will expire for any portion of the preliminary plan for which a final plan has not been timely filed. B. Duration of final plan approval. 1. The applicant must undertake and complete the development of an approved final plan within two years from the time of final plan approval. For the purposes of this section, a development is substantially complete once all engineering improvements (water, sewer, streets, curbs, gutter, streetlights, fire hydrants and storm drainage) are installed and completed in accordance with city rules and regulations. Extensions for periods of not more than one year may be administratively granted by the community development director in accordance with the BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 361 December 20, 2017 UDC update 7-28-2017 draft standards of section 38.230.160.F. The granting of administrative extensions under this section may, at the discretion of the community development director, be referred to the city commission. 2. A request for extension of final approval under this section must be submitted to the community development director in writing by the applicant at least 30 days prior to the date of expiration. Failure to submit a written request within the specified time period shall will cause forfeiture of the right to extension of final approval. Failure to construct the development and implement improvement requirements within the specified time limit shall will cause a forfeiture of the right to proceed under the final plan and require resubmission of all materials and re- approval of the same through the preliminary plan procedures. 3. The timing of all extensions of final plan approval must be coordinated with the approval period established for any subdivision plat approval that is part of the PUD so that any expiration dates are consistent. 4. Final plan approval may occur multiple times under the provisions for phased PUDs described in section 38.430.070. Sec. 38.430.070. - Phasing of planned unit developments. (38.20.070) A. Applications for phased planned unit developments. If a planned unit development is intended to be developed over time in two or more separate phases, application for approval of a phased planned unit development must follow procedures established for pre-application review as outlined in this division 38.430. After pre-application review is completed, phased PUDs may be proposed in accordance with one of the following procedures: 1. Application for simultaneous approval of all phases of the PUD. a. Where all phases of a PUD are planned in detail, an application for approval of all phases of the PUD may be made in accordance with preliminary plan review and approval procedures outlined in this division 38.430. In such cases, preliminary plans and all required supplemental information must clearly set forth phased development boundaries, schedules and other details pertaining to the phasing of the project. b. Upon approval of the preliminary plan for all phases of the PUD, each phase of the development may occur in accordance with the review and approval procedures for final plans as specified in this division 38.430. 2. Application for approval of initial phase of the PUD with subsequent phases master planned and subject to development guidelines. Where the applicant wishes to gain preliminary and final approval for the initial phase of a PUD, and further wishes to gain master plan and development guidelines approval for subsequent phases of the PUD, preliminary and final plan review and approval procedures for the initial phase must be followed in accordance with this division 38.430. A master plan and development guidelines for the remaining phases of the development must be provided for review and approval as outlined in subsection B of this section. B. Phased PUD approval process. Master plans and development guidelines must will be reviewed and approved according to the procedures established for preliminary plans as established set forth in this division 38.430. When a master plan and development guidelines for a phased PUD have been reviewed and approved by the review authority, each phase of the PUD may be developed in accordance with the review and approval procedures set forth in this division 38.430 for final plan reviews. C. Phased PUD review criteria. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 362 December 20, 2017 UDC update 7-28-2017 draft 1. In general, tThe review criteria for phased preliminary and final PUDs must beis the same as that for PUDs as set forth in this chapter. 2. In those cases where master plans and development guidelines are proposed to govern the development of future phases of the PUD, the review authority must determine that the proposed master plan and development guidelines are provided in sufficient detail to support a determination that the phased PUD will comply with all requirements for PUD approval if developed in accordance with the approved master plan and development guidelines. 3. DRB or ADR staff, as applicable, and DRC must review and approval of preliminary and final plans, for those phases of a PUD which have an approved master plan and development guidelines, must ensurefor compliance and consistency with said master plan and development guidelines. 4. Should DRC, DRB or ADR staff, as applicable, determine that proposals to develop subsequent phases of a PUD are not in compliance with the approved master plan and development guidelines, the determination may be appealed to the city commission subject to the provisions of division 38.250. D. Phased planned unit development submittal requirements. 1. Master plan submittal requirements. Master plans for phased PUDs must consist of a detailed site plan depicting: a. Existing conditions for the entire phased PUD as required by section 38.220.120.A.2 and 3; and b. Proposed conditions pertaining to such elements as building location, open spaces, vehicular and pedestrian circulation, and boundaries of the individual phases of the PUD in as much detail as is required by the evaluation of the pre-application review as outlined in this division 38.430. 2. Development guidelines submittal requirements. Development guidelines for phased PUDs must be submitted to the community development director as detailed in application forms.part of the application submittal in one or more orderly documents. Each document must contain a table of contents and must be in an 8½- by 11-inch vertical format, bound to open flat for review. All graphic representations must be in 8½- by 11-inch or 11- by 17-inch format. Development guidelines for phased PUDs must contain the information as is required by the evaluation of the pre-application review as outlined in this division 38.430. Such information may include, but is not limited to, the following: a. A description of submittal requirements and review procedures for the approval of preliminary and final plans submitted in accordance with the master plan and development guidelines (to be developed with the assistance of staff); b. A description of the coordination with any other applicable review procedures, e.g., subdivision review; c. A complete list of proposed or potential land uses; d. Sign guidelines: type, location, design, illumination, size and height; e. Perimeter buffering guidelines with specific regard to adjoining land uses; f. Landscaping guidelines, including a description of the landscaping theme in relation to the streetscape, the buildings on site, and any proposed signage, open space treatment, parking and circulation areas, display areas and screening; g. Design guidelines for outdoor storage and/or display; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 363 December 20, 2017 UDC update 7-28-2017 draft h. Protective covenants which may include requirements, property owners' association provisions, provisions for maintenance, etc.; i. Parking: guidelines: for design, provision for shared facilities, circulation between lots, coordination with sidewalk system, and service areas; j. Dimensional requirements: building heights, setbacks (interior and perimeter), open space, etc.; k. Lighting; l. Architectural guidelines; m. Provisions for utilities, communications and refuse; n. Guidelines for noise, emissions, glare, hazardous materials, etc.; and o. Improvements schedule. E. Open space provisions for phased PUD developments. If a project is to be built in phases, each phase must include an appropriate share of the proposed recreational, open space, affordable housing and other site and building amenities of the entire development used to meet the requirements of section 38.430.090.E.2. The appropriate share of the amenities for each phase must be determined for each specific project at the time of preliminary approval and must may not be based solely upon a proportional or equal share for the entire site. Requirements may be made for off-site improvements on a particular phased project. F. Final plans for phased PUD developments. Final plans for a planned unit development may be submitted in phases. The final plan must conform to the preliminary plan of a planned unit development, as approved. G. Duration of phased PUD development guidelines approval. Within a maximum of five years following the approval of development guidelines for a planned unit development, development must commence or the development guidelines must be reviewed for renewal. Any subsequent approvals of a preliminary plan must conform to the development guidelines. Sec. 38.430.080. - Enforcement of approval requirements and conditions. (38.20.080) The failure to comply with any of the terms, conditions of approval or limitations contained on the site plan, landscape plan, building elevations, or other approved documents, or other element pertaining to a planned unit development which has received final approval from the city may subject the applicant or current landowner to the enforcement remedies contained in section 38.200.160. Sec. 38.430.090. - Planned unit development design objectives and criteria. (38.20.090) A. General. For any planned unit development proposal to be approved it must first be found, by the review authority, after recommendation from the DRC, DRB or WRB (if applicable), to be in compliance with this chapter including any applicable criteria of this section. B. Land use classifications. 1. The design objectives and criteria with which a planned unit development proposal must comply are dependent upon the designated growth policy land use classification and zoning district of the site proposed for the planned unit development. 2. All planned unit developments are reviewed against the objectives and criteria designated for all development. Each individual planned unit development is then reviewed against the objectives and criteria established for the land use classification of the site on which the proposal is to be BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 364 December 20, 2017 UDC update 7-28-2017 draft located. A planned unit development must satisfy all the objectives and criteria of all applicable groups. 3. In evaluating planned unit developments, the city may determine that certain criteria are not applicable or are irrelevant to a particular development proposal and therefore do not apply to that proposal unless those criteria are applicable to a deviation which is being sought by the applicant. Subsection E of this section contains the groups of objectives and criteria against which planned unit developments are reviewed. C. Evaluation process. The acceptability and performance of a planned unit development proposal must will be evaluated as follows: Each of the relevant objectives and criteria for the applicable land use classification and for all development contained in subsection E of this section, will be answered "Yes," "No" or "Not Applicable" (NA). A "No response" to any of the applicable objectives and criteria will automatically preclude the development proposal from further consideration and eventual approval, unless a deviation is granted by the review authority. An objective or criterion is considered to be applicable if it can reasonably be applied to the development proposal. The applicant must clearly demonstrate how the planned unit development specifically addresses each applicable objective and criterion. D. Responsibility for impact mitigation. To protect the character of new and existing neighborhoods against intrusive and disruptive development, any negative or adverse impacts must be effectively mitigated in the planned unit development plan, as per the following guidelines: 1. When two adjacent parcels are developed simultaneously, the responsibility for mitigating conflicts is upon the more intense use. 2. When a use is the first to develop on two adjacent vacant parcels, the first use must provide the necessary buffer to any reasonable future use as determined by the city. 3. The second use to develop must, at the time it develops, take all additional steps necessary to mitigate conflicts. 4. WHowever, when a planned unit development includes a use or uses which are not otherwise permitted in the underlying zoning district, the responsibility for impact mitigation must lies exclusively with the planned unit development proposal. E. Design objectives and PUD review criteria. 1. The city will determine compatibility of a project based upon the evidence presented during evaluation of the community design objectives and criteria of this chapter. 2. In addition to the criteria for all site plan and conditional use reviews, the following criteria will be used in evaluating all planned unit development applications. a. All development. All land uses within a proposed planned unit development must be reviewed against, and comply with, the applicable objectives and criteria of the mandatory "all development" group. (1) Does the development comply with all city design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? (2) Does the project preserve or replace existing natural vegetation? (3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 365 December 20, 2017 UDC update 7-28-2017 draft (4) Does the design and arrangement of elements of the site plan (e.g., building construction, orientation, and placement; transportation networks; selection and placement of landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction of energy use by the project? (5) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by theof residents of the project? (6) Parkland. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of parkland or open space been provided for each proposed dwelling as required by section 38.420.020?. (7) Performance. All PUDs must earn at least 20 performance points. Nonresidential developments within the North 19th Avenue/Oak Street corridor must earn 30 points. Points may be earned in any combination of the following. The applicant must select the combination of methods but the city may require documentation of performance, modifications to the configuration of open space, or other assurances that the options selected must will perform adequately. (a) Provision of affordable housing. Exclusive of housing used to satisfy division 38.380: (i) Four Five points for each percent of dwellings to be constructed in the residential development which are provided by donation to the city; or — or non-profit Community Housing Development Organization or three one points for each build- ready lot donated to the city or non-profit Community Housing Development Organization for affordable housing provided by a residential or nonresidential development; or (ii) One Three points for each percent of dwellings to be constructed in the residential development which are provided by long term contractual obligation to an affordable housing agency, for a period of not less than 20 years, with a written plan assuring on-going affordability pricing and eligibility monitoring, and annual re-certification. The city's affordability guidelines and subsequent revisions must establish affordability and eligibility,; (b) Additional open space. (i) One point for each percent of the project area that is provided as non-public open space; or 1¼ points for each percent of the project area that is provided as publicly accessible open space. (ii) The portion of the project to be considered in determining the size of area to be provided for open space must will be the gross project area less areas dedicated and transferred to the public, and/or used to meet the parklands requirements of subsection E.2.a.(6) of this section. The area provided for open space must be exclusive of yard setbacks on individually owned lots and interior parking lot landscaping, and subject to the performance standards of division 38.420 of this chapter. The area may be provided through a combination of one or more of the following means: (A) Open space within the project boundaries and commonly held by the property owners’ association for the use of owners, residents and their guests; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 366 December 20, 2017 UDC update 7-28-2017 draft (B) Open space within the project boundaries and developed as usable recreation space with a corresponding public use easement; (C) Outside of the project boundaries as an addition to an existing off-site park adequate in location and size to meet the recreational needs of the residents; (D) Cash-in-lieu of open space subject to the standards of section 38.420.030; or (E) Open space outside of the project boundaries adequate in size and location to meet the recreational needs of the residential development. The site is subject to the standards of division 38.420 of this chapter and must demonstrate a geographic and service relationship to the residential development. (c) Adaptive reuse of historic buildings. Two points for each ten percent of total number of dwelling units in a residential development which are provided by the adaptive reuse of an individually listed or eligible to be listed historic structure; one point for each ten percent of total commercial and/or industrial floor area which is provided by the adaptive reuse of an individually listed or eligible to be listed historic structure; up to a total of one-third of the performance points required to be earned. (d) Underutilized and brownfield sites. One point for each 50 percent increase in the total square footage of commercial and/or industrial floor area on underutilized sites; one point for each 50 percent increase in the total number of dwelling units on underutilized sites; one point for each acre developed of the environmentally contaminated land; up to a total of one-third of the performance points required to be earned. (e) Designed to meet LEED-ND and be conditionally approved or have pre-certification by the authority (15 points). (f) Inclusion of a low impact development plan (6 points) that includes the following: (i) On-site stormwater treatment systems that exceed the requirements of chapter 40, article 4, Stormwater, including but not limited to: incorporating drainage methods and technologies that treat, detain and/or infiltrate stormwater as close as possible to the source of run-off and the use of natural drainage systems across sites, rather than underground closed-pipe systems to the extent feasible. Natural drainage systems reduce the negative impacts of stormwater runoff by redesigning residential streets to take advantage of plants, trees, and soils to clean runoff and manage stormwater flows. Vegetated swales, stormwater cascades, and small wetland ponds allow soils to absorb water, slowing flows and filtering out many contaminants. (ii) The low impact development plan must be integrated with the snow storage and management plan. (iii) At least 75 percent of new planting should be chosen from the list of Drought Tolerant Plants & Xeriscaping in Montana (2010), produced by the Montana Nursery & Landscape Association, or approved/updated equivalent list approved by the City cityof Bozeman. Any species listed as noxious or invasive in the state must be avoided. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 367 December 20, 2017 UDC update 7-28-2017 draft (iv) Inclusion of weather-based irrigation controllers. (v) Limitations in the covenants or design guidelines on the amount and type of sod permitted. (g) Sustainable design and construction. (6 points) (i) Covenants or design guidelines that include a commitment to design the majority of buildings to meet LEED certification requirements or approved equivalent certification approved by the City of Bozeman. Equivalent certification programs will also be considered during preliminary PUD review. (ii) Energy use reduction. Residential covenants or design guidelines must include a commitment to build third party certified homes, which meet guidelines that make them at least 20 percent more efficient than standard homes. Nonresidential covenants and design guidelines must include a commitment to build and certify buildings that meet the EPA's Energy Star challenge or approved equivalent program. Equivalent programs will also be considered during Preliminary PUD review. (iii) Water use reduction. Covenants or design guidelines must include a commitment to use EPA's WaterSense certified products for all kitchen, bathroom and irrigation hardware. Equivalent programs will also be considered during preliminary PUD review. (iv) Provision of solar, wind or other alternative energy sources or participation in an approved cash-in-lieu program. A coordinated and detailed plan on how the development will address this component must be submitted. (h) Integrated and coordinated way-finding measures beyond minimum requirements within the overall project. (4 points). (i) On-site recycling transfer station. (4 points). (j) Public transportation bus station or enhanced covered bus stop. (One1 point per station or enhanced stop.) (k) Streetscape improvements (6 points): Streetscape design features that exceed the minimum street standards including street furniture, pedestrian lighting, low-impact development techniques, on-street parking standards, crosswalks, landscape and planting, way-finding, public art or other design elements. Such elements must be installed as part of the street infrastructure. (8) Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? b. Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3, R-4, R-5, RMH and R-O zoning districts) may include a variety of housing types designed to enhance the natural environmental, conserve energy, recognize, and to the maximum extent possible, preserve and promote the unique character of neighborhoods, with provisions for a mix of limited commercial development. For purposes of this section, "limited commercial development" means uses listed in the B-1 neighborhood service district (division 38.310 of this chapter), within the parameters set forth below. All uses within the PUD must be sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood. The permitted number of residential dwelling units must be BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 368 December 20, 2017 UDC update 7-28-2017 draft determined by the provision of and proximity to public services and subject to the following limitations and considerations: (1) On a net acreage basis, is the average residential density in the project (calculated for residential portion of the site only) consistent with the development densities set forth in the land use guidelines of the city growth policy? (2) Does the project provide for private outdoor areas (e.g., private yardsetbacks, patios and balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? (3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? (4) If the project is proposing a residential density bonus as described below, does it include a variety of housing types and styles designed to address community- wide issues of affordability and diversity of housing stock? (5) Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? (6) Residential density bonus. If the project is proposing a residential density bonus (30 percent maximum) above the residential density of the zoning district within which the project is located and which is set forth in division 38.310 of this chapter, does the proposed project exceed the established regulatory design standards (such as for setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent neighborhood development? The number of dwelling units obtained by the density bonus must beis determined by dividing the lot area required for the dwelling unit type by one plus the percentage of density bonus sought. The minimum lot area per dwelling obtained by this calculation must be provided within the project. Those dwellings subject to division 38.380, must be excluded in the base density upon which the density bonus is calculated. (7) Limited commercial. If limited commercial development, as defined above, is proposed within the project, is less than 20 percent of the gross area of the PUD designated to be used for offices or neighborhood service activities not ordinarily allowed in the particular residential zoning district? (a) If neighborhood service activities are proposed within the project, is a market analysis provided demonstrating that less than 50 percent of the market required to support proposed neighborhood service activities is located outside the immediate area of the PUD and are the neighborhood services of a nature that does not require drive-in facilities or justification for through traffic? (b) If the project contains limited commercial development, as defined above, is the project located at the intersection of arterial streets, or arterial and collector streets? (c) If the project contains limited commercial development, as defined above, has the project been sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood and have the commercial activities been developed at a scale compatible with residential development? (87) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 369 December 20, 2017 UDC update 7-28-2017 draft c. Commercial. Planned unit developments in commercial areas (B-1, B-2, B-2M, B-3 and UMU zoning districts) may include either commercial or multi-household development;, however, adequate but controlled access to arterial streets is essentialrequired. Activities would may include a broad range of retail and service establishments designed to serve consumer demands of the city area. (1) If the project contains any use intended to provide adult amusement or entertainment, does it meet the requirements for adult businesses? (2) Is the project contiguous to an arterial street, and has adequate but controlled access been provided? (3) Is the project on at least two acres of land? (4) If the project contains two or more significant uses (for instance, retail, office, residential, hotel/motel and recreation), do the uses relate to each other in terms of location within the PUD, pedestrian and vehicular circulation, architectural design, utilization of common open space and facilities, etc.? (5) Is it compatible with and does it reflect the unique character of the surrounding area? (6) Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces? (7) Does the project encourage infill, or does the project otherwise demonstrate compliance with the land use guidelines of the city growth policy? (8) Does the project provide for outdoor recreational areas (such as additional landscaped areas, open spaces, trails or picnic areas) for the use and enjoyment of those living in, working in or visiting the development? d. Industrial. Planned unit industrial developments in industrial areas (M-1, M-2, BP and NEHMU zoning districts) may include employment, wholesaling, manufacturing and utility centers for the community. The particular types or combination of uses must beare determined based upon its merits, benefits, potential impact upon adjacent land uses and the intensity of development. (1) Is the project located adjacent to an arterial or collector street that provides adequate access to the site? (2) Is the project developed such that the least intense uses must be located along the arterial streets, where visibility to the public is likely? More intense uses such as heavy industrial uses and warehousing activities will must be located away from the arterial streets, buffered by the other uses. (3) Does the project utilize a landscaping theme that will tie adjacent uses or projects together? (4) Is the project being developed on land substantially surrounded by property approved for development or developed property with existing services and utilities already available? e. Mixed use. Planned unit developments in mixed-use areas (REMU, UMU, a nd NEHMU zoning districts) may include commercial, light industrial, residential and mixes of various primary and accessory uses. The particular types or combination of uses must beare determined based upon its merits, benefits, potential impact upon adjacent land uses and the intensity of development. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 370 December 20, 2017 UDC update 7-28-2017 draft (1) Is the project substantially consistent with the intent and purpose statements for the underlying zoning district? (2) Is the project located adjacent or within proximity to an arterial or collector street that provides adequate access to the site? (3) Is the project on at least two acres of land? (4) Do the uses relate to each other in terms of location within the PUD, pedestrian and vehicular circulation, architectural design, utilization of common open space and facilities, streetscape, etc.? (5) Does the overall project achieve or exceed the FAR "floor area ratios" envisioned for the underlying district? (6) Is it compatible with and does it reflect the unique character of the surrounding area? (7) Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces? (8) Does the project encourage infill, or does the project otherwise demonstrate compliance with the land use guidelines of the Bozeman growth policy? (9) Does the project provide for outdoor recreational areas (such as urban plazas, courtyards, landscaped areas, open spaces, or urban trails) for the use and enjoyment of those living in, working in or visiting the development? (10) Does the project provide for private outdoor areas (e.g., private yardsetbacks, patios and/or balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? (11) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? (12) Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? (13) If the project is proposing a residential density bonus as described below, does it include a variety of housing types and urban styles designed to address community- wide issues of affordability and diversity of housing stock? (14) Residential density bonus. If the project is proposing a residential density bonus (30 percent maximum) above the residential density of the zoning district or building type within which the project is located and which is set forth in division 38.310 of this chapter, does the proposed project exceed the established regulatory design standards (such as for setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent neighborhood development? The number of dwelling units obtained by the density bonus must beis determined by dividing the lot area required for the dwelling unit type by one plus the percentage of density bonus sought. The minimum lot area per dwelling obtained by this calculation must be provided within the project. Those dwellings subject to division 38.380 must be excluded in from the base density upon which the density bonus is calculated. Sec. 38.430.100. - North 19th Avenue/West Oak Street entryway corridors. (38.20.100) A. Intent and purpose. It is the intent and purpose of this section to establish the planned unit development (PUD) and/or master site plan review procedures as a method to guide future growth BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 371 December 20, 2017 UDC update 7-28-2017 draft and development within the area of the North 19th Avenue/West Oak Street Corridor Master Plan. It is further intended to ensure that future growth and development will occur in accord with the goals and objectives of the North 19th Avenue/West Oak Street Corridor Master Plan and it successors as a subarea plan to the city growth policy. B. Application. Planned unit development or master site plan provisions must apply to all nonresidential development proposals located in the North 19th Avenue and West Oak Street Entryway Corridor areas as designated on the land use plan of the North 19th Avenue/West Oak Street Corridor Master Plan and on the city's official zoning map as follows: 1. North 19th Avenue (Class I and Class II corridor). All nonresidential development within the North 19th Avenue Entryway Corridor, between Durston Road and the North 19th Avenue- Interstate 90 Interchange, measured 660 feet from the centerline of North 19th Avenue., exclusive of the following: a. Between Durston Road and the south boundary of Covered Wagon Mobile Home Court, a Class II entryway corridor overlay classification shall be applied to the east side of North 19th Avenue, measured 330 feet from the centerline of North 19th Avenue. 2. West Oak Street (Class I and Class II corridor). All nonresidential development within the West Oak Street Entryway Ccorridor between North 7th Avenue and Rose Park shall be applied within such corridor as follows: a. Between North 7th Avenue and North 19th Avenue, measured 660 feet from the centerline of West Oak Street; or b. Between North 19th Avenue and the east boundary of Rose Park, measured 330 feet from the centerline of West Oak Street. C. It is required that any developments subject to this section comply with all of the specific development standards of article 5 of this chapter and the city of Bozeman design manualthe design objectives plan for North 19th Avenue/West Oak Street Corridors. Any proposed master site plan may not include more than two dimensional deviations under section 38.340.170. Applications which have three or more deviations shall be submitted as a planned unit development. Residential developments within this corridor are not required to be developed as a planned unit development, but do need to comply with the specific development standards of article 5 of this chapter and the city of Bozeman design manuathe design objectives plan for North 19th Avenue/West Oak Street Corridors. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 372 December 20, 2017 UDC update 7-28-2017 draft ARTICLE 5. PROJECT DESIGN Article 5 Contents Division 38.500 Introduction Division 38.510 Block Frontage Standards Division 38.520 Site Planning & Design Elements Division 38.530 Building Design Division 38.540 Parking Division 38.550 Landscaping Division 38.560 Signs Division 38.570 Outdoor Lighting 38.500 Introduction (New) Sec. 38.500.010. – Purpose. This article implements the Bozeman’s growth policy. Overall, this article: A. Provides clear objectives for those embarking on the planning and design of development projects in Bozeman; B. Preserves and protects the public health, safety, and welfare of the citizens of Bozeman; C. Ensures that new commercial and multi-household development is of high quality and beneficially contributes to Bozeman’s character; D. Ensures that new developments within existing neighborhoods are compatible with, and enhance the character of Bozeman’s neighborhoods; E. Promotes an increase in walking and bicycling throughout the City; F Enhances the livability of Bozeman’s residential developments; G. Maintains and enhances property values within Bozeman. Sec. 38.500.020. – Applicability and compliance. The provisions in this article apply to development. However, since each division within it addresses different design and development elements, the applicability of each division is clarified at the beginning of the division. For instance, some divisions may only apply to new commercial and multi-household development, while individual sections in division 38.540 only apply to specific housing types. A. Relationship to other codes and documents. Where provisions of this article conflict with provisions in any other section of the UDC, this article prevails unless otherwise noted. Relationship with other notable design provisions and guidelines: 1. For sites within the city's established neighborhood conservation overlay district, the design provisions of division 38.340 supersede the provisions of this article. However, the review authority may apply the provisions of this article in the event of a conflict, where the review authority determines that the provisions herein help new development better meet the purpose and intent of neighborhood conservation overlay district per section 38.340.010. 2. The director of community development will maintain a design manual to illustrate best practices to implement the design standards of this chapter. The design manual is to assist citizens and design professionals by providing visuals and illustrative examples of the intent of the city’s guidelines and regulations. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 373 December 20, 2017 UDC update 7-28-2017 draft B. For building additions and remodels, three different thresholds have been established to gauge how the project design standards in this article are applied to such projects. See Figure 38.500.020 below for examples of site development and the respective types of improvements required under each of the three levels of improvements. 1. Level I Improvements include all exterior remodels, building additions, and/or site improvements commenced within a three-year period (based on the date of permit issuance) that affect the exterior appearance of the building/site and/or increase the building’s area by up to 20 percent. The requirement for such improvements is that the proposed improvements meet the standards and do not lead to further nonconformance with the standards. For example, if a property owner decides to replace a building façade’s siding, then the siding must meet the applicable exterior building material standards, but elements such as building articulation (see section 38.530.040) would not be required. 2. Level II Improvements include all improvements commenced within a three-year period (based on the date of permit issuance) that increase the building’s area by more than 20percent, but not greater than 50 percent. All standards that do not involve repositioning the building or reconfiguring site development apply to Level II Improvements. For example, if a property owner of an existing home in the B-2 zoning district wants to convert the home to an office and build an addition equaling 45 percent of the current building’s area, then the following requirements apply: a. The location and design of the addition/remodel must be consistent with the block frontage standards (division 38.510), which address building frontages, entries, parking lot location, and front setback landscaping. For such developments seeking additions to buildings where off-street parking location currently does not comply with applicable parking location standards, building additions are allowed, provided they do not increase any current non- conformity and generally bring the project closer into conformance with the standards (see division 38.550, Parking). b. Compliance with applicable site planning and design elements (division 38.520). c. Compliance with all building design provisions of division 38.530, except architectural scale and materials provisions related to the existing portion of the building where no exterior changes are proposed. The entire building must comply with building elements/details, materials, and blank wall treatment standards of section 38.540.070. d. Compliance with the off-street parking, landscaping, signage, and lighting provisions of divisions 38.550-580 that relate to proposed improvements. 3. Level III Improvements include all improvements commenced within a three-year period (based on the date of permit issuance) that increase the building’s area by more than 50 percent. Such developments must conform to all applicable standards. Site improvements are addressed in 38.230.150 and 38.230.160. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 374 December 20, 2017 UDC update 7-28-2017 draft Figure 38.500.020 Examples of site development and the respective types of improvements required under each of the three levels of improvements. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 375 December 20, 2017 UDC update 7-28-2017 draft 38.510 Block Frontage Standards (Article 44) Sec. 38.510.010. – Introduction. (38.44.010) A. Purpose. 1. To provide standards to implement the growth policy and applicable adopted sub-area plans; 2. To design sites and orient buildings with an emphasis on compatible development and creating a comfortable walking environment; and 3. To provide standards that recognize the need for a system of streets and block frontages. B. Applicability. The provisions of this division apply to all development within Bozeman, except single to four, and two-, and three-household dwellings in any configuration. Also: 1. For clarification on the relationship between the provisions in this division and other documents and codes, see section 38.500.020.A. 2. For the application of building additions ,and remodels and site improvements, see section 38.500.020.B. 3. For clarification on how the provisions of this division are applied, see section 38.500.030. C. How to use this division. Since block frontage standards for individual properties depend on the type of street that properties front onto, consider the following steps in using this division: 1. Determine the zoning of your property, then see 38.510.020 to find the block frontage type designation for the street or streets fronting your property. For properties in residential zones, the standards for Landscaped block frontages (see section 38.510.030.C) apply. For properties in Industrial zones, see section 38.510.030.H. For properties that front onto multiple streets, see provisions in section 38.510.030.K; and 2. Go to the appropriate code section in this division for the block frontage standards for applicable block frontage type designation. Table 38.510.030.A includes a summary of the five primary street frontage type designations along with links to the appropriate sections, the intention for each block frontage designation, and key design/use provisions. Sec. 38.510.020. – Community design framework maps and standards. (38.44.010) A. About the maps. The maps, together with the block frontage standards in section 38.510.030, guide the look and feel of development in commercial and multi-household areas throughout Bozeman when viewed from the street. The provisions herein recognize that there is a hierarchy of different streets and block frontage types ranging from pedestrian-oriented storefronts to arterial streets/frontages that warrant greater flexibility in the design of frontages. The block frontage standards address streetfront elements including: 1. Building location and orientation. 2. Parking lot location. 3. Window transparency. 4. Weather protection. 5. Landscaping. The community design framework maps also identify high visibility street corner sites that warrant special design treatment. Ultimately, these “form-based” provisions will help to reinforce existing BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 376 December 20, 2017 UDC update 7-28-2017 draft and desired development patterns intended to implement the growth policy, including adopted neighborhood plans. B. All block frontages within residential zones are subject to landscaped block frontage provisions set forth in section 38.510.030.C. C. All block frontages within industrial zones are subject to the provisions of section 38.510.030.H. D. The default block frontage for new or undesignated streets (such as those within annexed land) in commercial and mixed-use zones is Mixed (see the mixed block frontage provisions set forth in 38.510.030.D), E. The block frontage designations apply to development on both sides of the street except where otherwise specified. F. Changes to the block frontage designation for new and existing streets may be made through the Community Design Framework Master Plan per section 38.510.030.L. G. A reference map of approved community design framework master plans and default block frontages is maintained by the Department of Community Development. The map is a visual representation of the text of this section and is for illustrative purposes only. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 377 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.510.030. – Block Frontage Standards. (38.44.010) A. Summary chart. Table 38.510.030.A summarizes standards for each of the six designated block frontage types. Specific standards for each of the block frontage types are set forth below: Table 38.510.030.A Summary of block frontage standards. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 378 December 20, 2017 UDC update 7-28-2017 draft B. Storefront block frontages. 1. Description/intent. Storefront block frontages are intended to be among the most vibrant and active shopping and dining areas within the city. Blocks designated as storefront blocks include continuous storefronts placed along the sidewalk edge with small scale shops and/or frequent business entries. 2. Vision. Figure 38.510.030.B provides a depiction of relationship between the street, sidewalk and storefront for a property designated for a storefront block frontage. Figure 38.510.030.B Storefront vision and key standards. 23. Standards. All development as set forth in UDC 38.510.010.B on sites containing a storefront block frontage designation must comply with the following standards (on applicable block frontages): Table 38.510.030.B Storefront block frontage standards. Element Standards ( refers to departure opportunities, see subsection 38.510.030 below) Examples & Notes Ground floor Land use Non-residential uses specified in 38.10.020, except for lobbies associated with residential or hotel/motel uses on upper floors. Floor to ceiling height 13’ minimum (applies to new buildings only). BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 379 December 20, 2017 UDC update 7-28-2017 draft Table 38.510.030.B Storefront block frontage standards. Element Standards ( refers to departure opportunities, see subsection 38.510.030 below) Examples & Notes Retail space depth 20’ minimum (applies to new buildings only),  Building placement Required at front property line/back edge of sidewalk. Additional setbacks are allowed for widened sidewalk or pedestrian-oriented space (38.520.060.D). Building entrances Must face the street. For corner buildings, entrances may face the street corner. Façade transparency At least 60% of ground floor between 30” and 10’ above the sidewalk for primary façade and 40% of ground floor between 30” and 10’ above the sidewalk for secondary facades.  Display windows may count for up to 50% of the transparency requirement provided they are at least 30” in depth to allow for changeable displays. Tack-on display cases do not qualify as transparent window areas. Window area that is glazed over or covered in any manner that obscures visibility into the storefront space shall not count as transparent window area. Weather protection Weather protection with 8-15’ vertical clearance at least 5’ in average depth along at least 60% of façade.  Retractable awnings may be used to meet these requirements. Parking location& driveways Also see division 38.540 of this division for related parking requirements New surface and structured parking areas (ground floor) must be placed to the side or rear of structures and are limited to 60’ of street frontage.  Provide a 6’ minimum buffer of landscaping between the street and off street parking areas meeting the performance standards of division 38.550.  Sidewalk width 12 feet minimum between curb edge and storefront (area includes clear/buffer zone with street trees). Setbacks and utility easements must also be considered and may result in a larger minimum sidewalk width. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 380 December 20, 2017 UDC update 7-28-2017 draft 43. 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. RETAIL SPACE DEPTH: Reduced depths will be considered where the applicant can successfully demonstrate the proposed alternative design and configuration of the space is viable for a variety of permitted retail uses; b. FAÇADE TRANSPARENCY: The proposed alternative design treatment of façade area between ground level windows provides visual interest to the pedestrian and mitigates impacts of any blank wall areas. No less than 40 percent of the façade between 30 inches and ten feet above the sidewalk may be approved with a departure; c. WEATHER PROTECTION: Other proposed alternative design treatments must provide equivalent weather protection benefits; and d. PARKING LOCATION: There must be an acceptable tradeoff in terms of the amount and quality of storefront area that is integrated with the development and the applicable parking location departure. Plus, the alternative must include design features to successfully mitigate the visual impact of additional parking areas along designated storefront streets. e. SIDEWALK WIDTH: Alternative designs may be considered where topographical challenges exist. Alternative designs must be able to accommodate safe and comfortable pedestrian traffic anticipated for full block development. C. Landscaped block frontages. 1. Description/intent. The landscaped block frontage designation emphasizes landscaped frontages and clear pedestrian connections between buildings and the sidewalk. This designation applies to all new and existing streets in applicable residential districts, plus includes residential based streets and other streets in commercial/ mixed-use zoned areas where special landscaped frontages are desired. 2. Vision. Figure 38.510.030.C provides a depiction of relationship between the street, sidewalk and storefront for a property designated for a landscaped block frontage. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 381 December 20, 2017 UDC update 7-28-2017 draft Figure 38.510.030.C Landscaped block frontage vision and key standards. 32. Standards. All development as set forth in UDC 38.510.010.B on sites containing a landscaped block frontage designation must comply with the following standards (on applicable block frontages): Table 38.510.030.C Landscaped block frontage standards. Element Standards ( refers to departure opportunities, see subsection 38.510.030 below) Examples & Notes Ground floor: Land use See Tables 38.310.030-.040 for permitted use details. Building placement 10’ minimum front setback, except where greater setbacks are specified in the district in division 38.220. from the property line or sidewalk (which ever is less) is required.  See section 38.510.030.J for special design provisions associated with ground level residential uses adjacent to a sidewalk. Building entrances Building entrances must be visible and directly accessible from the street.  For uses that front on multiple mixed designated block frontages, an entry along both streets is encouraged, but not required. Façade transparency For buildings designed with ground level non-residential uses, at least 25% of the ground floor between 4’-8’ above the sidewalk.  Window area that is glazed over or covered in any manner that obscures visibility into the storefront space shall not count as transparent window area BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 382 December 20, 2017 UDC update 7-28-2017 draft Table 38.510.030.C Landscaped block frontage standards. Element Standards ( refers to departure opportunities, see subsection 38.510.030 below) Examples & Notes For residential uses, at least 15% of the entire façade (all vertical surfaces generally facing the street).  Windows must be provided on all habitable floors of the façade. Façade transparency example. Weather protection Provide weather protection at least 3’ deep over primary business and residential entries. Parking & drivewayslocation Also see division 38.540 of this division for related parking requirements Parking must be placed to the side, rear, below or above uses. For multi- building developments, surface and structured parking areas (ground floor) are limited to no more than 50% of the street frontage.  Private or shared garage entries must occupy no more than 50% of façade width. Provide a 10’ minimum buffer of landscaping between the street and off street parking areas meeting the performance standards of division 38.550 of this chapterdivision.  New parking structures must feature landscaped setbacks at least 10’ in width.  Landscaping Also see division 38.550 of this division for related landscaping standards The area between the street and building must be landscaped, private porch or patio space, and/or pedestrian-oriented 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 Example of low level landscaping that screens foundation walls, provides visual interest, and BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 383 December 20, 2017 UDC update 7-28-2017 draft Table 38.510.030.C Landscaped block frontage standards. Element Standards ( refers to departure opportunities, see subsection 38.510.030 below) Examples & Notes materials and textures to maintain visual interest from a pedestrian scale. maintains views from dwelling units to the street. Sidewalk width 6’ minimum sidewalks are required adjacent to arterial streets and public parks and 5’ minimum width in other areas, except the review authority may require wider sidewalks in special areas where called for in adopted plans or where significant pedestrian traffic is anticipated. 43. 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. BUILDING ENTRANCES. Block frontages with steep slopes and/or those facing busy arterial streets and very limited pedestrian traffic mayt warrant some flexibility to this standard (particularly in residential districts);. b. FAÇADE TRANSPARENCY: The proposed alternative design treatment of façade area between ground level windows provides visual interest to the pedestrian and mitigates impacts of any blank wall areas. No less than 40 percent of the façade between 30 inches and ten feet above the sidewalk may be approved with a departure; c. PARKING LOCATION: There must be an acceptable tradeoff in terms of the amount and quality of storefront area that is integrated with the development and the applicable parking location departure. Plus, the alternative must include design features to successfully mitigate the visual impact of additional parking areas along designated landscaped streets. D. Mixed block frontages. 1. Description/intent. The mixed block frontage designation serves areas that accommodate a mixture of ground floor uses and allows a diversity of development frontages provided they contribute to the visual character of the street and enhance the pedestrian environment. 2. Vision. Figure 38.510.030.D provides a depiction of relationship between the street, sidewalk and storefront for a property designated for a mixed block frontage. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 384 December 20, 2017 UDC update 7-28-2017 draft Storefront Landscaped Frontage OR Figure 38.510.030.D Mixed block frontage options and standards. 32. Standards. All development as set forth in UDC 38.510.010.B on sites containing a mixed block frontage have the option to comply with either the Storefront or Landscaped block frontage provisions as set forth above, with the following modifications (on applicable block frontages): Table 38.510.030.C Mixed block frontage standards. Element Standards ( refers to departure opportunities, see subsection 38.510.030 below) Examples & Notes Building placement Buildings may be placed up to the sidewalk edge provided they meet storefront standards set forth above. See section 38.510.030.J for special design provisions associated with ground level residential uses adjacent to a sidewalk. Covered or uncovered porches may project up to 6’ into the front setback. 10’ minimum front setback for other buildings, except where greater setbacks are specified in the district per division 38.220. The minimum setback for buildings with ground floor residential uses is 10’.  Façade transparency Generally, the amount of transparency of façades depends on the use and setback from the street. Any storefront buildings on these block frontages must meet the storefront block frontage transparency standards above.  Other buildings designed with non-residential uses on the ground floor within 10’ of sidewalk, at least 40% of the ground floor Window area that is glazed over or covered in any manner that obscures visibility into the storefront space shall not count as transparent window area. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 385 December 20, 2017 UDC update 7-28-2017 draft Table 38.510.030.C Mixed block frontage standards. Element Standards ( refers to departure opportunities, see subsection 38.510.030 below) Examples & Notes between 4’-8’ above the ground level surface.  Other buildings designed with non-residential uses on the ground floor within 20’ of the sidewalk, at least 25% of the ground floor between 4’-8’ above the ground level surface.  Residential buildings, at least 15% of the entire façade (all vertical surfaces generally facing the street).  Windows must be provided on all habitable floors of the façade. Façade transparency example – non-residential use. Façade transparency example - residential use. 43. 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: For residential uses, provide design treatments that create an effective transition between the public and private realm. This could include a stoop design or other similar treatments that utilize a low fence, retaining wall, and/or hedge along the sidewalk. Figure 38.510.030.D.4 Stoop examples. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 386 December 20, 2017 UDC update 7-28-2017 draft E. Gateway block frontages. a. Description/intent. The Gateway block frontage designation serves strategic areas fronted by highways or other high visibility arterials that feature heavy vehicular traffic, but there is a desire to provide attractive landscaped frontages, limit the extent of visible surface parking, and accommodate the needs of pedestrians. b. Vision. Figure 38.510.030.E provides a depiction of relationship between the street, sidewalk and storefront for a property designated for the Gateway block frontage. Figure 38.510.030.E Gateway block frontage vision. 32. Standards. All development as set forth in UDC 38.510.010.B on sites containing the gateway block frontage designation must comply with the landscaped block frontage provisions as set forth above, with the following modifications: Table 38.510.030.E Gateway frontage standards. Element Standards ( refers to departure opportunities, see subsection 38.510.030 below) Examples & Notes Building placement The minimum setback for buildings is 25’.  Building entrances At least one (publicly accessible for commercial buildings) building entrances must be visible and directly accessible from the street.  BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 387 December 20, 2017 UDC update 7-28-2017 draft Table 38.510.030.E Gateway frontage standards. Element Standards ( refers to departure opportunities, see subsection 38.510.030 below) Examples & Notes Parking location& driveways Surface and structured parking must be placed to the side, rear, below or above uses. For multi- building developments, surface and structured parking areas (ground floor) are limited to no more than 60% of the street frontage.  43. Departure criteria. See subsection C.4 of this section for criteria. F. Internal roadway storefront block frontages. 1. Description/intent. The Internal roadway storefront block frontage designation is intended to apply to some existing commercial storefront areas that are located on internal roadways streets. This designation intends to reinforce and enhance the storefront environment if and when changes occur over time. 2. Standards. Development as set forth in UDC 38.510.010.B on sites containing the internal roadway storefront block frontage designation must comply with the storefront block frontage standards as set forth above, with only the following modifications: Table 38.510.030.F Internal roadway storefront block frontage standards. Element Standards ( refers to departure opportunities, see subsection 38.510.030 below) Façade transparency At least 50% of ground floor between 30” and 10’ above the sidewalk.  Landscaping A planting strip with a tree must be integrated along the sidewalk every 540’ of lineal frontage on average. Sidewalk width 12’ minimum walking surface (landscape planter areas may not be counted in the sidewalk width calculations).  3. Departure criteria. See subsection B.4 of this section for criteria. G. Other block frontages. 1. Description/intent. All other block frontages in districts that are not designated in Community Design Framework Maps are provided greater flexibility with regards to the design of development frontages. These block frontages includes a combination of side streets (where most uses often front on other adjacent streets) and, service oriented streets (often characterized by industrial or service types of uses), and heavy arterial streets. While there is BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 388 December 20, 2017 UDC update 7-28-2017 draft greater flexibility in the amount of transparency of façades and the location of surface and structured parking, design parameters are included to ensure that development frontages along these streets provide visual interest at all observable scales and meet the design objectives of the city. 2. Standards. All development as set forth in UDC 38.510.010.B with applicable block frontage designations must comply with standards below (on applicable block frontages):: Table 38.510.030.G Other block frontage standards. 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 Storefront block frontage standards above herein are met (except where otherwise noted herein). 10’ minimum front setback for other buildings, except where greater setbacks are specified in the district per division 38.220.  The minimum setback for buildings with ground floor residential uses is 10’. See section 38.510.030.J for special design provisions associated with ground level residential uses adjacent to a sidewalk. Covered or uncovered porches may project up to 6’ into the front setback. Building entrances Building entrances facing the street are encouraged. At a minimum, 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 shallmust 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 389 December 20, 2017 UDC update 7-28-2017 draft Table 38.510.030.G Other block frontage standards. 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 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. I. Trail/ Park frontages. Where a property fronts onto a park or a public trail, such frontages must comply with the mixed block frontage standards set forth in subsection D of this section. For non- residential developments/uses where the review authority determines that an orientation to the trail would not be appropriate based on the context of the site, the development must be subject to the standards for “other block frontages” set forth in subsection G above, with a minimum building setback of 20 feet from the applicable park/trail right-of-way, easement, or property line. The development in the left image includes a courtyard that orients towards the trail. The low fence allows visibility between the uses, yet divides public and private space in an acceptable manner. The right image illustrates an active commercial use fronting on the trail. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 390 December 20, 2017 UDC update 7-28-2017 draft Figure 38.510.030.I Park/trail frontage examples J. Special residential block frontage standards along sidewalks and internal pathways. For residences with ground floor living spaces facing a sidewalk or pedestrian path in a residential or mixed use development, the building must feature at least one of the public/private space transition elements described below. The objective of this standard is to ensure privacy and security for residents, and an attractive and safe pathway that complements the qualities of adjoining residences within a residential complex. 1. Raised deck or porch option. Provide at least a 60 square foot porch or deck raised at least one foot above grade. The porch or deck must be at least six feet deep, measured perpendicular to the building face. (The deck may be recessed into the unit floor plan so that deck does not extend from the building face a full six feet.) A low fence, rail or hedge, two feet to four feet high, may be integrated between the sidewalk or internal pathway and deck or porch. 2. Front setback options. Provide a minimum ten-foot setback between the sidewalk or internal pathway and the face of the residence. Design options for the front setback: a. Landscaped area, meeting the provisions of division 38.550. b. Semi-private patio space screened by a low fence or hedge (see section 38.350.060). 3. Raised ground floor. If the residence’s ground floor is a minimum of three feet above the grade adjacent to the building, then the landscaped area in option 2 above may be reduced to four feet wide (except where greater setbacks are specified for the applicable zoning district in division 38.320).  Other transition design measures that adequately protect the privacy and comfort of the residential unit and the attractiveness and usefulness of the pathway at least as effectively as options 1 through 3 above. See Figure 38.510.030.J below for examples of the above treatments. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 391 December 20, 2017 UDC update 7-28-2017 draft The upper left image uses a low fence and landscaped setback. The right images use landscaped terraces and elevated ground level units. The lower left image uses a landscaped berm between the pathway and semi- private open space. Figure 38.510.030.J Acceptable public/private transitional space design between sidewalk or pathways and ground level residential units. K. Where a property fronts onto multiple streets/frontage designations. Where a property fronts onto more than one street and each street has a different frontage designation, each building frontage must comply with the standards for the block frontage upon which it fronts, with the following clarifications: 1. Where a conflict exists between frontage standards, the review authority will apply the standards of a block frontage pursuant to the following order of preference: a. Storefront; b. Mixed; c. Landscaped; then d. Other. Items 2-5 below clarify how the order of preference works for particular frontage elements. 2. Building Location: For corner sites with landscaped block frontage on one street and storefront or mixed on another, a storefront frontage may wrap around the corner (on the landscaped block frontage side) for up to a half block width or no more than 120 feet (whichever is more). 3. Entrances: For corner sites, entrances on both streets are encouraged, but only one entrance is required. For corner sites with frontage on a storefront block frontage on one side, an entrance must be placed on the storefront block frontage side. For corner sites with a mix of designations that do not include a storefront block frontage, the entry must be placed on the order of preference identified above.  Departures may be considered provided the location and design of the entry and block frontage treatments are compatible with the character of the area and enhance the character of the street. 4. Transparency: For corner sites – at least one block frontage must meet the applicable transparency standards (based on the order of preference above). For the second block frontage, the review authority may approve a reduction in the minimum amount of transparency by 50 percent. For street corners with the same designations on both frontages, buildings must BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 392 December 20, 2017 UDC update 7-28-2017 draft employ the full transparency on the dominant frontage (based on the frontage width or established neighborhood pattern). 5. Parking: Surface parking (including ground floor parking in a structure) adjacent to a street corner is not allowed, except: a. Corner lots with non-designated frontages (other) on both streets; b. Other combination of block frontages, except those with a storefront designation, via a departure and subject to the applicable departure criteria. Figure 38.510.030.K Clarifying block frontage standards on street corners. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 393 December 20, 2017 UDC update 7-28-2017 draft L. Community Design Framework Master Plan. Recently annexed or rezoned commercial or mixed-use properties, as well as strategic large undeveloped sites, necessitate a different approach to applying block frontage standards. The provisions below identify the intent, applicable sites, block frontage designation options, and special standards for developing community design framework master plans. 1. Intent. a. To provide a thoughtful and fair process to plan for the development of large and new commercial and mixed-use sites consistent with Bozeman’s growth policy. b. To promote an arrangement of streets, buildings, open space, parking and service areas that create a strong sense of community and enhance the character of Bozeman. c. To avoid uncoordinated patterns of development that waste valuable land, compromise vehicular and pedestrian access, and degrade the character of Bozeman. 2. Applicable sites. a. Recently annexed sites zoned as one of the commercial or mixed-use zoning districts. b. Sites recently rezoned as one of the commercial or mixed-use zoning districts that are not addressed in the community design framework maps. 3. Block frontage designation options. a. Prior to development of applicable sites, a community design framework master plan must be developed, approved and recorded for the property per the procedures set forth in section 38.230.130. The master plans must include: (1) New streets and internal roadways along with block frontage designations (types included in this section). (2) Any designated high visibility street corners. (3) Any planned open spaces, trails, and shared use paths. (4) Any special phasing conditions. (5) Other special design conditions unique to the site and plan that must be implemented with future site plan development. b. Community design framework master plans may utilize any existing block frontage designations that border the site, or include an alternative block frontage designation type or types, subject to master plan approval. c. Alternatively, site plan development may occur on applicable sites without an approved and recorded community design framework master plan, provided all block frontages comply with the standards for mixed block frontages as set forth in subsection D of this section. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 394 December 20, 2017 UDC update 7-28-2017 draft 4. Master plan design standards. Community design framework master plans must meet the intent as set forth above plus the following parameters for specific sites: Table 38.510.030.L Community design framework master plan design standards The provisions below are intended to guide the design of individual community design framework master plans. They are referred to as standards, since all proposed plans must successfully demonstrate how they comply with the provisions herein. All Sites  Configure site to create a pedestrian-oriented focal point. Such a focal point could be a main street (storefront), a central square surrounded by storefronts or other similar elements.  Larger sites have greater expectations in the amount of storefront designated frontages.  Goals, policies and concepts from adopted plans must be used to help determine compliance with these standards. Examples of commercial centers configured to create a pedestrian-oriented focal point. In the left examples, site development is configured to create a “main street” with storefronts along the main internal roadway. Parking lots are carefully located to the rear of buildings. The right image illustrates a similar concept and includes a centralized plaza space. Figure 38.510.030.L Development examples. 5. Community design framework master plans are subject to the application requirements and procedures set forth in section 38.230.130. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 395 December 20, 2017 UDC update 7-28-2017 draft 38.520 Site Planning & Design Elements (New) Sec. 38.520.010. – Purpose. A. Preserve and protect the public health, safety, and welfare of the citizens of Bozeman. B. To promote thoughtful layout of buildings, parking areas, and circulation, service, landscaping, and amenity elements that enhances Bozeman’s visual character, promotes compatibility between developments and uses, and enhances the function of developments. Also see the individual “intent” statements for each section in this division. Sec. 38.520.020. – Applicability and compliance. The provisions of this division apply to all development within Bozeman, except single to four-, two, and three-household dwellings on individual lots. The excepted dwellings are subject to the form and intensity standards in section 38.360.210. Townhouses and rowhouses are subject to the form and intensity standards in section 38.360.240. Also: A. For clarification on the relationship between the provisions in this division and other documents and codes, see section 38.500.020.A. B. For the application to building additions, remodels see section 38.500.020.B. C. For clarification on how the provisions of this division are applied to site improvements, see sections 38.230.150, 38.230.160, and 38.230.170. D. The review authority may waive or relax these provisions in the industrial zones depending on the type of use, number of anticipated employees and customers, and the site’s physical context. A greater number of employees and/or customers and higher visibility levels warrant a greater application of building design standards. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 396 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.520.030. – Relationship to adjacent properties. A. Intent. 1. To promote functional and visual compatibility between developments. 2. To protect the privacy of residents on adjacent properties. B. Balconies along side and rear property lines adjacent to residentially zoned properties. Balconies or rooftop decks within 15 horizontal feet of a side property line abutting a residentially zoned property must feature a railing system that is at least 50 percent opaque. Specifically, 50 percent of the area below the railing must be a sight-obscuring structure. Figure 38.520.030.B Privacy Standards for Balconies Within 15 Feet of Side or Rear property lines Departures from this standard will be allowed if the balcony will not cause visual or privacy impacts due to its location, orientation, design or other consideration. C. Light and air access and privacy along side and rear property lines. Buildings or portions thereof containing multi-household dwelling units whose only solar access (windows) is from the applicable side of the building (facing towards the side property line) must be set back from the applicable side or rear property lines at least 15 feet. See Figures 38.520.030.B and C. Departures will be allowed where it’s determined that, based on the unique site context, the proposed design won’t create a compatibility problem in the near or long term. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 397 December 20, 2017 UDC update 7-28-2017 draft Figure 38.520.030.C Light and air access and privacy standards for multi-household residential buildings along side/rear property lines. Sec. 38.520.040. – Non-motorized circulation & design. A. Intent. 1. To improve the pedestrian and bicycling environment by making it easier, safer, and more comfortable to walk or ride among residences, to businesses, to the street sidewalk, to transit stops, through parking lots, to adjacent properties, and connections throughout the city. 2. To enhance access to on- and off-site areas and pedestrian/bicycle paths. B. Access to sidewalk. All buildings must feature pedestrian connections to a sidewalk per applicable block frontage standards in division 38.510. See subsection D below for access design requirements. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 398 December 20, 2017 UDC update 7-28-2017 draft Figure 38.520.040.B Examples of direct pedestrian access to buildings from the street. C. Internal circulation. 1. For sites with multiple buildings, pedestrian paths or walkways connecting businesses and residential entries on the same development site must be provided. Routes that minimize walking distances must be utilized to the extent practical. Departures will be allowed where steep slopes prevent a direct connection or where an indirect route would enhance the design and/or use of a common usable open space. See subsection D below for walkway design standards. Figure 38.520.040.C.1 Internal and external pedestrian connections are important. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 399 December 20, 2017 UDC update 7-28-2017 draft 2. Sites with residential units. Provide direct pedestrian access between all ground related unit entries and a public street or to a clearly marked pathway network or open space that has direct access to a public street. Residential developments must provide a pedestrian circulation network that connects all main entrances on the site to other areas of the site, such as: a. Parking areas; b. Recreational areas; c. Common outdoor areas; d. Any pedestrian amenities; For townhouses or other residential units fronting the street, the sidewalk may be used to meet this standard. The entries of the example on the left connect directly to a public sidewalk while the entries in the right example connect to a common path that extends to the sidewalk. Figure 38.520.040.C.2.a Direct pathways between the street and dwelling units are required. Figure 38.520.040.C.2.b Examples of attractive pathway connection through a residential development. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 400 December 20, 2017 UDC update 7-28-2017 draft 3. Crosswalks are required when a walkway crosses an on-site paved area accessible to vehicles. Crosswalks must contain contrasting material (such as concrete) and/or patterns (such as stamped asphalt), excluding painted surfaces. 4. Pedestrian paths through parking lots. Developments must provide specially marked or paved sidewalks through parking areas. At least one walkway must be provided every four rows of parking or at a maximum spacing of 200 feet. The pathways must provide a safe connection to the building entrance and meet the pathway design standards set forth in subsection D below. See examples below. Note the location of the parking lot pathway in the upper right example (connecting shops in one building to the main entry of a grocery store). 5 Note in both examples that the concrete pathway extends into the vehicular area to provide a highly visible and safe crosswalk. Figure 38.520.040.C.4 Parking area pathway standards and examples. 5. Connections to adjacent properties (including parks and trails). Provide pathways that connect to adjacent properties, except in one of the following circumstances: a. When adjacent properties are residential developments of fewer than five dwelling units. b. Departures are permitted where it is determined that internal connections aren’t necessary due to shallow lot depths, steep slopes, or other contextual challenges. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 401 December 20, 2017 UDC update 7-28-2017 draft 6. Barriers that limit future pedestrian access are prohibited. Gates that limit access to employees are permitted. See subsection D below for walkway design standards. 7. Provide easements for non-motorized access to facilitate the future extension of paths when adjoining properties are improved. D. Pathway design. 1. All internal pathways must have a minimum five-foot-wide unobstructed surface, except where wider pathways are prescribed in this division or where the applicable uses and context dictate wider pathways. 2. Where parking is adjacent to perpendicular or angled parking, an extra two feet of walkway width must be provided to mitigate for parked vehicles overhanging the walk way. 3. Pathways must be separated from structures by at least three feet of landscaping except where the adjacent building façade meets the Storefront block frontage standards per section 38.510.030.B. Departures are permitted for other landscaping and/or façade design treatments to provide attractive pathways will be considered. Examples include sculptural, mosaic, bas- relief artwork, or other decorative treatments that meet the intent. Figure 38.520.040.D.3 below provides one example. Internal walkways adjacent to building walls that do not meet storefront façade standards must provide at least three feet of landscaping to enhance the character of the walkway. The review authority will consider alternative treatments, such as decorative walls (right example). Figure 38.520.040.D.3 Standards for internal walkways adjacent to buildings 4. Pathway design where multi-tenant commercial or mixed-use buildings 100 feet or more in length abut parking lots. Such pathways must feature a 12-foot wide sidewalk with: a. Eight feet minimum unobstructed width: b. Trees, as approved by the review authority, placed at an average of 50 feet on-center and placed in grates or in planting strips as set forth in subsection C below. Departure: Breaks in the tree coverage will be allowed near major building entries to enhance visibility. c. Planting strips may be used between any vehicle access or parking area and the pathway, provided that the trees required above are included and the pathway meets the applicable width standards herein, and the combined pathway and planting strip is at least 12 feet wide; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 402 December 20, 2017 UDC update 7-28-2017 draft Figure 38.520.040.D.4 Example of a successful pedestrian sidewalk between parking lot and storefront. d. Light pathways in accordance with division 38.570; e. See also section 38.520.050.D, internal roadway design; f. Hard surface. E. Bicycle facilities. Provide bicycle racks, lockers, or other means of safely and conveniently parking bicycles at the rate specified in section 38.540.050. Sec. 38.520.050. – Vehicular circulation & parking. The standards herein supplement the provisions of divisions 38.400 and 540. Where there is a conflict, these provisions apply. A. Intent. 1. To create a safe, convenient, and efficient network for vehicle circulation and parking. 2. To enhance the visual character of interior access roads. 3. To minimize conflicts with pedestrian circulation and activity. B. Driveway provisions. Drive aisles must meet the standards set forth in section 38.400.090. Supplemental provisions: Minimize parking lot entrances, drive aisles, and other vehicle access routes onto private property from a public right-of-way through the following means: 1. Driveway lanes crossing a public sidewalk must be no wider than the minimum required per entry or exit lane. The city may impose additional restrictions to parking lot and vehicle access points to reduce impacts to public safety, pedestrian movement, on-street vehicle circulation, and visual qualities. 2. Minimize the number of driveway entrances. Comply with the provisions of section 38.400.090. 3. The review authority may require joint drive aisles serving adjacent developments when joint access is physically and legally available. 4. Minimize conflicts between entries and vehicle parking and maneuvering areas. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 403 December 20, 2017 UDC update 7-28-2017 draft 5. At street corner sites, drive aisles must be located on the lowest classified roadway and as close as practical to the property line most distant from the intersection, unless the review authority finds there is a compelling reason to the contrary. C. Inter-site connectivity. The provision of through vehicle access connections between commercially or non-residentially zoned properties is required except where the review authority determines it is unfeasible or undesirable (e.g., where it is determined that such a vehicle connection would impact safe pedestrian movement). See section 38.410.040 for specific block standards. Vehicle access may be in the form of a dedicated or private alley, connected or shared parking lots, shared drive aisles, or similar features. D. Internal roadway design. 1. To increase the function and appearance of internal roadways on large sites (greater than two acres), street trees and sidewalks must be provided on all internal access roadways, except access roads designed solely for the purpose of service (e.g. waste pick-up) and loading. 2. In some instances where traffic speed and volume are low, the review authority may approve a street where vehicle, bicycle and pedestrian movement are mixed such as in a “woonerf” or “shared street.” Woonerf streets must feature traffic calming and safety measures as well as landscape and amenity features as determined by the review authority. The examples above include angled parking and planter strips with street trees. Pedestrian-scaled lighting also contributes to the character in the upper right image. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 404 December 20, 2017 UDC update 7-28-2017 draft The above left image illustrates a thoroughfare lane with a row of street trees. A sidewalk is included on one side of the street to provide a strategic connection between businesses. The right image illustrates the curbless “woonerf” design where travel speeds are low and lanes are shared between pedestrians and vehicles. Figure 38.520.050.D Good internal roadway examples. 3. Drive-through facilities. Where allowed, drive through facilities (e.g., drive-up windows) must comply with the following. a. Drive-through lanes, including waiting and holding lanes, must be separated from public view and internal sidewalks by a planting strip (at least five feet wide with continuous plantings of evergreen shrubs and/or trees that will provide continuous evergreen screen at least four feet tall at maturity) and/or a masonry wall at least three feet high.  Alternative landscaping schemes may be approved provided they include the masonry wall and a substantial vegetative screen. The landscaping must comply with division 38.560. b. Drive-through lanes must not restrict pedestrian access between a public sidewalk and on- site buildings. Walkways must not be located within required stacking space as set forth in section 38.540.020.N. c. Also see sections 38.360.100 and 38.540.020.N for related standards. Sec. 38.520.060. – On-site residential open space. A. Intent. 1. To create useable space that is suitable for leisure or recreational activities for residents. 2. To create open space that contributes to the residential setting. 3. To provide plazas that attract shoppers to commercial areas. 4. To provide plazas and other pedestrian oriented spaces in commercial areas that enhance the employees’ and public’s opportunity for active and passive activities, such as dining, resting, people watching, and recreational activities. 5. To enhance the character and attractiveness of commercial development. B. Usable residential open space. 1. All multi-household development, including multi-household portions of mixed-use development, must provide minimum usable open space equal to 100 square feet per dwelling unit for studio and one bedroom dwellings and 150 square feet per dwelling unit for dwellings with two or more bedrooms. All group living developments must provide minimum usable open space equal to 37 square feet per person. The required open space may be provided in a combination of ways: a. Shared open space. One hundred percent of the required open space may be in the form of shared open space available to all residents and meeting the requirements of subsection B.2 below. Shared open space may be in the form of courtyards, front porches, patios, play areas, gardens or similar spaces. b. Ground level private outdoor space. One hundred percent of the required open space may be provided by ground level outdoor space that is adjacent and directly accessible to the subject unit. Such open spaces must be enclosed by a fence and/or hedge at least 32 inches in height to qualify.* Departures to this standards are permitted. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 405 December 20, 2017 UDC update 7-28-2017 draft c. Balconies. Up to 50 percent of the required open space may be provided by private balconies provided they meet the requirements of subsection B.3 below.* d. Common indoor recreation areas. Up to 50 percent of the required open space may be provided by common indoor recreation areas meeting the requirements of subsection B.4 below. e. Shared roof decks. For mixed-use buildings, up to 100 percent of the required open space may be provided by shared roof decks located on the top of buildings which are available to all residents and meet the requirements of subsection B.5 below. * Individual private open space (as defined in subsections B.1.b and c) in excess of minimum requirements must not be used in the calculations for determining the minimum usable open space requirements for other units in the development. 2. Shared open space. Shared open space can include landscaped courtyards or decks; entrance plazas; gardens with pathways; children’s play areas; pools; and water features provided they are accessible to all residents of the development. Accessible areas used for stormwater retention or other multipurpose recreational and/or green spaces that meet the design criteria herein may qualify as shared open space. Special requirements for common usable open spaces include the following: a. Shared open space must be located in centralized areas that are visible from units within the development. b. Required setback areas does not count as shared open space unless the design of the space meets the standards herein. c. Shared open space must feature no dimension less than 15 feet in order to provide functional leisure or recreational activity (unless otherwise noted herein). d. Shared open space must feature paths or walkable lawns, landscaping, seating, lighting, and play structures, sports courts, or other pedestrian amenities to make the area more functional and enjoyable for a range of users. e. Shared open space must be separated from ground level windows, streets, service areas and parking lots via landscaping, fencing, and/or other acceptable treatments that enhance safety and privacy for both the shared open space and dwelling units. f. When possible the space should be oriented to receive sunlight, facing east, west or preferably south. g. Stairways and service elements located within or on the edge of shared open space must not be included in the open space calculations. h. Shared porches may qualify as shared open space provided they are at least eight feet in depth and 96 square feet in total area. i. The space must be accessible to all residents of the development. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 406 December 20, 2017 UDC update 7-28-2017 draft The upper left example include a combination of open lawn area for informal recreation plus walkways and decorative landscape areas to enhance the setting for residents. The upper right courtyard includes walkways, seating areas, landscaped beds, and decorative lighting to provide a visual and physical amenity for residents. The left image above includes a covered gathering space with outdoor grills adjacent to a landscaped commons with a central pathway. The right image includes a pond/wetland type area with boardwalk and seating areas. Figure 38.520.060.B.2 Shared open space examples. 3. Private balconies and decks. Such spaces must be at least 36 square feet, with no dimension less than six feet, to provide a space usable for human activity. 4. Indoor recreational areas. Such spaces must meet the following conditions: a. The space must be located in a visible area, such as near an entrance, lobby, or high traffic corridors; b. The space must be designed specifically to serve interior recreational functions and not merely be leftover unrentable area used to meet the open space requirement. Such space must include amenities and design elements that will encourage use by residents. 5. Shared rooftop decks. Such spaces must meet the following requirements: a. Space must feature hard surfacing, providing and amenities such as seating areas, landscaping, and/or other features that encourage use; b. Space must integrate landscaping elements that enhance the character of the space and encourage its use; c. Space must incorporate features that provide for the safety of residents, such as enclosures, railings, and appropriate lighting levels. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 407 December 20, 2017 UDC update 7-28-2017 draft Figure 38.520.060.B.5 Rooftop deck examples. C. Usable commercial open space. New developments with non-residential uses (except for development within the industrial zones) on sites with a total site area greater than one acre must provide open space equal to at least two percent of the development envelope. The open space may be in the form of pedestrian-oriented open space per subsection D below, garden, play area or other open space feature that serves both as a visual amenity and a place for human activity. Portions of sidewalks that are wider than 12 feet and which meet the standards of pedestrian- oriented open space may be counted toward this requirement. For this specific standard, “Site area” includes all land needed for the non-residential portion of the project including parking, service areas, access and required landscaping. Non-residential open space features must be approved by the review authority.  Reduced open space area will be considered by the review authority for projects that include exceptional design features and elements that meet the intent of the standards. This includes open spaces that feature a combination of design (site materials, amenities, and configuration) and location/context that clearly exceed typical plaza designs found in the region. All departures must feature usable open space no less than one percent of the development envelope. The “development envelope” on both sites is 102,400sf (2.35 acres). The minimum amount of usable commercial open space (2% of development envelope) is 2,048sf. The left example consolidates the open space into one plaza near the major building entry. The right example includes three separate open spaces at strategic, visible locations. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 408 December 20, 2017 UDC update 7-28-2017 draft Figure 38.520.060.C Example of site development integrating usable commercial open space. D. Pedestrian-oriented open space design criteria. This subsection describes the requirements and desired characteristics of pedestrian oriented open space (which may be used to meet the requirements of subsection C above). 1. Required pedestrian-oriented open space features. a. Visual and pedestrian access into the site from a street, private access road, or non- vehicular courtyard; b. Paved walking surfaces of either concrete or approved unit paving; c. Lighting must conform to division 38.570; d. The spaces must be located in or adjacent to areas with significant pedestrian traffic to provide interest and security, such as adjacent to or visible from a building entry; e. At least two feet of seating area (a bench or ledge at least 16 inches deep and appropriate seating height) or one individual seat per 60 square feet of plaza area or open space; f. Landscaping components that add visual interest and do not act as a visual barrier. This could include planting beds, raised planters, and/or potted plants. 2. Desirable pedestrian-oriented open space features: a. Pedestrian amenities, such as site furniture, artwork, drinking fountains, shade structures or other similar features; b. Adjacent buildings with transparent windows and doors covering at least 50 percent of the façade between 30 inches and 10 feet above the ground level; c. Pedestrian weather protection, alcoves, seating, or other features along building edges to allow for outdoor gathering. 3. Features prohibited within a pedestrian-oriented open space: a. Asphalt pavement; b. Adjacent service areas (e.g., trash areas) that are not separated with landscaping, as required in section 38.520.070. c. Adjacent chain-link fences; d. Adjacent "blank walls" without "blank wall treatment" (see 38.530.070.C); e. Outdoor storage. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 409 December 20, 2017 UDC update 7-28-2017 draft Figure 38.520.060.D.1 Example of a small pedestrian-oriented open space The left example above is a colorful plaza with outdoor seating, landscaping elements and direct access to adjacent retail uses. The upper right image is a commons area with adjacent covered areas. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 410 December 20, 2017 UDC update 7-28-2017 draft A covered outdoor gathering space (left) may be used to meet pedestrian-oriented open space requirements. In the right image, the widened sidewalk area may be counted as pedestrian-oriented open space. Figure 38.520.060.D.2 Desirable examples of pedestrian-oriented open space Sec. 38.520.070. – Location and design of service areas and mechanical equipment. Also see section 38.320.130 for trash and garbage enclosure requirements. A. Intent. 1. To minimize adverse visual, odor, and noise impacts of mechanical equipment, utility cabinets and service areas at ground and roof levels. 2. To provide adequate, durable, well-maintained, and accessible service and equipment areas. 3. To protect residential uses and adjacent properties from impacts due to location and utilization of service areas. B. Location of ground related service areas and mechanical equipment. 1. Service areas (loading docks, trash dumpsters, compactors, recycling areas, electrical panels, and mechanical equipment areas) must be located for convenient service access while avoiding negative visual, auditory, olfactory, or physical impacts on the streetscape environment and adjacent residentially zoned properties. Service areas must be sited for alley access if available. The review authority may require evidence that such elements will not significantly impact neighboring properties or public areas. (For example, the review authority may require noise damping specifications for fans near residential zones.) 2. Exterior loading areas. Exterior loading areas for commercial uses must not be located within 20 feet of a residentially zoned property unless the review authority finds such a restriction does not allow feasible development, and alternative design measures can successfully mitigate potential negative impacts. For example, areas and drives may be required by the review authority to be separated from the residential lot by a masonry wall at least eight feet high. 3. Service areas must not be visible from the sidewalk and adjacent properties. Where the review authority finds that the only option for locating a service area is an area visible from a public right-of-way, internal pathway or pedestrian area, or from an adjacent property, the area must be screened with structural and landscaping screening measures provided in subsection C below and division 38.550. Service elements accessible from an alley are exempt from screening requirements. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 411 December 20, 2017 UDC update 7-28-2017 draft 4. Design for safety. Other provisions of this section notwithstanding, service areas used by residents must be located to avoid entrapment areas and other conditions where personal security is potentially a problem. The review authority may require pedestrian-scaled lighting or other measures to enhance security. 5. Locate and shield noise producing mechanical equipment such as fans, heat pumps, etc.to minimize sounds and reduce impacts to adjacent residentially zoned properties. Locate service elements to reduce impacts on the residential and pedestrian environment, and provide appropriate enclosure Figure 38.520.070.B Service element location C. Screening of ground related service areas and mechanical equipment. 1. Where screening of ground level service areas is required (see subsection B above), the following applies: a. A structural enclosure must be constructed of masonry, heavy-gauge metal, or decay- resistant material that is also used with the architecture of the main building. The review authority may allow materials other than those used for the main building if the finishes are similar in color and texture or if the proposed enclosure materials are more durable than those for the main structure. The walls must be sufficient to provide full screening from the affected roadway, pedestrian areas or adjacent use. The enclosure may use overlapping walls to screen dumpsters and other materials (see Figure 38.520.070.C below); b. Gates must be made of heavy-gauge, site-obscuring material. Chain link or chain link with slats is not an acceptable material for enclosures or gates; c. Where the inside of service enclosures is visible from surrounding streets, pathways, and buildings, an opaque or semi-opaque horizontal cover or screen must be used to mitigate unsightly views. The horizontal screen/cover should be integrated into the enclosure design and compatible with adjacent development; d. Collection points must be located and configured so the enclosure gate swing does not obstruct pedestrian or vehicular traffic, or does not require that a hauling truck project into BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 412 December 20, 2017 UDC update 7-28-2017 draft any public right-of-way. Ensure that screening elements allow for efficient service delivery and removal operations. e. The service area must be paved. 2. The sides and rear of service enclosures must be screened with landscaping at least five feet wide in locations visible from the street, parking lots, and pathways to soften views of the screening element and add visual interest. Departures to the provisions of subsections B.1, 2, and 3 above will be considered per section 38.250.060 provided the enclosure and landscaping treatment meet the intent of the standards and add visual interest to site users. Figure 38.520.070.C Acceptable screening enclosures D. Utility meters, electrical conduit, and other service utility apparatus. 1. These elements must be located and/or designed to minimize their visibility to the public. Project designers are strongly encouraged to coordinate with applicable service providers early in the design process to determine the best approach in meeting these standards. If such elements are mounted in a location visible from the street, pedestrian pathway, shared open space, or shared auto courtyards, they must be screened with vegetation and/or integrated into the building’s architecture. All three examples use durable and attractive enclosures with trees and shrubs to soften views of the enclosures from the side. The lower left example uses a trellis structure on top – a desirable example particularly where the top of the enclosures are visible from surrounding buildings, streets, and walkways (due to topography or building heights). BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 413 December 20, 2017 UDC update 7-28-2017 draft Place utility meters in less visible locations. The upper and lower left examples are successfully tucked away in a less visible location and/or screened by vegetation. The right images are poorly executed and would not be permitted in such visible locations. Such meters must be coordinated and better integrated with the architecture of the building. Figure 38.520.070.D Utility meter location and screening – good and bad examples E. Location and screening of roof mounted mechanical equipment. 1. All rooftop mechanical equipment, including air conditioners, heaters, vents, and similar equipment must be fully screened from public view both at grade and from higher buildings with the exception of solar panels and roof-mounted wind turbines. Screening must be located so as not to interfere with operation of the equipment. 2. For rooftop equipment, all screening devices must be well integrated into the architectural design through such elements as parapet walls, false roofs, roof wells, clerestories, or equipment rooms. Screening walls or unit-mounted screening is allowed but less desirable. Wood must not be used for screens or enclosures. Louvered designs are acceptable if consistent with building design style. Perforated metal is not permitted. 3. The screening materials must be of material requiring minimal maintenance, and must be as high as the equipment being screened. 4. Locate and shield noise producing mechanical equipment such as fans, heat pumps, etc. to minimize sounds and reduce impacts to adjacent properties. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 414 December 20, 2017 UDC update 7-28-2017 draft The top illustration and the East Main Street building aerial and street view illustrate examples of rootop mechanical equipment that has been screened by walls (top illustration) or parapets (East Main Street building). Figure 38.520.070.E Examples of how to screen roof-mounted mechanical equipment. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 415 December 20, 2017 UDC update 7-28-2017 draft 38.530 Building Design (New) Sec. 38.530.010. – Purpose. See the individual “intent” statements for each section in this division. Sec. 38.530.020. – Applicability and compliance. The provisions of this division apply to all development within Bozeman, except single, two-, and three-household dwellings on individual lots unless otherwise noted. Specifically: A. For clarification on the relationship between the provisions in this division and other documents and codes, see section 38.500.020.A. B. For the application of building additions and remodels and site improvements, see section 38.500.020.B. C. For clarification on how the provisions of this division are applied, see section 38.500.030. D. The review authority may waive or relax these provisions in the industrial zones depending on the type of use, number of anticipated employees and customers, and the site’s physical context. The greater number of employees and/or customers and higher visibility levels warrant a greater application of building design standards. E. Place holder for Alternative Compliance Evaluation Path (ACEP) Sec. 38.530.030. – Building character. A. Intent. 1. To promote buildings with an architectural character that reflects the region’s aesthetic regionally appropriate architecture that and is based on human scaled design details, durable high quality materials, sustainable design measures, and that responds uniquely to the site’s context. 2. To emphasize that high quality design is most critical to Bozeman’s high visibility sites and corridors. 2. To emphasize high quality design in Bozeman’s built environment. 3. To avoid generic, corporate architectural designs that are not readily reusable or convert to another use that lessens the character and identity of Bozeman. For example, some franchise convenience uses have very specific architectural features (such as a distinctive roofline design that functions as a sign) that reinforce their identity. B. Building character standards and guidelines. 1. Developments within the Neighborhood Conservation Overlay District (NCOD) are subject to 38.340.050compliance with the guidelines for historic preservation & neighborhood conservation overlay district. Where there is a conflict between the NCOD guidelines and the standards of this division, the NCOD guidelines prevail. 2. The Bozeman design manual provides building design aspirations and guidance. It may be used as a tool to help determine whether departures to the building design standards in this division meet the intent of the standards. 3. The building design standards in this division 38.530 must be used to help form the character of new and remodeled buildings. C. Architecture that is defined predominately by corporate identity features and is difficult to adapt to other uses is prohibited. For example, some franchise convenience uses have very BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 416 December 20, 2017 UDC update 7-28-2017 draft specific architectural features (such as a distinctive roofline design that functions as a sign) that reinforce their identity. As tenants change in these types of buildings, these corporate identity features can negatively impact the character of the area and identity of new tenants. These features can also be very expensive to reconfigure and adapt to new uses. Sec. 38.530.040. – Building massing & articulation. A. Intent. 1. To employ façade articulation techniques that reduce the perceived scale of large buildings and add visual interest from all observable scales. 1. To articulate building elements in order to achieve an appropriate perceived scale and add visual interest. 2. To create clear and welcoming building entries. B. Façade articulation - Storefronts and other buildings with non-residential uses on the ground level façade must include articulation features every 40 feet (maximum) to create a human-scaled pattern. At least three of the following features must be employed at intervals no greater than 40 feet. B. Façade articulation - Storefronts and other buildings with non-residential uses on the ground level must include a minimum of three of the following articulation features every 60 feet (maximum) to create a human scaled façade pattern:  1. Windows. patterns and/or 2. Entries. 3. Use of weather protection features. 4. Use of structural expression. vertical piers/columns. 5. Change in roofline per subsection F below. 6. Change in building material or siding style. 7. Articulation of a single building material through varying colors, textures, or incorporating joints or an integrated trim pattern. 8. Other design techniques that effectively reinforce a human-scaled pattern compatible with the building’s surrounding context. Other features that could be used to meet the standards on block frontages that are not designated as storefront: 9. Providing vertical elements such as a trellis with plants, green wall, art element. 10. Providing vertical building modulation of at least 12 inches in depth if tied to a change in roofline per subsection F below or a change in building material, siding style, or color. Departures will be considered provided they meet the intent of the standards and the design criteria set forth in subsection D below: Exceptions: a. Only two articulation features are required on building façades in the BP district; b. Only one articulation feature is required on building façade s in the M-1 district; c. Buildings in the M-2 district are exempt from these standards. d. Building walls facing alleys, rear or side yards are not subject to the standards herein, except for zone edge properties, when adjacent to a lower-intensity zoning district. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 417 December 20, 2017 UDC update 7-28-2017 draft The left image uses window patterns, weather protection elements, and roofline modulation. The photo example to the right also includes window patterns and weather protection along with brick vertical piers to articulate the façade. The lower example illustrates how a multitenant retail building can successfully be articulated (windows, weather protection, vertical building modulation, and roofline changes) Figure 38.530.040.B Façade articulation examples. C. Façade articulation - Residential buildings must include articulation features at intervals that relate to the location/size of individual units within the building (or no more than every 30 feet) to break up the massing of the building and add visual interest and compatibility to the surrounding context. At least three of the following features must be employed at intervals no greater than the unit interval or 30 feet (whichever is less). C. Façade articulation - Residential buildings must include articulation features at appropriate intervals relative to the scale of the façade in order to reduce the perceived massing of the building and add visual interest. At least three of the following features must be employed at intervals relative to the individual dwelling units or at a maximum of every 30 feet. The scale of the façade articulation should be compatible with the surrounding context.  1. Use of windows 2. Entries. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 418 December 20, 2017 UDC update 7-28-2017 draft 3. Use of weather protection features. 4. Use of vertical piers/columns. 5. Change in roofline per subsection F below. 6. Change in building material, and/or siding style, and/or window pattern. 7. Articulation of a single building material through varying colors, textures, or incorporating joints or an integrated trim pattern. 8. Providing vertical building modulation of at least 12 inches in depth if tied to a change in roofline modulation per subsection F below or a change in building material, siding style, or color. Balconies may be used to qualify for this option if they are recessed or projected from the façade by at least 18 inches. Juliet balconies or other balconies that appear to be tacked on to the façade will not qualify for this option unless they employ high quality materials and effectively meet the intent of the standards. 9. Other design techniques that effectively break up the massing at no more than 30-foot intervals. 10. Providing vertical elements such as a trellis with plants, green wall, and/or art element. Departures will be considered provided they meet the intent of the standards and the design criteria set forth in subsection D below. Below examples use a combination of vertical building modulation, window patterns, material changes, and roofline modulation. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 419 December 20, 2017 UDC update 7-28-2017 draft Figure 38.530.040.C Residential façade articulation examples D. Departure criteria associated with articulation standards. Proposals must meet the intent of the standards. The following criteria will be considered in determining whether the proposed articulation treatment meets the “intent.” 1. The type and width of the proposed articulation treatment and how effective it is in meeting the intent given the building’s current and desired context (per Bozeman’s growth policy or applicable adopted subarea plan). 2. The applicable block frontage designation. Undesignated block frontages warrant more flexibility than block frontages designated as mixed or landscaped. 3. The size and width of the building. Smaller buildings warrant greater flexibility than larger buildings. 4. The quality of façade materials in concert with doors, windows, and other façade features and their ability to add visual interest to the street from a pedestrian scale and more distant observable scales. This building is a good departure example. Its two clear articulation features are the window patterns and the entry/building modulation feature (3 minimum are required). However, the overall effectiveness of these articulation features combined with the high quality of materials and detailing and the relatively small width of the building help it meet the intent of the standards. Figure 38.530.040.D Façade articulation departure examples E. Maximum façade width. For most buildings, small scale articulation techniques (see subsections B and C above) are sufficient to reduce the perceived scale of buildings, add visual interest, and contribute to the pedestrian environment. Larger buildings need more substantial articulated/modulated features to break up the massing and add visual interest. Building façades wider than 100 150 feet must include at least one of the following features to break up the massing of the building and add visual interest. Building walls facing alleys, rear or side yards BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 420 December 20, 2017 UDC update 7-28-2017 draft are not subject to the standards herein, except for zone edge properties, when adjacent to a lower intensity zoning district. Existing buildings are exempt from subsection E. 1. Provide vertical building modulation at least 20 six feet deep and 30 ten feet wide. For multi- story buildings, the modulation must extend through more than one-half of the building floors. 2. Use a contrasting vertical modulated design component that: a. Extends through all floors above the first floor fronting on the street. Exception: upper floors that are set back more than ten feet horizontally from the façade are exempt; ba. Utilizes a change in building materials that effectively contrast from the rest of the façade; cb. Is modulated vertically from the rest of the façade by an average of six inches. d. Is designed to provide roofline modulation per subsection F below; 3. Façade employs building walls with contrasting articulation that make it appear like two multiple distinct buildings. To qualify for this option, these contrasting façades must employ all of the following: a. Different building materials and/or configuration of building materials; b. Contrasting window design (sizes or configurations). Departures will be considered provided the design meets the intent of the standards. Supplemental consideration for approving alternative designs:  Width of the façade. The larger the façade, the more substantial articulation/ modulation features need to be.  Block frontage designation. Storefront designated block frontages warrant the most scrutiny, while undesignated streets warrant more flexibility.  The type of articulation treatment and how effective it is in meeting the intent given the building’s context. Less than 100 or 120’ 150’ wide: Meets standard More than 100 or 120’ 150’ wide: Does not meet standard BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 421 December 20, 2017 UDC update 7-28-2017 draft Building incorporates a 20’x30’ 6’x10’ courtyard along the façade to effectively break it up into smaller components: Meets standard. Both buildings use modulated entry feature to help break up the perceived massing and add visual interest. Figure 38.530.040.E Illustrating maximum façade width standards and good and bad examples. The left building on East Main (about 110’ wide) uses an articulated partial third floor along with smaller articulation treatments on the main floors to effectively break up the perceived scale and add visual interest (this would be a good departure example). The building to the right would not be an acceptable example. While the articulated features on the lower floors help, the monotony of the very long upper floor and roofline would not be acceptable. Figure 38.530.040.E Illustrating maximum façade width standards and good and bad examples. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 422 December 20, 2017 UDC update 7-28-2017 draft F. Roofline modulation. In order to qualify as a façade articulation feature in subsections B, C, and E above, rooflines must employ one or more of the following: 1. For flat roofs or façades with horizontal eave, fascia, or parapet, the minimum vertical dimension of roofline modulation is the greater of two feet or 0.1 multiplied by the wall height (finish grade to top of the wall) when combined with vertical building modulation techniques described in subsections above. Otherwise, the minimum vertical dimension of roofline modulation is the greater of four feet or 0.2 multiplied by the wall height an extension of the parapet or a break in the parapet of at least one foot measured from the adjacent roof or adjacent parapet. If no parapet is present a horizontal roof edge/eave extension of at least two feet. 2. A pitched roofline segment(s) scaled appropriately to the façade. or gabled roofline segment of at least 20 feet in width. Buildings with pitched roofs must include a minimum slope of 5:12 and feature modulated roofline components at the interval required per the applicable standard above. 3. A combination of the above. Departures will be considered provided the roofline modulation design effectively reduces the perceived scale of the building and adds visual interest. Roofline modulation examples for flat roofs. Figure 38.530.040.1 Acceptable examples of roofline modulation. The left building illustrates a pitched roof example and the right building includes a combination of flat and gabled rooflines. Figure 38.530.040.1 Acceptable examples of roofline modulation. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 423 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.530.050. – Building details. A. Intent: 1. To encourage the incorporation of design details and small-scale elements into building façades that are attractive at a pedestrian scale. 1. To encourage building façades with attractive design details at an appropriate pedestrian scale relative to the overall composition of the building. 2. To integrate window design that adds depth, richness, and visual interest to the façade. B. Façade details – non-residential and mixed-use buildings. All commercial and mixed-use buildings must be enhanced with appropriate details. All new buildings, additions and buildings associated with Level II and III Improvements (see section 38.500.020.B) must employ at least one detail element from each of the three categories below for each façade facing a street or public space for each façade articulation interval (see section 38.530.040). For example, a building with 120 feet of street frontage with a façade articulated at 40-foot intervals will need to meet the standards for each of the three façade segments below. 1. Window and/or entry treatment, such as: a. Display windows divided into a grid of multiple panes; b. Transom windows; c. Roll-up windows/doors; d. Other distinctive window treatment that meets the purpose of the standards; e. Recessed entry; f. Decorative door; g. Other decorative or specially designed entry treatment that meets the intent of the standards. C B A BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 424 December 20, 2017 UDC update 7-28-2017 draft Examples of decorative or specially designed windows and entries. A = Openable storefront window. B = Transom windows. C = Openable window with decorative details. D = Decorative window shades. E = Decorative door. F = Recessed entry. Figure 38.530.050.B.1 Examples of decorative or specially designed windows and entries 2. Building elements and façade details, such as: a. Custom-designed weather protection element such as a steel canopy, cloth awning, or retractable awning; b. Decorative building-mounted light fixtures; c. Bay windows, trellises, towers, and similar elements; d. Decorative, custom hanging sign(s) (option only available for building remodels); e. Other details or elements that meet the purpose of these standards. D E F C B A D F E BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 425 December 20, 2017 UDC update 7-28-2017 draft Examples of elements attached to façades that enhance the visual intrigue of the building. A = Retractable awning. B = Custom hanging bike rack and repair station integrated as a storefront design element. C = Decorative façade/sign lighting. D and E = Custom decorative canopy. F = Decorative tower. Figure 38.530.050.B.2 Examples of attached elements that enhance the visual intrigue of the building. 3. Building materials and other façade elements, such as: a. Use of decorative building materials/use of building materials. Examples include decorative use of brick, tile, or stonework; b. Artwork on building (such as a mural) or bas-relief sculpture; c. Decorative kick-plate, pilaster, base panel, or other similar feature; d. Hand-crafted material, such as special wrought iron or carved wood; e. Other details that meet the purpose of the standards. “Custom,” “decorative,” or “hand-crafted” elements referenced above must be distinctive or “one- of-a-kind” elements or unusual designs that require a high level of craftsmanship. Examples of decorative surface materials. A = Decorative brick/design. B = Decorative tile-work and column pattern. C = Decorative medallion. Figure 38.530.050.B.3 Examples of decorative surface materials D = Decorative mosaic tile work. E = Decorative bulkhead. F = Decorative materials and design. A B C F E F D BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 426 December 20, 2017 UDC update 7-28-2017 draft Figure 38.530.050.B.3 Examples of decorative surface materials Departures will be considered provided the façade (at the overall scale and at the individual articulation scale) meets the intent of the standards above. C B. Window design standards. 1 All windows (except storefront display windows) must be recessed at least two inches from the façade or incorporate other design treatments that add depth, richness, and visual interest to the façade. 1. All windows (except storefront windows and curtain walls) must include trim or other design treatment, or alternately be recessed at least two inches from the façade. Understated or trim- less windows without additional design treatment are permitted provided the placement and design is integrated into the overall composition of the building. 2. Prohibited windows: a. Mirrored glass is prohibited. b. Continuous ribbon windows are prohibited. Departures to the window standards above will be considered provided the design meets the intent of the standards. Recessed and/or trimmed windows. The window in the left image lacks any other detail that adds visual interest. Figure 38.530.050.C Acceptable and unacceptable window design examples DC. High visibility street corner and gateway sites. All development proposals located at designated high visibility street corners and gateway sites must locate a building or structure within 20 feet of the street corner and include special design features that accentuate the street corner. Alternatively, the building could be configured with a corner plaza. Corner design features could BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 427 December 20, 2017 UDC update 7-28-2017 draft include a cropped building corner with an special entry feature, decorative use of building materials at the corner, distinctive façade articulation, a sculptural architectural element, or other decorative elements that meet the intent of the standards. Figure 38.530.050.D below illustrates acceptable examples. Building 1 includes a corner tower. Building 2 features cropped building corners with decorative elements. Building 3 uses a decorative functional canopy. Building 4 uses a change in building materials and façade articulation at the corner. Building 5 incorporates a plaza at the corner. Figure 38.530.050.D Acceptable high visibility street corner /gateway site examples. Building 6 shows a decorative landscaped area with a trellis and neighborhood gateway sign. Figure 38.530.050.D Acceptable high visibility street corner /gateway site examples. 2 1 3 5 4 6 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 428 December 20, 2017 UDC update 7-28-2017 draft E. Cornice/roofline design. Buildings employing a flat roof must feature a distinctive roofline that effectively provides an identifiable “top” to the building. This could include a traditional cornice line or a contemporary interpretation of a traditional cornice line. Such rooflines must be proportional to the size and scale of the building. Understated cornice lines are permitted depending on the materials and design of the base and middle elements used to reinforce the base/middle/top configuration. Figure 38.530.050.E below illustrate acceptable and unacceptable examples. Building 1 uses a dramatic overhanging cornice at the corner. The left portion of Building 1 uses a very simple cornice line – to complement the upper level setback. Building 2 uses a traditional cornice line. Figure 38.530.050.E Examples of buildings employing confident and distinctive rooflines. Building 3 uses capped projecting columns along with an understated cornice line. Building 4 uses a very simple roofline – which is acceptable in this case due to the prominence of the wooden canopy. Figure 38.530.050.E Examples of buildings employing confident and distinctive rooflines. D. Active Solar Collection Units (electronic and hydronic) Rooftop solar units are permitted, provided the placement and design of units visible from the surrounding streetscape is carefully integrated into the overall design concept of the building. 2 1 4 3 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 429 December 20, 2017 UDC update 7-28-2017 draft FE. Articulated building entries. The pPrimary building entrance(s) for an office building, hotel, apartment building, public or community-based facility or other multi-story commercial building must be designed as a must be clearly defined and demarcated standout architectural feature of the building. Such entrances must be easily distinguishable from regular storefront entrances on the building. Such entries must be scaled proportionally to the building. See Figure 38.530.050.F below and the Bozeman design manual for good examples. Figure 38.530.050.F Acceptable building entry examples. F. Departures to building detail standards will be considered if they are determined to meet the intent of the standards in section 38.530.050 – Building Details. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 430 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.530.060. – Building materials. A. Intent. 1. To encourage the use of durable, high quality, and urban building materials that minimize maintenance costs and provide visual interest from all observable vantage points. 2. To promote the use of a distinctive mix of materials that helps to articulate façades and lends a sense of depth and richness to the buildings. 3. To place the highest priority on the first floor in the quality and detailing of materials at the pedestrian scale. 1. To encourage the use of durable materials to provide visual interest from vehicular and pedestrian vantage points with the highest priority at locations susceptible to damage from maintenance and weathering. B. Quality building materials. Applicants must use high quality durable materials. This is most important for the base of buildings, particularly for commercial and mixed-use buildings where the façade is sited close to sidewalks. At a minimum, stone, brick or tile masonry, or architectural concrete (first two feet only) must be used (excluding window and door areas) for the first floor of cladding on non-residential or mixed-use buildings and the first two feet of residential buildings. B. Durable building materials. Applicants must use durable materials. Where façades are located directly adjacent to a city sidewalk, impact resistant materials must be used (excluding window and door areas) for a minimum of the first 18 inches above the walking surface. C. Special conditions and limitations for the use of certain cladding materials. 1. Concrete block (a.k.a. CMU) may be used as a secondary cladding material if it is incorporated with other permitted materials. Alternative designs that use concrete block as the primary, but not the only, cladding material will be considered via departure provided the design incorporates a combination of textures and/or colors to add visual interest. For example, combining split or rock-façade units with smooth blocks can create distinctive patterns. The figures below illustrate acceptable concrete block use/designs. 1. Concrete block (a.k.a. CMU) when used as a primary cladding material, must be treated or articulated to provide visual interest above and beyond natural (uncolored, untreated) block with (matching) natural colored grout. Examples of such treatments include: (a) using ground, polished or split face units; (b) creating patterns/texture with different block sizes, face treatments, or colors; creating patterns/textures by modulating the finish plane of units; (c) utilizing contrasting grout color; (d) or utilizing sealers or painted treatments that enhance the finish of natural concrete block. Industrial zoning districts are exempt from subsection C. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 431 December 20, 2017 UDC update 7-28-2017 draft CMU is the primary cladding for the corner element above, but secondary to brick on the main façades. The corner element uses a combination of decorative split faced CMU closer to the sidewalk and smooth-faced CMU that is colored to look more like traditional white terra cotta tiles. The above façade illustrates an acceptable alternative example, as CMU is used as the primary cladding material. Note the use of split-façade CMU’s above each of the awnings and coupled with the use of smooth-façade CMU’s on the vertical columns (which employ black accent tiles for added interest). Figure 38.530.060.C.1 Acceptable concrete block use/design 2. Metal siding may be used as a secondary cladding material if it is incorporated with other permitted materials and complies with the following standards  a. It must feature visible corner molding and trim and must not extend to the ground level of non-residential and mixed-use buildings, and extend no lower than two feet above grade for residential buildings. Masonry, concrete or other durable material must be incorporated between the metal siding and the ground plane; b. Metal siding must be factory finished, with a matte, non-reflective surface. a. Metal siding must be a minimum 24 gauge thickness. Re-purposed metal siding is exempt from minimum thickness requirements provided its material integrity is intact. b. Metal siding must feature appropriate molding, trim, or hemming at all exposed edges and corners. c. Metal siding must be factory finished, or alternately purposefully designed to naturally patina. Highly reflective galvanized finished are prohibited. Re-purposed or re-claimed metal siding is permitted. Departures will be considered provided the material’s integration and overall façade composition meets the intent of the standards. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 432 December 20, 2017 UDC update 7-28-2017 draft The use of metal siding in each example above is secondary to masonry. The left and right images are more contemporary in character, whereas the middle image is more rustic and industrial, with more refined windows. Figure 38.530.060.C.2 Acceptable metal siding examples 3. Standards for the use of Exterior Insulation and Finish System (EIFS). Such material/finishes may be used as a decorative accent cladding material if it is incorporated with other permitted materials and it complies with the following: a. On buildings of three or more stories or 5,000 square feet in footprint or greater EIFS is limited to no more than 20 25 percent of the total façade area and is not the primary cladding material. On buildings of two stories or less or less than 5,000 square feet in footprint, EIFS is limited to 60 percent of the total façade area.; b. EIFS must feature a smooth or sand finish Highly textured EIFS finishes are prohibited; c. EIFS must be trimmed in wood, masonry, or other material and must be sheltered from weather by roof overhangs or other methods EIFS must include an integrated joint or trim pattern; d. EIFS must not be used on the ground floor when facing a street, internal access road or pathway. Concrete, masonry, or other durable material must be used for ground level wall surfaces to provide a durable surface where damage is most likely. EIFS must not be used on the ground floor when directly adjacent to a sidewalk, pedestrian or vehicular pathway. Departures will be considered provided the material’s integration and overall façade composition meets the intent of the standards. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 433 December 20, 2017 UDC update 7-28-2017 draft Note the use of brick and decorative concrete block on the ground level and EIFS on the second floor of the left image. The window treatments visible on the second floor add depth and interest to the façade. The right image employs EIFS between the window and sidewalk – this design is prohibited. Figure 38.530.060.C.3 Acceptable and unacceptable EIFS examples. 4. Cementitious wall board paneling/siding may be used provided it meets the following provisions: a. Cement board paneling/siding may not be used on the ground floor of non-residential or mixed-use buildings where adjacent to a sidewalk or other pedestrian path; b. Where cement board paneling/siding is the dominant siding material, the design must integrate a mix of colors and/or textures that are articulated consistent with windows, balconies, and modulated building surfaces and are balanced with façade details that add visual interest from the ground level and adjacent buildings. Departures will be considered provided the material’s integration and overall façade composition meets the intent of the standards. D. Departures to building materials standards will be considered if they are determined to meet the intent of 38.530.060 – Building Materials. Sec. 38.530.070. – Blank wall treatments. A. Intent. 1. To avoid untreated blank walls. 2. To retain and enhance the character of Bozeman’s streetscapes. B. Blank wall definition. A wall (including building façades and retaining walls) is considered a blank wall if it is over ten feet in height, has a horizontal length greater than 15 feet, and does not include a transparent window or door. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 434 December 20, 2017 UDC update 7-28-2017 draft Figure 38.530.070.B Blank wall definition C. Untreated blank walls visible from a public street, pedestrian-oriented space, common usable open space, or pedestrian pathway are prohibited. Methods to treat blank walls may include: 1. Display windows with at least 16 inches of depth to allow for changeable displays. Tack on display cases do not qualify as a blank wall treatment. 2. Landscape planting bed at least five feet wide or a raised planter bed at least two feet high and three feet wide in front of the wall with planting materials that are sufficient to obscure or screen at least 60 percent of the wall’s surface within three years. 3. Installing a vertical trellis in front of the wall with climbing vines or plant materials. 4. Installing a mural as approved by the review authority. 5. Special building detailing that adds visual interest at a pedestrian scale. Such detailing must use a variety of surfaces; monotonous designs will not meet the purpose of the standards. For large visible blank walls, a variety of treatments may be required to meet the intent of the standards. Departures to the provisions in this section will be considered, provided the design whole façade and applicable blank wall treatment methods meet the intent of the standards. Figure 38.530.070.C Acceptable and unacceptable blank wall treatments. Note in the far right example, the display cases don’t meet the 16” depth requirement, nor does the design meet the intent of the standards. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 435 December 20, 2017 UDC update 7-28-2017 draft 38.540 Parking (Article 25) Sec. 38.540.010. - General provisions. (38.25.010) A. Parking is one part of the overall multimodal transportation system. Individual choice of travel mode and development characteristics influences the need for parking. The purpose of this division 38.540 in requiring parking spaces is to ensure provision of off-street motor vehicle parking, bicycle parking, and other transportation access facilities in rough proportion to the generalized parking and transportation demands of different land uses which locate at a site. Some sites, such as those that are located in close proximity to transit, have good access to pedestrian facilities or have off-set peak uses may require less on-site parking. The purpose of these standards is to provide functional parking areas adequate to the needs of users, create shaded areas within parking lots, reduce glare and heat build-up, reduce stormwater surges, provide visual relief within paved parking areas, emphasize circulation patterns, avoid the negative impacts associated with spillover parking into adjacent neighborhoods (, while at the same time avoiding the negative environmental and urban design impacts that can result from excessive parking lots and other vehicular use areas), and enhance the visual environment. The provisions of this division are also intended to help protect the public health, safety, and general welfare by: helping avoid and mitigate traffic congestion; encouraging multimodal transportation options and enhanced pedestrian safety; providing methods to reduce the amount of impervious surfaces in parking areas and adequate drainage structures in order to reduce the environmental impacts of stormwater runoff; encouraging paving or alternate means of surfacing of parking areas in order to address dust abatement and improve air quality; and providing flexible methods of responding to the transportation and access demands of various land uses in different areas of the city. In achieving these purposes this division interacts with the requirements of division 38.550 of this chapter. The design of off-street parking must primarily beis the responsibility of the developer and must consider traffic circulation, intended landscaping, pedestrian access and circulation, and other purposes of this chapter. 1. Floor area. a. The term "floor area," for the purpose of calculating the number of off-street parking spaces required, must means 85 percent of the gross floor area, as defined in section 38.700.070 of this chapter. However, at the election of the property owner, floor area must means the gross floor area, as defined in section 38.700.080 of this chapter, minus the following: (1) Window display areas; (2) Storage areas; (3) Areas used for incidental repair of equipment used or sold on the premises; (4) Areas occupied by toilets and restrooms, kitchens or break rooms; (5) Areas occupied by public utility facilities; (6) Areas occupied by dressing rooms, fitting or alteration rooms incidental to the sale of clothing; (7) Areas occupied by stairways and elevators; (8) Corridors connecting rooms or suites of rooms; and (9) Enclosed areas used for parking vehicles. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 436 December 20, 2017 UDC update 7-28-2017 draft Such election must be made in writing to the community development director, must be signed and acknowledged by the owner, and must be filed with the community development director prior to the issuance of a building permit for such building. The owner must is also be responsible for certifying other information upon which parking requirements may be based, such as seats, and the number of employees on maximum working shift. b. Where applicable, the number of spaces required in section 38.540.050 will be the total of the spaces required for the component activities of certain uses, each calculated separately. 2. Change of use or occupancy of buildings. With any change of use or occupancy of any building or buildings an occupancy permit is required. When the change in use or occupancy requires more than a ten percent cumulative increase in parking over that required with the initial building construction, an occupancy permit must may not be issued until such additional parking spaces, in the amount required by this chapter, are provided for. 3. Improvement schedule. All parking area improvements to include surfacing, drainage, walkways, lighting, landscaping, screening, traffic control, etc., must be installed according to the provisions of division 38.270 of this chapter. 4. Stacking of off-street parking spaces. Required parking spaces must be located so as to preclude stacking of off-street parking spaces, with the exception of single- household dwellings and individual townhouse, rowhouse, and multi-householdcondominium units, and two unit structuresduplexes with physically separated individual drivewaysdrive aisles. Physical separation is provided when at least one of these options are providedemployed: individual garage doors for each interior parking space;, a vegetated planter not less than four feet in width between the parking spaces in the driveway area, or a wall not less than four feet in height and length, is provided between the parking area in the driveway and dividing divides the garage entrance. Generally, not more than two cars may be stacked. When stacking is allowed, not more than two vehicles may be stacked within an enclosed parking area. 5. No parking permitted in required front or side yardsetbacks. Required parking spaces must may not be located in any required front or side yardsetback, except that detached single-household dwellings and townhouses, and two unit structuresduplexes with physically separated individual drivewaysdrive aisles, may have one space located within a driveway area in the required front yardsetback for each parking space located directly in front of the driveway area and outside of the required front yardsetback. 6. Parking is permitted within required rear yardsetbacks. Sec. 38.540.020. - Stall, aisle and driveway design. (38.25.020) A. Parking dimensions. The following must be theare minimum parking space dimensions: Table 38.540.020: Dimensions of Parking Spaces and Modules Parking Angle Stall Length (A) Stall Width (B) Projection (C) Parking Aisle One-Way / Two- Way (D) Module One- Way / Two- Way (E) Interlock Reduction (F) Standard Parking Space - surface and structured parking facilities 30° 18' 9' 16.79' 13' / 21' 44.58' / 51.58' 2' 45° 18' 9' 19.09' 13' / 21' 51.18' / 58.18' 2' BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 437 December 20, 2017 UDC update 7-28-2017 draft Parking Angle Stall Length (A) Stall Width (B) Projection (C) Parking Aisle One-Way / Two- Way (D) Module One- Way / Two- Way (E) Interlock Reduction (F) 60° 18' 9' 20.09' 16' / 21' 56.18' / 61.18' 1' - 6" 75° 18' 9' 19.72' 16' / 21' 55.44' / 60.44' 1' 90° 18' 9' 18.0' — / 24' — / 60.0' — Compact Parking Space - surface and structured parking facilities 30° 16' 8' 15.79' 13' / 21' 42.58' / 49.58' 2' 45° 16' 8' 17.69' 13' / 21' 48.38' / 55.38' 2' 60° 16' 8' 18.36' 16' / 21' 52.72' / 52.72' 1' - 6" 75° 16' 8' 17.78' 16' / 21' 51.56' / 56.56' 1' 90° 16' 8' 18.0' — / 24' — / 56.0' — Individual Residential Garage Dimensional Standards - subject to 38.540.010.A.4 Number of Stalls Stall Length (A) Stall Width (B) Special Conditions 1 20' 9' Additional one foot on all exterior sides of the stall 2 or more 20' 9' Additional one foot on all exterior sides of the stalls Notes: 1 Unless otherwise approved, all parking spaces must be of standard width and length. In any parking facility containing 20 or more parking spaces, a maximum of 25 percent of the provided parking spaces may be reduced in size for small cars, provided these spaces must bearemust be clearly identified with a sign permanently affixed immediately in front of each space containing the notation, "Compacts Only." Where feasible, all small car spaces must be located in one or more contiguous areas and/or adjacent to ingress and egress points within parking facilities. Location of compact car parking spaces must not create traffic congestion or impede traffic flows. 2 The first ADA accessible parking stall must meet the standards of section 38.540.050.A.4.a. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 438 December 20, 2017 UDC update 7-28-2017 draft Figure 38.540.020 A, Parking stall dimensions. Figure 38.540.020 B Parking aisles from Table 38.540.020. B. Within structures. The off-street parking requirements may be furnished by providing spaces so designated within the principal building or accessory parking structure. However, no building permit must may be used to convert the parking structures into a dwelling unit or living area or other BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 439 December 20, 2017 UDC update 7-28-2017 draft activity until other adequate provisions are made to comply with the required off-street parking provisions of this chapter. C. Circulation between bays. Except in the case of one- to three-household dwellings and individual townhouse units, parking areas must be designed so that circulation between parking bays occurs within the designated parking lot and does not depend upon a public street or alley. Turning radii between bays and additional back-up length for dead end aisles must conform to requirements of the International Fire Code. D. Backing requirements. All required parking must have adequate back-up maneuverability as specified in Table 38.540.020. The aisle width calculation may incorporate the width of the public right-of- way. Except in the case of one- to four-household dwellings and individual townhouse-style units with individual garages, parking area design which requires backing into the public street is prohibited. With the exception of residential development, parking area design which requires backing into the public alley is prohibited. An exception to the prohibition to backing into the alley by nonresidential development may be granted by the review authority when function of the alley will not be impeded and when necessary due to local site conditions. E. Parallel parking spaces. Parallel parking spaces must be a minimum of 24 feet in length and seven feet in width measured from the inside edge of a curb or the inside edge of the asphalt if curbing is not present. Figure 38.540.020 C. Parallel parking layout F. Surfacing. Except for one-household development on individual lots, all areas intended to be utilized for permanent parking space and drivewaysdrive aisles must control dust and drainage. All proposed parking areas and driveway improvements must require a grading and drainage plan approved by the review authority. Areas must be paved with concrete or asphaltic concrete or approved pavers; or an alternative surfacing method such as pervious pavement may be used, subject to review and approval by the review authority. Surfacing methods which minimize stormwater runoff and provide for functional parking and circulation are encouraged. 1. However, paving must is not be required for permitted and conditional uses in the R-S zoning districts when all of the following circumstances exist: a. The use is required to provide fewer than 15 parking spaces and no loading spaces under the provisions of this section; b. The lot or tract on which the use is located is not adjacent to a paved street or road; and BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 440 December 20, 2017 UDC update 7-28-2017 draft c. The applicant must enter into an improvements agreement with the city agreeing that the lot must be paved within nine months of the time an adjacent roadway is paved. G. Striping. All parking stalls must be marked with white or yellow painted lines not less than four inches wide, except for one- to three-household dwellings and individual townhouse units. An exception to this requirement may be approved by the city when the striping would otherwise be applied to an area that does not have a permanent and durable wearing surface. H. Lighting. Any lighting used to illuminate an off-street parking area must comply with the lighting standards of division 38.570. I. Signs. No sign must shallmay be so located which that it restricts the sight lines and orderly operation and traffic movement within any parking area. All signs must conform to the requirements of division 38.560 of this chapter. J. Parking lot curbing. 1. All open off-street parking areas and drivewaysdrive aisles must have perimeter concrete curb around the entire parking lot, including driving access ways, except for individual townhouse units and one- to three-household dwellings. Continuous concrete curbing must be built according to standards provided by the review authority. Unless otherwise approved, the perimeter curb must be six-inch by six-inch concrete. 2. Concrete pindown wheel stops may be permitted as an alternative to continuous concrete curbing in front of parking spaces which front on the perimeter of the parking lot. However, continuous concrete curbing as described above must be provided in all situations where deemed necessary by the review authority to control drainage and soil erosion. 3. Alternative perimeter treatment may be permitted subject to the approval of the city engineer. 4. Requirements for perimeter curbing must do not preclude opportunities for shared access between adjacent parking lots. K. Protruding vehicles. All on-site parking stalls which abut property lines must be designed and constructed such that parked vehicles must do not protrude over property lines. L. Pedestrian facilities in parking lots. Concrete sidewalks a minimum of three feet in width must be provided between any existing or proposed building and adjacent parking lot. Where sidewalk curbs serve as wheel stops, an additional two feet of sidewalk width is required. Figure 38.540.020 D. Curb stops. M. Snow removal storage areas. Snow removal storage areas must be provided sufficient to store snow accumulation on site. Such areas must may not cause unsafe ingress/egress to the parking areas, BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 441 December 20, 2017 UDC update 7-28-2017 draft must may not cause snow to be deposited on public rights-of-way, must may not include areas provided for required parking access and spaces, and must may not be placed in such a manner as to damage landscaping. All snow removal storage areas must be located and designed such that the resultant stormwater runoff is directed into landscaped retention/detention and water quality improvement facilities as required by the engineering department, or in compliance with the storm drainage provisions of chapter 40 article 4, and/or best practices manual. N. Parking and stacking for drive-in/drive-through facilities. Required parking and stacking spaces for waiting automobiles must provide a minimum of two stalls and six spaces for stacking per lane unless a traffic summary shows that fewer spaces may be required. These spaces must may not in any manner inhibit on-site or off-site vehicular circulation. O. Ownership/leasehold. Required parking lots must be owned or leased by the owner or lessee of the building or use being served by such parking. Such parking lots must be maintained as a parking lot so long as the building and/or use served is in operation or until another approved parking area is established for such building or use. P. Stormwater drainage. Stormwater drainage from parking lots must be directed into landscaped detention/retention facilities and water quality improvement facilities as required by the engineering department, or in compliance with the storm drainage provisions of chapter 40 article 4, and/or best practices manual adopted by the city. Q. Mechanical automobile lifts. Mechanical automobile lifts may be used to meet required parking when the mechanical automobile lift design allows for access to a specific car on demand. Parking spaces within the lift may be counted towards the required parking requirement. The mechanical automobile lift must be fully enclosed in a structure. Sec. 38.540.030. - Structured parking facility development standards. (38.25.025) A. All above ground structured parking facilities, regardless of location within the city, must conform to chapters 1 through 4 of the design objectives plan established pursuant to division 38.340 of this chapter. .In the event of a conflict between the design objectives plan and the standards of this section, the standards of this section must will govern. Exceptions: 1. Single-household dwellings and individual townhouse and multi-householdcondominium units with physically separated individual drivewaysdrive aisles. Physical separation is provided when at least one of these options are provided: Individual garage doors for each interior parking space;, a vegetated planter not less than four feet in width between the parking spaces in the driveway area;, or a wall not less than four feet in height and length, is provided between the parking area in the driveway and dividing the garage entrance; and 2. For development in the R-5 and B-2M districts, the applicable structured parking provisions in division 38.500 (Block Frontage Standards) must take precedence over any conflicting provisions of division 38.340 or related standards in this section. B. Building standards. 1. Intent: To promote an active and diverse streetscape, parking structures should be located behind buildings in the interior of blocks or below grade. Parking garages that front streets should must line the parking garage at the street level with an active use. a. Street designs accommodate on street parking and pedestrian mobility. Parking lots and garages rarely front the streets, and are typically relegated to the rear of the lot and the center of blocks. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 442 December 20, 2017 UDC update 7-28-2017 draft b. Parking garages should be located in the interior of blocks. Parking garages that front onto streets must provide a lining of retail, office, or residential use at the street level along the entire street frontage. Parking garages that provide this lining of retail, office, or residential use at the street level are classified as mixed-use buildings. 2. In all districts, all commercial floor space wrapping a parking structure on the ground floor must have a minimum floor-to-ceiling height of 12 13 feet. 3. Structured parking facilities must provide transparency along at least 50 percent of the linear length of the building's façade. This may be achieved with windows, displays, building lobbies, building entrances, display windows, or windows affording views into retail, office, or lobby spaces. This requirement must apply applies to both frontages of a building located on a corner lot. a. The bottom edge of any window or product display window used to satisfy the transparency standard of this subsection B.3 may not be more than four feet above the adjacent sidewalk. b. Product display windows used to satisfy these requirements must have a minimum height of four feet and be internally lighted. 4. Street-level openings on parking structures must be limited to those necessary for retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator lobbies. Parking structures adjacent to streets must have architectural detailing such as, but not limited to, standard size masonry units such as brick, divided openings to give the appearance of windows, and other techniques to provide an interesting and human-scaled appearance on the story adjacent to the sidewalk. 5. Buildings must be articulated with modules, architectural detailing, individual floors visually expressed in the façade, and rhythm and pattern of openings and surfaces must be human-scale. 6. Buildings must be oriented to the adjacent public or private street. Sec. 38.540.040. - Maintenance of parking areas. (38.25.030) A. It must beis the joint and separate responsibility of the lessee and owner of the principal use, uses or building to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping and required fences or screening. 1. Use of required parking areas for parking only. Required off-street parking spaces in any district must may not be utilized for open storage, sale or rental of goods, or storage of inoperable vehicles, except when permitted as a temporary use. 2. Parking spaces identified and maintained. All residential occupancies must provide required off- street parking spaces. When enclosing a carport or garage for storage or living purposes, an affidavit must be submitted to the community development director identifying the required parking spaces necessary to comply with section 38.540.050. Sec. 38.540.050. - Number of parking spaces required. (38.25.040) A. The following minimum number of off-street, paved parking spaces for motor vehicles and bicycles must be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth. When calculation of the required parking results in a fraction of a parking space being required, the fractional space is not required to be provided. 1. Residential uses. a. Minimum requirements. The number of spaces shown in Table 38.540.050-1 must be provided subject to the adjustments allowed in this subsection 1. The number of disabled parking stalls as required by Table 38.540.050-6 may be provided from the minimum number BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 443 December 20, 2017 UDC update 7-28-2017 draft of required parking stalls. All site plans submitted for permit purposes must identify parking space allocations. Fees may be charged by the landowner for the use of required parking spaces. (1) One parking space for each 24 uninterrupted linear feet of available street frontage usable for on-street parking directly adjacent to a lot may be deducted from the total parking spaces required for a development. The number of on-street spaces calculated must may not exceed the number of dwellings on the lot. The width of drive accesses, designated non-parking areas, vision triangles, and similar circumstances must may not be considered to be available for the purpose of on-street parking space. _____ Table 38.540.050-1 Dwelling Types Parking Spaces Required per Dwelling Accessory dwelling unit 1 Lodginghouse 0.75 spaces per person of approved capacity Efficiency unit 1.25 (1.0 in R-5) One-bedroom 1.5 (1.25 in R-5) Two-bedroom 2 (1.75 in R-5) Three-bedroom 3 (2.5 in R-5) Dwellings with more than three bedrooms 4 (3 in R-5) Group homes and community residential facilities 0.75 spaces per person of approved capacity1 Bed and breakfast 1 space/rental unit Manufactured home 2 All types of dwellings within the B-3 district 1 Group living /cooperative household/fraternity/sorority 1 space per resident1 1A facility may request to provide fewer parking spaces if they applicant provides evidence that some or all the residents are prohibited from operating motor vehicles. Under no condition must may less than two parking spaces be provided. If the use of the facility is altered to serve a different population who may operate motor vehicles, then the additional required parking must be provided before the change in use may occur. b. Adjustments to minimum requirements. (1) Affordable housing. When calculating the amount of required parking for affordable housing, as defined in section 38.700.020 of this chapter, if the project is guaranteed for use as affordable housing for a minimum period of 20 years and the use as affordable housing is subject to long term monitoring to ensure compliance and continued use as affordable housing, rRequired parking spaces must be calculated based on number of bedrooms outlined in Table 38.540.050-1, but must may not exceed two spaces per unit. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 444 December 20, 2017 UDC update 7-28-2017 draft (2) Residential uses in mixed-use projects. In order to utilize this section, the long term availability of the nonresidential parking spaces upon which the use of this section was based must be ensured to the residents of the project. For the purpose of this section a building is considered mixed-use if the nonresidential portion of the building is at least one-quarter of the gross square feet not used for parking. Residences in mixed-use buildings may count on-street parking per subsection 1.a.(1) of this section even if the area is subject to occupancy time limits. The use of this section does not preclude the use of other sections of this chapter which may have the effect of reducing the required amount of parking. When calculating the amount of required parking for residential uses within a mixed-use project the amount of parking may be reduced subject to Table 38.540.050-2. Table 38.540.050-2 Reduction Allowed Ratio of Required Nonresidential to Required Residential Parking Spaces 50% Greater than 1:1 but less than 3:1 100% Equal to or greater than 3:1 (3) A car-sharing agreement meeting the criteria established by the community development director may be used to meet the required number of parking spaces. To use this option the development must have more than five dwelling units. Each vehicle provided through a car sharing agreement counts as required parking at a ratio of one dedicated car-share space to five standard spaces, up to a maximum of 50 percent of the total required residential parking. (4) Transit availability. A residential development subject to site plan review may take a ten percent reduction in required parking spaces where the development is within 800 feet of a developed and serviced transit stop. For the purpose of this subsection a transit stop is eligible when it has a shelter installed which meets the standards of and is approved by the transit provider, and service is provided on not less than an hourly schedule a minimum of five days per week. 2. Nonresidential uses. a. Minimum requirements. The number of spaces shown in Table 38.540.050-3 must be provided subject to the adjustments allowed by this division 38.5450. Spaces are not required to be provided free to the user. The required number of disabled parking stalls required by the Americans with Disabilities Act Accessibility Guidelines (ADAAG) must may be provided from the minimum number of required parking stalls. Table 38.540.050-6 presents the most common requirement for accessible spaces. Accessible spaces count towards satisfying minimum parking requirements. All site plans submitted for permit purposes must identify parking space allocations. When a use is not included in Table 38.540.050-2, the review authority must will determine the appropriate classification for the purpose of required parking. b. Maximum parking. Provision of parking spaces in excess of 125 percent of the minimum number of spaces required for the net floor area in this subsection 2 is not permitted. Table 38.540.050-3 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 445 December 20, 2017 UDC update 7-28-2017 draft Use Type Off-Street or Off-Road Parking Spaces Required Automobile sales 1 space per 200 square feet of indoor floor area; plus 1 space per 20 outdoor vehicle display spaces Automobile service and/or repair station 2 spaces per service stall, but no less than 4 spaces Automobile washing establishment Automatic drive-through 3 spaces or 1 for each employee on maximum shift; plus stacking space Self-service 2 spaces per stall not including washing or drying spaces Bank, financial institutions 1 space per 300 square feet of floor area Bowling alley 2 spaces per lane; plus 2 spaces per billiard table; plus Church 1 space per six persons of maximum occupancy load (as identified in the International Building Code) for main assembly hall, public assembly areas and classrooms Community or recreation center 1 space per 200 square feet of floor area Community residential facility with more than 9 residents or age restricted housing 1 space per unit Health and exercise establishment 1 space per 200 square feet of floor area; plus 3 spaces per court Day care centers 1 space per staff member plus 1 space per 15 children permitted Furniture stores over 20,000 square feet 3 spaces per 1,000 square feet of floor area Golf courses 1 space per 200 square feet of main building floor area; plus 1 space for every 2 practice tees in driving range; plus 4 spaces per each green in the playing area Hospitals 1 space per bed. Medical and dental offices 4 spaces for each full-time equivalent doctor or dentist; plus 1 space for each full-time equivalent employee Manufacturing and industrial uses 1 space per 1,000 square feet of floor area, plus 1 space per 2 employees on maximum working shift Motels, Hotels 1.1 spaces per each guest room; plus 1 space per employee on maximum shift; plus spaces for accessory uses as follows: Restaurants, bars, dining rooms 1 space per 60 square feet of indoor public serving area; plus 1 space per 120 square feet of outdoor (patio) area Commercial area 1 space per each 400 square feet of floor area Public assembly areas 1 space for each 5 seats based upon design capacity, except that total off-street parking for public assembly may be reduced by 1 space for every 4 guest rooms Nursing homes, rest homes or similar uses 4 spaces; plus 1 space for each 3 beds; plus 1 space for each employee on maximum shift Offices (except medical and dental) 1 space per 250 square feet of floor area BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 446 December 20, 2017 UDC update 7-28-2017 draft Use Type Off-Street or Off-Road Parking Spaces Required Outdoor sales (plant nurseries, building materials, equipment rental and similar) 1 space per 500 square feet of sales and/or display area. The size of the sales and/or display area must will be determined on a case-by-case basis. Restaurants, cafes, bars and similar uses 1 space per 50 square feet of indoor public serving area; plus 1 space per 100 square feet of outdoor (patio) area Retail store and service establishments 1 space per 300 square feet of floor area Sales sites; model homes 1 space per 250 square feet of model floor areas; plus 1 space per employee Schools Elementary and/or junior high 1.5 spaces for each classroom, library, lecture hall and cafeteria; plus 1 space for each 3 fixed seats in the area of public assembly, or 1 space for each 25 square feet of area available for public assembly if fixed seats are not provided Senior high 1.5 spaces for each classroom or lecture hall; plus 1 space per each 5 students; plus 1 space for each nonteaching employee; plus 1 space per each 3 fixed seats in the area of public assembly, or 1 space per 25 square feet of area available for public assembly if fixed seats are not provided Business or similar school 1 space for each 1.5 students Theater, auditorium or similar 1 space per 4 seats based upon place of assembly design capacity Warehousing, storage or handling of bulk goods 1 space per 1,000 square feet of floor area devoted to storage of goods; plus appropriate spaces to support accessory office or retail sales facilities at 1 space per 350 square feet of floor area c. Adjustments to minimum requirements. To implement the city's adopted growth policy, adjustment of parking requirements within certain areas of the city is desired. Use of this section must may not be considered as joint use of parking or off-site parking regulated by sections 38.540.060 and 38.540.070, nor must does the use of this section preclude the use of other sections of this chapter which may have the effect of reducing the required amount of on-site parking. More than one adjustment may apply. Multiple adjustments are added together to modify the minimum required parking from Table 38.540.050-3 in a single operation. Multiple adjustments are not applied sequentially. (1) Neighborhood commercial. Within the B-1 and R-O zoning districts implementing a small scale Community Commercial Mixed Use growth policy designation or the B-3 zoning district, the parking requirements for nonresidential uses may be reduced. Table 38.540.050-4 Use Allowable Reduction Retail 40 percent Restaurant 50 percent Office 20 percent BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 447 December 20, 2017 UDC update 7-28-2017 draft All others 30 percent (2) Community commercial and residential emphasis mixed use. Within zoning districts lying within a commercial node, as defined in section 38.700.040 of this chapter, and the REMU district the parking requirements for nonresidential uses may be reduced. Table 38.540.050-5 Use Allowable Reduction Retail 20 percent Restaurant 30 percent Office 10 percent All others 10 percent (3) Transit availability. Required parking may be reduced by ten percent in circumstances where the development is within 800 feet of a developed and serviced transit stop. For the purpose of this subsection a transit stop is eligible when it has publicly available cover from weather approved by the transit provider to be equivalent to a transit shelter, and service is provided on not less than an hourly schedule a minimum of five days per week. (4) Structured parking. An additional 15 percent reduction may be taken when the site is within 800 feet of a parking structure of at least 200 spaces, which is available to the general public, and for which a fee for parking is charged. (5) The first 3,000 gross square feet of a nonresidential building within the B-3 district or adjacent to designated Storefront block frontage per section 38.500.010 is not included in the calculation of required parking. (6) Property owners’ have the option of requesting the reduction of up to ten percent of the required parking spaces for nonresidential uses if: a. In addition to the minimum otherwise required by this chapter, two covered bicycle parking spaces are provided for each automobile space not provided; and b. For each ten or fraction of ten automobile parking stalls reduced, a nonresidential shower, changing area, and five clothing lockers are provided on-site. 3. Exceptions to these parking requirements. Because some situations (i.e., existing lots which have no landscaping, irregular lots, lots with topographic difficulties, etc.) would benefit from an alternative to the required maximum parking areas; because the community's appearance could benefit from additional landscaping, streetscaping and sculptural elements; and because parking exceptions and/or landscaping would encourage development within existing city boundaries; the following alternatives may be permitted. These alternatives may be proposed by the developer for review by the ADR staff. Such proposals may be approved based on a determination that such alternatives meet the following requirements and will not create a congested on-street parking situation in the vicinity of the proposal:. a. Landscaping in lieu of parking. Except in the B-3 district, property owners’ have the option of requesting the deletion of up to five required spaces or ten percent of the required parking BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 448 December 20, 2017 UDC update 7-28-2017 draft spaces, whichever is less, if 350 square feet of landscaping, trees or streetscaping is installed on the property for each space so deleted. This must does not decrease the amount of landscaping that would have been required with full parking, but must beis in addition to such landscaping. This option must be approved by the ADR staff. These improvements must be placed in the public right-of-way or yardsetbacks directly facing the right-of-way. b. Cash-in-lieu modifications to parking requirements in B-3 district. Where all or part of the required parking spaces can not be provided for a proposed use in the B-3 District, either through ownership or lease of the necessary land, the petitioner may satisfy the parking requirements by providing an equivalent cash-in-lieu payment according to the following provisions: (1) No building permit must be issued, nor must any use of property be initiated, unless a satisfactory cash-in-lieu payment is received by the department of administrative services; (2) The parking commission must review and consider all requests for cash-in-lieu payments and furnish a written and dated certificate, signed by the parking commission chair, authorizing cash-in-lieu payments. A copy of this certificate must be presented to the chief building official and community development director before a building permit is issued or the use instituted; (3) For each required parking space not provided, payment must be made to the city administrative services department as specified by standard payment requirements established by the parking commission; (4) All real property assessed by special improvement district (SID) No. 565, or other similarly adopted improvement districts designed to provide additional parking spaces within the B-3 district, must will not be required to provide additional parking spaces beyond those required at the time of the SID adoption, provided the use of the real property and improvements remains unchanged from the initial assessments of SID No. 565, or other similarly adopted improvement districts; (a) In the event that a new use or an expansion is initiated on any portion of real property or improvements are made subsequent to the assessments for SID No. 565 or other similarly adopted improvement districts, then parking space requirements must be satisfied prior to initiation of those new or expanded uses. 4. Disabled accessible parking spaces. a. Disabled parking spaces must be provided subject to federal standards enumerated in the Americans with Disabilities Act (ADA) dated January 26, 1992, and Federal Standard 795, (Uniform Federal Accessibility Standards) dated April 1, 1988, chapter 4 (Accessible Elements and Spaces: Scope and Technical Requirements). Each disabled parking space must also be accompanied by a sign stating "Permit Required $100.00 Fine." See Figure 38.540.050.D. b. All parking lots and facilities must be subject to current International Building Code guidelines for accessibility, and must contain a minimum number of disabled accessible parking spaces as set forth in the ADAAG. Table 38.540.050-6 addresses the majority of circumstances: Table 38.540.050-6 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 449 December 20, 2017 UDC update 7-28-2017 draft Total Parking in Lot Required Minimum Number of Accessible Spaces Total Parking in Lot Required Minimum Number of Accessible Spaces 1 to 25 1 201 to 300 7 26 to 50 2 301 to 400 8 51 to 75 3 401 to 500 9 76 to 100 4 501 to 1000 2 percent of total 101 to 150 5 1001 and over 20 plus 1 for each 100 over 1000 151 to 200 6 (1) The first accessible parking stall provided, and one in every eight accessible spaces provided thereafter, must have an aisle eight feet wide (rather than five feet) and must be signed "van accessible." (2) Accessible spaces must be located as near as practical to a primary entrance and must be designated as those spaces closest to the primary accessible entrance to a facility. Parking spaces and access aisles must be level with slopes not exceeding 1:50 in all directions and must be maintained in an ice- and snow-free condition. c. All accessible parking spaces must be designated as reserved for the disabled by a sign showing the symbol of accessibility at each space. Such signs must not be obscured by a vehicle parked in the space. Signs and symbols painted on the pavement as the only means of identification do not meet this requirement. Figure 38.540.040 D.3 ADA parking sign. (1) Raised signs must be located at a distance no greater than five feet from the front of each accessible space and must be subject to review and approval by the community development department. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 450 December 20, 2017 UDC update 7-28-2017 draft d. Provision of an accessible path of travel from each disabled accessible parking space to the entrance of the facility must include ramped access where necessary and an unencumbered minimum three-foot wide walk, sidewalk or ramps. The accessible path of travel must be a paved, smooth surface, free of defects or design features that would restrict, inhibit or unreasonably impede the movement of a physically disabled individual. Figure 38.540.040 D. Disabled parking (van accessible). (1) The least possible slope must be used for any ramp. The maximum slope of a ramp in new construction must be 1:12, cross slopes must not exceed 0.25 inch per foot. The maximum rise for any run must be 30 inches. e. Exceptions: Group R occupancies, per the most recently adopted International Building Code definition, containing three or less dwelling units or congregate residences accommodating ten persons or less. f. Prior to occupancy, the applicant or their representative must certify compliance with the requirements of this subsection 4. 45. Bicycle parking required. All site development, exclusive of those qualifying for sketch plan review per division 38.230 of this chapter, must provide bicycle parking facilities to accommodate bicycle-riding residents and/or employees and customers of the proposed development. The number of bicycle parking spaces must be at least ten percent of the number of automobile parking stalls required by Tables 38.540.050-1 and 38.540.050-3 before the use of any special exception or modification, but must in no case be less than two. a. Bicycle parking facilities will be in conformancemust comply with standards recommended in the city's long range transportation plan. b. Required bicycle parking must be provided in a safe, accessible and convenient location. Directional signage must be installed when bicycle parking facilities are not readily visible from the street, sidewalk, or main building entrance. Installation of bicycle parking must allow for adequate clearance for bicycles and their riders. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 451 December 20, 2017 UDC update 7-28-2017 draft c. Bicycle parking may be provided in a common area to serve multiple buildings. The common area must be within 100 feet of each served building. d. Covered bicycle parking is encouraged. e. Bicycle parking is permitted in required front or rear setbacks. Covered parking may be integrated with required weather protection features. Alternate designs will be considered by the review authority provided the alternate design meets or exceeds the intent of this standard. 6. B-2M district. a. Minimum requirements. The number of spaces shown in Table 38.25.040-7 shall be provided subject to the adjustments and exceptions allowed in this subsection. b. Maximum parking. Provision of parking spaces in excess of the minimum number of spaces required in Table 38.25.040-3 is not permitted. Table 38.540.050-6 Use Minimum Parking Spaces Required Minimum Bicycle Parking Spaces Required Residential 1 per unit 1 per unit Commercial 2 per 1,000 square feet of gross floor area 1 per 1,000 square feet of gross floor area Restaurant (stand-alone) 5 per 1,000 square feet of gross floor area 5 per 1,000 square feet of gross floor area Hotels, Motels 0.8 per guest room 2 per 5,000 square feet of gross floor area Arts and/or Entertainment Center 5 per 1,000 square feet of gross floor area 5 per 1,000 square feet of gross floor area Manufacturing 2 per 1,000 square feet of gross floor area 2 per 5,000 square feet of gross floor area c. Adjustments to minimum requirements. No reductions in required parking spaces may be taken for any development within the B-2M zoning district, except pursuant to 38.25.050, Joint use of parking facilities. d. Requirements within the Midtown Urban Renewal District in the B-2M zoning district. The minimum parking requirements of this section do not apply within the Midtown Urban BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 452 December 20, 2017 UDC update 7-28-2017 draft Renewal District the boundary of which is described in the Midtown Urban Renewal Plan adopted pursuant to Ordinance 1925 and incorporated herein. All other requirements of this section, including bicycle parking, maximum parking and standards when parking is provided, are applicable. e. Off-site parking. Any off-site parking used to meet the requirements of this chapter for development in the B-2M zoning district must comply with 38.25.060, except that off-site parking for multiple household dwellings may not be located more than 1,000 feet from any commonly used entrance of the principle use served. Sec. 38.540.060. - Joint use of parking facilities. (38.25.050) A. Up to 80 percent of the nonresidential parking spaces required by this division 38.5450 may be provided through shared parking, subject to the requirements in subsections A and B of this section. BA. Shared parking may be requested if parking can be provided to serve two or more individual land uses without conflict or encroachment. The review authority may make a determination for shared parking arrangements based on a traffic survey or traffic impact study for the site based on the following: 1. At a minimum, a traffic survey or traffic impact study must examine for all potential uses: trip generation, hours of operation, quantity of required parking spaces, quantity of spaces that will be filled during peak hour periods, and any unusual events that may occur during the year that will exceed the average parking requirement. The study must indicate that adequate parking exists to meet the demand of potential uses served as well as meet technical requirements as specified by the review authority. 2. The parties sharing parking spaces must enter into a long-term joint use agreement revocable with review authority approval, running with the term of the designated uses. CB. Conditions required for joint use. 1. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use must be located within 1,000 feet of such parking facilities as measured by the route of travel from the nearest parking space to the commonly used entrance of the principal use served; 2. The applicant must show that there is no substantial conflict overlap in the operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed; and 3. A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the city attorney, must be filed with the city clerk and recorded with the county clerk and recorder. Sec. 38.5450.070. - Off-site parking. (38.25.060) A. Any off-site parking which is used to meet the requirements of this chapter must be reviewed by the community development director for compliance with this chapter and must will be subject to the following conditions: 1. Off-site parking must be developed and maintained in compliance with all requirements and standards of this chapter; 2. Reasonable continuous pedestrian and vehicle access from off-site parking facilities to the use being served must be provided; 3. Off-site parking for one-household and two-household dwellings must is not be permitted; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 453 December 20, 2017 UDC update 7-28-2017 draft 4. Off-site parking for multiple household dwellings must may not be located more than 1300 feet from any commonly used entrance of the principal use served; 5. Off-site parking for nonresidential uses must may not be located more than 1,000 feet from the entrance of the principal use. The distance must beis measured on a pedestrian route of travel such as a sidewalk or city standard trail from the nearest parking space to the entrance of the principal use served; and 6. Any use which depends upon off-site parking to meet the requirements of this chapter must maintain ownership or provide evidence of a long-term lease agreement, revocable with review authority approval, running with the term of the designated use, for parking utilization of the off- site location. Sec. 38.540.080. - Off-street loading berth requirements. (38.23.140) A. Affected uses. Every hotel/motel with restaurant, conference center, restaurant, department store, freight terminal or railroad yard, hospital or sanitarium, industrial plant, manufacturing establishment, retail establishment, storage warehouse or wholesale establishment, and all other structures devoted to similar mercantile or industrial pursuits, which has an aggregate gross floor area of 15,000 square feet or more must provide off-street truck loading or unloading berths in accordance with the following Table 38.540.080: 1. Any office building 100,000 square feet or larger must have at least one off-street loading berth. Table 38.540.080 Square Feet of Aggregate Gross Floor Area Devoted to Such Use Number of Berths 15,000 square feet up to and including 40,000 square feet 1 40,001 square feet up to and including 100,000 square feet 2 For each additional 100,000 square feet 1 additional B. Standards for off-street loading facilities. All off-street loading facilities must conform to the following standards: 1. The first loading berth must be at least 70 feet in length. Additional berths required must be at least 45 feet in length unless certified by the property owner in writing that additional loading activity will take place exclusively with small delivery vans, in which case the berth must be at least 25 feet in length. All loading berths must be at least 12 feet in width and 14 feet in height, exclusive of aisle and maneuvering space. 2. Such space may occupy all or any part of any required yardsetback space, except front and exterior side yardsetbacks, and must may not be located closer than 50 feet to any lot in any residential zone unless separated from such zone, except at the accesses, by screening not less than eight feet in height. 3. Sufficient room for turning and maneuvering vehicles must be provided on the site so that vehicles must can cross a property line only by driving forward. 4. Each loading berth must be accessible from a street or alley or from an aisle or drive connecting with a street or alley, without traversing a residential district. 5. The loading area, aisles and access drives must be paved so as to provide a durable, dustless surface and must be so graded and drained so as to dispose of surface water without damage to private or public properties, streets or alleys. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 454 December 20, 2017 UDC update 7-28-2017 draft 6. Bumper rails must be provided at locations where needed for safety or to protect property. 7. No regular repair work or servicing of vehicles must may be conducted in a loading area. 8. Off-street loading facilities must be located on the same site with the use for which the berths are required. 9. If more than one use is located on a site, the number of loading berths provided must be equal to the sum of the requirements prescribed in this chapter for each use. If more than one use is located on a site, and the gross floor area of each use is less than the minimum for which loading berths are required, but the aggregate gross floor area is greater than the minimum for which loading berths are required, off-street loading berths must be provided as if the aggregate gross floor area were used for the use requiring the greatest number of loading berths. 10. Off-street loading facilities for a single use must will not be considered as providing required off- street loading facilities for any other use. 11. At the time of initial occupancy, major alterations or enlargement of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, off-street loading berths subject to the provisions of division 38.270 of this chapter must be provided. The number of loading berths provided for a major alteration or enlargement of a site or structure must be in addition to the number existing prior to the alteration or enlargement. 12. Space allocated to any off-street loading berth must may not be used to satisfy the space requirements for any off-street parking facility. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 455 December 20, 2017 UDC update 7-28-2017 draft 38.550 Landscaping (Article 26) Sec. 38.550.010. - Purpose and intent. (38.26.010) A. The process of development, with its alteration of the natural topography and vegetation, and creation of impervious cover can have a negative effect on the ecological balance of an area by causing or accelerating the processes of runoff, erosion and sedimentation. The economic base of the city can and should be protected through the preservation and enhancement of the area's unique natural beauty and environment. Recognizing that the general objectives of this division are to promote and protect the health, safety and welfare of the public, these landscaping regulations are adopted as part of this chapter for the following specific purposes: 1. To aid in stabilizing the environment's ecological balance by contributing to the process of air purification, oxygen regeneration, groundwater recharge, stormwater runoff retardation, and improvement of water quality, while at the same time aiding in noise, glare and heat abatement; 2. To provide visual buffering between land uses of differing character by placing screening vegetation; 3. To enhance the beauty of the city by expanding and strengthening the urban forest and providing a diversity of vegetation within the city; 4. To protect the character and stability of residential, business, institutional and industrial areas by establishing minimum landscaping standards; 5. To preserve the value of land and buildings by protecting and enhancing the aesthetic character of the community; 6. To conserve energy by providing windbreaks, shade and temperature moderation; 7. To retard the spread of noxious weeds by encouraging a vigorous desirable plant community within the city; 8. To enhance the appearance of the entryways into the city by providing high-quality landscaping which complements architecture; 9. To encourage a pleasant and safe environment for pedestrians by placement of boulevard trees and other interesting visual features; and 10. To encourage the conservation of water by rewarding the use of low water demand landscaping. Sec. 38.550.020. - Interpretation and scope. (38.26.020) A. The provisions of this division must apply to a lot or site when an application is being made for: 1. Site development approval pursuant to division 38.230 of this chapter; 2. Signs pursuant to division 38.560 of this chapter where landscaping is required; or 3. Restoration of a building that has been damaged or destroyed by fire, explosion, flood, tornado, riot, act of the public enemy or accident of any kind. For purposes of this subsection A, "restoration" means the act of putting back into a former or original state, only. B. Not withstanding the application of subsection A of this section, these provisions must of this division 38.550 do not apply to the following: 1. Lots containing residential uses subject to sketch plan review when located outside entryway corridors, except that when such lots must beare subject to sections 38.550.050.A and E, 38.26550.070 and 38.550.100; 2. Lots or sites within a planned unit development which has been approved with its own landscape plan. However, these provisions must be used as the basis for determining the BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 456 December 20, 2017 UDC update 7-28-2017 draft landscaping plans for future planned unit developments and such planned unit development landscaping plans must meet or exceed the standards of these landscape regulations; or 3. Lots or sites which are designed, reviewed and approved according to the deviation provisions specified in section 38.550.080. Sec. 38.550.030. - General landscaping provisions. (38.26.030) A. Landscape plans must include the information required by 38.220.100. B. Vegetation may only be used to satisfy the requirements of this division 38.550 when it is located on the same zone lot as the development depicted on the landscape plan. Sec. 38.550.040. - Landscape plan review. (38.26.040) A. The review authority established in division 38.200 must review each landscape plan to determine whether or not it complies with the requirements of this section. B. All landscape plans must comply with the mandatory landscape provisions in section 38.550.050. C. In addition, all landscape plans must earn a minimum number of points as specified in section 38.550.060. Points are awarded for specified landscape features and elements based upon their relative value or merit. The alternatives for achieving the minimum points needed for approval are provided in section 38.550.060. Sec. 38.550.050. - Mandatory landscaping provisions. (38.26.050) A. YardSetback landscaping required. For all uses in all districts, unless otherwise provided by specific approval through design review procedures, all front, side and rear yardsetbacks, and those areas subject to section 38.550.050.E, exclusive of permitted access drives, parking areas and accessory structures, must be landscaped as defined in this chapter. All landscaped areas must be perpetually maintained in a healthy condition. 1. For purposes of defining yardsetback landscaping requirements, the terms "yardsetback," "front yardsetback," "side yardsetback" and "rear yardsetback" mean the space between the actual building, parking lot, or other structure (not the building setback line) and the adjacent lot line, which is open and unoccupied from the ground upward or from the ground downward other than by steps, walks, terraces, drivewaysdrive aisles, lamp posts and similar structures, and unobstructed by structures, except as otherwise provided in this chapter. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 457 December 20, 2017 UDC update 7-28-2017 draft Figure 38.550.050 A.1 YardSetbacks. B. Additional screening requirements. The site plan or other approval authority may require additional screening when it is determined to be in the best interest of the affected properties. Such additional screening may be required between existing and/or future: 1. One-household and multi-household developments or apartment buildings; 2. Multi-household and multi-household developments or apartment buildings; 3. Residential and nonresidential uses; or 4. Nonresidential uses of differing character and/or intensity. C. Parking lot landscaping. 1. For purposes of defining parking lot landscaping requirements, the term "parking lot" means the area within the perimeter of the paved portion of the parking lot, including driving drive aisles but not including drive accesses and parking stalls in front of garages where the use of one or more spaces within the garage is assigned to a particular dwelling. The provisions of this subsection do not apply to parking areas, as defined in section 38.700.150 of this chapter, provided within a building or parking structure, as defined in section 38.700.150 of this chapter.. 2. All surface parking lots on the building site or artificial lot, whichever is applicable, must be landscaped in accordance with this subsection C.2 which describes landscaping requirements in addition to the yardsetback landscaping requirements for the site: a. Parking lot screening required. (1) All parking lots located on a lot with a residential adjacency must be screened from that residential adjacency; (2) All parking lots located between a principal structure and a public street, except in M-1 and M-2 districts, must be screened from the public street; and BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 458 December 20, 2017 UDC update 7-28-2017 draft (3) The screening required under subsections C.2.a.(1) and (2) of this section must may be not less than four feet in width and must be maintained at a height of four to six feet except as otherwise restricted by fence and hedge height limits within required front yardsetbacks and street vision triangles. Figure 38.550.050 C.2.a Parking lot landscape screening. b. Large canopy trees, large non-canopy trees or small trees must be provided in, or within 20 feet of, the parking lot at a minimum average density of: (1) One large canopy tree; or (2) One large non-canopy tree and one small tree; or (3) Three small trees for each nine parking spaces required or provided, whichever is greater.. c. No parking space may shall be located more than 90 feet from the trunk of a tree. d. No tree may shall be planted closer than four feet to the paved portion of the parking lot. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 459 December 20, 2017 UDC update 7-28-2017 draft Figure 38.550.050 C.2.d. e. Additionally, any parking lot providing 15 or more parking spaces must have a minimum of 20 square feet of landscape area within the parking lot for each off-street parking space in the lot provided as follows: (1) The interior parking lot landscaping must be designed to facilitate, control and denote proper vehicular circulation patterns; (2) Internal parking lot landscaping provided must be proportionately dispersed so as to define aisles and limit unbroken rows of parking to a maximum of 100 feet, with landscaped areas provided in an appropriate scale to the size of the parking lot; and (3) The minimum width and/or length of any parking lot landscaped area must beis eight feet. f. The above standards are minimum mandatory standards. The provisions of section 38.550.060 require additional vegetation or other landscape features for receipt of performance standard points. D. Screening of off-street loading spaces. 1. All off-street loading spaces on a lot with residential adjacency must be screened from that residential adjacency. 2. In all districts, except M-1 and M-2 districts, all off-street loading spaces on a lot must be screened from all public streets adjacent to that lot. 3. The screening required under subsections D.1 and 2 of this section must be at least six feet in height. E. Street frontage landscaping required. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 460 December 20, 2017 UDC update 7-28-2017 draft 1. Except in R-S districts, all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or drivewaysdrive aisles must be landscaped, as defined in this chapter, and must include one large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. When this requirement conflicts with other requirements of this chapter or other portion of this Code the review authority may relax this standard to reach an optimal balance in public interests. a. Acceptable large canopy shade trees for use in public rights-of-way are those accepted by the forestry department. Street trees must meet the arboricultural specifications and standards of chapter 16, article V, division 3. The forestry department, in cooperation with the city tree advisory board, publishes a pamphlet listing acceptable species and proper planting methods. Prior to planting street trees, a permit from the forestry department is required. 2. Where it may be impractical or difficult to plant large canopy trees within the public right-of- way (due to the presence of overhead power lines, for instance) the requirement for one large canopy tree for each 50 feet of street frontage may be substituted with two small ornamental trees per 50 feet of total street frontage. Acceptable small ornamental trees for use in public rights-of-way are those accepted by the forestry department. 3. The minimum quantity of trees and other landscaping required and provided in the public right- of-way as described herein must be designed to complement on-site landscaping and to enhance the proposed development project and the streetscape. F. Street median island landscaping. All street median islands approved through a plan review process must be landscaped according to requirements determined through the plan review process. G. Acceptable landscape materials. 1. Generally aAcceptable plant materials must beare those identified as hardy in Zones 1 through 4. The characteristics of the zones are described in The Western Garden Book, Sunset Publishing Corporation, 1995as amended. Alternatives may be considered upon a case-by-case basis. However, in the case of street frontage landscaping as required in subsection E of this section, acceptable tree species must beare limited to those approved by the city forestry division. 2. No artificial plant materials may be used to satisfy the requirements of this division 38.550. 3. Plant materials used to satisfy the requirements of this division 38.550 must comply with the following minimum size requirements at the time of installation (depending on the standard measuring technique for the species): a. Large canopy and non-canopy trees must have either: (1) For deciduous trees a minimum caliper of 1.5 inches to two inches; or (2) For evergreen trees a minimum height of eight feet. b. Small canopy and non-canopy trees must have either: (1) For deciduous trees a minimum caliper of one inch; or (2) For evergreen trees a minimum height of six feet. c. All other non-turf plantings must meet American Nursery and Landscape Association standards. 4. For purposes of subsection G.3 of this section, height is measured from the top of the root ball or, if the plant is in a container, from the top soil level in the container. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 461 December 20, 2017 UDC update 7-28-2017 draft Figure 38.550.050 Dimensions of acceptable landscape materials. H. Protection of landscape areas. 1. Perimeter parking lot treatment as required in section 38.540.020.J must be installed to protect landscape areas adjacent to parking lots. 2. Landscaped areas within parking lots (i.e., landscape islands or peninsulas) must be protected from vehicular traffic through the use of continuous concrete curbs, or other permanent barriers approved by the review authority. Railroad ties, rolled asphalt, pin down wheel stops or similar methods of curbing are not acceptable methods of landscape protection within parking lots. I. Irrigation standards. 1. Permanent irrigation systems must be provided to all landscaped areas. The use of hose bibs on the exterior of existing or proposed structures is not an acceptable method of landscape irrigation unless the landscaped area is adjacent to the existing or proposed structure. 2. All irrigation systems and landscaped areas must be designed, constructed, operated and maintained so as to promote water conservation and prevent water overflow or seepage into the street, sidewalk or parking areas. J. Required use of trees. All landscape plans must include, for each yardsetback with a residential adjacency, at least one of the performance standards in section 38.550.060.B that requires the use of one or more trees. K. Coordination with utilities. In order to prevent damage to both vegetation and public utility lines, all trees and other large vegetation must bemay planted no closer than the minimum distance specified in the city design standards and specifications policy. L. Maximum allowable slope or grade. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 462 December 20, 2017 UDC update 7-28-2017 draft 1. The finish grade of all landscaped areas, including, but not limited to, required yardsetbacks, parking lot landscape islands, open space areas, plaza areas, watercourse corridors, landscaped areas adjacent to sidewalks, public trials trails or pathways, and any stormwater facilities proposed in required yardsetbacks, dedicated parkland, or open space areas must may not exceed a slope of 25 percent grade (four run to one rise). 2. The slope percent is computed by dividing the vertical distance by the horizontal distance multiplied by 100. The degree of slope is equal to the tangent of vertical distance over horizontal distance (refer to Figure 38.550.050). 3. The review authority may vary the maximum allowable slope of 25 percent grade to protect existing topographical or natural features (i.e., watercourse, wetlands, mature vegetation) associated with a site. Alternatives to enable exceeding the maximum allowable slope of 25 percent may include terracing, retaining walls, architectural appurtenances, landscape features, or a combination thereof that will achieve a greater design quality and enhanced landscape features. 4. All landscaped areas to be finished in grass that exceed a maximum allowable slope of 25 percent grade must be installed as turf sod, or hydro-seed. If hydro-seed is utilized, additional erosion control fabric (i.e., matting or blanket), or equivalent thereof) must be provided to ensure a stable slope for a minimum of one calendar year while the vegetation becomes established. Sec. 38.550.060. - Landscape performance standards. (38.26.060) A. In addition to complying with the mandatory landscape provisions in section 38.550.050, all landscape plans must earn a minimum number of points as specified in this section. Points are awarded for specified landscape features and elements based upon their relative value or merit. _____ 1. The minimum number of points needed for landscape plan approval by zoning district is as follows: Table 38.550.060-1 Zoning District Lot With Residential Adjacency (as defined in section 38.700) Lot Without Residential Adjacency All districts not listed below 23 15 B-1 18 15 B-3 ("core area" as defined in section 38.300.090.4.a) 13 (0) 13 (0) PUD site plans 23 15 Residential PUD non-site-specific open space plans must meet or exceed the standards of these landscaping regulations unless a specific relaxation has been granted 15 15 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 463 December 20, 2017 UDC update 7-28-2017 draft Zoning District Lot With Residential Adjacency (as defined in section 38.700) Lot Without Residential Adjacency Commercial PUD non-site-specific open space plans must meet or exceed the standards of these landscaping regulations unless a specific relaxation has been granted 23 15 2. The points required under subsection A.1 of this section may be earned by enhancing mandatory yardsetback landscaping through a combination of one or more of the methods provided for in subsections B, C, and D of this section. The landscaping required by section 38.550.050 (, except subsection E of said section for boulevard trees), may be used to meet the requirements of this section. B. YardSetback landscaping enhancement. When considering whether landscaping meets the requirements of this section, groupings must be placed arranged in such a fashion as to be related and mutually supportive of design quality and be placed so as to allow the healthy development of maturing vegetation. 1. Points may be earned for use of certain vegetation types as follows: a. Three points are awarded for the installation of 50 percent or greater of the surface area of the yardsetback with drought tolerant species of herbaceous perennials, and grasses accepting of maintenance by annual mowing and limited irrigation; b. Three points are awarded for the installation of drought tolerant species for greater than 50 percent and less than 75 percent of the number of trees and shrubs; c. Five points are awarded for the installation of drought tolerant species for 75 percent or greater of the number of trees and shrubs; and d. One point must will be awarded for each mature tree existing on-site over six inches in caliper which is preserved by the proposed design of the site development. In order to utilize this subsection, the tree must have remaining life expectancy of at least 20 years and be protected from damage during construction. Caliper must will be measured at one foot above grade. 2. Five points per yardsetback (up to 15 points maximum) are awarded when the landscaped yardsetback contains, for each 50 linear feet of each landscaped yardsetback, one or more of the plant elements in both columns A and B in the following Table 38.550.060-2: Table 38.550.060-2 Column A Column B 1 large canopy tree 3 evergreen shrubs and 3 deciduous shrubs 1 large non-canopy tree 2 small ornamental trees 2 small ornamental trees 2 large evergreen trees 6 evergreen shrubs 6 deciduous shrubs BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 464 December 20, 2017 UDC update 7-28-2017 draft a. The required plant elements from columns A and B in Table 38.550.060-2 may be arranged in any combination meeting the quantity requirements of this subsection B. 3. In the case of a lot with residential adjacency only, eight points are awarded for providing vegetative screening in the landscaped yardsetback with residential adjacency adjacent to the residence in accordance with the following: a. The screening must be of natural vegetation at least six feet in height; b. The screening must extend along the entire length of the portion of the landscaped yardsetback where a residential adjacency exists, exclusive of: (1) Public street frontage; (2) DrivewaysDrive aisles and accessways at points of ingress and egress to the lot; and (3) Street vision triangles; c. However, no points are awarded for screening required by section 38.550.050.B unless the required screening is constructed of earthen berm or evergreen plant materials; d. If screening is provided by an earthen berm or evergreen plant materials, the following additional regulations apply: (1) An earthen berm must be planted with groundcover. The earthen berm may not have a slope that exceeds one foot of rise for each two feet of run and must be at least four feet high, including planting materials, subject to front yardsetback and street vision triangle height limitations. (2) Evergreen plant materials must: (a) Be located in a bed that is at least three feet wide; (b) Be placed a maximum of 48 inches on center over the entire length of the bed unless an alternative planting density that a landscape architect certifies as being capable of providing a solid appearance within three years is approved; and (c) Provide a visual barrier of the required height within three years of their initial planting; 4. Two points may be awarded when foundation plantings obscuring not less than 70 percent of the building perimeter, exclusive of entrysentries, are provided. 5. Three points (up to five nine maximum) is awarded when the landscaped roof contains, for each 500 square feet of landscaped roof, one or more of the plant elements in both columns A and B of Table 38.550.060-2. In order to qualify, a landscaped roof must meet all requirements of this chapter, including at least 75 percent coverage with live vegetation and permanent irrigation. C. Non-vegetative special features. 1. Five points are awarded if the a commercial building not in a storefront block frontage (38.510.030.B) is located on the site so that 50 percent or more of the street facadefaçade of the building is within a distance of three feet or less from the required front building line, i.e., front setback line, as defined in section 38.700.070 of this chapter; 2. A maximum of eight points may be awarded when a site is graded and/or terraced utilizing natural stone or prefabricated decorative masonry retaining wall material as a drystack or mortared wall. In order to qualify for the points available in this section the wall portion must: a. Be five percent of the length of the total perimeter of the lot or artificial lot for each two points to be awarded; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 465 December 20, 2017 UDC update 7-28-2017 draft b. Have a vertical face surface of at least one foot along the length of the area to be considered for subsection C.2.a of this section; c. Be integrated with other landscaping materials and grading on the site; and d. Be complementary to the overall grading of the site and the activities and architecture contained on the site.; 3. Up to a maximum of five points may be awarded as follows; ea. One point is awarded for each stone boulder not smaller than three feet in diameter which is integrated with other landscaping, up to a maximum of three points; 24b. One point is awarded for each nine cubic feet of original, freestanding, permanent sculpture which is integrated with other landscaping, up to a maximum of eight points.. 34. Two points are awarded for each one percent increment of lot area covered by publicly accessible special pedestrian facilities and features such as plazas, courtyards, covered walkways, fountains, lakes, streams and ponds, seating areas, and outdoor recreation facilities, up to a maximum of eight points. The lot area must meet pedestrian-oriented space design criteria set forth in 38.520.060.D. D. Parking lot landscaping. 1. Ten points are awarded when all surface parking lots, as defined in section 38.700.170 of this chapter on the building site or artificial lot, whichever is applicable, are landscaped in accordance with this subsection D in addition to that landscaping required in section 38.550.050: a. The parking lot must contain one of the plant groups from subsection B.2 of this section at an average density of one group, plus an additional one large canopy tree within 20 feet of the parking lot, for each required 16 parking spaces; and b. No required parking space may be located more than 70 feet from the trunk of a large canopy tree. Sec. 38.550.070. - Landscaping of public lands. (38.26.070) A. City rights-of-way and parks. 1. General. a. Tree planting permits must be obtained from the forestry department prior to installation of trees in city rights-of-way or parks. b. Drought tolerant grass seed must be planted in these areas. 2. External streets, open space, and parks. The developer must be responsible at the time of initial development for installing vegetative ground cover, boulevard trees and an irrigation system in the public right-of-way boulevard strips along all external perimeter development streets and adjacent to public parks or other open space areas. a. Prior to installing landscaping in city rights-of-way or parks, the developer must submit a landscaping plan to the superintendent of public lands and facilities manager for review and approval. The landscaping plan must be prepared by a qualified landscaping professional meeting the requirements of this division 38.550. Tree planting permits must be obtained before any tree is placed on public land. b. Wells must be used to irrigate landscaping in these areas. 3. Adjacent to individual lots. When individual parcels are developed, the individual property owners’ must be responsible for installing landscaping and street trees within the public right-of- BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 466 December 20, 2017 UDC update 7-28-2017 draft way boulevard strips adjacent to their property, and providing for irrigation, in compliance with section 38.550.050.E.1. B. Maintenance. 1. Maintenance of landscaping installed within the boulevard portion of the public right-of-way, with the exception of tree trimming and tree removal, must beis the responsibility of adjacent property owners’. 2. A developer must be responsible for irrigateing and maintaining landscaping along external streets and landscaping adjacent to parks or other opens space areas until 50 percent of the lots are sold. Thereafter, the property owners’ association must beis responsible for maintaining and irrigating these landscaped areas. The property owners’ association may, with the city's approval, establish an improvement district to collect assessments to pay for the irrigation and maintenance. 3. The city must acceptis responsibileity for the maintenance of all other required landscaping installed in accordance with approved site plans within the public right-of-way or on other public lands. C. State rights-of-way. Landscaping must be installed along state rights-of-way, in the same manner described in this section, provided that the state department of transportation has reviewed and approved the proposed landscaping plan. Maintenance of landscaping installed within the boulevard portion of the public right-of-way must beis the responsibility of adjacent property owners’ unless a different responsibility is established by the encroachment permit. Sec. 38.550.080. - Departure from landscaping requirements. (38.26.080) A. To achieve the optimal landscape design on individual sites, or to coordinate the landscape design in an area, it may be necessary to depart from the strict application of landscaping requirements. An application for such departure must be processed per section 38.250.060. B. The application for deviation departure must be subject to the submittal and procedural requirements of this chapter, and must be accompanied by written and graphic material sufficient to illustrate the conditions that the modified standards will produce, so as to enable the city commissionreview authority to determine that the deviation departure will produce an environment, landscape quality and character superior to that produced by the existing standards, and will be consistent with the intent and purpose of this division 38.550. Upon such a finding, the review authority may authorize, within the neighborhood conservation and entryway corridor overlay districts deviations departures of up to 20 percent from landscape design standards contained herein. Sec. 38.550.090. - Landscaping completion. (38.26.090) All landscaping must be completed or secured in accordance with the provisions of division 38.270 of this chapter. Sec. 38.550.100. - General maintenance. (38.26.100) A. Required landscaping must be maintained in a healthy, growing condition at all times. The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning and other maintenance of all plantings as needed. However, the city forestry department is responsible for pruning or removing any tree in a city right-of-way or park. Any plant that dies must be replaced with another living plant that complies with the approved landscape plan. Failure to maintain required landscaping in a healthy growing condition at all times may result in revocation of an occupancy permit. When enforcing this provision of this chapter, external factors such as seasonality BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 467 December 20, 2017 UDC update 7-28-2017 draft and availability of landscape stock must be considered before any action to revoke an occupancy permit is taken. B. Any damage to utility lines, resulting from the negligence of the property owner or the owner's agents or employees in the installation and maintenance of required landscaping in a utility easement, is the responsibility of the property owner. If a public utility disturbs a landscaped area in a utility easement, it must make every reasonable effort to preserve the landscaping materials and return them to their prior locations after the utility work. If, nonetheless, some plant materials die, it is the obligation of the property owner to replace the plant materials. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 468 December 20, 2017 UDC update 7-28-2017 draft 38.560 Signs (Article 28) FOOTNOTE(S): --- (9) --- State Law reference— Information signs, MCA 60-5-501 et seq. Figure 38.560 Signs. Sec. 38.560.010. - Intent and purpose. (38.28.010) A. It is the intent and purpose of this division 38.560 to promote the health, safety and welfare of the residents and visitors of the city by regulating and controlling the size, location, type, quality of materials, height, maintenance and construction of all signs and sign structures not located within a building, or within a building and visible from the exterior for the following reasons: 1. To preserve the Bozeman area's natural scenic beauty and character as expressed in adopted city plans and policies; 2. To contribute to inviting entrances into the city by eliminating clutter associated, in part, with the unrestricted proliferation of signs, lights and stringed devices; 3. To encourage area beautification through creative, interrelated design of signage, landscaping, buildings, access and parking that enhances the community's built and natural environment; 4. To give all businesses an equal opportunity to have a sign that will help people find the services they need; 5. To ensure that pedestrians and motorists are protected from damage or injury caused or partly attributable to the distractions and obstructions which are caused by improperly situated signs. The city commission intends to provide a reasonable balance between the right of an individual to identify their business and the right of the public to be protected from the visual discord that results from the unrestricted proliferation of signs. Sections 38.16.070 and 38.340.170 establish certain exemptions, and alternative procedures utilizing design review. The deliberations and BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 469 December 20, 2017 UDC update 7-28-2017 draft decisions of the design review board must be directed to accomplish the intent and purpose of this section. It is determined that the regulations contained herein are the minimum necessary to further the interests of this chapter; and 6. To protect the public health and safety by minimizing distractions to the traveling public. Sec. 38.560.020. - Sign permit requirements. (38.28.020) If a sign requiring a permit under the provisions of this division 38.560 is to be placed, constructed, erected or modified on a zone lot, the owner of the lot must secure obtain a sign and building permit prior to the construction, placement, erection or modification of such a sign. Furthermore, the property owner must maintain in force, at all times, a permit for such sign. No permit of any kind must may be issued for an existing sign or proposed sign unless such sign is consistent with the requirements of this division 38.560. Murals as defined in section 38.700.120 of this chapter are not subject to this division 38.560 but may be subject to the provisions of division 38.340 of this chapter. Sec. 38.560.030. - Prohibited signs. (38.28.030) A. All signs not expressly permitted under this division 38.560, or exempt from regulation, are prohibited in the city. Such signs include, but are not limited to: 1. Portable signs (except as allowed under chapter 34, article V); 2. Roof signs; 3. Revolving signs, except as permitted in section 38.560.060; 4. Beacons, spotlights; 5. Flashing, blinking, or animated signs, or LED or other electronic messaging signs except for incidental signs as defined in section 38.700.110 of this chapter; 6. Pennants, streamers, wind socks, pinwheels, or similar items; 7. Stringed flags; 8. Inflatable signs and tethered balloons (except as permitted per section 38.560.040); 9. Signs located in public rights-of-way (except for those specifically permitted in this division 38.560; and 10. Signs that resemble an official traffic sign or signal, and signs that resemble traffic signs because they predominately display the words "STOP," "GO SLOW," "CAUTION," "DANGER," "WARNING," or similar words that are commonly used by agencies of government and construction contractors to draw attention to traffic or roadway hazards. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 470 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.560.040. - Permitted temporary and special event signs. (38.28.040) A. Temporary and special event signs, such as banners, tethered balloons and inflatable signs, but excluding those subject to section 38.560.050, must may be allowed only as follows: 1. Special event signs are permitted in the zones described in section 38.560.060.A.1 and 2. 2. Applicants for temporary signs must apply for, and have approved, a temporary sign permit 3. All temporary signs must comply with size, height, and location requirements of this division 38.560. 4. For special commercial events, temporary signs must may be displayed for a consecutive period not to exceed 15 days, for a maximum of 30 days per calendar year, from January 1 to December 31. There must be a period of at least seven days between each 15-day display period. 5. Temporary signs which identify a new business may be may be displayed for a period not to exceed 60 days, additional temporary signs must not be allowed until the next calendar year. Only one temporary sign identifying a new business is will be permitted for the life of the business. A subsequent temporary sign identifying a new business may be permitted when business ownership has transferred to another owner, or when the business moves to a new location on a different zone lot. 6. Temporary signs that identify a new business may be displayed until the business erects a permanent sign, only if the business is in the process of obtaining a permanent sign, or 60 days, whichever comes first. If the business has previously had a temporary sign in the same location, the business will be allowed a maximum of an additional 30 more days of temporary signage. 7. Itinerant vendors must will receive information about allowable temporary signs at the time they apply for a business license, but no permit is required if the itinerant vendor is operating less than seven days. 8. Temporary signs that are seasonal in nature, such as garden greenhouses, boat showrooms, or ski rental facilities, may apply for a long term temporary sign which may be approved for a period not to exceed 180 days. 9. Businesses may promote events in the community, such as the county fairCounty Fair or Sweet Pea Festival, by applying for and receiving a temporary sign permit for their location. When notice of the event and non-sponsorship related information occupies more than 75 percent of the banner area, such a temporary sign will not count in theirtowards the temporary and special event signage limit of 30 days a per year. Sec. 38.560.050. - Signs exempt from permit requirements. (38.28.050) A. The following signs must beare exempt from the permitting requirement but must comply with the criteria for signs allowed by this division 38.560, except section 38.560.060: 1. Residential zones (R-S, R-1, R-2, R-3, R-4, RMH, REMU [single-household, two- to four- household, townhouse, and apartments]). a. Temporary, non-illuminated signs, e.g. real estate sale, political campaign and other noncommercialnon-commercial speech signs that do not exceed nine square feet in total area and, if freestanding, five feet in height. No more than one such sign shall be displayed per street frontage. b. Businesses working at a residentially zoned lot, such as landscapers or window treatment installers, may post an identifying sign only when they are physically at the residence, and the sign must be removed immediately when the working party leaves the property. Such sign BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 471 December 20, 2017 UDC update 7-28-2017 draft must may not exceed nine square feet in total area and, if freestanding, must may not exceed five feet in height. Not more than one such sign per street frontage per lot is allowed. Such signs must are not be considered off-premises advertising so long as the identified business is actively engaged on the site. 2. Commercial and manufacturing zones (R-O, B-1, B-2, B-3, UMU, M-1, M-2, BP, PLI, HMU, REMU [mixed-use, nonresidential]). a. Window signs, provided that such signs do not occupy more than 25 percent of the area of the window in which it is displayed. If it exceeds 25 percent of the area of the window, it will be classified as a wall sign. For the purposes of this section, a window is a transparent glass opening in a wall separated from other glass openings by mullions or other dividers of four inches or less in width. b. Signs within a structure or building or other enclosed area of property when such signs are not legible when viewed from outside the structure or property. c. Temporary non-illuminated signs, (e.g., real estate sale, for rent or lease, political campaign, non-commercial speech sign);s such signs must not exceed 32 square feet in size, must be no more than five feet high and must be at least five feet from the property line. Only one sign of each subject per street frontage per lot is allowed. d. A temporary, nonilluminatednon-illuminated sign identifying the businesses working at a construction site may be posted. The signs for multiple businesses must will be aggregated among all those working on the site and in total must may not exceed 32 square feet in size, must may be no more than five feet high and must be at least five feet from the property line. All parties to the development, including, but not limited to, banks, architects, contractors, developers, future occupants of the lot, real estate agent, and landscape company companies, must be on a single sign per street frontage per lot. Such signs must are not be considered off-premises advertising so long as the identified business is actively engaged on the site. e. Not more than four on-premises directional signs not exceeding four square feet in area and five feet in height; such signs which must may not contain any commercial messages. 3. All zones. a. Government and public utility signs. Directional, warning, street, traffic control, informational or temporary special event signs that are erected, installed or placed by or on behalf of any federal, state, county or city government. Public utility signs showing locations of underground facilities or public telephones, and safety signs on construction sites, are included within this exemption. b. Incidental signs. A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," and other similar directives. No sign with a commercial message, which is designed with the intent to be legible from a position off the zone lot on which the sign is located, must shallwill be considered incidental. c. Ghost signs. A ghost sign may be, but is not required to be, stabilized, rehabilitated or preserved to its original condition, design and size. A ghost sign may not be altered in any way that changes its original design, wording, or size. Sec. 38.560.060. - Signs permitted upon the issuance of a sign permit. (38.28.060) A. The following on-premises signs are permitted in the indicated zones subject to a sign permit: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 472 December 20, 2017 UDC update 7-28-2017 draft Table 38.560.060 Non-Residential Sign Standards Zoning District B-1 B-2 B-3 UMU M-1 M-2 Maximum sq. ft. area 80 per building 400 per lot 250 per lot 250 per lot 250 per lot 250 per lot Allowed sq. ft. sign area per linear foot of building frontage first 25 feet 1.5 or 21 2 or 31 2 2 or 31 2 or 31 2 or 31 Allowed sq. ft. sign area per linear foot of building frontage > 25 feet 1 1.5 1.5 1.5 1.5 1.5 Monument max. size sq. ft. 32 32 32 32 32 32 Monument max. height 5' 5' 5' 5' 5' 5' Monument setback 5' 5' 5' 5' 5' 5' Pole style max. height Prohibited 13' 13' 13' 13' 13' Pole style setback Prohibited 15' 15' 15' 15' 15' Pole style clearance Prohibited 8' 8' 8' 8' 8' Projecting sign max. area 8' 8' 12' 8' 8' 8' Projecting sign max. distance 4' 4' 6' 4' 4' 4' Rotating sign max area 2.5 sq. ft. 2.5 sq. ft. 2.5 sq. ft. 2.5 sq. ft. Prohibited Prohibited Non-Residential Uses Zoning District BP PLI HMU REMU RO Maximum sq. ft. area 250 per lot 250 per lot 250 per lot 250 per lot 80 per building Allowed sq. ft. sign area per linear foot of building frontage first 25 feet 2 or 31 2 or 31 2 or 31 2 or 31 1 or 1.251 Allowed sq. ft. sign area per linear foot of building frontage > 25 feet 1.5 1.5 1.5 1.5 0.5 Monument max. size sq. ft. 32 32 32 32 12 Monument max. height 5' 5' 5' 5' 5' Monument setback 5' 5' 5' 5' 5' Pole style max. height 13' 13' 13' 13' Prohibited Pole style setback 15' 15' 15' 15' Prohibited BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 473 December 20, 2017 UDC update 7-28-2017 draft Non-Residential Uses Zoning District BP PLI HMU REMU RO Pole style clearance 8' 8' 8' 8' Prohibited Projecting sign max. area 8' 8' 8' 8' 8' Projecting sign max. distance 4' 4' 4' 4' 4' Rotating sign max. area Prohibited Prohibited 2.5 sq. ft. Prohibited Prohibited 1 The larger value of the two listed applies when a building is located on a lot such that there is no parking or other vehicular use area between the building façade and the street right-of-way or between the building façade and a public pedestrian right-of-way adjacent to a street. 1. A comprehensive sign plan is required for all commercial centers or buildings consisting of two or more tenant spaces on a lot and must be designed in accordancecomply with section 38.560.080. 2. Freestanding signs. One freestanding sign is permitted per zoned lot as defined in section 38.700.170 of this chapter. Signage area used for free- standing signs is counted towards the maximum allowed signage area. 3. Wall signs. a. Regardless of the allowance for additional area, the maximum area must may not exceed the amount allowed for the district. b. Lots fronting on two or more streets must will be permitted signage area for each building frontage. c. Canopy, window and awning signs must beare classified as wall signs. Wall signs must may not project above the top of a wall or parapet. 4. Projecting signs. One projecting sign per tenant is allowed, unless otherwise approved through a comprehensive sign plan. Projecting signs must provide a minimum sidewalk clearance of eight feet. a. A rotating sign located within the building does not need to provide the minimum sidewalk clearance height. A rotating sign must not exceeding a rotational speed of one full rotation in two seconds are prohibited. Signs exceeding this limit must be classified as a flashing signs. 5. Residential building identification signs. For properties used for multi-household residential buildings, one residential identification wall sign per street frontage is permitted. Each No sign must may not exceed eight square feet in area. 6. Ghost signs as defined in Section 38.700 do not apply toward the maximum sq. ft.square foot signage areas of Table 38.560.060. B. Residential zones (R-S, R-1, R-2, R-3, R-4, R-5, RMH, R-O, REMU). The following on-premises signs are permitted in the indicated zones subject to a sign permit: 1. Subdivision and residential complex identification signs. For residential subdivisions consisting of more than four residential units and for residential complexes with more than four residential units and more than one building, one low profile, freestanding, neighborhood identification sign per development entrance is allowed. Each No sign must notmay exceed 16 square feet in area BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 474 December 20, 2017 UDC update 7-28-2017 draft or five feet in height from the finished grade. The sign must be set back at least five feet from the property line. 2. Residential building identification signs. For properties used for multi-household residential buildings, one residential identification wall sign per street frontage is permitted. Each No sign must notmay exceed eight square feet in area. 3. Signs appurtenant to residential principal and conditional uses and home occupations. a. Principal residential uses and home occupations must beare permitted commercial message signage not to exceed four square feet in area; such signs and must may not be located in any required setback area. In addition, home occupations must beare permitted a single one- square foot signs on a mailbox or lamppost or 1.5 square feet of freestanding signage located a minimum of five feet from the property line. b. Principal residential uses must beare permitted non-commercial speech signs which do not exceed 30 square feet in area nor five feet in height. Such signs must be set back at least 15 feet from the property line. c. Conditional nonresidential type uses, such as churches, veterinary uses, golf courses, day care centers and schools must beare permitted signage as if the underlying zoning were B-1. Conditional residential type uses such as bed and breakfast homes, and fraternity and sorority houses, must beare permitted signage as if the underlying zoning were R-O. Such signs may only be illuminated only during the hours of operation. 4. Planned unit developments. Commercial establishments within planned unit developments where the underlying zoning is residential must beare permitted signage as if the lot were in a B- 1 zone. C. Special districts and zones. The guidelines for the underlying zoning districts apply unless otherwise addressed below: 1. Neighborhood conservation overlay district. Within this district, all signage is subject to issuance of a certificate of appropriateness after review for compliance with the design guidelines for the neighborhood conservation overlay district. 2. Entryway overlay district. Within this district, all signage is subject to issuance of a certificate of appropriateness after review for compliance with the design objectives plan for entryway corridors. Signage may exceed the underlying zoning district limitations by up to 20 percent upon review and approval of a deviation by the review authority, after receiving the recommendation of the appropriate design review advisory body, and upon receipt of a certificate of appropriateness. 32. Interchange zone. Signage may exceed the maximum total signage area permitted by section 38.560.060.A by up to 25 percent upon review and approval of a deviation by the review authority, upon the recommendation of the appropriate design review advisory body, and upon receipt of a certificate of appropriateness. Each lot must beis permitted one freestanding sign. a. Low profile signs. One low profile sign per zoned lot. The maximum area for a low profile sign must beis 40 square feet. The sign must be set back a minimum of five feet with a maximum height of eight feet. b. Pole-style signs. A pole-style freestanding sign must be set back a minimum of 15 feet and will maintain at least an eight-foot minimum vertical clearance. Pole-style signs must may not exceed a total area of 40 square feet or 16 feet in height, provided however, that for every two feet said sign is set back from 15 feet beyond the street right-of-way, the height measured at grade may be increased one foot, not to exceed a total of 32 feet, and the area BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 475 December 20, 2017 UDC update 7-28-2017 draft may be increased by 2.5 square feet for every two feet that said sign is set back 15 feet beyond the street right-of-way up to a maximum of 120 square feet. 43. Downtown (B-3). Permits for signs that encroach into the public right-of-way must be obtained in accordance with chapter 34, article 5 of the Municipal Code. Sec. 38.560.070. - Wayfinding signage. (38.28.070) A. Purpose. Wayfinding signs must serve to assist travelers in navigating the larger community and identifying defined districts. Wayfinding signs or kiosks are not intended to serve as off-premises advertising for individual entities. B. Defined districts. To qualify as a district an area must have a significant commonality of purpose and, identity, and shared functions serving the larger community. Designation as a district is at the discretion of the city and must will only be granted when found to be consistent with the intent of this division 38.560 and the city's other adopted regulations, policies and plans. Approval of district designation is the duty of the review authority, who must make written findings of the decision. C. Wayfinding signage is intended to add to the district's "sense of place" and may include district identification signs, directory signs to designate shared or common spaces such as parking facilities, parks, trails and open space. It may also include pedestrian-scale informational kiosks to announce district events and/or to list a directory that corresponds with a map presented in the kiosk. Wayfinding signs must may not advertise specific businesses or otherwise constitute off-premises signs. Wayfinding signage is permitted within districts only after approval of a comprehensive wayfinding signage plan for the wayfinding signs. . D. Submittal of a comprehensive signage plan for wayfinding must be made by a single individual or entity legally authorized to represent the area within the plan and with the consent of the relevant governing authority. In addition to the requirements of section 38.560.180, a comprehensive signage plan for wayfinding must: 1. Include a description of the installation and maintenance program for the signs including, but not limited to:, who is responsible for installation and maintenance;, identified reliable funding for installation and maintenance;, contact plan for the responsible individual;, and a description of how the sign program will be kept updated or removed. If the signs are to be illuminated, a description of how the power source may be removed and made safe must be included. 2. Demonstrate how it will enhance the streetscape by promoting a unified and enhanced visual aesthetic consistent with the streetscape design elements in the district; coordinate information to for pedestrians and drivers in a clear, consistent, and understandable format,; and reduce visual clutter. 3. Include information on how the district stakeholders were given opportunity to collaboratively participate in the selection of the sign types and designs. 4. Clearly describe the hierarchy of signs and include the criteria for determining sign placement and size. Any signs intended to be read from the right-of-way must comply with the lettering standards of the Manual for Uniform Traffic Control Devices for the road type and speed. 5. The wayfinding signage plan must iInclude signage elevations and plans with corresponding map, designating signs types and locations. E. Design standards. The wayfinding signs must include and meet the following standards and provisions: 1. Color schemes, fonts and materials. Coordinated color schemes, fonts and materials, including base supports, cabinet details and mounting methods, must serve to distinguish wayfinding signage within the district from other districts. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 476 December 20, 2017 UDC update 7-28-2017 draft 2. Lighting. Lighting is not required. If any lighting is proposed, the wayfinding signage plan must include cut-sheets and lighting details in accordance with the standards established in division 38.570. a. Photovoltaic panels to provide power, where appropriate, are encouraged. 3. Size and location. Signage may be located within required setbacks and may be located within the right-of-way, with approval from the applicable review agencies including the city and/or the state department of transportation. Restrictions for signs within the public right-of-way may be more strict than those on private property in order to avoid conflict or confusion with official regulatory and warning signs or interference with travel. 4. Wayfinding signs must comply with the following standards: a. Wayfinding signs that are affixed to a light post, traffic post or sign within the right-of-way must may not exceed four square feet in area and are limited to one sign per block face (or equivalent). b. Any signs intended to be located within the right-of-way must comply with the construction standards of the Manual for Uniform Traffic Control Devices. c. Freestanding wayfinding kiosks or signs are limited to one sign per two blocks (or equivalent), must may not exceed 30 square feet in area per face and must may not exceed seven feet in height. d. Wayfinding signage may be located within the street-vision triangle at intersections controlled by a traffic light. e. Decorative features including but not limited to post caps may extend an additional two feet for a total of nine feet in height. f. Photovoltaic panels are exempt from the height requirement. g. Business names, logos, or other marks identifying specific parties may be on a directory list or map in a kiosk but must may not exceed one inch in height. h. Wayfinding signage may mustmay not interfere with the clear passage of pedestrians or vehicles, or otherwise cause safety hazards. i. Wayfinding signs must may not obscure or obstruct any existing regulatory, warning, or parking control signs. 5. Wayfinding signs are allowed for parks, or for districts containing more than 30 acres of platted lots. 6. A performance bond or other surety acceptable to the city may be required for the maintenance, replacement, updating, and/or removal of signs in an amount acceptable to the city. Sec. 38.560.080. - Comprehensive sign plan. (38.28.080) A. A comprehensive sign plan must be submitted for all commercial, office, industrial and civic uses consisting of two or more tenant or occupant spaces on a lot, or two or more lots subject to a common development permit or plan. A comprehensive sign plan must will not be approved unless it is consistent with this division 38.560, the underlying zoning regulations applicable to the property and any discretionary development permit or plan for the property. The plan should include the size and location of buildings and the size and location of existing and proposed signs. The purpose of the plan is to coordinate graphics and signs with building design. The coordination must be achieved by: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 477 December 20, 2017 UDC update 7-28-2017 draft 1. Using the same type of cabinet supports or method of mounting for signs of the same type; using the same type of construction for components, such as sign copy, cabinet and supports; or using other types of integrating techniques, such as common color elements, determined appropriate by the review authority. 2. Using the same form of illumination for all signs, or by using varied forms of illuminations determined compatible by the review authority. Sec. 38.560.090. - Multi-tenant complexes with less than 100,000 square feet of ground floor area. (38.28.090) A. The guidelines for the underlying zoning districts apply unless otherwise addressed in this section: 1. The maximum permitted wall sign area allowed for each tenant space must beis the percentage of the total floor area on the zoned lot that the tenant occupies multiplied by the wall area allowed by section 38.560.060.A.2 or section 38.560.060.B.2, unless otherwise allocated in an approved comprehensive sign plan per section 38.28.070. If the lot has more than one building frontage, the individual tenant space may derive sign area only from the frontage(s) which the space faces. Lots under this section must beare allowed a low profile sign that identifies the complex, which otherwise conforms to this division 38.560, in addition to the sign area already permitted under section 38.560.060.A.2 or section 38.560.060.B.2. Sec. 38.560.100. - Multi-tenant complexes with more than 100,000 square feet of ground floor area. (38.28.100) A. The guidelines for the underlying zoning districts apply unless otherwise addressed in this section: 1. Freestanding signs. a. Pole-style signs. One pole-style sign per street frontage not to exceed 48 square feet in area or 16 feet in height is permitted. The signage area computed for a pole-style sign must may not be subtracted from the maximum allowable wall signage permitted for the entire complex. b. Low profile signs. One low profile sign must beis permitted at each secondary entrance of the complex, provided each sign must doesmay not exceed 32 square feet in area, nort five feet in height, and must beis set back a minimum of five feet from the property lines. All low profile signs must may only identify the complex and must display the street number address in figures which are at least six inches high. Low profile signs complying with these regulations will not be factored when calculating the maximum permitted wall sign area. 2. Wall signs. Each tenant must beis permitted wall signage square footage calculated from 1.5 times the linear store frontage. For the maximum allowable total signage, please see section 38.560.060.1 or 2. Sec. 38.560.110. - Indoor shopping mall complexes with more than 100,000 square feet of ground floor area. (38.28.110) A. The guidelines for the underlying zoning districts apply unless otherwise addressed in this section: 1. Freestanding signs. a. Pole-style signs. One pole-style sign per street frontage not to exceed 48 square feet in area or 16 feet in height is permitted. The signage area computed for a pole-style sign must may not be subtracted from the maximum allowable wall signage permitted for the entire complex. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 478 December 20, 2017 UDC update 7-28-2017 draft b. Low profile signs. One low profile sign must beis permitted at each secondary entrance of the complex, provided each sign must doesmay not exceed 32 square feet in area, nor five feet in height, and must beis set back a minimum of five feet from the property lines. All low profile signs must may only identify the complex and must display the street number address in figures which are at least six inches high. Low profile signs complying with these regulations will not be factored when calculating the maximum permitted wall sign area. 2. Wall signs. Each anchor tenant occupying 20,000 square feet or more must beis permitted 300 square feet of wall signage. Each tenant with an exclusive outdoor customer entrance must beis permitted wall signage square footage calculated from five percent of the ground floor area. Sec. 38.560.120. - Illumination. (38.28.120) A. Illumination, if any, must be provided by artificial light which is constant in intensity and color. Internally illuminated "can signs" are acceptable provided background and copy are coordinated to avoid excessive light output. Neon and other gas type transformers must beare limited to 60 milliamperes and fluorescent transformers must beare limited to 800 milliamperes to soften light output. The output of lumens from lighting provided by other types of light emitters must may not exceed that possible emanating from gas type transformers as regulated in this subsection A. Additionally, neon and other gas type signs with exposed tubing must be equipped with dimmers. B. Externally illuminated, wall-mounted, and pole signs must be lighted by fixtures mounted at the top of the sign and aimed downward; ground-mounted sign lighting may must only be used for monument style signs. Fixtures used to illuminate signs must be aimed so as not to project their output beyond the sign. Sec. 38.560.130. - Street vision triangles. (38.28.130) Signs must may not be placed in sight vision triangles as they are established in section 38.400.100, unless specifically authorized in this division 38.560. Sec. 38.560.140. - Required address signs. (38.28.140) Street numbers must beare required for all residential, commercial, industrial, and civic uses in all zones. All building numbering must conform tocomply with article 7 of chapter 10. Sec. 38.560.150. - Billboards and other off-premises advertising. (38.28.150) A. Off-premises commercial advertising signs are not permitted within the city limits except as permitted by state or federal law. 1. Exception: a. Transit shelters: Off-premises signs may be placed on the interior of transit shelters reviewed and approved by the city and served by an active fixed route transit service. Signage within a transit shelter must may not distract drivers of vehicles nor be legible from the driving lanes. b. Ghost signs: Ghost signs are not considered to be off-premises signage. Sec. 38.560.160. - Signs erected in conjunction with nonprofit activities on public property. (38.28.160) A. Signs erected on public property in support of nonprofit activities, such as signs advertising sponsors of youth and sports activities, must beare allowed only as follows: 1. The sign must beis permitted only at developed facilities in public parks or other publicly owned lands. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 479 December 20, 2017 UDC update 7-28-2017 draft 2. The sign may be erected two weeks prior to the commencement of the activity and must be removed within two weeks after the cessation of the activity for which the sign were was erected. 3. Each individual sign must may be no larger than 32 square feet. Freestanding signs must be setback a minimum of 15 feet from the property line with and have a maximum height of five feet. Signs attached to walls or scoreboards must are not be subject to the five foot height limitation. However, signs attached to walls or scoreboards must may not exceed the height of the wall or scoreboard to which they are attached. All signs must be oriented towards spectators attending the activity who are at the facility. . 4. The sign must may not: a. Be individually illuminated; nor b. Be placed in sight vision triangles or otherwise impede or obstruct the view of the traveling public. 5. Applicants for such signs must apply for, and have approved, a special temporary sign permit detailing the nature of the sign to be erected and the duration the sign will remain in place. Applications and review procedures must be made as per section 38.560.180. Sec. 38.560.170. - Historic or culturally significant signs. (38.28.170) Signs which have historical or cultural significance to the city but do not conform to the provisions of this division 38.560, may be permitted, provided that the city commission adopts findings supporting the historical or cultural significance of the sign and issues a sign permit. Such findings must be adopted by resolution. Sec. 38.560.180. - Application. (38.28.180) A. An application for a sign must be made on forms provided by the community development department. The application must contain sufficient information and plans to permit review pursuant to this division 38.560, including, but not limited to, building elevations; photographs; proposed locations of signs on building elevations; sign design layout showing number, types and dimensions of all signs; and a site plan showing proposed location of all signs. B. Acceptability and adequacy of application. 1. The community development department must review the application for acceptability within five working days to determine if that the application does not omit any of the submittal elements required by this chapter. If the application does not contain all of the required elements, the application and a written explanation of what the application is missing must 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 outgoing mail within the five-day review period. 2. After the application is deemed to contain the required elements and to be acceptable, it must will be reviewed for adequacy. A determination of adequacy means the application contains all of the required elements in sufficient detail and accuracy to enable the city to make a determination that the application either does or does not conform to the requirements of this chapter and any other applicable regulations under the jurisdiction of the city. Determination of adequacy will be made by the community development department. The adequacy review period must begins on the next working day after the date that the community development department determines the application contains all the required elements and must be completed within not more than 15- working- days. The 15- working- day review period will be considered met if the letter is dated, signed and placed in the outgoing mail within the 15 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 480 December 20, 2017 UDC update 7-28-2017 draft working day review period. If the application is inadequate, a written explanation of why the application is inadequate will be returned to the property owner or their representative. Upon a determination of adequacy the review of the development will be scheduled. a. In the event the missing information is not received by the city within 15 working days of notification to the property owner of inadequacy, all application materials must will be returned to the property owner or their representative. Subsequent resubmittal must will require payment of a review fee as if it were a new application. b. A determination that an application is adequate does not restrict the city from requesting additional information during the review process. 3. Should the property owner choose not to provide the required information after an application has been found unacceptable, nor to accept return of the application, the application may be processed by the city with the recognition by the property owner that unacceptability is an adequate basis for denial of the application regardless of other merits of the application. 4. Action. a. After an application is deemed adequate, the review authority must act to approve or deny the application within ten working days; or b. After the application is determined to be adequate for review, if the application includes a request for a deviation or variance the city must will schedule the application to be considered by the review authority at the next available opportunity which that allows for required public notice to be given; or c. If the sign application is submitted in conjunction with a site plan or other similar review, then the review process and final review authority must be coordinated. 5. An applicant may appeal the denial of a permit request pursuant to the provisions of division 38.250 of this chapter. Sec. 38.560.190. - Maintenance of permitted signs. (38.28.190) A. All signs must be continuously maintained in a state of security, safety and repair. Abandoned signs and sign support structures must be removed. If any sign is found not to be so maintained, or is in need of repair or has been abandoned, it must be the duty of the owner and the occupant of the premises to must repair or remove the sign within 14 calendar days after receiving written notice to do so from the city. If the sign is not so repaired or removed within such time, the city must may cause the sign to be removed at the expense of the owner of the premises. 1. Exceptions: Ghost signs are not required to be maintained or preserved, nor are they required to be removed, unless the City determines such action is necessary to protect the public health, safety and general welfare. Sec. 38.560.200. - Nonconforming signs. (38.28.200) A. The intent of this section is to eliminate existing signs that are not in conformity with the provisions of this division 38.560, which is as important as the regulation of new signs. B. Except as otherwise provided within this section, the owner of any zone lot or other premises on which a sign exists that does not conform with the requirements of this division 38.560 and for which there is no prior, valid sign permit must remove such sign. C. All signs which were legally permitted prior to June 22, 1997, are considered legal, permitted signs under this division 38.560. Except as provided for in subsection D of this section, said such signs, if nonconforming with this division 38.560, may must not be: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 481 December 20, 2017 UDC update 7-28-2017 draft 1. Replaced, except with a conforming sign; 2. Changed in copy (except for signs specifically designed to be changed in copy, such as reader boards with changeable letters); 3. Structurally altered to extend its useful life; or 4. Expanded, moved or relocated except as allowed below. D. No legal, nonconforming sign may be altered or enlarged in any way which increases its nonconformity, but any existing signage, or portions thereof, may be altered by decreasing its nonconformity. E. Any lot with a nonconforming sign may not add, relocate, or replace signage, except as provided below, until all signs on the lot are brought into conformance with this division 38.560. The exceptions listed below do not apply to off-premises signs. 1. Any site modification reviewed only as a permit type described in section 38.230.060, 38.230.070, 38.230.080, 38.230.150, or 38.230.160. 2. A sign legally permitted prior to June 22, 1997 which must be relocated due to a physical alteration to or expansion of a public right-of-way. Sec. 38.560.210. - Substitution. (38.28.210) Any sign allowed under this division 38.560 may contain, in lieu of any other message or copy, any lawful noncommercialnon-commercial message that does not direct attention to a business operated for profit, or to a product, commodity or service for sale or lease, or to any other commercial interest or activity, so long as the sign complies with the size, height, area and other requirements of this division 38.560. Authorized decision-making bodies may not consider the content of speech or the viewpoint of the speaker when taking action to approve or deny sign permits or other application for signs. Sec. 38.560.220. - Severability. (38.28.220) Where any word, phrase, clause, sentence, paragraph, or section or other part of this division 38.560 is held invalid by a court of competent jurisdiction by express inclusion in the decision to be invalid, such judgment must will affect only that part held invalid and such decision must will not affect, impair or nullify this chapter as a whole or any other part thereof. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 482 December 20, 2017 UDC update 7-28-2017 draft 38.570 Lighting (38.23.150) Sec. 38.570.010. - Purpose. (38.23.150.A) The purpose of this section is to: A. Provide lighting in outdoor public places where public health, safety and welfare are potential concerns; B. Protect drivers, bicyclists and pedestrians from the glare of non-vehicular light sources that shine into their eyes and thereby impair safe travel; C. Protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied, maintained or shielded light sources; D. Protect and maintain the character of the city; E. Prevent excessive lighting and conserve energy; and F. Provide adequate lighting for safe pedestrian and bicycle travel. Sec. 38.570.020. - General. (38.23.150.B) A. With the exception of street lighting, lighting is not required. If installed, all lighting must comply with the requirements of this section. B. Unless otherwise approved through a planned unit development, this section must apply applies to all lighting for subdivisions, land uses, developments and buildings. In addition, any site modification that requires a certificate of appropriateness, site plan review or reuse application will necessitate compliance for all existing and proposed lighting on the site. C. The provisions of this section are not intended to prevent the use of any design, material or method of installation or operation not specifically prescribed herein, provided any such alternate has been approved by the review authority. Prior to approval the review authority must make findings that: a. The lighting provides at least approximate equivalence to the applicable specific requirements of this section; and b. The lighting is otherwise satisfactory and complies with the intent of this section. Sec. 38.570.030. – Street lighting. (38.23.150.C) Street lighting consists of street lighting and pathway intersection lighting, and must comply with the City of Bozeman Design Standards and Specifications Policy. Sec. 38.570.040. – Site lighting. (38.23.150.D) A. Parking lot lighting. Table 38.570.040-1 Basic1 Security2 Minimum horizontal illuminance in maintained footcandles 0.2 0.5 Minimum vertical illuminance in maintained footcandles 0.1 0.25 Uniformity ratio, maximum: minimum 20:01 15:00 Source: Parking Lot Lighting, Illuminating Engineering Society of North American, 1998. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 483 December 20, 2017 UDC update 7-28-2017 draft 1Basic lighting provides for the safety of customers and employees during business hours, and for the security of on-site, outside storage of goods and/or materials. 2Security lighting provides for the safety of employees during nonbusiness hours, and for the security of on-site, outside storage of goods and/or materials. B. Building entrances. Illuminance for building entrances (including commercial, industrial, institutional and municipal) must average 5.0 maintained footcandles. C. Car dealership lighting. Table 38.570.040-2 Area Maximum Illuminance on Pavement (in Maintained Footcandles) Uniformity Ratio Maximum: minimum Main business districts Adjacent to roadway 10—20 5:01 Other rows 5—10 10:01 Entrances 5—10 5:01 DrivewaysDrive aisles 2—3 10:01 Secondary business districts Adjacent to roadway 5—10 5:01 Other rows 2.5—5 10:01 Entrances 2.5—5 5:01 DrivewaysDrive aisles 1—2 10:01 Source: Lighting for Exterior Environments, Illuminating Engineering Society of North American, 1998. D. Service station or gas pump area lighting. Table 38.570.040-3 Area Description Average Illuminance on Described Area (in Maintained Footcandles) Approach with dark surroundings 1.5 Driveway with dark surroundings 1.5 Pump island area with dark surroundings 5 Building façades with dark surroundings 2 Service areas with dark surroundings 2 Landscape highlights with dark surroundings 1 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 484 December 20, 2017 UDC update 7-28-2017 draft Approach with light surroundings 2 Driveway with light surroundings 2 Pump island area with light surroundings 10 Building façades with light surroundings 3 Service areas with light surroundings 3 Landscape highlights with light surroundings 2 Source: Lighting for Exterior Environments, Illuminating Engineering Society of North American, 1998. E. Site lighting support structures. The ballasts; pole type, strength and anchor bolts; and pole foundation must be appropriate for the proposed lighting and must be installed per the manufacturer's recommendations. Height must be measured from grade. Except as allowed in sections 38.570.050 and .070 of this division, light poles for parking lot lighting must may not exceed 25 feet. F. Site lighting installation and maintenance. 1. For new installations, electrical feeds for fixtures mounted on poles must be run underground, not overhead. 2. Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces must be placed a minimum of five feet outside the paved area or on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other approved means. 3. Lighting fixtures and ancillary equipment must be maintained so as always to meet the requirements of this section. G. Miscellaneous site lighting specifications. Except as otherwise allowed in subsections E and G of this section, all lighting must comply with the following requirements: 1. All outdoor lighting, whether or not required by this section, must be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property. 2. All outdoor lighting fixtures must be shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light emitting element, so that direct light emitted above the horizontal plane is eliminated. 3. Except for residential lighting, street lighting, pathway intersection lighting and security lighting, all lighting must be turned off between 11:00 p.m. and 6:00 a.m. Exceptions must will be granted to those businesses which operate during these hours; such lighting may remain illuminated only while the establishment is actually open for business. 4. Vegetation screens must may not be employed to serve as the primary means for controlling glare. Rather, glare control must be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. 5. All outdoor lighting must be designed and located such that the maximum illumination measured in footcandles at the property line must may not exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent commercial properties and public rights-of-way. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 485 December 20, 2017 UDC update 7-28-2017 draft 6. Externally illuminated wall-mounted and pole signs must be lighted by fixtures mounted at the top of the sign and aimed downward; ground-mounted sign lighting may only be used only for monument style signs. Fixtures used to illuminate signs must be aimed so as not to project their output beyond the sign. 7. Floodlights, spotlights or any other similar lighting must may not be used to illuminate buildings or other site features unless approved as an integral architectural element on the development plan. On-site lighting may be used to accent architectural elements but not to illuminate entire portions of buildings. Where accent lighting is used, the maximum illumination on any vertical surface or angular roof surface must may not exceed 5.0 average maintained footcandles. Building façade and accent lighting must will not be approved unless the light fixtures are carefully selected, located, aimed and shielded so that light is directed only onto the building façade and spillover light is eliminated. (1) Directional fixtures used to illuminate flagpoles (state, United States and/or foreign nations) may project their output beyond the flagpole. 8. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation are prohibited. 9. Translucent awnings and canopies used for building accents over doors, windows, etc., must may not be internally lit (i.e., from underneath or behind). 10. Searchlights, laser source lights or any similar high-intensity light must are not be permitted, except in emergencies by police and fire personnel or at their direction, for meteorological data gathering purposes, or for special events if a permit is obtained from the review authority. Sec. 38.570.050. – Sports and athletic field lighting. (38.23.150.E) Lighting for sports and athletic fields may need to exceed illumination standards for general recreational needs in order to meet higher standards required for play. The city commission may approve relaxations of these lighting standards provided that the following minimum standards are met: A. Fixtures must be at least 70 feet in mounted height measured from grade;. B. If floodlights are used, they must not be aimed above 62 degrees and should use internal louvers and external shields to help minimize light pollution;. C. Fixtures must be designed and aimed so that their beams fall within the primary playing area and the immediate surroundings, so that off-site direct illumination is significantly restricted (spillover levels at the property line must not exceed 0.3 footcandles); and. D. Lighting must be extinguished no later than one hour after the event ends. Sec. 38.570.060. – Lighting specifications for all lighting. (38.23.150.F) Light fixtures and standards must be compatible with the surrounding area, the subdivision or site design, and the development's character and/or architecture. A. Luminaires (light fixtures). Except as otherwise allowed in subsections E and G of this section38.570.050 and 38.570.070, all luminaires must comply with the following requirements: 1. In all light fixtures, the light source and associated lenses must may not protrude below the edge of the light fixture, and must may not be visible from adjacent streets or properties. 2. Fixtures must be of a type and design appropriate to the lighting application. 3. For lighting horizontal areas such as roadways, sidewalks, entrances and parking areas, fixtures must meet IESNA "full-cutoff" criteria (no light output emitted above 90 degrees at any lateral angle around the fixture). BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 486 December 20, 2017 UDC update 7-28-2017 draft 4. As needed, fixtures must be equipped with or be modified to incorporate light directing and/or shielding devices such as shields, visors, skirts, internal louvers or hoods to redirect offending light distribution and/or reduce direct or indirect glare. 5. The installation of any mercury vapor light fixture or lamp for use as outdoor lighting is prohibited, except that until November 21, 2006 (the fifth anniversary date of the effective date of the ordinance from which this section is derived), this provision must not apply to any replacement bulb. Sec. 38.570.070. – Historic lighting. (38.23.150.G) The city may relax lighting standards and requirements, with the exception of illumination levels, for the provision of historic lighting in the neighborhood conservation overlay district. Historic lights must be proposed as an integrated part of an overall development plan. The historic preservation planner must will review and approve the proposed lighting for historic appropriateness. Sec. 38.570.080. – Post installation inspection. (38.23.150.H) The city reserves the right to conduct post-installation nighttime inspections to verify compliance with the requirements of this section, and if appropriate, to require remedial action at no expense to the city. Sec. 38.570.090. – Compliance monitoring. (38.23.150.I) If the city finds that a lighting installation creates a safety or personal security hazard, the person responsible for the lighting must will be notified in writing and required to take remedial action within 30 days. Sec. 38.570.100. – Nuisance glare and inadequate illumination levels. (38.23.150.J) When the city finds that a lighting installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels, or otherwise varies from this section, the city may notify the person responsible for the lighting and require appropriate remedial action within 30 days. Sec. 38.570.110. – Nonconforming lighting. (38.23.150.K) Non-conforming lights can only be replaced with conforming lights. Site plans, conditional use permits, and special use permits require lighting to become compliant. The city may require nonconforming lights to be replaced with modifications/reuse applications. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 487 December 20, 2017 UDC update 7-28-2017 draft Figure 38.570.010 Lighting BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 488 December 20, 2017 UDC update 7-28-2017 draft ARTICLE 6. NATURAL RESOURCE PROTECTION Article 6 Contents Division 38.600 Floodplain Regulations Division 38.610 Wetland Regulations 38.600 Floodplain Regulations (Article 31) FOOTNOTE(S): --- (10) --- State Law reference— Floodplain and floodway management, MCA 76-5-101 et seq. Sec. 38.600.010. - Title. (38.31.010) These regulations must beare known and may be cited as the city floodplain regulations. This division 38.600 is in accordance with the authority of the laws of the state exercised by the city, and other authority as may be possessed by the city. Sec. 38.600.020. - Purpose. (38.31.020) A. This chapter has established regulations to prohibit development within floodplains in order to protect public health and safety, safeguard water quality, provide for wildlife habitat and accomplish other public purposes. However, there are certain limited circumstances where development within the floodplain either currently exists or may be permitted from time to time to advance a public purpose. This division 38.600 provides standards which must be met in order to promote the public health, safety and general welfare, to minimize flood losses in areas subject to flood hazards, and to promote wise use of the floodplain when those limited circumstances occur. This division 38.600 has been established with the following purposes: 1. To guide development of the 100-year floodplain within the city limits consistent with the enumerated findings by: a. Establishing zoning regulations coincident with and applicable to those areas at risk of flooding with special requirements and regulations to protect the public welfare; b. Recognizing the right and need of watercourses to periodically carry more than the normal flow of water; c. Participating in coordinated efforts of federal, state and local management activities for 100- year floodplains; d. Ensuring the regulations and minimum standards adopted, insofar as possible, balance the greatest public good with the least private injury; and e. Carrying out the provisions of this division 38.600 in a fashion consistent with the remainder of this chapter and the public policies set forth in the city's growth policy consistent with the authority of title 76, chapter 5, part 3 (MCA 76-5-301 et seq.). 2. Specifically, it is the purpose of this division 38.600 to: a. Restrict or prohibit uses that are dangerous to health, safety and property in times of flood, or that cause increased flood heights and velocities; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 489 December 20, 2017 UDC update 7-28-2017 draft b. Require that uses vulnerable to floods, including public facilities, be provided with flood protection at the time of initial construction; c. Identify lands unsuitable for certain development purposes because of flood hazards; d. Minimize the need for rescue and relief efforts associated with flooding undertaken at the expense of the general public; e. Ensure that potential buyers are notified that property is within a 100-year floodplain and subject to the provisions of these regulations; f. Ensure that those who occupy 100-year floodplains assume responsibility for their actions; and g. Protect water quality and persons and property located downstream. Sec. 38.600.030. - Jurisdictional area. (38.31.030) This division 38.600 must apply applies to all lands within the boundaries of the city, shown on the official floodplain maps, including any amendments or revisions, as being located within a 100-year floodplain district or that may otherwise be identified as lying within a 100-year floodplain through additional floodplain delineation, engineering analysis, topographic survey, or other objective and factual basis. Sec. 38.600.040. - Floodplain regulation establishment and applicability. (38.31.040) These floodplain regulations are hereby established and are applicable in all areas defined by the base flood elevations and 100-year floodplains as delineated in the flood insurance study, or other means specified in section 38.600.030. The basis for the flood insurance study is a scientific and engineering report entitled the "Flood Insurance Study of Gallatin County, Montana, and Incorporated Areas," dated September 2, 2011 (FEMA FIS No. 30031CV000A), with accompanying flood insurance rate maps and flood boundary/floodway maps. The official floodplain maps, together with the flood insurance study are on file in the office of the city floodplain administrator. The floodplain regulations are hereby established in all areas subject to flooding. Depiction on the official zoning map of the city is not required for this district. Sec. 38.600.050. - Abrogation and greater responsibility. (38.31.050) It is not intended by this division 38.600 to repeal, abrogate, or impair any existing easements, covenants, deed restrictions, or underlying zoning. However, where this division 38.600 imposes greater restrictions, the provisions of this division 38.600 must prevail. Sec. 38.600.060. - Floodplain administrator. (38.31.060) The city floodplain administrator is designated in 38.200.010. The responsibilities of this position are outlined in 38.600.130. Sec. 38.600.070. - Regulation interpretation. (38.31.070) The interpretation and application of the provisions of these regulations must beare considered minimum requirements and liberally construed in favor of the governing body and not deemed a limitation or repeal of any other powers granted by state statute or self-government status. Sec. 38.600.080. - Compliance with regulations. (38.31.080) No structure or land use must may be located, extended, converted or structurally altered without full compliance with the provisions of this chapter, these specific regulations, and other applicable BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 490 December 20, 2017 UDC update 7-28-2017 draft regulations. These regulations meet or exceed the minimum floodplain development requirements as set forth by the state department of natural resources and conservation and the National Flood Insurance Program. Sec. 38.600.090. - Flood hazard evaluation. (38.31.090) A. General. Land subject to being flooded by a flood of 100-year frequency as defined by title 76, chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.), or land deemed to be subject to flooding by the city, must may not be subdivided or developed for building or residential purposes, or other uses that may increase or aggravate flood hazards to life, health or welfare, or that may be prohibited by state or local floodplain or floodway regulations. B. Requirement for study. 1. If any portion of a proposed subdivision or other development is: a. Within 1,000 horizontal feet and less than ten vertical feet of a watercourse draining an area of 25 square miles or more; and b. No official floodplain or floodway delineation study of the watercourse has been made; then c. The subdivider or other developer must provide a floodplain analysis report establishing the calculated 100-year frequency water surface elevations and 100-year floodplain boundaries. The analysis and report must be prepared by a licensed professional engineer qualified in this field of work. 2. If any portion of a proposed subdivision or other development is: a. Within 1,000 horizontal feet and less than ten vertical feet of a watercourse draining an area less than 25 square miles; and b. No official floodplain or floodway delineation study of the watercourse has been made; then c. The subdivider or other developer must: (1) Demonstrate to the satisfaction of the city engineering department that the 100-year peak runoff of the watercourse will not affect the subdivision; or (2) Delineate the existing and proposed 100-year flood limits of the stream or streams within 1,000 feet of the proposed subdivision and specify any mitigation that may be required to protect the proposed subdivision and adjacent properties from potential flooding and erosion damage due to any proposed changes within the delineated flood limits. d. The developer's professional engineer, licensed in the state, must provide written certification to the city that the mapped flood locations and proposed mitigation must protect against damage by the 100-year flood. 3. Submission of report. The report must be submitted at the time of preliminary plat or plan application. The report may be submitted, upon the request of the city commission or development review committee, to the floodplain management section, water resources division, state department of natural resources and conservation, for review and concurrence. 4. Contents of report. The required report must include the following information: a. Certification. Certification of the report by a registered professional engineer. b. Overall plan view. An overall scaled plan view (project map) with identified scale for vertical and horizontal distance showing the following: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 491 December 20, 2017 UDC update 7-28-2017 draft (1) Watercourse; (2) Floodplain boundaries; (3) Location of property; (4) Contours; (5) Cross sections; (6) Bridges or other constrictions in the floodplain; and (7) USGS gauging stations (if any). c. Benchmark. The location and elevation of a temporary benchmark established within the subdivision and referenced to mean sea level with appropriate elevation adjustment. d. Cross sectional information. (1) Cross sections must follow the applicable guidelines established by the state department of natural resource conservation. If applicable guidelines are not available, cross section information must be as follows: (a) Cross section elevations and stations should be determined at points representing significant breaks in ground slope and at changes in the hydraulic characteristics of the floodplain (e.g., points where ground cover, soil or rock conditions change). Elevations must be reported in NAVD88. (b) Each cross section must cross the entire floodplain. The cross section alignment should be perpendicular to the general flow of the watercourse, the slope of the channel and the hydraulic characteristics of the reach. A minimum of four cross sections are required over the entire reach with at least two cross sections at the property where the elevations are desired. Additional cross sections must be taken at bridges, control structures or natural constrictions in topography. Figure 38.600.090 Section view of floodplain. (2) Photogrammetric methods may be used in lieu of cross sections whenever appropriate and when reviewed and approved by the floodplain administrator. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 492 December 20, 2017 UDC update 7-28-2017 draft e. Bridges. Descriptions and sketches of all bridges within the reach, showing unobstructed waterway openings and elevations. f. Water surface. Elevations of the water surface determined by survey as part of each valley cross section. g. Supporting documentation. Engineering report of computer computations, calculations and assumptions that may include: (1) Hydrology (research of published hydrology or calculations showing how hydrology was derived); (2) Input files (hard copy and on diskette or CD-ROM); and (3) Output files (hard copy and on diskettes or CD-ROM). C. Waiver of requirement. The floodplain administrator may waive this requirement where the subdivider contacts the water resources division, state department of natural resources and conservation, and that agency states in writing that the data indicate that the proposed subdivision is not in the flood hazard area as defined in this division 38.600. Sec. 38.600.100. - Rules for interpretation of floodplain district boundaries. (38.31.100) The boundaries of the 100-year floodway must be determined by scaling distances on the official floodplain maps and using the floodway data table contained in the flood insurance study report. The maps may be used as a guide for determining the 100-year floodplain boundary, but the exact location of the floodplain boundary must be determined where the base flood elevation intersects the natural ground. The floodplain administrator may require an on-site survey and staking of the floodplain boundary prior to issuance of any permit or any development undertaken following issuance of a permit. Sec. 38.600.110. - Warning and disclaimer of liability. (38.31.110) This division 38.600 does not imply that areas outside the delineated floodplain boundaries or permitted land uses will always be totally free from flooding or flood damages. These regulations must do not create a liability or cause of action against the city or any officer or employee thereof for flood damages that may result from reliance upon these regulations. Sec. 38.600.120. - Disclosure provision. (38.31.120) All owners of property in an identified 100-year floodplain as indicated on the official floodplain maps must notify potential buyers or their agents that such property is subject to the provisions of this division 38.600. Sec. 38.600.130. - Administration of regulations. (38.31.130) A. As provided in section 38.200.010, the city floodplain administrator has been designated by the city commission, and has the responsibility of such position as outlined in this division 38.600. B. Section 38.410.100 has established a public policy to avoid development within floodplains, along with certain exceptions. The administration of these regulations must be done in a fashion consistent with both the letter and spirit of that section. C. The city floodplain administrator is appointed with the authority to review floodplain development permit applications, proposed uses and construction to determine compliance with these regulations. The city floodplain administrator is required to ensure all necessary permits have been received from those governmental agencies from which approval is required by federal and state law BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 493 December 20, 2017 UDC update 7-28-2017 draft and local codes, including section 404 of the Federal Water Pollution Control Act of 1972, 33 USC 1334, and under the provisions of the Natural Streambed and Land Preservation Act. 1. Additional factors. Floodplain development permits must will be granted or denied by the city floodplain administrator on the basis of whether the proposed establishment, alteration or substantial improvement of an artificial obstruction meets the requirements of this division 38.600 and other requirements of this chapter. Additional factors that must will be considered for every permit application are: a. The danger to life and property due to increased flood heights, increased floodwater velocities or alterations in the pattern of flood flow caused by encroachments; b. The danger that materials may be swept onto other lands or downstream to the injury of others; c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions; d. The susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the individual owner; e. The importance of the services provided by the facility to the community; f. The requirement of the facility for a waterfront location; g. The availability of alternative locations not subject to flooding for the proposed use; h. The compatibility of the proposed use with existing development and anticipated development in the foreseeable future; i. The relationship of the proposed use to the growth policy and floodplain management program for the area; j. The safety of access to property in times of flooding or for ordinary and emergency services; and k. Such other factors as are in harmony with the purposes of this chapter, these regulations, the Montana Floodplain and Floodway Management Act and the National Flood Insurance Program. D. A floodplain development permit application is considered to have been automatically granted 60 days must be reviewed and acted upon within 180 working days after the date of receipt of the complete application by the city floodplain administrator. Unless the applicant has been notified that the permit is denied, conditionally approved or If additional information pertinent to the permit review process is required the time for review must stop and restart with submittal of the additional information. A floodplain permit must not act as a waiver or variance from the other requirements of this chapter. E. The city floodplain administrator must adopt such administrative procedures as may be necessary to efficiently administer the provision of these regulations. F. The city floodplain administrator must maintain such files and records as may be necessary to document nonconforming uses, base flood elevations, floodproofing and elevation certifications, fee receipts, the issuance of permits, agenda, minutes, records of public meetings, and any other matters related to floodplain management in the city. Such files and records must be open for public inspection. In matters of litigation, the city attorney may restrict access to specific records. G. The city floodplain administrator may require whatever additional information is necessary to determine whether the proposed activity meets the requirements of these regulations. Additional BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 494 December 20, 2017 UDC update 7-28-2017 draft information may include hydraulic calculations assessing the impact on base flood elevations or velocities, level survey or certification by a registered land surveyor, professional engineer or licensed architect that the requirements of these regulations are satisfied. H. Upon receipt of an application for a permit or a variance, the city floodplain administrator must prepare a notice according to the requirements of division 38.220 of this chapter. I. Copies of all permits granted must be sent to the state department of natural resources and conservation in Helena, Montana. 1. In riverine situations, notifications by the city floodplain administrator must be made to adjacent communities, the floodplain management section (DNRC) and FEMA prior to any alteration or relocation of a stream. The flood-carrying capacity within the altered or relocated portion of any stream must be maintained. Erosion control measures must be incorporated to ensure stability of altered channels and stream banks. Sec. 38.600.140. - Permit applications. (38.31.140) A. Activities or uses that require the issuance of a permit, including the expansion or alteration of such uses, must may not be initiated, established or undertaken until a permit has been issued by the city floodplain administrator. B. Permit applicants must be required to furnish the following information as deemed necessary by the city Floodplain Administrator for determining the suitability of the particular site for the proposed use: 1. Three sets of plans drawn to scale (including dimensions) showing the nature, location and elevation of the lot; existing and proposed structure locations; fill, storage or materials site; floodproofing measures; mean sea level elevation of first floor of proposed structures; and location of the channel and limits of 100-year floodplain boundary; 2. A plan view of the proposed development indicating external dimensions of structures; street or road finished grade elevations; well locations; individual sewage treatment and disposal sites; excavation and/or fill quantity estimates; and site plan and/or construction plans; 3. Specifications for floodproofing, filling, excavating, grading, bank stabilization, storage of materials and location of utilities; 4. A professional engineer's or registered architect's design calculations and certification that the proposed activity has been designed to be in compliance with these regulations; 5. Certification of floodproofing and/or elevation must be provided on a standard form available from the city floodplain administrator; and 6. Adjoining owners. Names and addresses of record owners of lots and tracts immediately adjoining the proposed floodplain permit. C. To determine that the permit specifications and conditions have been completed, applicants who have received permits are required tomust furnish the following at the time of an on-site conformance inspection: 1. Certification by a registered professional engineer or licensed land surveyor of the actual mean sea level elevation of the lowest floor (including basement) of all new, altered or substantially improved buildings; 2. If floodproofing techniques were used for buildings, the mean sea level elevation to which the floodproofing was accomplished must be certified by a structural engineer or licensed architect in the same manner; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 495 December 20, 2017 UDC update 7-28-2017 draft 3. Certification must is also be required for artificial obstructions other than buildings, that the activity was accomplished in accordance with these regulations and the design plans submitted with the application for the permit activity. This certification may be waived by the city floodplain administrator if it can be clearly ascertained by a site inspection that the activity was accomplished in accordance with these regulations; and 4. Certification of floodproofing and/or elevation must be provided on a standard form available from the city floodplain administrator. Sec. 38.600.150. - Emergency waiver. (38.31.150) A. Emergency repair and replacement of severely damaged public transportation facilities, public water and sewer facilities, public utility electricity and natural gas distribution facilities, and flood control works may be authorized. Floodplain development permit requirements may be waived if: 1. Upon notification and prior to emergency repair and/or replacement, the city floodplain administrator determines that an emergency condition exists warranting immediate action; and 2. The city floodplain administrator agrees upon the nature and type of proposed emergency repair and/or replacement. B. Authorization to undertake emergency repair and replacement work may be given verbally if the city floodplain administrator feels that such a written authorization would unduly delay the emergency works. Such verbal authorization must be followed by a written authorization describing the emergency condition, and the type of emergency work agreed upon and stating that a verbal authorization had been previously given. Sec. 38.600.160. - Review; variances; appeals. (38.31.160) Appeals and variances from this division 38.600 may be taken as set forth in division 38.250 of this chapter. The city floodplain administrator must maintain records of the variance notification and actions, including justification for their issuance, and forward copies of all variance actions to the state department of natural resources and conservation and the Federal Emergency Management Agency. Sec. 38.600.170. - Floodplain development; compliance. (38.31.170) Any use, arrangement or construction not in compliance as authorized by permit, must will be deemed a violation of this division 38.600 and punishable as provided in division 38.200 of this chapter. An applicant is required to submit certification by a registered professional engineer, architect, land surveyor or other qualified person designated by the city floodplain administrator that finished fill and lowest building floor elevations, floodproofing, hydraulic design or other flood protection measures were accomplished in compliance with these regulations. Sec. 38.600.180. - Emergency preparedness; planning. (38.31.180) In formulating community development goals, the community must consider the development of a plan for evacuating users of all development located within floodprone areas. This plan should be developed, filed with, and approved by appropriate community emergency management authorities. Sec. 38.600.190. - Applications; specific standards. (38.31.190) The minimum floodplain development standards listed in this division 38.600 apply to the floodway and floodway fringe portions of the 100-year floodplain as delineated on the flood hazard area maps or other flood hazard areas as may be determined by section 38.600.040. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 496 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.600.200. - Floodway—Uses allowed without floodplain permits. (38.600.200) A. When a site specific exemption or relaxation of the standards of section 38.410.100 allow utilization of a portion of the floodplain, the following uses must beare allowed without a permit within the floodway, provided that such uses conform to the provisions of sections 38.600.350 through 38.600.390; are not prohibited by any other ordinance, resolution or statute; and do not require fill, excavation, permanent storage of materials, or equipment or structures other than portable structures: 1. Agricultural uses; 2. Accessory uses such as loading and parking areas associated with industrial and commercial facilities; 3. Private and public recreational uses such as golf courses, driving ranges, archery ranges, picnic grounds, boat-launching ramps, parks, wildlife management and natural areas, fish hatcheries, fishing areas, and hiking or horseback riding trails; 4. Residential uses such as lawns, gardens, parking areas and play areas; 5. Irrigation and livestock supply wells, provided that they are located at least 500 feet from domestic water supply wells; and 6. Fences, except permanent fences crossing channels. Sec. 38.600.210. - Floodway—Uses requiring floodplain permits. (38.31.210) A. When a site specific exemption or relaxation of the standards of section 38.410.100 allow utilization of a portion of the floodplain, the following artificial obstructions may be permitted in the floodway subject to the issuance of a permit by the city floodplain administrator: 1. Excavation of material from pits and pools provided that: a. A buffer strip of undisturbed land is left between the edge of the channel and the edge of the excavation. This buffer strip must be of sufficient width to prevent flood flows from channeling into the excavation; b. The excavation meets all applicable laws and regulations of other local and state agencies; and c. Excavated material is disposed of or stockpiled outside the floodway; 2. Railroad, highway and street stream crossings provided the crossings are designed to offer minimal obstruction to flood flow. Stream crossings must may not increase the elevation of the 100-year flood more than one-half foot nor cause a significant increase in flood velocities; 3. Limited filling for highway, street and railroad embankments not associated with stream crossings, provided that: a. Reasonable alternate transportation routes outside the designated floodway are not available; and b. Such floodway encroachment is located as far from the stream channel as possible and must may not result in a cumulative increase in base flood elevations, after allowable encroachments into the floodway fringe, exceeding one-half foot; 4. Buried or suspended utility transmission lines, provided that: a. Suspended utility transmission lines are designed so the lowest point of the suspended line is at least six feet higher than the base flood elevation; b. Towers and other appurtenant structures are designed and placed to withstand and minimally obstruct flood flows; and BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 497 December 20, 2017 UDC update 7-28-2017 draft c. Utility transmission lines carrying toxic or flammable materials are buried to a depth of at least twice the calculated maximum depth of scour for a 100-year flood. The maximum depth of scour must be determined by hydraulic engineering methods acceptable to the city floodplain administrator; 5. Storage of materials and equipment, provided that: a. The material or equipment is not subject to major damage by flooding and is properly anchored to prevent floatation or downstream movement; or b. The material or equipment is readily movable within the limited time available after flood warning. Storage of flammable, toxic, hazardous or explosive materials must not be permittedis prohibited; 6. Domestic water supply wells, provided that: a. They are driven or drilled wells located on ground higher than the surrounding ground to ensure positive drainage from the well; b. Well casings are watertight to a distance of at least 25 feet below the ground surface; c. Water supply and electrical lines have a watertight seal where the lines enter the casing; d. All pumps, electrical lines and equipment are either submersible or adequately floodproofed; and e. Check valves are installed on main water lines at wells and at all building entry locations; 7. Substantial improvements to any structure provided that the provisions of subsections C, D or E of section 38.600.260 are met. In the floodway, the structure must be floodproofed or elevated on a permanent foundation rather than on fill; and 8. All other artificial obstructions, substantial improvements or nonconforming uses not specifically listed or prohibited by these regulations. Sec. 38.600.220. - Same—Permits for flood control works. (38.31.220) A. It is desired that flood control be primarily accomplished by on-site stormwater management, protection of bank stabilizing vegetation, preserving an unobstructed floodplain and keeping development away from areas prone to flooding. In the event that adequate flood control can not be achieved by these methods, flood control works must beare allowed within floodways subject to the issuance of a permit by the city floodplain administrator with the following conditions: 1. Levees and floodwalls are permitted if: a. The proposed levee or floodwall is designed and construed to safely convey a 100-year flood; and b. The cumulative effect of the levee or floodwall combined with allowable floodway fringe encroachments does not increase the unobstructed base flood elevation more than one-half foot. The city floodplain administrator may establish either a lower or higher permissible increase in the base flood elevation for individual levee projects only with concurrence from the state department of natural resources and conservation and the Federal Emergency Management Agency based upon consideration of the following criteria: (1) The estimated cumulative effect of any anticipated future permissible uses; and (2) The type and amount of existing floodprone development in the affected area; c. The proposed levee or floodwall, except those to protect agricultural land, is constructed at least three feet higher than the base flood elevation; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 498 December 20, 2017 UDC update 7-28-2017 draft 2. Bank stabilization methods provided that: a. When selecting a bank stabilization method, best management practices consistent with the intent of this chapter must be used; b. The bank stabilization method is designed to withstand a 100-year flood; c. The bank stabilization method does not increase the base flood elevation; and d. The bank stabilization method will not increase erosion upstream, downstream or adjacent to the stabilization site; 3. Channelization projects if they do not significantly increase the magnitude, velocity or base flood elevation in the proximity of the project; 4. Dams provided that: a. They are designed and constructed in accordance with the Montana Dam Safety Act and applicable safety standards; and b. They will not increase flood hazards downstream, either through operational procedures or improper hydraulic design. Sec. 38.600.230. - Same—Permits for water diversions. (38.31.230) A. Permits for the establishment of a water diversion or change in place of diversion must will not be issued if, in the judgment of the city floodplain administrator: 1. The proposed diversion will significantly increase the upstream base flood elevation to the detriment of neighboring property; 2. The proposed diversion is not designed and constructed to minimize potential erosion from a 100-year flood; and 3. Any permanent diversion structure crossing the full width of the stream channel is not designed and constructed to safely withstand a 100-year flood. Sec. 38.600.240. - Same—Prohibited uses. (38.31.240) A. The following artificial obstructions and nonconforming uses are prohibited within the floodway: 1. New construction of any residential, commercial or industrial structure including manufactured homes; 2. Encroachments including fill, new construction, alterations, substantial improvements and other development within the adopted regulatory floodway that would result in erosion of the embankment, obstruction of the natural flow of waters or increase in flood levels within the community during the occurrence of the 100-year flood; 3. The construction or permanent storage of an object subject to floatation or movement during flooding; 4. Solid and hazardous waste disposal, sewage treatment and sewage disposal systems; 5. Storage of toxic, flammable, hazardous or explosive materials; and 6. Alterations of structures unless it can be shown the alteration will not raise flood heights. Sec. 38.600.250. - Floodway fringe—Uses allowed without permits. (38.31.250) All uses allowed in the floodway, according to the provisions of section 38.600.200 of these regulations, must are also be allowed without a permit in the floodway fringe. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 499 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.600.260. - Same—Uses requiring permits. (38.31.260) A. When a site specific exemption or relaxation of the standards of section 38.410.100 allows utilization of a portion of the floodplain, the uses allowed in the floodway subject to the issuance of a permit, according to the provisions of sections 38.600.210 through 38.600.230, must also be allowed by permit within the floodway fringe. In addition, new construction, substantial improvements and alterations to structures are allowed by permit. This includes but is not limited to residential, commercial and industrial construction and suitable fill to be allowed by permit from the city floodplain administrator, subject to the following conditions: 1. Such structures or fill must not be prohibited by any other statute, regulation, ordinance or resolution; 2. Such structures or fill must be compatible with local growth policies; 3. The new construction, alterations and substantial improvements of residential structures including manufactured homes must be constructed on suitable fill such so that the lowest floor elevation (including basement) is two feet or more above the base flood elevation. Any approved suitable fill must be at an elevation no lower than the base flood elevation and must extend for at least 15 feet, at that elevation, beyond the structure in all directions; 4. The new construction, alteration and substantial improvement of commercial and industrial structures can be constructed on suitable fill as specified in subsection C of this section. If not constructed on fill, commercial and industrial structures must be adequately floodproofed to an elevation no lower than two feet above the base flood elevation. Floodproofing must be certified by a registered professional engineer or architect that the floodproofing methods are adequate to withstand the flood depths, hydrodynamic and hydrostatic pressures, velocities, impact, buoyancy and uplift forces associated with the 100-year flood; a. If the structure is designed to allow internal flooding of areas below the lowest floor, use of this space must be limited to parking, loading areas, building access and storage of equipment or materials not appreciably affected by floodwaters. The floors and wall must be designed and constructed of materials resistant to flooding to an elevation no lower than two feet above the base flood elevation. Walls must be designed to automatically equalize hydrostatic forces by allowing for entry and exit of floodwaters. Openings may be equipped with screens, louvers, valves, other coverings or devices which permit the automatic entry and exit of floodwaters; b. Structures whose lowest floors are used for a purpose other than parking, loading or storage of materials resistant to flooding must be floodproofed to an elevation no lower than two feet above the base flood elevation. Floodproofing must include impermeable membranes or materials for floors and walls and watertight enclosures for all windows, doors and other openings. These structures must also be designed to withstand the hydrostatic, hydrodynamic and buoyancy effects of a 100-year flood; and c. Floodproofing of electrical, heating and plumbing systems must be accomplished in accordancecomply with sections 38.600.350 through 38.600.390; 5. All manufactured homes placed in the floodway fringe must have the chassis securely anchored to a foundation system that will resist floatation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, over-the-top or frame ties to ground anchors. The following conditions also apply: a. When a manufactured home is altered, replaced because of substantial damage as a result of a flood, or replaced on an individual site, the lowest floor must be elevated two feet above the base flood elevation. The home can be elevated on fill or raised on a permanent BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 500 December 20, 2017 UDC update 7-28-2017 draft foundation of reinforced concrete, reinforced mortared block, reinforced piers or other foundation elements of at least equivalent strength; and b. Replacement or substantial improvement of manufactured homes in an existing manufactured home community or subdivision must be raised on a permanent foundation. The lowest floor must be at least 36 inches above the ground or raised two feet above the base flood elevation, whichever is less. The foundation must consist of reinforced concrete, reinforced mortared block, reinforced piers or other foundation elements of at least equivalent strength; c. Manufactured homes proposed for use as commercial or industrial structures must be elevated and anchored, rather than floodproofed; 6. Fill material placed in the floodway fringe must be stable, compacted, well graded, pervious, generally unaffected by water and frost, devoid of trash or similar foreign matter, devoid of tree stumps or other organic material, and appropriate for the purpose of supporting the intended use and/or permanent structure; 7. Roads, streets, highways and rail lines must be designed to minimize increase in flood heights. Where failure or interruption of transportation facilities would result in danger to the public health or safety, the facility must be located two feet above the base flood elevation; and 8. Agricultural structures that have a low damage potential, such as sheds, barns, shelters, and hay or grain storage structures must be adequately anchored to prevent floatation or collapse and all electrical facilities must be placed above the base flood elevation; a. Recreational vehicles, if they are on the site for more than 180 consecutive days or are not ready for highway use, must meet the elevating requirements of subsection C of this section. Sec. 38.600.270. - Floodplain—Prohibited uses. (38.31.270) A. The following artificial obstructions and nonconforming uses are prohibited within the floodway fringe: 1. Solid and hazardous waste disposal; and 2. Storage of highly toxic, flammable, hazardous or explosive materials. Storage of petroleum products may be allowed by permit if stored on compacted fill at least two feet above the base flood elevation and anchored to a permanent foundation to prevent downstream movement. Sec. 38.600.280. - Same—Areas with flood elevations and no delineated floodway. (38.31.280) A. A development proposed for a 100-year floodplain, where water surface elevations are available but no floodway is delineated, may not significantly increase flood velocities or depths or generally alter patterns of flood flow. The provisions of sections 38.600.250 through 38.600.270 must apply to these areas. The city floodplain administrator may require a permit applicant to furnish additional hydraulic data before acting on a permit application for such a floodplain. The data may include, but are not limited to, any of the following: 1. A hydraulic study documenting probable effect on upstream, downstream or adjacent property owners’ caused by the proposed development; or 2. The calculated increase in the 100-year floodwater surface profile caused by the proposed development. B. Permits for such proposed development may be modified or denied if the additional information shows that the proposed use would cause an additional flood hazard to adjacent property or BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 501 December 20, 2017 UDC update 7-28-2017 draft significantly increase flood heights. A significant increase in flood height is one-half foot unless existing or anticipated development in the area dictates a lesser amount of allowable increase. Sec. 38.600.290. - Shallow flooding (AO zones). (38.31.290) A. Shallow flooding areas are delineated as AO zone floodplains on the flood insurance rate maps. The provisions of section 38.600.260 must apply to any AO zone floodplains. The depth of the 100-year flood is indicated as the depth number on the flood insurance rate maps. The 100-year flood depth must be referenced to the highest adjacent grade or stream flow line in determining which fill or floodproofing heights to use in applying the provisions of subsections C and D of section 38.600.260. In the absence of depth or elevation information, a minimum two-foot flood depth must be used. B. Floodplain boundary interpretation. The city floodplain administrator must make interpretations where needed as to the exact location of an AO zone floodplain boundary when there is a conflict between a mapped boundary and actual field conditions. Sec. 38.600.300. - Applicability to unnumbered A zones. (38.31.300) The minimum floodplain development standards listed in this section apply to the 100-year floodplains delineated by approximate methods and identified as unnumbered A zones on the flood insurance rate maps. Sec. 38.600.310. - A zones—Uses allowed without permits. (38.31.310) All uses allowed in a floodway, according to the provisions of section 38.600.210, must are also be allowed without a permit in unnumbered A zone floodplains. Sec. 38.600.320. - Same—Uses requiring permits. (38.31.320) A. All uses allowed in the floodway and floodway fringe subject to the issuance of a permit according to the provisions of section 38.600.260, must require permits from the city floodplain administrator for unnumbered A zone floodplains. Also, the provisions of section 38.600.260 apply to the A zone floodplains with no floodway delineated or water surface profile computed. Since there are no 100- year floodwater surface profiles computed for A zone floodplains, the following conditions also apply: 1. Elevation data on the 100-year flood must be provided for subdivision proposals according to the definitions and rules of the Montana Sanitation in Subdivisions Act, title 76, chapter 4, part 1, Montana Code Annotated (MCA 76-4-101 et seq.) and the rules adopted by Department of Environmental Quality under this Act. These data must be used in applying subsections C, D and E of section 38.600.270. Subdivision proposals must also provide for adequate drainage to minimize potential flood hazards; 2. The city floodplain administrator may obtain, review and reasonably use any base flood elevation and floodway data available from federal, state or other sources, until such data have been provided by FEMA, to enforce subsections C and D of section 38.600.270; 3. The city floodplain administrator may use historical flood elevations to determine suitable fill or floodproofing elevations as required by subsections C and D of section 38.600.270; 4. If historical flood evidence is not available, then the city floodplain administrator must determine, from a field review at the proposed development site, an appropriate fill or floodproofing elevation to use in applying subsections C and D of section 38.600.270. In the absence of depth or elevation information, a minimum two foot flood depth must be used; and 5. Proposed structures must be anchored to prevent floatation or collapse and must be located as far from stream channels as practicable. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 502 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.600.330. - Same—Prohibited uses. (38.31.330) Those uses prohibited in the floodway fringe, in accordance with section 38.600.270, must are also be prohibited within the A zone floodplain boundaries. Sec. 38.600.340. - Same—Floodplain boundary interpretation. (38.31.340) The city floodplain administrator must make interpretations where needed as to the exact location of the unnumbered A zone floodplain boundary when there is a conflict between a mapped boundary and actual field conditions. Sec. 38.600.350. - Floodproofing requirements—Certification. (38.31.350) If the following floodproofing requirements are to be applied to a proposed structure, as stipulated by the city floodplain administrator in accordance with these regulations, the methods used must be certified as adequate by a registered professional engineer or architect. Sec. 38.600.360. - Same—Conformance. (38.31.360) Permitted floodproof systems must conform to the conditions listed in sections 38.600.370 through 38.600.390 and the floodproofing standards listed in subsection D of section 38.600.260 for commercial and industrial structures. Sec. 38.600.370. - Same—Electrical systems. (38.31.370) A. All incoming power service equipment, including all metering equipment, control centers, transformers, distribution and lighting panels, and all other stationary equipment must be located at least two feet above the base flood elevation; B. Portable or movable electrical equipment may be placed below the base flood elevation, if the equipment can be disconnected by a single submersible plug-and-socket assembly; C. The main power service line must have automatic or manually operated electrical disconnect equipment located at an accessible location outside the 100-year floodplain and above the base flood elevation; and D. All electrical wiring systems installed at or below the elevation of the 100-year flood must be suitable for continuous submergence and may not contain fibrous components. Sec. 38.600.380. - Same—Heating systems. (38.31.380) A. Float operated automatic control valves must be installed in gas furnace supply lines so that the fuel supply is automatically shut off when floodwaters reach the floor level where the furnace is located; B. Manually operated gate valves must be installed in gas supply lines. The gate valves must be operable from a location above the elevation of the 100-year flood; and C. Electric heating systems must be installed in accordance with the provisions of International Building Code and any other applicable regulations. Sec. 38.600.390. - Same—Plumbing systems. (38.31.390) A. Sewer lines, except those to be buried and sealed in vaults, must have check valves installed to prevent sewage backup into permitted structures; and B. All toilet stools, sinks, urinals and drains must be located so the lowest point of possible water entry is at least two feet above the elevation of the 100-year flood. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 503 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.600.400. - Violation—Notice. (38.31.400) The city floodplain administrator must bring any violation of this division 38.600 to the attention of the local governing body, its legal council and the state department of natural resources and conservation. Sec. 38.600.410. - Same—Penalty. (38.31.410) Violation of the provisions of this division 38.600 or failure to comply with any of the requirements, including permit approval prior to development of floodprone lands, and conditions and safeguards established must beare subject to the provisions of division 38.200 of this chapter. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 504 December 20, 2017 UDC update 7-28-2017 draft 38.610 Wetland Regulations (Article 30) Sec. 38.610.010. - Title and applicability. (38.30.010) These regulations must beare known as the city wetland regulations and may be cited as the wetlands regulations. These wetland regulations must govern areas in compliance with the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual of the U.S. (1987 Corps Manual), or the most current wetland delineation manual sanctioned by the Army Corps of Engineers (ACOE)-Omaha District. This manual provides specific guidelines and methods to identify whether an area is a wetland and to determine the boundary between wetlands and uplands. The city's wetland regulations will pertain to wetlands with a direct hydrologic connection to "waters of the U.S." (those wetlands that connect to a federally- regulated stream or river directly or via a series or watercourse, wetlands or ditches), and also to isolated wetlands with no direct connection to a water of the U.S. and exhibit positive wetland indicators for all three wetland parameters. The provisions contained in these regulations do not apply to wetlands created by a wholly manmade water source used for irrigation purposes or stormwater control. Sec. 38.610.020. - Intent and purpose. (38.30.020) A. Wetlands perform many important ecological functions. It is the intent and purpose of this division 38.610 to protect, preserve and enhance wetlands to provide the following functions: 1. Aquifer recharge; 2. Water storage; 3. Regional stream hydrology (discharge and recharge); 4. Flood control and storage; 5. Sediment control (filter for waste); 6. Nutrient removal from urban runoff; and 7. Erosion control. B. Wetlands provide important values that enhance the quality of life of community residents. It is the intent of this division 38.610 to protect, preserve and enhance wetlands to provide the following values: 1. Habitat for fish, wildlife and plants (including endangered and threatened); 2. Recreation; 3. Open space; 4. Visual and aesthetic; 5. Education and research; and 6. Historical, cultural and archaeological resources. C. Wetlands can present significant constraints to development. Wetlands typically form in areas characterized by poor drainage conditions which are ill-suited for most types of development. Development in these areas often involves extra expense resulting from considerations for site drainage, flood protection and facility maintenance. In addition, wetlands are characterized by hydric soils that are unstable for most types of development. Hydric soils tend to compress under the weight of structures and decompose when drained. Therefore, costs of development may be greater due to complex engineering design requirements, or the need to excavate and replace the soils. It is the intent of these regulations to protect public and private facilities and structures from damage, and to minimize public and private development and maintenance costs. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 505 December 20, 2017 UDC update 7-28-2017 draft D. It is not the intent of this division 38.610 to prohibit all activities within regulated areas and associated buffers, but rather to encourage the avoidance of regulated activities within the regulated areas and to require best management practices in regulated areas. E. Nothing in this division 38.610 must will be construed to prevent irrigation companies from diverting and carrying water under historic water rights or owners of such rights from exercising those historic rights. F. Nothing in this division 38.610 must will be construed to prevent compliance with applicable state or federal statutes and regulations. Sec. 38.610.030. - Application of wetland regulations. (38.30.030) A. These regulations must apply to any regulated activity which may impact wetlands as defined in section 38.700 known prior to or discovered through the development review process, and verified through a site-specific wetlands boundary determination. When any regulated activity is proposed a wetlands boundary determination must be conducted. If the determination finds that there are no wetlands present on the subject tract, these regulations must do not apply. If, however, wetlands are found on the subject tract the proposal must beis subject to these regulations. The provisions of this division 38.610 must will be applied in addition to any other applicable regulations of this chapter. 1. The wetlands boundary determination must be prepared in accordance with the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual of the U.S. (1987 Corps Manual), or the most current wetland delineation manual sanctioned by the Army Corps of Engineers (ACOE)- Omaha District by a qualified wetland professional. 2. A qualified wetland professional is an individual with a minimum of a bachelor's degree in a water resource related field, five years experience, and/or a professional wetland scientist certification. B. Isolated wetlands with a size of less than 400 square feet, regardless of property boundaries, are exempt from this division 38.610 unless the wetland provides habitat for the following species: 1. Plant, animal or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service; and/or 2. Plant, animal or other wildlife species listed as a species of concern, species of potential concern, or species on review by the state department of fish, wildlife and parks and the state natural heritage program. C. Any development for which the watercourse setback requirements of section 38.410.100 are provided is considered to have addressed the concerns of this division 38.610 and is exempt from this article. D. This article division 38.610 is not intended to repeal, abrogate, supersede or impair any existing federal, state, or local law, easement, covenant or deed restriction. However, if this article division imposes greater or more stringent restrictions, the provisions of this article division must prevail. Specifically, if a regulated activity pursuant to this article division also requires authorization under section 404 of the Clean Water Act from the U.S. Army Corps of Engineers, the applicant must meet any greater or more stringent restrictions set forth in this article division in addition to and independent of the restrictions of such permit. Sec. 38.610.040. - Wetlands review board powers and duties. (38.30.040) A. If established, the WRB must havehas the powers and duties established in 2.05.2900. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 506 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.610.050. - Wetlands determinations. (38.30.050) A. Wetland boundary determinations must be performed in accordance with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (January 1987). B. An electronic and printed document containing the wetland boundary determination and raw survey data (if applicable) must be provided per part 1 of division 38.220. The data must be reported in UTM Zone 12 coordinates and NAD83 datum. Sec. 38.610.060. - Regulated activities. (38.30.060) A. No person must may conduct any of the following regulated activities within a wetland, as described in 38.610.030, without first having the proposed activity and approved by the review authority. Any activity which reduces the size of a wetland or reduces the degree to which a wetland performs any function is subject to the requirements of this division 38.610. Such activities include but are not limited to: 1. Placement of any material, including without limitation any soil, sand, gravel, mineral, aggregate, organic material or water; 2. Construction, installation or placement of any obstruction or the erection of a building, trail, boardwalk or other structure; 3. Removal, excavation or dredging of solid material of any kind, including without limitation any soil, sand, gravel, mineral, aggregate or organic material; 4. Removal of any existing vegetation or any activity which will cause any loss of vegetation in a wetland; 5. Alteration of the water level or water table by any means, including without limitation draining, ditching, trenching, impounding or pumping; and 6. Disturbance of existing surface drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics by any means, including without limitation grading and alteration of existing topography. B. The following activities are permissible in a wetland, without prior approval by the review authority, if such activity does not reduce the size of a wetland or significantly reduce the degree to which a wetland performs any function. Such activity must be in compliance with any other applicable state or federal law. Activities permissible without prior approval include: 1. Maintenance of an existing and lawful public or private road, structure or facility, including but not limited to drainage facilities, water conveyance structures, dams, fences or trails, or any facility used to provide transportation, electric, gas, water, telephone, telecommunications or other services provided that these activities do not materially change or enlarge any road, structure or facility; 2. Maintenance of an existing farm or stock pond, water conveyance structure, agricultural fence or drainage system; 3. Weed control consistent with a Noxious Weed Management and Revegetation Plan approved by the county weed control district; 4. Continuation of existing agricultural practices such as the cultivation and harvesting of hay or pasturing of livestock, or change of agricultural practices which has no greater impact on wetland function; 5. Conservation or preservation of soil, water, vegetation, fish and other wildlife; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 507 December 20, 2017 UDC update 7-28-2017 draft 6. Outdoor recreational activities, such as fishing, bird watching, hiking, rafting and swimming which do not harm or disturb the wetland; 7. The harvesting of wild crops; 8. Education and scientific research; 9. Minor improvements and landscape maintenance outside a wetland but within a previously established wetland buffer, including but not limited to the pruning of trees, mowing of grass, and removal of dead vegetation and debris; and 10. Activities in a wetland previously approved pursuant a wetland permit, including but not limited to removal of debris and maintenance of vegetation and wildlife habitat. Sec. 38.610.070. - Application requirements and procedures for activities in wetland areas. (38.30.070) A. Review. All proposals for regulated activities in wetlands areas must be reviewed by the review authority. The applicant must prepare a functional assessment for all wetlands. Based on the functional assessment and other submittal materials, the review authority may request the WRB, if established, forward a recommendation of approval, conditional approval or denial to the review authority. B. Decision. All proposals for regulated activities in regulated wetland areas must be reviewed and approved, conditionally approved, or denied by the review authority in accordance with articles 240, 230 and 430 of this chapter prior to commencement of the regulated activity. 1. If a regulated activity is proposed for a regulated wetland area, but the regulated activity is not proposed in conjunction with a land development proposal, the applicant must submit a sketch plan application for decision by the review authority. C. Submittal materials. The information required in 38.220.130 must be submitted for all regulated activities proposed for regulated wetland areas. D. Noticing. The review of regulated activities proposed for regulated wetland areas must comply with the noticing requirements of division 38.220 of this chapter. Sec. 38.610.080. - Review standards. (38.30.080) A. The review authority may approve, conditionally approve or deny a regulated activity in a regulated wetland if: 1. The applicant has demonstrated that all adverse impacts on a wetland have been avoided; or 2. The applicant has demonstrated that any adverse impact on a wetland has been minimized; the activity will result in minimal impact or impairment to any wetland function and the activity will not result in an adverse modification of habitats for, or jeopardize the continued existence of, the following: a. Plant, animal or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service; and/or b. Plant, animal or other wildlife species listed as a species of concern, species of potential concern, or species on review by the state department of fish, wildlife and parks and the state natural heritage program; or 3. The applicant has demonstrated that the project is in the public interest, having considered and documented: a. The extent of the public need for the proposed regulated activity; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 508 December 20, 2017 UDC update 7-28-2017 draft b. The functions and values as determined by a state accepted method of functional assessment of the wetland that may be affected by the proposed regulated activity; c. The extent and permanence of the adverse effects of the regulated activity on the wetland and any associated watercourse; d. The cumulative adverse effects of past activities on the wetland; and e. The uniqueness or scarcity of the wetland that may be affected. Sec. 38.610.090. - Wetland permit conditions. (38.30.090) A. The review authority may recommend conditions of approval for proposed regulated activities, and the city may conditionally approve proposed regulated activities, subject to the following conditions: 1. Requiring the provision of a wetland buffer of a size appropriate for the particular proposed activity and the particular regulated wetland area; 2. Requiring that structures be appropriately supported and elevated and otherwise protected against natural hazards; 3. Modifying waste disposal and water supply facilities; 4. Requiring deed restrictions or covenants regarding the future use and subdivision of lands, including but not limited to the preservation of undeveloped areas as open space and restrictions on vegetation removal; 5. Restricting the use of an area, which may be greater than the regulated wetland area; 6. Requiring erosion control and stormwater management measures; 7. Clustering structures or development; 8. Restricting fill, deposit of soil and other activities which may be detrimental to a wetland; 9. Modifying the project design to ensure continued water supply to the regulated wetland; and 10. Requiring or restricting maintenance of a regulated wetland area for the purpose of maintaining wetland functions. 11. A Requiring a yearly mitigation monitoring report to be submitted to the review authority on a yearly basis, with the due date to be determined on a case-by-case basis. 12. A Requiring a deed restriction to be filed with the county clerk stating the measures that will be taken to protect all water resources, mitigation, and buffer areas in perpetuity. 13. That Requiring that all reasonable effort has been made to limit indirect impacts to vegetation, faunal interspersion and connectivity, and hydrological connectivity in the site design (e.g., any structures, boardwalks, viewing platforms, or bridges, which are constructed within wetlands will have at least a two-foot space between the bottom chord of the structure and the wetland surface elevation to limit shading impacts and allow wetland vegetation to persist). 14. The Requiringreview authority may recommend conditions to that mitigate for locally-regulated (wetlands not connected to a water of the U.S.) infringement upon watercourses, buffers, or negative indirect or direct effects on the functionality of wetlands, watercourses or buffers. Sec. 38.610.100. - Appeals. (38.30.100) Depending upon the application procedure involved, decisions related to the approval or denial of regulated activities proposed for regulated wetland areas may be appealed in accordance with the provisions of division 38.250 of this chapter. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 509 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.610.110. - Enforcement. (38.30.110) This division 38.610 must will be enforced in accordance with the provisions contained in division 38.200 of this chapter. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 510 December 20, 2017 UDC update 7-28-2017 draft ARTICLE 7. DEFINITIONS Sec 38.700 Terms & Interpretation Sec. 38.700.010. - Definition of terms and interpretation of language. (38.42.010) A. Terms specifically defined in regulations issued by the department of justice and the department of transportation to implement the Americans with Disabilities Act or in referenced standards must have those meanings. Otherwise, all words in this chapter must be first defined as provided in this division 38.700 and, if not defined herein, must be defined as in the latest edition of "The Illustrated Book of Development Definitions" by Harvey S. Moskowitz and Carl G. Lindbloom, and if not defined in "The Illustrated Book of Development Definitions," must have their customary dictionary definitions as defined in collegiate dictionaries in the sense that the context implies. B. Words used in the present tense include the future tense; words used in the singular include the plural, and words used in the plural include the singular; the word "must" is always mandatory, the word "person" includes a firm, association, organization, partnership, trust, corporation or company, as well as an individual; the word "lot" includes the words "plot" or "parcel"; the word "building" includes the word "structure"; the words "used" or "occupied," as applied to any land or building, must beis construed to include the word "intended, arranged, or designed to be used or occupied"; the words "map" or "zoning map" mean the zoning map of the city that delineate the area to be governed by these regulations. C. For the purposes of this chapter certain words and terms used herein are defined as follows: Sec. 38.700.020. – A definitions. Access or access way. (38.42.020) The place, means or way by which pedestrians and vehicles must have adequate and usable ingress and egress to property or use as required by this chapter. Accessory building or use. (38.42.030) A subordinate building, or portion of the principal building, located on the same lot as the principal building, or a subordinate use of land, either of which is customarily incidental to the principal building or to the principal use of land. Where part of an accessory building is connected to part of the principal building by a common wall, such accessory building must be counted as part of the principal building. Individual public utility installations above ground are considered accessory buildings. Adaptive reuse. (38.42.040) The development of a new use for an older building or for a building originally designed for a special or specific purpose. Administrative design review (ADR) staff. (38.42.050) Certain members of the planning staff charged with the design review, as defined in this division 38.700, of certain plans and proposals as specified in this chapter. The organization, composition and procedures of the administrative design review staff are subject to the requirements of division 38.200 of this chapter. Adult business. (38.42.060) An establishment which advertises, trades, exchanges, transfers, sells, presents, shows, offers or exhibits materials, activities, reproductions, likenesses, services and/or objects defined as obscene by MCA 45-8-201(2). Adult business as defined in this section must include, but need are not be limited to, adult bookstores, adult motion picture theaters, rap studios, massage parlors, exotic dance studios, nude art studios, nude photographic studios and nude body painting studios. Affordable housing. (38.42.070) Housing for persons earning less than 65 percent of the area's annual median income for rental housing and 100 percent of the area's annual median income for purchased BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 511 December 20, 2017 UDC update 7-28-2017 draft housing. Further, affordable housing does not require greater than 30 33 percent of the household gross annual median income for housing. Annual median income is defined by the Department of Housing and Urban Development. Affordable housing is subject to the city's affordable housing policy. Aggrieved person. (38.42.080) A person, as defined in this division 38.700, who has a specific, personal and legal interest in the final decision of an agency, board or commission, as distinguished from a general interest such as is the concern of all members of the community, and which interest would be specifically and personally prejudiced by the decision or benefited by its reversal. Agricultural activity. (38.42.090) The cultivation or tilling of soil or use of other growing medium for the purpose of producing vegetative materials for sale or for use in a commercial operation and/or the raising or tending of animals for commercial sale or use. Agriculture does not include gardening for personal use, keeping of house pets or animals as authorized under chapter 8, service animals in meaning of and conformance with the standards ofas defined by the Americans with Disabilities Act, or landscaping for aesthetic purposes. Agricultural water user facility. (38.42.100) Those facilities, which include but are not limited to ditches, pipes, and other water-conveying facilities, which provide water for irrigation and stock watering on agricultural lands, with said lands being defined in MCA 15-7-202. Alley. (38.42.110) A permanent public thoroughfare providing a secondary means of access to abutting lands connecting two right-of-way streets. Aliquot part. (38.42.120) An equal division of a government section in quarters as described by the Manual for the Survey of the Public Lands of the United States. Alteration. (38.42.130) Any act or process, except repair and light construction as defined herein, that changes one or more of the architectural features of a structure or site, including, but not limited to, the erection, construction, reconstruction, relocation of, or addition to a structure. The term "alteration" may apply to any act or process that changes the interior architectural features of that portion of a public or private property commonly frequented by the general public, provided said public or private property is located within a designated historic district or listed individually on the National Register of Historic Places. However, changes upon interior elements of private residences, regardless of their location or historic status, must are not be considered alterations as defined in this section. The term "alteration" further means any change or addition to a structure within a floodplain that either increases its exterior dimensions or increases its potential flood hazard. Animal hospital. (38.42.140) A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Outside pens, kennels or runs are not permitted as part of an animal hospital operation. Short-term interior boarding is permitted. Animated sign. (38.42.150) A sign depicting action, motion, light, or color change, or that change the sign displayed through electrical or mechanical means. Excludes those signs defined as revolving signs. Antenna. (38.42.160) One or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omnidirectional antenna (rod), directional antenna (panel) and parabolic antenna (disc). Apartment. (38.42.170) A habitable room or suite of two or more habitable rooms meeting the requirements of the city's adopted International Building Code, located in an apartment building or used for residential purposes in nonresidential buildings located within nonresidential districts, as specified in this chapter. Efficiency An efficiency units must qualify is as an apartment under this definition. Townhouses and rowhouses are excluded from this definition. Apartment building. (38.42.180) A building other than a hotel, or motel, townhouse, or rowhouse containing five or more dwelling units. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 512 December 20, 2017 UDC update 7-28-2017 draft Appellant. (38.42.190) An aggrieved person who has appealed the decision of an agency, board or commission to another body designated herein by the filing of a notice of appeal. Applicable non-discrimination laws. (38.42.195) The Fair Housing Amendments Act of 1988, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Montana Human Rights Act, and the Montana Governmental Code of Fair Practices. Applicant. (38.42.200) The person who, or organization which, submitted the application to the agency, board or commission for approval, or the person who, or organization which, submitted the application to the agency, board or commission whose decision has been appealed. Architectural appearance. (38.42.210) The architectural character and general composition of a structure, including, but not limited to, the kind and texture of the building's materials and the type, design and character of all windows, doors, light fixtures, signs and appurtenant exterior elements; and, interior architectural detail including, but not limited to, floors, fixtures, hardware, ornamentation and other elements that contribute to the building's architectural or historical significance. Area of special flood hazard. (38.42.220) The land in the floodplain within the community subject to inundation by a one percent or greater chance of flooding in any given year, i.e., the 100-year floodplain. Area of signs. (38.42.230) The area of a sign that must beis computed by enclosing the entire area within any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, figure or character together with any other material or color forming an integral part of the display or used to differentiate such sign from a building on which it is placed. The area of a sign having no such perimeter must beis computed by enclosing the entire area within parallelograms, triangles, or circles in a size sufficient to cover the entire area of the sign copy and computing the size of such area. In the case of a two-sided sign, the area must beis computed as including only the maximum single display surface which is visible from any ground position at one time. If the angle between the two sign faces is greater than 45 degrees, the sign area will be the sum of the areas of the two faces. The supports or uprights on which any sign is supported should are not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the sign. In the case of any spherical, conical, or cylindrical sign, one- half of the total surface area must beis computed as the area of the sign. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 513 December 20, 2017 UDC update 7-28-2017 draft Figure 38.700.020 Area of signs. Articulation. (new) The giving of emphasis to architectural elements (like windows, balconies, entries, etc.) that create a complementary pattern or rhythm, dividing large buildings into smaller identifiable pieces. See section 38.530.040 for articulation standards. Articulation interval. (new) The measure of articulation,; the distance before architectural elements repeat. See section 38.530.040 for articulation standards. Artificial obstruction/development. (38.42.250) Any obstruction which is not natural and includes any dam, diversion, wall, bank stabilization method, embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectification, bridge, conduit, culvert, building, refuse, automobile body, fill or other analogous structure or matter in, along, across or projecting into any 100-year floodplain which may impede, retard or alter the pattern of flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where the natural flow of water would carry the same downstream to the damage or detriment of either life or property. Arts center and/or entertainment center. (38.42.260) A structure or facility for the presentation of the performing arts, including indoor motion picture theaters; theaters for live performances; indoor concert halls; and studios for arts education, such as dance or painting. Also includes entertainment activities such as arcades; bowling alleys or pool halls. The term "arts and entertainment center" does not include any business meeting the definition of adult business as defined by this chapter. Attached structure. (38.42.270) A building sharing with one or more other buildings a common wall for not less than five feet. Automobile fuel sales or repair. (38.42.280) The use of a site for the direct sale of fuel to the end user, or for the repair of automobiles, noncommercialnon-commercial trucks, motorcycles, motor homes, recreational vehicles or boats. The term "automobile fuel sales or repair" includes the sale and on-site installation of parts, wheel and brake shops, body and fender shops, and similar repair and service activities, but excludes dismantling or salvage. Automobile reduction yard. (38.42.290) Any area of land where two or more motor vehicles not in running condition and/or two or more unlicensed motor vehicles, or parts thereof, are stored in the open and are not being restored to operation; or any land, building or structure used for the wrecking, dismantling, storage or abandonment of motor vehicles or parts thereof. Auto salvage yard. (38.42.300) A junkyard primarily containing inoperable vehicles for purposes of being dismantled and sold as parts. Automobile washing establishment. (38.42.310) A building which has its primary purpose as washing automobiles. Such facilities must beare considered incidental to automobile service stations if not more than one auto may be washed at one time and if the service station is clearly the principal use. Awning. (38.42.320) A roof-like structure, which is generally composed of a skeletal frame, covered in a fabric or other skin-type material, and typically opens on the bottom side, which projects beyond a building or extending along and projecting beyond the wall of the building. For the purposes of this chapter a sign on an awning must beis considered to be a wall sign. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 514 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.700.030. – B definitions. Banner. (38.42.330) Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. A single one of each national, state or municipal flags, or the official flag of any institution or business must are not be considered banners. Bar (tavern, cocktail lounge). (38.42.340) An establishment where alcoholic beverages are served on premises and where the total sales of alcohol exceed the total sales of food. Base flood. (38.42.350) A flood having a one percent chance of being equaled or exceeded in any given year. A base flood is the same as a 100-year flood. Base flood elevation. (38.42.360) The elevation above sea level of the base flood in relation to North American Vertical Datum of 1988 unless otherwise specified in the flood hazard study. Basement. (38.42.370) A portion of a building located partly underground but having not less than half its floor-to-ceiling height below the average grade of the adjoining ground. Figure 38.700.030-1 Basement. Beacon. (38.42.380) Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move. Bed and breakfast. (38.42.390) A single-household dwelling which remains owner-occupied at all times providing one or more guest rooms for compensation, and where food service is limited to breakfast which may be served to overnight guests only. Blank wall. (new) A ground floor wall or portion of a ground floor wall over 10 feet in height has a horizontal length greater than 20 feet and does not include a transparent window or door. See section 38.530.070.C for blank wall treatment standards. Building. (38.42.400) Any structure having enclosed space and a roof for the housing and/or enclosure of persons, animals or chattels. Building area. (38.42.410) The maximum horizontal projected area of the principal and accessory building, excluding open steps, terraces, and architectural appurtenances projecting not more than two BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 515 December 20, 2017 UDC update 7-28-2017 draft feet. Building area, as that portion of a lot upon which construction is permitted, is that area of a lot that lies within the boundaries of the front, side and rear yard setback requirements measured from the actual lot line. Building envelope. (38.42.420) The three-dimensional volume on a lot lying between the front, side and rear yard setback lines and between ground level and the maximum allowable building height, amounting to the area available for potential building construction. Building frontage. (38.42.430) The maximum dimension of the building front measured on a straight line parallel to the street, but excluding façades facing alleys or drivewaysdrive aisles. Building height. (38.42.440) The vertical distance measured from grade as defined in this section to the highest point on the roof or parapet wall. Where a building utilizes multiple roof styles or pitches, the highest point of each type of roof or parapet wall must be in conformancemust comply with applicable height regulations as established for the respective roof pitches in each zoning district. Where the vertical difference between grade as defined in this section is greater than two feet between opposite elevations of the building, the height of the building may be increased by one foot for every one foot in grade difference up to a maximum of six additional feet. Figure 38.700.030-2 Building height. Building, principal. (38.42.450) A building in which is conducted the main, or principal, use of the lot on which the building is situated. Business. (38.42.460) Engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services; the maintenance or operation of offices or recreational or amusement enterprisesA commercial enterprise carried on for profit; a particular occupation or employment habitually engaged in for livelihood or gain. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 516 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.700.040. – C definitions. Canopy. (38.42.470) Any open, permanent roof-like accessory structure which is not attached or part of a principal building. Canopy tree. (38.42.480) A species of tree which normally bears crown foliage no lower than six feet above ground level upon maturity. Carport. (38.42.490) A structure, open on at least two sides, consisting of a roof and either walls or columns for the purpose of housing automotive vehicles and other chattels. The structure must be considered as an accessory building when detached from the principal building and as a part of the principal building when attached to the principal building along one or more sides of the carport or principal building. Casino. (38.42.500) A. An establishment whose primary use or activity is gambling, either in the form of gambling machines (video poker, keno, etc.), card games or other licensed gambling activity. A casino will normallymay have beverage and restaurant facilities as accessory uses. In all instances, aAn establishment will be considered a casino for the purpose of these regulations if any of the following characteristics apply: 1. The establishment is referenced as a casino by signage, advertisement or by name; 2. More than one card table is on the premises; and/or 3. 15 or more gambling machines are on the premises. B. An applicant for a casino establishment must obtain a state license to sell alcoholic beverages for consumption on the premises. Cemetery. (38.42.510) Land used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery. Certificate of appropriateness. (38.42.520) A permit issued by the pertinent review authority indicating its approval of plans to alter or construct a structure or alter a site within the Neighborhood Conservation Overlay District or Entryway Overlay District. . Certificate of survey. (38.42.530) A drawing of a field survey prepared by a registered land surveyor for the purpose of disclosing facts pertaining to boundary locations. Child. (38.42.540) A person under 12 years of age. Church. (38.42.550) A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. City. (38.42.560) The City of Bozeman. City commission. (38.42.570) The governing body of the City of Bozeman. Civic use. (38.42.580) Public buildings or uses, including, but not limited to, college/university facilities, congregate postal facilities, schools, government offices, libraries, assembly uses, police stations, and fire stations. Club, private (nonprofit). (38.42.590) A nonprofit association of persons who are bona fide members, paying annual dues, which owns, hires or leases a building, or a portion thereof, the use of such premises being restricted to members and their guests. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 517 December 20, 2017 UDC update 7-28-2017 draft Collocation. (38.42.600) The placement of an antenna by two or more wireless service providers on a common antenna-supporting structure, or the addition or replacement of antennas on an existing structure. The term "collocation" does not include roof-mounted or surface-mounted wireless facilities or the placement of other antenna on an amateur radio antenna. Commercial message. (38.42.610) Any sign, wording, logo or other representation that directly or indirectly names, advertises or calls attention to a business, product, service or other commercial activity. Commercial node. (38.42.620) A. A commercial node is an area meeting all of the following conditions: 1. Designated as "community commercial" in the land use section of the city's adopted growth policy; 2. Designated as a B-2 zoning district; and 3. Located in one of the four following locations: a. Northwest of the intersection of Stucky Road and South 19th Avenue to the limits as shown on the future land use map contained in the adopted growth policy, b. East of Highland Boulevard across from the Bozeman Deaconess Hospital to the limits as shown on the future land use map contained in the adopted growth policy, c. South of West Main Street across from the Gallatin Valley Mall to the limits as shown on the future land use map contained in the adopted growth policy, d. Northwest of the intersection of Baxter Lane and Davis Lane to the limits as shown on the future land use map contained in the adopted growth policy. Common open space. (38.42.630) Undeveloped land within a subdivision that has been designated, dedicated, reserved or restricted in perpetuity from further development and is set aside for the use and enjoyment by residents of the development. Common open space must may not be part of individual residential lots. It must be substantially free of structures, but may contain historic structures and archaeological sites, and/or recreational facilities for residents, including but not limited to benches, picnic tables and interpretive signage as indicated on an approved development plan. Stormwater control facilities for the benefit of the subdivision may also be located within common open space. Common ownership. (38.42.640) Ownership by the same person, corporation, firm, entity, partnership or unincorporated association; or ownership by different corporations, firms, partnerships, or unincorporated association in which a stockbroker, partner, or associate, or a member of the owner's family owns an interest in each corporation, firm, partnership, entity or unincorporated association. Community center. (38.42.650) A building or portion of a building used for nonprofit cultural, educational, recreational, religious or social activities which is open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency. Examples of community centers are schools, churches, Boys and Girls Clubs, and similar uses. Community center does not include fraternities, lodges or similar uses. Community development director. (38.42.2380) The director of the Bozeman Department of Community Development and the person charged with the administration of this chapter unless otherwise specifically noted in this chapter. Community residential facility. (38.42.660) A. A facility licensed by the Montana Department of Public Health and Human services including: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 518 December 20, 2017 UDC update 7-28-2017 draft 1. Those occupied by persons having developmental disabilities and living together for the purpose of residential training, observation and/or common support, in which care is provided on a 24- hour per day basis; 2. A community group home for developmentally, mentally or severely disabled persons which does not provide skilled or intermediate nursing care; 3. A youth foster home or other facility for care of minors as defined in MCA 52-2-601 et seq.; 4. A halfway house operated in accordance with regulations of the state department of public health and human services for the rehabilitation of alcoholics or drug dependent persons; 5. A licensed adult foster care home; 6. An assisted living facility licensed under MCA 50-5-227; 7. A foster home, kinship foster home, youth shelter care facility, or youth group home operated under the provisions of MCA 52-2-621 through 52-2-623. Where a limitation of eight or fewer residents is imposed for the purpose of defining the necessary review process to establish this use, the operator of a residential facility, members of the operator's household or persons employed as staff must are not be counted as residents, except that the total number of all persons living at the facility must may not exceed ten. Compatible development. (38.42.670) The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and nonmotorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use. Compatible land use. (38.42.680) A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to, noise, odor, light and the presence of physical hazards such as combustible or explosive materials. Conditional use. (38.42.690) A public or private use as listed in this chapter which, because of its unique characteristics, cannot be properly classified as a principal use or accessory use in a particular district. After consideration in each case of the impact of such use upon neighboring land, and of the public need for the particular use at the particular location, a permit for such conditional use may or may not be granted, with or without conditions, in addition to any condition specifically stated in this chapter for any particular conditional use, including time limits, pursuant to the requirements of this chapter. Conditional use permit. (38.42.700) Legal authorization to construct, develop or operate a conditional use as defined by this chapter. Conservation easement. (38.42.710) The grant of a property right or interest from the property owner to the public or nonprofit conservation organization stipulating that the described land must remain in perpetuity in its natural and open state, precluding future or additional development (with the exception of any allowable structures or facilities). Contiguous tract. (38.42.720) For the purpose of these regulations, aA parcel of land next to, abutting, adjoining or touching another individual parcel of land, including tracts which are separated by public right-of-way. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 519 December 20, 2017 UDC update 7-28-2017 draft Construction. (38.42.730) The act of adding to an existing structure or erecting a new principal or accessory structure; the act of building by combining or arranging parts or elements; the thing so built. Convenience food restaurant. (38.42.740) A. An establishment whose principal business is the sale of foods, frozen desserts or nonalcoholic beverages to the consumer in a ready-to-eat state for consumption either within the premises or for carry-out with consumption either on or off the premises and whose design or principal method of operation includes both of the following characteristics: 1. Foods, frozen desserts or nonalcoholic beverages are usually served in edible containers or in paper, plastic or other disposable containers; 2. The customer is not served food at the customer's table by an employee but receives it at a counter, window or similar facility for carrying to another location for consumption either on or off the premises. Convenience use. (38.42.750) A. Retail commercial uses which have relatively high traffic-generation rates per 1,000 square feet compared to other commercial uses. A use is designated as a convenience use if the method of operation includes one or more of the following characteristics: 1. Retail motor fuel is sold; 2. The primary business is the sale of food or drink for consumption, either on or off premises, over a counter, or from an outdoor service window or automobile service window. Of the food or drink sold, at least 20 percent is in disposable or carry-out containers; or 3. Use features dDrive-in and/or drive-through componentrestaurants. Cooperative household. (38.42.760) A. A cooperative household is a single housekeeping unit with five or more persons which exhibits four or more of the following characteristics: 1. A shared strong bond or common commitment to a single purpose, such as members of a religious order; 2. Are not legally dependent on others not living with them; 3. Can establish legal "domicile" as defined by state law; 4. Share a single household budget; 5. Share in the work of maintaining the premises; 6. Legally share in the ownership or possession of the premises, e.g., tenants in common on a deed or cosigners of a single lease; or 7. The A relationship must be of a permanent and distinct character with a demonstrable and recognizable bond characteristic of a cohesive unit. B. Cooperative housing does not mean any society, club, fraternity, sorority, association, lodge, organization or other individuals with a common living arrangement or whose basis for the establishment of the housekeeping unit is for a period of less than 12 months. Cornice. (new) A horizontal molding projecting along the top of a wall, building, etc. See 38.530.050.E for related standards. Covenant. (38.42.770) An agreement that binds and restricts the land in the hands ofand binds present owners and subsequent purchasers grantees with a view towards protecting and enhancing the physical, natural and economic integrity of an area. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 520 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.700.050. – D definitions. Date of submission. (38.42.780) The date at which the plat or plan and all required supplementary information is received and certified as complete by the planning department. Day care center. (38.42.790) A place in which supplemental care is provided to 13 or more nonresident persons on a regular basis and which is licensed by the state. Day care home, family. (38.42.800) A private residence in which supplemental care is provided to three to six nonresident persons from separate families on a regular basis and which is registered by the state. Day care home, group. (38.42.810) A private residence in which supplemental care is provided to seven to 12 nonresident persons on a regular basis and which is registered by the state. Dedication. (38.42.820) The deliberate appropriation of land by an owner for any general and public use, reserving no rights which are incompatible with the full exercise and enjoyment of the public use to which the property has been devoted. Demolition. (38.42.830) Any act or process that destroys, in part or whole, a structure or archaeological site. Departure. (new) A provision allowing for applicants to propose alternative means of compliance with a specific standard on a voluntary basis, provided they meet the “intent” of the standard. See 38.250.060 for procedures. Design review. (38.42.840) The aesthetic evaluation of certain development proposals, including those located in the neighborhood conservation overlay district, entryway overlay district, and all planned unit developments and retail developments consisting of single-tenant buildings greater than 40,000 square feet relative to architectural, site, landscape, environmental, urban and other design matters as specified in this chapter.. Design review board. (38.42.850) That board created by chapter 2 article 5 of the Municipal Code with duties as described. Development. (38.42.860) Any manmade change to improve or alter real estate, including, but not limited to, subdivision of land, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Development envelopes. (38.42.870) Areas on a lot within which grading, lawns, pavement and buildings will be located. Development review committee. (38.42.880) That committee created by division 38.200 of this chapter and charged with the expressed intent of reviewing designated plans and proposals. Deviation. (38.42.890) A modification of physical standards of this chapter as applied to a specific piece of property located within the neighborhood conservation overlay district or entryway corridor overlay district or anywhere within the city through a planned unit development. Disabled person. (38.42.895) A person who has a medical, physical or mental condition that limits a major life activity, anyone who is regarded as having such a condition or anyone who has a record of having such a condition. This, and includes persons who have a handicap or a physical or mental disability as defined in applicable non-discrimination laws. It includes a person or persons, or an authorized representative of a disabled person. The term "disabled person" does not include a person who is currently using illegal substances, unless he or she has a separate disability. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 521 December 20, 2017 UDC update 7-28-2017 draft Division of land. (38.42.900) The segregation of one or more parcels of land from a larger tract held in single or undivided ownership by transferring, or contracting to transfer, title to a portion of the tract, or properly filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels pursuant to this chapter and the Montana Subdivision and Platting Act (MCA 76-3- 101 et seq.). The conveyance of a tract of record or an entire parcel of land that was created by a previous division of land is not a division of land. Directional sign. (38.42.910) An on-premises sign which is intended to convey information regarding the location of specific features of the site or to convey on-premise regulations including traffic and circulation regulations. Drive access. (38.42.920) That area between the curb of a street, or edge of the traveled portion of a street when no curb exists, and the right-of-way/property line over which the city will permit vehicular travel from the traveled portion of a street to an individual property or off-street parking space. Drive-in business. (38.42.930) Any business in which people are provided a service or a product, where a sale is made without the customer being required to leave the vehicle. Such businesses include, but are not limited to, drive-in theater, drive-in bank, freestanding automated teller machine, drive-in laundry or dry cleaning pickup station, drive-in restaurant and any business offering take-home food services. Dwelling. (38.42.940) A building, or portion thereof, meeting the requirements of the city's adopted International Building Code and used by one household, as defined by this article, for residential purposes. Dwellings may exist in many configurations, including single-household, two-household, multiple-household dwellings and group homes. Dwellings do not include hotels, motels, Type-3 short term rentals as defined in article 22 38.356.250. Sec. 38.700.060. – E definitions. Easement. (38.42.950) A grant by a property owner to the public, a specific person or persons, other than the owner, for a right to use land for a specific purpose or purposes. Efficiency unit. (38.42.960) A dwelling unit containing only one habitable room as defined and regulated by the most recently adopted International Building Code. Engineer (registered professional engineer). (38.42.970) A person licensed in conformance with the Montana Professional Engineers Registration Act (MCA 37-67-101 through 37-67-332) to practice engineering in the state. Engineering division. (38.42.980) Engineering Division of the City of Bozeman's Department of Public ServiceWorks. Essential services (Type I). (38.42.990) Small-scale and below ground facilities, equipment and structures required for the provision of immediate customer service of public and quasi-public services within the city. Additional items may be determined by the director of community development to be appropriately included in this definition. These facilities, equipment and structures include: 1. Public water distribution lines. 2. Public sanitary sewer collection lines. 3. Stormwater drainage collection lines, stormwater drainage retention/detention ponds, and drainageways. 4. Fire hydrants. 5. Electric service: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 522 December 20, 2017 UDC update 7-28-2017 draft a. Below ground distribution and local transmission lines, cables and appurtenances. b. Above ground distribution and local transmission lines, cables and appurtenances no greater in height than the minimum required by the National Electric Safety Code (NESC) plus 15 percent. 6. Natural gas service: a. Below ground distribution lines and appurtenances. b. Below ground transmission lines and appurtenances. c. Natural gas regulator/valve stations and appurtenances, with no above ground buildings. 7. Communications services: a. Below ground telephone lines and cables. b. Below ground cable television lines. c. Below ground electronic data transmission lines and cables. 8. Above ground utility boxes, not to exceed 20 square feet in footprint. 9. Roof mounted distributed electrical generation solar panel. 10. Public and amateur radio antennae and towers. Essential services (Type II). (38.42.1000) Facilities, equipment and structures required for the provision of neighborhood level public and quasi-public services within the city. Additional items may be determined by the director of community development to be appropriately included in this definition. Specific facilities, equipment and structures include: 1. Public water storage facilities; and pumping stations. 2. Public sanitary sewer or storm sewer lift stations. 3. Water fill stations for firefighting equipment. 4. Electric service: a. Transmission lines, cables and appurtenances operable prior to September 3, 1991 including the repair and replacement of the same as necessary to maintain their operation. b. Transmission lines, cables, and appurtenances 161 kV or less and no greater in height than the minimum required by the National Electric Safety Code (NESC) plus 25 percent, other than those included in Essential Services (Type I). 5. Natural gas service: a. Natural gas regulator/valve stations and appurtenances, with above ground buildings not to exceed 125 square feet. 6. Communications services, except those included in essential services (Type F), including above ground buildings not to exceed 125 square feet: a. Telephone lines and cables. b. Cable television lines. c. Electronic data transmission lines and cables. 7. Above ground utility boxes, from 20—125 square feet, except those included in essential services (Type I). BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 523 December 20, 2017 UDC update 7-28-2017 draft Essential services (Type III). (38.42.1005) Community-scale facilities, equipment and structures required for the provision of public services not otherwise listed as an essential services (Type I or II). 1. Public water treatment. 2. Sanitary sewer treatment. 3. Storm sewer treatment. 4. Police and fire stations. 5. Electric substations and electrical transmission lines, cables and appurtenances, except those included in essential services (Type I) or essential services (Type II). 6. Natural gas regulator/valve stations and appurtenances, with above ground buildings in excess of 125 square feet. 7. Communications including but not limited to telephone satellite community dial offices; telephone exchanges and repeater stations, except those facilities which may be considered wireless facilities. 8. Gasoline, oil and coal pipelines. Establish. (38.42.1010) To construct, place, insert or excavate. Evergreen tree or shrub. (38.42.1020) A tree or shrub of a species which normally retains its leaves/needles throughout the year. Existing manufactured home park or subdivision. (38.42.1030) A manufactured home park or subdivision where the construction of facilities for servicing the manufactured home lots is completed before the effective date of the floodplain management regulations. This includes, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads. Sec. 38.700.070. – F definitions. Façade. (new) The entire building front or street wall face of a building extending from the grade of the building to the top of the parapet or eaves and the entire width of the building elevation. Final decision. (38.42.1050) The final action of an agency, board or commission when no further action is available before such agency, board or commission. Final plat. (38.42.1060) The final drawing of a subdivision and dedication required by this chapter and the Montana Subdivision and Platting Act to be prepared for filing for record with the clerk and recorder, and containing all elements and requirements set forth in this chapter and the Montana Subdivision and Platting Act. Final site plan. (38.42.1070) The final scale drawings of a preliminarily approved development and any other required information, the approval of which by the review authority indicates that the required conditions for approval have been met. Flood or flooding. (38.42.1080) A general and temporary condition of partial or complete inundation of normally dry lands from the overflow of a stream, or the unusual and rapid accumulation or runoff of surface waters from any source. Flood insurance rate map. (38.42.1090) The map on which FEMA has delineated both the 100-year floodplains and the risk premium zones. Flood insurance study. (38.42.1100) The report in which FEMA has provided flood profiles, as well as the Flood Boundary/Floodway Map and the water surface profiles. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 524 December 20, 2017 UDC update 7-28-2017 draft Floodplain. (38.42.1110) Areas generally adjoining a stream that would be covered by floodwater of a 100-year flood except for designated shallow flooding areas that receive less than one foot of water per occurrence. The floodplain consists of a floodway and floodway fringe. Floodplain regulations are found in article 6 of this chapter. Floodplain Act. (38.42.1120) The Montana Floodplain and Floodway Management Act, MCA 76-5-101 et seq. Floodway. (38.42.1130) The channel of a stream and the adjacent overbank areas that must be reserved in order to discharge a base flood (100-year flood) without cumulatively increasing the water surface elevation more than one-half foot. Floodway fringe. (38.42.1140) The portion of the floodplain that is outside the limits of the floodway. Food processing facility. (38.42.1150) A facility in which food is processed or otherwise prepared for eventual human consumption, but not consumed on the premises. Footcandle. (38.42.1160) A unit of light intensity stated in lumens per square foot and measurable with an illuminance meter. Freestanding sign. (38.42.1170) Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. Front line of building. (38.42.1180) The line of the face of a building nearest the front lot line. Figure 38.700.070 Front line of building. Front yardsetback. (38.42.1190) A yardsetback extending across the full width of the lot between two side lot lines, the depth of which is the least distance between the street right-of-way and the front building line. Sec. 38.700.080. – G definitions. Garage, private. (38.42.1200) A detached accessory building, or portion of a main building, designed or primarily used for the storage of self-propelled vehicles for the household housed in the building to which such garage is accessory. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 525 December 20, 2017 UDC update 7-28-2017 draft Garage, public. (38.42.1210) Any building or premises, except those defined herein as an individualprivate garage, used for the storage or care of motor vehicles; or where such vehicles are equipped for operation, repaired or kept for rental, hire or sale. General service establishment. (new) “General service establishment” refers to a category of uses whose primary activity is the provision of assistance, as opposed to products, to individuals, businesses, industry, government, and other enterprises. Specific uses in this category include but are not limited to financial establishments, postal and courier services, repair shops, laundries, veterinary clinics, and other services where uses occur entirely within buildings, little or no outdoor storage, and no external impacts are anticipated. This term also includes vehicular parking lots and garages. Ghost sign. (38.42.1215) A wall sign painted on the exterior wall of a building prior to June 22, 1997 and which advertises a business, product or service no longer found at that location or an expired political campaign. Glare. (38.42.1220) The sensation produced by lighting that causes an annoyance, discomfort or loss in visual performance and visibility to the eye. Governing body. (38.42.1230) The governing authority of a city or town organized pursuant to law. In the city, the city commission is the governing authority. Grade. (38.42.1240) The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distance from the wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of the building and the property line if it is less than five feet distance from the wall. If walls are parallel to and within five feet of a public sidewalk, alley or other public way, the grade must be the elevation of the sidewalk, alley or public way. The term "finished surface of the ground" must does not include window wells, stairwells or other similar features, but must does include features such as usable patio areas. Green. (38.42.1250) An open space available for unstructured recreation, with landscaping consisting of maintained grassy areas, trees and other vegetation. Greenhouse. (38.42.1260) A building or structure constructed chiefly of glass, glass-like translucent material, cloth, lath or similar materials which is devoted to the protection or cultivation of flowers or other plants. Ground floor area. (38.42.1270) The square foot area of a building within its largest outside dimension computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces, garages, exterior stairways and secondary stairways. Group living. (38.42.1275) A building, portion of a building or a complex of buildings under unified control and management which contains facilities for living, sleeping, sanitation, eating and cooking for occupancy for residential uses; and which does not otherwise meet the definition of another residential use defined in this chapter. Eating and cooking areas may be shared in whole or part. Gross acreage. (38.42.1280) The total area of a parcel including the area of perimeter street rights-of- way to the centerline of the street. Gross density. (38.42.1290) The number of residential dwelling units per unit of land used for residential purposes, with the term "unit of land" being the gross residential acreage. Groundcover. (38.42.1300) Natural mulch or plants of species which normally reach a height of less than two feet upon maturity, installed in such a manner so as to form a continuous cover over the ground. Growth policy. (38.42.1310) An official public document adopted and used by a local government as a general guide for development and conservation decisions. It is not a regulation; rather, it is an official BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 526 December 20, 2017 UDC update 7-28-2017 draft statement of public policy to guide growth and change. The required and optional elements of a growth policy are listed in MCA 76-1-601. Guest house. (38.42.1320) An attached or detached accessory building used to house guests of the occupants of the principal building, and which is never rented or offered for rent. Any guest house providing cooking facilities (e.g., full-size dishwasher, more than a bar sink, or a stove) must beis considered a dwelling unit. Sec. 38.700.090. – H definitions. Health authorities. (38.42.1330) The state department of environmental quality, local environmental health specialist or other authorized representative. Health and exercise establishments. (38.42.1340) An establishment designed and equipped for the conduct of sports, exercise activities and other customary and usual recreational activities, including tennis, racquetball, handball and squash courts, martial arts, gymnastics, weight and aerobic exercise rooms, running facilities, swimming pools, yoga, sport dancing, and whirlpool and sauna facilities. Permitted accessory uses must include child care, suntanning booths, massage, health and nutrition counseling services, retail sales of sporting goods and restaurant services. Heavy retail and service establishment. (new) Retail and/or service activities that may have exterior service or storage areas. This use category includes, but is not limited to sales of agricultural supplies, building materials, manufactured homes, and heating fuels, truck stops, transit terminals, outdoor display/sales, and warehousing. Height of low profile sign. (38.42.1350) The vertical distance between the finished grade and the highest component of the sign. Height of pole style sign. (38.42.1360) The vertical distance between the elevation of the adjacent street curb, or edge of pavement, if no curb exists, to the highest attached component of the sign. In the event that the finished grade of the sign location is higher, or lower, than the adjacent street curb or edge of pavement, the height must beis determined as the vertical distance from the median elevation between the adjacent street curb or edge of pavement and the lowest finished grade at the base of the sign to the highest attached component of the sign. Figure 38.700.080 Height of pole style sign. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 527 December 20, 2017 UDC update 7-28-2017 draft High visibility street corners and gateway sites. (new) All commercially zoned and REMU Districts intersecting Arterial or an Arterial and Collector street are defined as a high visibility street corner Special sites identified in the detailed community design framework maps thatand warrant special design standards set forth in section 38.530.050.D. Historic site. (38.42.1370) The location of a significant event, a prehistoric or historic occupation or activity where the location itself possesses significant historic, cultural or archaeological value. The value of a site must be based on the ability of the site to meet the eligibility requirements for historical significance as described by the National Register of Historic Places and as approved by the city. The most recent National Register Criteria for Evaluation as published by the U.S. Department of the Interior, National Park Service are the basis for determining whether a property is eligible for historical significance when a new or updated evaluation is prepared. Historic structure. (new per Ordinance1920) Any building or structure that is: 1. listed in the State or National Register of Historic Places; or 2. designated as a historic property under local or state designation law or survey; or 3. certified as a contributing resource within a National Register listed or locally designated historic district; or 4. eligible, as determined by the City of Bozeman, to be listed on the National or State Register of Historic Places either individually or as a contributing building to an existing or potential historic district. The most recent National Register Criteria for Evaluation as published by the U.S. Department of the Interior, National Park Service are the basis for determining whether a property is eligible for historical significance when a new or updated evaluation is prepared. Home-based business. (38.42.1380) Any business, occupation or activity undertaken for gain within a residential structure that is incidental and secondary to the use of that structure as a dwelling. Home based businesses are subject to the requirements of this chapter. Home office. (38.42.1390) An accessory use in which work for compensation is undertaken, including, but not limited to, receiving or initiating correspondence, such as phone calls, mail, faxes or email; preparing or maintaining business records; word and data processing; and telephone, mail order and off- premises sales. Hospital. (38.42.1400) An institution for the diagnosis, treatment or other cure of human ailments and which may include a sanitarium or clinic, provided such institution is operated by, or treatment is given, under direct supervision of a physician licensed to practice by the state. Hotel or motel. (38.42.1410) A building or a group of buildings in which lodging is provided and offered to transient guests for compensation; the term "hotel or motel" must does not include a boardinghouse, lodginghouse or roominghouse. Household. (38.42.1420) A. A person living alone, or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities: 1. Any number of people related by blood, marriage, adoption, guardianship or other duly- authorized custodial relationship; 2. Not more than four unrelated people; or 3. Two unrelated people and any children related to either of them. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 528 December 20, 2017 UDC update 7-28-2017 draft 4. Persons or groups granted a request for a reasonable accommodation to reside as a single housekeeping unit pursuant to section 38.35.090. 5. "Household" does not include: a. Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie, cooperative housing or like organization; b. Any group of individuals whose association is temporary or seasonal in nature; or c. Any group of individuals who are in a group living arrangement as a result of criminal offenses. Sec. 38.700.100. – I definitions. Illuminance. (38.42.1430) The quantity of light measured in footcandles or lux. The density of the luminous flux incident on a surface; it is the quotient of the luminous flux by the area of the surface when the latter is uniformly illuminated. Immediate family. (38.42.1440) A spouse, children by blood or adoption, and parents. Incidental. (38.42.1450) Any action or use of less importance, or secondary to, any other action or use. Incidental sign. (38.42.1460) A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message, which is designed with the intent to be legible from a position off the zone lot on which the sign is located, must will be considered incidental. Industry, heavy. (38.42.1470) An industry whose processing of products results in the emission of any atmospheric pollutant, light flashes, glare, odor, noise or vibration which may be heard and/or felt off the premises and an industry which constitutes a fire or explosion hazard. Industry, light. (38.42.1480) An industry whose processing of products results in none of the conditions described for heavy industry. Interchange zone. (38.42.1490) Districts created for the purpose of allowing larger and/or additional signage for the areas adjacent to the Interstate 90 interchanges at East Main Street, North 7th Avenue and North 19th Avenue which are located within the Entryway Overlay District, B-2 Zoning District and within 1,300 feet of the Interstate 90 right-of-way. Irregularly shaped tract of land. (38.42.1500) A parcel of land other than an aliquot part of the United States Government survey section or a United States lot, the boundaries or areas of which cannot be determined without a survey or trigonometric calculation. Sec. 38.700.110. – L definitions. Landmark. (38.42.1510) A site, structure or object designated as a "landmark" pursuant to the procedures prescribed in division 38.340 of this chapter, that is worthy of preservation, restoration or rehabilitation because of its historic land planning or architectural significance and officially recognized through listing in the National Register of Historic Places. A landmark must beis subject to all neighborhood conservation overlay district procedures and requirements. Landscape architect. (38.42.1520) A person licensed to practice landscape architecture in the state. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 529 December 20, 2017 UDC update 7-28-2017 draft Landscaping. (38.42.1530) At least 75 percent coverage of an area with natural grass, vegetative groundcover or other natural living plant materials, the remainder of which is covered with nonvegatative decorative landscape design elements such as washed rock, lava rock, bark chips and ornamental features such as pools, fountains, benches, etc. For purposes of this chapter, the term landscaping must beis considered to have the same meaning as the terms "landscape," "landscaped" and "landscaped area." Large scale wireless facility. (38.42.1540) A wireless facility 25 feet or greater in height from the base to the highest point including attachments. Examples of supporting structures are monopoles, self supporting (lattice) towers, guy-wire supported towers and other similar structures. When calculating the height of a facility, other structures designed for other uses such as buildings or water towers must may not be included in the calculation. Some illustrated examples of large scale wireless facilities are shown below. Figure 38.700.110-1 Large scale wireliess facility. Large shrub. (38.42.1550) A shrub which normally reaches a height of five feet or more upon maturity, and usually has five or more canes. Large tree. (38.42.1560) A tree of a species which normally reaches a height of 25 feet or more upon maturity, and usually has a single stem. Levee. (38.42.1570) A manmade embankment, usually earthen, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water to provide protection from temporary flooding. Levee system. (38.42.1580) A flood protection system that consists of a levee, or levees, and associated structures, such as drainage and closure devices, which are constructed and operated in accordance with sound engineering practices. Level I, II, and III Improvements. (new) See section 38.500.020.B for descriptions. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 530 December 20, 2017 UDC update 7-28-2017 draft Light construction. (38.42.1590) Any change not construed as an alteration or repair, including paving of established driving and parking areas (subject to the requirements of division 38.540 of this chapter); construction of patios not greater than 120 square feet in size; construction of sidewalks not wider than five feet; and landscaping (but not including major changes in grading or site surface drainage). Light goods repair. (38.42.1600) Establishments primarily engaged in the provision of repair services to individuals and households as well as businesses, but excluding automotive, boat and similar intensive repair use types. Typical uses include, but are not limited to, the repair of appliances, shoes or clothing, watches or jewelry, instruments, office equipment or electronics. Light source. (38.42.1610) A single artificial point source of light that emits measurable radiant energy in or near the visible spectrum. Light trespass. (38.42.1620) Light emitted by a lighting installation that extends beyond the boundaries of the property on which the installation is sited. Figure 38.700.110-2 Light trespass. Limited access. (38.42.1630) A way or means of allowing physical entrance to land at controlled locations or points. A "no access" strip or line may be placed on a plat as a means of limiting access. Limited access roadway. (38.42.1640) A street or road especially designed for through traffic, over which abutting landowners have no right to direct access. Live-work unit. (new) A single household dwelling unit designed to accommodate ground level commercial uses. The dwelling unit type may be any type that is permitted in the applicable zoning district. Permitted non-residential uses may be those that are permitted in the applicable zoning district. Local services. (38.42.1650) All services provided by governmental bodies for the benefit of citizens. These services include, but are not limited to, police, fire, water, recreation, streets, parks, libraries, schools, and wastewater and solid waste collection and disposal. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 531 December 20, 2017 UDC update 7-28-2017 draft Lodginghouse. (38.42.1660) A building with not more than ten guest rooms where lodging with or without meals is provided for compensation to persons not meeting the definitions of household, community residential facility, cooperative household, fraternity or sorority. Also referred to as a boardinghouse. Lot. (38.42.1670) A piece, parcel, plot, tract or area of land in common ownership created by subdivision or its legal equivalent for sale, lease or rent. A lot has the characteristics of being able to be occupied or capable of being occupied by one or more principal buildings, and the accessory buildings or uses customarily incidental to them, and including the open spaces required under this chapter, and having its principal lot frontage on a street. When one or more lots are held in common ownership they must be treated as a single lot for the purposes of development review and evaluation of compliance with the standards of this chapter. Lot area. (38.42.1680) The total horizontal area within the boundary lines of a lot. Lot coverage. (38.42.1690) The ratio of horizontal area, measured from the exterior surface of the exterior walls of the ground floor, of all principal and accessory buildings on a lot to the total lot area. For the purposes of calculating lot coverage, those portions of a structure which do not have exterior walls are not included, even if it is covered by a roof. Lot measurements. (38.42.1700) A. Lot depth. The horizontal distance of a line measured at a right angle to the front lot line and running between the front lot line and rear lot line of a lot. B. Lot width. The distance as measured in a straight line, between side lot lines at the points of intersection with the required front building line. C. Lot frontage. The horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way. All sides of a lot that abuts a street must beare considered frontage. On curvilinear streets, the arc between the side lot lines must beis considered the lot frontage. D. Lot area. The total horizontal area within the boundary lines of a lot. Lot types. (38.42.1710) A. Corner lot. A lot at a junction of, and fronting on, two or more intersecting streets. B. Interior lot. A lot other than a corner or through lot. C. Double frontage or through lot. A lot having frontage on two parallel, or approximately parallel, streets. D. Reverse frontage lot. A double frontage or through lot that is not accessible from one of the parallel or nonintersecting streets on which it fronts. Lot line, front. (38.42.1720) In the case of an interior lot, a line separating the lot from the street, in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street and in the case of a double frontage or through lot, a line separating the lot from the street from which a drive access may be permitted by the city. Lot line, rear. (38.42.1730) A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. Lot line, side. (38.42.1740) Any lot boundary line that is not a front lot line or a rear lot line. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 532 December 20, 2017 UDC update 7-28-2017 draft Lot line, zero. (38.42.1750) A concept utilized to permit a structure or wall of a building to be located on a property line. Lot width. (38.42.1760) The distance as measured in a straight line, between side lot lines at the points of intersection with the required front building line. Lot with residential adjacency. (38.42.1770) A. Any of the following: 1. A building site in a residential zoning district, if the site abuts or is directly across a street or alley from an R-1, R-2, R-3, R-4, R-5 or R-O zoning district; 2. A building site in a nonresidential zoning district, if the site abuts or is directly across a street or alley from an R-S, R-1, R-2, R-3, R-4, R-5 or R-O zoning district; 3. An artificial lot in a residential district, if the lot is less than 200 feet from an R-1, R-2, R-3, R-4, R-5 or R-O zoning district; or 4. An artificial lot in a nonresidential zoning district, if the lot is less than 200 feet from an R-S, R-1, R-2, R-3, R-4, R-5 or R-O zoning district. Low-profile sign. (38.42.1780) A freestanding sign composed of a solid structure between finished grade and the top of the sign. Also referred to as a monument sign. Luminaire. (38.42.1790) A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts; also called the lighting fixture. Luminance. (38.42.1800) The physical and measurable luminous intensity of a surface (e.g., a lamp, luminaire, reflecting material) in a specific area and measurable with an illuminance meter. The quotient of the luminous flux at an element of the surface surrounding the point, and propagated in directions defined by an elementary cone containing the given direction, by the product of the solid angle of the cone and area of the orthogonal projection of the element of the surface on a plane perpendicular to the given direction. The luminous flux may be leaving, passing through and/or arriving at the surface. Lux. (38.42.1810) A unit of light intensity stated in lumens per square meter. There are approximately 10.7 lux per footcandle. Sec. 38.700.120. – M definitions. Manufactured home. (38.42.1820) A factory-built, single-household structure that is manufactured under the authority of 42 USC § 5401, the National Manufactured Home Construction and Safety Standards Act, is built on a permanent chassis, and is used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. This definition specifically does not include recreational vehicles. Any dwelling meeting the definition of modular home is not a manufactured home. Manufactured home lot or space. (38.42.1830) A lot for rent or lease in a manufactured housing community designated for the accommodation of one manufactured home and its accessory buildings or structures for the exclusive use of the occupants. Manufactured home stand. (38.42.1840) That area of a lot for rent or lease which has been prepared for the placement of a manufactured home in a manufactured home community. Manufactured home community. (38.42.1850) Any piece of real property under single ownership or control for which the primary purpose is the placement of two or more manufactured homes for permanent residential dwellings and for the production of income. A manufactured housing community BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 533 December 20, 2017 UDC update 7-28-2017 draft does not include real property used for the display and sale of manufactured units, nor does it include real property used for seasonal purposes only, as opposed to year-round occupancy. Home sites within the community are leased to individual homeowners, who retain customary leasehold rights. Manufacturing. (38.42.1860) The creation of products either with machinery or by hand according to an organized plan and with the division of labor. Manufacturing, artisan. (38.42.1865) Production of goods by the use of hand tools or small-scale, light mechanical equipment occurring solely within an enclosed building where such production requires no outdoor operations or storage, and where the production, operations, and storage of materials related to production occupy no more than 3,500 square feet of gross floor area. Typical uses have negligible negative impact on surrounding properties and include woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts, production of alcohol, or food processing. Manufacturing, heavy. (38.42.1860) The creation of products either with machinery or by hand according to an organized plan and with the division of labor. These uses contain land use intensity impacts typically associated with large industrial uses, their accessory outdoor storage uses, and large building areas. This use category includes, but is not limited to wrecking yards, building material manufacturing, chemical plants, concrete and asphalt plants, and freight facilities. Manufacturing, light. (38.42.1870) Small scale fFabrication of and/or assembly of goods from previously prepared materials that occurs entirely indoors and features low levels of trucking access typical of standard retail or general service establishments. Manufacturing, moderate. (new) Refers to a category of uses that accommodate moderate intensity levels of manufacturing and assembly activities, storage, warehousing, services, associated offices and similar uses. This use category includes, but is not limited to contractors, call centers, textiles, wood products, printing, pharmaceuticals, machinery manufacturing, research and development, regional distribution, and crematories. These uses may feature some outdoor activities and/or storage and/or moderate levels of associated trucking access. Mean sea level. (38.42.1880) The North American Vertical Datum of 1988 (NAVD88) or other datum to which base flood elevations are referenced. Medical offices, clinics and centers. (38.42.1890) An establishment where patients are admitted for special study and treatment by licensed health care professionals, including acupuncturists and chiropractors. Micro-scale wireless facility. (38.42.1900) A wireless facility less than ten feet in height from the base to the highest point, including attachments. When calculating the height of a facility, other structures designed for other uses, such as buildings or water towers, must may not be included in the calculation. Mining. (38.42.1910) The extraction of sand, gravel or other material from the land in the amount of 400 cubic yards or more and the removal thereof from the site without processing. Mini-warehouse (warehouse, residential storage). (38.42.1920) A building or group of buildings in a controlled access and fenced or screened compound that contains relatively small storage spaces of varying sizes and/or spaces for recreational vehicles or boats, having individual, compartmentalized and controlled access for the dead storage of excess personal property of an individual or household generally stored in residential accessory structures, when such building or group of buildings are not located on the lot of the residence. Minor subdivision. (38.42.1930) A subdivision that creates five or fewer lots from a tract of record. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 534 December 20, 2017 UDC update 7-28-2017 draft Mobile home. (38.42.1940) A transportable, manufactured structure, suitable for year-round single- household occupancy and having water, electrical and sewage connections similar to those of conventional dwellings. This definition applies only to units constructed prior to the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Compare with the definition of manufactured home. Mobile office. (38.42.1950) A factory assembled structure or structures exceeding eight feet in width, originally equipped with the necessary service connections, and originally made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as an office without a permanent foundation, in compliance with all applicable state regulations, whether or not the running gear has been removed. Model home. (38.42.1960) A home constructed to display a builder's for sale or lease units but which does not serve as a dwelling unit until sold as a residence. Modular or sectional home. (38.42.1970) A dwelling unit meeting the standards of the International Building Code which was mass produced in a factory, designed and constructed for transportation to a site for occupancy when connected to the required utilities and when permanently anchored to a permanent foundation, whether intended for use as an independent, individual unit or in combination with other units to form a larger building, and which does not have integral wheel, axles or hitch. For the purposes of locating a dwelling according to the standards of this chapter there is no distinction made between a dwelling constructed wholly or partly off-site and a dwelling constructed on-site so long as they meet the standards of the city's adopted International Building Code. Monument (permanent monument). (38.42.1980) Any structure of masonry, metal or other permanent material placed in the ground which is exclusively identifiable as a monument to a survey point, expressly placed for surveying reference. Mural. (38.42.1985) A visual representation using texture, colors, forms, or symbols, which does not meet the definition of a sign, placed on a solid, nontransparent vertical surface such as a wall of a building. Sec. 38.700.130. – N definitions. Natural environment. (38.42.1990) The physical conditions which exist within a given area, including land, water, mineral, flora, fauna, noise, light, and objects of historic or aesthetic significance. Neighborhood commercial center. (38.42.2000) Commercial uses oriented at serving the needs of neighborhoods. These areas are typified by smaller scale shops and services, and a high level of pedestrian, bicycle and transit opportunities. Neighborhood commercial centers are intended to support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. A neighborhood commercial center may also contain uses that draw from more than the immediate vicinity, especially when located adjacent to arterial streets. Activities commonly expected in this classification are daycares, smaller scale groceries, bakeries, coffee shops, retail stores, small restaurants, offices and residences above other uses. Neighborhood conservation overlay district. (38.42.2010) An area designated as the neighborhood conservation overlay district on the city zoning map pursuant to the procedures set forth herein. Net residential density. (38.42.2020) The number of residential dwelling units per buildable unit of land, excluding any land used or to be used as street rights-of-way, parks, public buildings or private nonresidential uses. For calculating net residential density, the following formula must applyapplies: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 535 December 20, 2017 UDC update 7-28-2017 draft D = du A - (c+i+s+a+d) Where D = Residential density du = Total number of dwelling units in project A = Total site area (acres) c = Total commercial land area (acres) i = Total industrial land area (acres) s = Reserved but undedicated school or park sites (acres) a = Street, public or private, rights-of-way and transportation easements (acres) d = Dedicated parklands, conservation easements, or common open spaces (acres) New construction. (38.42.2030) Development commenced on or after the effective date of the ordinance from which this chapter is derived. Nonbroadcast telecommunication facility. (38.42.2040) A facility used for the transmission or enhancement of telecommunications which does not include the presence of antennas, as defined in this chapter. A nonbroadcast telecommunication facility does not include office use, materials storage or other similar uses. Noncanopy tree. (38.42.2050) A large tree which in its native state has at maturity canopy vegetation less than six feet above the ground. NoncommercialNon-commercial speech. (38.42.2060) Any sign wording, logo or other representation that does not directly or indirectly name, advertise or call attention to a business, product, service or other commercial activity. Nonconforming sign. (38.42.2070) A sign that does not conform to the provisions of division 38.560 of this chapter. Nonconforming structure. (38.42.2080) Any structure which was legal prior to the effective date of the ordinance from which this division 38.700chapter is derived which fails to comply with the building location standards, and/or size requirements of the applicable zone of this chaptering district in which it is located. Nonconforming use. (38.42.2090) An existing use of land or building which was legal prior to the effective date of the ordinance from which this chapter is derived but which fails to comply with the requirements set forth in this chapter applicable to the zone in which such use is located. Noxious matter or material. (38.42.2100) Material capable of causing injury to living organisms by chemical reaction or capable of causing detrimental effects on the physical or economic well-being of individuals. Nursing home. (38.42.2110) An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. Nursery, plant. (38.42.2120) Facilities for commercial development, growth and sale of plants and/or for the utilization of and storage of equipment for landscaping operation and wholesale and/or retail or commercial gardening supplies. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 536 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.700.140. – O definitions. Off-premises sign. (38.42.2130) A sign which advertises or directs attention to products or activities that are not provided on the parcel upon which the sign is located. Offices. (38.42.2140) Buildings or portions of buildings in which commercial activities take place but where goods are not produced, sold or repaired. These include but are not limited to general and professional offices; governmental offices; insurance offices; real estate offices; taxicab offices (but not taxi stands); travel agency or transportation ticket offices; telephone exchange; utility offices; radio broadcasting and similar uses. Official floodplain maps. (38.42.2150) The flood insurance rate maps (FIRMs) and flood insurance study (FIS) provided by the Federal Emergency Management Agency (FEMA) for the Gallatin County, Montana, inclusive of the City of Bozeman, dated September 2, 2011 (FEMA FIS No. 30031CV000A), and incorporating any approved updates or revisions. 100-year flood. (38.42.2160) A flood having a one percent chance of being equaled or exceeded in any given year. A 100-year flood is the same as a base flood. Open sales (or rental) lot. (38.42.2170) Any land used or occupied for the purpose of buying, selling or renting for use away from the premises, any goods, materials or merchandise, and for the exterior storing of same prior to sale or rental. Open space. (38.42.2180) A land or water area devoid of buildings and other physical structures except where accessory to the provision of recreation, including but not limited to benches, picnic tables and interpretive signage. Open space, usable. (38.42.2190) That space which is capable of being used by the public for recreation, relaxation and social purposes. Parking lots and perimeter landscaping are specifically excluded from this definition of usable open space, except as allowed by section 38.430.090. Ordinary high-water mark. (38.42.2200) The outermost line caused by water impressing on land and covering it for sufficient periods to cause physical characteristics that distinguish the area below the line from the area above it. Characteristics of the area below the line include, when appropriate, but are not limited to, deprivation of the soil of substantially all terrestrial vegetation and destruction of its agricultural vegetative value. A floodplain adjacent to surface waters is not considered to lie within the surface water's high-water marks. Overlay zone. (38.42.2210) A zone superimposed upon an underlying zone which establishes special requirements in addition to, or in lieu of, those of the underlying zone. Sec. 38.700.150. – P definitions. Parapet. (38.42.2220) That part of the wall which extends above the roof. For the purposes of this chapter relating to signage, the top of the parapet must beis considered to be the roofline. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 537 December 20, 2017 UDC update 7-28-2017 draft Figure 38.700.140 Parapet (for signage). Park. (38.42.2230) For the purposes of this chapter only, park means an open space, as defined in this chapter, under the ownership or other legal control of the city which provides area for active and passive recreational purposes. Parking area. (38.42.2240) An area, other than a street or alley designated for use, or used, for temporary parking of vehicles. Parking space, off-street. (38.42.2250) A space designated for the temporary parking of a motor vehicle not on the right-of-way or alley but accessible from a street or alley. Party wall. (38.42.2260) Any wall of a building or structure which is common to two or more buildings, and which has a minimum of one-hour fire resistant construction as defined and regulated by the latest adopted International Building Code. Pathway. (38.42.2270) A facility that accommodates the recreational and/or transportation needs of pedestrians and bicyclists, including sidewalks, bike lanes, boulevard trails and trails. Paved parking space or surface. (38.42.2280) An area covered by an impervious dustfree surface of asphalt or concrete designed to specifications of the city. Pedestrian-oriented open space. (new) \Publicly accessible spaces that enliven the pedestrian environment by providing opportunities for outdoor dining, socializing, relaxing and provide visual amenities that can contribute to the character of the neighborhood. See section 38.520.060.D for pedestrian-oriented open space design criteria. Pennant. (38.42.2290) Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind. Permeable pavement. (38.42.2300) A paving material that permits water penetration to a soil depth of 18 inches or more. Permeable pavement may consist of nonporous surface materials poured or laid in sections not exceeding one square foot in an area and collectively comprising less than two-thirds of the total surface area. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 538 December 20, 2017 UDC update 7-28-2017 draft Permitted use. (38.42.2310) A use which is lawfully established in a particular zoning district and which conforms to all requirements, regulations and performance standards of such district. A permitted use may be a principal use, an accessory use or a conditional use. Personal and convenience services. (38.42.2320) Businesses offering services such as barbershops, beauty shops, tailors, shoe repair, tattooing, massage, laundromats, laundry and dry cleaning pickup and delivery stations, and similar uses. Some production of finished goods may occur as an activity accessory to the delivery of services. Personal property. (38.42.2330) Property, other than real property, consisting of things temporal and movableAny movable or intangible thing that is subject to ownership and not classified as real property. Persons. (38.42.2340) Includes any individual or group of individuals, corporations, partnerships, associations or any other organized group of persons, including state and local governments and agencies thereof. Planned unit development (PUD). (38.42.2350) A land development project consisting of residential clusters, industrial parks, shopping centers, or office building parks or any combination thereof that compose a planned mixture of land uses built in a prearranged relationship to each other and having open space and community facilities in a common ownership or use, and/or public parkland. Planning board. (38.42.2360) The Bozeman Planning Board. Plat. (38.42.2390) A graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications. Plaza. (38.42.2400) An area generally open to the public on a controlled basis and used principally for passive recreational activities and relaxation. Plazas are paved areas typically providing amenities such as seating, drinking and ornamental fountains, art, trees and landscaping for use by pedestrians. Pole sign. (38.42.2410) A freestanding sign which is supported by a column or other structural member that is permanently attached to the ground, or a ground-mounted structure and provides a minimum of eight feet of visible, vertical clearance between the bottom of the sign and finished grade. Portable sign. (38.42.2420) Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business. Preservation board. (38.42.2430) The Bozeman Historic Preservation Advisory Board. Primary access. (38.42.2440) The major access to a subdivision. The major access generally carries the most traffic as determined by the traffic engineering study. Principal use. (38.42.2450) A use or structure which determines the predominant or major use of the lot on which it is located. The principal use must beis that use which establishes the character of the property relative to surrounding or adjacent properties. Private street. (38.42.2460) A right-of-way usable by the public but maintained by a property owners’ association. Projecting sign. (38.42.2470) Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall and is perpendicular to such building or wall. Proper access. (38.42.2480) Either an improved public street or road, maintained by the city, county or state; or a street or road built to the standards provided in these regulations. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 539 December 20, 2017 UDC update 7-28-2017 draft Property owner. (38.42.2490) Any person, firm, corporation or other entity shown as being the legal owner of a tract, parcel or lot in the records of the county clerk and recorder. Property owners’ association. (38.42.2500) An association incorporated or not incorporated, combining individual property ownership with shared use or ownership of common property or facilities, or shared maintenance of subdivision or community facilities. This definition includes condominium associations. Public building. (38.42.2510) A building, supported by government funds, to be used in an official capacity on behalf of the entire community. Public health and safety. (38.42.2520) A condition of optimal well-being, free from danger or injury, for a community at large, not merely for an individual or small group of persons. Public improvement. (38.42.2530) Any structure or facility constructed to serve the residents of a subdivision or the general public such as parks, streets, sidewalks, curbs, gutters, street lighting, utilities and systems for water supply, sewage disposal and drainage. Public street or road. (38.42.2540) A street or road for which the right-of-way has been dedicated to the public. Sec. 38.700.160. – R definitions. Real property. (38.42.2550) Property consisting of buildings and/or landLand and anything growing on, attached to, or erected on it, excluding anything that may be severed without injury to the land. Real property also includes easements. Rear yardsetback. (38.42.2560) A yardsetback extending across the full width of the lot between the two side lot lines, the depth of which is the distance required by this chapter between the rear property line and the rear building line. Reasonable accommodation. (38.42.2565) A process for providing flexibility in the application of city land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to equal housing opportunities guaranteed under applicable non- discrimination laws. It may include flexible application of regulations such as: the definition of household; authorized uses in zone districts; yardsetback area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened drivewaysdrive aisles, parking area or walkways; building additions for accessibility; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would (1) impose an undue financial or administrative burden on the city or (2) require a fundamental alteration in the nature of the city's land use and zoning program. Reasonable accommodations are subject to all laws that require or regulate planning, zoning or subdivision and platting. Recreational vehicle. (38.42.2570) A vehicular-type portable structure without permanent foundation, which is built on a single chassis; which is designed to be self-propelled or permanently towable by a light-duty truck; primarily designed as temporary living accommodations for recreational, camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes less than eight feet in width and 50 feet in length. (Ord. No. 1645, § 18.80.2520, 8-15-2005; Ord. No. 1693, § 29(18.80.2520), 2-20-2007; Ord. No. 1761, exh. R(18.80.2520), 7-6- 2009) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 540 December 20, 2017 UDC update 7-28-2017 draft Recreational vehicle park. (38.42.2580) A plot of ground upon which two or more sites are located, established or maintained for occupancy by the general public as temporary living quarters for travel, recreation or vacation purposes. Recreational vehicle space. (38.42.2590) A lot for rent or lease within a recreational vehicle park designed for the placement of a single recreational vehicle and the exclusive use of its occupants. Relocation. (38.42.2600) Any movement of a structure, on the same site or to another site. Repair. (38.42.2610) Any change not otherwise construed as light construction or an alteration, as defined in this division 38.700, that constitutes replacing broken, worn or damaged materials with like, not necessarily identical, materials and is insignificant to the size and condition of the structure or property. Repainting and reroofing must beis included under this definition of repair. Required front building line. (38.42.2620) The line nearest to the front and across a lot establishing the minimum open space to be provided between the front line of a building and the front lot line. See also the definition of "setback line." Required rear building line. (38.42.2630) The line nearest to the rear and across a lot establishing the minimum open space to be provided between the rear line of a building and the rear lot line. See also definition of "setback line." (Ord. No. 1645, § 18.80.2580, 8-15-2005; Ord. No. 1693, § 29(18.80.2580), 2-20-2007; Ord. No. 1761, exh. R(18.80.2580), 7-6- 2009) Required side building line. (38.42.2640) The line nearest to the side and extending between the required front building line and required rear building line establishing the minimum open space to be provided between the side line of a building and the side lot line. See also the definition of "setback line." Required yardsetback. (38.42.2650) The minimum dimension of a front, side or rear yardsetback as established by the use regulations for each district. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 541 December 20, 2017 UDC update 7-28-2017 draft Figure 38.700.160 Required yardsetbacks. Restaurant. (38.42.2660) Any restaurant (except a drive-in restaurant or a convenience food restaurant as defined in this division 38.700), coffee shop, cafeteria, short-order cafe, luncheonette, sandwich stand, drugstore and soda fountain serving food. Retail. (38.42.2670) The rental or sale of tangible personal property for any purpose other than for resale. Retail, large scale. (38.42.2680) The sale of tangible personal property for any purpose other than for resale where the total area utilized by a single tenant, exclusive of parking, occupies 40,000 square feet or more. Revolving sign. (38.42.2690) Any sign which all, or a portion of, mechanically rotates either on an intermittent or constant basis around a central axis. Ridgeline. (38.42.2700) A relatively narrow elevation that is prominent because it rises at an angle of 25 percent or greater; an elongated crest, or series of crests, with or without individual peaks, significantly higher than the adjoining ground and often acting as the hydrologic dividing line between two or more drainage areas. Ridgeline protection area. (38.42.2710) A. A ridgeline protection area is the area within 150 feet horizontal feet of a ridgeline, measured perpendicular to the ridgeline when the ridgeline is: 1. Located in an area above 4,900 feet in elevation above mean sea level; and 2. When the elevation of a line parallel to the ridgeline loses either: a. At least ten feet in vertical elevation on both sides of the ridgeline within 100 feet; or b. At least 30 feet in vertical elevation on both sides of the ridgeline within 300 feet; c. A combination of the two standards where one side of the ridgeline meets one loss of elevation standard and the opposite side meets the other. Right-of-way. (38.42.2720) A linear public way established or dedicated for public purposes by duly recorded plat, deed, easement, grant, prescription, condemnation, governmental authority or by operation of the law and intended to be occupied by a street, crosswalk, railroad, electric transmission lines, water line, sanitary sewer line, storm sewer line or other similar uses. Roadway. (38.42.2730) That portion of the street or road right-of-way which is improved or is proposed to be improved to carry traffic and provide for the on-street storage of automobiles; where curb is provided, the roadway is measured from back-of-curb to back-of-curb. Roof sign. (38.42.2740) Any sign erected and constructed on or over the roof of a building, supported by the roof structure, or extending vertically above any portion of the roof. Roof signs must do not include signs located on a mansard roof if the sign is mounted vertically and integrated with the roof. For the purpose of this division 38.700, architecturally integrated mansard signs and other architecturally integrated signs located below the principal roofline must beare classified as wall signs. Rowhouse. (new) A dwelling unit that shares one or more common or abutting walls with one or more dwelling units. A rowhouse does not share common floors/ceilings with other dwelling units. Rowhouse cluster. (new) A building consisting of three or more rowhouses. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 542 December 20, 2017 UDC update 7-28-2017 draft Sec. 38.700.170. – S definitions. School. (38.42.2750) A. Any: 1. Pre-primary, primary or grammar, public, parochial or private school or high school; 2. Preparatory school or academy, public or founded, or owned or conducted by or under the sponsorship of a religious or charitable organization; 3. Private preparatory school or academy furnishing courses of instruction substantially equivalent to the courses offered by public high schools for preparation of admission to college or universities which award B.A. or B.S. degrees; 4. Junior college or university, public or founded, or conducted by or under the sponsorship of a religious or charitable organization; or 5. Private school when not conducted as a commercial enterprise for the profit of individual owners or stockholders. Screening. (38.42.2760) A method of visually shielding or obscuring an abutting or nearby structure or use from another through the use of solid or nearly solid barriers (e.g., wall, fence, plantings, berms). Security lighting. (38.42.2770) All outdoor lighting used for, but not limited to, illumination for walkways, roadways, equipment yards, parking lots and outdoor security where general illumination for safety or security of the grounds is the primary concern. Second or subsequent front yardsetback or corner side yardsetback. (38.42.2780) A yardsetback on a corner lot the area of which is bounded by a line extending from the front of the principal building (the front building line) to a point intersecting the side street right-of-way line (side lot line), then along the side lot line to a point intersecting the rear lot line, then along the rear lot line to a point intersecting the line formed by extending the wall of the nearest principal building paralleling the side lot line. Setback. (38.42.2790) The distance from the property line to the nearest part of the applicable building, structure or sign, measured perpendicularly to the property line. Setback also refers to a space on the same lot with a principal building, which is open and unoccupied from the ground upward or from the ground downward other than by steps, walks, terraces, drive aisles, lamp posts and similar structures, and unobstructed by structures, except as otherwise provided in this chapter. Setback line. (38.42.2800) That line that is the required minimum distance from the street right-of- way or public access easement line or any other lot line that establishes the area within which structures must be placed, as specified in this chapter. Sewer, public. (38.42.2810) Any sanitary sewer line owned and maintained by the city, whether or not installed by the city. Shared access. (38.42.2820) A fixed automotive and pedestrian access location from a street to two or more adjoining properties which mutually have the right and ability to use the access, and which has been established by an easement or other legally binding means. Shopping mall. (38.42.2830) A multitenant retail structure where tenants are located on both sides of a covered walkway with direct pedestrian access to all establishments from the walkway. Short Term Rental (38.42.2835) A vacation home, tourist home as defined in MCA 50-51-102, a dwelling as defined in 38.700.050 38.42.940, accessory dwelling unit, or room within a vacation home or dwelling, which is rented by or on behalf of the owner to the general public for compensation for transient occupancy as provided for in article 22 38.360.250. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 543 December 20, 2017 UDC update 7-28-2017 draft Sign. (38.42.2840) Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. Side yardsetback. (38.42.2850) A yardsetback extending between the front building line and the rear building line, the width of which is the least distance between the side lot line and the nearest part of the principal building. Site plan. (38.42.2860) A scale drawing showing the accurate location of all structures, streets, alleys and parking areas, existing and proposed, on subject property or any other information as may be required by this chapter. Small-scale wireless facility. (38.42.2870) A wireless facility less than 25 feet in height from the base to the highest point including attachments. Examples of supporting structures are monopoles, self- supporting (lattice) towers, guy-wire supported towers and other similar structures. When calculating the height of a facility, other structures designed for other uses such as buildings or water towers must may not be included in the calculation. This definition excludes those facilities meeting the definition of a micro-scale wireless facility. Some illustrated examples of locations for possible small-scale wireless facilities are shown below. Figure 38.700.170 Small scale wireless facility. Small tree. (38.42.2880) A tree of a species which normally reaches a height of less than 25 feet upon maturity. Soil. (38.42.2890) A medium in which plants will grow. Special event sign. (38.42.2900) A temporary sign which advertises special civic events and activities such as street fairs, community festivals, parades, farmers' markets and charity benefits. Square. (38.42.2910) Open space that may encompass an entire block, is located at the intersection of important streets, and is set aside for civic purposes, and consists of paved walks, lawns, trees and civic buildings. Stable, commercial. (38.42.2920) Any building or complex of buildings and pastures which is designed, arranged, used or intended to be used for equestrian purposes, where less than 75 percent of the capacity is for the use of the owner or resident of the property. A public stable is an agricultural activity. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 544 December 20, 2017 UDC update 7-28-2017 draft Stable, private. (38.42.2930) Any building located on a lot which is designed, arranged, used or intended to be used for not more than four horses for the private use of the owner of the lot, but must may not exceed 6,000 square feet in area. Start of construction. (38.42.2940) The commencement of clearing, grading, filling or excavating to prepare a site for construction. Stealth or camouflaged. (38.42.2950) Placement of a wireless facility in such a way that it may not be discerned as being separate from the principal use of a site. This may be accomplished through visual screening, use of color or encasement of the facility within an existing structure such as a steeple. A stealth installation may also include the placement of a new structure to contain the facility so long as the new structure complies with the height, setback and other requirements of the zoning code or is otherwise exempt from those requirements. Street. (38.42.2960) A right-of-way, dedicated or otherwise legally established, for public use by motorized and nonmotorized vehicles and pedestrians, usually affording the principal means of access to abutting property. Street frontage. (38.42.2970) Any property line separating a lot from a street other than an alley; the front lot line. Street, public. (38.42.2980) Any street which has been dedicated to the public or is otherwise publicly owned. Any street not a public street must beis deemed a private street. Street types. (38.42.2990) For the purposes of these regulations, street types are defined as follows: 1. Alley. A street used primarily for vehicular access to the rear of properties which abut and are served by public or private streets. 2. Arterial. A street or road having the primary function of moving traffic with emphasis on a high level of mobility for through movement and the secondary function of providing limited access to adjacent land. Arterial streets are generally designated in the city transportation plan, however, streets not depicted in the city transportation plan may be designated as arterials by the review authority specified in section 38.200.010. a. Principal arterial. Serves the major centers of activity, the highest traffic volume corridors, and the longest trip distances in an urbanized area. This group of streets carries the highest proportion of the total traffic within the urban area with typical loads of 10,000 to 35,000 vehicles per day. Most of the vehicles entering and leaving the urban area, as well as most through traffic bypassing the central business district, utilize principal arterials. Significant intra-area travel, such as between central business districts and outlying residential areas, and between major suburban centers, are served by major arterials. b. Minor arterial. Interconnects with and augments the urban principal arterial system. It accommodates trips of moderate length and at a somewhat lower level of travel mobility than principal arterials, and it distributes travel to smaller geographic areas. With an emphasis on traffic mobility, this street network includes all arterials not classified as principal arterials while providing access to adjacent lands. Minor arterials typically carry 5,000 to 15,000 vehicles per day. 3. Collector. A street or road that provides equal priority to the movement of traffic, and to the access of residential, business and industrial areas. This type of roadway differs from those of the arterial system in that the facilities on the collector system may traverse residential neighborhoods. The system distributes trips from the arterials to ultimate destinations. The collector streets also collect traffic from local streets in the residential neighborhoods, channeling it into the arterial system. Collectors typically carry 2,000 to 10,000 vehicles per day. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 545 December 20, 2017 UDC update 7-28-2017 draft Collector streets are typically designated in the city transportation plan, however, additional streets may be designated as collectors by the review authority specified in section 38.200.010. 4. Cul-de-sac. A street having only one outlet for vehicular traffic and terminating in a turnaround area. 5. Dead-end street. A street having only one outlet for vehicular traffic. 6. Half-street. A portion of the width of a street, usually along the outside perimeter of a subdivision, where the remaining portion of the street must be located on adjacent property. 7. Local streets. A street having the primary purpose of permitting access to abutting lands and connections to higher systems. Generally, service to higher speed traffic movements are intentionally discouraged. They typically carry 1,000 to 3,000 vehicles per day but can carry in excess of 6,000. 8. Loop. A local street which begins and ends on the same street, generally used for access to properties and to control traffic access to arterials or collectors. Structure. (38.42.3000) Anything constructed or erected which requires location on the ground; and for the purposes of floodplain review anything which may impede, retard or alter the pattern of flow of water in a floodplain. Structural alteration. (38.42.3010) Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any change in the exterior walls or the roof. Subdivider. (38.42.3020) Any person, firm, corporation or other entity who causes land to be subdivided or who proposes a subdivision of land. Subdivision. (38.42.3030) A division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to the parcels may be sold, or otherwise transferred, and includes any resubdivision, or condominium. The term also means an area, regardless of its size, that provides or will provide multiple spaces for rent or lease on which recreational camping vehicles or mobile homes will be placed. State law reference— Similar provisions, MCA 76-3-103(15). Subdivision or development construction yard. (38.42.3040) A temporary office and/or vehicular and material storage yard. Substantial improvement. (38.42.3060) A. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: 1. Before the improvement or repair is started; or 2. If the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first construction to any wall, ceiling, floor or other structural part of the building commences. The term "substantial improvement" does not include: a. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions; or BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 546 December 20, 2017 UDC update 7-28-2017 draft b. Any alteration of a structure listed on the National Register of Historic Places or state inventory of historic places. Suitable fill. (38.42.3070) Fill material which is stable, compacted, well-graded, pervious, generally unaffected by water and frost, devoid of trash or similar foreign matter, devoid of tree stumps or other organic material and is fitting for the purpose of supporting the intended use and/or permanent structure. Surveyor (registered land surveyor). (38.42.3080) A person licensed in conformance with the Montana Professional Engineers, Registration Act (MCA 37-67-101 through 37-67-332) to practice surveying in the state. Swap meet. (38.42.3090) Any permanent or temporary sales or lot where the sale or trade of goods, materials and merchandise takes place outside any permanent structure, from within temporary structures or from vehicles and where several sellers or traders may congregate for the purpose of selling or trading. Sec. 38.700.180. – T definitions. Temporary use. (38.42.3100) A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period. Transit stop. (38.42.3110) Improvements and facilities at selected points along transit routes for passenger pickup, dropoff and waiting. Facilities and improvements may include shelters, benches, signs, structures and other improvements to provide security, protection from the weather and access to nearby services. Townhouse. (38.42.3120) A dwelling unit, located on its own lot, that shares one or more common or abutting walls with one or more dwelling units, each located on its own lot. A townhouse does not share common floors/ceilings with other dwelling units. Townhouse cluster. (38.42.3130) A building consisting of three or more noncommunicating, attached one-household units placed side-by-side and/or back-to-back, with no unit located over another, and having a common wall between each two adjacent dwelling units. Tract of record. (38.42.3140) An individual parcel of land, irrespective of ownership, that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the county clerk and recorder's office. Transom window. (new) A window or series of windows placed above a beam separating a door and/or storefront windows. Transom windows are often placed above a canopy or marquee to emit extra daylight into a commercial space. Trellis. (new) A frame supporting open latticework used as a screen or a support for growing vines or plants. Sec. 38.700.190. – U definitions. Uniformity ratio. (38.42.3150) In outdoor lighting, a measure indicating how evenly light is distributed across a surface as expressed in a ratio of one value to another, such as average to minimum, or maximum to minimum. Using ratios, perfect uniformity would be 1:1. Use. (38.42.3160) The employment or occupation of a building, structure or land for a person's service, benefit or enjoyment. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 547 December 20, 2017 UDC update 7-28-2017 draft Usable lot area. (38.42.3170) The portion of an area of a lot exclusive of setbacks or other building restrictions within which structures subject to setbacks may be placed. Sec. 38.700.200. – V definitions. Variance. (38.42.3180) A modification or variation of the provisions of this chapter as applied to a specific piece of property. Vertical building modulation. (new) A stepping back or projecting forward of vertical walls of a building face, within specified intervals of building width and depth, as a means of breaking up the apparent bulk of a structure’s continuous exterior walls. Vertical building modulation may be used to meet façade articulation standards set forth in section 38.530.040. Violation. (38.42.3190) The failure of a structure, subdivision, use of land or other development to be fully compliant with this chapter. Sec. 38.700.210. – W definitions. Wall sign. (38.42.3200) Any sign painted on, attached to or erected against the wall of a building, structure, canopy or awning with the exposed face of the sign parallel to the plane of said wall or structure. The sign must be attached in a manner so that it does not extend six inches beyond the wall. Warehouse. (38.42.3210) An enclosed building designed and used primarily for the storage of goods and materials. A use engaged in storage, wholesale, and distribution of manufactured products, supplies, equipment, excluding bulk storage of materials that are inflammable or explosive or that present hazards or conditions commonly recognized as offensive. Watercourse. (38.42.3220) Any stream, river, creek, drainage, waterway, gully, ravine or wash in which some or all of the water is naturally occurring, such as runoff or springs, and which flows either continuously or intermittently and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow. In the event of a braided or other multiple channel configuration of a watercourse, the area of the watercourse must beis that area lying between the two outermost high-water marks, as defined in this chapter. The term "watercourse" must does not be construed to mean any facility created exclusively for the conveyance of irrigation water or stormwater. The city may consult with other agencies with expertise in this matter when there is a question of whether a particular water body is a watercourse. Way-finding signage. (38.42.3230) A set of coordinated signs which are intended to give directional guidance to and within a defined district and to assist pedestrians or vehicles in finding areas of common interest or convenience. Wetland. (38.42.3240) A. Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, and meet the established criteria briefly described below: 1. Vegetation. A prevalence of hydrophytic vegetation. Hydrophytic species, due to morphological, physiological, and/or reproductive adaptation, have the ability to grow, effectively compete, reproduce, and/or persist in anaerobic soil conditions. 2. Soils. A hydric soil is a soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 548 December 20, 2017 UDC update 7-28-2017 draft 3. Hydrology. The area is inundated either permanently or periodically, or the soil is saturated to the surface at some time during the growing season of the prevalent vegetation at a duration sufficient to induce anaerobic and reducing conditions. Wholesale. (38.42.3250) The sale of goods and merchandise for resale instead of for direct consumption. Wildlife. (38.42.3260) Animals that are neither human, domesticated, nor feral descendants of commonly domesticated animals. Wildlife habitat. (38.42.3270) The place or type of habitat where wildlife naturally lives. Window sign. (38.42.3280) Any sign painted, attached, glued or otherwise affixed to a window or suspended within 18 inches behind a window for the purpose of being visible from the exterior of the building. Wireless facility. (38.42.3290) An unstaffed facility for the transmission or reception of radio frequency (RF), microwave or other signals for commercial communications purposes, typically consisting of an equipment enclosure, an antenna support structure and one or more antennae. This definition excludes amateur radios, Essential Services (Type I), satellite earth stations and private receive-only antennae, such as for the reception of television signals. Wrecking yard. (38.42.3300) A place, lot or area where the primary function is that of dismantling, storage, abandonment or sale of goods and materials as parts or scraps. Sec. 38.700.220. – Y definitions. YardSetback. (38.42.3310) A space on the same lot with a principal building, which is open and unoccupied from the ground upward or from the ground downward other than by steps, walks, terraces, drivewaysdrive aisles, lamp posts and similar structures, and unobstructed by structures, except as otherwise provided in this chapter. Sec. 38.700.230. – Z definitions. Zoning commission. (38.42.3320) The Bozeman Zoning Commission. Zoning map. (38.42.3330) A map with all notations, dimensions, references and symbols shown thereon depicting individual zoned districts in accordance with this chapter.