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12-13-22 Public Comment - R. Farris-Olsen - FW_ Sundance Springs Public Comment, Application 22047
From:Lynn Hyde To:Rob Farris-Olsen Cc:Agenda Subject:FW: Sundance Springs Public Comment, Application 22047 Date:Tuesday, December 13, 2022 12:46:03 PM Attachments:Public comment final pdf_12-13-22.pdfEx 1 - 1993 Zoning.pdfEx. 4 - 2022 NSOA.pdfEx. 2 - 2020 letter.pdfEx 3 - 1998 NSOA.pdf Robert, Thank you for your public comment. It has been received and included as part of the review. Thank you and let me know if you have any questions. Best, Lynn Hyde | Development Review Planner, Community DevelopmentCity of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771406.579.1471 | lhyde@bozeman.net | www.bozeman.net From: Rob Farris-Olsen <rfolsen@mswdlaw.com> Sent: Tuesday, December 13, 2022 11:49 AM To: Lynn Hyde <lhyde@BOZEMAN.NET>; Greg Sullivan <gsullivan@BOZEMAN.NET>; Kelley Rischke <KRischke@BOZEMAN.NET> Cc: Kim Wilson <kwilson@mswdlaw.com>; Tim Swanson <tswanson46@gmail.com>; Nancy S Swanson <nsswanson04@gmail.com>; Geoff Poole <gpoole@eco-metrics.com> Subject: Sundance Springs Public Comment, Application 22047 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Enclosed please find additional public comment and attachments for the Sundance SpringsApplication, 22047. Robert Farris-Olsen 401 North Last Chance Gulch P.O. Box 557 Helena, Montana 59624 406-442-3261 406-443-7294 FAX This e-mail message is PRIVILEGED AND CONFIDENTIAL communication and is transmitted for the sole and exclusive use ofthe named addressee(s). This communication may not be copied or disseminated except as directed by the named addressee(s). Ifyou receive this communication and you are not a named addressee, please notify us immediately. In such an event, you may notretain a copy of this communication, or any part thereof, and may not retain, preserve, divulge or use in any way whatsoever any ofthe information contained or transmitted herein. John M. Morrison Frederick F. Sherwood David K. W. Wilson, Jr. Linda M. Deola Brian J. Miller Rfolsen@mswdlaw.com Attorneys at Law 401 North Last Chance Gulch P.O. Box 557, Helena, Montana 59624-0557 www.mswdlaw.com Robert Farris-Olsen Andrée Larose Scott Peterson Anne Sherwood (406) 442-3261 (406) 443-7294 FAX December 13, 2022 Via e-mail only Lynn Hyde lhyde@bozeman.net Re: Sundance Springs Subdivision Phase 1B, Commercial Lot 2 Application No: 22047 Dear Ms. Hyde: I am writing on behalf of my clients, Geoffrey Poole and Tim and Nancy Swanson, of Bozeman Montana, with respect to the proposed development of Commercial Lot 2 in the Sundance Springs Subdivision, Application No. 22047 (the “Proposal”). We have identified several issues with both the approval process and the proposed site plan. Specifically: 1. The city does not have a copy of the Approved Final Plan for the Sundance Springs PUD. Municipal code requires that any approval for a site plan be based on the PUD’s Approved Final Plan and conditions of approval. Without the Approved Final Plan, the conditions of approval are unknown. 2. The application for the Final Plan (Z-9812) includes covenants and a Master Plan. a) The city has not acknowledged that the PUD’s covenants incorporate the 1998-era zoning on the site b) The city has not yet established what the 1998-era zoning is. c) The proposed site plan violates the terms of the covenants and Master Plan in multiple ways. 3. Requested departures from the block frontage standards do not meet the required approval criteria. Until such time as these issues are resolved, the city will violate multiple applicable Bozeman municipal code requirements and Montana State laws by approving this development. PROCEDURAL REQUIREMENT FOR APPROVAL [Type here] 2 To the extent that there is uncertainty about the requirements of the PUD Final Plan, multiple aspects of the Bozeman Municipal Code prevent your approval of the site plan. First, prior to any approval, it is the applicant’s responsibility to demonstrate compliance with all applicable standards, including the applicable zoning and the PUD’s Final Plan. In order to gain approval of the site plan: No land may hereafter be subdivided, used or occupied, and no building, structure or part thereof may hereafter be erected, constructed, reconstructed, moved or structurally altered, and no development may commence unless it is in conformity with all of the regulations herein specified for the district in which it is located. It is the obligation of the person proposing the development to demonstrate compliance with all applicable standards and regulations. See BMC § 38.100.080 (emphasis added.) In the absence of the approved Final Plan and a determination of applicable zoning, the applicant cannot demonstrate compliance with the applicable standards required by the PUD. Failure to comply would subject the Applicant to potential enforcement actions; meaning, any developer is required to comply with all aspects of the PUD’s Approved Final Plan, including the Master Plan, covenants, and associated development guidelines. Second, the municipal code requires that all development approvals under a PUD be based on the Approved Final Plan. BMC § 38.430.040.A.3.d (“Issuance of building permits and other development approvals are based on the approved Final Plan and any conditions of approval.”). And an approved final plan may be approved with conditions. BMC § 18.54.050.C.3 (1993)1 (“Final Plan Approval. The DRC [Development Review Committee] and DRB [Design Review Board] may approve, disapprove, or approve with conditions the proposed planned unit development. . .”) Without a copy of an Approved Final Plan, the city has no record of the associated conditions of approval, conditions that the City must consider in order to meet its obligation under BMC 38.430.040.A.3.d. The City has some record of the requirement of the PUD. In file Z-9812, for example, the City has a record of the covenants, which are the vessel for the following required elements of Phased PUD applications per 1998-era 18.54.080.D.2.h. (the code governing Phased PUDs at the time the Sundance Springs Phased PUD was approved): 1 A copy of the 1993 zoning requirements is attached as Exhibit 1. [Type here] 3 a) the 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 (18.54.080.D.2.a); b) the complete list of proposed or potential land uses (18.54.080.D.2.c); c) sign guidance (18.54.080.D.2.d) d) perimeter buffering guidelines (18.54.080.D.2.e) e) landscaping guidelines (18.54.080.D.2.f) f) parking (18.54.080.D.2.i) g) lighting (18.54.080.D.2.k) h) architectural guidelines (18.54.080.D.2.l) i) guidelines for noise (18.54.080.D.2.n) In the case of the Sundance Springs PUD, the covenants are not “private restrictions” governed by BMC 38.100.100. Rather, the covenants are the mechanism by which the original PUD application spelled out specific required elements pursuant to 1998-era 18.54.080.D.2 and current 38.430.070.D.2. The covenants therefore establish development requirements under the PUD, which form the required basis for approval by the city. BMC § 38.430.040.A.3.d. Thus, a site plan that is not compliant with the PUD’s covenants cannot be approved. Further, pursuant to BMC § 38.230.100 - “Plan review criteria,” the city cannot approve a plan until it has determined compliance with the applicable zoning: BMC 38.230.100.A: “In considering applications for plan approval under this chapter, the review authority and advisory bodies must consider… 2) conformance with [Chapter 38 of the BMC],” which sets requirements for zoning and PUDs. Here, the introduction to the PUD’s covenants clearly establishes the 1998-era zoning as applicable to the site: The Covenants detail how the Neighborhood Services Property within the Sundance Springs Subdivision are to be developed and maintained beyond the minimum requirements of the Bozeman Zoning Code which exists at the date of the execution of this document. (emphasis added.) To date, the city has not acknowledged to my clients or my office that the 1998-era zoning applies to the site. The city’s inability to acknowledge the historical zoning is especially curious given the that, in 2020, the Planning Division specifically informed the developer the historical zoning was applicable. In Development Review Comments for the Sundance Springs Phase 1B Commercial Lot 2 Conceptual Review Application No. 20298; Sundance Springs Subdivision Phase 1B, Commercial [Type here] 4 Lot 2 Plat J-257, Geocode No. 06-0798-25-1-08-14-0000, Bozeman, MT,2 Senior Planner Susana Montana noted: • Page 1: applicable zoning is “Neighborhood Service District pursuant to the 1998 Sundance Springs Planned Unit” (emphasis added) • Page 4, Point 5: “The 1998 Sundance Springs PUD designated this property as B-1, Neighborhood Service District, pursuant to the 1992 zoning ordinance.” • Page 5, Point 7: “The 1992 B-1 zone requires a 25-foot front yard, a 20-feet rear yard and 5-feet side setbacks.” Further, despite requests from my clients that are now months old, the city has not established or communicated the requirements of the 1998-era zoning incorporated into the PUD. The City provided a copy of the 1993 zoning; however, the City informed us it was not definitive and advised that the planning department was awaiting guidance form the City Attorney’s office. Additionally, the City has yet to acknowledge the role and requirements of the Master Plan included in the Sundance Springs Phase PUD. Both historical code (BMC 18.54.080.D.1) and current code (BMC 38.430.070.D.1) require that Master Plans be submitted as part of an application for a Phased PUD. Document Z-9812 contains a map entitled “Sundance Spring Master Plan.” BMC 38.430.070.C requires that the City determine that subsequent development comply with the Master Plan. When City Planner Lynn Hyde was presented with elements of the Master Plan from Z-9812, she said they appeared to be marketing material for Sundance Springs. Therefore, we believe that compliance with the PUD’s Master Plan was not considered by City Planner Hyde prior to recommending approval of Site Plan 22047. To summarize, then, we are now at the end of the public comment period and, to date, the City: 1. has failed to establish which city documents spell out the requirements or conditions of approval for the PUD’s Approved Final Plan, which forms the legal basis for approval of site plan 22047; 2. has not acknowledged that the PUD’s covenants are binding on the city and the developer; 3. has not acknowledged the applicability of the 1998-era B-1 Neighborhood Services District, despite having done so in the past. 2 A copy of this letter is attached as Exhibit 2. [Type here] 5 4. has failed provided the public with the requirements of the 1998-era B-1 Neighborhood Services District zoning. 5. has not acknowledged that the requirements of the PUD’s Master Plan are binding on the developer and the City. Such lack of clarity has left my clients to piece together as best they can the development requirements under which Site Plan 22047 should be assessed, information that is necessary as the basis for public comment. As a result, my clients have not had the opportunity examine public documents, or a “reasonable opportunity” to participate. Bryan v. Yellowstone Cty. Elem. Sch. Dist. No. 2, 2002 MT 264, ¶ 55, 312 Mont. 257, 273, 60 P.3d 381, 392 (voiding decision based on violations of right to know and participate). Until the City can identify these applicable standards and requirements, the developers cannot meet their obligations under BMC 38.100.080; the City cannot comply with requirements of BMC 38.230.100.A or BMC 38.430.040.A.3.d; and my clients are denied reasonable opportunity to participate. Proposed Site Plan 22047 cannot be approved because the conditions of approval of the Approved Final Plan are unknown, the applicability of the PUD’s 1998-era zoning and PUD’s Master Plan have not been acknowledged, and the requirements of the 1998-era zoning have not been identified. COMPLIANCE WITH THE PUD’s MASTER PLAN A Master Plan is a required element of a Final Plan for Phased Planned Unit Developments such as the Sundance Springs PUD (1998-era BMC 18.54.080.D.1; current BMC 38.430.070.D.1). The role of the Master Plan is to: Proposed conditions pertaining to such elements as building location, open spaces, vehicular and pedestrian circulation, and boundaries of the individual phases of the PUD. BMC § 38.430.070.D.1. Thus, the Master Plan shows the number and location of buildings and other improvement that are permitted under the Final Plan of the PUD. The City is prohibited from approving proposed improvements that are not indicated on the Finals Plan’s Master Plan. BMC § 38.430.040.A.3.d (“No city administrative personnel are permitted to issue permits for improvements that are not indicated on the approved final plan…”) Proposed Site Plan 22047 is non-compliant with the Sundance Springs PUD Master Plan in the following ways: • The proposed use of the buildings has been expanded beyond that of a “Village Store;” [Type here] 6 • The proposed location of the buildings has moved more than 20% of the approved building width; • The number of buildings has been increased from 1 to 2. • The plan includes a large outdoor patio improvement not shown on the Master Plan. BMC § 38.430.040.A.3.d lists allowable amendments to a PUD’s Final Plan. The proposed change in building use might fall under 38.430.040.A.3.d.(2).(b).(i) “A change in the character of the development.” The proposed change in location of the buildings would fall under § 38.430.040.A.3.d.(2).(b).(v) “A change in the location and placement of buildings.” Both of these changes would, however, require approval by the City Commission; administrative approval is not allowed. More importantly, while § 38.430.040.A.3.d. forbids approval of any improvement “not indicated on the approved final plan,” it also provides no provision by which the City Commission can approve the addition of new improvements to the Final Plan of a PUD (such as a second building or a large outdoor patio). Therefore, Site Plan 22047 has no path forward for approval, because it proposes additional improvements that were not indicated in on the Mater Plan contained in Z-9812 and are therefore not allowable amendments. The City is therefore compelled to deny Site Plan 22047 under BMC 38.430.040.A.3.d. COMPLIANCE WITH THE PUD’s COVENANTS Section 8-2 of the PUD’s covenants establishes that “All lands within Sundance are subject to the zoning regulations of the City of Bozeman.” As described above and acknowledged by the City in 2020, the Introduction to the covenants establish the 1998-era “B-1 Neighborhood Services District” as the applicable zoning referred to in the Covenants. Further, Section 1.6 of the covenants states “'Property' shall mean a specific part of the Parcel which has a specific zoning designation and use, ie., B-1 (Neighborhood Services) as shown on the plat of Sundance Springs.” Because the City has not provided my clients and my office with definitive zoning requirements for the 1998-era zoning, but rather has provided only 1993 zoning, we have no choice but to interpret the PUD’s covenants in the context of the 1993 zoning. When Site Plan #22047 is compared against the specific requirements of the covenants contained in Z-9812, and any associated zoning references are compared against the 1993 zoning provided to us by the City, the follow discrepancies arise: Intent: The intent of 1993 B-1 Neighborhood Services District incorporated into the PUD’s covenants requires “maintaining a ‘residential character.’” 1992 BMC § 18.28.010; See, also [Type here] 7 BMC § 38.300.110.A (the applicant must establish that the proposed development is designed to “provide for smaller scale retail and services activities frequently required by neighborhood residents on a day to day basis.”). These standards are the “minimum requirements” and when they are in conflict with the PUD or any other “lawfully adopted rules or regulations . . . the most restrictive requirements, or those imposing the higher standards, will govern.” BMC§ 38.100.050. The BMC is also not meant to override any private covenants. BMC § 38.100.100. Despite the requirements of the B-1 district, the Applicant acknowledges that this development will degrade the residential character of the neighborhood. As part of the application, the Applicant requests three departures, each of which they justify by stating that the Proposal is not designed to “match the low-density agricultural/residential feel of the adjacent neighborhood.” See Departure Request Narrative, Request 1 (June 1, 2022).3 In other words, the stated reason the departures from the code are needed is because the Applicant did not design a development “compatibl[e] with adjacent residential land uses.” In lieu of these departures, the Applicant must design a project that complies with design guidance included in the PUD’s covenants. Setbacks. The proposed setbacks are not compliant with the required setbacks. Paragraph 8.3 of the covenants in Z-9812 states: “Unless otherwise specified, the setbacks are to be those as allowed by the Bozeman Zone Code for Neighborhood Services.” 18.28.050 of the 1993 zoning requires a front set-back of 25 ft and a rear set back of 20 ft. Building Sizes. Section 8.5 of the covenants established the maximum building size at 5,000 square feet. Further, the 1993 B-1 zoning requirements BMC § 18.28.020.A limits the building size to 5,000 square feet of gross floor area. This is measured as the “sum of the gross horizontal areas of the several floors of a building. . .” 1993 BMC, 18.04.010 (Definition of “Floor Area, Gross”). The Proposal, though, includes two buildings of multiple levels, both of which exceeds 5,000 square feet in gross floor area. This violates the 1993 BMC and the specific limitations of section 8.5 of the PUD’s covenants. Parking. The design guidance of the PUD (paragraph 9.8 of the covenants for the commercial services lots included in Z-9812) states, “Each Neighborhood Services building is required to have at least the minimum number of parking spaces as defined in the Neighborhood Service District of the Bozeman Zone Code.” BMC § 18.28.020.B.3 of the 1993 B-1 Neighborhood Services District references “Parking areas as required by chapter 18.50” of the 1993 zoning. Chapter 18.50 of the 1993 zoning does not permit parking “reductions” claimed by the developer in the application. Therefore, Site Plan 22047 does not be the parking requirements of the PUD. This point is especially salient to the 1996 order of the City Commission that established the PUD. Site Plan 22047 states that the parking demand for the proposed buildings would be 68 spaces, but only 44 spaces are provided. This conflicts with the Commission’s order to “prohibit all parking of cars or other vehicles on the streets” as a conditions of the PUD’s approval. 3https://weblink.bozeman.net/WebLink/DocView.aspx?id=265326&dbid=0&repo=BOZEMAN [Type here] 8 Part of the justification for this limitation is that the streets of the surrounding residential subdivision are 24’ wide and allowing a development that would encourage on-street parking would minimize, if not eliminate, the functionality of the streets. Thus because of the improper reduction in parking, there will be overflow parking into the neighborhood (in violation of the City Commission’s order) which will cause disruptions and harm the rural/residential nature of the neighborhood. Cars parked on 24’-wide streets would impact the safety of the streets, in violation of BMC § 38.100.040. Even under allowed use the current parking code, the requested reduction in required parking from 68 to 44 spaces conflicts with the City Commissions Order approving the PUD. Again, in the case of conflicts, the more restrictive standard applies. BMC § 38.100.050. A. The proposed buildings do not comply with the Covenants design requirements. Paragraph 9.1 of the covenants contained within Z-9812 provides that the purpose of the building guidelines is to “ensure that the type of building constructed is comparable to and blends with the eclectic styles of housing found in the surrounding developments, and that the type of building avoids the appearance of ‘Commercial Development’ (emphasis added). The purpose of the design theme is to provide functional and cost effective structures that have a residential character.” (Emphasis added.). EXTERIOR APPEARANCE To accomplish this goal structures are required to have “traditional gable, hip, and shed roof designs;” each of these styles requires a sloped roof design. See Covenants, ¶ 9.2(a). Pursuant to the Covenants, a roof must be pitched - at least 6:12 for major components, 4:12 for minor comments, and “no component of any roof shall have a pitch less than 4:12. Id., ¶ 9.2(b). Only in special circumstances may a roof incorporate as a minor component a flat roof. Id. Paragraph ¶ 9.2(d) requires all major roof components also have a horizontal projection of 18 inches from the wall. See Commercial Covenants, ¶ 9.2(d). This is also consistent with the final master plan map, which shows a single building with a gable or hip style roof. The proposed buildings fail to comply with these requirements. Most notably, they appear commercial in nature, and do not have a residential character. The roofs are not “gable, hip or shed roof designs, but rather flat. And there are not 18 inch projections on any eaves, soffits or fascias. This violates, inter alia, both ¶¶ 9.1 and 9.2. The exteriors of the proposed buildings also conflict with the Covenants, which require “off whites, shades of gray, as well as pale blue and green”, and that the exterior have textures such as “real stone and brick, wood siding which is painted or stained and stucco.” Id., ¶ 9.6. The proposed design, while it has brick, also incorporates black painted steel and limestone blocks and caps. The most prominent violation, however, is the glass tower incorporated into the West Building as a space for Brewing Tanks. These design elements are contrary to the covenants. [Type here] 9 FOUNDATIONS The proposed foundations are not allowed under the Covenants. Pursuant to ¶ 8.6, “All building foundations shall be constructed ‘high’ to avoid potential problems with high groundwater. Despite these prohibitions, the Applicant proposes a basement at 11 feet below grade. See Site Plan, Sheets A4.1, A4.2. LIGHTING The proposed outdoor lighting violates the Commercial Covenants. Paragraph 10.7 states that: “All light fixtures shall be arranged to deflect down and/or away from adjoining properties or streets. Lights cannot be higher than the height of the building or 20 feet, whichever is less. Light fixtures must incorporate cut-off shield to direct light downward. Fixtures should be compatible with architecture and site design. Luminaries shall not be visible from adjacent streets or properties. Additionally, all lighting for the buildings and walk areas shall be concealed or recessed into the structure. Lighting for signs shall be limited to landscape type lighting.” Here, the proposed lights are 25 feet in height, do not incorporate cut-off shields, are visible from adjacent streets and properties and are not concealed or recessed into the buildings. Sign lighting is especially egregious with business signs planned for the highest portions of each building with skyward pointing illumination. See Site Plan, Sheet E1.0, in violation of the Commercial Covenants, ¶ 10.7. PROPOSED USES Paragraph 8.3.b of the covenants states “Permitted uses shall be those allowed on the Bozeman Zone Code for the Neighborhood Service District.” Despite the fact that the public notice disseminated by the City states that “No specific uses of the shell commercial buildings are proposed at this time,” site plan #22047 suggests otherwise. It specifically identifies the future use as a Brewery. See Application Document 004 Project Narrative; Site Plan 17 Civil Cover Sheet (USES), Site Plan 035 West Building Arch Plan 2 (Brewing Space), Sheet C-103 at Table C.103. A brewery is considered “manufacturing, artisan” which is not allowed under the 1993 code and therefore excluded by the PUD. 1992 BMC, § 18.28.020. To the extent that the developer plans to design a building to house a brewery, that use is not allowed and cannot be approved if included in the application. Further, if the development is not a brewery, then the parking requirements may be inaccurate based on the required spaces for a brewery as compared to other uses. In either scenario, the Proposal or the Public Notice is inaccurate. [Type here] 10 This ambiguity in use of the buildings also creates another non-compliance. BMC § 38.220.080.A.2(j) requires the building floor plans to include the “location and dimensions of all proposed uses and activities.” (Emphasis added.) To the extent that the facility is not being proposed as a brewery, but just a shell commercial building, the application is defective for failing to identify the uses and activities. Furthermore, the outdoor patio conflicts with the 1993 rules. Pursuant to 1992 BMC§ 18.29.2020.A, principal activities should be “completely enclosed within a building,” unless approved by the “appropriate reviewing authority.” Further, pursuant to current BMC Table 38.310.040.A, footnote 3, the B-1 district limits the size of a restaurant to 20% of the gross floor area of the building housing the restaurant, in this case about 1250 sq ft. The combined indoor and outdoor serving areas are 3,549 square feet plus additional space for the kitchen. Therefore, the site plan proposes more than three times the allowable restaurant/dining space. Of overriding importance, however, is the fact that the aforementioned Master Plan has designated the site for a “Village Store,” or retail use on Lot 2 of the Sundance Springs Commercial Lots. Although the covenants allow any 1993 B-1 Neighborhood Services use, the Master Plan limits the use on Lot 2 (the lot associated with Site Plan 22047) to retail. When two aspects of the development code conflict, BMC 38.100.050 requires that the more restrictive uses apply. Thus, although the Master Plan is silent regarding the uses on Lot 1 (where the covenants therefore allow any 1993 B-1 business use), the Master Plan specifically limits the business use on Lot 2 (Site Plan 22047) to retail. Approving a building designed to house a restaurant, brewery, and office spaces would conflict with the PUD’s Master Plan, would therefore would not be allowed under the PUD’s Final Plan, and can not be approved by administrative staff (BMC 38.430.040.A.3.d). B. The failure to maintain a Neighborhood Services Owners Association precludes approval of the proposed development. The PUD’s Commercial Covenants require that the commercial property owners form the Sundance Springs Neighborhood Services Owners Association (“NSOA”), Board of Directors (the “Board”), and Building and Landscaping Review Committee (“BRLC”). See Commercial Covenants at 3, 13-14. The Covenants require that the NSOA be created as a “non-profit corporation in accordance with Chapter 2 of Title 35, Montana Code Annotated.” Id., at 13. The NSOA was created in 1998 and registered with the Secretary of State as the “Sundance Springs Neighborhood Services Owners’ Association, Inc.” on June 9, 1998.4 On December 1, 2003, the Secretary of State filed its notice of involuntary dissolution. Id. Nevertheless, on 4 See, Exhibit 3, Secretary of State, Sundance Springs Neighborhood Services Owners’ Association, Inc., Filing No. D095039. [Type here] 11 September 13, 2022, a new registration was filed with the Secretary of State using the same name.5 The new registration is ineffective in creating a new NSOA. Section 35-6-201(5), MCA (2021), prohibits the Secretary of State from reinstating a corporation that was dissolved more than five years prior. See also, Mont. Earth Res. P'ship v. N. Blaine Estates, 1998 MT 254, ¶ 31 291 Mont. 216, 967 P.2d 376. This prohibitory language must be strictly complied with. See, e.g., Id.; Barnett Iron Works v. Harmon (1930), 87 Mont. 38, 41, 285 P. 191, 191 (Corporations are creatures of Statute, statutory requirements for their existence must be observed). The prohibition on reinstating an involuntarily dissolved non-profit extends to neighborhood associations. Mont. Earth. Res. P’ship, ¶ 31. An association cannot avoid this prohibition by simply re-registering a dissolved entity using the same name and purpose. This is not effective at avoiding the five year limitation in § 35-6-201(5), MCA. Mont. Earth. Res. P’ship, ¶ 31 (“Although this [neighborhood association] bears the same name and ostensibly fulfills the same corporate purpose as the prior corporate entity, its incorporation was not effected until nine years after the dissolution of its predecessor and is therefore too far removed in time from the existence of the prior Association for the two entities to maintain a continuity of identity.”) The NSOA, here, was involuntarily dissolved in 2003, and nineteen years have elapsed, so no NSOA having authority under the PUD’s covenants can legally exist. Without the NSOA, the remaining requirements under the PUD’s Commercial Covenants cannot be fulfilled and, therefore, the Proposal cannot be approved. Specifically, any building proposed in the Sundance Springs Neighborhood Services District, must be approved by in writing by BLRC. See PUD Commercial Covenants, ¶ 7.1. In order to grant approval, the BLRC must exist. To exist, the BLRC is appointed by the Board, which is in turn responsible for running the NSOA. So, barring the existence of the NSOA, there is no Board, and the establishment of any BLRC is ineffective. As such, the Applicant cannot obtain approval from the BLRC to construct or alter the subject property. If the Applicant, nonetheless, begins construction or alteration of the lot, it will be in violation of the PUD’s Commercial Covenants at ¶ 7.1, (No construction or alteration shall be made until “approved in writing by the Committee.”), and ¶ 7.7 (“there shall be no work initiated without . . . written approval of the Committee”). It is not within the purview of the City to ignore the Approval Process outlined in the PUD. Under both 1993-era 18.54.080.D,2.and current 38.430.070.D.2.A, Applications for Phased PUDs can include “A description of submittal requirements and review procedures for the approval of preliminary and final plans.” The Covenants are the vessel for review procedures under the Sundance Springs PUD. Thus, City is compelled to enforce the review procedures 5 See, Exhibit 4, Secretary of State, Sundance Springs Neighborhood Services Owners’ Association, Inc., Filing No., D1310192. [Type here] 12 outlined in the Sundance Springs PUD’s covenants, which leaves not path forward for Application 22047. Based on all of the above violations of the PUD’s Covenants and the BMC, the City must deny the request for approval. The alternative of conditioning approval upon compliance with the 1992 BMC as written (and as required by the Final Plan of the PUD) is unacceptable because, for several reasons, compliance is in fact impossible. Further, no additional public comment is considered after conditional approval. The requisite extensive revisions to the site plan, without additional comment, would deny my clients “reasonable opportunity” to participate. Bryan, ¶ 55 (voiding decision based on violations of right to know and participate). COMPLIANCE WITH THE FINAL PLAT The Final Plat requires the installation of sidewalks. See Commercial Covenants, ¶ 10.3; Final Plat, at Note 5. The Final Plat specifically provides: 5. Sidewalks. Upon the third anniversary of the plat acceptance for Sundance Springs Subdivision Phase 1B, any lot owner who has not constructed sidewalk across their lot(s) frontange(s) shall without further notice construct sidewalk for their lot(s) regardless of whether other improvements have been made on the lot(s). See Final Plat, Note 5. The Commercial covenant is similar. This sidewalk requirement cannot be eliminated without the consent of the City of Bozeman. See the Order, Exhibit B at ¶ 5. To date, sidewalks have not been constructed. And the application does not contain a plan for sidewalks on the western edge of the property. It is my understanding that the City, to date, has represented it will not require sidewalks. This is in violation of the final plat, and ¶ 10.3 of the PUD’s Covenants. DEPARTURE REQUESTS The Applicant attempts to remedy non-compliances with the current Block Frontage Standards (BMC § 38.510) by requesting three departures from the code. As explained below, those departure requests must be denied. In order to grant a departure request, the departure must “meet the purpose of the particular standard” for which a departure is sought. BMC§ 38.250.060.A. Each of the departure requests in the present application do not meet those standards. Here, the primary purpose of the block frontage standards is, inter alia, “[t]o design sites and orient buildings with an emphasis on compatible development.” BMC§ 38.510.010.A.3.; See also BMC§ 38.500.010.D. (purpose is to ensure “that new developments within existing neighborhoods are compatible with and enhance the character of Bozeman’s [Type here] 13 neighborhoods”); see also BMC §§ 38.500.010.F., 38.500.010.G. None of the departure requests meet these standards. The First departure request is a request to deviate from the requirements that new construction front the adjacent street. BMC§ 38.510.020.F.1. A departure, here, is only allowed if it is “compatible with the character of the area and enhance[s] the character of the street.” BMC§ 38.410.020.F.1.d. In its request, rather than demonstrate how the development is compatible with the area, the Applicant seeks a departure because the proposed development is incompatible with the character of the area. Specifically, the Applicant’s departure narrative attempts to justify a non-street frontage for buildings that are commercial in nature due to the “low density agricultural/residential character of the existing neighborhood.” In this description, the Applicant highlights the problem with this development – it will fail to maintain the existing character of the neighborhood. Granting a departure and allowing the berm does not somehow make the proposed departure “compatible with the character of the area” and will not “enhance the character of [South Third Avenue].” Simply put, moving a problematic building from the street front to the open space does not alleviate the inherent incompatibility. Instead, by granting the departure, the agricultural/residential character of the neighborhood will be degraded further by having a non-conforming building facing a parking lot, the adjacent homes in Sundance Springs and Ellis View Estates, and the neighborhood’s open space. The Second Departure request is a parking deviation under § 38.510.020.F.7 to allow parking in front of the proposed buildings instead of to the side or rear. This departure is only allowed if there is an acceptable tradeoff – an increase in “amount and quality of storefront area that is integrated with the development” in exchange for the parking departure. BMC § 38.510.030.C.3.C. In justifying its request, though, the Applicant again relies on its non- conforming structures to necessitate the proposed parking deviation. In doing so, the Applicant maintains that the departure is necessary to “maintain the rural/residential character of the neighborhood.” However, the non-conforming uses, combined with the parking deviations, magnify the differences between the neighborhood character and the buildings. The buildings are closer and more visible to the neighbors that they would be but for the departure and parking lots line the streets, street corners, and existing trail system. The described tradeoff with parking in the Applicant’s departure narrative is also not acceptable. BMC § 38.510.030.C.3.C sets out the departure criteria as “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.” The Applicant instead describes a tradeoff for open space, the buffer on Middle Creek Ditch, and to facilitate the use of the existing waterway. The tradeoff is geared towards the “experience for the intended user. The site plan’s tradeoff does nothing to address the required tradeoff for “amount and quality of storefront integration.”” The departure narrative is also misleading by implying that the only solution is the departure. In reality, the Applicant designed the site plan to require a departure. In other words, it is a self-created hardship. There are no site constraints that prohibit the Applicant from placing a [Type here] 14 building adjacent to the South 3rd Ave, and consolidating parking to the side or rear, while still leaving significant open space along Middle Creek Ditch. The Master Plan map shows just such a building. By moving the building to the street front, as required, the only people who would potentially be “cut off from the open space” (as described by the departure narrative) are the patrons of the large private patio, which is not even an allowed improvement under the PUD’s Master Plan. The other concern with allowing the departure is that it further encourages the proposed activity – serving food and drinks – to take place outside, instead of inside as required by 1992 BMC § 18.28.020.A. The proposed tradeoff also does not increase the amount or quality of the store front integration6 as required by BMC § 38.510.030.C.3.C. The only change in store front associated with the departure is that the non-compliant commercial style building faces the neighborhood and trails7 instead of the street. By way of example, the departure creates substantially less storefront integration than if the buildings were located on the street frontage: 6 The rear of the proposed buildings (“With departure”) are not “storefronts” as defined in the block frontage standards, because they are connected to private dining patios and do not represent entrances to the store. Therefore, even if a trail were built along the back side of the proposed buildings, the rear of the buildings would not count as “storefront integration” with a trail. This fact is recognized in the Departure Request Narrative, which states that only one short axis of each building placed “with departure” would address the street or proposed trail spur. 7 The application’s Departure Narrative claims that the short axis of the lower building will address the trail system. This claim is, in fact, untrue. The site plan proposes a “trail spur” that would be built on adjacent property that is owned by the Sundance Springs Residential Owners Association. Yet the ROA has not given (and is unlikely to give) permission. for the proposed trail spur to be built. Until such permission is obtained by the developer, the short axis of the lower building cannot be assumed to address a trail. [Type here] 15 Rather than integrating the buildings with the existing three frontages (South 3rd Ave, Little Horse Rd, or the trail), the Applicant creates a fourth frontage – the parking lot – and in doing so, decreases the integration of store front. Providing a parking location departure for a plan that decreases storefront integration is not an allowable tradeoff. BMC § 38.510.030.C.3.C. The only trade-off described by the Applicant, then, is that of “user experience” vs. parking, which is not a tradeoff that can be considered under the code. Without an “acceptable tradeoff” the departure is not allowable. BMC § 38.510.030.C.3.C. Finally, the last departure request is to allow more than 50% of the parking to occur on the street front. As with the preceding departure request, the Applicant must establish and “acceptable tradeoff”. For the same reasons that the second request is inappropriate, this departure request is also deficient. In all, each of the proposed departures does not meet the purpose and standard of “compatible development.” Instead, the Applicant designed a set of buildings are incompatible with the rural/residential character of the neighborhood and violate the PUD’s Commercial Covenants and Block Frontage Standards. Because the departures do not meet the departure criteria, they are not allowed. The only path forward is for the Applicant to design a site plan that complies with the applicable 1992 zoning code, the current development code, and the PUD’s Commercial covenants, as the applicant agreed to do implicitly when purchasing the property. Yet even this path is block by the PUD’s covenants because the the Commercial Lot Owner’s [Type here] 16 Association cannot be reconstituted and therefore no commercial development can be approved under the requirements of the PUD. We note that the City Commission, in its order approving the PUD foresaw circumstances such as this. In paragraph 29, the Commission ordered: “Full site plan review and/or subdivision review will be required for all development within Blocks 10 and 11, Phase 1 subdivision [the commercial services lots]. If not allowed a maximum of six additional single-family residential lots could be created within these two blocks via further subdivision review and approval. Therefore, in the absence of a legal path forward for commercial development on these lots, the City Commission has ordered that the lots be developed as residential lots, presumably under the authority of the Sundance Springs Residential Owner’s Association, which has been maintained in good standing since it was founded. CONCLUSION In all, the application should be denied because many of the development requirements remain unknown, the plan violates all know applicable planning documents associated with the PUD, and violated the current BMC. Allowing the application to go forward will destroy the “rural/residential” character of the neighborhood that is explicitly protected by order of the City Commission when approving the PUD. The proposed fails to comply with the design guidance, violates setbacks, facilitates disallowed uses, proposes addition buildings and patios that are not indicated on PUD’s Master Plan, and will create parking hazards that endanger the safety of the community. Further, the requested departures do not meet applicable the purpose of the standard nor applicable criteria and must be denied. Finally, the legal impossibility of reconstituting the Commercial Lot Owner’s association preempts ANY commercial development on these lots. In this case, the City Commission ordered that the lots be developed as residences, with no more than six residences spread across the two commercial lots in the Sundance Springs subdivision. If the application is not denied outright, please provide my office with the City’s written decision, and include responses to the objections we raised herein, including, but not limited to: 1. a description of how the plan meets requirements of the PUD’s Final Plan, any associated conditions of approval, the PUD’s Master Plan, Design Standards, and Covenants (found in Z-9812); 2. a description of how the Site Plan application meets the various requirements of the 1993 Neighborhood Services District B-1 Zoning incorporated into the [Type here] 17 PUD’s covenants, including uses, building size, set backs, and parking requirements; and 3. a description of how the requested departures meet the purpose of the block frontage standards and the specific departure criteria pursuant to BMC § 38.250.060.A. Please also include any supplemental material that was considered, including any aspects of the city’s design manual8 that were used to reach your decision. Sincerely, Robert Farris-Olsen cc: clients 8 As required under BMC § 38.500.020.A.2 BOZEMAN ZONING ORDINANCE JANUARY 23, 1992 we — Chapter GENERAL 18. 18. 18. 18. TITLE 18 BOZEMAN ZONING ORDINANCE DISTRICT REGULATIONS 18. 18. 18. 18. 18. 18. 18. 18. 18. 18. 18. 18. 18. 18. Page PROVISIONS 02 GENERAL PROVISIONS...........................0,. 1 04 DEFINITIONS... 2... ... ce ees lz 06 ZONING DISTRICTS AND ZONING MAPS.............. 22 08 APPLICATION OF REGULATIONS..............0.005. 26 10 A-S AGRICULTURE SUBURBAN DISTRICT............. 27 12 R-S RESIDENTIAL - SUBURBAN COUNTRY ESTATES DISTRICT. .sae 6% sama vo 6 oer a ws Raaneneis we x etaowRtNE 30 14 R-1 RESIDENTIAL - SINGLE FAMILY, LOW DENSITY DISTRICT... .. 5k eaneing & § BX RS TS SS HER ES ERG 33 16 R-2 RESIDENTIAL, SINGLE FAMILY, MEDIUM DENSITY DISTRICT . sssasn a ae serene ww 8 6 se a & ww emETNECe Aw # sueneeMe 35 17 R-2a RESIDENTIAL, SINGLE FAMILY, MEDIUM DENSITY DISTRICT .. .8 < & & saReSG & & BH OAS BE © WOO NE FATES 38 18 R-3A RESIDENTIAL, TWO FAMILY, MEDIUM DENSITY Beste... a ee ee cee ee 37 20 R-3 RESIDENTIAL, MEDIUM - DENSITY DISTRICT.... 39 24 R-4 RESIDENTIAL, HIGH - DENSITY DISTRICT...... 41 26 R-O RESIDENTIAL - OFFICE DISTRICT............. 43 28 B-1 NEIGHBORHOOD SERVICE DISTRICT............. 495 30 B-2 COMMUNITY BUSINESS DISTRICT............... 47 32 B-3 CENTRAL BUSINESS DISTRICT................. 51 34 M-1 COMMERCIAL - LIGHT MANUFACTURING DISTRICT. 55 36 M-2 MANUFACTURING AND INDUSTRIAL DISTRICT..... 58 Chapter 18. 18. 18. 18 OVERLAY 18. 18 18. STANDARD 18. 18. 18. 18. 18. 18. 18. 18 18. 18. 01/23/92 TITLE 18 BOZEMAN ZONING ORDINANCE Cecontinued ) 38 BP BUSINESS PARK DISTRICT..................05. 39 PLI PUBLIC LANDS AND INSTITUTIONS DISTRICT.... 40 HISTORIC MIXED USE DISTRICT................... 41 R-MH SINGLE FAMILY MOBILE HOME DISTRICT....... DISTRICT REGULATIONS 42 NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT.... .43 BOZEMAN AREA ENTRYWAY OVERLAY DISTRICT........ 44 FLOOD HAZARD DISTRICT.............. 0... ewes S AND PROCEDURES 50 GENERAL BUILDING AND DEVELOPMENT STANDARDS... ol DESIGN REVIEW BOARD (DRB) AND DEVELOPMENT REVIEW COMMITTEE (DRC). 1... 1. eee eee ee eee 33 CONDITIONAL USE PROCEDURES & cswwn ae sv tiemes sauce 34 PLANNED UNIT DEVELOPMENT... cece cee eee ee eee 995 TEXT AMENDMENT AND REZONING CHANGES........... 56 VARIANCE AND ADMINISTRATIVE INTERPRETATION APPEAL PROCEDURES . « & enecewis « w sera a a 8 wr uae 4 ee ote 98 PLAN APPEALS PROCEDURE... 1. seenu eee ecaesceces -62 ADMINISTRATION, PERMITS AND FEES.............. 65 BOZEMAN AREA SIGN CODE........................ 70 VIOLATION, PENALTIES AND SEPARABILITY......... Page 60 62 64 66 71 79 86 CHAPTER 18.02 GENERAL PROVISIONS 18.02.010 CITATION OF ORDINANCE This Ordinance shall be known and cited as the Zoning Ordinance of the City of Bozeman, except when cited herein, where it shall be referred to as "this Ordinance". 18.02.020 INTERPRETATION AS MINIMUM REQUIREMENTS In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements adopted for the promotion of the health, safety, and general welfare of the community. Wherever the requirements of this Ordinance are at variance with the requirements of any other lawfully adopted rules or regulations, or wherever there is an internal conflict within this Ordinance, the most restrictive requirement, or that imposing the higher standards, shall govern. In the case of a difference of meaning or implication between the text of this Ordinance and the captions or headings for each section, the text shall control. 01/23/92 1 CHAPTER 18.04 DEFINITIONS 18.04.010 DEFINITION OF TERMS All words in this Ordinance shall be first defined as provided herein and, if not defined herein, shall be defined as in The Illustrated Book of Development Definitions by Harvey S. Moskowitz and Carl G. Lindbloom, 1981, and if not defined in The Illustrated Book of Development Definitions, shall have their customary dictionary definitions. For the purposes of this Ordinance certain words and terms used herein are defined as follows: 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 "shall" 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, shall be construed to include the words "intended, arranged, or designed to be used or occupied"; the words "map" or "zoning map" mean the Zoning Map(s) of the zoning jurisdiction of the City of Bozeman that delineate the area to be governed by these regulations. Access or Access Way: The place, means or way by which pedestrians and vehicles shall have adequate and usable ingress and egress to a property or use as required by this Ordinance. Accessory Building or Use: 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 in a substantial manner as by a roof, such accessory building shall be counted as part of the principal building. Individual public utility installations above ground are considered accessory buildings. Administrative Officer: The person designated by City Commission or City Manager to be responsible for assuring compliance with this Ordinance. Adult Business: 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 Section 45-8-201(2), M.C.A. Adult business as defined herein shall include, but need not be limited to, adult book stores, adult motion picture theatres, rap studios, 01/23/92 2 massage parlors, exotic dance studios, nude art studios, nude photographic studios and nude body painting studios. Agricultural Activity: The cultivation of the soil or the raising of livestock and all activities incidental thereto. The terms "farming" and "ranching" shall be interchangeable for purposes of this Ordinance. The term "agricultural activity" shall not include the raising of produce primarily intended for on-premise consumption. Airfield, Personal Use: Any facility which is privately owned and operated, and designed, used or intended to be used by the airfield owner’s private aircraft. Airport: A licensed facility where commercial, military and private aircraft may land or take off and where additional space is provided for repairs, services, storage facilities, and offices, and buildings for administration and passenger convenience. Alley: A permanent public thoroughfare providing a secondary means of access to abutting lands. Animal Hospital: 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. The short-term interior boarding is permitted. Apartment: A room or suite of two or more rooms located in an apartment building or in non-residential districts as specified in this Ordinance. Efficiency units shall qualify as an apartment under this definition. Apartment Building: A building other than a hotel or motel containing five (5) or more dwelling units. Automobile Reduction Yard: 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 aban- donment of motor vehicles or parts thereof. Auto Salvage Yard: A junkyard primarily containing inoperable vehicles. (See Junkyard) Automobile Service station: An establishment with the primary business function of the retail sale of gasoline for passenger car use with or without minor service and repair work incidental to the operation of passenger automobiles. 01/23/92 3 Automobile Washing Establishment: A building which has its primary purpose as washing automobiles. Such facilities shall be 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. Bar (Tavern, Cocktail Lounge): An establishment where alcoholic beverages are served on premises and where the total sales of alcohol exceeds the total sales of food. Basement: 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. Bed and Breakfast: See Lodging House. Board: The Bozeman City-County Planning Board; The appointed body responsible for making recommendations to the City Commission relative to this Ordinance and the zoning jurisdiction of the City of Bozeman. Boarding House: See Lodging House. Building: Any structure having enclosed space and a roof for the housing and/or enclosure of persons, animals or chattels, except mobile homes, recreational vehicles and mobile offices. Building Area: The maximum horizontal projected area of the principal and accessory building, excluding open steps, terraces, and architectural appurtenances projecting not more than two feet. Building area, as that portion of a lot upon which construction is permitted, is as follows: 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: That area of a lot lying between the front, rear, and side yard setback lines and between ground level and the maximum allowable building height, amounting to the 3-dimensional area available for potential building construction. Building, Front Line of: The line of the face of a building nearest the front lot line. Building, Height of: The vertical distance of a building as measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridges for gable and hip or gambrel roofs. Building Line, Required Front: The line nearest to the front and across a lot establishing the minimum open space to be provided 01/23/92 4 between the front line of a building and the front lot line. See also definition of setback line. Building Line, Required Rear: 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 "setback line.") Building Line, Required Side: 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 he provided between the side line of a building and the side lot line. (See also "setback line.") Building, Principal: A building in which is conducted the main, or principal, use of the lot on which said building is situated. Building, Public: A building, supported by government funds, to be used in an official capacity on behalf of the entire community. Business: The engaging in of the purchase, sale, barter or exchange of goods, wares, merchandise or service; the maintenance or operation of offices or recreational or amusement enterprises. Camp Ground: Any area of land used to temporarily accommodate two or more camping parties, including cabins, tents, recreational vehicles or other camping outfits. Carport: 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. Said structure shall 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: 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 normally have beverage and restaurant facilities as ancillary uses. In all instances, an 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 or by name; 2. More than one card table is on the premise; 3. Fifteen or more gambling machines are on the premise; or 01/23/92 5 4. The predominant source of income is from gambling revenue. Generally, an establishment will not be considered a casino when the premise contains no live card games, has less than six (6) gambling machines, and the gambling devices are clearly incidental to the primary use of the establishment. Cemetery: 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. Child: A person under 12 years of age. Church: 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: The City of Bozeman. Club, Private (Non-Profit): A non-profit 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. Commission, City: The governing body of the City of Bozeman and, when involving issues of this Ordinance, the zoning jurisdiction of the City of Bozeman. Community Residential Facility: A single residential structure having common kitchen facilities occupied by eight or fewer persons having developmental disability and living together for the purpose of residential training, observation, and/or common support, in which care is provided on a twenty-four hour per day basis. The limitation of eight or fewer persons does not include the operator of a residential facility, members of the operator’s family or persons employed as staff, except that the total number of all persons living at the residential facility shall not exceed ten. Conditional Use Permit: Legal authorization to construct, develop or operate a conditional use as defined by this Ordinance. Condominium: A building or group of buildings in which units are owned individually and the structure, common areas and facilities are owned by all owners on a proportional, undivided basis. Condominiums may be residential, commercial or industrial in nature. 01/23/92 6 Convenience-Food Restaurant: An establishment whose principal business is the sale of foods, frozen desserts, or non-alcoholic beverages to the consumer ina 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 non-alcoholic beverages are usually served in edible containers or in paper, plastic, or other disposable containers. 2. The customer is not served food at his/her 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: Convenience uses are 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 and drink sold, at least 20 percent is in disposable or carry-out containers. Sa Drive-in and drive-through restaurants. Day Care Center: A place in which supplemental parental care is provided to thirteen or more children on a regular basis and which is licensed by the Department of Family Services. Day-Care Home, Family: A private residence in which supplemental parental care is provided to three to six children from separate families on a regular basis and which is registered by the Department of Family Services. Day-Care Home, Group: A private residence in which supplemental parental care is provided to seven to twelve children on a regular basis and which is registered by the Department of Family Services. Density, Gross: The number of residential dwelling units per unit of land. Density, Net Residential: The number of residential dwelling units per unit of land, excluding any land used or to be used as arterial street rights-of-way or private non-residential uses. For 01/23/92 7 calculating Net Residential Density, the following formula shall apply: D = du A-(ctitsta) 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 rights-of-way (acres) Design Review Board: That Board appointed by the City Commission, charged with the review of certain plans and proposals as specified in this ordinance. The Board shall consist of six (6) professional and two (2) non- professional members as follows: Professional members degreed in their respective disciplines or the substantial equivalent thereof - four architects, one architectural historian, and one landscape architect or landscape designer; Non-professional members -- individuals with a demonstrated interest in and knowledge of urban design and/or historic preservation. No member of the Design Review Board shall serve concurrently as a member of the Bozeman City-County Planning Board. A quorum of the Design Review Board shall be three members, of which two must be professional members, and one of the professional members must be an architect. Development: Any manmade change to improve or alter real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations. Development Review Committee: That Committee charged with the expressed intent of reviewing all plans and proposals. The Committee shall at a minimum be composed of the following personnel: Director of Public Service or designee, Fire Marshall or designee, the Superintendent of Streets/Garbage or designee, the Superintendent of Water/Sewer or designee, the City-County Planning Director or designee, and the Building Official or designee. When necessary, other members of the Committee may include: the Police Chief or designee, the Superintendent of Parks/Cemetery or designee, the Recreation Superintendent or designee, the City Manager or designee, with other individuals to be included as necessary at the City-County Planning Director’s request. 01/23/92 8 When applicable, County personnel may be included on the Committee, including the County Subdivision Review Officer or designee, the County Sanitarian or designee, the County Road Superintendent or designee, with other individuals to be included as necessary at the County Commission’s request. Deviation: A modification of physical standards of this Ordinance as applied to a specific piece of property located within the Neighborhood Conservation Overlay District or Entryway Corridor Overlay District. A deviation may be permitted only by the city Commission. Drive Access: 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(s). Drive-In Business: 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, the following: drive-in theater, drive-in bank, free standing automated teller machine, drive-in laundry or dry- cleaning pickup station, drive-in restaurant, and any business offering "take-home" food services. Duplex: See Dwelling, Two-Family. Dwelling: A building, or portion thereof, capable of meeting the requirements of the City’s adopted Uniform Building Code, used primarily for residential occupancy, including single-family, two- family, multiple family dwellings and group homes, but not including hotels, motels, or tourist homes. Dwelling, Single-Family: A building used for residential occupancy by one family. Dwelling, Two-Family: A building, or portion thereof, used for occupancy by two families living independently of each other with the units completely separated by a common wall, floor and/or ceiling. Also referred to as "duplex." Dwelling, Multiple (Multi-Family): A building, or portion thereof, used for occupancy by three or four families living independently of each other, with the units completely separated by a common wall, floor and/or ceiling. Dwelling Unit: A dwelling, or portion of a dwelling, used by one household for residential purposes. Essential Services (Type I): Water pumping stations; storm water drainage facilities (including collection lines, retention/ 01/23/92 9 detention ponds and drainage ways); sanitary sewer and storm sewer lift stations; local service telephone lines and cables; local service electrical distribution lines and cables; local service cable television lines; local service electronic data transmission lines and cables; water and sanitary sewer distribution and collection lines; public and amateur radio antennae and towers. Essential Services (Type II): Television and radio broadcasting transmitters; transport gas, oil, and coal pipelines (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); public domestic water storage facilities; water fill stations for fire fighting equipment; commercial radio antennae and towers; telephone satellite community dial offices; telephone exchanges and repeater stations; other accessory facilities, equipment and structures; police and fire stations. Family: Any individual, or two or more persons related by blood or marriage, or a group of not more than four persons (excluding servants) who need not be related by blood or marriage, living together as a single non-profit housekeeping unit. Fence: A barrier constructed of materials erected for the purpose of protection, confinement, enclosure or privacy. Final Approach and Take Off Area (FATO): A defined area over which the final phase of the approach maneuver to hover or landing is completed and from which the takeoff maneuver is commenced. Floodplain: All floodplain-related definitions can be found in Section 18.44, Flood Hazard District, of this Code. Floor Area, Gross: The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet. Floor Area, Net: The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to he used for human habitation or service to the public. Floor Area Ratio (FAR): The gross floor area expressed in square feet divided by the total amount of land of the site or parcel, also expressed in square feet, where the floor area is located. Garage, Private: A detached accessory building, or portion of a main building, designed or primarily used for the storage of self- 01/23/92 10 propelled vehicles for the family housed in the building to which such garage is accessory. Garage, Public: Any building or premises, except those defined herein as a private 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. Grade: The average level of the finished ground surfaces surrounding a building, within a distance of 20 feet. Greenhouse: 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. Greenhouse Commercial: (See Nursery, Plant). Ground Floor Area: 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 Home: A single, residential structure having common kitchen facilities occupied by not more than eight persons living together for the purpose of training, observation, and/or common support on a twenty-four hour per day basis. The limitation of eight or fewer persons does not include the operator of a residential facility, members of the operator’s family or persons employed as staff, except that the total number of all persons living at the residential facility shall not exceed ten. Guest House: 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 shall be considered a dwelling unit. Health and Exercise Establishments: An establishment designed and equipped for the conduct of sports, exercise activities, and other customary and usual recreattional activities, including tennis, racquetball, handball and squash courts, weight and aerobic exercise rooms, running facilities, swimming pools, and whirlpool and sauna facilities. Permitted accessory uses shall include child care, sun tanning booths, massage, health and nutrition counseling services, retail sales of sporting goods, and restaurant services. Heliport: An identifiable area on land, water or structure, including atop any building or facility, used for the landing and takeoff of helicopters. Home Occupation or Profession: Any use conducted entirely within a dwelling, which use is clearly incidental and secondary to the 01/23/92 11 use of the dwelling for residential purposes and which meets the requirements of this Ordinance. Hospital: An institution for the diagnosis, treatment, or other cure of human ailments and includes 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 of Montana. Hotel or Motels: A building or a group of buildings, in which lodging is provided and offered to transient guests for compensation; shall not include a boarding, lodging or rooming house. Incidental: Any action or use of less importance, or secondary to, any other action or use. Industry, Heavy: Those industries whose processing of products results in the emission of any atmospheric pollutant, light flashes, or glare, odor, noise, or vibration which may be heard and/or felt off the premises and those industries which constitute a fire or explosion hazard. Industry, Light: Those industries whose processing of products results in none of the conditions described for heavy industry. Junk Yard: Any place at which personal property is or may be salvaged for reuse, resale, or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or sorted, including but not limited to: use of salvaged base metal or metals, their compounds or combinations; used or salvaged rope, bags, rags, glass, rubber, lumber, millwork, brick, automobiles, and similar property which are used, owned, or possessed for the purpose of wrecking or salvaging parts therefron. Loading and Unloading Bays: The off-street area required for the receipt of or distribution, by vehicles, of material or merchandise. Lodging House: A building with more than two but not more than ten guest rooms where lodging with or without meals is provided for compensation. Also referred to as "bed and breakfast" or "boarding" house. Lot: A piece, parcel, plot, tract, or area of land 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 Ordinance, and having its principal lot frontage on a street. Lot Area: The total horizontal area within the boundary lines of a lot. 01/23/92 12 Lot, Corner: A lot at a junction of and fronting on two or more intersecting streets. Lot, Interior: A lot other than a corner or through lot. Lot, Through: A lot having frontage on two parallel or approximately parallel streets. Lot Coverage: The percentage of the lot area covered by buildings. 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. Lot Line, Front: 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 through lot, a line separating the lot from the street from which a drive access may be permitted by the City. Lot Line, Rear: 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 (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line. Lot Line, Side: Any lot boundary line not a front lot line or a rear lot line. Lot Line, Zero: A concept utilized to permit a wall of a building to be located on a property line. 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. Manufactured Home: See mobile home Manufacturing: The creation of products either with machinery or by hand according to an organized plan and with the division of labor. Manufacturing, Light: Fabrication of and/or assembly of goods from previously prepared materials. Master Plan: The Bozeman Area Master Plan. Medical Offices, Clinics, and Centers: An establishment where patients are admitted for special study and treatment by licensed health care professionals. 01/23/92 13 Mining: 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. Mobile Homes: (also manufactured home) A factory-assembled structure or structures, exceeding eight (8) 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 a dwelling unit(s) without a permanent foundation, whether or not said running gear has been removed. Mobile Home Park: Any plot of ground upon which two or more mobile homes, occupied or intended to be occupied for dwelling or sleeping purposes, are located. Mobile Home Space: A plot of ground within a mobile home park designed for the accommodation of one mobile home. Mobile Home Stand: That portion of an individual mobile home space which has been reserved for the placement of a mobile home and structures or additions appurtenant to the mobile home. Mobile Office: A factory-assembled structure or structures exceeding eight (8) 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 said running gear has been removed. Model Home: 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: A dwelling unit 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, and whether intended for use as an independent, individual unit or in combination with other units to form a larger building. New Construction: Development commenced on or after the effective date of this Ordinance. Noxious Matter or Material: 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. Non-Conforming Use: (See Use, Non-Conforming) . 01/23/92 14 Nursing Home: 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: 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. Offices: Structures, or portions of structures, in which commercial activities take place but where goods are not produced, sold, or repaired. These include: general and professional offices; governmental offices; insurance offices; real estate offices; taxi-cab offices, but not taxi stands; travel agency or transportation ticket offices; telephone exchange; utility offices; radio broad-casting and similar uses. Open Sales (or Rental) Lot: Any land used or occupied for the purpose of buying, selling, or renting for use away from the premises, any goods, materials, or merchandise, and for the exterior storing of same prior to sale or rental. Open Space, Useable: 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 useable open space. Open Sales (or Rental) Lot: Any land used or occupied for the purpose of buying, selling, or renting for use away from the premises, any goods, materials, or merchandise, and for the exterior storing of same prior to sale or rental. Open Space, Useable: 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 useable open space. Overlay Zone: A zone superimposed upon an underlying zone which establishes special requirements in addition to, or in lieu of, those of the underlying zone. Parking Area: An area, other than a street or alley designated for use, or used, as temporary parking of vehicles. Parking Space, Off-Street: 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: Any wall of a building or structure which is common to two or more buildings, and which has a minimum of 1 hour fire resistant construction by Uniform Building Code. 01/23/92 15 Paved Parking Space or Surface: An area covered by an impervious dust free surface of asphalt or concrete designed to specifications of the Director of Public Service. Personal and Convenience Services: Businesses offering services such as barber shops, beauty shops, shoe repair, laundromats, laundry and dry cleaning pickup and delivery stations, and similar uses. Persons: 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. Planning Director: The Director of the Bozeman City-County Planning Department and the person charged with the administration of this Ordinance. Property, Personal: Property, other than real property, consisting of things temporal and movable. Property, Real: Property consisting of buildings and/or land. Recreational Vehicle: A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven primarily designed as temporary living accommodation 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 (8) feet in width and 33 feet in length. Recreational Vehicle Park: 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. Research Laboratory: An establishment or facility for carrying on investigation in the natural, physical or social sciences, or engineering and development as an extension of investigation with the objective of creating end products. Restaurant: Any restaurant (except a drive-in restaurant or a convenience food restaurant as defined in this Section), coffee shop, cafeteria, short-order cafe, luncheonette, sandwich stand, drugstore, and soda fountain serving food. Retail: The sale of tangible personal property for any purpose other than for resale. Right-of-Way: A public way established or dedicated for public purposes by duly recorded plat, deed, grant, governmental authority or by operation of the law. 01/23/92 16 School: 1) Any pre-primary, primary or grammar, public, parochial or private school, 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; 5) or private school when not conducted as a commercial enterprise for the profit of individual owners or stockholders. Screening: A solid or nearly solid barrier (i.e., wall, fence, plantings) constructed or installed for the purpose of visual separation. Setback Line: 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 Code. Sewer, Public: Any sanitary sewer line owned and maintained by the City of Bozeman, whether or not installed by the City. Sewer System, Community: Any sanitary sewer system, whether treatment plant, septic tank or lagoon designed with a sewer collection system to be used by a legally constituted association of property owners. The system may or may not be a public system. Sign: Sign related definitions can be found in Section 18.65, Sign Code of this Ordinance. Site Plan: 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 he required by this Ordinance. Spa: See Health and Exercise Establishments. Stable, Private: 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 shall not exceed 6,000 square feet in area. Street: A right-of-way, other than an alley, dedicated or otherwise legally established for public use, usually affording the principal means of access to abutting property. Street, Arterial: A street so designated in the Bozeman Area Master Plan. 01/23/92 17 Street, Collector: A street so designated in the Bozeman Area Master Plan. Street, Local: A street designed to provide vehicular access to abutting properties and to discourage through traffic. Street Frontage: Any property line separating a lot from a street; the front lot line. Street, Public: Any street which has been dedicated or is otherwise publicly owned by the City. Any street not a public street shall be deemed a private street. Structure: Anything constructed or erected which requires location on the ground. Structure, Non-Conforming: Any structure which was legal prior to the effective date of this Ordinance, which fails to comply with the building location standards, and/or size requirements of the applicable zone of this Ordinance in which it is located. Structural Alteration: 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. Subdivision or Development Construction Yard: A temporary office and/or vehicular and material storage yard. Swap Meet: 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. Swimming Pools: Either a portable or permanent water container used for recreational purposes which at its deepest point is over eighteen inches (18") and has a volume in excess of one hundred and fifty (150) cubic feet of water. Townhouse: A single family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent building and/or buildings by party walls, or are located immediately adjacent thereto without any visible separation between walls or roof; all of which dwellings may be located on individual and separate lots, if individually owned, or upon a single lot, if under common ownership. Townhouse Cluster: A building consisting of three or more non- communicating, attached one-family units placed side by side and/or back to back, with no unit located over another, and having a com- mon wall between each two adjacent dwelling units. 01/23/92 18 Truck Service Station: An occupancy which provides especially for the servicing of trucks, with incidental operations similar to those permitted for automobile service stations. Truck Stop: A facility for the servicing of diesel powered trucks and tractor trailers. A truck stop shall mean any one or more of the following: 1. Four (4) or more diesel fuel dispensers; 2. Two (2) or more bays for truck washing; 3. Facilities for diesel engine repair. Other uses present at the same facility such as convenience markets or restaurants shall not be determinative of whether or not the facility is a truck stop. Truck Washing Establishment: A facility designed to primarily serve to semi-trailer and tractor travel as a place to have such vehicles cleaned. Unit, Efficiency: A dwelling unit containing only one habitable room as defined and regulated by the latest adopted Uniform Building Code. Use: The employment or occupation of a building, structure or land for a person’s service, benefit, or enjoyment. Use, Accessory: (See Accessory Building or Use) Use, Conditional: Either a public or private use as listed herein 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 Ordinance for any particular conditional use, including time limits, pursuant to the requirements of this Ordinance. Use, Non-Conforming: An existing use of land or building which was legal prior to the effective date of this Ordinance but which fails to comply with the requirements set forth in this Ordinance applicable to the zone in which such use is located. Use, Permitted: A use which is lawfully established in a particular district or districts and which conforms with all requirements, regulations, and performance standards of such district. A Permitted Use may be a Principal Use, an Accessory Use, or a Conditional Use. 01/23/92 19 Use, Principal: A use or structure which determines’ the predominant or major use of the lot on which it is located. The Principal Use shall be that use which establishes the character of the property relative to surrounding or adjacent properties. Use, Temporary: A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period. Variance: A modification or variation of the provisions of this Ordinance as applied to a specific piece of property. No variance regarding use of property shall be permitted. Variance may be permitted only by the Board of Adjustment or City Commission. Variance, Dimensional: Departure from the terms of the zoning regulations pertaining to height or width of structures and size of yard and open spaces where such departure will not be contrary to the public interest and where, owing to conditions peculiar to the property because of its size, shape or topography, and not as a result of the action of the applicant, the literal enforcement of the zoning regulations would result in unnecessary and undue hardship. Veterinary Clinic: See Animal Hospital. Warehouse: An enclosed building designed and’used primarily for the storage of goods and materials. Warehouse, Residential Storage (Mini-Warehouse): 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 family generally stored in residential accessory structures, when such building or group of buildings are not located on the lot of the residence. Water Course: Any natural stream, river, creek, drainage, waterway, gully, ravine or wash in which water flows either continuosuly or intermittently and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow. The term "Water Course" shall not be construed to mean any facility created exclusively for the conveyance of irrigation water. (From Old Code). Wholesale Establishment: An establishment for the sale of goods and merchandise for resale instead of for direct consumption. Wrecking Yard: 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. 01/23/92 20 Yard: 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, driveways, lamp posts and similar structures, and unobstructed by structures, except as otherwise provided in this Ordinance. Yard, Corner Side: A yard 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 said side lot line to a point intersecting the rear lot line, then along said rear lot line to a point intersecting the line formed by extending the wall of the nearest principal building paralleling the side lot line. Yard, Front: A yard 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. Yard, Rear: A yard extending across the full width of the lot between the two side lot lines and between the rear line and a parallel line tangent to the rear of the principal building and the depth of which is the least distance between the rear lot line and the parallel line. Yard, Required: The minimum dimension of a front, side, or rear yard as established by the use regulations for each district. See also: Building Line, Required. Yard, Side: A yard 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. Zoning Map: A map or maps with all notations, dimensions, references and symbols shown thereon depicting individual zoned districts in accordance with this Ordinance. 01/23/92 21 CHAPTER 18.06 ZONING DISTRICTS AND ZONING MAP 18.06.010 USE DISTRICTS DESIGNATED ~ ZONING MAP ADOPTED A. The City and its extraterritorial zoning limits surrounding the City are hereby divided into zones, or districts, as shown on the official zoning maps which, together with all explanatory matter thereon, are hereby adopted by reference and declared to be a part of this title. For the purpose of this title, the City of Bozeman is hereby divided and classified into the following use districts: A-S - Agriculture Suburban District R-S - Residential Suburban District R-1 - Residential - Single-family, Low Density District R-2 - Residential - Single-family, Medium Density District R-2a - Residential - Single-family, Medium Density District R-3a - Residential - Two-Family, Medium Density District R-3 - Residential - Medium Density District R-4 - Residential - High Density District R-O - Residential - Office District B-1 - Neighborhood Business District B-2 - Community Highway Business District B-3 - Central Business District M-1 - Light Manufacturing District M-2 - Manufacturing and Industrial District BP - Business Park District HMU - Historic Mixed Use PLI - Public Lands and Institutions District NC - Neighborhood Conservation Overlay District EO - Bozeman Area Entryway Overlay District FH - Flood Hazard Overlay District (refer to Federal Insurance Rate Maps for locations) R-MH - Residential - Mobile Home District 18.06.020 OFFICIAL MAP-AVAILABILITY, CERTIFICATION AND AUTHORITY-CHANGES The official maps shall be available in the office of the Planning Director and shall bear certificate with the signature of the Mayor attested by the Clerk of the Commission and the date of adoption of this Ordinance codified herein. The certificate should read as follows: "This is to certify that this is an Official Zoning Map referred to in Section of Ordinance Number of the City of Bozeman, Montana. 01/23/92 22 Mayor: Attested: Date of Adoption: Cc. If any changes to the map are made by amendment of this Ordinance in accordance with Chapter 18.68 hereof, such changes shall be made to the Official Zoning Maps and signed, dated and certified upon the map or upon the material attached thereto. D. Regardless of the existence of purported copies of the offi- cial zoning maps, which may from time to time be made or published, the official zoning maps kept in the City offices by the Planning Director shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the City or its zoning jurisdiction. 18.06.030 OFFICIAL MAP - REPLACEMENT CONDITIONS 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 shall 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. The new official zoning maps shall be identified by signature of the Mayor attested by the Clerk of the Commission. 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 Number of the City of Bozeman, Montana. Mayor Attested Date of Amendment 18.06.040 BOUNDARY INTERPRETATION GUIDELINES A. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the boundaries shall be interpreted as following the nearest logical line to that shown: 1. Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be con- strued to follow such center lines; 01/23/92 23 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; 35 Boundaries indicated as approximately following City limits shall be construed as following such City limits; 4. Boundaries indicated as following railroad lines shall be construed to be midway between the main track(s); Si Boundaries indicated as following the center line of streams, rivers, canals, or ditches shall be construed to follow such center lines; 6. Boundaries indicated as parallel to or extensions of features indicated on the official zoning map shall be determined by the scale of the map. 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 Planning Director shall interpret the district boundary such interpretation may be subject to appeal to the Board of Adjustment. Where district boundaries divide a lot or parcel into two or more districts, 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. Any development lying wholly or partially within a specified overlay district shall be reviewed as if it lay entirely within said overlay district. 18.06.0500 ZONING OF ANNEXED TERRITORY A. All territory which may hereafter be annexed to the City or through annexation fall within the City’s extraterritorial zoning jurisdiction shall be, in conjunction with the annexation, zoned to the most similar or nearest zoning classification district applied to the territory by any county zoning ordinance prior to the annexation. The City Commission shall determine the appropriate zoning for any and all areas to be annexed to the City or to be annexed to the City’s extraterritorial zoning limits but shall request a recommendation from the Planning Board and shall take into consideration the Bozeman Area Master Plan. In lieu of Section 18.06.050.A, above, when such zoning of annexed territory is to be effective at the time of such annexation and is to be different from the most similar or nearest classification district applied to the territory by any county zoning ordinance prior to the annexation, the Planning Board shall have held its public hearing in order 01/23/92 24 that the City Commission may determine the proper zoning by zoning amendment to be effective upon the effective date of such annexation. 18.06.060 CLASSIFICATION OF PARTICULAR USES-CITY COMMISSION AUTHORITY If questions arise concerning the appropriate classification of a particular use, the City Commission shall determine whether the particular use may be interpreted to be the same as a listed permitted or conditional use. In interpreting the appropriate Classification of a particular use, the City Commission shall determine: A. That the use is the same, or so similar so as to be interpreted as the same, as one or more uses permitted in the district wherein it is proposed to be located; B. That the use and its operation are compatible with the uses permitted in the district wherein the use is proposed to be located; on That the use will not cause substantial injury to values of property in the neighborhood or district wherein it is proposed to be located; and D. That neither the intent of the ordinance nor the intent of the district will be abrogated by such classification. If a specific use is not listed and cannot be interpreted to be the same as a listed permitted or conditional use, the use shall not be allowed. However, a zone code amendment may be submitted for review and approval pursuant to the requirements of this Ordinance to allow such use as a listed permitted or conditional use. 01/23/92 25 CHAPTER 18.08 APPLICATION OF REGULATIONS 18.08.010 APPLICATION OF REGULATIONS The regulations set by this title shall be minimum regulations and all regulations as categorized shall apply uniformly to each class or kind of structure or land and particularly the regulations which follow. 18.08.020 COMPLIANCE WITH ZONING REGULATIONS REQUTRED No building, structure or land shall hereafter be used or occupied, and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, and no development shall commence unless it is in conformity with all of the regulations herein specified. 18.08.030 AREA REQUIREMENTS FOR INDIVIDUAL BUILDINGS -~RESTRICTIONS No part of any yard, 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 title, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building except as provided in Chapter 18.50.1120 of this Ordinance. 18.08.0400 YARDS AND LOTS -- REDUCTION PROHIBITED No yard or lot existing at the time of adoption of the ordinance codified in this title shall be reduced in dimension or area below the minimum requirements of this ordinance except as set forth herein. Yards or lots created after the effective date of said ordinance shall meet at least the minimum requirements established by this Ordinance. 01/23/92 26 CHAPTER 18.10 A-S AGRICULTURE SUBURBAN DISTRICT 18.10.0110 INTENT The intent of the A-S agriculture suburban district is to encourage cluster development so that areas of agriculture and areas of environmental concern are preserved. It is intended that through the use of this district, agricultural pursuits and/or open space will be preserved and environmental concerns, such as high water table and flood plains, will be protected. 18.10.020 PERMITTED USES Permitted uses in the A-S district are as follows: A. Principal Uses Agricultural uses One-family dwellings One-family mobile homes on permanent foundations which meet all the requirements of Section 18.50.180 Essential services (type I) Family day care home Group day care home Nursery, plant Public parks B. Conditional Uses Airfield, personal use Churches Community residential facilities Day care centers Essential services (type ITI) Golf courses Group homes Hunting and fishing clubs Public and private parks and playgrounds Veterinary uses Recreational vehicle parks and campgrounds Residence for owner or caretaker of recreational vehicle Parks and campgrounds Schools . Temporary sales and office buildings Any use approved as part of a planned unit development subject to the provisions of Section 18.54 of this Ordinance 01/23/92 27 Accessory Uses Fcc earth stations Fences Greenhouses Guest house Home occupations On-premise sale of products produced thereon Private garage Private or jointly owned community center recreational facilities, pools, tennis courts, and spas Single or multi-family dwellings to house employees working on the farm or ranch Signs, subject to Section 18.65 Temporary buildings and yards incidental to construction work Tool sheds for storage of domestic supplies Other buildings and structures typically accessory to residential and agricultural uses. 18.10.030 LOT AREA AND WIDTH A. Standard Development Option Minimum lot area in the A-S district shall be 20 acres, with a lot width not less than six hundred sixty feet. Cluster Development Option This option is intended to encourage land reassemblage and cluster development, or other planned development meeting the intent of the Rural Residential land use classification of the 1990 Bozeman Area Master Plan Update. For developments using this option density bonuses over the one dwelling unit per 20 acres may be permitted where the land to be subdivided consists of at least twenty-five (25) acres, and where the average net size of residential lots is limited to not more than one (1) acre, thereby maximizing the amount of land remaining in agricultural production or open space. Any development using the Cluster Development Option shall be subject to the requirements of Figure 1, "Cluster Density Bonuses". However, additional density bonuses may be available where the proposed development enhances and/or preserves identified community interests such as wildlife habitat, open space corridors, ridge lines, or riparian areas. Planned Unit Development (PUD) Option Lot area and width in the A-S District may be determined through a PUD review process, subject to the provisions of the 01/23/92 28 1990 Master Plan Update, and in relation to Urban Growth Area and Existing Sewer Service Boundary lines as depicted therein. This option is intended to encourage creative planned developments. 18.10.040 LOT COVERAGE Not more than five percent of the lot area in the A-S district shall be covered by the principal and accessory buildings. 18.10.050 YARDS Every lot in the A-S district shall have the following minimum yards: Front yard 35 feet Rear yard 25 feet Side yards 25 feet each side 18.10.060 BUILDING HEIGHT In the A-S district, maximum building height for buildings designed and constructed for human occupancy shall be twenty-four feet. Only other structures necessary for agriculture uses may exceed this height. 18.10.070 ANIMAL ENCLOSURE SETBACKS Except for pastures, any stable, barn, hutch, pen, shed or other such structure built to enclose or house animals or fowl shall be not less than fifty feet from any structure used for human occupancy. 01/23/92 29 CHAPTER 18.12 R-S RESIDENTIAL-SUBURBAN COUNTRY ESTATES DISTRICT 18.12.010 INTENT The intent and purpose of the R-S residential-suburban country estates district is to allow single-family development on lots not smaller than one acre in those areas which were zoned R-S and platted (subdivided) or considered part of an approved master plan or phased development prior to the effective date of this Ordinance. Any area which was zoned R-S residential-suburban country estates, but not platted, subdivided or considered part of an approved master plan or phased development prior to the effective date of this Ordinance, or any newly designated R-S districts, shall he subject to the provisions of Chapter 18.54 of this Ordinance, Planned Unit Development, and shall be developed in compliance with the adopted Bozeman Area Master Plan, and more particularly the Planned Unit Development requirements of the suburban residential land use classification. 18.12.020 PERMITTED USES Permitted uses in the R-S district are as follows: A. Principal Uses Agricultural uses on not less than two and one-half acres, including barns and animal shelters and the keeping of animals and fowl, together with their dependent young, as hereinafter set forth per two and one-half acres: one horse or one cow; two sheep or two goats; ten rabbits; thiry-six fowl (chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese, turkeys, etc.) One-family dwellings One-family mobile homes on permanent foundations which meet all the requirements of Section 18.50.180 Essential services (type I) Family day care home Group day care home Public and private parks and playgrounds B. Conditional Uses Agricultural uses on less than two and one-half acres Churches Community residential facilities Day Care Centers Essential services (type ITI) FcC earth stations 01/23/92 30 Golf Courses Group homes Veterinary uses Other recreational uses Schools Temporary sales and office buildings Any use approved as part of a planned unit development subject to the provisions of Section 18.54 of this Ordinance Cc. Accessory Uses Fences Greenhouses Guest house Home occupations Private garage Private or jointly owned community center recreational facilities, pools, tennis courts, and spas Signs, subject to Section 18.65 Temporary buildings and yards incidental to construction work Tool sheds for storage of domestic supplies Other building and structures typically accessory to residential or agricultural uses 18.12.030 LOT AREA AND WIDTH Lot area and width for newly created lots in the R-S district shall be determined through the PUD review procedures set forth in Section 18.54 of this Ordinance, in compliance with the adopted Bozeman Area Master Plan. Existing lots in the R-S district shall be considered non-conforming lots if less than one-acre in area and/or 150 feet in width and subject to Section 18.50.160 of this Ordinance. 18.12.040 LOT COVERAGE AND FLOOR AREA Lot coverage and floor area for newly created lots in the R-S @istrict shall be determined through the PUD review procedures set forth in Section 18.54 of this Ordinance, in compliance with the adopted Bozeman Area Master Plan. For existing lots in the R-S district, not more than twenty-five percent of the lot area shall be covered by principal and. accessory buildings. Each dwelling unit shall have a minimum of 1000 square feet of floor area. 18.12.050 YARDS A. Every lot in the R-S district which existed prior to the effective date of this Ordinance shall have the following minimum yards: 01/23/92 31 Front yard 35 feet Rear yard 25 feet Side yards 25 feet each side Minimum yard requirements for newly created R-S lots shall be determined through the PUD review process. (NOTE: All yards shall be subject to the provisions of Section 18.50.060. C. when applicable.) B. All pens, coops, barns, stables or permanent corrals shall be set back not less than one hundred feet from any residence or public road and not less than fifty feet from any property line. 18.12.060 BUILDING HEIGHT Maximum building height in the R-S district shall be twenty-four feet. 01/23/92 32 CHAPTER 18.14 R-1 RESIDENTIAL-SINGLE FAMILY, LOW DENSITY DISTRICT 18.14.0100 INTENT The intent of the R-l residential single-family, low density, district is to provide for low density single-family residential development within the City of Bozeman, to conform to the system of services available, to the slope of the land or other limiting factors, and to provide for such community facilities and services as will serve the area’s residents while protecting the residential character and quality of the area. 18.14.020 PERMITTED USES Permitted uses for the R-1l district are as follows: A. Principal Uses One-family dwellings Essential services (type I) Family day care home Group day care home Public parks B. Conditional Uses Churches Community residential facilities Day care centers Golf Courses Group homes Schools Temporary sales and office buildings Private storm water control facilities Any use approved as part of a planned unit development subject to the provisions of Section 18.54 of this Ordinance Cc. Accessory Uses Fences Greenhouses Guest house Home occupations Private garage Private or jointly owned community center recreational facilities, pools, tennis courts, spas Signs, subject to Section 18.65 Temporary buildings and yards incidental to construction wok Tool sheds for storage of domestic supplies 01/23/92 33 Other building and structures typically accessory to residential uses. 18.14.030 LOT AREA AND WIDTH Lot area for any use in the R-1 district shall be not less than ten thousand square feet and no lot width shall be less than eighty feet. 18.14.040 LOT COVERAGE AND FLOOR AREA In the R-l district, not more than forty percent of the lot area shall be occupied by the principal and accessory buildings. Each dwelling unit shall have a minimum of 1,250 square feet of floor area. 18.14.050 YARDS Every lot in the R-1 district shall have the following minimum yards: Front yard 25 feet Rear yard 25 feet Side yards 12 feet each side (NOTE: All yards will be subject to the provisions of 18.50.060 Cc. when applicable.) 18.14.060 BUILDING HEIGHT Maximum building height in the R-1l district shall be twenty-four feet. 01/23/92 34 CHAPTER 18.16 R-2 RESIDENTIAL, SINGLE-FAMILY MEDIUM-DENSITY DISTRICT 18.16.010 INTENT The intent of the R-2 residential, single-family, medium-density district is to provide for single-family residential development of a medium density within the City of Bozeman in areas that present few or no development problems, and for neighborhood facilities to serve such development while preserving the residential quality and nature of the area. 18.16.020 PERMITTED USES Permitted uses in the R-2 district shall be only those uses permitted in an R-1l district. 18.16.030 LOT AREA AND WIDTH Lot area for any use in the R-2 district shall be not less than seven thousand square feet and no lot width shall be less than seventy feet. 18.16.040 LOT COVERAGE AND FLOOR AREA In the R-2 district, not more than forty percent of the lot area shall be occupied by the principal and accessory buildings. Each dwelling unit shall have a minimum of 1,000 square feet of floor area. 18.16.050 YARDS Every yard in the R-2 district shall have the following minimum yards: Front yard 25 feet Rear yard 20 feet Side yards 8 feet each side (NOTE: All yards shall be subject to the provisions of 18.50.060 C. when applicable. 18.16.060 BUILDING HEIGHT - Maximum building height in the R-2 district shall be twenty-four feet. 01/23/92 35 CHAPTER 18.17 R-2a RESIDENTIAL - SINGLE FAMILY - MEDIUM DENSITY 18.17.010 INTENT The intent of the R-2a single-family residential, medium density district is to provide for economical, single - family residential development of a density consistent with the Bozeman area master plan within the City of Bozeman and in areas that present few or no development problems, and for neighborhood facilities to serve such development while preserving the residential quality and nature of the area. 18.17.020 PERMITTED USES Permitted uses in the R-2a district shall be only those uses permitted in an R-2 District and one-family mobile homes on permanent foundations which meet all requirements of Section 18.50.180. 18.17.030 LOT AREA AND WIDTH Lot area for any use in the R-2a district shall be not less than six thousand square feet, and no lot width shall be less than sixty feet. 18.17.040 LOT COVERAGE AND FLOOR _AREA In the R-2a district, no more than forty percent of the lot area shall be occupied by the principal and accessory buildings. Each dwelling shall have a minimum of eight hundred square feet of floor area. 18.17.050 YARDS Every lot in the R-2a district shall have the following minimum yards: Front yard 25 feet Rear yard 20 feet Side yards 8 feet each side (NOTE: All yards shall be subject to the provisions of 18.50.060 c. when applicable. 18.17.060 BUILDING HEIGHT Maximum building height in the R-2a district shall be twenty- four feet. 01/23/92 36 CHAPTER 18.18 R-3a RESIDENTIAL-TWO-FAMILY MEDIUM DENSITY 18.18.010 INTENT The intent of the R-3a district is to provide for one and two family residential development of a medium density within the City of Bozeman in areas that present few or no development problems, and for neighborhood facilities to serve such development while preserving the residential quality and nature of the area. 18.18.020 PERMITTED USES Permitted uses in the R-3a district are as follows: A. Principal Uses One-family dwellings Two-family dwellings Community residential facilities Essential services (type I) Family day care home Group day care home Group homes Public parks Conditional Uses Churches Day Care Centers Golf courses Lodging Houses (Bed and Breakfasts) Schools Temporary sales and office buildings Any use approved as part of a planned unit development subject to the provisions of Section 18.54 of this Ordinance Accessory Uses Fences Greenhouses Guest house Home occupations Private garage Private or jointly owned community center recreational facilities, pools, tennis courts, and spas Signs, subject to Section 18.65 Temporary buildings and yards incidental to construction wrk Tool sheds for storage of domestic supplies 01/23/92 37 Other building and structures typically accessory to residential uses 18.18.030 LOT AREA AND WIDTH A. In the R-3a district, minimum lot area for two-family units shall be six thousand square feet with a minimum lot width of sixty feet. B. Minimum lot area for one-family dwellings and other uses shall be five thousand square feet with a minimum lot width of fifty feet. 18.18.040 LOT COVERAGE AND FLOOR AREA In the R-3a district, not more than forty percent of the lot shall be occupied by the principal and accessory buildings. The average floor area of all dwelling units in a structure shall have a minimum of 600 square feet. 18.18.050 YARDS Every lot in the R-3a district shall have the following minimum yards: Front yard 25 feet Rear yard 20 feet Side yard 8 feet each side (NOTE: All yards shall be subject to the provisions of 18.50.060 C. when applicable. 18.18.060 BUILDING HEIGHT Maximum building height in the R-3a district shall be twenty-four feet. 01/23/92 38 CHAPTER 18.20 R-3 RESIDENTIAL-MEDIUM-DENSITY DISTRICT 18.20.010 INTENT The intent of the R-3 district is to provide for the development of one to five family residential structures near service facilities within the City of Bozeman. It should provide for a variety of housing types to serve the varied needs of families of different size, age and character, while reducing the adverse effect of nonresidential uses. 18.20.020 PERMITTED USES Permitted uses in the R-3 district are as follows: A. Principal Uses One-family dwellings One-family mobile homes on permanent foundations which meet all the requirements of Section 18.50.180 Two-family dwellings Three to four unit multiple family dwelling unit structures Townhouse clusters, not to exceed five units or 120 feet in length Community residential facilities Essential services (type I) Family day care home Group day care home Group homes Public parks B. Conditional Uses Churches Day Care Centers Fraternity and sorority houses Golf courses Lodging houses Schools Temporary sales and office buildings Any use approved as part of a planned unit development subject to the provisions of Section 18.54 of this Ordinance Cc. Accessory Uses Fences Greenhouses Guest house Home occupations Private garage 01/23/92 39 Private or jointly owned community center recreational facilities, pools, tennis courts, and spas Signs, subject to Section 18.65 Temporary buildings and yards incidental to construction work Tool sheds for storage of domestic supplies Other building and structures typically accessory to residential uses 18.20.030 LOT AREA AND WIDTH A. In the R-3 district, minimum lot area for two to four family units shall be three thousand square feet per dwelling unit with a minimum lot width of sixty feet. B. For townhouse clusters the minimum average lot area per unit in an individual structure shall be 3,000 square feet. The minimum lot width shall be that of the width of the interior units. Cc. Minimum lot area for other uses, including one-family dwelling units, shall be five thousand square feet with a minimum lot width of fifty feet. 18.20.040 LOT COVERAGE AND FLOOR AREA In the R-3 district, not more than forty percent of the lot shall be occupied by the principal and accessory buildings. The average floor area of all dwelling units in a structure shall have a minimum of 600 square feet. 18.20.050 YARDS Every lot in the R-3 district shall have the following minimum yards: Front yard 25 feet Rear yard 20 feet Side yards 8 feet each side (except zero lot line sides of townhouse units) (NOTE: All yards shall be subject to the provisions of 18.50.060 C. when applicable. 18.20.060 BUILDING HEIGHT Maximum building height in the R-3 district shall be thirty-two feet. 01/23/92 40 CHAPTER 18.24 R-4 RESIDENTIAL-HIGH DENSITY DISTRICT 18.24.010 INTENT The intent of the R-4 residential, high-density district is to provide for high density residential development within the City of Bozeman with associated service functions. This will provide for a variety of compatible housing types to serve the varying needs of the community’s residents. 18.24.020 PERMITTED USES Uses permitted in the R-4 district are the uses permitted in the R-3 district, plus apartment buildings and townhouse structures exceeding four (4) units per structure as principal uses. Additional conditional uses permitted in the R-4 district are offices (as defined herein), and medical offices, clinics and centers. 18.24.030 LOT AREA AND WIDTH A. Lot area for two-family to four-family dwellings shall not be less than five thousand square feet, plus one thousand six hundred square feet for each additional unit over one, with a minimum lot width of fifty feet. Be Lot area for apartment buildings up to two stories shall not be less than five thousand square feet, plus eight hundred square feet for each additional dwelling unit over one. Minimum lot width shall be fifty feet. c. Lot area for apartment buildings of three or more stories shall not be less than five thousand square feet, plus six hundred square feet for each additional dwelling unit over one. Minimum lot width shall be fifty feet. 18.24.040 LOT COVERAGE AND FLOOR AREA In the R-4 district, not more than forty percent of the lot shall be occupied by the principal and accessory buildings. The average floor area of all dwelling units in a structure shall have a minimum of 600 square feet. 18.24.050 YARDS Every lot in the R-4 district shall have the following minimum yards: 01/23/92 41 25 feet Front yard Rear yard 20 feet Side yards 8 feet each side (NOTE: All yards shall be subject to the provisions of 18.50.060 Cc. when applicable. 18.24.060 BUILDING HEIGHT Maximum building height in the R-4 district shall be thirty-two feet. 01/23/92 42 CHAPTER 18.26 R-O RESIDENTIAL-OFFICE DISTRICT 18.26.010 INTENT The intent of the R-O residential-office district is to provide for and encourage the development of professional offices, business headquarters, and compatible multi-family and apartment development that would blend well with adjacent land uses. 18.26.020 PERMITTED USES Permitted uses in the R-O district are as follows: A. Principal Uses Apartments located on the second or subsequent floors Essential services (type I) Medical offices, clinics, and centers Offices (as defined herein) Conditional Uses Apartment buildings and multi-family dwellings Churches Community residential facilities Day Care Centers Efficiency units Group homes Lodging Houses (Bed and Breakfasts) Schools Any use approved as part of a planned unit development sibjet to the provisions of Section 18.54 of this Ordinance Accessory Uses Fences Greenhouses Home occupations Private garage Tool sheds for storage of domestic supplies Other building and structures typically accessory to permitted uses Signs, subject to Section 18.65 Refuse containers Accessory structures as approved by the Planning and Zoning Board Temporary buildings and yards incidental to construction wk Parking areas as required by Section 18.50 01/23/92 43 18.26.030 LOT AREA AND WIDTH Lot area and width for uses in the R-O district shall not be less than 5,000 square feet and 50 feet, respectively. 18.26.040 LOT COVERAGE AND FLOOR AREA A. In the R-O district, lot coverage by principal and accessory buildings shall not be more than forty percent for residential uses nor more than sixty percent for any other uses. Non- residential development shall not generate greater traffic than the traffic which would be generated by the maximum residential development which could occur with forty percent coverage of the lot in question. The source for traffic generation projections will be the current edition of Trip Generation, published by the Institute of Transportation Engineers. B. The average floor area of all dwelling units in a structure shall be a minimum of 600 square feet. 18.26.050 YARDS Every lot in the R-O district shall have the following minimum yards: Front yard 25 feet Rear yard 20 feet Side yard 8 feet (NOTE: All yards shall be subject to the provisions of 18.50.060 Cc. when applicable.) 18.26.060 BUILDING HEIGHT Maximum building height for the R-O district shall be thirty-two feet. 01/23/92 44 CHAPTER 18.28 B-1 NEIGHBORHOOD SERVICE DISTRICT 18.28.010 INTENT A. The intent of the B-1 neighborhood service district is to provide for small retail and service activities frequently required by neighborhood residents on a day-to-day basis, while still maintaining a residential character. 18.28.020 PERMITTED USES Principal activities shall be limited to those which are completely enclosed within a building not larger than five thousand square feet in gross floor area. Accessory activities such as play areas associated with day care centers and patio dining areas for restaurants shall be permitted outdoors subject to approval by the appropriate reviewing authority. Permitted uses in the B-1 district are as follows: A. Principal Uses Day care centers Apartments located on the second or subsequent floors Essential services (type I) Food stores, such as grocery stores, bakeries, etc. Personal and convenience services Restaurants (exclusive of drive-ins) Retail uses B. Conditional Uses Automobile service station Churches Essential services (type II) Professional and business offices Restaurants serving alcoholic beverages Any use approved as part of a planned unit development subject to the provisions of Section 18.54 of this Ordinance Cc. Accessory Uses Fences . Signs, subject to Chapter 18.65 Refuse containers Other buildings and structures typically accessory to permitted uses. Temporary building and yards incidental to construction work Parking areas as required by Chapter 18.50 01/23/92 45 18.28.030 LOT AREA AND WIDTH Lot area for the B-1 district shall be adequate to provide for required yards and off-street parking, but in no case less than five thousand square feet and fifty feet in width. 18.28.040 LOT COVERAGE In the B-1 district, the entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings. 18.28.050 YARDS Every lot in the B-1 district shall have the following minimum yards: Front yard 25 feet Rear yard 20 feet Side yard 8 feet (NOTE: All yards shall be subject to the provisions of 18.50.060 C. when applicable.) 18.28.060 BUILDING HEIGHT Maximum building height in the B-1 district shall be thirty-two feet except when adjacent to an R-S, R-1, R-2, R-2a, or R-3a district wherein the height shall not exceed twenty-four feet. 01/23/92 46 CHAPTER 18.30 B-2 COMMUNITY BUSINESS DISTRICT 18.30.010 INTENT The intent of the B-2 Community Business district is to provide for a broad range of retail and service functions with access oriented to major arterial streets. 18.30.020 PERMITTED USES Permitted uses in the B-2 district are as follows: A. Principal Uses Ambulance service Antique shop and store Apparel and accessory store Art gallery Art supply stores Audio-visual equipment sales and rental Automobile parking lot or garage (public or private) Automobile or boat sales and/or rental service Auto supply store Bakery for on-site sales, less than 4,000 square feet Banks and other financial institutions Barber shop Beauty parlor Bicycle sales, service and repair shop Book and stationery store Bowling alleys Bus terminals Business and office machine sales, service and repair shop Candy and ice cream store Churches Cigar and tobacco store Clothing and costume sales and rental shop Community center or meeting hall Convenience food restaurant Convenience uses Custom dressmaking, furrier, millinery or tailor shop employing five persons or less Dancing or theatrical studio Delicatessen and catering establishment Department store Drug stores Dry goods and notion store Dry cleaning and laundry establishment, for drop off/pick up service Apartments located on the second or subsequent floors Essential services (type I) Equipment sales and service 01/23/92 47 Florist Frozen food storage and locker rental Furniture store Game rooms, pool halls Garden supply store, indoor sales only Gift shop Grocery store (including retail markets and produce store) Hardware store, no exterior storage Health and exercise center Hobby, and coin shop Hotel or motel Hunting and fishing supply store Interior decorator’s shop Jewelry and metal craft store Laundromat, self service Leather goods and luggage store Liquor store Lock and key shop Mail order catalog store Medical, dental or health clinic Medical and orthopedic appliance store Messenger or telegraph service station Mortuary Museum Music and instrument sales, service and repair shop Music or dance studio Newspaper office Newsstand Nursery, Plant Offices (as defined herein) Office supply and office equipment store Optician Package liquor store, including drive-in Paint and wallpaper store Pawn shop Personal and convenience services Pet shop Pet grooming shop Photographic equipment and supply store Photographic studio Picture frame shop Private club, fraternity, sorority or lodge Public buildings Radio or television SauLes} with/without service and repair Radio and television studio, without transmission towers Research laboratories Restaurants Second hand stores Sewing machine store Shoe store Shoe repair and shoe shine shop Sporting and athletic goods store 01/23/92 48 Tailor shop, less than 5 employees Theatre, excluding drive-in theatre Toy store Travel agency Upholstery shops (excluding on-site upholstery service for cars, boats, trailers, trucks, and other motorized vehicles requiring overnight storage) Variety store Wallpaper store Watch repair shop Wholesale establishments that use samples, but do not stock on premises Conditional Uses Amusement and recreational activities Automobile repair facilities Automobile service stations Automobile washing establishments, drive-through Automobile washing establishments, self service Bar (tavern, cocktail lounge) Bowling alley Building materials sales Business, technical or vocational school Casino Community residential facilities Convenience food store with gas pumps Day care center Essential services (type ITI) Hospitals Mortuaries Recreational vehicle sales and/or rental Restaurants serving alcoholic beverages Retail uses in addition to those principle uses listed Tennis and racquet clubs Veterinary clinics Video arcades Wholesale distributors with on-premise retail outlets, providing warehousing is limited to commodities which are sold on the premises Any use approved as part of a planned unit development subject to the provisions of Section 18.54 of this Ordinance Accessory Uses Fences Signs, as per Chapter 18.65 Refuse containers Other buildings and structures typically accessory to permitted uses Temporary buildings and yards incidental to construction wok 01/23/92 49 18.30.030 LOT AREA AND WIDTH There shall be no minimum lot area in the B-2 district however, no lot width shall be less than 100 feet and the lot area shall be sufficient to provide all required yard areas and off-street parking. 18.30.0400 LOT COVERAGE In the B-2 district, the entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings. 18.30.050 YARDS Every lot in the B-2 district shall have the following minimum yards: Front yards 25 feet Rear yards 10 feet Side yards 8 feet each side (NOTE: All yards shall be subject to the provisions of 18.50.060 C. when applicable.) 18.30.060 BUILDING HEIGHT Maximum building height in the B-2 district shall be thirty-two feet. 01/23/92 50 CHAPTER 18.32 B-3 CENTRAL BUSINESS DISTRICT 18.32.0110 INTENT The intent of the B-3 central business district is to provide a central area for the community’s business, government, service, and cultural activities. Uses within this district should be appropriate to such a focal center with inappropriate uses being excluded. Room should be provided in appropriate areas for logical and planned expansion of the present district. It is the intent of this district to encourage high volume, pedestrian oriented uses in ground floor space in the "core area" of Bozeman’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. 18.32.020 PERMITTED USES Permitted uses in the B-3 district are as follows: A. Principal uses Ambulance service Antique shop and store Apartments, except on ground floor in "core area" as described above Apparel and accessory store Appliance sales, services Art galleries Art supply stores Audio-visual equipment sales and rental Automobile parking lot or garage (public or private) Auto supply store Bakery for on-site sales, less than 4,000 square feet Banks and other financial institutions Barber shop Beauty parlor Bicycle sales, service and repair shop Book and stationery store Business and office machine sales, service and repair shop Butcher shops (retail sales only) Candy and ice cream store . Churches, except on the ground floor in "core area" as described above Cigar and tobacco store Clothing and costume sales and rental shop Community center or meeting hall Convenience food store 01/23/92 51 Custom dressmaking, furrier, millinery or tailor shop employing five persons or less Dancing or theatrical studio Delicatessen and catering establishment Department store Dry goods and notion store Dry cleaning and laundry establishment, for drop off/pick up service Essential services (type I) plus police and fire stations Florist Furniture store Game rooms, pool halls Gift shop Grocery store (including retail markets and produce store) Handicraft manufacturing, primarily for on-site retail sales Hardware store, no exterior storage Health and exercise center Hobby, and coin shop Hotel or motel Hunting and fishing supply store Interior decorator’s shop Jewelry and metal craft store Laboratories, research and diagnostic, except on ground floor in "core area" as described above Laundromat, self service Laundry, dry cleaning Leather goods and luggage store Libraries Liquor store Lock and key shop Mail order catalog store Medical, dental or health clinic, except on ground floor in "core area" as described above Medical and orthopedic appliance store Messenger or telegraph service station Museum Music and instrument sales, service and repair shop Music or dance studio Newspaper office Newsstand Offices, public or private, except on ground floor within te "core area" as described above Office supply and office equipment store Optician Package liquor store Paint and wallpaper store Parking lots, except on ground level in "core area" as described above Pawn shop Pet shop Pet grooming shop Pharmacies 01/23/92 52 Photographic equipment and supply store Photographic studio Picture frame shop Printing offices and publishing establishments Private club, fraternity, sorority or lodge Private schools, such as dance, business secretarial and technical, but not private or public pre-school, elementary or secondary schools, and not on ground floor in "core area" as described above Public buildings Radio or television sales, with/without service and repair Radio and television studio, without transmission towers except on ground floor within the "core area" as described above Repair services for clothes, dolls, small appliances, watches, glasses and such other items Research laboratories, except on ground floor within the "core area" as described above Restaurants Second hand stores Sewing machine store Shoe store Shoe repair and shoe shine shop Sporting and athletic goods store Tailor shop, less than 5 employees Theatre, excluding drive-in theatre Toy store Travel agency Upholstery shops, excluding on-site upholstering services of cars, boats, trucks and other heavy equipment Variety store Wallpaper store Watch repair shop Wholesale establishments that use samples, but do not stock on premises Conditional Uses Automobile body shops Automobile service stations Automobile upholstery shops Bakeries, other than as listed as principle uses above Bar (tavern, cocktail .lounge) Bowling alley Building materials sales Bus terminal Business, technical and vocation school Car washes, hand operated Casino Civic centers Convenience food restaurant Convenience food store with gas pumps 01/23/92 53 Day care homes and centers Essential services (type ITI) Hospitals Mortuaries Muffler sales and service shops Offices, on ground floor within the "core area" as described above Restaurants serving alcoholic beverages Retail uses in addition to those principle uses listed Sign paint shops (not including neon sign fabrication) Video arcades Any use approved as part of a planned unit development saiject to the provisions of Section 18.54 of this Ordinance D. Accessory Uses Signs, as per Section 18.65 Refuse containers Other buildings and _ structures typically accessory to permitted uses Temporary buildings and yards incidental to construction wak 18.32.030 LOT AREA AND WIDTH No minimum lot area or width is prescribed for the B-3 district. 18.32.040 LOT COVERAGE In the B-3 district, buildings may cover entire lot providing other requirements are met. 18.32.050 YARDS A. No minimum yards prescribed for the B-3 district except a fifteen-foot front yard shall be required on Mendenhall ana Babcock Streets. B. Where at least fifty percent of a block (from cross-street to cross-street) in the B-3 district is presently used for residential purposes and commercial use is to be developed or expanded, a minimum fifteen foot side or front yard shall be required from the streets on which the residential use fronts. Cc. All yards shall be subject to the provisions of 18.50.060 Cc. when applicable . 18.32.060 BUILDING HEIGHT Maximum building height in the B-3 district shall be fifty-five feet. 01/23/92 54 CHAPTER 18.34 M-1 LIGHT MANUFACTURING DISTRICT 18.34.0100 INTENT The intent of the M-l 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. 18.34.020 PERMITTED USES Permitted uses in the M-l district are as follows: A. Principal Uses Ambulance service Automobile, boat or recreational vehicle sales, service avja rental Automobile parking lot or garage (public or private) Automobile repair facilities Automobile service stations Automobile washing establishments, drive-through and self- service Bakery Banks and other financial institutions Building contractor’s office Building materials sales Business and office machine sales, service and repair shop Cabinet shops Churches Community center or meeting hall Convenience food restaurant Essential services (type I) Health and exercise center Hotel or motel Manufacturing, light and completely indoors Medical, dental or health clinic Messenger or telegraph service station Newsstand , Nursery, plant Offices Office supply and office equipment store Optician Public buildings Radio and television studio, without transmission towers Repair and service establishments for light consumer goods, such as appliances and furniture 01/23/92 55 Research laboratories Restaurant Sign shops Trade schools Travel agency Truck, bus, and rail terminal facilities Warehousing Warehousing, residential storage (mini-warehousing) B. Conditional Uses Adult business, located no closer than five hundred feet from any other adult use, home, residential district, school, place of worship, public park or any youth-oriented establishment Amusement and recreational facilities Animal shelters Day care center Essential services (type ITI) Flour and feed mills Food processing plants Grain elevators Machine shops Retail establishments other than principle uses listed Tennis and racquet clubs Truck repair facilities Truck stop Truck service station Truck washing establishment Veterinary clinics Any use approved as part of a planned unit development subject to the provisions of Section 18.54 of this Ordinance Cc. Accessory Uses Personnel service facilities providing services, education, recreation, entertainment, food and convenience goods primarily for those personnel employed in the Principal Use Business signs Outside storage if accessory to a principle use and if screened from the street and surrounding properties by solid fence or dense plantings at least six feet high Trash receptacles Other buildings and structures typically accessory to permitted uses Temporary buildings and yards incidental to construction Any residential use which is clearly incidental to the operation of a permitted principle or conditional use, such as dormitories for the use of a scientific research center, caretaker and watchman, including residential use in connection with mini-warehousing for office/watchman purposes 01/23/92 56 18.34.030 LOT AREA AND WIDTH Lot area for the M-l district shall not be less than seven thou- sand five hundred square feet and no lot width shall be less than seventy-five feet and the lot area shall provide all required yard areas and off-street parking and loading. 18.34.040 LOT COVERAGE In the M-l district, the entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings. 18.34.050 YARDS Every lot in the M-1l district shall have the following minimum yards: Front yard 20 feet Rear yard none* Side yards none* *When a lot is adjacent to or across the street from another zone, the yard requirements shall be the same as the adjoining zone and buildings shall be screened with either a decorative fence or plantings. The provisions of A-S, R-S, PLI, and BP shall be interpreted as those of R-1. Also, rear or side yards adjacent to alleys shall be at least 15 feet. (NOTE: All yards shall be subject to the provisions of 18.50.060 Cc. when applicable) 18.34.060 BUILDING HEIGHT Maximum building height in the M-1 district shall be forty feet. 01/23/92 57 CHAPTER 18.36 M-2 MANUFACTURING AND INDUSTRIAL DISTRICT 18.36.010 INTENT The intent of the M-2 manufacturing and industrial district is to provide for heavy manufacturing and industrial uses, serving vocational and employment needs of Bozeman residents. 18.36.020 PERMITTED USES Permitted uses in the M-2 district are as follows: A. Principal Uses All principal uses permitted in the M-1 district, plus any manufacturing or industrial use is provided in this district if in compliance with all provisions of this Ordinance; however, no residential uses, auto wrecking yards, junk yards or garbage dumps shall be permitted except as Conditional Uses. Conditional Uses Automobile service station Adult businesses (if located no closer than five hundred feet from any other adult business, home, residential district boundary, school, church, public park or any youth-oriented establishment) Amusement and recreational facilities Animal shelters Automobile washing establishment, drive through Automobile washing establishment, self-service Day care center Essential services (type ITI) Garbage transfer station Junk salvage yards (if adequately screened) Production Manufacturing and generation facilities (electric and gas) Residences for owner or caretaker of junk salvage yards Retail establishments other than principal uses listed Solid waste landfill | Truck repair facilities Truck stop Truck service station Truck washing establishment Veterinary clinics Any use approved as part of a planned unit development subject to the provisions of Section 18.54 of this Ordinance 01/23/92 58 Cc. Accessory Uses All accessory uses permitted in the M-1 District shall also be permitted as accessory uses in the M-2 District. 18.36.030 LOT AREA AND WIDTH There shall be no minimum lot area in the M-2 district, however no lot width shall be less than 100 feet and the lot area shall provide all required yard areas and off-street parking and loading. 18.36.040 LOT COVERAGE In the M-2 district, the entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings. 18.36.050 YARDS Every lot in the M-2 district shall have the following minimum yards: Front yard 20 feet Rear yard none* Side yards none*, *When a lot is adjacent to or across the street from another zone, the yard requirements shall be the same as the adjoining zone and buildings shall be screened with either a decorative fence or plantings. The provisions of A-S, R-S, PLI, and BP shall be interpreted as those of R-1. Also, rear or side yards adjacent to alleys shall be at least 15 feet. (NOTE: All yards shall be subject to the provisions of 18.50.060 c. when applicable) 18.36.060 BUILDING HEIGHT The maximum building height in a M-2 district shall be 40 feet. 01/23/92 59 CHAPTER 18.38 BP BUSINESS PARK DISTRICT 18.38.010 INTENT The intent of the Business Park district is to provide for high- quality settings and facilities for the development of a wide range 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. 18.38.020 PERMITTED USES Permitted uses in the BP district are as follows: A. Principle Uses Administrative and research office facilities Essential services (type I) Laboratories, research and diagnostic Manufacturing, light, and completely indoors Pilot plants Professional and business offices Prototype development Medical clinics Hospitals Technology research establishments Temporary buildings, for and during construction only Conditional Uses Banks and financial institutions Trade schools Day care centers Essential services (type IT) Health and exercise establishments Any use approved as part of a planned unit development subject to the provisions of Chapter 18.54 of this Ordinance. Accessory Uses Fences , Signs, subject to Chapter 18. 65 Refuse containers Other buildings and structures typically accessory to permitted uses Temporary buildings and yards incidental to construction work Parking areas as required by Section 18.50.120 01/23/92 60 18.38.030 LOT AREA AND WIDTH Lot area for the BP district shall not be less than one acre, and no lot width shall be less than one hundred fifty feet. 18.38.040 LOT COVERAGE Not more than sixty percent of the total lot area shall be occupied by impervious surfaces in the BP district. The remaining forty percent of the total lot area shall be landscaped as defined in Section 18.50.100 18.38.050 YARDS Every lot in the BP district shall have the following minimum yards: Front yard 35 feet* Rear yard 25 feet* Side yard 25 feet* *All yards fronting on public or private streets shall be a minimum of thirty-five feet. Front, rear and side yard requirements shall be increased three feet for each additional 5,000 square feet over total gross floor area of 25,000 square feet, up to maximum requirement of 40 feet for rear and side yards and 50 feet for front yards. (NOTE: All yards shall be subject to the provisions of 18.50.060 C. when applicable) 18.38.060 BUILDING HEIGHT The maximum building height in the BP district shall be 32 feet. 01/23/92 61 CHAPTER 18.39 PLI PUBLIC LANDS AND INSTITUTIONS DISTRICT 18.39.010 INTENT 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. 18.39.015 APPLICABILITY To the maximum extent allowed by State law, all PLI development shall be subject to review and approval by the City Commission, based upon recommendations received from the Development Review Committee and Design Review Board, and shall 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. 18.39.020 PERMITTED USES Permitted uses in the PLI district are as follows: A. Principal Uses Ambulance service Cemeteries Essential services (type I) Museums, zoos, historic and cultural facilities and exhibits Other public buildings, i.e., fire and police stations and municipal buildings Public and non-profit, quasi-public institutions, i.e., universities, elementary, junior and senior high schools and hospitals Publicly owned land used for parks, playgrounds and open game B. Conditional Uses All principal and any accessory uses shall be subject to site plan review and any conditions required as part of site plan approval. Permitted conditional uses in the PLI district shall include day care centers, essential services (type II), and solid waste landfill facilities. Cc. Accessory Uses Other buildings and structures typically accessory to permitted uses. 01/23/92 62 18.39.030 LOT AREA AND WIDTH The lot area and width requirement of the PLI district is as follows: No requirement 18.39.040 LOT COVERAGE In the PLI district, the entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings. 18.39.050 YARDS In the PLI district, there is no yard requirement except when a lot is adjacent to another district. The yards then shall be the same as the adjacent district. (NOTE: All yards shall be subject to the provisions of 18.50.060 Cc. when applicable) 01/23/92 63 CHAPTER 18.40 HISTORIC MIXED USE DISTRICT 18.40.0100 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, provision 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 Master Plan, 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 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 Historic Mixed Use District will be very selectively used. 18.40.020 CRITERIA FOR ESTABLISHMENT OF THE HISTORIC MIXED USE DISTRICT Before any area is designated as a Historic Mixed Use District, the City Commission shall make affirmative findings that: A. The area to be classified as a Historic Mixed Use District includes the approximate equivalent of at least one standard city block (300’ x 300’), not held in single ownership unless developed over time while held in multiple ownership. B. 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 Master Plan and other applicable policies adopted by the City. Cc. At least 50 percent of the lots to be classified as an Historic Mixed Use District are already developed with structures. D. 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. E. None of the standard zoning districts are capable of or suitable for promoting the objectives of the Master Plan applicable to pre-existing non-conforming uses. 01/23/92 64 F. The uses to be permitted within the Historic Mixed Use District will be compatible with one another and will provide a functional and healthful environment. G. The uses to be permitted and the development standards to be applied in the proposed district will promote the objectives of the Master Plan and other applicable policies adopted by the City. 18.40.030 HISTORIC MIXED USE DISTRICT ELEMENTS Because the Historic Mixed Use 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 Historic Mixed Use 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 Historic Mixed Use District. Cc. A standards section setting forth general development standards governing parking, coverage, setbacks, height limitations, and other factors which are either different than or supplemental to the normal standards of the code. D. Exemption. When an area has been classified as a Historic Mixed Use District, the general building and development standards set forth in Chapter 18.50 of this code shall govern, but not to the extent the special development standards set forth under Section 18.40.030 C shall prevail. 18.40.040 INITIATION, PROCEDURES, AND NOTICE Application for Historic Mixed Use District designation shall be administered under the provisions established in Chapter 18.55, Text Amendment and Rezoning Changes. In addition, all HMUD applications shall be reviewed by the Design Review Board. 01/23/92 65 CHAPTER 18.41 R-MH SINGLE FAMILY MOBILE HOME DISTRICT 18.41.010 INTENT The intent of the R-MH Single-Family Mobile Home District is to provide for single-family mobile home and single-family dwelling developments and directly related complementary uses within the City of Bozeman at a medium density. The District is intended to be strictly residential in character with a minimum of disturbances due to traffic or overcrowding. 18.41.020 PERMITTED USES Permitted uses in the R-MH district are as follows: Principal Uses Single-family mobile homes Public parks Day care homes, family Day care homes, group Essential services (type I) Mobile home parks on sites of not less than ten acres, with a minimum of twenty-five lots Mobile home subdivisions on sites of not less than ten acres Conditional Uses Churches Day Care Centers Essential services (type IT) Public buildings Golf courses Temporary sales and office buildings Private recreational vehicle and boat storage areas for more than two vehicles Any use approved as part of a planned unit development sibject to the provisions of Section 18.54 of this Ordinance Accessory Uses Accessory buildings and uses customarily incidental thereto. No part of any mobile home park or subdivision shall be used for nonresidential purposes, except such uses that are required for direct servicing and the well-being of park residents and for management and maintenance of the park or subdivision. Nothing in this section shall be deemed as prohibiting the sale of a mobile home located on a mobile home stand and connected to the pertinent utilities. Fences 01/23/92 66 Greenhouses Home occupations Private garage Private or jointly owned community center recreational facilities, pools, tennis courts, spas, recreational vehicle and boat storage areas for less than three vehicles Tool sheds, for storage of domestic supplies Temporary buildings and yards incidental to construction wk Other buildings and structures customarily accessory to mile home development 18.41.030 LOT AREA AND WIDTH The minimum lot area for the R-MH district shall be 5,500 square feet where both community water and sanitary sewer is available. The minimum lot width shall be 55 feet. 18.41.040 YARDS Every lot shall have the following yards: Front yard 20 feet Rear yard 8 feet Side yard 8/20* feet Corner side yard 20 feet * No side yard shall be less than 8 feet; at least one side yard shall be 20 feet. (NOTE: All yards shall be subject to the provisions of 18.50.060 Cc. when applicable) 18.41.050 BUILDING HEIGHT Maximum building height shall be twenty-four feet. 18.41.060 ADDITIONAL BUILDING AND PERFORMANCE STANDARDS Development of any parcel of land within this district shall be subject to all applicable requirements of Chapter 18.50 of this Ordinance, including, but not limited to, fences, parking, signs, landscaping and home occupations. In addition, single-family mobile home development will. be subject to the following general requirements: A. Minimum Area for R-MH District The minimum total R-MH District shall be no less than five (5) acres unless the applicant can show that the minimum area requirements should be waived because the waiver would be in the public interest and that one or all of the following conditions exist: 01/23/92 67 Unusual physical features of the property itself or of the surrounding area such that development under the standard provisions of this Ordinance would not be appropriate in order to conserve a physical or terrain feature of importance to the neighborhood or community, or The property is adjacent to or across the street from property which has been developed under the provisions of this section and will contribute to the amenities of the area. Waiver of the five (5) acre minimum may be granted by the City Commission. B. Plumbing and Electrical Requirements All mobile home developments developed under this Chapter shall comply with Montana State Department of Health’s regulations No. 54-500 or any amendment thereto concerning plumbing and electrical requirements. Cc. Lot Improvements 1. 01/23/92 Utility Hook-Up Every mobile home shall be permanently connected to electric power, water supply, sewage disposal, gas and telephone service lines in compliance with applicable City of Bozeman codes, and all utility distribution and service lines shall be installed underground. Permanent Foundations and Anchoring All mobile homes shall be required to be physically connected to an approved permanent foundation. Minimum permanent foundation standards for mobile homes are availailable at the City Building Department. Building Permits issued through the City Building Deparmtnent are required for said foundations. Maintenance a. There shall ‘be no exposed outdoor storage of furniture (except lawn furniture), household goods, tools, equipment, or building materials or supplies. b. No mobile home may be parked on a public or private street for more than 24 hours. 68 c. An abandoned, burned, or wrecked mobile home must be secured against entry as directed by the fire chief and may not be kept on a lot for more than 45 days. d. Each mobile home must bear an insignia which attests that the construction of the mobile home meets regulations A119.1 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. e. Standard mobile home skirting must be provided around the entire perimeter of the mobile home between the bottom of the body of the mobile home and the ground, except where the running gear has been removed and the mobile home itself if attached directly to the permanent foundation. f. All required front yards of mobile home lots shall be fully landscaped. g- All private, commonly owned recreation areas not devoted to buildings, structures, surfaced courts, sand boxes, etc. shall be landscaped and irrigated. D. Permits and Inspections 1. 01/23/92 Move-in Permit Required All mobile homes moved into the zoning jurisdiction of the City of Bozeman must be issued a move-in permit, pursuant to this section, and be inspected by the Building Inspector, City of Bozeman 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. City Inspection Required The required inspections for mobile homes shall include on-site utilities requirements including gas, electric, sewer and water, setback requirements, and off-street parking requirements, fees for which have been established by the City Commission by resolution. It shall be 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 Building Inspector of the City of Bozeman. 69 01/23/92 Non-Mobile Home Improvements Subject to U.B.C. 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 mobile home unit, fees for which are set by the Uniform Building Code (Section 8-1) and Uniform Mechanical Code (Section 9-4). Owner’s Responsibility It shall be the responsibility of the individual property owners or, in the case of a rental park, the managers of rental parks to see than all sections of this article are complied with, including requirements relative to placement of mobile homes, and all required permits. 70 CHAPTER 18.42 NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT 18.42.010 INTENT AND PURPOSE All new construction, alterations to existing structures, movement of structures into or out of the Neighborhood Conservation Overlay District, hereinafter referred to as Conservation District, or demolition of structures by any means or process will be subject to review by the Design Review Board. The recommendations of the Design Review Board shall have substantial weight in the final action of any entity, board or commission involved in Conservation District development decisions. This chapter defines and sets forth standards which apply to Conservation Districts. 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 and further, shall have the right to appeal the decisions of the Design Review Board, the agency responsible for implementing the provisions of this chapter. 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, construction, development pattern and range of uses is highly diverse and frequently not in compliance with conventional regulatory requirements. This chapter recognizes that this diversity is a major contributing element of the historic character of these neighborhoods or areas. The provisions of this chapter shall be applied in a manner that will encourage the protection and enhancement of the many diverse features for future generations. The Conservation District boundary is largely coterminous with the area surveyed in the effort that led to the listing of eight districts and forty additional Landmark structures in the National Register of Historic Places and includes the eight designated districts and forty Landmarks. This chapter sets forth the means of protecting and enhancing the Conservation District. 01/23/92 71 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 Bozeman citizens. It will be the policy and responsibility of the administrative entities of this chapter to: A. Protect, preserve, enhance and regulate structures, archaeological sites and areas that are reminders of past eras, events or persons important in local, state or national history; or which provide significant examples of land planning or architectural styles or are landmarks in the history of land planning and architecture; or which are unique or irreplaceable assets to the City and its neighborhoods; or which provide examples of physical surroundings in which past generations lived; or which represent and express the unique characteristics of small agricultural based, western city developmental patterns; B. 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; c. Develop and maintain the appropriate environment for buildings, structures, sites and areas that reflect varied planning and architectural styles and distinguished phases of Bozeman’s history and prehistory; D. Stimulate an enhancement of human life by developing educational and cultural dimensions, which foster’ the knowledge of Bozeman’s heritage, and cultivate civic pride in the accomplishments of the past; E. 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; F. Provide the neighboring ‘community with notice and opportunity to comment upon the proposed property improvements, and to further provide the neighboring community with the right to appeal the decisions of the Design Review Board, the entity responsible for enforcing the provisions of this chapter. 18.42.020 DEFINITIONS Unless specifically defined below, words and phrases in this chapter shall be interpreted so as to give them the same meaning as 01/23/92 72 set forth in the principal definitions section (Chapter 18.04) of the zoning ordinance, or if not so defined, shall have the same meaning as they have in common usage and so as to give this chapter its most reasonable application. A. Alteration - Any act or process, except repair 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. Additionally, 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. Interior architectural alteration review shall apply only to structures, sites, and districts listed on the National Historic Register, however, changes upon interior elements of private residences shall be exempted from this requirement provided there is no visible element of such change from the buildings exterior. Architectural Appearance - 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 - A specific geographic division of the City of Bozeman. Certificate - A Certificate of Appropriateness issued by the Design Review Board indicating its approval of plans to alter a structure. Conservation District - An area designated as_ the "Neighborhood Conservation Overlay District" on the city Zoning Map pursuant to the procedures set forth herein. Construction - The act of adding to an existing structure or erecting a new principal or accessory structure. Demolition - Any act or process that destroys, in part or whole, a structure or archaeological site. Landmark - A site, structure or object designated as a "Landmark" pursuant to the procedures prescribed herein, 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. A Landmark shall be subject to all Conservation District procedures and requirements. 01/23/92 73 National Register - National Register of Historic Places. A list, maintained by the U.S. Department of Interior, of sites, properties, objects and districts having local, state or national historical, architectural or cultural significance. Preservation Board - The Bozeman Historic Preservation Advisory Board. Relocation - Any movement of a structure on the same site or to another site. Repair - Any change not otherwise construed as an alteration, as herein defined, 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 shall be included under this definition of repair. 18.42.030 DESIGN REVIEW BOARD POWERS AND DUTIES WITHIN CONSERVATION DISTRICTS It is intended that the Design Review Board will review development within Neighborhood Conservation Districts in order to maintain underlying and desirable characteristics of structures and areas within said Districts, while recognizing the need for innovation and individual expression in the development of these Districts. In carrying out this mission, the Design Review Board shall have the following powers and duties within Conservation Districts: A. The Design Review Board is empowered to implement Conservation District procedures and requirements and, within the Conservation Districts is empowered to: 1. Approve, conditionally approve, or deny property alterations and development projects requiring sketch plan or minor site plan review (as per Chapter 18.52) through the issuance or denial of Certificates of Appropriateness; or 2. Recommend the approval, conditional approval, or denial of a Certificate of Appropriateness to the body with final approval authority for the project in the case of major site plans, Conditional Use Permits, and Planned Unit Developments; To hold public meetings and review applications for property alterations; To develop and apply specific guidelines for the alteration of structures, sites, or areas; 01/23/92 74 D. To review all development proposals, applications for zoning amendments, or applications for moving, demolition or any other kind of permit that may affect properties within Conservation Districts. The Director of Planning and the Building Official shall refer all such matters to the Design Review Board for appropriate action; E. To call upon City staff or persons having technical expertise for advice; F. To testify before all boards, commissions and agencies on any matter affecting architecturally significant sites, structures, objects, areas, neighborhoods and districts; G. 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. 18.42.040 CONSERVATION DISTRICT DESIGNATION OR RECISION 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 Preservation Board if the property owner concurs subject to the provisions of Chapter 2.80 of the Bozeman Municipal Code, HISTORIC PRESERVATION ADVISORY COMMISSION and Chapter 18.55 TEXT AMENDMENT AND REZONING CHANGES. 18.42.050 CERTIFICATE OF APPROPRIATENESS A Certificate of Appropriateness, received from either the Design Review Board, Planning Board, or the City Commission, shall be required before any and all alteration(s) other than repair as defined herein, are undertaken upon any structure in the Conservation District. For alterations not requiring City Commission or Planning Board approval, compliance with the Design Review Board’s decisions will be mandatory subject to appeal to the city Commission as set forth in Chapter 18.58 of this Ordinance. Application procedures are as follows: A. No building, demolition, conditional use, or moving permit shall be issued within the Conservation District until a Certificate of Appropriateness has been issued by the Design Review Board or appropriate review authority, and until final action on the proposal has been taken. B. Application and review procedures for proposals located within the Conservation District are set forth in Chapter 18.51 DESIGN REVIEW BOARD AND DEVELOPMENT REVIEW COMMITTEE. Additionally, in order to accommodate limited "weekend" type 01/23/92 75 projects, a Certificate may be applied for and issued without posting the property, if the Administrative Officer and an architect on the DRB approve and sign the application. "Weekend" type projects may include such alterations as fencing, sidewalk and driveway construction, or removal of dilapidated, unsafe structures. A denial of a Certificate shall be accompanied by a written statement of reasons for the denial. Aggrieved persons, as defined in Chapter 18.58 of this ordinance, may appeal the decision of the Design Review Board pursuant to the provisions of said Chapter. In such event, the issuance of a Certificate shall be stayed until the appeal process has been satisfied. 18.42.060 STANDARDS FOR CERTIFICATES OF APPROPRIATENESS A. In considering an application for a Certificate, the Design Review Board shall be guided by the " Secretary of Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised 1983)", published by U.S. Department of the Interior, National Park Service, Preservation Assistance Division, Washington, D.C., (available for review at the Bozeman City-County Planning Office). 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 shall focus upon the following: 1. Height 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 Non-period and innovative design of new structures and additions to existing structures shall be encouraged when such new construction or additions do not destroy significant historical, cultural or architectural structures or their 01/23/92 76 components and when such design is compatible with the foregoing elements of the structure = and surrounding structures. 18.42.070 APPLICATION REQUIREMENTS FOR CERTIFICATES OF APPROPRIATENESS IN CONSERVATION DISTRICTS Applications for Certificates of Appropriateness shall be made in conjunction with applications for Major or Minor Site Plan Approval, in accordance with Chapter 18.52 of this ordinance. Where development projects in the Conservation District do not require Site Plan Review as per Chapter 18.52 of this ordinance(i.e. single-family and two-family residential structures; signs; fences; property alterations; and certain amendments to site Plans), applications for Certificates of Appropriateness shall be made on a form provided by the City-County Planning Office, and shall include the information and material as set forth in Chapter 18.52 of this Ordinance. 18.42.080 DEVIATIONS FROM UNDERLYING ZONING REQUIREMENTS Because the development of much of historic Bozeman preceded zoning and construction regulations, many buildings within the Conservation District do not conform to contemporary zoning standards. In order to encourage restoration and rehabilitation activity that would contribute to the overall historic character of the community, deviations from underlying zoning requirements may be granted by the City Commission after considering the recommendations of the Design Review Board. The criteria for granting deviations from the underlying zoning requirements are: 1. Modifications shall be consistent with the intent and purpose of this chapter, the zoning ordinance, and any adopted Master Plan. 2. Modifications will have minimal adverse effect on abutting properties or the permitted uses thereof. 3. Modifications shall 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. A time period within which alterations will be completed; b. Landscaping and maintenance thereof; c. Surfacing and marking of off-street parking and loading areas; 01/23/92 77 d. Any other conditions in conformity with the intent and purpose set forth in this chapter. 18.42.090 (RESERVED) 18.42.100 APPEALS All decisions of the Design Review Board may be appealed to the City Commission pursuant to the provisions of Chapter 18.58, Plan Appeals Procedure. 01/23/92 78 CHAPTER 18.43 BOZEMAN AREA ENTRYWAY CORRIDOR OVERLAY DISTRICT 18.43.010 TITLE These regulations shall be known as the Bozeman Area Entryway Corridor Overlay District Regulations and may be cited as the Entryway Corridor Regulations. 18.43.020 INTENT AND PURPOSE There are several arterial corridors entering the Bozeman area that introduce visitors and residents alike to Bozeman and the Gallatin Valley. The visual attributes of these roadways provide a lasting impression of the character of the Bozeman area. It is the intent and purpose of this Chapter to ensure the quality of development along these corridors will enhance the impression and enjoyment of the community, both by guiding development and change that occurs after the adoption of this Ordinance and by stimulating and assisting, in conjunction with other provisions of this Ordinance, improvements in signage, landscaping, access and other contributing elements of entry corridor appearance and function. It is the intent of this Chapter to 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 within the entry corridors. It is further the intent of this Chapter to provide the neighboring community with notice and opportunity to comment upon the proposed property improvements, and to further provide the neighboring community with the right to appeal the decisions of the Design Review Board, the agency responsible for implementing the provisions of this chapter. The recommendations of the Design Review Board shall have substantial weight in the final action of any agency, board or commission involved in Entryway Corridor development decisions. 18.43.030 APPLICATION OF ENTRYWAY CORRIDOR PROVISIONS Entryway Corridor provisions’ shall apply to all Entryway Corridor Areas as designated on the adopted Bozeman Area Master Plan. Specifically, these provisions shall be applied to all developments within such corridors as follows: Class I: All development wholly or partially within six hundred sixty (660) feet of the centerline of the following roadways: oO Interstate 90, within the Bozeman Zoning jurisdictional boundary, measured from the centerline of the outside 01/23/92 79 oO ° ° Class II: one (1) lanes of the opposing roadways and from the centerline of the access ramps. Interstate 90 frontage roads within the Bozeman Zoning jurisdictional boundary, whether or not they be designated "Frontage Roads". U.S. 10, from the I-90/North Seventh Avenue Interchange west to the Bozeman Zoning jurisdictional boundary. U.S. 191, west from Ferguson Road to the Bozeman Zoning jurisdictional boundary. All development wholly or partially within the lesser of city block or three hundred thirty (330) feet of the centerline of the following roadways: ° ° Seventh Avenue, south from the I-90 Interchange to Main. Nineteenth Avenue, south from the I-90 corridor to the Bozeman Zoning jurisdictional boundary. Main Street, east from Broadway to Interstate 90. Main Street, west from Seventh Avenue to Ferguson Road. Rouse Avenue and State Primary 86 (Bridger Canyon Road) from Tamarack north and east to the Bozeman Zoning jurisdictional boundary. The provisions of this Chapter shall be applied in addition to any other applicable regulations of this Zoning Ordinance. 18.43.040 DESIGN REVIEW BOARD POWERS AND DUTIES WITHIN ENTRYWAY CORRIDORS The Design Review Board shall have the following powers and duties within Entryway Corridors: A. The Design Review Board is empowered to implement Entryway Corridor procedures and requirements and, within the Entryway Corridors is empowered to: 1. 01/23/92 Approve, conditionally approve, or deny property alterations requiring .sketch plan or minor site plan review as defined in Chapter 18.52 through the issuance or denial of Certificates of Appropriateness; or Recommend the approval, conditional approval, or denial of a Certificate of Appropriateness to the body with final approval authority for the project in the case of 80 major site plans, Conditional Use Permits, and Planned Unit Developments. B. To hold public meetings and review applications for property alterations within Entryway Corridors and issue or deny Certificates of Appropriateness for such actions. Cc. To develop and apply specific requirements and general design guidelines for the development or alteration of structures or property within the Entryway Corridors; D. To review all development proposals, applications for zoning amendments, or applications for moving, demolition or any other kind of permit that may affect properties located within Entryway Corridors. The Director of Planning and the Building Official shall refer all such matters to the Design Review Board for appropriate action; E. To call upon City staff or persons having technical expertise for advice; F. To testify before all boards, commissions and agencies on any matter affecting Entryway Corridors; 18.43.050 CERTIFICATE OF APPROPRIATENESS A Certificate of Appropriateness, received from either the Design Review Board, Planning Board, or the City Commission, shall be required before any and all alteration(s) other than repair as defined in Chapter 18.42, are undertaken upon any structure in the Entryway Corridor. For alterations not requiring City Commission or Planning Board approval, compliance with the Design Review Board’s decisions will be mandatory subject to appeal to the City Commission as set forth in Chapter 18.58 of this Ordinance. Application procedures are as follows: A. No building, demolition, sign, conditional use, or moving permit shall be issued within an Entryway Corridor until a Certificate of Appropriateness has been issued by the Design Review Board or the appropriate review authority, and until final action on the proposal has been taken. B. Application and review procedures for proposals located within Entryway Corridors are set forth in Chapter 18.51 DESIGN REVIEW BOARD AND DEVELOPMENT REVIEW COMMITTEE. Additionally, in order to accommodate limited, "weekend" type projects, a Certificate may be applied for and issued without posting the property, if the Administrative Officer and an architect on the DRB approve and sign the application. "Weekend" type projects may include such alterations as fencing, sidewalk and driveway construction, or removal of dilapidated, unsafe structures. 01/23/92 81 Cc. D. A denial of a certificate shall be accompanied by a written statement of reasons for the denial. Aggrieved persons, as defined in Chapter 18.58 of this ordinance, may appeal the decision of the Design Review Board pursuant to the provisions of said Chapter. In such event, the issuance of a Certificate shall be stayed until the appeal process has been satisfied. 18.43.060 DESIGN CRITERIA AND DEVELOPMENT STANDARDS IN ENTRYWAY CORRIDORS The following general design criteria and development standards shall apply to all development occurring within the area described in Section 18.43.030, above. A. General Standards 1. The development shall provide for adequate open space, circulation, off-street parking, and pertinent amenities. Buildings, structures and facilities in the parcel shall be integrated, oriented and related to the topographic and natural landscape features of the Bozeman Area. 2. The proposed development shall be compatible with existing and planned land use, and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to adjacent or nearby properties or to the environmental character of the Bozeman Area. 3. The proposed development shall also comply with all applicable design standards, including any which are identified in adopted Design Objective Plans for the area. Access Standards Initial access provision to properties fronting on any Class I entryway corridor roadway shall be designed so access points on said roadway are spaced no more closely than every 660 feet. Initial access provision to properties fronting on any Class II entryway corridor roadway shall be designed so access points on said roadway are spaced no more closely than every 330 feet or one city block. Revised access schemes to previously developed or subdivided property shall consolidate access points on entryway roadways whenever possible and shall add no additional points of access to said roadways unless such addition can be demonstrated to improve the operation of the entryway roadway. It shall be the obligation of the applicant to determine an acceptable 01/23/92 82 method of access to his/her property including securing access easements from adjacent properties, if necessary. When addressing pre-existing development in fully built-up areas, these access standard provisions shall be interpreted in a practical manner allowing for continuing reasonable access to properties along Entryway Corridors. Cc. Parking Standards 1. Parking Setback Parking facilities shall comply with the applicable requirements of this Ordinance except that no parking area shall be located closer than 50 feet to any Class I entryway corridor roadway right-of-way or 25 feet to any Class II entryway corridor roadway right-of-way. Parking Landscaping Unless specific screening or buffering techniques are required, all parking areas shall be landscaped to appear from any entryway roadway as an extension of the natural Gallatin Valley landscape. This will be accomplished through the use of berms, depressed parking, natural landscape materials surrounding and’ within the parking areas, or other means to accomplish the desired effect of preserving the area’s natural views. D. Building Standards 1. Setbacks Buildings in any entryway corridor shall be set back from an entryway roadway right-of-way as follows: Class I: 50 feet Class II: 25 feet 2. Design Building design and materials shall be compatible with, and complement the views offered as a backdrop to the building, as seen from the entryway roadway. E. Landscaping and Open Space Standards 1. Open Space 01/23/92 All developments shall preserve a landscaped open space area between any entryway roadway right-of-way and parking area or building as follows: 83 Class I: 50 feet Class II: 25 feet 2. Landscaping All developments within an entryway corridor shall be subject to the landscaping requirements of this Ordinance. F. Signage Standards All signage shall meet the requirements of Chapter 18.65 of this Ordinance. However, in the case of Planned Unit Developments (PUDs) and negotiated redevelopments of property in conjunction with Design Objective Plans, deviations from the specific requirements of the overlay or underlying zoning district and applicable supplemental regulations may be granted as set forth in 18.43.080. 18.43.070 APPLICATION REQUIREMENTS FOR CERTIFICATES OF APPROPRIATENESS IN ENTRYWAY CORRIDORS Applications for Certificates of Appropriateness shall be made in conjunction with applications for Major or Minor Site Plan Approval, in accordance with Chapter 18.52 of this ordinance. Where development projects in the Entryway Corridor do not require Site Plan Review as per Chapter 18.52 of this ordinance (i.e. single-family and two-family residential structures; signs; fences; property alterations; and certain amendments to site Plans), applications for Certificates of Appropriateness shall be made in conjunction with an application for sketch plan review on a form provided by the City-County Planning Office, and shall include the information and material as set forth in Chapter 18.52 of this Ordinance. 18.43.080 DEVIATION FROM OVERLAY OR UNDERLYING ZONING REQUTREMENTS To accomplish the intent and purpose of this Chapter it may be necessary to deviate from the strict application of the overlay or underlying zoning requirements. An application for such deviation shall be processed through the Design Review Board. The application for deviation shall be subject to the submittal and procedural requirements of Chapter 18.52 Site Plan Approval, and shall be accompanied by written and graphic material sufficient to illustrate the conditions that the modified standards will produce, so as to enable the City Commission 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 this chapter. Upon such a finding, the City Commission may authorize deviations of up to 20% beyond or below minimum or maximum standards, 01/23/92 84 respectively, as established in the underlying zoning district regulations. 18.43.090 APPEALS All decisions of the Design Review Board may be appealed to the City Commission pursuant to the provisions of Chapter 18.58, Plan Appeals Procedure. 01/23/92 85 CHAPTER 18.44 FLOOD HAZARD DISTRICT [NEED TO REPLACE WITH UPDATED STATE MODEL] 01/23/92 86 CHAPTER 18.50 GENERAL BUILDING AND DEVELOPMENT STANDARDS 18.50.010 PURPOSE The purpose of this Chapter of the Zoning Ordinance is to establish general development standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the peace, health, safety and general welfare of the residents living within the zoning jurisdiction of the City of Bozeman. These standards are also intended to be used as guidelines for evaluating and assessing the quality and design of proposed planned unit developments. The particulars of any planned unit development will be evaluated against their respective standards contained in this Chapter. It is expected that the quality and design of the planned unit development, while not necessarily complying with the exact standards of this Chapter, will meet or exceed the intent behind these standards. 18.50.020 STANDARDS FOR SPECIFIC USES A. Purpose: The purpose of this section is to further describe the standards and conditions under which certain uses may he permitted as principal or conditional uses in specific districts. B. Applicability: All uses listed in this section shall be subject to the specific standards described for each use, in addition to all other applicable standards which may apply. Cc. Specific Uses And Standards 1. Automobile Service Station In addition to the requirements to be followed for all convenience uses .as defined in this Ordinance and provided in Section 18.50.020.C.8 of this Ordinance, the following requirements shall apply to all service station and automobile uses as listed below. Compliance with all criteria listed below does not necessarily guarantee approval by the City. a. At least one frontage is to be on a major arterial street as designated in the Bozeman Master Plan. 01/23/92 104 01/23/92 Gas pump and pump island canopies are to be located not closer than 10 feet to any side or rear property line. Design of the canopy shall architecturally match the design of the main building. All canopies shall be connected to the roof of the main structure unless otherwise approved. All canopy lighting must project downward, not upward or outward from the structure and must be low pressure sodium. The maximum height of the canopy shall not exceed 18 feet. All signs must conform to the Sign Code of the Bozeman Zoning Ordinance, Chapter 18.65. All on-site activities except those normally performed at the fuel pumps are to be performed within a completely enclosed building. Paint- spraying or body and fender work is not permitted. Where towing service is to be provided, a parking bay for the towing vehicle is to be provided and screened. Said vehicle shall be screened on three sides with a minimum 6 foot opaque wall which architecturally matches the main building. Vehicles that are either under repair or vehicles that have been repaired may be stored on a temporary basis, not to exceed 7 days and designated parking bays must be provided for each vehicle awaiting repairs. All outdoor lighting shall be so arranged as to be directed on the premises and reflect away from any residential property. In addition, all lighting shall be attached to the main structure unless otherwise specifically approved. All structures approved under this conditional use permit shall be of a design character that is appropriate to the area in which they are to be constructed. Renderings of buildings shall accompany each application and construction shall be in conformity thereto. Architectural detailing shall be consistent on all four sides of the building. All rest room 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. No outside storage of, and no sale, lease or rental of trailers, trucks or similar equipment shall be 105 01/23/92 permitted except as may be specifically allowed in that zone. i. Parking space for two vehicles per each service stall in the station, but no less than four spaces, shall be provided. Pump islands shall not be considered as service bays. Standing areas at pump islands and interior circulation areas shall not be used as parking areas in calculating required parking spaces. Automobile Washing Establishment, Automatic In addition to the requirements to be followed for all convenience uses, the following requirements shall apply to all automatic auto washing establishments as listed below. Compliance with all the criteria listed below does not necessarily guarantee approval by the City. a. All detergents must be biodegradable. b. Any lights used to illuminate the area shall be directed away from adjacent residential properties. c. Building surfaces shall be faced with masonry, brick, stucco, wood or some other permanent-looking material. Corrugated metal is prohibited. Automobile Washing Establishment, Self Serve In addition to the requirements to be followed for all conveniences uses, the following requirements shall apply to all self serve automobile washing establishments, as listed below. Compliance with all the criteria listed below does not necessarily guarantee approval by the city. a. All detergents must be biodegradable. b. Trash and litter containers shall be emptied daily. In addition, the site shall be patrolled at least once daily in.order to remove litter. c. Sale of automobile accessories such as batteries, tires, gasoline, etc. is prohibited. d. Building surfaces shall be faced with masonry, brick, stucco, wood or some other permanent-looking material. Corrugated metal is prohibited. 106 e. Any lights used to illuminate the area shall be directed away from adjacent residential properties. f. Canopies are to be located not closer than 10 feet to any side or rear property line. Design of the canopy shall architecturally match the design of the main building. All canopy lighting shall project downward, not upward or outward from the structure. The maximum height of the canopy shall not exceed 18 feet. All signs must conform to the Sign Code of the Bozeman Zoning Ordinance, Chapter 18.65. 4. Automotive Repair Facilities a. All repairs shall be performed within a building. b. No site plan shall be approved which exposes unassembled vehicles, auto repair activities or auto parts to any street or residential district. c. All vehicles awaiting repair shall be screened from view by a masonry or wood wall or approved landscape screen. 5. Cemeteries a. Total site area, including business office and storage building, shall be a minimum of 40 acres, of which at least 10 acres shall be subdivided and developed in the initial plot. b. The cemetery may include accessory uses such as a chapel, a mortuary, an office, a 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 herein. 6. Convenience Uses and Drive-Through/Drive-In Restaurants a. Location and Size (1) Convenience uses may be located only at intersections of arterial streets as designated in the Bozeman Master Plan. 01/23/92 107 01/23/92 b. Cc. (2) The site area for any convenience use shall be a minimum of two acres, unless such convenience use is planned, designated and approved by the City to be developed in conjunction with an approved site plan for one or more additional uses and buildings. Architectural Guidelines: (1) All convenience uses shall be designed in an architectural and design character that is appropriate for and compatible with the area. (2) Use of standardized corporate identification themes integrated into the architectural design shall be regulated by the Planning Board. 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 shall 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, driveways, setbacks and signage shall be integrated with the entire design theme of the project. (4) The elevation design of the building shall provide design character and detailing on all four sides. Noise: (1) Noise from drive-through speakers shall not be audible from adjacent, residential districts. Mini-Warehouses a. b. Minimum site size shall be one acre. On-site circulation, drives and parking: (1) Each mini-warehouse site shall provide a minimum of two exits. (2) All one-way driveways shall provide for one 10-foot parking lane and one 12-foot travel 108 10. 01/23/92 lane. Traffic direction and parking shall be designated by signing or painting. (3) All two-way driveways shall provide for one 10-foot parking lane and two 10-foot travel lanes. (4) The parking lanes may be eliminated when the driveway does not serve storage cubicles. Outdoor Sales and Display a. The maximum area for outdoor sales and display shall not exceed fifty per cent of the total lot area. b. All areas designated for vehicle storage shall be screened from view from the street and adjacent properties as per Section 18.50.035 c of this Ordinance. Vehicle storage areas shall not be subject to the parking lot landscape requirements. Recreational Vehicle Park and Overnight Campqround a. Recreational vehicle parks shall be screened from view of any residential development. b. Internal circulation roads shall be paved with a concrete or asphaltic concrete surface. c. Individual recreational vehicle parking pads shall be plainly marked and maintained with a dust-free surface. d. Individual recreational vehicle parking pads shall be set back at least 30 feet from the perimeter of the park and 30 feet from any public street right- of-way. e. Approved trash disposal and bathroom and laundry facilities, including facilities for the handicapped shall be provided for use of overnight campers. ; Stable, Commercial a. The minimum property size shall be ten (10) acres. b. The proposed site shall not be adjacent to subdivided Single-Family Residential property unless that residential property contains an equestrian easement along the contiguous boundary. 109 01/23/92 Structures or facilities used for stabling, storing, showing or training of animals shall be set back a minimum of one hundred (100) feet from any adjacent privately-owned property. Dwelling units, accessory structures incidental to dwelling units, and irrigated pasturage may occur within the one hundred (100) foot setback area subject to the setback requirements of the applicable zoning district. There shall be a 40 foot yard adjacent to any street. There shall be no shows or other activities which would generate more traffic than is normal to a residential area, unless the proposed site has direct access from an arterial street as set forth in the Bozeman Master Plan. Permission for such shows and activities shall be obtained from the City. Notification shall 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 shall be submitted to the City Clerk at least one month prior to the date of the show or activity. ' All pasture and animal storage areas shall be enclosed with fences or walls of a minimum of 4/6" in height. The design of these enclosures shall be shown on drawings submitted with the conditional use application. All laws applicable to the public health and appropriate care of animals must he complied with for the entire period of operation of the stable. All activity, and pasture areas that are not grassed shall be treated for dust control as approved by the Planning Director. Adequate parking for daily activities shall be shown on the. site plan and improved to City of Bozeman parking standards. Additional parking, improved as determined by the Planning Director, shall be provided for shows or other special events. 110 11. Tennis and Racquet Club a. 01/23/92 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. The minimum property size shall be 3 acres. If outdoor courts are lighted, lighting shall be placed and shielded so as not to be detrimental to adjoining properties, shall shine down on the courts and not up or out. Fencing of outdoor courts shall not exceed 16 feet in height and may be required to be opaque by the DRB. There shall be no shows, tournaments or other activity which would generate more traffic than is normal to a residential area, unless access is provided from an arterial street as set forth in the Bozeman Area Master Plan. If access is not provided from an arterial street, permission for such shows and activities shall be obtained from the City Commission. Permission shall be requested in a letter with a site sketch that explains the nature and duration of the activity and accommodations for spectators, additional parking and traffic control. This letter shall be submitted to the City Clerk for City Commission consideration. There shall be a landscaped 50 foot buffer strip adjacent to any residential zoning district - or as otherwise determined by the DRB. Hours of operation may be controlled by the City Commission. Perimeter fencing of the site may be required by the DRB. 111 18.50.030 USE OF LANDS, BUILDINGS AND STRUCTURES A. Only Uses Specifically Identified by This Ordinance to Be Built No building or structure or part thereof shall be erected, altered, or enlarged for a use, nor shall 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 Permitted 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 use in such zone shall first receive approval from the Planning Board or City Commission. Building Location on Lot No building, or part thereof, or structure shall be erected, nor shall any existing building be altered, enlarged, or rebuilt or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard and setback regulations designed for the zone in which such building or open space is located, except as otherwise specified in this Ordinance. Recreational Vehicle Parking on Residential Lot No person shall 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 mobile home park or mobile home subdivision except that (1) the parking of only one unoccupied recreational vehicle in any accessory private garage, or in a rear yard in any district is permitted, providing no living quarters shall be maintained or any business practiced in said recreational vehicle while such recreational vehicle is so parked or stored; and except that (2) in the event of hardship, temporary use permits may be granted for occupying such recreational vehicle or mobile home. Water and Sanitary Sewer System Requirements ale J Whenever any building lots and/or building sites are created inside the City limits, except for those lying within A-S or R-S zoning districts and prior to the issuance of any building permits on said lots or sites, central water distribution and central sanitary sewer collection systems, public or private, shall be provided to the site. Each building site must utilize and be connected to both the central water distribution and 01/23/92 112 central sanitary sewer collection systems, public or private. 2. These improvements shall be designed, constructed and installed according to the standards and criteria as adopted by the City and approved by both the City Engineer and Water Superintendent prior to the issuance of any building permits. 18.50.035 MISCELLANEOUS REQUIREMENTS A. Glare and Lighting js. Deflection Any lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged so as to deflect light down and/or away from any adjoining residential district and shall not detract from driver visibility on adjacent streets. In addition, all lighting (except for security purposes) shall be turned off between 11 p.m. and 6 a.m. Exceptions will be granted to those businesses which are operating during these hours. 2. Light Standards Lighting standards used to illuminate off-street parking areas shall not exceed 20 feet or the height of the tallest building on the lot, whichever is lower. Surface-Water Ponding Natural ponding areas shall be retained as much as possible or, if necessary, enlarged or modified as directed by the Director of Public Service to restrict the off-site runoff, subject to City or County Subdivision requirements for storm water runoff control and the City’s stormwater drainage requirements. Storage; Exterior Displays All materials, supplies, merchandise or other similar matter not on display for direct sale, rental or lease to the ultimate consumer or user shall be stored within the confines of a 100 percent opaque wall or fence not less than six (6) feet tall. Merchandise which is offered for sale as described may be displayed beyond the confines of a building in any Commercial District, but the area occupied by such outdoor display shall not constitute a greater number of square feet than 10 percent of the ground floor area of the 01/23/92 113 building housing the principal use, unless such merchandise is a type customarily displayed outdoors such as automobiles and garden supplies. No storage of any type shall be permitted within any required yard. D. Trash and Garbage Incineration; Enclosures 1. 01/23/92 Incineration No exterior incineration of trash or garbage is permissible. Trash Enclosures A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than single family dwellings, duplexes, or individually owned townhouse or condominium units, in every zoning district, except where a property is entirely surrounded by screen walls or buildings. Trash enclosures shall be constructed so that contents are not visible from a height of five feet above grade from any abutting street or property. Trash enclosures shall comply with the following regulations: a. Location. Trash enclosures, surrounding standard steel bins (dumpsters), shall be located on the site for convenient pick-up service, and the location shall be shown on required site plans. Trash enclosures shall not be located in required front yards, and shall be situated so that containers can be pulled straight out of the enclosure or so the sanitation truck can back straight into it. The location of all trash enclosures shall be subject to review and approval by the City Streets and Sanitation Department. b. Construction. Trash enclosures shall be constructed of solid or ornamental pierced masonry walls or other appropriate materials, with a solid concrete floor sloped for drainage and maintenance of sanitary conditions. Enclosures shall be architecturally compatible with the principle structure. Enclosures shall be of sufficient height to conceal contents, including containers, but in no case shall be less than four feet in height above grade. 114 Smoke, Dust and Other Particulate Matter The emission of smoke, from any point source shall not exceed a density greater than that described in Number 2 ring of the Ringelmann Chart as published by the U.S. Bureau of Mines. Dirt, dust, fly ash and other forms of particulate matter shall not be emitted beyond the property lines of the use creating the particulate matter. Bulk Storage (Liquid) All uses associated with bulk storage of all gasoline, liquid fertilizer, chemicals, flammable and similar liquids shall comply with Uniform Building and Fire Code requirements and County regulations. Water Quality, Hazardous Wastes and Wastewater Discharge of hazardous waste, chemicals and wastewater will be subject to Montana Department of Health and Environmental Science standards. But in no case shall any hazardous waste chemicals or wastewater be discharged into any perennial stream within the City of Bozeman or its zoning jurisdiction. Odors and Toxic Gases The emission of odors shall be controlled such that objectionable or offensive odors are not perceptible beyond a distance of 50 feet past the property lines of the use creating the odors. No toxic, noxious, or corrosive fumes or gases shall be emitted beyond the property lines of the use creating such fumes or gases. Noise 1. Measured Noise Levels The maximum noise level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work), measured at the site property line, shall not exceed the values shown in the following tables: Octave Band Range in Sound Pressure Level in Cycles per Second Decibels rep. 002 dyne/cm’ Below 75 72 75-150 67 151-300 59 301-600 52 01/23/92 115 601~1200 46 1201-2400 40 2401-4800 34 Above 4800 32 2. Discontinuous Noises If the noise is not smooth and continuous, and is not radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more corrections shall be applied to the above octave-band levels as follows: Type of Location of Operation Correction in Decibels or Character of Noise Daytime operation only +5 Noise source operating less than: a. 20% of any one hour period +5 b. 5% of any one hour period +10 (only one of these corrections may be applied Noise of impulsive character, i.e. -5 hammering Noise of periodic character, i.e. =-5 humming or screeching 3. Method of Measurement Sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association at established in Pamphlets Nos. 224.3 and 224.10 published in 1944 and 1953, respectively, which standards are herein adopted by reference as a part of this Section. Vibrations No ground vibrations, except for those only perceptible with the use of instruments, shall be permitted beyond the property lines of the use generating the ground vibrations. Electrical Disturbance No activity shall be permitted which causes electrical disturbances affecting the operation of any equipment located beyond the property line of said activity. 01/23/92 116 Glare and Heat Any use producing intense glare or heat shall be conducted so that the glare is effectively screened from view at any point on the lot line of the lot in which the use is located. Any heat will be dissipated so that it is not perceptible without instruments at any point on the lot line of the lot on which the use is located. Fire and Explosive Hazards Any use or activity involving the use or storage of combustible, flammable or explosive materials shall be in compliance with the Uniform Fire Code as adopted by the City of Bozeman. Burning of waste materials in open fires is prohibited. Liquid or Solid Waste No materials, compounds or chemicals, which can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause emissions of elements which are offensive or hazardous to the public health, safety, welfare or comfort shall be discharged at any point into any public sewer, private sewage disposal system or stream or into the ground, except in accordance with the Code of the city of Bozeman and the standards approved by the Montana State Department of Health and Environmental Science or such governmental agency as may have jurisdiction over such activities. Fissionable, Radioactivity or Electromagnetic Disturbance No activities shall be permitted which utilize fissionable or radioactive materials if, at any time, their use results in the release or emission of any fissionable or radioactive material into the atmosphere, ground or sewerage system. No activities or devices shall be permitted which at any time emit radio-frequency energy affecting any activity or the operation of any equipment beyond the site property line. Radio-frequency energy shall be considered as being electro- magnetic energy at any frequency in the radio spectrum between ten kilo-cycles and three million mega-cycles. Swimming Pools - Location and Enclosures No public or private swimming pool in any district shall be located in any required front yard; however, if not more than six feet in height, such use may be located in any required side or rear yard. In addition, all swimming pools shall be enclosed in an area with a fence or wall not less than forty- two inches in height, and no opening therein, other than doors 01/23/92 117 or gates, larger than four inches in any direction. A structure of any type may be used as part of such enclosure. All gates and doors securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure for private residential pools need not be so equipped. The Building Official may make modifications in individual cases, upon a showing of good cause, with respect to the height, nature or location of the fence, wall, gates or latches, or the necessity thereof, provided the protection as sought hereunder is not reduced thereby. Bicycle Lanes Required Wherever new streets or roads are to be developed as a result of a development proposal, or wherever existing streets or roads are required to be improved, and upon a recommendation from the Bozeman Area Bicycle Advisory Board (BABAB), the developer may be required to incorporate striped bicycle lanes along the shoulder meeting current AASHTO standards into the design and construction or improvement of said streets or roads. Bicycle Racks Required All development subject to Minor or Major Site Plan Review as per Chapter 18.52 of this Ordinance shall provide adequate bicycle parking facilities to accommodate bicycle-riding residents and/or employees and customers of the proposed development. Bicycle parking facilities will be in conformance with standards recommended by the Bozeman Area Bicycle Advisory Board. 18.50.0400 DWELLING UNIT RESTRICTIONS A. No Use of Unfinished Structures No cellar, garage, tent, tepee, basement with unfinished structure above, or accessory building vehicle, or any mobile home or recreational vehicle outside of an approved mobile home or recreational vehicle development shall at any time be used as a dwelling unit, unless approved for use as a temporary dwelling unit due to a demonstrated hardship. Use of Basements The basement portion of a finished home shall be properly damp-proofed and have natural lighting, heating, ventilation, suitable fire protection and exits if used for living purposes. 01/23/92 118 18.50.050 ACCESSORY BUILDINGS, USES AND EQUIPMENT A. Accessory Buildings as Principal Building An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered passage-way. Accessory Buildings Not Permitted In Front Yards Accessory buildings, uses, or equipment shall not be stored or constructed between the front lot line and required front building line. Height of Accessory Buildings Accessory buildings and garages in residential districts shall not exceed the height of the principal structure and shall not be located within a utility easement. Accessory Buildings in Rear Accessory buildings in any business or industrial district may be located only to the rear of the front line of the principal building. Accessory Building Height No accessory building in any residential, business or industrial district shall exceed the height of the principal building unless such accessory building has been otherwise approved as per this Ordinance. Detached Structures Setback Requirements 1. A detached structure such as a garage shall meet the setback requirements of the main building, except that garages may be located ten (10) feet from rear property lines in districts where rear yard setback requirements exceed ten (10) feet for principal structures. 2. Detached accessory structures such as storage sheds not larger than 120 square feet in area, playhouses, garbage enclosures, etc. shall not be located in any required front or side yard, but may be located one (1) foot from property lines in required rear yards. These limitations shall not apply to such features as lawn ornaments, bird feeders, utility service boxes, or mailboxes. 3. A detached structure wall shall maintain a minimum of six (6) feet separation from the main structure wall. 01/23/92 119 G. Percentage of Yard Coverage Accessory structures may occupy not more than 25% of any required rear yard. 18.50.060 YARD AND HEIGHT ENCROACHMENTS, LIMITATIONS AND A. EXCEPTIONS Permitted Encroachments Into Yards The following shall be permitted encroachments into required yards, subject to any and all applicable Uniform Building Code requirements: 1. architectural features such as chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, eaves, gutters, awnings, and steps, provided such architectural features do not extend more than five (5) feet into any required yard; 2. terraces and patios, uncovered decks and stoops, or similar features, provided that such features shall not extend above the height of the ground floor level of the principal structure nor more than five (5) feet into any required yard; 3. porches, covered terraces, and covered decks, provided such features shall not occoupy more than one-third of the length of the building wall and shall not extend more than five (5) feet into any required yard; 4. fire escapes may be permitted in required side or rear yards only; 5. wheelchair ramps may encroach into any required yard, but shall not be located closer than three (3) feet from any property line; and 6. flag poles, ornamental features, trees, shrubs, walkways, nameplate signs, and floodlights or other sources of illumination provided the direct source of light is not visible from the public right-of-way or adjacent residential property. Zero Lot Line Conditions Where an individual owns two adjoining lots or where the owners of two adjoining lots make legal written agreement a zero lot line concept may be used for single family dwelling unit developments. This may result in the creation of a two family residential structure, only in districts permitting 01/23/92 120 such structure, or the creation of townhouse clusters in districts permitting such structure. In all cases a minimum ten (10) feet side yard shall be maintained adjacent to the exterior side, or non-zero lot line side, of the structure. Special Yard Setbacks 1. The corner side yard for any corner lot not located on an arterial street shall be equal to the adjacent yard of the adjacent lot, but in no case shall the corner side yard be less than fifteen feet. 2. A twenty-five foot corner side or front yard shall be provided on all arterials designated on the Bozeman Area Master Plan. Water Course Setbacks No newly constructed structure, addition to an existing structure, parking lot or other similar improvements shall be located closer than thirty-five feet to the mean high water mark of a water course as defined in this Ordinance. For the purpose of this regulation, the mean high water mark shall be defined as the line which the water impresses on the soil by covering it for sufficient periods to deprive it of vegetation. A minimum of five feet of the required thirty- five foot setback immediately adjacent to the water course shall be left in a natural vegetative state. Height Limitation Exceptions 1. Non-Specific Exemptions No building, or part thereof, or structure shall 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 Section 18.66 of this Ordinance, or as specifically authorized by the Planning Board as an approved condition of a planned unit development. Such approved conditions must include the’ recommendations of the City Fire Marshall. 2. Specific Exemptions a. Height limitations shall not apply to church spires, belfries, cupolas and domes; monuments; chimneys and smokestacks; flag poles; public and private-utility facilities; transmission towers of commercial and private radio-broadcasting stations; 01/23/92 121 television antennae; parapet walls extending no more than four (4) feet above the limiting height of the building except as hereinafter provided; and solar-energy collectors and equipment used for the mounting or operation of such collectors. b. Places of public assembly in churches, schools and other permitted public and semi-public buildings may exceed height limitations otherwise established by this Ordinance; provided that these are located on the ground floor of such buildings and provided that for each one (1) foot by which the height of such building exceeds the maximum height otherwise permitted in the District, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required in the District. c. Elevator and stair penthouses, water tanks, monitors and scenery lofts are exempt from height limitations otherwise established in this Ordinance; provided that no linear dimension of any such structure exceed fifty (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 Ordinance; provided that any structure above the height otherwise permitted in the District shall occupy no more than twenty-five (25) percent of the area of the lot and shall be at least twenty-five (25) feet from every lot line. 18.50.070 FENCES, WALLS AND HEDGES A. Location Except as provided in Section 18.50.080, fences, walls, and hedges, in any district may be located on lot lines provided such fences, walls and hedges do not exceed eight feet in height. Fences exceeding eight feet in height shall be subject to the minimum yard requirements of the district in which such fences are located. However, no fences, walls or hedges shall exceed four feet in any front yard, as defined in this title. Fences used in an agricultural pursuit to retain stock animals shall be excepted. 01/23/92 122 Relation to Linear Parks Fences located in the rear yard setback of properties adjoining any Bozeman linear park shall have a maximum height of four feet. Construction, Maintenance and Height Measurement 1. Construction and Maintenance Every fence or wall shall 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 shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair, damage, or unsightliness, 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 Inspector shall commence proper proceedings for the abatement thereof. 2. Barbed Wire and Electric Fences No barbed wire or similar sharp fencing or electric fences shall be permitted, except in A-S and 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. When electrically charged fences are used in an A-S district or R-S district, such fences shall be posted with warning signs at intervals not to exceed one hundred fifty feet where such fences are adjacent to public rights-of-way. 3. Measuring Fence and Wall Height In case of a fence erected on top of a retaining wall, the height shall be measured from the grade of the high Side of the wall. Fences and Walls in All Districts -- "Finished" Side Out Any fence or wall constructed so as to have only one elevation "finished," which sshall be defined as not having its supporting members significantly visible, shall be erected such that the finished elevation of the fence is exposed to the adjacent property. 01/23/92 123 E. Fencing of Utilities and Outdoor Storage Areas 1. All utility substations, wells, storage facilities, or other utilities shall be screened from view by a wall, fence, hedge, or landscape screen. 2. All storage for commercial operations shall 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 (6) feet in height. 18.50.080 STREET VISION TRIANGLE 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 be permitted within a triangular area defined as follows: beginning at the intersection of the projected curb lines of the two intersection streets, thence 50 feet along one curb line, thence diagonally to the point 50 feet from the bottom of beginning on the other curb lines, then to the point of beginning. Collector and Local Streets On corner lots, on collector and local streets, all districts, no fence, wall or planting in excess of 30 inches above the street centerline grades shall be permitted within a triangular area defined as follows: beginning at the intersection of the projected curb lines of two intersecting streets, thence 40 feet along one curb line, thence diagonally to a point 40 feet from the point of beginning on the other curb line, then to the point of beginning. Driveways and Alleys At the intersection of each driveway or alley with a street, 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 10 feet outside the right-of-way. Provision for Trees in Street Vision Triangle Single-stem canopy trees may be permitted in street vision triangles as described herein, provided that mature trees do not significantly affect safe driving conditions and are maintained such that no canopy foliage exists below a height 01/23/92 124 of ten (10) feet above centerline grades of intersecting streets. Trees which are located in the street vision triangle and which pre-existed the adoption of this Ordinance may be allowed to remain, provided said trees are trimmed such that no limbs or foliage exist below a height of ten (10) feet above centerline grades of intersecting streets. 18.50.090 (RESERVED) 18.50.100 LANDSCAPING A. Purpose and Intent 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 Bozeman area 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 Bozeman Zoning Ordinance Section are to promote and protect the health, safety, and welfare of the public, ,these landscaping regulations as part of the Bozeman Zoning Ordinance are adopted for the following specific purposes: 1s To aid in stabilizing the environment’s ecological balance by contributing to the process of air purification, oxygen regeneration, ground-water recharge and storm water runoff retardation, while at the same time aiding in noise, glare and heat abatement; 2. To provide visual buffering between land uses of differing character; 3. To enhance the beauty of the zoning jurisdiction of the City of Bozeman; 4. To protect the character and stability of residential, business, institutional and industrial areas; 5. To preserve the value of land and buildings; and 6. To conserve energy. Interpretation and Scope abe The provisions of this section of the Bozeman Zoning Ordinance shall apply to a lot or site when an application is being made for: 01/23/92 125 a. Site plan approval pursuant to Section 18.52 of this Ordinance; b. Signs pursuant to Section 18.65 of this Ordinance where landscaping is required. c. 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 paragraph, "restoration" means the act of putting back into a former or original state, only. 2. Not withstanding the application of Section 18.50.100 B.1 above, these provisions shall not apply to the following: a. Lots containing only single family and/or residential duplex uses when located outside Entryway Corridors, except that such lots shall be subject to 18.50.100.D.5.e (Street Frontage Landscaping). b. Lots or sites within an approved planned unit development which has been approved with its own landscape plan. However, these provisions shall be used as the basis for determining the landscaping plans for future planned unit developments and such planned unit development landscaping plans shall meet or exceed the standards of these landscape regulations. c. Lots or Sites which are designed, reviewed and approved according to the deviation provisions specified in Section 18.50.100.F. Definitions All words in this Section 18.50.100 shall be defined as provided herein and, if not defined herein, shall be defined as in the definition of terms of Section 18.04 of this Zoning Ordinance and, if not defined therein, shall be defined as in The Illustrated Book of Development Definitions by Harvey S. Moskowitz and Carl G. Lindbloom, 1981, and if not defined in The Illustrated Book of Development Definitions, shall have their customary dictionary definitions. 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 "shall" is always mandatory. 01/23/92 126 Artificial Lot means an area within the building site that is delineated by the planning director for the sole purpose of satisfying the requirements of this section (see 18.50.100 D.1). Berm means a mound of earth 2 to 6 feet high, planted with vegetative groundcover, with a slope not exceeding one foot of rise for each 2 feet of run. Caliper means the diameter of the trunk measured six inches above ground level up to and including 4 inch caliper size, and measured 12 inches above ground level if the measurement taken at 6 inches above ground level exceeds 4 inches. If a tree is of a multi-trunk variety, the caliper of the tree is the average caliper of all of its trunks. Canopy Tree means a species of tree which normally bears crown foliage no lower than 6 feet above ground level upon maturity. Enhanced Pavement means any permeable or nonpermeable decorative pavement material intended for pedestrian or vehicular use. Examples of enhanced pavement include brick or stone pavers, grass paver, exposed aggregate concrete, and stamped and stained covered pavement. Evergreen Tree or Shrub means a tree or shrub,of a species which normally retains its leaves/needles throughout the year. Ground Cover means natural mulch or plants of species which normally reach a height of less than 2 feet upon maturity, installed in such a manner so as to form a continuous cover over the ground. Landscape Architect means a person licensed to practice landscape architecture in the State of Montana. Landscaping means at least 75 percent coverage of an area with natural grass, vegetative ground cover, or other natural living plant materials, the remainder of which is covered with non- vegetative 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 Ordinance, the term landscaping shall be considered to have the same meaning as the terms landscape, landscaped,’ and landscaped area. Large Shrub means a shrub which normally reaches a height of five feet or more upon maturity, and usually has five or more canes. Large Tree means a tree of a species which normally reaches a height of 25 feet or more upon maturity, and usually has a single stem. 01/23/92 127 Nonpermeable Coverage means coverage with nonpermeable pavement. "Nonpermeable pavement" means any pavement that is not "permeable pavement" as defined in this section. Lot means: ie a "lot" as defined in Section 18.04 and 2. an "artificial lot" as defined in Section 18.50.100 C. Lot With Residential Adjacency means any of the following: 1. A building site in a residential zoning district, if the site abuts or is directly across a public street or alley from an R-1, R-2, R-2a, R-3, R-3a, R-4, or R-O zoning district. 2. A building site in a nonresidential zoning district, if the site abuts or is directly across a public street or alley from an A-S, R-S, R-1, R-2, R-2a, R-3, R-3a, R-4, 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-2a, R-3, R-3a, R-4, or R-O zoning district. 4. An artificial lot in a nonresidential zoning district, if the lot is less than 200 feet from an A-S, R-S, R-1, R-2, R-2a, R-3, R-3a, R-4, or R-O zoning district. Permeable Pavement means 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. Screening means a method of visually shielding or obscuring one abutting or nearby structure or use from another through the use of densely planted vegetation and/or berms. Small Tree means a tree of a species which normally reaches a height of less than 25 feet upon maturity. Soil means a medium in which plants will grow. D. General Landscaping Provisions 1. Designation of Artificial Lot All the lots and building sites described in Section 18.50.100 B.1 shall be subject to landscaping provisions, 01/23/92 128 01/23/92 however if a building site is over 2 acres in size, the applicant may request that the Planning Director create an artificial lot to satisfy the requirements of Section 18.50.100 D. The Planning Director shall not create an artificial lot which would, in his/her opinion, violate the spirit of these landscape regulations. An artificial lot must: a. wholly include the area on which the development is to occur; and b. have an area that does not exceed 50 percent of the area of the original site. Platting Not Required for Artificial Lots An artificial lot need not be platted, however it must be designated on plans approved by the Planning Director, Development Review Committee, Design Review Board, Planning Board, or City Commission prior to the issuance of a building permit. Landscape Plan Submission a. Submittal with Site Plan Application If these landscape regulations apply to a lot or site subject to Plan Review and Approval outlined in Chapter 18.52 of this Zoning Ordinance, a separate landscape plan shall 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 1" to 20’ Site Plan. b. Landscape Plan Format The landscape plan submittal shall include: (1) twenty blueline or blackline copies of the plan; (2) maximum scale of 1" to 20’; (3) standard drawing sheet of a size not to exceed 24 inches by 36 inches; a plan which cannot be drawn entirely on a 24 inch by 36 inch sheet must be drawn on two or more sheets, with match lines. 129 01/23/92 Preparation of Landscape Plan Landscape plans shall be prepared and certified by: 1) a registered Montana Landscape Architect; 2) an individual with a degree in landscape design and two years of professional design experience; or 3) an individual with a degree in a related field (such as horticulture, botany, plant science, etc.) and at least five years of prefssional design experience. Contents of Landscape Plan A landscape plan required pursuant to this Zoning Ordinance shall contain the following information: (1) Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan. (2) Location of existing boundary lines and dimensions of the lot, the zoning classification of the lot, and the zoning classification of adjacent properties. A vicinity map should also be attached on or made a part of the plan. (3) Approximate centerlines of existing water courses 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, driveways, 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 1 foot contours). (6) Locations and dimensions of proposed landscape 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, 130 01/23/92 (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) heights, spread, and spacing. The location and type of all existing trees on the lot over 6 inches in caliper must be specifically indicated. Complete description 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. An indication of how existing healthy trees (if any) are to be retained and protected from damage during construction. Size, height, location, and material of proposed seating, lighting, planters, sculptures, and water features. A description of proposed watering methods. Location of visibility triangles on the lot (if applicable). Tabulation of "points" earned by the plan (see Section 18.50.100.D.6.). Designated snow removal storage areas. Complete description and details of pavement, curbs, sidewalks and gutters. Front and side elevations of buildings, fences and walls with height dimensions. Show location of existing and/or proposed drainage facilities which are to be used for drainage control. Existing’ and proposed grade. Location, dimension (size and height) and use of existing and proposed buildings, fences and walls. Show open stairways and other projections from exterior building walls. Table of landscape performance point totals as per Section 18.50.100.D.6. 131 5. 01/23/92 Landscape Plan Review The Development Review Committee and, if required by this Ordinance, the Design Review Board, the Planning Board, and the City Commission shall review each landscape plan to determine whether or not it complies with the requirements of this Section. All landscape plans must comply with the Mandatory Landscape Provisions in Section 18.50.100.D.5. In addition, all landscape plans must earn a minimum number of points as specified in 18.50.100.D.6. 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 18.50.100.D.6, Landscape Performance Standards, of this Ordinance. Mandatory Landscaping Provisions a. Yard Landscaping Required For all uses in all districts, unless other wise provided by specific approval through design review procedures, all front, side, and rear yards, exclusive of permitted access drives, parking lots, and accessory structures, shall be landscaped as defined herein. All landscaped areas shall be perpetually maintained in a healthy condition. b. Additional Screening Requirements The DRB, DRC, and/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) Single-family and multi-family developments or apartment buildings; (2) Multi-family and multi-family developments or apartment buildings; (3) Residential and non-residential uses; or (4) Non-residential uses of differing character and/or intensity; 132 01/23/92 Parking Lot Landscaping 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 aisles but not including access drives. All surface parking lots on the building site or artificial lot, whichever is applicable, shall be landscaped in accordance with the following paragraphs which describe landscaping requirements in addition to the Yard Landscaping requirements for the site: (1) Parking Lot Screening Required (a) All parking lots located on a lot witha residential adjacency must be screened from that residential adjacency. (b) 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. (c) The screening required under paragraphs a. and b. above shall be not less than eight (8) feet in width and shall be maintained at a height of four to six feet except as otherwise restricted by fence and hedge height limits within required front yards and site triangles. (2) Large canopy trees, large non-canopy trees or small trees must be provided _ in, or immediately adjacent to, all parking lots ata minimum average density of: (a) one large canopy tree; or (b) one large non-canopy tree and one small tree; or (c) three small trees for each 9 parking spaces required or provided, whichever is greater. (3) No parking space may be located more than 90 feet from the trunk of a tree. 133 01/23/92 (4) (5) (6) No tree may be planted closer than four (4) feet to the paved portion of the parking lot. Additionally, any parking lot providing fifteen (15) or more parking spaces shall 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: (a) Wherever possible, the interior parking lot landscaping shall be designed to facilitate, control, and denote proper vehicular circulation patterns. (b) Internal parking lot landscaping provided shall 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. (c) The minimum width and/or length of any parking lot landscaped area shall be eight feet. The above standards are minimum mandatory standards which may be superseded by the provisions of Section 18.50.100.D.6 for receipt of performance standard points. Screening of Off-Street Loading Spaces (1) (2) (3) All off-street loading spaces on a lot with residential adjacency must be screened from that residential adjacency. 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. The screening required under Paragraphs (1) and (2) must be at least 6 feet in height. Street Frontage Landscaping Required Except in A-S and R-S Districts, all street rights- of-way contiguous with the proposed development site not used for street pavement, curbs, gutters, sidewalks, or driveways shall be landscaped as defined in this Ordinance and shall include, at a 134 01/23/92 minumum, one (1) large canopy tree for each fifty (50) feet of street frontage. Acceptable large canopy shade trees for use in public right-of-ways include the following species: Ash, Summit Green (Fraxinus pennsylvanica) ; Honeylocust, Seedless (Gleditsia triacanthos) ; Hackberry, Common (Celtis occidentalis) ; Linden, American (Tilia americana) ; Linden, Littleleaf (Tilia cordata); Locust, Black (Robinia pseudoacacia) ; Maple, Norway (Acer platanoides) ; Maple, Schwedler (Acer platanoides ‘Schwedler’); Maple, Sugar (Acer saccharum) ; Mountain Ash, European (Sorbus aucaparia) ; Oak, Bur (Quercus macrocarpa) ; Walnut, Black (Juglans nigra). 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 (1) large canopy tree for each fifty (50) feet of street frontage may be substituted with two (2) small ornamental trees per fifty (50) feet of street frontage. Acceptable small ornamental trees for use in public right-of-ways include the following species: Chokecherry, Amur (Prunus maackii) ; Crabapple, many species (malus spp.); Hawthorn (Crataegus spp.) j; Lilac, Japanese Tree (Syringa reticulata) ; Maple, Amur (Acer ginnala); Maple, Tatarian (Acer tataricum). Tree species may be added to or deleted from the above lists upon recommendation of a Tree Advisory Board duly appointed by the City Commission. The minimum quantity of trees and other landscaping required and provided in the public right-of-way as described herein shall be designed to complement on-site landscaping and to enhance the proposed development project and the streetscape. Street Median Island Landscaping All street median islands approved through a Plan Review process shall be landscaped according to requirements determined through the Plan Review process. 135 01/23/92 g. Acceptable Landscape Materials (1) (2) (3) (4) Acceptable plant materials shall be those listed in General Selection factors For Landscpe trees and Shrubs by Cooperative Extension Service, Montana State University, Circular No. 1280, October 1982. However, in the case of Street Frontage Landscaping as required in Section 18.50.100 D. 5. e. above, acceptable tree species shall be limited to those listed therein. No artificial plant materials may be used to satisfy the requirements of this chapter. Plant materials used to satisfy the requirements of this chapter must comply with the following minimum size requirements at the time of installation (depending on _ the standard measuring technique for the species). (a) Large trees must have a minimum caliper of 11/2" - 2", or a minimum height of 10 feet. (b) Small trees must have a minimum caliper of 1" - 11/2", or a minimum height of 8 feet. (c) Large evergreen shrubs must have a minimum height of 2 feet or, if of a spreading form, a minimum spread of 2 feet. For purposes of Section 18.50.100.5.g.3 "height" is measured from the top of the root ball or, if the plant is in a container, from the top soil level in the container. h. Protection of Landscape Areas (1) (2) Perimeter parking lot treatment as required in Section 18.50.120.B. 10 shall be installed to protect landscape areas adjacent to parking lots. Landscape 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 Director of Public Service. Railroad ties, rolled 136 asphalt, pin down wheel stops or similar methods of curbing are not acceptable methods of landscape protection within parking lots. Irrigation Standards Permanent irrigation systems shall 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. All irrigation systems and landscaped areas shall be designed, constructed, and maintained so as to promote water conservation and prevent water overflow or seepage into the street, sidewalk, or parking areas. Required Use of Trees All landscape plans must include, for each yard with a residential adjacency, at least one of the performance standards in Section 18.50.100.D.6.a.3 that requires the use of one or more trees. 6. Landscape Performance Standards In addition to complying with the Mandatory Landscape Provisions in Section 18.50.100.D.5, all landscape plans must earn a minimum number of points as specified below. Points are awarded for specified landscape features and elements based upon their relative value or merit. The minimum number of points needed for landscape plan approval by Zoning District is as follows: Lot With Lot Without Zoning Residential Residential District Adjacency Adjacency All districts except B-1 and B-3 . districts and P.U.D.s 23 15 B-1 18 15 B-3 13 13 P.U.D. Each proposal within a planned unit Overlay Districts development, overlay district, or 01/23/92 137 Deviations seeking a deviation to landscaping requirements will be evaluated on thebasis of the overall design excellence of the proposal with consideration to the points required by the most applicable zoning district and applicable residential adjacency. The alternatives for achieving the minimum points needed for approval are provided below. 01/23/92 a. Yard Landscaping Enhancement An applicant may earn points under this subsection by enhancing mandatory yard landscaping as follows: (1) (2) (3) Three points are awarded when the landscaped yard has a minimum average width 5 feet to 10 feet greater than the minimum yard required by this Ordinance. Five points are awarded if the minimum average width is more than 10 feet greater than the minimum yard required by this Ordinance. Five points per yard (up to fifteen points maximum) are awarded when the landscaped yard contains one or more of the following groups of plant materials at a minimum average density of one group for each 50 linear feet of each landscaped yard: (a) One large canopy tree and one large non- canopy tree. (b) One large canopy tree and two small trees. (c) One large canopy tree and five evergreen shrubs. (a) One large canopy tree, one small tree, and two large evergreen shrub. (e) Two large non-canopy trees, and one small tree. In the case of a lot with residential adjacency only, eight points are awarded for providing vegetative screening in the 138 01/23/92 landscaped yard with residential adjacency in accordance with the following subparagraphs: (a) (b) (c) (da) The screening must be of natural vegetation at least six feet in height. The screening must extend along the entire length of the portion of the landscaped yard where a residential adjacency exists, exclusive of: (i) public street frontage; (ii) driveways and accessways at points of ingress and egress to the lot; and (iii) visibility triangles. However, no points are awarded for screening required by Section 18.50.100.D.5.b unless the required screening is constructed of earthen berm or evergreen plant materials. If screening is provided by an earthen berm or evergreen plant materials, the following additional regulations apply: (i) An earthen berm must be planted with groundcover. The earthen berm may not have a slope that exceeds 1 foot of rise for each 2 feet of run and must be at least 4 feet high, including planting materials, subject to front yard and site triangle height limitations. (ii) Evergreen plant materials must: (aa) be located in a bed that is at least 3 feet wide; (bb) 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 139 (cc) provide a visual barrier of the required height within three years of their initial planting. b. Parking Lot Landscaping. (1) Ten points are awarded when all surface parking lots, as defined in Section 18.50.100.D.5.c. on the building site or artificial lot, whichever is applicable, are landscaped in accordance with all of the following paragraphs: (a) A minimum of 20 square feet of landscape area must be provided in the parking lot for each required off-street parking space in the lot. (b) The parking lot must contain one of the plant groups from Section 18.50.100.D.6.a.2 at an average density of one group, plus an additional one large canopy tree, for each required 16 parking spaces. (c) No required parking space may be located more than 70 feet from the trunk of a large canopy tree. c. Special Amenities (1) Pedestrian facilities. One point is awarded for each 1 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 five points. Landscaping of Public Lands Maintenance of landscaping installed within the boulevard portion of the public right-of-way, with the exception of tree trimming and tree removal, shall be the responsibility of adjacent property owners. The City shall accept responsibility 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. 01/23/92 140 Deviation From Landscaping Requirements To achieve the optimal landscape design on individual sites or to coordinate the landscape design in an area, it may be necessary to deviate from the strict application of landscaping requirements. An application for such deviation shall be processed through the Design Review Board and approved by the City Commission. The application for deviation shall be subject to the submittal and procedural requirements of Chapter 18.52 Site Plan Approval, and shall be accompanied by written and graphic material sufficient to illustrate the conditions that the modified standards will produce, so as to enable the City Commission to determine 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 this chapter. Upon such a finding, the City Commission may authorize deviations of up to 20% from landscape design standards contained herein. Landscaping Completion All landscaping must be completed or improvements secured in accordance with the provisions of Chapter 18.62. General Maintenance 1s 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. 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 the Ordinance, external factors such as seasonality and availability of landscape stock shall be considered before any action to revoke an Occupancy Permit is taken. 2. Any damage to utility lines resulting from the negligence of the property owner or his 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 shall 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 01/23/92 141 obligation of the property owner to replace the plant materials. 18.50.110 PROPERTY FRONTAGE AND DRIVE ACCESS STANDARDS A. Public Street Frontage Required Except as otherwise allowed or required by this Ordinance, no lot shall be created unless such lot abuts for at least 25 feet on a public street, and every building hereafter erected or moved shall be on a lot adjacent to an improved public street, with at least 25 feet of frontage as described above. Drive Access From Improved Public Street or Alley Required Except as otherwise allowed or required by this Ordinance, primary drive access to buildings on all lots shall he provided from the abutting improved public street or alley. For purposes of this Code, “improved public street or alley" shall include: 1. any street or alley within the City of Bozeman constructed to a standard which meets or exceeds standards established by the City Engineering department; 2. any street outside of the City of Bozeman within the three mile jurisdictional area constructed to a standard which meets or exceeds standards established by the County Road Superintendent; or 3. constructed public streets which may not meet current City or County standards but which are constructed to a standard which 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. Drive Access Requirements Drive accesses, taking primary access from an improved public street as defined above, are required for commercial parking lots and parking lots for residential developments of four or more dwelling units. Parking lots for residential developments of three or fewer dwelling units may take primary access from an improved public street or improved public alley as defined in Section 18.50.110. with access provided according to the provisions of Section 18.50.120.A.5. All drive accesses installed, altered, changed, replaced, or extended after the effective date of this Ordinance shall comply with the following requirements: 01/23/92 142 01/23/92 Residential drive access openings shall conform to the following criteria: a. Single family drive access openings shall not exceed 24 feet in width measured at the right-of- way line and 30 feet in width measured at the curb line. All residential complexes for fewer than four families are considered single family residences for the purpose of this Section. Dr Residential complexes with four or more dwelling units shall be considered commercial (non- residential) establishments for the purpose of this Section, except that separated parking facilities for individual townhouse units shall be considered the same as single family parking facilities. Non-Residential drive access openings shall conform to the following criteria: a. Commercial drive access widths shall be a maximum of 35 feet measured at the inside edge of the drive access extended, at its intersection with the projected curb line of the intersecting street. Two way drive access shall be a minimum of 24 feet and one way drive access shall be a minimum of 16 feet. b. Industrial drive access widths shall be a maximum of 40 feet measured at the inside edge of the drive access extended, at its intersection with the projected curb line of the intersecting street. Two way drive accesses shall be a minimum of 24 feet and one way drive accesses shall be a minimum of 16 feet. Drive accesses for all multiple tenant commercial buildings or complexes/centers, or industrial drive accesses shall be set back a minimum of 15 feet from the adjacent property line unless such drive access is approved as a shared drive access. Drive accesses to drive-in theaters, stadiums, racetracks, funeral homes, or uses generating very heavy periodic traffic conflicts shall 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. 143 5. All commercial and industrial drive accesses on arterial streets shall have 15 foot return radii unless otherwise approved by the Director of Public Service. All commercial and industrial drive accesses on other streets may have either return radii or depressed curbs. The minimum radius allowed is 4 feet. D. Distance from Intersection Driveway access distance from street intersections for all lots created after the effective date of this Ordinance shall be subject to the following minimum dimensions, unless otherwise approved by the Director of Public Service as part of an approved site plan. Driveway Access Located Driveway Access Located on Collector Streets on Arterial Streets Nearest Distances from Distances from Intersecting Intersection Intersection Street In Res. Dist. In Comm. /Ind In Res. Dist. InComn. / Dist. Ind. Dist. Arterial 100” 150’ , 150’ 2007 Collector 40° 150/ 150° 1507 Local 40/ 100’ 100’ 150° Note: All distances shall be measured from the inside edge of the drive access, extended, at its intersection with the projected curb line of the intersecting street. E. Drive Access Spacing The distance between drive accesses on a public street, except for single-family dwellings, as defined above, shall be measured from inside of drive to inside of drive according to the following specified distances, unless otherwise approved by the Director of Public Service as part of an approved site plan. Driveway Access Spacing Driveway Access Spacing On Collector Streets In On Arterial Streets In Res. Dist. Comm./Ind. Dist. Res. Dist. Comn./Ind. Dist. Average Spacing 01/23/92 144 o Partial Access* 60’ 80’ 80’ 150’ o Full Access** 100° 150’ 1007 150’ Minimum Separation 60’ 80/ 60’ 100’ Notes: * Partial access includes right turn in and out only. ae Full access allows all turn movements, in and out. F. Number and Location of Drive Accesses Single family uses shall be limited to one (1) drive access per street face, except on properties abutting arterial streets in which case circular drive-ways, or driveways facilitating the turning of automobiles on-site, shall be required. Circular driveways with two openings on a single street frontage may be permitted in A-S and R-S Zoning Districts. Notwithstanding any other provisions of this Title, drive accesses may not be located closer than eight feet to any side property line, unless shared access with the adjoining property is approved. G. Shared Drive Access The City desires and encourages sharing access drives between separate parcels. H. Access Approval Required All drive accesses shall be approved by the Director of Public Service for width and location. Th Deviations from Property Access Standards Some of the standards listed in Sections 18.50.110.C-F above, may be relaxed if it is shown during the Site Plan review process that more efficient design can be accomplished without jeopardizing the public’s health, safety and welfare. Deviations from access standards shall be approved at the discretion of the Public Service Director. Commercial developments (including residential complexes for four or more families) which may not be able to meet the 01/23/92 145 requirements of Section 18.50.110.C-F. above, and are requesting deviations from the standards, shall submit to the Director of Public Service a report certified by a Professional Engineer addressing the following site conditions, both present and future: - traffic volumes = turning movements - traffic controls - site design a sight distances a location and alignment of other access points Based upon the above data, the Director of Public Service shall determine whether a deviation from the required standards is justified and, if so, what alternative requirements will be necessary. 18.50.120 PARKING REQUIREMENTS A. General Provisions 1. Floor Area The term "floor area", for the purpose of calculating the number of off-street parking spaces required, shall mean the "gross floor area", measured on the basis of the exterior-area dimensions of the building, minus the following: a. Window display areas; b. Storage areas; c. Areas used for incidental repair of equipment sed or sold on the premises; d. Areas occupied by toilets and rest rooms; e. Areas occupied by public utility facilities; f. Areas occupied by dressing rooms, fitting or alteration rooms incidental to the sale of clothing; g. Areas occupied by stairways and elevators; Jo Corridors connecting rooms or suites or rooms; Provided, however, at the election of the owner thereof, "floor area" shall mean eighty-five percent 01/23/92 146 (85%) of the "gross floor area" of the building (without deduction of exceptions "a" through "h" set above). Such election shall be made in writing to the Planning Director, shall be signed and acknowledged by the owner and shall be filed with the Planning Director prior to the issuance of a building permit for such building. The owner shall 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 Where applicable, the number of spaces required in section 18.50.120 F 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, including additions to buildings, that may require more parking, an occupancy permit is required and shall not be issued until such additional parking spaces, as required by this Ordinance, are furnished. B. Stall, Aisle and Driveway Design 1s Parking Dimensions The following shall be the minimum parking space dimensions: Angle Width! Length Aisle Width Handi- Handi- Standard capped Compact® Standard capped Compact? 90° 9.0! 13! 8/ 18/20’? 18/20’? 16° 2673 60° 9.0° 13° 8! 18/20’ 18/20’ 16° 18/234 45° 9.07 13° 8/ 18/20’ 18/207 16° 15/234 Notes: 1) As measured by a line perpendicular to the stall line at a point on the outside end of the stall, except when the stall is on the inside edge of a curve, in which case the point of measurement shall be on the inside end of the stall. 2) 18’ if measured from a curb on the inside edge of the stall; 20’ if measured from a painted line on the inside edge of the stall. Stall length variations are 01/23/92 147 3) 4) 5) 01/23/92 subject to approval by the Planning and Zoning Commission. For 90° parking, aisles are 2-way; First number refers to one way traffic; second number to two-way traffic. If the aisle is needed as a fire lane, a 20 foot minimum is required. Unless otherwise approved, all parking spaces shall be of standard width and length. In any parking facility containing twenty or more parking spaces, a maximum of twenty-five percent (25%) of the required parking spaces may be reduced in size for small cars, provided these spaces shall 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 shall be located in one or more contiguous areas and/or adjacent to ingress- egress points within parking facilities. Location of compact car parking spaces shall not create traffic congestion or impede traffic flows. Within Structures The off-street parking requirements may be furnished by providing spaces so designed within the principal building or accessory parking structure; however, no building permit shall be used to convert said parking structures into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this Ordinance. All parking structures or portions of structures used for parking shall meet applicable Uniform Building and Fire Code requirements. 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 staff. Such proposals may be approved based 148 01/23/92 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. Neighborhood Conservation Overlay District Except in the B-3 District, parking requirements in Neighborhood Conservation Overlay Districts will be governed by Chapter 18.42 of this Zoning Code. Generally, parking and access drives should not have an adverse effect on any existing elements which contribute to the character of the neighborhoods. Common driveways, single car garages, and landscaped yards and boulevards may be some of the important elements to retain. The procedures outlined in Chapter 18.42 may be used to define all parking requirements. 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 10% of the required parking spaces, whichever is less, if 350 square feet of landscaping, trees, streetscaping, or sculptural elements (not signage) is installed on the property for each space so deleted. This shall not decrease the amount of landscaping that would have been required with full parking, but shall be in addition to such landscaping. This option shall be approved by DRB. These improvements must be placed in.the public right- of-way or yards directly facing the right-of-way. Exceptions and Modifications to Parking Requirements in B-3 Districts Where all or part of the required parking spaces cannot 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 shall be issued, nor shall any use of property be initiated unless a satisfactory cash-in-lieu payment is received by the Department of Finance. 149 01/23/92 2) 3) 4) 5) 6) The Parking Commission shall review and consider all requests for cash-in-lieu payments and furnish a written and dated certificate, signed by the Parking Commission chairman, authorizing cash-in-lieu payments. A copy of this certificate shall be presented to the Chief Building Official and Zoning Administrator before a building permit is issued or the use instituted. For each required parking space not provided, an appropriate payment shall be made to the City Finance Director as specified by City Commission resolution. All funds received under the provisions of this chapter shall be deposited in an interest-bearing account and unless otherwise directed by the City Commission, shall be used for the acquisition of additional parking facilities and for the renovation and resurfacing of same. The cash-in-lieu fee may be revised, at the discretion of the City Commission, upon the recommendation of the Parking Commission, to reflect changing market values. 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, shall not be required to provide additional parking spaces beyond those required at the time of said SID adoption, provided the use of said real property and improvements remains unchanged from the initial assessments of SID No. 565, or other similarly adopted improvement districts. In the event that a new use or an expansion is initiated on any portion of real property or improvements subsequent to the assessments for SID No. 565 or other similarly adopted improvement districts, then parking space requirements shall be satisfied prior to initiation of those new or expanded uses. 150 01/23/92 Circulation Between Bays Except in the case of one to three-family dwellings and individual townhouse units, parking areas shall be designed so that circulation between parking bays occurs within the designated parking lot and does not depend upon a public street or alley. Backing into Public Right-of-Ways Except in the case of one to three-family dwellings and individual townhouse units, parking area design which requires backing into the public street or alley is prohibited. In all cases where backing occurs, the required aisle width shall be provided. The aisle width calculation may incorporate the width of the public right-of-way. Parallel Parking Spaces Parallel parking spaces shall be a minimum of 24 feet in length. Surfacing Except for single family development on individual lots, all areas intended to be utilized for permanent parking space and driveways shall be paved with concrete or asphaltic concrete, or approved pavers, to control dust and drainage. All proposed parking areas and driveway improvements shall require a Grading and Drainage Plan approved by the Director of Public Service. However, paving shall not be required for permitted and conditional uses in the A-S and R-S zoning districts when all of the following circumstances exist: a. The use is required to provide fewer than fifteen (15) parking spaces and no loading spaces under the provisions Section 18.50.120; b. The lot or tract on which the use is located is not adjacent to a paved street or road; and c. The applicant shall enter into an improvements agreement with the City agreeing that the lot shall be paved within nine (9) months of the time an adjacent roadway is paved. 151 10. 11. 01/23/92 Striping Except for one to three-family dwellings and individual townhouse units, all parking stalls shall be marked with painted lines not less than four (4) inches wide. Lighting Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light down and/or away from adjoining property, abutting residential uses and public rights-of-way, and shall be in compliance with the lighting restrictions in Section 18.50.035 of this Ordinance. Signs No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking area. All signs shall conform to the requirements of Section 18.65 Sign Code, of this Ordinance. Parking Lot Curbing Except for individual townhouse units and one to three- family dwellings, all open off-street parking areas and driveways shall have a six (6) inch by six (6) inch perimeter concrete curb around the entire parking lot, including driving access ways. Continuous concerete curbing shall be built according to standards provided by the Director of Public Service. Concrete pin-down 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 shall be provided in all situations where deemed necessary by the Director of Public Service to control drainage and soil erosion. Alternative perimeter treatment may be permitted adjacent to snow storage areas subject to the approval of the Director of Public Service. Requirements for perimeter curbing shall not preclude opportunities for shared access between adjacent parking lots. 152 12. 13. 14. 15. 16. 17. 01/23/92 Protruding Vehicles All on-site parking stalls which abut property lines shall be designed and constructed such that parked vehicles shall not protrude over property lines. Pedestrian Facilities in Parking Lots Concrete sidewalks a minimum of three feet in width shall 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. Snow Removal Storage Areas Snow removal storage areas shall be provided sufficient to store snow accumulation on site. Said areas shall not cause unsafe ingress/egress to the parking areas, shall not cause snow to be deposited on public rights- of-way, shall not include areas provided for required parking access and spaces, and shall not be placed in such a manner as to damage landscaping. All snow removal storage areas shall be located and designed such that the resultant storm water run-off is directed into landscaped retention/detention and water quality improvement facilities as required by the City engineering department, or in compliance with any adopted storm drainage ordinance. Parking and Stacking for Drive In/Drive Through Facilities Required parking and stacking spaces for waiting automobiles shall be determined by the DRC and shall not in any manner inhibit on-site or off-site vehicular circulation. Ownership/Leasehold Required parking lots shall be owned or leased by the owner or lessee of the building or use being served by such parking. Such parking lots shall 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. Storm Water Drainage Storm water drainage from parking lots shall be directed into landscaped detention/retention facilities and water quality improvement facilities as required by 153 the City engineering department, or in compliance with any adopted storm drainage ordinance. Maintenance It shall be 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. Use of Required Parking Areas for Parking Only Required off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles, except when permitted as a temporary use. Parking Spaces Identified and Maintained All residential occupancies shall provide required off- street parking spaces. When enclosing a carport or garage for storage or living purposes, an Affidavit shall be submitted to the Planning Director identifying the required parking spaces necessary to comply with Section 18.50.120.F.1, below. Number of Spaces Required The following minimum number of off-street, paved parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth: 1. Residential Uses Dwelling Types off-Street Parking Spaces Required With On-Street Parking Without On-Street Parking Single Family 2.00 Spaces/Unit 3.0 Spaces/Unit Mobile Homes 2.00 Spaces/Unit 3.0 Spaces/Unit Two-Family 2.00 Spaces/Unit 3.0 Spaces/Unit Three-Family 2.25 Spaces/Unit 2.25 Spaces/Unit Four-Family 2.25 Spaces/Unit 2.25 Spaces/Unit Townhouse 2.00 Spaces/Unit 2.25 Spaces/Unit 01/23/92 154 Apartments Group Homes and Community Residential Facilities 2.20 Spaces/Unit 1 Space per Potential Guest Room 2.20 Spaces/Unit 1 Space per Potential Guest Room All site plans submitted for permit purposes shall identify parking space allocations. 2. Non-Residential Uses Use Type Automobile Sales off-Street Parking Spaces Required a) One (1) space per 200 square feet of indoor floor area, plus b) Two (2) spaces per 20 outdoor vehicle display spaces Automobile Service Station a) Two (2) spaces per service stall, but no less than four (4) spaces Automobile Washing Establishment o Automatic Drive- Through o Self-Service a) Three (3) spaces or one for each employee on maximum shift, in addition to stacking space b) Two (2) spaces per stall not including washing or drying spaces Bank, Financial Institutions a) One (1) space per 300 square Bowling Alley feet a) Four (4) spaces per alley, plus b) Two (2) spaces per billiard table, plus c) One (1) space per each five visitor gallery seats Church 01/23/92 a) One (1) space per four seats or six linear feet of space in each building based upon design capacity of main assembly hall b) Public assembly areas, recreational buildings; one (1) per 200 square feet. Cc) Classrooms; one space per four seats. 155 Community or Recreation Center Dance Halls, Skating Rinks or Similar Uses Court Clubs, (Racquetball, Hand- ball, Tennis) Day Care Centers Elderly (Senior Citizens) Housing Furniture Stores Over 20,000 Square Feet Golf Courses Hospital Manufacturing and Industrial Uses Medical and Dental Offices 01/23/92 One (1) space per 200 square One (1) space per 300 square One (1) space per 200 square feet of floor area, plus 3 One (1) space per 200 square feet Three (3) spaces per 1,000 square feet of floor area One (1) space per 200 square feet of main building floor area, plus One (1) space for every two practice tees in driving range, Four (4) spaces per each green in One (1) space per 1,000 square feet of floor area, plus One (1) space per two employees on Four (4) spaces for each full-time equivalent doctor or dentist, plus a) feet of floor area a) feet of floor area a) spaces per court a) of floor area a) One (1) space per unit a) a) b) plus Cc) the playing area a) One (1) space per bed a) b). maximum working shift a) b) One (1) space for each full-time- equivalent employee 156 Motels, Hotels o Restaurants, Bars, Dining Rooms o Commercial Areas o Public Areas Assembly Nursing Homes, Rest Homes or Similar Uses Offices (Except Medical and Dental) One and one-tenth (1.1) spaces per One (1) space per employee on Spaces for accessory uses as One (1) space per 60 square feet One (1) space per each 400 square One (1) space for each five seats based upon design capacity, Total off-street parking for public assembly may be reduced by one space for every four guest rooms. One (1) space for each three One (1) space for each employee on One (1) space per 250 square feet of floor area with a minimum of Outdoor Sales (Plant Nurseries, Building Materials, Equipment Rental and Similar One (1) space per 500 square feet of sales and/or display The size of the sales and/or display area shall be determined on a case-by-case basis by the Planning Board. Restaurants, Cafes, Bars and Similar Uses Retail Store and Service Establishments 01/23/92 One (1) space per 50 square feet of indoor public serving area, One (1) space per 100 square feet of outdoor serving (patio) area a) each guest room, plus b) maximum shift, plus Cc) follows: d) e) feet of floor area f) except that g) a) Four (4) spaces, plus b) beds, plus Cc) maximum shift a) four (4) a) area. a) plus b) a) One (1) space per 300 square feet of floor area 157 Sales Sites; Model Home Schools o Elementary and/or Junior High o Senior High o Business or Similar School Theatre, Auditorium or Similar Place of Public Assembly Warehousing, Storage or Handling of Bulk Goods 01/23/92 One (1) space per 150 square feet of model floor areas; and One (1) space per employee. a) b) c) d) One and one-half (1.5) spaces for each classroom, library, lecture hall and cafeterias, plus One (1) space per each three fixed seats in the main area of public assembly, or One (1) space for each 21 square feet of area available for public assembly if fixed seats are not provided. One and one-half (1.5) spaces for each classroom or lecture hall, plus One (1) space per each five students, plus One (1) space for each non-teaching employee, plus One (1) space per each three fixed seats in the area of public assembly, or One (1) space per 21 square feet of area available for public assembly if fixed seats are not provided. One (1) space for each 1.25 students. One (1) space per four seats based upon design capacity b) One (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, one (1) space per 300 square feet of floor area 158 Handicapped Parking Spaces Handicapped parking spaces shall be provided subject to Federal standards enumerated in the Federal Register, dated 4 August 1982, Subpart C, Section 1190.31, "Accessible Building and Facilities: New Construction." G. Joint Use of Parking Facilities 1. Up to 80 percent of the parking facilities required by this Subsection for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities by the following daytime uses: banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale and similar uses. Other joint use of parking by adjacent commercial uses to reduce total parking spaces may be allowed with an approved Parking Study submitted by a Registered Professional Engineer, Architect or Landscape Architect. Conditions Required for Joint Use a. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within one thousand feet of such parking facilities. b. The applicant shall show that there is no substantial conflict in the operating hours of the two buildings or uses for which joint use of off- street parking facilities is proposed. c. 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, shall be filed with the City Clerk and recorded with the County Clerk and Recorder. H. off-Site Parking 1. 01/23/92 Any off-site parking which is used to meet the requirements of this Ordinance shall be reviewed by the Planning Director for compliance with this Ordinance and shall be subject to the conditions listed below. 159 2. Off-site parking shall be developed and maintained in compliance with all requirements and standards of this Ordinance. 3% Reasonable access from off-site parking facilities to the use being served shall be provided. 4. The site used for meeting the off-site parking requirements of this Ordinance shall be under the same ownership as the principal use being served, under public ownership, or shall have guaranteed permanent use by virtue of a perpetual lease filed with the City Clerk and County Clerk and Recorder. SP off-site parking for single-family and two-family dwellings shall not be permitted. 6. Off-site parking for multiple-family dwellings shall not be located more than 100 feet from any commonly used entrance of the principal use served. 7. off-site parking for non-residential uses shall not be located more than 400 feet from the commonly used entrance of the principal use and shall not be located in residential districts. 8. Any use which depends upon off-site parking to meet the requirements of this Ordinance shall maintain ownership or provide evidence of a long term irrevocable lease agreement, running in perpetuity with the existence of the designated use, for parking utilization of the off- site location. Improvement Schedule All parking area improvements to include surfacing, drainage, walkways, lighting, landscaping, screening, traffic control, etc., shall be installed according to the provisions of Chapter 18.62. Stacking of Off-Street Parking Spaces Required parking spaces: shall be located so as to preclude stacking of off-street parking spaces, with the exception of single-family dwellings and. individual townhouse units, and duplexes with physically separated individual driveways. No Parking Permitted in Required Front or Side Yards Required parking spaces shall not be located in any required front or side yard, except that detached single-family dwellings and townhouses, and duplexes with physically 01/23/92 160 separated individual driveways, may have one space located within a driveway area in the required front yard. 18.50.130 OFF-STREET LOADING BERTH REQUIREMENTS A. Affected Uses Every hotel, 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 shall provide off-street truck loading or unloading berths in accordance with the following table: Square Feet of Aggregate Gross Floor Required No. Area Devoted to Such Use of Berths 15,000 sq. ft. up to & inc. 40,000 sq. ft. 1 40,001 sq. ft. up to & inc. 100,000 sq. ft. 2 100,001 sq. ft. up to & inc. 160,000 sq. ft. 3 160,001 sq. ft. up to & inc. 240,000 sq. ft. 4 240,001 sq. ft. up to & inc. 320,000 sq. ft. 5 320,001 sq. ft. up to & inc. 400,000 sq. ft. 6 400,001 sq. ft. up to & inc. 490,000 sq. ft. 7 For each additional 100,000 sq. ft. . 1 add/l. Any office building 100,000 sq. ft. or larger shall have at least one (1) off-street loading berth. B. Standards for Off-Street Loading Facilities All off-street loading facilities shall conform to the following standards: 1. The first loading berth shall be at least seventy (70) feet in length. Additional berths required shall be at least forty-five (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(s) shall be at least 25 feet in length. All loading berths shall be at least twelve (12) feet in width and fourteen (14) feet in height, exclusive of aisle and maneuvering space. 2. Such space may occupy all or any part of any required yard space, except front and exterior side yards, and shall not be located closer than fifty (50) feet to any lot in any residential zone unless separated from such zone, except at the accesses, by screening not less than eight (8) feet in height. 01/23/92 161 10. 11. 12. 01/23/92 Sufficient room for turning and maneuvering vehicles shall be provided on the site so that vehicles shall cross a property line only by driving forward. Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley, without traversing a residential district. The loading area, aisles, and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained so as to dispose of surface water without damage to private or public pro- perties, streets, or alleys. Bumper rails shall be provided at locations where needed for safety or to protect property. If the loading area is illuminated, lighting shall be deflected down and/or away from abutting residential sites so as to cause no annoying glare. No regular repair work or servicing of vehicles shall be conducted in a loading area. Off-street loading facilities shall be located on the same site with the use for which the berths are required. If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this Ordinance 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 shall be provided as if the aggregate gross floor area were used for the use requiring the greatest number of loading berths. Off-street loading facilities for a single use shall not be considered as providing required off-street loading facilities for any other use. 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, there shall be provided off-street loading berth requirements subject to the provisions of Chapter 18.62. The number of loading berths provided for a major alteration or enlargement of a site or 162 structure shall be in addition to the number existing prior to the alteration or enlargement. 13. Space allocated to any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facility. 18.50.140 SPECIAL TEMPORARY USE PERMIT A. Cc. Generally Uses permitted subject to 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, or constructing a public facility. Such uses shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the community. Uses permitted subject to a Special Temporary Use Permit may include: 1. Carnivals, circuses, special events of not over 72 consecutive hours. 2. Tent revival meetings 3. Swap meets. 4. Such other uses as the Planning Director may deem to be within the intent and purpose of this section. Application and Filing Fee Application for a Special Temporary Use Permit may be made by property owner or his authorized agent. Such application shall be filed with the Planning Director who shall charge and collect a filing fee for each such application, as provided in Chapter 18.62, of this Ordinance. The Planning Director may also require any information deemed necessary to support the approval of a Special Temporary Use Permit, including site plans as per Chapter 18.52 of this Ordinance. Decision Application for Special Temporary Use Permit shall be reviewed by the Planning Director who shall approve, conditionally approve, or disapprove such application. Approval or conditional approval shall be given only when in the judgment of the Planning Director such approval is within the intent and purposes of this Chapter. Any person aggrieved by the decision of the Planning Director may file an appeal within fifteen (15) days of such decision with the 01/23/92 163 Board of Adjustment pursuant to Chapter 18.56 of this Ordinance. Conditions In approving such a permit, the approval shall be made subject to a time limit and other conditions deemed necessary to assure that there will be no adverse effect upon adjacent properties. Such conditions may include the following: 1. Regulation of parking 2. Regulation of hours 3. Regulation of noise 4. Regulation of lights 5. Requirement of bonds or other guarantees for cleanup or removal of structure or equipment 6. Such other conditions deemed necessary to carry out the intent and purpose of this section. 18.50.150 HOME OCCUPATIONS A. Generally A home occupation is a use that is considered accessory to a dwelling unit. A home occupation shall be carried on by one or more persons, all of whom reside within the dwelling unit, and where no more than one person is employed on more than a half time basis other than resident and domestic help. The use shall be clearly incidental and secondary to the use of the dwelling for residence purposes and shall not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part. There shall be no outside storage of any kind; any indoor storage, construction, alterations, or electrical or mechanical equipment used, shall not change the fire rating of the structure. The use may increase vehicular traffic flow and parking by no more than one additional vehicle ata time. It shall not cause an increase in the use of one or more utilities (water, sewer, or garbage) so that the combined total use for dwelling and home occupation purposes of one or more utilities exceeds the average for residences in the neighborhood. When a use is a home occupation, it means that the owner, lessee, or other persons who have a legal right to the use of the dwelling unit also have the vested right to conduct the home occupation without securing special permission to do so. However, such person shall be 01/23/92 164 Cc. subject to all conditions set forth in this Ordinance, such as off-street parking, and to all other permits required by the City, such as Building Permits and Business Licenses, and shall consult with City officials before establishing such home occupation. Purpose It is in the intent of this Section to eliminate as home occupations all uses except those that conform to the standards set forth in this Section. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence. The standards for home occupations included in this Section are intended to insure compatibility with other permitted uses and with the residential character of the neighborhood. A clearly secondary 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 a home occupation. Necessary Conditions Home occupations are permitted accessory uses in residential districts only so long as all the following conditions are observed: 1. Such occupation shall be conducted solely by resident occupants in their residence with not more than one half-time non-resident employee. 2. No more than twenty-five (25%) percent of the gross area of all structures shall be used for such purpose. 3. No use shall 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. 4. No home occupation shall 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 occupation purposes exceeds the average for resi- dences in the neighborhood; 5. There shall be no outside storage of any kind related to the home occupation; 6. The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time; 01/23/92 165 D. E. 7. No use shall 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 occupation exists. Complaints Complaints by citizens of Bozeman or residents living within the zoning jurisdiction of the City of Bozeman may be cause for termination of the home occupation. However, should such complaint be filed, the operator is entitled to an appeal to the Board of Adjustment for a public hearing. The Board of Adjustment shall determine whether or not the filed complaint identifies sufficient violation of this Ordinance to warrant termination or modification of the home occupation. Examples of the Uses that Frequently Qualify as Home Occupations The following are examples of uses which can typically be conducted within the limits of the restrictions established in this section and thereby may qualify as home occupations. Uses which may qualify as "home occupations" are not limited to those named in this paragraph (nor does the listing of a use in this paragraph automatically qualify as a home occupation): accountant; architect; artist; attorney-at- law; author; consultant; dressmaking; individual musical instrument instruction; individual tutoring; insurance; millinery; and realtor. Uses That Are Prohibited The following uses, by the nature of the investment of operation, have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residential purposes. Therefore, the following uses shall not be permitted as home occupations: auto repair, minor or major; barber shop; carpentry work; contractor’s offices, unless no construction activity or storage of materials and/or equipment occurs at the residence; dance instruction; dental offices; medical offices; painting of vehicles, trailers, or boats; private schools with organized classes; radio repair; television repair; upholstering; beauty salons. 01/23/92 166 G. Home Occupation Procedures 1. Notice of Intent to Operate a Home Occupation Any individual applying for a business license with the intent of operating said business from his/her home, shall acknowledge by signature his/her understanding of the requirements and conditions of Chapter 18.50 of this Ordinance. 2. Appeal to Board of Adjustment Any person may appeal the Planning Director’s action to the Board of Adjustment within fifteen (15) days as per Chapter 18.56 "Variance and Administrative Interpretation Appeals Procedures" of this Ordinance. 18.50.160 NON-CONFORMING USES AND STRUCTURES A. Any structure or use lawfully existing upon the effective date of this Ordinance 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 Section 18.65 of this Ordinance. The right to operate and maintain a non-conforming use shall terminate when the structure or structures housing such use are removed, razed, or damaged to an extent of 50 percent of the structure’s fair market value as determined by the last equalized assessment role of the County of Gallatin. However, in the event of damage by fire, wind, earthquake or other act of God to the extent described above, said structure or structures and the non-conforming use or uses housed therein may be re-established through a Conditional Use Permit procedure as set forth in Chapter 18.53 of this ordinance. When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use. Whenever a lawful non-conforming use of a building or structure or land is discontinued for a period of 90 days, any future use of said building or structure or land shall be in conformity with the provisions of this Ordinance. Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary structural repairs provided such structural repairs do not enlarge or intensify the non- conforming use. 01/23/92 167 A lawful non-conforming use shall not be changed except in conformance with the use requirements of the zone in which it is located. Except, however, a lawful non-conforming use may be changed to another non-conforming use, provided that a conditional use permit is obtained from the City Commission. To approve the conditional use permit, the City Commission shall determine that the proposed non-conforming use is more appropriate to the district than the existing non-conforming use, and that no unsafe or unhealthy conditions are perpetuated. In making such a determination, the Commission shall find that as a result of the proposed conversion: 1) traffic impacts, both on and off site, would be lessened; 2) off-street parking and loading requirements would be reduced; 3) the visual impact on the surrounding area would be lessened; 4) a higher degree of compliance with the Master Plan would be achieved; 5) the level of conflict with other uses in the surrounding area would be reduced; 6) other non-conformities exist in the surrounding area; 7) existing unsafe or hazardous conditions would be eliminated; 8) the subject structure(s) have a recognizably viable remaining life; and 9) on and off-site impacts from noise, dust, smoke, surface or groundwater contamination, or other environmental impacts would be fully mitigated. The maintenance and reconstruction of existing non- conforming residential dwelling units is allowed, in compliance with applicable fire and building codes, including expansion of up to 20 percent of the existing dwelling unit, as long as the number of dwelling units on the lot is not increased. Use of Existing Lots 1. At the time of the enactment of this Ordinance, if any owner of a plot of land consisting of one or more adjacent lots in a subdivision of record does not own sufficient land within the lot of record to enable him/her 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, such reduction to be determined by the Board of Adjustment. a. In the A-S, R-S, R-1, R-2, R-2a, and R-3a districts, the reductions shall permit only a single family residence. 01/23/92 168 b. In the R-3, R-4, and R-O districts, the reduction shall permit only a duplex. c. Townhouse cluster or apartment containing no more than four units. 2. No lot, even though it may consist of one or more adjacent lots in the same ownership at the time of passage of this Ordinance, shall be reduced in size so that lot width or size of yards or lot area per family or any other requirement of this Ordinance is not maintained. This Section shall not apply when a portion of a lot is acquired for a public purpose. Ba Adjacent parcels which do not conform to minimum lot requirements and which are in common ownership shall be considered individual lots of record for the purposes of this code only if they are each greater than one (1) acre in size and were created prior to the passage of this ordinance. 18.50.170 (RESERVED) 18.50.180 MOBILE HOMES ON INDIVIDUAL LOTS A. Intent It is the intent of this section to allow mobile homes, as defined herein, in specified zoning districts in which similar one-family dwellings constructed on the site are permitted subject to requirements and procedures set forth herein to assure acceptable similarity in exterior appearances between such mobile 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 mobile homes certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. Application, Material to be Supplied One copy of the application for the proposed mobile home on the individual building lot shall be submitted to the building division in conjunction with the application for a building permit for the building foundation. The application shall include all information as deemed necessary by the Zoning Administrator to make determinations as to conformity with Section 18.50.180 (C), Standards for Determination of Acceptable Similarity in Exterior Appearance, and it shall include a minimum of color photographs of all sides of the mobile home, of the nearest 01/23/92 169 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 shall also include description of siding and roofing material in sufficient detail as to make possible determination as to its appearance and durability. Cc. Standards for Determination of Acceptable Similarity in Exterior Appearance and Construction. The following standards shall be used in determinations of acceptable similarity in appearance and construction between mobile homes with permanent foundation and residences constructed on the site to assure that such mobile homes will be compatible in appearance with site-built housing that has been or may be constructed in adjacent or nearby locations. 1. No mobile homes shall have fenestration or other features, or use colors or color combinations 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. 3. The roofing material shall be shake, tile, composition shingle, or other materials commonly found on conventionally built homes in the surrounding areas. 4. The exterior covering material shall be similar or closely compatible to that found on conventionally built residential structures in the surrounding area. Reflection from such exterior shall not be greater than from siding coated with clean, white, gloss, exterior enamel. 5. The exterior covering material shall extend to the ground. If a solid concrete or masonry perimeter foundation is used, the exterior covering material shall extend below the top of the foundation. 6. The exterior covering and roofing materials of the garage(s), carport(s) and accessory buildings shall be compatible with the materials on the mobile home. 01/23/92 170 10. The finished floor shall be a maximum of twenty-four inches above the exterior finished grade of the lot, or similar to the conventionally built homes in the surrounding area. The mobile home shall be so located on the lot that the portion nearest the principal street frontage is at least thirty-four feet in total length when measured as a line parallel to the street. Such dimension shall be measured from outer extremities, including eaves, and shall include any additions to the main body of the mobile home, such as living or recreation rooms, garages, carports, utility rooms, and the like, the front portions of which are within 10 feet of the front of the main body of the mobile homes. Mobile 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. Mobile homes shall 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. Cc. Actions by Planning Director Upon receipt of an application as required by Section 18.50.180.B, the Planning Director shall make a decision to approve or disapprove of the application within fifteen days, or he may make referral to the Planning Board. Referrals to the Planning Board shall be placed on the agenda for its regular meeting. Within five days after receipt of recommendations the Planning Board, the Planning Director shall make a determination as to conformity with Section 18.50.180.C, Standards for Determination of Acceptable Similarity in Exterior Appearance, notifying the applicants of approval or disapproval. In the case of disapproval, the reasons therefore shall be stated in writing. . 01/23/92 171 CHAPTER 18.51 DESIGN REVIEW BOARD (DRB) AND DEVELOPMENT REVIEW COMMITTEE (DRC) 18.51.010 PURPOSE OF DESIGN REVIEW BOARD AND DEVELOPMENT REVIEW A. COMMITTEE Purpose The Design Review Board and the Development Review Committee are established to coordinate, expedite and assure fair, equitable implementation of this ordinance. The objective, to be implemented through their procedures and deliberations, shall be to encourage development quality that will enhance both the natural and built environments, with full consideration to present and future property values. Development Review Committee Procedures Established To implement this purpose, certain procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or bi-weekly meeting attended by representatives of each of the City or County departments charged with development review, each representative of which shall have decision making capability and authority (veto power). Tape recorded and written meeting reviews setting forth decisions, commitments, and directives shall be made. These records shall be preserved as part of the official proceedings for each development proposal. Lastly, the DRC shall prepare and adopt procedural rules that will assure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the developmental review process. 1. The Committee shall at a minimum be composed of the following personnel: Director of Public Service or designee, Fire Marshall or designee, the Superintendent of Streets/Garbage or designee, the Superintendent of Water/Sewer or designee, the City-County Planning Director or designee, and the Building Official or designee. When necessary, other members of the Committee may include: the Police Chief or designee, the Superintendent of Parks/Cemetery or designee, the Recreation Superintendent or designee, the City Manager or designee, with other individuals to be included as necessary at the City-County Planning Director’s request. When applicable, County personnel may be included on the Committee, including the County Subdivision Review Officer or designee, the County Sanitarian or designee, the County Road Superintendent or designee, with other individuals to be included as necessary at the County Commission’s request. 1/23/92 172 Design Review Board Procedures Established To implement this purpose, certain procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or bi-weekly meeting attended by members of the Board. Tape recorded and written meeting reviews setting forth decisions, commitments, and directives shall be made. These records shall be preserved as part of the official proceedings for each developmental proposal. Lastly, the DRB shall prepare and adopt procedural rules that will assure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the design review process. 1. The Board shall consist of six (6) professional and two (2) non-professional members as follows: Professional members degreed in their respective disciplines or the substantial equivalent thereof -- four architects, one architectural historian, and one landscape architect or landscape designer; Non-professional members -- individuals with a demonstrated interest in and knowledge of urban design and/or historic preservation. No member of the Design Review Board shall serve concurrently as a member of the Bozeman City-County Planning Board. The presence of three (3) professional members at a Design Review Board meeting shall constitute a quorun." A quorum of the DRB shall be three members, of which two must be professional members, and one of the professional members must be an architect. 18.51.020 GENERAL PROCEDURES, NOTICE AND TIMING 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 and/or DRB 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. No application or appointment is required and no further action is necessary. Formal Application An application for DRC and/or DRB 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, etc. as outlined in Chapter 18.52. It is recommended that the applicant discuss the application 1/23/92 173 informally with the DRC, DRB, or Planning Director 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. Public Notice When the applicant’s proposal is fully and properly prepared and accepted for consideration, the Planning Director will cause the following actions to occur at least 10 days prior to the next available regularly scheduled meeting of the DRC and/or DRB: 1. Property owners within two hundred (200) feet of the subject property shall be sent a written notice indicating the location and general intent of the proposal and scheduled public meetings and appeal process and hearing(s); specifying the date, number, time and place for said hearings. It shall specify the name and address of the applicant, the name and address of the owner of record of the property, a legal description of the property affected, the street address or its location by approximate distances from the nearest major street or road intersections so the property can be readily identified, and a brief statement of the nature of the hearings. Notice may also be provided to property owners in any additional area that may be substantially impacted by the proposal as determined by the Planning Director. 2s One or more notices containing the same information as stated in 1. above shall be placed in conspicuous locations on the subject property. 3. The applicant’s proposal, along with plans and related information shall be made available at the Planning Office for public review. 4. When required by ordinance or statute, certain projects may require advertisement in a newspaper of general circulation. Public Comment The period for public comment shall be ten (10) days. Comments, if any, shall be in writing and shall be directed to the Planning Director and shall be available for inspection by the general public. The applicant may respond to the comments as he/she may feel appropriate. 1/23/92 174 E. DRC and/or DRB Action By day 14 from the date of the regularly scheduled DRC and/or DRB meeting at which the applicants’ proposal was initially reviewed, the DRC and/or DRB shall take action to approve, approve with conditions, or deny the applicant’s proposal. F, Plan Appeals Procedure The applicant or certain other parties may appeal a decision of the DRC and/or DRB. The criteria for appeals is set forth in Chapter 18.58, Plan Appeals Procedure. 1/23/92 175 CHAPTER 18.52 PLAN REVIEW AND APPROVAL 18.52.010 INTRODUCTION All development proposals within the zoning jurisdictional area of the City of Bozeman will be subject to Plan Review and Approval. Depending on the complexity of development, either Sketch Plans or Site Plans will be required as specified in this Chapter. Special Development Proposals (i.e. PUDs, CUPs, Variances, mobile homes located on individual lots, etc.) require other information to be submitted in conjunction with Sketch Plans or Site Plans and are subject to requirements specific to the type of proposal. These additional submittal requirements and review procedures are outlined in Section 18.52.040. When a development is proposed within a Neighborhood Conservation or Entryway Corridor Overlay District, or proposes signs which do not specifically conform to zoning requirements, Design Review is required in conjunction with either Sketch Plan or Site Plan Review. In such cases, additional submittal requirements and review procedures apply as outlined in section 18.52.050. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of Sketch or Site Plans, providing that such activity does not include excavation for foundations or the removal of mature, healthy vegetation. 18.52.020 SKETCH PLAN REVIEW A. Sketch Plan Submittal Requirements Certain independent development proposals (i.e. not in conjunction with other development) are required to submit only Sketch Plans, drawn to scale and in sufficient detail to demonstrate compliance with all zoning requirements. Sketch Plans shall be oriented with north at the top of the page and shall also show site boundaries, street and alley frontages with names, and location of all structures with distances to the nearest foot between buildings and from buildings to property lines. - 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 Section 18.52.050). Examples of independent projects which qualify for Sketch Plan Review are: individual single family, two-family, three- 1/23/92 176 family, and four-family units, units, each on individual lots; mobile homes on individual lots; fences; signs in compliance with zoning requirements; special temporary uses; home occupations; and accessory structures associated with these uses. Other similar projects may be determined by the Planning Director to require only Sketch Plan Review. The Planning Director shall determine all submittal requirements. Sketch Plan Review Procedures 1. No Certificate of Appropriateness Required Sketch Plans for projects which do not require a Certificate of Appropriateness shall be submitted to the Planning Staff for a determination of compliance with zoning requirements. Once compliance is achieved, the’ application will be approved for construction or referred to the appropriate permitting authorities. 2. Certificate of Appropriateness Required Sketch Plans and such additional information as may be required for projects which require a Certificate of Appropriateness as per Section 18.52.050 shall be submitted to the Planning Staff and forwarded to the Design Review Board. The Planning Staff shall review the proposal for zoning compliance and report the findings to the Design Review Board. The Design Review Board shall then review the proposal subject to the provisions of Section 18.52.0500. Sketch Plan Review Criteria Sketch Plans shall be reviewed for compliance with all applicable zoning requirements including overlay district requirements. 18.52.030 SITE PLAN REVIEW A. Classification of Site Plans For purposes of this Ordinance, Site Plans will be classified as Major or Minor Site Plans. All developments within the zoning jurisdiction of the City of Bozeman, except individual single family and two-family residential units, each on individual lots, and other development proposals requiring only Sketch Plan Review, shall be subject to this Section. A Major Site Plan involves one or more of the following: * Twelve (12) or more dwelling units in a multiple family structure or structures. 1/23/92 177 * 15,000 or more square feet of - office space - retail commercial space - service commercial space - industrial space * More than one building on one site for - permitted office uses permitted retail commercial uses permitted service commercial uses permitted industrial uses permitted combinations of uses * 20,000 or more square feet of exterior storage of materials or goods. x Parking for more than forty (40) vehicles. Any other Site Plan, except those that are part of a Planned Unit Development or Conditional Use Permit, will be considered a Minor Site Plan. Any Conditional Use Permit application shall he reviewed according to the regulations in Chapter 18.53 of this Ordinance. Any Planned Unit Development shall be reviewed according to the regulations in Chapter 18.54 of this Ordinance. Review Authority The Planning Board has the right to review and require revisions to any proposed Site Plans, Major or Minor. The purpose of this review is to prevent demonstrable adverse impacts of the development upon public safety, health, or welfare; to protect public investments in roads, drainage facilities, sewage facilities, and other facilities; to conserve the value of adjoining buildings and/or property; and to ensure that the applicable regulations of the City of Bozeman are upheld. However, the Planning Board hereby authorizes the Development Review Committee and/or the Design Review Board to review and approve Minor Site Plans, subject to the appeal provisions outlined in Chapter 18.58. Application of Site Plan Review Procedures 1. These procedures shall apply to all developments within the zoning jurisdiction of the City of Bozeman except for individual single family and two family residential 1/23/92 178 D. Site units, each on individual lots, or to other development proposals requiring only Sketch Plan review. The Site Plan shall be submitted and approved prior to the issuance of any building permit. No Occupancy Permits shall be issued for any development for which Site Plan Review is required until certification has been provided demonstrating that all terms and conditions of Site Plan Approval have been complied with. Plan Submittal Requirements 1/23/92 Applications for all Site Plan Approvals shall be submitted to the Planning Office on forms provided by the Planning Director. The Site Plan application shall be accompanied by the appropriate fee and development plans showing sufficient information for the City Commission, Planning Board, Design Review Board, or Development Review Committee to determine whether the proposed development will meet the development requirements of the City. Unless otherwise specified, twenty (20) copies of the application and required supplemental information addressing the following shall be submitted: a. General Information (1) name of project/development; (2) location of project/development by street address and legal description; (3) location map, including area within one-half mile of site; (4) name and mailing address of developer and owner; (5) name and mailing address of engineer/architect, landscape architect and/or planner; (6) date of plan preparation and changes; (7) north point indicator; (8) suggested scale of 1" to 20’, but not less than 1" to 100’; 179 1/23/92 (9) list of names and addresses of property owners within two hundred (200) feet of site, using last declared County real estate tax records; (10) stamped, unsealed envelopes addressed with names of above property owners; (11) zoning classification within two hundred (200) feet; (12) Listing of specific land uses being proposed; and (13) complete, signed application. Site Plan Information The following information is required whenever the requested information pertains to: 1) zoning or other regulatory requirements; 2) existing conditions on-site; or 3) conditions on-site which would result from the proposed development. (1) boundary line of property with dimensions; (2) location, identification and dimension of the following existing and proposed data, on site and to a distance of 100 feet outside Site Plan boundary unless otherwise stated: (a) topographic contours at a minimum interval of two feet, or as determined by the Planning Director (b) adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to major arterial streets where the distances shall be 200 feet (c) on-site streets and rights-of-way (a) ingress and egress points (e) traffic flow on-site (f) traffic flow off-site (g) utilities and utility rights-of-way or easements: (i) electric (ii) natural gas 180 1/23/92 (h) (i) (3) (xk) (1) (m) (n) (0) (P) (iii) telephone, cable TV (iv) water (v) sewer (sanitary, treated effluent and storm) Parcel size(s) in gross acres and square feet. buildings and structures Estimated total floor area and estimated ratio of floor area to lot size (Floor Area Ratio, FAR), with a breakdown by land use. Proposed coverage of buildings and structures for parcel(s) and total site, including the following: (i) Percentage and square footage of building coverage. (ii) Percentage and: square footage of driveway and parking. (iii) Percentage and square footage of open space and/or landscaped area. surface water holding ponds, streams and irrigation ditches, watercourses, water bodies, and wetlands. Floodplains as designated on the Federal Insurance Rate Maps. grading and drainage plan, including provisions for on-site retention/detention and water quality improvement facilities as required by the City engineering department, oor in compliance with any adopted = storm G@rainage ordinance. significant rock outcroppings, slopes of greater than 15%, or other significant topographic features detailed plan of all parking facilities: including circulation aisles, access drives, bicycle racks, compact spaces, 181 1/23/92 (q) (xr) (s) (t) (u) (v) (w) (x) (y) (Zz) handicapped spaces and motorcycle parking. sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical details provision for handicapped accessibility, including but not limited to wheel chair ramps, parking spaces, hand rails, and curb cuts fences and walls, including typical details exterior signs exterior refuse collection areas, including typical details exterior lighting, including typical details landscaping (detailed plan showing plantings, equipment, and other appropriate information as required in Section 18.50.100) (i) landscape legend, including botanical and common names of vegetation to be used (ii) size of plantings at time of planting and at maturity (iii)areas to be irrigated Unique natural features, significant wildlife areas, and vegetative cover, including existing trees and = shrubs having a diameter greater than two and one-half (2 1/2) inches, by species. snow storage areas Location of municipal and extra- territorial boundaries within or near the development. (zz) Existing zoning. 182 (3) number of employee and non-employee parking spaces, existing and proposed, and total square footage of each. (4) site statistics including site square footage, non-residential building square footage, percent of site coverage (building and parking), net dwelling unit density, percent park or open space. (5) total number, type, and density per type of dwelling units, and total gross residential density and density per residential parcel. (6) a reproducible copy of the Site Plan with appropriate signatures shall be submitted upon approval. Cr Building Design Information (On-Site) (1) building heights and elevations of all exterior walls of the building(s) or structure(s). (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. E. Site Plan Review Procedures 1. 1/23/92 Minor Site Plan Minor Site Plans shall be processed for review in the manner prescribed in Chapter 18.51, Design Review Board and Development Review Committee, and Chapter 18.58, Appeals should an appeal be taken. Major Site Plan Major Site Plans shall be initially processed through the DRC and/or the DRB in the manner of a Minor Site Plan; However, the DRC and/or DRB’s action(s) shall not be final but rather, advisory to the Planning Board. Public Notice, appeals and all procedures shall be conducted per the provisions of Chapters 18.51 and 18.58. 183 F. Site Plan Review Criteria In considering applications for Site Plan Approval under this Ordinance, the Development Review Committee, and when appropriate, the Design Review Board, the Planning Board, and the City Commission shall consider the following: 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 1/23/92 relationship of Site Plan elements to conditions both on and off the property; conformance to the City’s Zoning Ordinance; conformance to the City’s Master Plan; all other applicable laws, ordinances and regulations; the impact of the proposal on the existing and anticipated traffic and parking conditions; the consistency of the proposal with respect to land use requirements; pedestrian and vehicular ingress and egress; building location and height; landscaping; lighting; provisions for utilities; site surface drainage; open space; loading and unloading areas; grading; signage; screening; setbacks; overlay district provisions; other related matters, including expressed public opinion. 184 If the Development Review Committee and, if appropriate, the Design Review Board, the Planning Board, or the City Commission shall determine that the proposed Site Plan will not be detrimental to the health, safety, or welfare of the community, is in compliance with the requirements of this Ordinance and is in harmony with the purposes and intent of this Zoning Ordinance and the Bozeman Area Master Plan, approval shall be granted, and such conditions and safeguards may be imposed as deemed necessary. Site Plan Approval may be denied upon determination that the conditions required for approval do not exist. 18.52.040 SPECIAL DEVELOPMENT PROPOSALS: ADDITIONAL APPLICATION A. REQUIREMENTS, REVIEW PROCEDURES, AND REVIEW CRITERIA Application Requirements Applications for Special Development Proposals (PUD, CUP, Flood Plain Development Permits, Variances) shall include: 1. the required information for Major and Minor Site Plans described in Section 18.52.030 2. any additional application information required for specific reviews as listed in the following Chapters: a. 18.44 Flood Hazard District b. 18.53 Conditional Use Permits c. 18.54 Planned Unit Developments d. 18.56 Variances and Administrative Interpretation Appeals Review Procedures and Review Criteria Additional review procedures and review criteria for specific development proposals are defined in the following Chapters: a. 8.44 Flood Hazard District b. 18.53 Conditional Use Permits Cc. 18.54 Planned Unit Developments d. 18.56 Variances and Administrative Interpretation Appeals 1/23/92 185 18.52.050 CERTIFICATES OF APPROPRIATENESS: ADDITIONAL APPLICATION REQUIREMENTS, REVIEW PROCEDURES, AND REVIEW CRITERIA A. Submittal Requirements for Certificates of Appropriateness All development proposals requiring Certificates of Appropriateness (i.e. located in a Neighborhood Conservation or Entryway Corridor Overlay District) shall 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 Certain information shall be provided to the Design Review Board to review prior to granting or denying a Certificate of Appropriateness. All materials to be submitted shall be prepared on 8 1/2" x 11" paper and packaged or bound to fit a standard, letter size file. Applications that involve more voluminous architectural plans and specifications shall be accompanied by simplified sketches, details and supporting documentation, on letter size paper, which synthesize the detailed design documents. The extent of documentation to be submitted on any project shall be dictated by the scope of the planned alteration and the information reasonably necessary for the Design Review Board to make its determination. At a minimum, the following items shall be included in the submission: a. Completed application on form provided by the City-County Planning Office. 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 (8) pictures should be submitted and all pictures shall 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, as per Section 18.52.020 or 18.52.030 of this Ordinance. 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. 1/23/92 186 1/23/92 e. Materials and color schemes to be used. (The effect of color in creating a design character that is appropriate for and compatible with the neighborhood or district will be considered. However, no requirements or conditions pertaining to materials or color schemes shall be imposed unless approved by a unanimous vote of the Design Review Board members present at a regularly scheduled meeting.) 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 City-County Planning Office. i. It is further suggested that the applicant seek comments from the neighborhood or area. Entryway Overlay District Depending on the complexity of development, either Sketch Plans or Site Plans will be required as specified in this Chapter. If the proposal includes an application for a "deviation" as outlined in section 18.43.080, 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 City Commission 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 Chapter 18.43. Sign Proposals Which Do Not Specifically Conform to Zoning Requirements Independent sign proposals (i.e. not in conjunction with other development) which do not specifically conform to zoning requirements, 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 shall be provided. If no Design Objective Plan has been prepared for the location, additional site design 187 information, if necessary, shall be determined by the Design Review Board through the design review process. B. Review Procedures and Criteria for Certificates of Appropriateness 1. Certificates of Appropriateness shall only be issued according to procedures and criteria specified in Chapters 18.42 (Neighborhood Conservation District), 18.43 (Entryway Corridor District), and 18.65 (Sign Code), and Chapter 18.51 which describes the general procedures, notice requirements and timing for all proposals requiring Development Review Committee and/or Design Review Board review. 2. Sign proposals which do not specifically conform to zoning requirements shall be reviewed according to procedures and criteria outlined in Chapter 18.65. 18.52.060 BUILDING PERMITS BASED UPON APPROVED SKETCH OR SITE PLANS Based upon the approved Sketch or Site Plan (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 pursuant to Chapter 18.62 of this Ordinance, provided such building permit is granted within one year of Plan Approval. Prior to lapse of one year, the applicant may seek an extension of one additional year from the Granting Body (DRC, DRB, PB, or City Commission) upon showing reasonable cause for the delay. 18.52.070 AMENDMENTS TO SKETCH AND SITE PLANS A. Intent It is the intent of this section to assure that issues of community concern are addressed during the redevelopment, re- use or change in use of existing facilities in the community. Specific areas of 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, re-use of existing facilities, and further development of sites assure that these concerns are adequately and expediently addressed. B. Amendments of Plans Approved Under this Ordinance Any amendment or modification of a Plan approved under this ordinance (initially adopted February 12, 1990) shall be submitted to the Planning Director for review and possible approval. Proposals for further development, re-use, or change in use of sites developed pursuant to this ordinance 1/23/92 188 shall also be reviewed as an amendment to an approved Plan. All amendments shall be shown on a revised Plan drawing. Amendments to approved Plans shall be reviewed and may be approved by the Planning Director upon finding 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 shall be resubmitted as a new application and shall be subject to all Plan review and approval provisions of this Chapter. Re-use, Change in Use, or Further Development of Sites Developed Prior to the Adoption of this Ordinance Sites legally developed prior to the adoption of this ordinance shall be considered to have developed under an approved Plan. Proposals for re-use, change in use, or the further development of sites legally developed prior to the adoption of this ordinance may be approved by the Planning Director upon finding that no significant alteration of the previous use and site are proposed, and upon review by the Public Service Director to assure that adequate access and site surface drainage are provided. All such proposals shall be shown on a Plan drawing as required by the Planning Director. The criteria for determining that no significant alteration of the previous use and site will result from the proposed re- use, change in use, or further development of a site shall 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 non-conforming uses must comply with the provisions of Section 18.50.160 F. 2. Changes proposed for the site, singly or cumulatively, do not increase lot coverage by buildings, storage areas, parking areas, or impervious surfaces by more than twenty (20) percent, nor add more than twenty (20) percent in assessed value to the property. Sk Changes proposed for the site, singly or cumulatively, do not result in more than a twenty (20) percent increase in intensity of use as measured by parking requirements, traffic generation or other measurable off-site impacts. 4. 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. 1/23/92 189 If it is determined that the proposed re-use, change in use, or further development of a site contains significant alterations to the previous use and/or site, the application shall be resubmitted as a new application and shall be subject to all Plan review and approval provisions of this Chapter. When proposals for re-use, change in use, or further development of a site are located in Entryway Corridor or Neighborhood Conservation Overlay Districts, review by the Design Review Board may be required to determine whether resubmittal as a new application is necessary. 18.52.080 APPEALS Appeals of decisions rendered in conjunction with any Plan Review may be taken as set forth in Chapter 18.58, Plan Appeals Procedure. 1/23/92 190 CHAPTER 18.53 CONDITIONAL USE PROCEDURE 18.53.0100 GENERALLY Certain uses, while generally not suitable in a particular Zoning District, may, under certain circumstances, be acceptable. When such circumstances exist, a Conditional Use Permit may be granted. Conditions may be applied to the issuance of the permit and periodic review may be required. The permit shall be granted for a particular use and not for a particular person or firm. No Conditional Use Permit shall be granted for a use which is not specifically designated as a conditional use in this Ordinance. 18.53.020 APPLICATION FOR CONDITIONAL USE PERMIT ~— NOTICE REQUIREMENTS The person applying for a Conditional Use Permit shall fill out and submit to the Planning Director the appropriate form, with the required fee. The request for a Conditional Use Permit shall follow the procedures and application requirements of Chapter 18.51, DESIGN REVIEW BOARD AND DEVELOPMENT REVIEW COMMITTEE, and Chapter 18.52, Site Plan Approval, of this Ordinance. In addition to the notice requirements described in Chapter 18.51, notice of the Planning Board hearing and City Commission approval or rehearing of Conditional Use Permit applications shall be published at least once in the Bozeman Chronicle, the official newspaper of the City of Bozeman, not more than forty-five days nor less than fifteen days prior to the scheduled public hearings and approvals, specifying the date, number, time and place for said hearings and approvals. It shall specify the name and address of the applicant, the name and address of the owner of record of the property, a legal description of the property affected, the street address or its location by approximate distances from the nearest major street or road intersections so the property can be readily identified, and a brief statement of the nature of the hearings and approvals. The notice shall provide a map of the area in question so as to indicate its general location and proximity to surrounding properties. 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 Board’s recommendation on the Conditional Use Permit shall not be effective until zoning has been approved by the City Commission. 18.53.030 CITY COMMISSION CONSIDERATION AND FINDINGS The City Commission, in approving a Conditional Use Permit, shall find as follows: 1/23/92 191 That the site for the proposed use is adequate in size and topography to accommodate said use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. That the proposed use will have no adverse effect upon the abutting property. That the proposed use shall be in conformance with the Bozeman Area Master Plan. That the Conditional Use has complied with all conditions stipulated in Section 18.50 of this Ordinance. 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: 1. Regulation of use 2. Special yards, spaces and buffers 3. Special fences, solid fences and walls 4. Surfacing of parking areas 5. Requiring street, service road or alley dedications and improvements or appropriate bonds 6. Regulation of points of vehicular ingress and egress 7. Regulation of signs 8. Requiring maintenance of the grounds 9. Regulation of noise, vibrations, odors 10. Regulation of hours for certain activities 11. Time period within which the proposed use shall be developed 12. Duration of use 13. Requiring the dedication of access rights 1/23/92 192 14. Other such conditions as will make possible the development of the City in an orderly and efficient manner G. The Commission shall, in addition to all other conditions, impose the following general conditions upon every Conditional Use Permit granted: 1. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. 2. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns. 3. That all conditions specifically stated under any Conditional Use listed in this Ordinance shall apply and be adhered to by the owner of the land, successors or assigns. 4. That all of the special conditions shall be consented to in writing by the applicant. Applications for Conditional Use Permits may be approved or denied by motion of the Commission. If an application is denied, the denial shall constitute a finding that the applicant has not shown that the conditions required for approval do exist. 18.53.0040 NOTIFICATION OF COMMISSION ACTION The applicant shall be notified in writing of the action taken by the Commission within seven days of its action. If the application has been granted, the Permit shall be issued upon the signature of the Planning Director, and any conditions, automatic termination date, or period of review shall be stated on the permit. 18.53.050 MODIFICATION OR ENLARGEMENT OF STRUCTURES AUTHORIZED UNDER A CONDITIONAL USE PERMIT Any proposed additions, enlargements or modifications of the structures approved in any Conditional Use Permit or any proposed extension of the use into areas not approved in any such permit, shall be subject to "Site Plan Approval" Chapter 18.52 and Chapter 18.53 of this Ordinance. 1/23/92 193 CHAPTER 18.54 PLANNED UNIT DEVELOPMENT 18.54.010 RESERVED 18.54.020 INTENT OF PLANNED UNIT DEVELOPMENT It is the intent of the City of Bozeman, through the use of the Planned Unit Development (P.U.D) concept, to promote maximum flexibility and innovation in the development of land and the design of development projects within the zoning jurisdiction of the City of Bozeman. Specifically, with regard to the improvement and protection of the public health safety and welfare, it shall be the intent of this Ordinance to promote the City’s pursuit of the following community objectives: A. To ensure that future growth and development occurring within the zoning jurisdiction of the City of Bozeman is in accord with the City’s adopted Master Plan, its specific elements and its goals, objectives and policies; B. To encourage innovations in land development and redevelopment so that greater opportunities for better housing, recreation, shopping and employment may extend to all citizens of the Bozeman area; c. To foster the safe, efficient and economic use of land and transportation and other public facilities; D. To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks; E. To avoid inappropriate development of lands and to provide adequate drainage and reduction of flood damage; F. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; G. To promote the use of bicycles and walking as effective modes of transportation; H. To reduce energy consumption and demand; I. To minimize adverse environmental impacts of development and to protect special features of the geography; J. To improve the design, quality and character of new development; 1/23/92 194 To encourage development of vacant properties within developed areas; To protect existing neighborhoods from the harmful encroachment of newer, incompatible developments; and 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. 18.54.030 APPLICATION AND USES OF A PLANNED UNIT DEVELOPMENT A. D. A planned unit development may be applied to any development having one or more principal uses or structures on a single parcel of ground or contiguous parcels of ground. Any use or combination of uses may be allowed in a Planned Unit Development provided such uses are consistent with the Bozeman Area Master Plan. All planned unit developments shall consist of a harmonious arrangement of uses, buildings, parking areas, circulation and open spaces. All planned unit developments shall be designed as an integrated unit, in such a manner as to constitute a safe, efficient and convenient development. Any planned unit development shall be considered as a conditional use within the zoning district in which it is to be located. The City Commission retains final approval authority for Planned Unit Developments. 18.54.040 SPECIAL CONDITIONS OF A PLANNED UNIT DEVELOPMENT The following special conditions shall apply to any planned unit development. A. Single Ownership The tract or parcel of land involved shall be either in one (1) ownership or the subject of an application filed jointly by the owners of all the property to be included. Title Holdings The approved final plan shall specify the manner of holding title to areas and facilities of joint use. Normally such areas and facilities shall be retained in title by the developers of the development or deeded to an organization composed of all owners in the development. 1/23/92 195 Residential Planned Unit Developments The permitted number of residential dwelling units shall be determined by the provision of and proximity to public services. Use of General Building and Development Standards All planned unit developments shall be reviewed against the General Building and Development Standards established in Chapter 18.50. However, the General Building and Development Standards will be used only as a guide. Approval of a planned unit development shall rest upon 4a finding by the City Commission, as proved by the applicant for a planned unit development, that the intent of the General Building and Development Standards is achieved. Establishing Additional Standards In addition to, or in lieu of, the General Building and Development Standards, the City shall have the right to establish general design standards, guidelines and policies, for the purpose of implementing and interpreting the provisions of this Chapter. Conformance to Sign Code All signs proposed in conjunction with a planned unit development shall be reviewed against the provisions of the Bozeman Sign Code, Chapter 18.65. All signage must be approved as part of the PUD and shall be designed as an integral element of the overall planned unit development. Approval of signs within a planned unit development shall rest upon a finding by the City Commission, as proved by the applicant, that the intent of the Sign Code is achieved. 18.54.050 PLANNED UNIT DEVELOPMENT REVIEW PROCEDURES AND CRITERIA Approval of a planned unit development shall consist of three procedural steps: ° Concept Plan Review - Discussion with the Development Review Committee and the Design Review Board 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 solutions to those problems before formal application. Planned unit developments proposing uses not otherwise allowed in the underlying zoning district shall also submit the conceptual proposal to the Planning Board and City Commission for conceptual review. 1/23/92 196 B. Preliminary Plan Approval - Submittal oof sufficient information 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 Development Review Committee, Design Review Board, Planning Board and City Commission. A planned unit development that will be developed in phases must submit either a preliminary plan for all phases or else submit a preliminary plan for the initial phase or phases and submit development guidelines for all subsequent phases. Final Plan Approval - The final plan must be in compliance with the approved preliminary plan and/or development guidelines except as provided for in 18.54.050.C.2.a, and shall be reviewed and approved by DRC and DRB. Concept Plan Review A concept plan review is mandatory for all planned unit development proposals. 1. Review Procedures This is an opportunity for applicants to discuss requirements, standards, and policies that apply to development proposals and to identify major problems, so that they can be solved before a formal application is made. Concept plan review meetings will be held by the Development Review Committee and the Design Review Board and will provide guidance for Planned Unit Development applications. The general outline of the Planned Unit Development proposal, presented as graphic sketch plans, shall be submitted by the applicant and reviewed by the Development Review Committee and Design Review Board. Thereafter, the Planning Director shall furnish the applicant with written comments regarding such conference, including appropriate recommendations to inform and assist the applicant prior to preparing the components of the Planned Unit Development application. Planned unit developments proposing uses not otherwise allowed in the underlying zoning district shall also submit the proposal to the Planning Board and City Commission for conceptual review. Preliminary Plan Review and. Approval lye Application Process Upon completion of Concept Plan Review and receipt of the Planning Director’s comments on the concept plan, an application for preliminary plan approval may be filed with the Planning Director. If the development project 1/23/92 197 1/23/92 is to be developed in phases and all phases are not fully detailed in the preliminary plan, development guidelines shall be required for all phases not fully detailed. For good cause shown and unique circumstances, or for proposals containing only one principal use, the Planning Director may permit the application of a final plan to be concurrent with the preliminary plan application. Hearings The Planning Board and City Commission shall hold public hearings on the Preliminary Plan. A notice announcing the dates, times, places and purpose of the hearings shall be mailed at least fifteen (15) days before the day of the first hearing to each owner of property situated wholly or partly within 200 feet of the property to which the Planned Unit Development relates. The Planning Director shall be responsible for placing and mailing such notices. In lieu of mailing the notices, they may be delivered personally. For purposes of giving mailed notice, the Planning Director shall require the applicant to furnish a list of the names and addresses of all property owners within 200 feet of the property, with stamped envelopes addressed to each of the listed property owners. Such list shall certify that the names and addresses of the property owners are according to the last declared County real estate tax records. In addition, notice of the hearings shall be published in the Bozeman Chronicle pursuant to Section 18.53.020. Review Criteria In reviewing applications for Planned Unit Development approval, the following shall be considered: a. Interrelationship of the preliminary plan elements to conditions both on and off the property; b. Conformance to the Bozeman Area Master Plan; c. The impact of the plan on the existing and anticipated traffic and parking conditions; d. The adequacy of the plan with respect to land use; e. Pedestrian and vehicular ingress and egress, including handicapped accessibility f. Architectural design; 198 g. Landscaping; h. Provisions for utilities; i. Site drainage; Ja Open space, public land dedications, and view corridor preservation k. Grading; 1. Conformance to the Intent of the Planned Unit Development Chapter (18.54.020) m. Conformance with all applicable objectives and criteria of Section 18.54.100 n. Other related matters. Planning Board Recommendations After conducting public hearing, the Planning Board shall recommend the approval, conditional approval, or denial of the preliminary plan to the City Commission and shall include in such recommendation the findings of the Board upon which such recommendation was determined. If no recommendation is made by the Planning Board, a record of the Planning Board hearing shall be forwarded to the City Commission. Preliminary Plan Approval The City Commission, after review by the Planning Board, and after conducting a public hearing, may approve, disapprove, or approve with conditions the proposed Planned Unit Development. Approval of a preliminary plan shall not guarantee approval of the final plan; rather it shall be deemed an expression of approval of the layout, densities, and proposed impact mitigation measures submitted on the preliminary plan as a guide to the preparation of the final plan. Cc. Final Plan Review and Approval 1. 1/23/92 Application Process Upon approval or conditional approval of a preliminary plan by the City Commission, an application for a final plan approval may be submitted. However, for good cause shown and unique circumstances, or for proposals containing only one principal use, the Planning Director 199 1/23/92 may permit the application of a final plan to be concurrent with the preliminary plan application. Review Criteria a. Compliance with Preliminary Plan For approval to be granted the final plan shall be in compliance with the approved preliminary plan. This shall mean 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 number of residential dwelling units by more than two percent (2%). (3) The final plan does not decrease the open space provided on the preliminary plan by more than five percent (5%). (4) The final plan does not contain changes that do not conform to the objectives and criteria of Section 18.54.100. Final Plan Approval The DRC and DRB may approve, disapprove, or approve with additional conditions, the proposed planned unit development if it conforms with the approved preliminary plan in the manner described above. Amendments to Final Plan Building permits and other development approvals shall be 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: a. Minor Changes Minor changes to a planned unit development may be approved administratively and in writing, if at all, by the Planning Director, whereupon a permit may be issued. Such changes may be authorized without additional public hearings, at the discretion of the Planning Director. This provision shall not prohibit the Planning Director 200 from requesting a recommendation from the Planning Board. Minor changes shall not affect the location and placement of buildings, a change of uses, the shape and arrangement of lots and blocks, the allocation of reserved open space, increases in density and/or intensity of the project or, in general, the overall design or intent of the project. b. Major Changes Major changes to a planned unit development shall be approved, if at all, only by the City Commission, and must follow the same planned unit development review and public hearing process required for approval of preliminary plans. For planned unit developments, major changes shall be defined as follows: (1) A change in the character of the development. (2) An increase of greater than one percent (1%) in the approved number of residential dwelling units. (3) An increase of greater than two percent (2%) in the improved gross leasable floor areas of retail, service, office, and/or industrial buildings. (4) A reduction by greater than two percent (2%) in the approved open space. (5) A change in the location and placement of buildings. (6) An increase in the problems of traffic circulation and public utilities. (7) Any change in the development that would normally cause the project to be disqualified under the applicable criteria of Section 18.54.100. 18.54.060 PLAN SUBMITTAL REQUIREMENTS For each stage of the review process, the information and data described below shall be submitted unless the Planning Director determines that the information is unnecessary for the proper evaluation of the development based on the findings of the Concept 1/23/92 201 Plan Review. Only after the Planning Director or his designee has determined that all required information has been submitted will the application be processed. A. Submittal Requirements for Concept Plans The following information and data shall be submitted for Concept Plan review: 1. 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. Conceptual (sketch) drawing showing the proposed location of the uses of land, major streets and other significant feature on the site and within one-half mile of the site. A computation table showing the site’s proposed land use allocations by location and as a percent of total site area. B. Submittal Requirements for Preliminary Plans The following information and data shall be submitted for Preliminary Plan review: 1. 1/23/92 Document Requirements The following information shall be presented in an 8 1/2" x 11" vertically bound document. The document shall be bound so that it will open and lie flat for reviewing and organized in the following order: a. Application forms 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. Legal description of the site. d. A copy of the list of the names and addresses of all owners of record of real property within 400 feet of the property lines of the parcel of land for which the Planned Unit Development is proposed, exclusive of public rights-of-way. The original list shall be included in the document. A listing of the names and addresses typed on stamped envelopes shall be submitted separately. 202 1/23/92 e. A statement of planning objectives, including: (1) Statement of applicable City land use policies and objectives achieved by the proposed plan and how it furthers the implementation of the Bozeman Area Master Plan. (2) Statement of: a) proposed ownership of public and private open space areas; and b) applicant’s intentions with regard to future ownership of all or portions of the Planned Unit Development. (3) Estimate of number of employees for business, commercial and industrial uses. (4) Description of rationale behind the assumptions and choices made by the applicant. (5) The applicant shall submit as evidence of successful completion of the applicable Community Design Objectives and Criteria of Section 18.54.100, documentation pursuant to these regulations for each proposed use. The applicant shall 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 Planning Director may require, or the applicant may choose to submit, evidence that is beyond what is required in that section. Any variance from the criterion shall be described. (6) Detailed description of how conflicts between land uses are being avoided or mitigated. (7) Statement of design methods to reduce energy consumption, (e.g. home/business utilities, transportation fuel, waste recycling). A development schedule indicating the approximate date when construction of the Planned Unit Development, or stages of the same, can be expected to begin and be completed, including the proposed phasing of construction of public improvements and recreational and common space areas. Reduced versions of all preliminary plan and supplemental plan maps and graphic illustrations at 8 1/2" x 11" or 11" x 17" size. 203 1/23/92 Site Plan Requirements A site plan of the proposed development drawn at a scale of one (1) inch equals one hundred (100) feet, sixty (60) feet, fifty (50) feet or forty (40) feet and composed of one or more sheets with an outer dimension of twenty-four by thirty-six (24 x 36) inches, showing the information required for site plans in Section 18.52.030.D plus the following additional information: a. b. Percentage and square footage of public street right-of-way. Percentage and square footage of "active recreational use" area. Boundary and square footage of each area designated as active recreational use. Location and acreage of common open areas and all public and semi-public land uses, including public parks, recreation areas, school sites, and similar uses. Location of existing and proposed pedestrian circulation systen, including its interrelationships with the vehicular circulation system, indicating the proposed treatment of points of conflict. The existing and proposed circulation system of arterial, collector and local streets, including: 1) off-street parking areas; 2) service areas; 3) loading zones; and 4) major points of access to public rights-of-way, including major points of ingress and egress to the development. Notations of proposed ownership, public or private, should be included where appropriate. The proposed treatment of the perimeter of the Planned Unit Development, including materials and techniques used, such as screening, fences, walls and other landscaping. Adjacent site information Area shown on the site plan shall extend beyond the property lines of the proposal to include a survey of the area and uses within 200 feet of the proposal, exclusive of public right-of-way at the Same scale as the proposal and including the following: 204 3. 1/23/92 (1) (2) (3) (4) (5) Land uses and location of principal structures. Densities of residential uses. Existing trees and major features of landscape. Topographic contours at two-foot intervals, unless otherwise permitted by the Planning Director. Traffic circulation system. i. Supplemental vicinity map Vicinity map of the area surrounding the site within a distance of at least one (1) mile showing: (1) (2) (3) (4) Zoning Districts Location of existing municipal boundary lines. Traffic circulation system. Major public facilities including schools, parks, trails, etc. 5. Certificates for the following information: (1) (2) (3) Attorney’s or oowner’s certification of ownership Planning Director certification of approval of the site plan, including a statement of any variances to the Community Design Objectives and Criteria of Section 18.54.100. Owner certification of acceptance of conditions and restrictions as set forth on the site plan. Supplemental Plan Requirements a. Viewsheds (1) 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. 205 1/23/92 (2) Describe and map areas of high visibility on the site as seen from adjacent off-site locations. Recreation and Trails (1) Describe and map all existing and proposed trails, parks and recreation areas within one mile of the site. State the size (in acres) and functions of the parks and recreation areas identified. Historic Resource (1) Describe and map any historic structures or historic districts on the site or within 400 feet. Street Cross Sections If Different From City Standards Street cross section schematics shall be submitted for each general category of street, including: (1) the proposed width; (2) treatment of curbs and gutters; (3) sidewalk systems; and (4) bikeway systems where deviations from the design criteria and standards of the City are proposed. Physiographic data, including the following: (1) A description of soils existing on the site, accompanied by analysis as to the suitability of such soils for the intended construction and proposed landscaping. (2) 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. (3) Locate and identify the ownership of existing wells or well sites within 400 feet of the site. 206 1/23/92 Drainage Plan In addition to all drainage and hydrologic information required in 18.52.030.D, a detailed preliminary drainage report, calculations and/or plan shall be submitted, including: (1) All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc., which may be incorporated into the storm drainage system for the property shall be designated. (2) All plans shall indicate the proposed outlet for the storm drainage from the property, including: (a) the name of the drainageway (where appropriate) ; (b) the downstream conditions (developed, available drainageways, etc.), and; (c) any downstream restrictions. Temporary Facilities Plan A plan of the site showing the location of all temporary model homes, sales offices and/or construction facilities, including temporary signs and parking facilities. Preliminary Subdivision Plat If the project involves or requires platting, a preliminary subdivision plat, subject to the requirements of the City’s Subdivision Ordinance, shall be submitted. Traffic Impact Analysis At the discretion of the Public Service Director a traffic impact analysis shall be prepared based upon the proposed development. The analysis shall include provisions of the approved Development Guidelines, and shall address impacts upon surrounding land uses. The Public Service Director may require the traffic impact analysis to include the following: 207 (1) Land Use and Trip Generation A table of each type of land use, the number of units or square footage, as appropriate, the trip rates used (daily and peak hour) and resulting trip generation. (2) Traffic graphics showing: (a) AM peak hour site traffic (b) PM peak hour site traffic (c) AM peak hour total traffic (d) PM peak hour total traffic (e) total daily traffic (with site generated traffic shown separately) (3) AM and PM Capacity Analysis An AM and PM peak hour capacity analysis shall be provided for: (a) all major drive accesses that intersect collector or arterial streets; (b) and all arterial-arterial, collector- collector, and arterial-collector intersections within one mile of the site, or as directed by the Director of Public Service. (4) Report format shall be as follows: (a) Trip Generation - using Institute of Transportation Engineers Trip Generation Manual (b) Trip Distribution (c) Traffic Assignment (d) Capacity Analysis (e) Evaluation (f) Recommended Access Plan, including access points, modifications and any mitigation techniques (5) Additional Analysis Criteria Appropriate clearance intervals shall be provided for each exclusive movement. 1/23/92 208 1/23/92 (6) Pedestrian movements must be provided for each cycle and pedestrian overpasses shall not be at intersections. Maximum pedestrian walking speeds shall be four feet per second with a minimum "WALK" time of seven’ seconds. Intersection pavement widths shall not exceed that required to provide three through lanes in each direction, dual left-turn lanes and right-turn lanes. Traffic progression will be of paramount importance. Consequently, all potential intersections with signals will be placed on quarter-mile points unless otherwise approved by the Director of Public Service. Intersection Level of Service "C" shall be the design objective and under no conditions will less than Level of Service "D" be accepted for site operations. Arterial intersections and turning operations shall operate at Level of Service "C", If Level of Service "E" is the result of the study, then alternatives of providing Level of Service "D" shall _ be analyzed and included as part of the study. Generally, the design year will be approximately 15 years following construction. Summary Analysis explaining: (a) The proposed access points for the project, their location, and the rationale for their placement in terms of circulation. (b) Future off-site road improvements for access, which roads they will be, the projected time frame for their completion and who is responsible for their completion. (c) ADT and level of service changes to all streets. (ad) How traffic impacts to existing streets will be minimized by the Planned Unit Development. (e) Describe bicycle and pedestrian pathways within the development, if used. 209 j. Additional Studies and Plans The Planning Board or City Commission may require additional impact studies or other plans as deemed necessary for providing thorough consideration of the proposed Planned Unit Development; particularly if the development’s compliance with the Community Design Objectives and Criteria is under question. 4. Reproducible Copy Requirements In addition to the above document, the applicant shall submit the following for review purposes: a. One full size rolled (not folded) mylar of all plans and renderings. b. One 8 1/2" x 11" clear film reduction of all plans and renderings for reproduction and overhead projector use. c. Submittal Requirements for Final Plans 1s Application form. 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. 3ia Site Plan Submittal Requirements 1/23/92 A final plan site plan shall be submitted on a 24" x 36" sheet(s) at the same scale as the approved preliminary plan. If a different scale is requested or required, a copy of the approved preliminary plan shall 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 shall be permitted for final plans. The final plan site plan shall 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. c. Attorney’s or owner’s certification of ownership. 210 Planning Director certification of approval of the site plan and its conformance with the preliminary plan. Owner’s certification of acceptance of conditions and restrictions as set forth on the site plan. 4. Supplemental Plans a. 1/23/92 Final Landscape Plan A final landscape plan consistent with the conditions and restrictions of the approved preliminary plan shall be submitted. It shall also be consistent with the City of Bozeman Landscape Ordinance, Chapter 18.50.100 of the Zoning Ordinance, except that any stated conditions and restrictions of the preliminary plan approval shall supersede the landscape ordinance. Final Subdivision Plat An official final subdivision plat of the site must accompany the final planned unit development plan. This plat must conform to the subdivision requirements of the City, except as waived by the approved preliminary plan for the Planned Unit Development. The subdivision shall contain proper dedications for public streets, utility easements, and all other public rights required by the preliminary plan. Approval by the City Commission of the final subdivision plat shall be required before filing of the subdivision plat or issuance of building permits. Final Utility Plans Prior to submission of the Final Plan to the DRC and DRB, final detailed engineering plans for sewer, water, electrical, street improvements and other public improvements, and an executed agreement in proper form providing for the installation of such improvements, must be submitted to and approved by the City. Open Space Maintenance Plan (1) Maintenance of Community Open Spaces The developer shall submit a legal instrument setting forth a plan providing for the 211 1/23/92 (2) permanent care and maintenance of open spaces, recreational areas, communally owned facilities, and parking lots. The same shall be submitted to the City Attorney and shall not be accepted by the City until approved as to legal form and effect. If the common open space is deeded to a homeowner’s association, the applicant shall file the proposed documents governing the association. Such documents shall meet the following requirements: (a) The homeowners’ association must be established before any residences are sold. (b) Membership in the association must be mandatory for each residence owner. (c) Open space restrictions must be permanent and not for a period of years. (a) The homeowners’ association must be made responsible for liability insurance, taxes and maintenance of recreational and other facilities. (e) The association must have the power to levy assessments which can become a lien on individual premises for the purpose of paying the cost of operating and maintaining common facilities. (£) The governing board of any such association shall consist of at least five (5) members who shall be owners of property in the Planned Unit Development. Open Space Maintenance Guarantee In the event the organization or any successor organization established to own and maintain common. open spaces, recreational areas, communally owned facilities and private streets, shall at any time fail to maintain the common facilities in reasonable order and condition in accordance with the approved plan, the City Commission may cause written notice to be served upon such organization or upon the owners of property in the development setting forth the manner in which the common facilities have failed to be maintained in 212 1/23/92 reasonable condition, which notice shall include the demand that the deficiencies noted be cured within thirty (30) days thereafter and shall state the date and place of a hearing to be held within fourteen (14) days of the notice. At the time of hearing, 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 not cured within the time set, the City Commission in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance, may enter upon such common facilities and maintain the same for a period of one (1) year. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. Before expiration of such year, the Commission shall, upon its own initiative or upon written request of the organization theretofore responsible for maintenance, call a public hearing and give notice of such hearing to the organization responsible for Maintenance or the property owners of the planned unit development. At such hearing, 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 shall cease such maintenance at the time established by the City Commission. Otherwise the City shall continue maintenance for the next succeeding year subject to a similar hearing and determination at the end of each year thereafter. The cost of maintenance by the City shall bea lien against the common facilities of the Planned Unit Development and the private properties within the development. The City Commission shall 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 shall be a lien against 213 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. (3) Guarantee for Open Space Preservation Open space shown on the approved final plan shall not be used for the construction of any structures not shown on the final plan. 5. Reproducible Copy Requirements In addition to the requirements for Site Plan and Supplemental Plan submittal the following shall be submitted for copying and permanent records: a. Signed reproducible, full size mylars for all site and landscape plans, architectural elevations, subdivision plats, utility plans, and any other plans required by the Planning Board. b. One 8 1/2" x 11" clear film reduction of all plans and renderings. 18.54.070 DURATION OF PLANNED UNIT DEVELOPMENT APPROVAL A. Duration of Preliminary Plan Approval 1. 1/23/92 Within a maximum of three (3) years following the approval of a preliminary plan, the applicant shall file with the Planning Department a final plan(s) in detailed form covering all or part of the development. Upon application and for good cause, the Planning Director may administratively extend the period for filing a final plan for two successive six (6) month periods. The granting of administrative extensions under this section may, at the discretion of the Planning Director, be referred to the Planning Board. Any additional six (6) month extensions to the Planned Unit Development shall be approved, if at all, only by the Planning Board. A request for extension of preliminary approval under this section must be submitted to the Planning Director in writing by the applicant at least thirty (30) days prior to the date of expiration. Failure to submit a written request within the specified 214 time period shall cause forfeiture of the right to extension of preliminary approval. 4. If no final plan(s) is filed covering all or any portion of the preliminary plan within the above time limits, the right to proceed under the preliminary plan shall expire for any portion of the preliminary plan for which a final plan has not been timely filed. Duration of Final Plan Approval The applicant must undertake and complete the development of an approved final plan within two (2) years from the time of final approval. For the purposes of this Section, a development is substantially complete once all engineering improvements (water, sewer, streets, curbs, gutter, street lights, fire hydrants and storm drainage) are installed and completed in accordance with city rules and regulations. Extensions for two (2) successive periods of six (6) months may be administratively granted by the Planning Director. The granting of administrative extensions under this Section may, at the discretion of the Planning Director, be referred to the Planning Board. Any additional six (6) months extensions to the Planned Unit Development shall be approved, if at all, only by the Planning Board. A request for extension of final approval under this Section must be submitted to the Planning Director in writing by the applicant at least thirty (30) days prior to the date of expiration. Failure to submit a written request within the specified time period shall cause forfeiture of the right to extension of final approval. Failure to develop within the specified time limit and improvement requirements shall cause a forfeiture of the right to proceed under the final plan and require resubmission of all materials and re-approval of the same. 18.54.080 PHASING OF PLANNED UNIT DEVELOPMENTS A. Applications for Phased Planned Unit Developments If a Planned Unit Development is intended to be developed over time in two (2) or more separate phases, application for approval of a Phased Planned Unit Development shall follow procedures established for Concept Plan review as outlined in this Chapter. After Concept Plan review is completed, phased PUDS may be proposed in accordance with one of three procedures: sles Application for Simultaneous Approval of All Phases of the PUD 1/23/92 215 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 Chapter. In such cases, Preliminary Plans and all required supplemental information shall clearly set forth phased development boundaries, schedules, and other details pertaining to the phasing of the project. 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 Chapter. 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(s) 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(s) shall be followed in accordance with this Chapter. A Master Plan and Development Guidelines for the remaining phases of the development shall be provided for review and approval as outlined below. 3. Application for Approval of a Phased PUD Based Only Master Plan and Development Guidelines Applications for approval of a phased PUD without detailed plans for any phase shall not generally be accepted. However, under unique circumstances and for good cause shown, the Planning Board may determine that an application for approval of a Master Plan and Development Guidelines for a phased PUD may be submitted without a Preliminary Plan for any phase. When such a determination has been made, application for approval of a Master Plan and Development Guidelines may be made in accordance with Phased PUD approval procedures as set forth below. Phased PUD Approval Process Master Plans and Development Guidelines shall be reviewed and approved according to the _ procedures established for Preliminary Plans as established in this Chapter. When a Master Plan and Development Guidelines for a phased PUD have been reviewed by the Planning Board and approved by the city Commission, each phase of the PUD may be developed in 1/23/92 216 accordance with the review and approval procedures set forth in this Chapter for Final Plan reviews. Phased PUD Review Criteria In general, the review criteria for phased PUDs shall be the same as that for PUDs as set forth in Sections 18.54.050.B.3. and 18.54.050.C.2. of this Code. In those cases where Master Plans and Development Guidelines are proposed to govern the development of future phases of the PUD, The City Commission must determine that the proposed Master Plan and Development Guidelines are provided in sufficient detail to support a finding that the phased PUD will comply with all requirements for PUD approval if developed in accordance with the approved Master Plan and Development Guidelines. DRB and DRC review and approval of Preliminary and Final Plans for those phases of a PUD which have an approved Master Plan and Development Guidelines shall assure compliance and consistency with said Master Plan and Development Guidelines. Should DRC and DRB 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 Chapter 18.58 of this Code. Phased Planned Unit Development Submittal Requirements 1. Master Plan Submittal Requirements Master Plans for phased PUDs shall consist of a detailed Site Plan depicting: 1) existing conditions for the entire phased PUD as required by Sections 18.54.060 B. and C.; and 2) 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 findings of the Concept Plan review as outlined in this Chapter. 2. Development Guidelines Submittal Requirements Development Guidelines for phased PUDs shall be submitted to the Planning Director as part of the application submittal in one or more orderly documents. Each document shall contain a table of contents and shall be in a8 1/2" x 11" vertical format, bound to open flat for review. All graphic representations shall be in 8 1/2" x 11" or 11" x 17" format. Development Guidelines for 1/23/92 217 1/23/92 phased PUDs shall contain the information as is required by the findings of the Concept Plan Review as outlined in this Chapter. 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); a description of the coordination with any other applicable review procedures, e.g. subdivision review; a complete list of proposed or potential land uses; sign guidelines - type(s), location, design, illumination, size, and height; perimeter buffering guidelines with specific regard to adjoining land uses; 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; design guidelines for outdoor storage and/or display; protective covenants which may include requirements, owners association provisions, provisions for maintenance, etc.; parking - guidelines for design, provision for shared facilities, circulation between lots, and coordination with sidewalk system, service areas; dimensional requirements - building heights, setbacks (interior and perimeter), open space, etc.; a lighting; architectural guidelines; provisions for utilities, communications, and refuse; 218 E. F. n. guidelines for noise, emissions, glare, hazardous materials, etc.; and oO. improvements schedule. Open Space Provisions for Phased PUD Developments If a project is to be built in phases, each phase shall include an appropriate share of the proposed recreational, open space, and other site and building amenities of the entire development. The appropriate share of the amenities for each phase shall be determined for each specific project at the time of preliminary approval and shall 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. Final Plans for Phased PUD Developments Final plans for a planned unit development may be submitted in phases. The final plan shall conform to the preliminary plan of a planned unit development, as approved. Duration of Phased PUD Development Guidelines Approval Within a maximum of five (5) 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. 18.54.090 ENFORCEMENT OF APPROVAL REQUIREMENTS AND CONDITIONS The occurrence of either of the following events may subject the applicant to the enforcement remedies contained in Chapter 18.70 of the City of Bozeman Zoning Ordinance: A. Failure to comply with any terms, conditions, or limitations contained on the site plan, landscape plan, building elevations or other approved documents pertaining to a planned unit development which has received final approval from the city. Failure to comply with any conditions on record imposed by the Planning Board upon its review of the master, preliminary or final plans for the Planned Unit Development under the provisions of this Planned Unit Development Ordinance, Chapter 18.54 of the Zoning Ordinance. 1/23/92 219 18.54.100 PLANNED UNIT DEVELOPMENT DESIGN OBJECTIVES AND CRITERIA A. General For any planned unit development proposal to he approved it must first be found, by the city Commission, after recommendation from the Planning Board, to be in compliance with this section, 18.54.100, of the Planned Unit Development Ordinance of the City of Bozeman. Land Use Classifications The design objectives and criteria with which a planned unit development proposal must comply are dependent upon the designated land use classification of the site proposed for the planned unit development. Section 18.54.100.E contains two groups of objectives and criteria against which planned unit developments are reviewed. 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 located. A planned unit development must satisfy all the objectives and criteria of both groups. 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. Evaluation Process The acceptability and performance of a planned unit development proposal shall be evaluated as follows: Each of the objectives and criteria for the applicable land use classification and for "All Development" contained in Section 18.54.100.E 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 variance is granted by the City Commission. An objective or criterion is considered to be applicable if it can reasonably be applied to the development proposal. The applicant shall clearly demonstrate how the planned unit development specifically addresses each applicable objective and criterion. Responsibility for Impact Mitigation 1/23/92 220 D. Responsibility for Impact Mitigation To protect the character of new and existing neighborhoods against intrusive and disruptive development, any negative or adverse impacts shall 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. When a use is the first to develop on two adjacent vacant parcels, the first use shall provide the necessary buffer to any reasonable future use as determined by the city. The second use to develop shall, at the time it develops, take all additional steps necessary to mitigate conflicts. However, 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 shall lie exclusively with the planned unit development proposal. E. Design Objectives and Criteria Evaluation Forms The city will determine compatibility of a project based upon the evidence presented during evaluation of the community design objectives and criteria of Section 18.54.100.E of this Ordinance. The following forms will be used in evaluating all planned unit development applications. 1/23/92 221 1 ALL DEVELOPMENT Application: All land uses within a proposed planned unit development shall be reviewed against, and comply with, the applicable objectives and criteria of the mandatory "All Development” group. Required Criteria: Neighborhood Compatibility Yes No NA 1. Is the development compatible with, and sensitive to the immediate environment of the site and the adjacent neighborhoods relative to architectural design, building bulk and height, neighborhood identity, Tandscaping, historical character, orientation of buildings on the site and visual integration? 2. Is the project designed so that additional traffic generation beyond what may be approved for permitted uses does not have a significant adverse impact on adjacent and surrounding development? 3. Have the guidelines outlined in Chapter 18.51, Development Review Committee, been followed concerning identification and discussion of impacts related to the proposed development? 4. Is the development in accordance with the adopted elements of the Sozenan Area Master Plan and its accompanying goals, objectives and policies? Public Facilities, Services and Transportation 5. Does the development comply with al} City design standards, requirements and specifications for the following services: Water Supply Trails/Walks/Bikeways Sanitary Supply Irrigation Companies Fire Protection Electricity Flood Hazard Areas Natural Gas Telephone Storm Drainage Cable Television Streets 6. Will the sewage generated by the development not exceed the sanitary sewer system’ line and treatment capacity? 7. Will an adequate water supply exist to serve the develcpnent? 8. Will an adequate electrical power supply exist to serve the development? 9. Will the City Transportation Plan be capable of handling the development’s traffic generation? 10.Does the development provide adequate access for emergency service? 1 ALL DEVELOPMENT Required Criteria: 11 .Are all vehicular use areas and exterior building areas provided with sdequ- ate security lighting? Natural Resources 12.Have precautions been taken to minimize hazards to life or property due to irrigation canals, stream channels or other water bodies? 13.Have known areas of natural or geological hazard (e.g., unstable or potenti- ally unstable slopes, faulting, landslides, rockfalls, flood, and wildfire, etc.) or soil conditions unfavorable to urban development had special engineering precautions taken to overcome natural constraints or have these areas been set aside from development? 14. Does the project preserve or replace existing natural vegetation? 15 ..Have special precautions been taken to preserve existing wildlife habitats, natural wildlife food services, or existing places, or are these areas being preserved? ‘ 16.1f the proposed project is located within a locally-designated Historical District or includes a locally-designated landmark structure, is the pro- Ject in conformance with the City's Historic Preservation Ordinance? 17.1f the development is proposed on existing agricultural land or open space, does it meet Master Plan cbjectives for clustering development? Environmental Standards 18.Will the project conform to applicable local, state and federal air quality standards, including, but not limited to: odor; dust: fumes or gases which are noxious, toxic or corrosive; suspended solid or liquid particles: or any air contaminant which may obscure an observer's vision or impair breathing? 19.Will the project conform to applicable local, state and federal water quality standards, including, but not limited to: erosion and sedimentation: runoff control; discharge of solid wastes; and discharge of hazardous substances? 20.Can the proposed land uses and activities be conducted so that noise gene- rated shall not exceed the mininun performance levies as specified in the City’s noise control ordinance Section 18.50 of the Zoning Code? Detailed plans for the elimination of objectionable noises are required before the issuance of a building pernit. 21.1f the proposed activity produces glare or heat, whether direct or reflected, is the operation conducted within an enclosed building or with other effect- ive screening in such a manner as to make such glare or heat conpletely imperceptible from any point along the property line? Detailed plans for the elimination of glare or heat are required before issuance of a bldg. permit. Yes No NA o> — ALL DEVELOPMENT Required Criteria: 22. 23. 24 25 26. 27 28. 29 30. 31 Will the project cause an inherent or recurring generated vibration percep- tible without instruments at any point along the property line? Temporary construction may be excluded from this criterion. Is the exterior lighting, except for warning, emergency or traffic signals, installed in such @ manner that the light source is obscured to prevent excessive glare on public streets and walkways or into any residential area? The installation or erection of any lighting which may be confused with warning signals, emergency signals or traffic signals shall not be permitted, Will all sewage and industrial wastes be treated and disposed of in such a Ranner as to comply with applicable local, state and federal standards? Detailed plans for waste disposal are required before issuance of a build- ing permit. Site Design -Are the elements of the site plan (e.g. buildings, circulation, open space and landscaping, etc.) arranged on the site sc that activities are inte- grated with the organizational scheme of the community and neighborhood? 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? .Is the design and arrangement of elements of the site plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the exist- ing natural topography; natural water bodies and water courses: existing vegetation: and Does the design and arrangement of elements of the site plan (e.9., building construction, orientation, and placement; transportation networks; selec- tion and placement of landscape materials: and/or use of renewable energy sources, etc.) contribute to the overall reduction of energy use by the project? ‘ »Are the elements of the site plan (e.g. buildings, circulation, open space and landscaping, etc,) designed and arranged to maximize the privacy by the residents of the project? Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and is at least thirty (30) percent of the project, exclusive of yard setbacks and parking Tot interior landscape, developed as open space? . Does the street and parking system provide for the smooth, safe and conven- ient movement of vehicles both on and off the site? Yes No NA 1 ALL DEVELOPMENT Required cCriterta: 32.Does the development satisfy the parking capacity requirements of the City and provide adequate space suited to the loading and unloading of persons, haterials and goods? 33.18 the active recreational area suitably located and accessible to the resi- dential units it is intended to serve and is adequate screening provided to ensure privacy and quiet for neighboring residential uses? 34.15 the pedestrian circulation system designed to assure that pedestrians can move safely and easily both within the site and between properties and activities within the neighborhood area? 35.Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development wil] not become an isolated “pad® to adjoining development? 36. Does the pedestrian circulation system incorporate design features to enhance convenience, safety and amenity across parking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lighting? 37. Does the pedestrian and bicycle trail system adequately connect to the systems in adjacent developments? 38. Does the landscape plan enhance the appearance of vehicular use, open space and pedestrian areas which contribute to their usage and visual appear- ance? 39. Does the landscaping plan enhance the building(s)? 40.Does the landscape plan screen utility boxes, parking areas, loading areas, trash containers, outside storage areas, blank walls or fences and other areas of low visual interest from roadways, pedestrian areas and public view? 41.1f the development is adjacent to an existing or approved public park or public open space area, has provisions been made in the site plan to avoid interfering with public access to that area?” 42 .Will all signs in the project be in compliance with the provisions of the Bozenan Sign Code? if Yes No NA r* 2 RESIDENTIAL Application: Planned unit developments in residential areas may include a variety of housing types, designed to enhance the natural environment, conserve energy, recognize and, to the extent possible, preserve and promote the unique character of neighborhoods with provisions for a mix of limited commercial development. Commercial development must be sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood. Required Criteria: Yes No NA Each of the following applicable criteria must be answered ‘yes’ and implenent- ed within the development plan. 1. Qn a gross acreage basis, is the average density in the project at least three (3) dwelling units per acre (calculated for residential portion of the site only), or at least (!} dwelling unit per acre where septic tanks are to be used? 2. Does the residential project provide for private outdoor areas (e€.9., pri- vate yards, patios, and balconies, etc,}) for use by the residents of the project which are sufficient in size and have adequate light, sun, ventila- tion, orivacy and convenient access to the household unit they are intended to serve? 3. Does the residential project provide for outdoor areas for use by the resi- dents as recreational, active or passive, activities? 4. Does the residential project encourage the juxtaposition or mix of uses? 5. Is the residential project within 2000 feet of an existing or approved neighborhood service center, public school, child care center, major employ- center, or public neighborhood or community park? 6. Is the residential project within 4000 feet of an existing or approved community/regional shopping center? 7. Is the residential project within 650 of an existing collector or arterial street? , 8. If the residential project is proposing a density bonus above the density that is sllowed, does the proposed project exceed the established design standards for the development and ensure compatibility with adjacent neigh- borhood development? 9. If offices or commercial development are proposed within the residential project is less than twenty (20) percent of the P.U.D. designated to be used for offices or commerciai activities? 2 RESIDENTIAL Required Criteria: 10.If commercia] development is proposed within the residential project is less 11. that fifty (50) percent of the market required to support the commercial uses proposed located outside the P.U.D, and are of a service that does not require drive-in facilities or justification for through traffic. If the project contains commercial development is the project located at the intersections of arterial streets, or arterial and collector streets? 12.1f the project contains commercial development has the project been sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood and has it been developed at a scale compatible with residential] development? Yes No NA > 3 COMMERCIAL Application: Planned unit developments in commercial areas may be include either commercial or multi-family development; however, adequate but controlled access to arterial streets is essential. Activities would include a broad range of retail and service establishments designed to serve consumer demands of the City of Bozeman and Bozeman area. oe — Required Criteria: Yes No NA Each of the following criteria must be answered “yes” and implemented within the development plan, 1, Are all repair, painting and body work activities, including storage of refuse and vehicular parts, planned to take place within an enclosed structure or completely screened from off-site view? 2. Have all the necessary precautions been taken to prevent all lubrication, hazardous materials and fuel oi] substance, which are stored on the site, fron leaking or draining into the groundwater system, streams, creeks, or other water bodies? 3. If the project contains any use intended to provide adult amusement or enter- tainment, does it meet the following requirements: Is the use established, operated or maintained no less than 500 feet from a residential neighborhood, church and/or a schoo] meeting all the re- quirements of the compulsory education laws of the State of Montana? Is the use established, operated or maintained no less than 500 feet fron another similar use? 4. Is the project contigous to an arterial street? 5. Is the project on at least two acres of land? 6. Does the project contain two or more significant uses (for instance, retail, office, residential, hotel/motel and recreation}? 7. Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain nore tnan ten (10) spaces? 8. Does the project encourage infill with at least {/4th of its property bound- ary contiguous to existing development? 9. If the project includes residential development has exceptional or unique design methods been incorporated to mitigate the impacts of conflicting land uses (i,e., landscape and architectural design, extensive open space, recrea- tion center(s), maximin traffic efficiency, screening of residential parking}. 4 INDUSTRIAL Application: Planned unit developments in industrial areas may include employment, wholesaling, manufacturing and utility centers for the community; the particular type of uses will be determined based upon its potential impact upon adjacent land uses and the intensity of development. Required Criteria: Yes No NA Each of the following criteria must be answered “yes” and implementd within the development plan. 1. Have all the necessary precautions been taken to prevent all lubicants, hazardous materials and fuel oi! substances, which are stored on the site, from leaking or draining into the groundwater system, streams, creeks, or other water bodies? 2.Are all repair, painting and body work activities, including the storage of refuse and vehicular parts planned to take place within an enclosed structure or completely screened from off-site view? 3.1s the project located adjacent to an arterial or collector that provides adequate access to the site? 4. Is the project developed such that the least intense uses shall be located along arterial streets, where visibility to the public is likely; more intense uses such as heavy industrial uses and warehousing activities will be located away from the arterial streets, buffered by the other uses. 5. Does the project utilize a landscaping theme that will tie adjacent uses or projects together? 6. Is the project being developed on land substantially surrounded by developed property with existing services and utilities already available? Ae ee ene ey neem canes or int ee et neem CHAPTER 18.55 TEXT AMENDMENT AND REZONING CHANGES 18.55.010 INITIATION OF AMENDMENTS AND CHANGES A. The City Commission may, from time to time, amend, supplement, or change this Ordinance and the regulation or maps appertaining thereto. An amendment, supplement or change may be initiated by the City Commission, the Planning Board or upon petition from an owner of property within the zoning jurisdiction of the City of Bozeman. Whenever the property owner of any land or building desires a reclassification on his property or change in regulations applicable thereto, he may file with the City Planning Department on forms provided by the City for this purpose, a petition duly signed and verified by him requesting an amendment or change of regulations prescribed for such property. 18.55.020 AMENDMENTS AND REZONINGS - INVESTIGATION REQUIREMENTS Upon initiation of an amendment by the City Commission or the Planning Board, or upon petition from a property owner, the city Planning Board shall cause to be made an investigation of facts bearing on such initiation or petition as will provide necessary information to assure that the action of each such petition is consistent with the intent and purpose of this Ordinance, including but not limited to a finding that the application complies with the Bozeman Area Master Plan. 18.55.030 PUBLIC HEARING PROCEDURES AND REQUIREMENTS A. The Planning Board shall hold public hearings on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity to be heard. The Planning Director shall give public notice of all public hearings to be held before either the Planning Board or the City Commission. The notice shall be published at least once in a newspaper published and having general circulation in the City, not more than forty-five days nor less than fifteen days prior to the public hearings. The notice shall specify the number, date, time, and place of all scheduled public hearings. It shall state the name and address of the applicant, the name and address of the owner of record of the property, and a legal description of the property affected, the street address or its location by approximate distances from the nearest major street or road 1/23/92 229 explain the intent of the change, with reference to the precise text amendment language being available for public However, where City zoning boundaries ar extended through annexation, which require initial zoning Classification, Public notice Shall consist of three separate notifications ina newspaper Published ana having general Circulation in Published not more than forty-five days nor less than fifteen days prior to the public hearing. Said notice of Public hearings shall also be made available upon request to all locations, visible to the general public, within the affecteq area as deemed appropriate Planning Director. However, where City zoning boundaries are extended which require initial zoning classification, sign posting requirements shal] not apply. of record, or their legal representative, of the subject Property as wel] as to the owners of record of all parcels within one hundred-fifty feet of the perimeter of the subject legal representative, of the subject Property(ies), or owners of record of all parcels within one hundred-fifty feet of the perimeter of the subject Properties shall not apply. 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 shall 1/23/92 230 invalidate the legal notice requirements of the scheduled public hearing. Notice may also be provided to property owners in any additional area that may be substantially impacted by the pro- posed change or use as determined by the Planning Director. After such hearing or hearings, the Planning Board will make reports and recommendations on said petition or initiation to the City Commission. When the Planning Board has recommended an amendment to this Ordinance, including a change in the district boundaries, the public hearing shall be held by the City Commission for the purpose of acting upon the proposed amendment after public notice. In case of protest against such changes signed by the owners of twenty percent or more either of the area of the lots included in such proposed change or of those lots immediately adjacent to the rear within the block or of those lots directly opposite extending one hundred-fifty feet from the street frontage thereof, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the City Commission. 1/23/92 231 CHAPTER 18.56 VARIANCE AND ADMINISTRATIVE INTERPRETATION APPEAL PROCEDURES 18.56.010 BOARD OF ADJUSTMENT MEMBERSHIP AND TERM OF OFFICE The Board of Adjustment is established to act on certain variance applications as detailed in this Ordinance and on appeals where it is alleged there is error in any order, requirement, decision, or determination made by administrative officers of this Ordinance, The Board, as it Shall be referred to for purposes of this Chapter, only, shall consist of not less than five members nor more than seven, appointed by the City Commission for three-year terms (with City limits. All members shall reside within the zoning jurisdiction of the City. 18.56.020 ORGANTZATION, OFFICERS AND LOCATION A. At the first meeting of each year, the Board shall appoint one of its members to serve as chairman and one member to serve as vice-chairman. B. The staff of the Planning Department shall be at the disposal of the Board to receive and process applications of appeal and to give advice to said Board. c. The Board’s office shall be that of the Planning Director and all files of the board shall be held therein. 18.56.030 POWERS AND DUTIES DESIGNATED - VOTE A. The Board shall set its Operating rules in accordance with MCA Section 76~2-323, 1981 and shall have the following powers, exceptions, variations or deviations to regulations, ordinances or land use plans adopted pursuant to statute, i To hear and decide appeals where it is alleged there is error in = any order, requirement, decision, or pursuant thereto. 2. To authorize, in specific cases, such variance from the terms of this Ordinance as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions will result in 1/23/92 232 unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done. More specifically, the Board may, after public notice and hearing, deny, approve, or conditionally approve requests due to hardship for a variance to: 1. modify the following dimensional requirements of this Ordinance: a. setbacks; b. height; c. lot area and width; d. lot coverage; 2. modify flood hazard district requirements subject to the provisions of Chapter 18.44; 3. consider applications for the expansion of nonconforming uses of land and structures; All other requested variances shall be heard by the city Commission. In addition, all proposals for: a) deviations in Neighborhood Conservation Overlay Districts; b) containing multiple variances in Entryway Overlay Districts; c) proposals containing multiple variances; and dad) proposals for variances in conjuntion with Conditional Use Permit applications shall be heard by the City Commission. However, in no case may the Board or the City Commission grant variances to allow uses not already permitted pursuant to this Ordinance. The concurring vote of four members of the Board shall be necessary to reverse any order, requirements, decisions, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect any variance of this Ordinance. The concurring vote of three members of the City Commission shall be necessary to grant requested deviations and the concurring vote of four members of the City Commission shall be necessary to effect any variance of this Ordinance. 18.56.040 APPEALS AND VARIANCES - APPLICATION AND INVESTIGATION A. Application for Variance or Interpretation Appeals A request for variance proposed shall be made by filing at least 20 days prior to the Board or Commission meeting an application with appropriate fees with the Planning Director; 1/23/92 233 such application Shall be accompanied by a development pli showing such information as the Planning Director may Shall 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 4. List of names and addresses of Property owners within two hundred (200) feet of site, using last declareq County real estate tax records; 5. Stamped, unsealed envelopes addresseq with names Of above property owners; 6. A site Plan drawn to scale Showing the Property dimensions, grading, landscaping, and location of utilities, as applicable; 8. Drive accesses, driveways, access roads, Parking spaces, off-street loading areas, and Sidewalks as applicable; 10. Justification, in writing of Section 18.56.060.a, B and C of this Ordinance; Commission of the ability ana intention of the applicant to proceed with actual construction work in accordance with said Plans within Six months after issuance of 12. Required filing fee; and 13. In the Case of an administrative interpretation appeal evidence to Prove that the decision or action of the 1/23/92 234 B. official was incorrect or in violation of the terms of this Ordinance. Investigation of Facts The Board or Commission shall cause to be made _ such investigation of facts bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this Ordinance. During time of appeal all construction shall cease and shall not commence until approved by the Board of Adjustment or City Commission. 18.56.050 INTERPRETATIONS AND VARIANCES-HEARING AND NOTICE A. REQUIREMENTS There shall be a hearing for each application of an interpretation appeal or variance. The hearing shall be held at an appointed time and place. Testimony shall be taken by the Board or Commission from persons interested in the application, and from the Planning Staff. The Planning Director shall give public notice of all public hearings to be held before the Board of Adjustment or city Commission. The notice shall be published at least once ina newspaper published and having general circulation in the City, not more than thirty days nor less than ten days prior to the public hearings. The notice shall specify the number, date, time and place of all scheduled public hearings. It shall state the name and address of the applicant, the name and address of the owner of the property, and a legal description of the property affected, the street address, or its location by approximate distances from the nearest major street or road intersection so that the property can be easily identified, and a brief statement of the nature of the hearing. The notice shall provide a map of the area in question so as to indicate its general location and proximity to surrounding properties. In addition to such publication, the Planning Director shall post same notice of public hearing not more than thirty days nor less then ten days prior to the public hearings, on the site in question as well as on one or more additional locations, visible to the general public, within the affected area as deemed appropriate by the Planning Director. Said notice of public hearings shall also be made available upon request to all newspapers, radio, and television stations 1/23/92 235 serving the jurisdiction for use aS a public service announcement, H. If for some reason, a required property owner fails to receive mailed 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 removed through no fault of the City, this in no I. Notice may also be provided to property owners in any additional area that may be substantially impacted by the proposed variance as determined by the Planning Director. 18.56.060 VARIANCES - CRITERIA FOR CONSIDERATION In approving an application for a variance, the Board or Commission shall designate such lawful conditions as will secure substantial protection for the public health, safety, and general welfare, and shall find as follows: A. That the variance will not be contrary to the public interest. B. That a literal enforcement of the Zoning Ordinance will result in unnecessary hardship owing to conditions unique to the property. Cc. The spirit of the Ordinance will be observed and substantial justice done. 18.56.070 VARIANCES - CONDITIONS OF APPROVALI, Any approval under this chapter shall be subject to the terms of the conditions designated in connection therein. 18.56.080 APPEALS FROM BOARD OF ADJUSTMENT OR CITY COMMISSTON DETERMINATIONS Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment or City Commission under this Chapter, or any taxpayer, or any officer, department, board or bureau of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal in whole or in part specifying the grounds of illegality. 1/23/92 236 Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the Board or Commission. 18.56.090 EFFECTIVE TIME FOR BOARD OR COMMISSION DECISIONS VARIANCES VOID WHEN The decision of the Board of Adjustment or City Commission shall be final except as provided in Section 18.66.080 and if a building permit or land use permit is not obtained for the subject property within six months from the date of the Board or Commission’s decision, the variance shall be automatically cancelled and become null and void. 1/23/92 237 CHAPTER 18.58 PLAN APPEALS PROCEDURE 18.58.010 DEFINITIONS The following words, terms and phrases, when used in this Chapter, shall have the following meanings: of an agency, board, or commission, which interest would be prejudiced by the decision or benefitted by its reversal. Appellant shall mean an aggrieved person who has taken an appeal from an agency, board or commission to another body designated herein by the filing of a notice of appeal. Applicant shall mean the person who or organization which submitted the application to the agency, board or commission whose decision has been appealed. Final Decision shall mean the action of an agency, board or commission by vote of a majority of its members when no further rehearing is avallable before such agency, board or commission. 18.58.020 APPLICATION OF APPEAL PROCEDURES Appeals from agencies, boards and commissions to other agencies, boards and commissions of City Government or the courts are set forth in the various sections of this Zoning Ordinance, Said appeals are permitted under the provisions of this section in the manner set forth herein. A. Boards and Agencies ~ These appeal procedures shall apply to * Development Review Committee (DRc); * City-County Planning Board (PB); * Design Review Board (DRB) ; B. Order of Appeals Appeals from any board or agency shall follow the following order: DRC to City Commission DRB to City Commission PB to City Commission 1/23/92 238 18.58.030 APPEAL OF FINAL DECISION PERMITTED An aggrieved person may appeal the final decision of any agency, board or commission to which this appeal procedure applies in the manner provided in this section. 18.58.040 FILING OF NOTICE OF APPEAL An appeal shall be taken by filing with the Planning Director a notice of intent to appeal by noon on the Friday following the final decision of the agency, board or commission to which this section applies, and a documented appeal within seven (7) calendar days of the final decision of the agency, board or commission to which this section applies. Such notice of intent to appeal shall include the following: A. The action of the agency, board or commission which is the subject of the appeal; B. The date of such action; c. The name, address, telephone number and relationship of the appellant to the subject of the action of the agency, board or commission; The documented appeal shall include in addition: A. The grounds for the appeal, including specific allegations to be considered on appeal. 18.58.0500 NOTICE OF APPEAL Notification of appeal procedures shall be included in the initial posting and notice of the proposal. Once notice of intent to appeal has been filed, the property in question will be reposted and notice of the appeal hearing provided to the Bozeman Chronicle. 18.58.060 RECORD ON APPEAL Any appeal shall be an appeal on the record of the hearing before the agency, board or commission. The record provided to the appeal body shall include the following: A. Detailed minutes of the proceedings before the agency, board or commission from which the appeal has been taken; B. All exhibits, including, without limitation, all writings, drawings, maps, charts, graphs, photographs and other tangible items received or viewed by the agency, board or commission at the proceedings; ; 1/23/92 239 18.58.070 SCHEDULING OF THRE HEARING The dates, times and locations for hearing appeal(s) before the appropriate body(s) shall be included in the reposting of the property in question, and in the notice of the appeal hearing provided to the Bozeman Chronicle, 18.58.080 PROCEDURE OF THE HEARING A. At the hearing on the appeal, the following Procedure shall be 1. Explanation of the nature of the appeal and presentation City Attorney may inquire of such person for the Purpose of eliciting information and for the Purpose of Clarifying information presented, 18.58.090 ALTERNATIVE ACTIONS AVAILABLE TO THE APPELLATE BODY evidence relevant to the grounds for the appeal shall be heard. At the conclusion of such hearing, the Appellate Body shall uphold, Overturn or modify the decision of the agency or board. 1/23/92 240 CHAPTER 18.62 ADMINISTRATION, PERMITS AND FEES 18.62.010 ADMINISTRATION AND ENFORCEMENT - PLANNING DIRECTOR AUTHORITY A. The Planning Director, or his/her designated representative, shall administer and enforce this Ordinance. He may be provided with the assistance of such other persons as the Planning Director may direct and those assistants shall have essentially the same responsibilities as directed by the Planning Director. B. If the Planning Director shall find that any of the provisions of this title are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this title to insure compliance with or prevent violation of its provisions. 18.62.020 PLANNING DIRECTOR AND BUILDING OFFICTAL-PLAN APPLICATION CHECKING-NOTICE OF NON-COMPLIANCE A. It is the intent of this Ordinance that the Planning Director and Building Official shall check all plans and applications for permits for compliance with this Ordinance both before and during construction. B. If, during this procedure, the Planning Director and/or the Building Official deems that the proposed plan or construction does not comply with this Ordinance, he shall inform the applicant of the infraction and shall stop all construction on the project until such time as the applicant, builder or principal revises his plan to conform to this Ordinance or obtains a variance, conditional use permit or zone change, as set forth in this Ordinance. 18.62.030 BUILDING PERMIT REQUIREMENTS No building or other structure shall be erected, moved, added to, or structurally altered and no land use shall be changed without valid permits as prescribed in this Chapter. A. Building Permit. Within the limits of the City and its extra- territorial zoning limits, building permits shall be obtained by following the latest version of the Uniform Building Code (International Conference of Building Officials, 5360 South 1/23/92 241 Workman Mill Road, Whittier, California) adopted by the City of Bozeman. B. The building permit shall be obtained by application to the City Building Official. Applications shall be accompanied by plans in duplicate, drawn to scale Showing the actual dimen- lot(s) of buildings already existing, if any; the location ana dimensions of the Proposed buildings or alternatives, and two copies of the approved Site Plan or Sketch Plan as approved under Chapters 18.52, 18.53, 18.54, etc. of this Ordinance. A. No permit, or license of any type shall be issued unless in conformance with the regulations contained within this Ordinance. Permits issued on the basis of plans and applications approved by the Building Official and Planning Director authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this Ordinance, punishable as provided in 18.62.050 PERMITS ISSUED CONTRARY TO TITLE DEEMED VOID Any building permit, or any authorization issued, granted, or approved in violation of the provisions of this Ordinance shall be 1/23/92 242 one-hundred twenty days. Before such work can be recommenced, a new permit shall first be obtained to do so, and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for the work; and provided further that such suspension or abandonment has not exceeded one year. 18.62.070 STOP WORK ORDER-PLANNING DIRECTOR AND/OR BUILDING OFFICIAL AUTHORITY Whenever any building work is being done contrary to the provisions of this Ordinance, the Planning Director and/or Building Official shall 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 shall forthwith stop such work until authorized by the Planning Director and/or Building Official to proceed with the work. 18.62.080 ENFORCEMENT - PLANNING DIRECTOR This Ordinance shall be enforced by the Planning Director and his authorized representatives. No building permit or business or occupational use license shall be issued, except in compliance with the provisions of this Ordinance. 18.62.090 BUILDING PERMITS AND INSTALLATION OF IMPROVEMENTS The purpose of this Section is to establish the requirements for the scheduling and installation of all on-site and off-site improvements which are required as per the standards set forth in this Code, or which are required as a result of any conditions which may be applied to the approval of any project through the appropriate review process. 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. A. Minor site surface preparation and normal maintenance shall be allowed prior to the issuance of a Building Permit, providing that such activity does not include excavation for foundations or the removal of mature, healthy vegetation. B. A Building Permit must be obtained within one year of Final Site or Sketch Plan Approval. Building Permits will not be issued until the Final Site or Sketch Plan is approved. c. At the time of Final Site Plan approval, the applicant shall enter into an Improvements Agreement with the City. Detailed cost estimates and construction plans of all required on-site and off-site improvements shall be made a part of the Agreement. 1/23/92 243 such approval has been obtained. Except as provided for in E., below, no occupancy shall be permitted or Certificate of Occupancy issued unless the terms and details of an approved Site or Sketch Plan are met. The DRC and/or DRB or their representative shall conduct an "as-built" inspection to verify compliance and shall sign off on a Certificate of E. If occupancy of the structure or commencement of the use is to occur prior to installation of the required improvements, the Improvements Agreement, described in c., above, must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site and off-site improvements shall be completed by the applicant within nine (9) months of occupancy of installing or contracting for the installation of the required improvements. installation of certain improvements or that the property will have an unacceptable adverse impact on adjoining properties until such improvements are installed. Plan approval, the Temporary Occupancy Permit Shall be withdrawn and a permanent Certificate of Occupancy shall be issued according to the Provisions of this Chapter. 18.62.100 FEE SCHEDULE See SS EE SCHEDULE The City Commission Shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, appeals, and other matters pertaining to this Ordinance. The 1/23/92 244 18.62.100 FEE SCHEDULE The City Commission shall establish a schedule of fees, charges, and expenses and a collection procedure for building pernits, appeals, and other matters pertaining to this Ordinance. The schedule of fees for the procedures listed below shall be set from time to time by the City Commission by resolution. The fees shall be posted in the office of the Planning Director and may be altered or amended only by the City Commission. A. Zone Map Change I. Recreational Vehicle Parks B. Zone Code Amendment J. Conditional Uses Cc. Variance K. Temporary Signs D. Planned Unit Development L. Certificates of E. Site Plan Review - Major Appropriateness - Minor M. Floodplain Processing F. Sign Review Fee G. Special Temporary Use N. Submittal Compliance H. Mobile Home Parks Check Fee No permit, zone change, site plan, conditional use, special temporary use, planned unit development, or variance shall be issued unless or until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the Development Review Committee, the Design Review Board, the Planning Board, City Commission, or the Board of Adjustment, until fees have been paid in full. 1/23/92 245 18.65.010 18.65.020 18.65.030 18.65.040 18.65.050 18.65.060 18.65.070 18.65.080 18.65.090 18.65.100 18.65.110 18.65.120 18.65.130 18.65.140 18.65.150 18.65.160 18.65.170 18.65.180 1/23/92 BOZEMAN AREA SIGN CODE 8-19-91 Ordinance Contents INTENT AND PURPOSES APPLICABILITY - EFFECT DEFINITIONS AND INTERPRETATION COMPUTATIONS SIGNS ALLOWED ON PRIVATE PROPERTY WITH AND WITHOUT PERMITS A. Permitted Signs by Type ana Zoning District B. Maximum Total Sign Area Cc. Number, Dimensions, and Location D. Number, Dimensions of Certain Individual Signs E. Pernitte@ Sign Characteristics PERMITS REQUIRED DESIGN, CONSTRUCTION, AND MAINTENANCE MASTER OR COMMON SIGNAGE PLAN SIGNS IN THE PUBLIC RIGHT-OF-WAY SIGNS EXEMPT FROM REGULATION UNDER THIS ORDINANCE SIGNS PROHIBITED UNDER THIS ORDINANCE GENERAL PERMIT PROCEDURES PERMITS To CONSTRUCT OR MODIFY SIGNS SIGN PERMITS - CONTINUING TEMPORARY SIGN PERMITS (PRIVATE PROPERTY) PERMITS FOR SIGNS IN THE PUBLIC RIGHT-OF-WAY TIME OF COMPLIANCE: NONCONFORMING SIGNS AND SIGNS WITHOUT PERMITS VIOLATIONS 246 BOZEMAN AREA SIGN CODE 8-19-91 F tf a 71 VE To /O- /@e- 93 fa eae Me d . ae 14 / P 1 ef 7 Wee said sans a i. ee ee he Pa ey AE ae es he i ey = cee tv ; 1 a ' 7 APs a 1 ae E I eae <. fey ® ‘ ae TA ‘ | “Dk ’ ‘ 5 * a hate ¢ P _ ay ' 7 cy " ho Aaa ee OL Re = clos Pera) ng out ahaa ty igo stay “e ee 7 . a - a> ee r ; "I ; ~ a a " “ ie 7 re By - ane 7 oe ov + 4 Oy le pe ke . als eee ecg: Ay ric ge eee 18.65.190 ENFORCEMENT AND REMEDIES 18.65.200 APPENDIX A. Examples For Determining Area And Height Of Signs B. Entryway Corridors Design Objective Plans 1/23/92 247 CHAPTER 18.65 BOZEMAN AREA SIGN CODE 18.65.010 INTENT AND PURPOSES It is the intent and purpose of this code to promote the health, Safety and welfare of the residents and visitors of the City of Bozeman 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 for the following reasons: A. To preserve the Bozeman area’s natural scenic beauty; B. To contribute to inviting entrances into Bozeman by eliminating clutter associated, in part, with the unrestricted proliferation of signs, lights, flags, and similar devises; c. To encourage area beautification through creative, interrelated design of signage, landscaping, buildings, access and parking that enhances the community’s built and natural environment; : D. To give all businesses an equal Opportunity to have a sign that will help people find the services they need; The City Commission recognizes that signs are necessary means of visual communication for the Public convenience and that business, services, and other activities have the right to identify use on the premises where the signs are located. In this chapter the commission intends to provide a reasonable balance between the right of an individual to identify its business and the right of the public to be protected from the visual discord that results from the unrestricted proliferation of Signs. The commission also 1/23/92 248 The City Commission further recognizes that it is in the best interest of the community to implement the provisions of this chapter in a manner that is most expeditious and least costly and disruptive to businesses and organizations that may be affected by its requirements. To accommodate this objective, Sections 18.42.080 and 18.43.080 establish certain exemptions and alternative procedures utilizing design review by the Design Review Board (DRB). The deliberations and decisions of the DRB shall be directed to accomplish the intent and purpose of this section. Nothing in this chapter shall be construed to apply to temporary decorations, lights, exhibits, or related material associated with festivals, holidays, or community events. It is determined that the regulations contained herein are the minimum necessary to further the interests of this code. 18.65.020 APPLICABILITY - EFFECT A sign may be erected, placed, established, painted, created, or maintained in the city and its Extraterritorial Zoning Jurisdiction only in conformance with the standards, procedures, exemptions, and other requirements of this ordinance. The effect of this ordinance as more specifically set forth herein, is: To establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other zones, subject to the standards and the permit procedures of this ordinance; To allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this ordinance, but without a requirement for permits; To provide for temporary signs without commercial messages in limited circumstances in the public right-of-way; To prohibit all signs not expressly permitted by this ordinance; and To provide for the enforcement of the provisions of this ordinance. 18.65.030 DEFINITIONS AND INTERPRETATION Words and phrases used in this ordinance shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in the zoning ordinance of the city and its 1/23/92 249 and sign height are contained in Section 18.65.040. all other words and phrases Shall be given their common, ordinary meaning, unless the context Clearly requires otherwise. Section headings or Captions are for reference purposes only and shall not be used in the interpretation of this ordinance. abandoned Sign -A Sign is abandoned when it pertains to a time or event which no longer exists or when the purpose for which the permit for the Sign was approved has been fulfilled or no longer exists. animated sign Any sign that uses movement or change of lighting to depict action or create a special effect or scene. banner 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. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners. beacon 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. material. building sign Any sign attached to any part of a building, as contrasted to a freestanding sign. canopy sign Any sign that is a part of or attached to an awning, Canopy, or other fabric, Plastic, or structural protective cover over a door, entrance, window, or Outdoor service area. A marquee is not a canopy. changeable copy sign A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. aA Sign on which the message changes more than eight times per day shall be considered an animated Sign and not a changeable Copy sign for purposes of this ordinance. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be Considered a "time and temperature" portion of a Sign and not a commercial message Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or 1/23/92 250 calls attention to a business, product, service, or other commercial activity. Director The Planning Director of the city and its Extraterritorial Zoning Jurisdiction or his or her designee. flag Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. freestanding sign 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. incidental sign 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 shall be considered incidental. interstate sign A sign containing advertising copy and/or the name of the business or use which is expressly intended to attract business from those traveling on the U.S. Interstate system. lot Any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of transfer of ownership. marquee Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather. marquee sign Any sign attached to, in any manner, or made part of a marquee. nonconforming sign Any sign that does not conform to the requirements of this ordinance. pennant 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. person Any association, company, corporation, firm, organization, or partnership, singular or plural, of any kind. portable sign Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, 1/23/92 251 including, but not limited to, signs designed to be transported by means of wheels; Signs converted to A- or T-frames; balloons use¢ 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, projecting sign Any sign affixed toa building or wall in such a Manner that it’s leading edge extends more than six inches beyond the surface of such building or wall. residential sign Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offereq on the premises where the Sign is located, if offering such service at such roof sign Any sign erected and constructed wholly on and over the roof of a building, Supported by the roof structure, and extending roof sign, integral Any sign erecteq or constructed as an integral or essentially integral Part of a normal roof structure of setback The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line. sidewalk sign A temporary and moveable sign Placed on the Sidewalk. Maximum 6 Square feet, sign 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, well as pedestrian traffic) that Provides direct or indirect access to property, including, but not limited to, alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, terraces, trails, or other thoroughfares. 1/23/92 252 street frontage The distance for which a lot line of a zone lot adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street. suspended sign A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface. temporary sign Any sign that is used only temporarily and is not permanently mounted. wall sign Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface. window sign Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. zone lot A parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by the zoning regulations. 18.65.040 COMPUTATIONS Ref: Aopendix The following principles shall control the computation of sign area and sign height. A. Computation of Area of Individual Signs The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself. B. Computation of Area of Multifaced Signs The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed 1/23/92 253 back to back, so that both faces cannot be viewed from any point at the Same time, and when such sign faces are Part a of Cc. Computation of Height The height of a Sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the Sign. Normal grade shall be construed to be the lower of (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be D. Computation of Maximum Total Permitted Sign Area for a Zone Lot in Table 18.65.050.B, Maximum Total Sign Area, to the lot frontage, building area, or wall area, as appropriate, for the zoning district in which the lot is located. Lots fronting on two or more streets are allowed the permitted Sign area for each street frontage. However, the total sign area that is oriented toward a particular street may not exceed the portion of the lot’s total sign area allocation that is derived from the lot, building, or wall area frontage on that street. allowed only with prior permit approval in the zoning districts represented by that column. Special conditions may apply in some cases. If the letter "yu appears for a sign type in a column, such a sign is not allowed in the zoning districts represented by that column under any circumstances, 1/23/92 254 Although permitted under the previous paragraph, a sign designated by an "S", "SR", or "P" in Table 18.65.050.A shall be allowed only if: The sum of the area of all building and freestanding signs on the zone lot conforms with the maximum permitted sign area as determined by the formula for the zoning district in which the lot is located as specified in Table 18.65.050.B; The size, location, and number of signs on the lot conform with the requirements of Tables 18.65.050.C and 18.65.050.D, which establish permitted sign dimensions by sign type, and with any additional limitations listed in Table 18.65.050.A; The characteristics of the sign conform with the limitations of Table 18.65.050.E Permitted Sign Characteristics, and with any additional limitations on characteristics listed in Table 18.65.050.A. 1/23/92 255 On the tables in this ordinance, AS Agriculture Suburban District B-1 B-1 Neighborhood Service District R_R-S_ Residential, Suburban Country Estates District B-2 B-2 Community Business District R-1 Residential, Single Family, Low Density District B-3 B-3 Central Business District R-2 Residential, Single Family, Medium Density District M M-1 Commercial - Light Manufacturing District R-2a Residential, Single Family, Mediun Density District M-2 Manufacturing And Industrial District R-3a Residential, Two Family, Medium Density District BP BP Business Park District RM R-3 Residential, Medium-Density District PLI Public Lands And Institutions District R-MH Residential, Single Family Mobile Home District HMU Historic Mixed Use District RH R-4 Residential, High-Density District NC Neighborhood Conservation Overlay District RO R-O Residential, Office District EO Bozeman Area Entryway Overlay District TABLE 18.65.050.A. PERMITTED SIGNS BY TYPE AMD ZONING DISTRICT Sign Type AS R RM RH R-0 B-1 B-2 B-3 | BP PLI Haw NC EO Freestanding Residential P Pp Pp P P N N N N N N N SR N Other® S/SR S/SR s s Ss S/SR Ss $s Ss $s $s S/SR SR S/SR Incidental° N N p! p? p4 p4 P Pp Pp Pp Pp P pé S/SR Interstate N N N N N N $s N N N N N N s! Temporary $ s s s s S/SR § s s Ss s s SR S/SR Building Banner N N N N N N $s s s s $s S/SR N S/SR Building Marker® P P P P P P P P P P P P SR P Canopy N N N N N S/SR § s s s s S/SR SR S/SR Identification’ P P P P P P P P P P P P SR P Incidental? N N pt pi p! pe Pp Pp Pp P P P N P Marquee N N N N N N s $s N N N $/SR SR $/SR Projecting N N N N N S/SR_ § s s s s S/SR SR S/SR Residential" P P Pp P Pp N N N N N N N SR N Roof N N N N N N N N N N N N N N Roof, Integral N N N N N N s s N N N S/SR SR S/SR Suspended P N s Ss N S/SR § s s s s S/SR__—s SR S/SR Temporary” N N N P P P P P N N P N N Pp Wall P P s Ss s S/SR s S s Ss s S/SR SR S/SR Window N N N N N p! p! p! N p! N N p! p Miscellaneous Banner® N N N N N S/SR § s N N N S/SR_ SR S/SR Flag" P P P P Pp P P P Pp Pp Pp Pp Pp P Portable N N N N N N N N N N N N N Allowed without sign permit SR = Allowed only with sign permit and Certificate of Appropriateness from P= S = Allowed only with sign permit N - Not Allowed (reserve) No commercial message offered on the premise S/SR Appropriateness if the Design Review Allowed with sign Board (DRB) permit only if in compliance with all applicable Standards; allowed only with sign permit and Certificate of any exceptions to specific conformity are requested allowed on sign, except for a commercial message drawing attention to an activity legally S. No commercial message of any kind allowed on sign if such message is legible from any location off the zone lot on which the sign is located. Only address and name of occupant allowed on sign. May include only building name, date of construction, or historical data on historic site; must be cut or etched into masonry, bronze, or similar material. 1/23/92 256 No commercial message of any kind allowed on sign. The conditions of Section 18.65.150. of this ordinance apply. Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, shall be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag net flown in accordance with such protocol shall be considered a banner sign and shall not be subject to regulation as such. See Entryway Overlay District design objectives for boundaries of the interstate signage district. Window signs shall not occupy more than 25% of total window area. 1/23/92 257 TABLE 18.65.050.8. MAXIMUM TOTAL SIGN AREA PER ZONE LOT BY ZONING DISTRICT" AS R RA RH R-O B-1 B-2 B-3 4 BP PLI wc’ The maximum total area of all signs on a zone lot except incidental, building marker, and identification signs, and flags* shall not exceed the lesser of the following: Maximum Number of Total Square Feet’ 16 2 32 32 32 64 400 250 250 250 64 64 b. Percentage of Ground Floor Area of Principal Building NA NA NA NA NA 2% 10% 2% 2% 2% 2% 2% b. Square Feet of Signage Per Linear Foot of Street Frontage NA NA 2 5 5 1.0 1.5 1.5 NA 1.5 1.0 1.9 b. EQ a. Exceptions To Specific Conformity Nothing herein shall be construed as requiring the removal of existing off-premise signs (billboards) located within the jurisdiction of the Mo ntana Outdoor Advertising Act, the Federal Highway Beautification Act, and the City of Bozeman, as long as said off-premise signs are in compliance with said Acts and other applicable federal, state, and local regulations. Other exceptions to the area limitations of this table may be granted solely by the City Commission under the following circumstances: 1. Notwithstanding the general and specific provisions of this chapter, certain nonconforming signs that are deemed to be a positive contributing element to the Bozeman area’s developmental character may be retained and preserved. Such determination shall be made by the DRB in the same manner as provided for in the issuance of a "Certificate of Appropriateness" as set forth in Chapter 18.42 of this ordinance. For the Purpose of making these determinations, the DRB’s authority shall include the entire zoning jurisdictional area and include all signs irrespective of their age or lack of relationship with historic landmarks or districts. Appropriateness. Within the Bozeman Area Entryway Overlay District, signage may exceed the limitations imposed by this Table by up to 20% upon review and approval by the Design Review Board and upon receipt of a Certificate of i. Signage in conjunction with landscaping, architectural character, scenic views, parking, access, utilities, lighting, pedestrian and bicyclist safety, will be evaluated against the Entryway Overlay District Design Objectives Plans. ii. The owner/sign user shall have the burden of Satisfactorily showing the proposal meets either the specific provisions of this chapter or the Design Objectives Plans of the plan encompassing the property’s location. fii. Interstate signage, where permitted by Design Objective Plans, may be in excess of the maximum totals permitted by this table. c. Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, shall be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not flown jn accorance with such Protocol shall be considered a banner sign and shall be subject to regulation as e. For every one square foot of sign constructed there shall be a minimum of four square feet of Landscaping required in excess of minimum required by landscaping ordinance. Or subject to Design Review Board approval, trees or 1/23/92 258 TABLE 18.65.050.C. MUMBER, DIMENSIONS, AND LOCATION OF INDIVIDUAL SIGNS BY ZONING DISTRICT" Sign Type AS R RM RH R-O B-1 B-2 B-3 MK BP PLI ree wc! EO” Individual signs shall not exceed the applicable maximum number dimensions or setbacks shown on this table and on Table 18.65.050.D. Freestanding Area (sq. ft.) 16 2 12 12 12 32 43° 43° 48° 43° 48° 48° g. g. Height (feet) 5 5 5 5 5 8 8° 8° 8? 8° 8° 8° g. g- Setback (linear ft.)° 5 5 5 5 5 5 10 5 10 10 5 5 & g.g. Number Permitted" 40 5 0 4/0 5 Ss Per Zone Lot 1 1 NA 1 NA 1 NA NA NA NA NA NA g. g- Per Feet of Street Frontage" NA NA 1 per NA 1 per NA 1 per 1 per 1 per 1 per 1 per 1 per g. g. 200 200 200 100 200 200 200 100<— g.g. Building Ron OF Beo OQ QMO AIO AOA 2APa Goo 170 Area (max. sq. ft.) 16 2 20 20 20 NA NA NA NA NA NA NA 9. g. Wall Area (percent)® NA NA NA NA NA 10% 15% 10% 15% 10% 5% 5% g. g. a. Exceptions to specific conformity Nothing herein shall be construed as requiring the removal of existing off-premise signs (billboards) located within the jurisdiction of the Montana Outdoor Advertising Act, the Federal Highway Beautification Act, and the City of Bozeman, as long as said off-premise signs are in compliance with said Acts and other applicable federal, state, and local regulations. Other exceptions to the applicable maximum number, dimensions or setbacks shown on this table may be granted solely by the City Commission under the following conditions: . 1. 1/23/92 Notwithstanding the general and specific provisions of this chapter, certain nonconforming signs that are deemed to be a positive contributing element to the Bozeman areas developmental character may be retained and preserved. Such determination shall be made by the DRB in the same manner as provided for in the issuance of a "Certificate of Appropriateness" as set forth in Chapter 18.42 of this ordinance. For the purpose of making these determinations, the DRB’s authority shall include the entire zoning jurisdictional area and include all signs irrespective of their age or lack of relationship with historic landmarks or districts. Within the Bozeman Area Entryway Overlay District, signage may exceed the limitations imposed by this Table by up to 20% upon review and approval by the Design Review Board and upon receipt of a Certificate of Appropriateness. i. Signage in conjunction with landscaping, architectural character, scenic views, parking, access, utilities, lighting, pedestrian and bicyclist safety, will be evaluated against the Entryway Overlay District Design Objectives Plans. ii. The owner/sign user shalt have the burden of satisfactorily showing the proposal meets either the specific provisions of this chapter or the Design Objectives Plans of the plan encompassing the property’s location. iii. Interstate signage, where permitted by Design Objective Plans, shall be in excess of the maximum totals permitted by this table. Freestanding sign(s) shall not exceed a total area of 48 square feet nor eight feet in height, provided, however, that for every three feet said sign is set back from fifteen feet beyond the street right-of-way, the height measured at street grade may be increased one foot, not to exceed an aggregate total of twenty- eight feet, and the area may be increased one and one-half square feet, not to exceed an aggregate total of ninety-six square feet. In addition to the setback requirements on this table, signs shall be located such that there is at every street intersection a clear view between heights of 3 feet and 10 feet in the street vision triangle as described in Section 18.50.080 of the Bozeman Zoning Ordinance. Lots fronting on two or more streets are allowed the permitted signage for each street frontage, but signage cannot be accumulated and used on one street in excess of that allowed for lots with only one street frontage. The percentage figure here shall mean the percentage of the area of the wall of which such sign is a part. ALL signage is subject to DRB review and issuance of a Certificate of Appropriateness. This figure shall be in conformance with the underlying zoning district. 259 TABLE 18.65.050.p. MUMBER AMD DIMENSIONS OF CERTAIN INDIVIDUAL SIGuS BY SIG TYPE Vertical Clearance From Sidewalk From Maximum or Private Public Number Al Lowed Maximum Sign Area Height Drive or Parking 9¢ % Freestanding Residential, Other, and Incidental Interstate Building Banner Building Marker Canopy Identification Incidental Marquee Projecting Residential Roof Roof, Integral Suspended Temporary Wall Window Miscellaneous Banner Flag Portable 1/23/92 See Table 18.65.050.c 1 per zone lot NA 1 per bldg. 1 per bldg. 1 per bldg. NA 1 per bldg. 1 per bldg. 1 per zone lot NA 2 per principal bldg. 1 per entrance See Section 18.65. 140 NA NA Ses See Table 18.65.050.c 400 sq. ft. 65 ft. NA Ht. of bldg. eave 4 sq. ft. 25% of vertical surface of canopy 15 ft. NA 2 sq. ft. NA 15 ft. 48 sq. ft. 15 ft. NA NA NA NA NA NA NA 60 sq. ft. Ht. of bldg. NA 260 NA 30 ft. 9 ft. 9 ft. NA 9 ft. 9 ft. NA 9 ft. NA NA 9 ft. 9 ft. NA NA 30 ft. 12 ft. 12 ft. NA 12 ft. 12 ft. cs SSESE 12 ft. 12 ft TABLE 18.65.050.E PERMITTED SIGN CHARACTERISTICS BY ZONING DISTRICT AS R RM RH B-O B-1 B-2 B-3 4M BP PLI Hu ONC EO ‘mated N N N N N N N S/SR N N N N N S/SR Cnangeable Copy N N N N N N s s s H s N N S/SR Illumination,” Internal® N N N N N s° s $s s $s s* S/SR_ SR $/SR IL Lumination,” External NX N p* p° p* ° s s s s s° S/SR_ SR S/SR Illumination,” Exposed bulbs or neon’ N N N N N N S/SR S$ N N S/SR_ SR S/SR P = Allowed without sign permit SR = Allowed only with sign permit and certificate of appropriateness S$ = Allowed only with sign permit from the Design Review Board (DRB). N = Not allowed S/SR = Allowed with sign permit only if in compliance with all applicable standards; allowed only with sign permit and Certificate of Appropriateness if any exceptions to specific conformity are requested. a. No direct light of significant glare form the sign shall be cast onto any adjacent zone lot that is zoned and used for residential purposes. b. Signs which are to be illuminated electrically shall require a separate electrical permit in conformity with the Electrical Code of the City of Bozeman. c. Itlumination Illuminated signs must conform with the following requirements: i. Any direct light used for the illumination of a sign shall be shielded so that the beams or rays of light will not shine directly onto surrounding areas. ii. Neon light less than 30 milliamps may be direct, between 30 and 60 milliamps must be shielded or diffused, ) and above 60 milliamp shall be prohibited. iii. Internal fluorescent sign lighting shall be limited to 800 milliamps. iv. Signs in agricultural and residential zoning districts may be non-illuminated, internally illuminated or indirectly illuminated. Illuminated signs, other than identification signs, shall be turned off between the hours of 11:00 p.m. and 7:00 a.m. unless illumination is required for safety purposes. Vv. Signs in non-residential zoning districts may be indirectly, directly, or internally illuminated. Any illuminated sign located within three hundred feet of any lot in a residential zoning district and visible from said lot shall be turned off no Later than 11:00 p.m. or one-half hour after the use to which it is appurtenant is closed, whichever is later, and remain off until 7:00 a.m., but this time limit does not apply to any light primarily used for the protection of the premises or provisions of light for safety reasons. Prohibited Lighting i. Open light bulbs, excluding neon less than 30 milliamps. ii. Blinking, flashing or rotating lights except in those situations in which attention-drawing devices are required to alert the public to a potential hazard. d. Movement Limitations The movement of a sign or signs, or any parts thereof, shall be limited to two revolutions, changes, or actions per minute and shall not be designed or operated in a manner which will simulate blinking, lashing, or rotating lights. 1/23/92 261 18.65.060 PERMITS REQUIRED If a sign requiring a permit under the provision of this ordinance is to be Placed, constructed, erected, or modified on a zone lot, the owner of the lot shall secure a sign permit prior to the construction, Placement, erection, or modification of such a sign in accordance with the requirements of Section 18.65.130. Furthermore, the Property owner shall Maintain in force, at all times, a Sign permit for such Sign in accordance with Section No signs shall be erected in the public right-of-way except in accordance with Section 18.65.0909 and the permit requirements of Section 18.65.160. No sign permit of any kind Shall be issued for an existing or Proposed sign unless Such sign is consistent with the requirements of this ordinance (including those protecting existing Signs) in every respect and with the Master Signage Plan or Common Signage Plan in effect for the property. 18.65.070 DESIGN, CONSTRUCTION, AND MAINTENANCE All signs shall be designed, constructed, and maintained in accordance with the following standards: Bu the electrical code of the city and its Extraterritorial Zoning Jurisdiction at all times. All signs shall comply with applicable Provisions of the Uniform ilding Code and Except for banners, flags, temporary Signs, and window signs conforming in all respects with the requirements of this ordinance, all signs Shall be constructed of permanent materials and Shall be permanently attached to the ground, a wall, frame, or structure. All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this code, at all times. 18.65.080 MASTER OR COMMON SIGNAGE PLAN No permit shall be issued for an individual sign requiring a permit unless and until a Master Signage Plan or a Common Signage Plan for the zone lot on which the sign will be erected has been submitted to the Director and approved by the Design Review Board as conforming with this section. 1/23/92 262 B. Master Signage Plan For any zone lot on which the owner proposes to erect one or more signs requiring a permit, unless such zone lot is included in a Common Signage Plan, the owner shall submit to the Director a Master Signage Plan containing the following: A scaled plot plan of the zone lot, at such scale as the Director may reasonably require (min. 1" = 20’ typical); Location of buildings, parking lots, sidewalks, driveways, water retention, and snow storage areas on such zone lot; Landscape plan including a listing of all plants (planting and mature sizes) vegetation, ground cover, topographical contours, fences, walls, exterior lighting and irrigation systen. Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of freestanding signs allowed on the zone lot(s) included in the plan under this ordinance; and An accurate indication on the plot plan and landscape plan of the proposed location of each present and future sign, it’s height and area, of any type, whether requiring a permit or not, except that incidental signs need not be shown. Specific standards for consistency among all signs on the zone lots affected by the Plan with regard to: Lettering or graphic style; Lighting; Location of each sign on the buildings; Material; and Sign proportions. Common Signage Plan If the owners of two or more contiguous (disregarding intervening streets and alleys) zone lots or the owner of a single lot with more than one building (not including any accessory building) file with the Director for such zone lots a Common Signage Plan conforming with the provisions of this section, a 25 percent increase in. the maximum total sign area shall be allowed for each included zone lot. This bonus shall be allocated within each zone lot as the owner(s) elects. 1/23/92 263 Provisions of Common Signage Plan The Common Signage Plan shall contain all of the information required for a Master Signage Plan. Limit on Number of Freestanding Signs Under Common Signage Plan restrictions as the owners of the zone lots may reasonably determine. Consent shall require. Procedures szroceaures A Master or Common Signage Plan Shall be included in any development plan, site Plan, planned unit development plan, 1/23/92 264 J. Binding Effect After approval of a Master or Common Signage Plan, no sign shall be erected, placed, painted, or maintained, except in conformance with such plan, and such plan may be enforced in the same way as any provision of this ordinance. In case of any conflict between the provisions of such a plan and any other provision of this ordinance, the ordinance shall control. 18.65.090 SIGNS IN THE PUBLIC RIGHT-OF-WAY No signs shall be allowed in the public right-of-way, except for the following: A. Permanent Signs Permanent signs, including: Public Signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic; Informational signs of a public utility regarding its poles, lines, pipes, or facilities; and Awning, projecting, and suspended signs projecting over a public right-of-way in conformity with the conditions of Table 18.65.050A of this ordinance. Temporary Signs Temporary signs for which a permit has_ been issued in accordance with Section 18.65.160, which shall be issued only for signs meeting the following requirements: Such signs shall contain no commercial message; and Such signs shall be no more than two square feet in area each. Emergency Signs Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right-of-way. Other Signs Forfeited Any sign installed or placed on public property, except in conformance with the requirements of this section, shall be 1/23/92 265 Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance; Traffic control Signs on private property, such as Stop, Yield, ana Similar Signs, the face of which meet Department of Transportation Standards and which .contain no commercial e Sign is located, but only if each such sign does not exceed two square feet, including without limitation such signs as "no smoking", "restroom", "no Solicitors", "Self service", and "vacancy", Suspended from a Canopy, or included as an integral Part of a free-standing Sign in commercial/industrial areas. A flag, pennant, or insignia of any nation, Organization of Nations, state, county, city, religious, civic or fraternal organization, or any education institution. 1/23/92 266 B. Incidental signs, as defined in this Chapter, including traffic directional signs which do not exceed eight square feet in area nor five feet in height. Copy changes on a changeable copy, or marquee sign, for maintenance where no structural changes are made, or for copy changes on signs using interchangeable letters. Event Directional Signs One such sign is allowed at each major change of direction plus one per 1,320 feet. No sign shall be placed within 100 feet of a property on which there is a residence without the written permission of the owner and the resident of the premises. The area of each sign shall be no more than 16 square feet, the maximum height shall be five (5) feet and the distance between the sign and the right-of-way shall be at least 15 feet. Directional signs may not be illuminated. The sign may be single or double-faced. The text displayed on such signs shall be limited to the name of the destination, the direction to the destination, and the distance to the destination. 6 Such signs shall not be located closer than 100 feet to a similar sign on the same parcel of land. Open-house Directional Signs Open-house directional signs are signs which give direction to a property which is for sale or for lease to which the public is invited for walk-in inspection. There shall be a maximum of three such signs for each home or group of homes in a subdivision. Such signs may have a maximum area of six (6) square feet and may be freestanding. Such signs may be single or double-faced and shall not be illuminated. Such signs may be used only when a salesperson is on duty at the home for sale. No such sign shall be so places as to create a traffic hazard. 1/23/92 267 Such signs shall not be located Closer than 100 feet toa Similar sign on the Same parcel of land. "No Trespassing" Signs "No Trespassing" Signs shall be allowed in all zones. This sign shall not be larger than four (4) square feet and may be freestanding. Such signs shall not be placed in any right-of-way nor placed SO as to create a traffic hazard. Such signs shall not be located closer than 100 feet to a Similar sign on the Same parcel of land. Grand Opening Signs Use of grand opening sign(s) are subject to the approval of the Planning Director. The sign or Signs shall not be displayed more than 60 consecutive days. There shall be only one grand opening sign per business. The maximum size of a grand opening sign shall be 48 square feet. The maximum height of a grand opening sign shall be 8 feet. Grand Opening Flags Use of grand opening flags shall be subject to the approval of the Planning Director. The flag or flags shall not be displayed more than 60 consecutive days. There shall be n more than ten (10) grand opening flags per business. The maximum size of a grand opening flag shall be ten square feet. The maximum height of a grand opening flag shall be 35 feet. Political Campaign Signs Political campaign signs 60 days prior to a City, County, State or Federal elections and 1 day after said elections date. 1/23/92 268 18.65.110 SIGNS PROHIBITED UNDER THIS ORDINANCE All signs not expressly permitted under this ordinance or exempt from regulation hereunder in accordance with the previous section are prohibited in the city and its Extraterritorial Zoning Jurisdiction. Such signs include, but are not limited to: Beacons; Flashing lights; Pennants; Flags or banners for the purpose of advertising; Strings of lights not permanently mounted to a rigid background, except those exempt under the previous section; and Inflatable signs and tethered balloons. Portable signs 18.65.120 GENERAL PERMIT PROCEDURES The following procedures shall govern the application for, and issuance of, all sign permits under this ordinance, and the submission and review of Common Signage Plans and Master Signage Plans. A. Applications All applications for sign permits of any kind and for approval of a Master or Common Signage Plan shall be submitted to the Director on an application form or in accordance with application specifications published by the Director. B. Fees Each application for a sign permit or for approval of a Master or Common Signage Plan shall be accompanied by the applicable fees, which shall be established by the governing body of the city and its Extraterritorial Zoning Jurisdiction from time to time by resolution. Cc. Completeness Within five working days of receiving an application for a sign permit or for a Common or Master Signage Plan, the Director shall review it for completeness. If the Director finds that it is complete, the application shall then be processed. If the Director finds that it is incomplete, the Director shall, within such five-day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this ordinance. 1/23/92 269 D. Action Within seven working days of the submission of a complete application for a sign permit, the Director shall either: 1. Issue the sign permit, if the Sign(s) that is the subject of the application conforms in every respect with the requirements of this ordinance and of the applicable Master or Common Signage Plan; or 2. Reject the sign permit if the Sign(s) that is the subject of the application fails in any way to conform with the requirements of this ordinance and of the applicable Master or Common Signage Plan. In case of a rejection, the Director shall specify in the rejection the section or sections of the ordinance or applicable plan with which the sign(s) is inconsistent. E. Action on Plan On any application for approval, which requires DRB action, a Master Signage Plan or Common Signage Plan, the Director shall take action on the applicable one of the following dates: 1. Fourteen working days after the submission of a complete application if the application is for signs for existing buildings; or 2. On the date of final action on any related application for building permit, site Plan, or development plan for signs involving new construction. On or before such applicable date, the Director shall either: 1. Approve the proposed plan if the sign(s) as shown on the Plan and the plan itself conforms in every respect with the requirements of this ordinance; or 2. Reject the Proposed plan if the sign(s) as shown on the plan or the plan itself fails in any way to conform with the requirements of this ordinance. In case of a rejection, the Director shall specify in the rejection the section or sections of the ordinance with which the Plan is inconsistent. 18.65.130 PERMITS TO CONSTRUCT OR MODIFY SIGNS Signs identified as "S", or "SR" on Table 18.65.050.A shall be erected, installed, or created only -in accordance with a duly issued and valid Sign construction permit from the Director. Such 1/23/92 270 permits shall be issued only in accordance with the following requirements and procedures. A. c. Permit for New Sign or for Sign Modification An application for construction, creation, or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawings to show the dimensions, design ,structure, and location of each particular sign, to the extent that such details are not contained on a Master Signage Plan or Common Signage Plan then in effect for the zone lot. One application and permit may include multiple signs on the same zone lot. Inspection Unless waived by the Planning Director, all signs shall be subject to the following inspections as appropriate. Footing inspection on all freestanding signs. Electrical inspection on all illuminated signs. Inspection of braces, anchors, supports and connections on all signs. The Director shall cause an inspection of the zone lot for which each permit for a new sign or for modification of an existing sign is issued during the sixth month after the issuance of such permit or at such earlier date as the owner May request. If the construction is not substantially complete at the time of inspection, the permit shall lapse and become void. If the construction is complete and in full compliance with this ordinance and with the building and electrical codes, the Director shall affix to the premises a permanent symbol identifying the reference. If the construction is substantially complete but not in full compliance with this ordinance and applicable codes, the Director shall give the owner or applicant notice of the deficiencies and shall allow an additional 30 days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse. If the construction is then complete, the Director shall affix to the premises the permanent symbol described above, Liability For Insurance and Damages The provision of this Sign Code shall not be construed to relieve or to limit, in any way, the responsibility or liability of any person, firm or corporation which erects or owns any sign for personal injury or property damages caused 1/23/92 271 by or attributed to a sign, nor shall the provision of this code be construed to impose upon the City of Bozeman, its officers, or its employees any responsibility or liability by reason of the approval of any sign under the provisions of this code. 18.65.140 SIGN PERMITS The owner of a zone 1] this ordinance Shall at all times maintain in force a sign permit for such property. Sign permits shall be issued for individual zone lots, notwithstanding the fact that a particular zone lot may be included with other zone lots in a Common Signage Plan. A. Lapse of Sian Permit renewed, or the Master or Common Signage Plan 18.65.080 is modified. aA Sign permit Shall also lapse if the business renewed. B. Assiqnment of Sign Permits A current and valid sign permit shall be freely assignable to a successor as owner of the property or holder of a business license for the Same premises, subject only to filing such application as the Director may require and Paying any applicable fee, The assignment shall be accomplished by filing and shall not require approval. 18.65.150 TEMPORARY SIGN PERMITS (PRIVATE PROPERTY) A. Term A temporary sign permit shall allow the use of a temporary sign for a Specified 30-day period. B. Number 1/23/92 272 c. Other Conditions A temporary sign shall be allowed only in districts with a letter "S" for "Temporary Signs" on Table 18.65.050A and subject to all of the requirements for temporary signs as noted therein. 18.65.160 PERMITS FOR SIGNS IN THE PUBLIC RIGHT-OF-WAY Permits for temporary private signs in the public right-of-way shall be issued in accordance with the following conditions: A. Term and Number of Permits The term of such a permit shall be 60 days. No more than one permit for calendar year. For any sign containing the name of a political candidate, the candidate shall be deemed to be the applicant. B. Number of Signs No more than 20 signs may be erected under one permit. Cc. Identification of Permitted Signs Each sign erected under such a permit shall contain an official stamp of the Director, authenticating the sign and giving the number of the permit and the date of issuance. D. Other Conditions In addition to applicable fees otherwise payable, the applicant shall post a bond of $25 for each sign authorized by the Director’s stamp, which bond shall be held to ensure the removal of the signs and shall be refundable upon the surrender to the Director of the actual sign(s) for disposal. The bond on any sign not surrendered for disposal within 75 days of the issuance of the permit or actually removed by the city because it is located on public property on a day more than 60 days after the date of permit issuance shall be forfeited. 18.65.170 TIME OF COMPLIANCE: NONCONFORMING SIGNS AND SIGNS WITHOUT PERMITS Except as otherwise provided herein, the owner of any zone lot or other premises on which exists a sign that does not conform with the requirements of this ordinance or for which there is no current and valid sign permit shall be obligated to remove such sign or, in the case of a nonconforming sign, to bring it into conformity with the requirements of this ordinance. 1/23/92 273 Signs Existing on Effective Date For any sign existing in the city and its Extraterritorial Zoning Jurisdiction on February 12, 1990, an application for a sign permit must be submitted to the Director before February 12, 1992, For any sign on property annexed at a its construction, but which by reason of its size, height, location, design, or construction is not in conformance with the requirements of this ordinance, shall be issued a Nonconforming Sign Permit if an application in accordance with Section 18.65.170.1. of this ordinance is filed by February 12, 1992. which were made nonconforming by the adoption of this ordinance, to remain in place and be maintained for a period not exceeding the following: 1/23/92 274 Sign Amortization Schedule Adjusted Market Value of Nonconforming Sign Time from October 1, for which Termination and Removal is Required Less than $2,000 October 1, 1992 $2,001 to $4,000 October 1, 1994 $4,001 to $6,000 October 1, 1996 Greater than $6,000 October 1, 1998 1991 The adjusted market value of a permanent nonconforming sign shall be the original cost of the sign, plus the cost of the original installation of the sign, less 5% of the original cost of the sign for each year the sign has been standing prior to the effective date of the Sign Code. Proof of the adjusted market value of this sign shall be provided to the Planning Director by the owner of the permanent nonconforming sign. All non-conforming signs shall be presumed to have an Adjusted Market Value of less than $2000 until evidence documenting a higher value is provided to the Planning Director by the owner of the permanent non-conforming sign. * or, upon proof by owner, to the end of the signs "write down" life per Federal I.R.S. filings initiated prior to the adoption of this ordinance. No action may be taken which increases the degree or extent of the nonconformity. Such signs are also subject to the provisions of Section 18.65.170.3. A change in the information on the face of an existing nonconforming sign is allowed. However, any nonconforming sign shall either be eliminated or made to conform with the requirements of this Section when any proposed change, repair, or maintenance would constitute an expense of more than 25 percent of the lesser of the original value or replacement value of the sign. Transportable signs within the zoning jurisdiction of the City of Bozeman are deemed not to meet the purposes and objectives of this chapter. The signs, by the nature of their design and inability to be permanently integrated into the design of the site they are intended to serve, create distraction and visual clutter in the community. In addition, the electronic transportable signs may present safety and fire hazards, as electrical circuitry wires and cords are subject to the elemental hazards of the Bozeman area’s harsh weather. 1/23/92 275 1. At the earliest time after February 12, 1990 that the lease in effect on February 12, 1990 On such sign expires, or 2. February 12, 1992, In addition, all displays on such signs requiring electrical power supply shall be terminated on July 16, 1990, Lapse of Nonconforming Sign Permit A Non-Conforming Sign Permit shall lapse and become void under the same circumstances as those under which any other sign permit may lapse and become void. See 18.65.140.1. Sign Removal Required Violations Any of the following shall be a violation of this ordinance and shall be subject to the enforcement remedies and penalties Provided by this ordinance, by the zoning ordinance, ana by state law: To install, create, erect, or maintain any sign requiring a permit without such a permit; To install, create, erect, or maintain any sign ina way that is inconsistent with any plan or permit governing such sign or the zone lot on which sign is located; To fail to remove any sign that is installed, created, erected, or maintained in violation of this ordinance, or for which the Sign permit has lapsed; or 1/23/92 276 To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this ordinance. — Each sign installed, created, erected, or maintained in violation of this ordinance shall be considered a separate violation when applying the penalty portions of this ordinance. 18.65.190 ENFORCEMENT AND REMEDIES Any violation or attempted violation of this ordinance or of any condition or requirement adopted pursuant hereto shall constitute a misdemeanor and may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law. A violation of this ordinance shall be considered a violation of the zoning ordinance of the city and its Extraterritorial Zoning Jurisdiction. The remedies of the city shall include the following: Issuing a stop-work order for any and all work on any signs on the same zone lot; Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity; Imposing any penalties that can be imposed directly by the city under the zoning ordinance; Seeking in court the imposition of any penalties that can be imposed by such court under the zoning ordinance; and In the case of a sign that poses an immediate danger to the public health or safety, taking such measures as are available to the city under the applicable provisions of the zoning ordinance and building code for such circumstances. The city shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of the zoning ordinance. All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation. 1/23/92 277 A. Revocation of si n Permit ROE pign Permit The Planning Director has the authority to revoke any sign permit if the Sign authorized by the permit has been 1. 1/23/92 Notice of the Planning Director’s decision to revoke a Sign Permit shall be served upon the holder of the permit and the Property owner; a) by personally delivering a coy of the notice to the holder of the permit, or to one of its officers and to the Property owner; or b) by leaving premises; or Cc) in the event that no such person can be found, by affixing a copy of the notice ina conspicuous Position at an entrance to the premises and by depositing The notice Shall state the reasons and grounds for revoking the pernit, specifying the deficiencies or defects in such sign and the violations Charged. Such Before bringing an action to require removal of any illegal sign, the Planning Director shall give written notice to the Owner of the sign or the owner of the premises on which such Sign is located. The notice shall a. Notice Period (1) The notice period shall be fourteen (14) days. 278 b. Re-erection of any sign or substantially similar sign on the same premises after a notice has been issued shall be deemed a continuance of the original violation. If the owner or lessee of the premises upon which the sign is located has not demonstrated to the satisfaction of the Planning Director that his sign has been removed or brought into compliance with the provisions of this Sign Code by the end of the notice period, then the Planning Director shall certify the violations to the City Attorney for prosecution. Removal a. The Planning Director is authorized to cause the removal of any sign adjudged to be illegal by a court of competent jurisdiction if the court so orders. All the actual cost and expense of any such removal by the Planning Director shall be borne by the owner of such sign installation and the owner of the premises on which located; each of them shall be jointly and severally liable therefore, and an action for recovery thereof may be brought by the City Attorney upon proper certification thereof to him by the Planning Director. B. Signs Placed in the Public Right-of-Way 1. 1/23/92 The Planning Director shall remove or arrange for the removal of any sign placed in a public right-of-way or public easement by any non-governmental entity, unless specifically permitted by this Chapter or authorized by the City Manager thorugh the issuance of a ‘Revocable Permit’. Before removing any sign placed in a public right-of-way, the Planning Director shall take a photograph or arrange for a photograph to be taken of the sign and its location. The photograph shall be of such quality as to provide incontestable proof that the sign was, in fact, located in a public right-of-way prior to its removal and impoundment. The owner of the sign shall be notified of the removal by telephone and by mailing a notice to the owner confirming such phone notification. This notice shall be called a Sign Recovery Notice. 279 A copy of the Sign Recovery Notice shall be held on file in City Hall attached to the Photograph of the sign at the time of removal. The sign shall be returned to the owner or the owner’s agent upon Payment of: a. Cost to the City of removing and impounding sign, plus b. Fee for recovery of the impounded sign, set by the City, plus c. Per diem storage charge also set by the City. However, the City will only impound such sign for a maximum of 60 days, after which the City shall not be responsible for returning the sign to its owner. Cc. Illegal, Prohibited and Inadequately Maintained Signs 1. 1/23/92 The Planning Director shall notify the owner of any illegal, prohibited, or inadequately maintained Signs, or signs subject to Section 18.65.100 of this Sign Code, A copy of such notice Shall also be sent to the owner of the property on which the offending sign is located if the owner of the property is someone other than the owner of the sign. The notice shall state clearly and briefly the manner in which the sign is in violation of the City’s Sign Code citing, as May be appropriate, the section and paragraph of code violated. The owner of the sign may appeal, pursuant to Chapter 18.58, the Planning Director’s determination that the sign is in violation of this Sign Code. In the event corrective action is not undertaken or an appeal of the Planning Director’s determination that the subject sign is in violation of this Sign Code is not made, the Planning Directors shall, using proper legal procedures, cause a complaint to be served on such sign owner. 280 D. 7. The complaint shall contain: 1) date, time and place and the sections(s) of the code of the alleged violation, 2) the date, time and place for the sign owner to appear, 3) an affirmation signed by the Planing Director or designated representative that the violation exists, and 4) warning of default if the sign owner or his representative fails to appear as specified in the complaint. 8. Removal: The Planning Director is authorized to cause the removal of any sign adjudged to be illegal, prohibited or inadequately maintained by a court of competent jurisdiction, if the court so orders. All the actual cost and expense of any such removal by the Planning Director shall be borne by the owner of such sign installation and the owner of the premises on which located; each of them shall be jointly and severally liable therefore, and an action for recovery may be brought by the City Attorney upon proper certification to him by the Planning Director. 9. Using proper legal procedure, the Planning Director may summon the assistance of the City of Bozeman Police Department to cause action to be taken to correct the offending sign. Emergency Removal or Repair 1. The Planning Director is authorized to cause the immediate removal or repair of any sign or signs found to be unsafe or defective to the extent that it creates an immediate and emergency hazard to persons or property. 2. If the Planning Director has determined that an immediate hazard to persons or property exists, then prior notice to the property owner or lessees shall not be required. However, after removal or repair of the sign is completed, the Planning Director shall make a reasonable effort to notify the property owner or lessee that the unsafe or defective sign was removed or repaired. 3. All the actual cost and expense of any such removal or repair shall be borne by the owner of such sign and by the owner of the premises on which the sign is locate; each of them shall be jointly and severally liable therefore, and an action for recovery may be brought by the City upon proper certification of such cost and/or expense by the Planning Director. 1/23/92 281 CHAPTER 18.70 VIOLATION, PENALTIES AND SEPARABILITY 18.70.0110 COMPLAINTS OF ALLEGED VIOLATIONS-FILING AND RECORDING Whenever a violation of this Ordinance occurs or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof, shall be filed with the Planning Director. He shall record properly such complaint and immediately investigate and take action thereon as provided by this Ordinance, 18.70.020 VIOLATION - PENALTY - ASSISTING OR ABETTING - ADDITIONAL REMEDIES aS SUNS REMEDIES A. Violation of the provisions of this Ordinance or failure to than five hundred dollars or imprisoned not more than six months, or both, and in addition shall pay all costs and expenses involved in the case, Each day such violation continues shall be considered a separate offense and punish- B. 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. any violation. 18.70.030 SEPARABILITY Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid. 1/23/92 282 APPENDIX DETERMINING AREA AND HEIGHT OF SIGNS: EXAMPLES AREA OF SIGNS Qa. For a sign having more than one component (e.g., a service station identification/price Sign combination mounted on the same support), the sign area will be the area of the smallest rectangle that encompasses the several components of the sign. x 4 cas} ey |: AV ttt * b. Sign copy mounted or painted on a background panel or area distinctively painted, textured or constructed as a background for the sign copy, shall be measured as the area contained within the outside dimensions of the background panel or surface. f x | JACK’'S GARAGE a Sign copy mounted as individual letters and/or graphics against a wall or fascia of a building or wall of a fence or other structure that has not been painted, textured or otherwise altered to provide a distinctive background for the sign copy, shall be measured as the area enclosed by the smallest single rectangle that will enclose all sign copy. ~~ ‘ ~ on r + a + | a | i oe Bi sk MY : | I ef! ~. Sign copy mounted or painted on an internally illuminated \ surface or illuminated architectural element of a building, or a sign copy is the actual illuminated Surface itself, shall be measured as the entire illuminated Surface or illuminated architectural element which contains sign copy. x + A. 5 * TTAUEE ATT TTTA TTT ET TT Ppack-a-sac ANA | Z — = Wet Sign copy integrated into, or built, made or Part of the actual structure of a wall or fascia of a building or wall of a fence or other type of Structure, regardless of whether the sign copy is of the same color, texture or material than the entire Structure, shall be measured as the area enclosed by the smallest Single rectangle that will enclose all sign copy. . ! av 747 ws“ / / Where there are one or more sign faces, the area shall be defined as follows: One face--~Area of the single face only Two faces~--If the interior angle between the two faces is 45 degrees or less, the area will be the area of one face only; if the angle between the two sign faces is greater than 45 degrees, the sign area will be the sum of the areas y ae ‘ Three more faces---The sign area will be the sum of the areas of each of the faces. Spherical, free-form, sculptural, other non-planar signs- --Sign area will be the sum of the areas uSing only four vertical sides of the smallest cube that will encompass the Sign. ae a cam ” HEIGHT OF SIGNS ~ a. Lalli Freestanding and Freestanding Wall Sians;: Height shall be the distance from the top of the Sign structure to the top of curb or crown of roadway where no curb exists. The height of any monument base or other structure erected to Support or ornament the sign shall be measured as part of the sign height. NTHONY ‘4 —S—=—_—— SIGN Eg GINS . HEIGHT Mela, fa df. 4 W ign Buildin nD i Height shall be the distance from the top of the sign structure to the top of the curb or crown of road where no curb exists. i GERS ZN vey KEIONT LT Adit | ——= if 7) Page 1 of 11 October 1, 2020 Marlene Chris Synergy Engineering and Konsulting Western Mountain Investments LLC marlene@seakmt.com chris@westernmountaininvestments.com RE: Development Review Comments for the Sundance Springs Phase 1B Commercial Lot 2 Conceptual Review Application No. 20298; Sundance Springs Subdivision Phase 1B, Commercial Lot 2 Plat J-257, Geocode No. 06-0798-25-1-08-14-0000, Bozeman, MT. Dear Applicants: Your September 2, 2020 application for a Conceptual Review of development of two commercial buildings on the above-referenced 1.3-acre property was reviewed by the City’s Development Review Committee (DRC) on September 23, 2020 and their comments are noted below. If you have questions about the comments please contact the reviewer directly. If you have any questions about the content of this letter, please feel free to contact me at 406- 582-2285 or smontana@bozeman.net. We look forward to working with you on this proposal and await your site plan submittal. Thank you. Sincerely, Susana Montana, Senior Planner, Department of Community Development Attachments: Fire apparatus turn-around requirements Trash enclosure solid waste requirements Page 2 of 11 Application No. 20298; Sundance Springs Commercial Lot 2, Phase 1B Site Plan CONR review comments Context: Property/Site: Commercial Lot 2, Plat J-257 Sundance Springs Subdivision Phase 1B. Geocode: 06-0798-25-1-08-14-0000; no address; 1.3 acres in size Zoned B-1, Neighborhood Service District pursuant to the 1998 Sundance Springs Planned Unit Development (PUD) Master Plan. The Site is designated for a “Village Store” in the Sundance Springs Master Plan map. The Future Land Use Plan map of the City’s Community Plan/Growth Policy designates the Site for Community Commercial Mixed Use development. The Site is designated a Landscape Block Frontage on its west (S. 3rd Avenue) and south (Little Horse Dr.) frontages. The north frontage of the Site borders a City Park and trail and any buildings facing the park/trail would meet the Mixed Block Frontage standards per the Bozeman Municipal Code (BMC) Section 38.510.030.I. Property is an irregularly-shaped corner lot at the northeast corner of S. 3rd Avenue and Little Horse Road. It is bordered on the east by the Middle Creek Ditch watercourse which lies within the Sundance Springs Subdivision Open Space Lot which is owned, operated and maintained by the Sundance Springs Home Owners Association (HOA). It is also bordered on its north, east and west sides by a portion of that Sundance Springs open space designation. The subdivision plat shows a 13.47-foot wide open space easement bordering the Site on its west frontage. North of the Site lies the 0.417-acre Ellis View Estates Public Park owned, operated and maintained by the City of Bozeman, granted to the City by the Ellis View Estates subdivision developer. Within the bounds of the Site is a gravel/dirt trail meandering along its northern and western edges which connects to trails within the larger Sundance Springs open space lot to the east and to an existing sidewalk along the Little Horse Rd. right-of-way (ROW). Bordering the Site to the west is S. 3rd Avenue and to the south is Little Horse Road. There is no sidewalk abutting the Site along S. 3rd Avenue. Proposed Development: The Applicant is proposing to develop a commercial center consisting of two 2-story buildings, parking areas, trails, a splash-park water feature, and an on-site trail extension to the existing trail on the north edge of the Site. The Applicant is proposing to build one building which would house 2nd-story office use and a ground floor micro-brewery and restaurant (Building #1). A second building would house 2nd-story office use and ground floor retail and a neighborhood grocery store (Building #2). The Applicant would develop, own, operate and maintain the common areas including vehicle and bicycle parking, landscaping, open space and recreation amenities and trails. Page 3 of 11 Community Development Department Comments, Susana Montana, Senior Planner, 406- 852-2285, smontana@bozeman.net: Note that the BMC references herein refer to the relevant sections and tables of the Bozeman Municipal Code (BMC) also known elsewhere as the Unified Development Code (UDC). 1. BMC 38.410.100.A.1.a (1) b. Watercourse Setback. The concept site plan does not show or label the required watercourse setback from Middle Creek Ditch (formal name) shown with a “ghosted” label of “Spring Creek”. There is one label of 50-feet at the southern end of the site plan but it does not extend to the entire east side of the Site. There is also a light image of a blue line near the eastern trail but it does not match the legend for “watercourse setback” and is hard to see. Please provide a wetlands delineation report and amended site plan with this area shown. Note that no fence, commercial structure, fill material, parking or other similar improvements may be located within required watercourse setback [38.410.100.A.1.a. (2)]. Please show and label the dimensions of the required watercourse setback relative to all such features on the Site. 2. 38.510.020. F.1 and 38.510.030.I. Block Frontage orientation. Pursuant to the BMC Block Frontage hierarchy, buildings on the Site must first be sited and placed on the property to face the street, then a park or trail, and then a parking area. The buildings on this Site must face either S. 3rd Avenue or Little Horse Rd. Both the S. 3rd Avenue and Little Horse Rd. frontages are designated Landscape Block Frontages. Pursuant to 38.510.030.C, parking must be placed to the side or rear of the buildings. a. According to the site plan Sheet C-101 and the Ground Floor Planned Uses Sheet C- 102A, Building #1 has its main entrance facing Little Horse Rd. which meets the Landscape Block Frontage standard. However, it is showing parking spaces “in front of” the building facing the Little Horse Road Landscape Block Frontage. This is not permitted with the Landscape Block Frontage designation; please remove the parking from this frontage. b. The site plan and Sheet C-102A shows Building # 2 with its main entrance facing a parking lot on the north side of the Site, rather than facing S. 3rd Avenue. Furthermore, the Landscape Plan Sheet C-104 shows a 3-feet high earthen berm along the S. 3rd Avenue property boundary with tall landscaping along the berm which would obscure views of both buildings from the S. 3rd Avenue frontage. The secondary hierarchy Block Frontage for Building #2 would be that of its north frontage which abuts a designated Sundance Springs Open Space Lot and trail. If Building #2 cannot “fit” along the Little Horse Rd. or be seen from its S. 3rd Avenue Page 4 of 11 frontage due to the berm and vertical vegetation, it should address the standards of 38.510.030.I which require the standards of a Mixed Block Frontage per Table 38.510.030.C, with a minimum building setback of 10-feet from the Sundance Springs open space/trail easement. Please provide a code-complying pedestrian connection from the open space trail to the Building #2 entrance. With a site plan submittal, please provide a narrative, site plan and elevations for Building #2 addressing these standards. 3. BMC 38.510.030.C. Landscape Block Frontage. It is noted that there are two “frontages” for this corner lot: the S. 3rd Avenue frontage designated a Landscape Block Frontage and the Little Horse Rd. frontage also designated a Landscape Block Frontage. On those frontages, a 10-foot wide landscaped setback is required and this appears to be provided. Please clearly label those setbacks on the site and landscape plans. 4. BMC 410.020.A. Neighborhood Center. The proposed 1.3-acre development would serve as half of the neighborhood center for the Sundance Springs subdivision; the 5-acre Commercial Lot 1 to the south would complete the required neighborhood center for this subdivision. 5. Land Uses. The 1998 Sundance Springs PUD designated this property as B-1, Neighborhood Service District, pursuant to the 1992 zoning ordinance. That designation allowed food stores and restaurants as principal permitted uses. The 1992 zoning ordinance required office use and restaurants serving alcoholic beverages to seek and justify conditional use authorization. Current Bozeman Municipal Code (BMC) standards for a B-1 zone-equivalent is the B-1, Neighborhood Commercial District. Currently, the current B-1 zone allows office and grocery stores as principal uses but requires Special Use authorization for restaurants selling alcohol (BMC 38-230.120). Breweries of this scale would be deemed “manufacturing, artisan” and would be a principal permitted use without the on-site sale of alcohol. If you wish to sell the alcoholic beverage for consumption on-site, please submit an application for the Special Use permit with the site plan submittal. The Special Use permit criteria for evaluating your project are found in BMC sections 38.230.100, 38.230.120 and 38.230.110.e through I. This process is an administrative process, although it does require public notice involving a posted notice on the property, mail notice to adjacent property owners, and a legal notice in the local newspaper. Page 5 of 11 6. Lot Size. a. The 1992 B-1 zone limited lot size to 5,000 square feet (sf) and 50-feet in width. It limited building height to 32-feet and allowed 100% lot coverage. It is noted that this lot is 1.3-acres in size with a lot width along Little Horse Rd. at 131.57-feet; both exceed the PUD B-1 zoning standard. This may be deemed administratively as a legal nonconforming lot area conditions pursuant to BMC 38.380.030. Please make that request in your site plan narrative. b. The current BMC B-1 zone standards (1) do not limit lot size; (2) allow 100% lot coverage; (3) require a minimum 50-feet lot width; (4) requires a minimum floor-to- ceiling (FTC) height of 13-feet for the first floor of buildings; and (5) limits building heights to 38-feet if the roof pitch is greater than 3:12. The proposed buildings are 30-feet in height with a ground-floor floor-to-ceiling height of 13-feet; both meet BMC standards. 7. Setbacks. The 1992 B-1 zone requires a 25-foot front yard, a 20-feet rear yard and 5- feet side setbacks. The current BMC B-1 zone requires zero to 10-feet front landscaped setbacks, a 10-feet rear setback, and 5-feet side setbacks per BMC 38.320.020.F and 38.510.030.C. For these setback purposes, the “front” of the Site abuts Little Horse Road; its rear abuts the Sundance Springs open space lot to the north; and the sides are the Middle Creek Ditch irrigation ditch/Sundance Springs open space lot to the east and S. 3rd Avenue to the west with the 13.47-feet trail easement along that lot frontage. The site plan labels this 13.47-feet open space easement as 10-feet and does not indicate that it is a platted easement (which it is); please label that easement in the revised site and landscape plans. 8. BMC 38.400. 110 and 38.420.110. Transportation pathways. a. The existing Sundance Springs Trail gravel/dirt trail lies within the Site along its north and west edges. This trail is deemed a Recreation Pathway per 38.420.110.B and must meet those standards for development, easement and maintenance. b. Please provide details of the development/improvements for the “proposed trail extension” along the east and southeast side of the Site. c. The S. 3rd Avenue frontage is deemed a “Transportation pathway” and must meet the sidewalk, bike lane, trail standards of 38.400.110.B.1 with the 5-feet wide Landscape Block Frontage sidewalk standards of Table 38.510.030.C. The site plan does not show a sidewalk along the S. 3rd Avenue right-of-way connecting to the Little Horse Rd frontage sidewalk. It shows a 2-foot addition to an existing asphalt pathway; however, this does not connect to the Little Horse sidewalk. The Road Improvements Sheet C-103 Note No. 3 indicates that a bike lane will be provided Page 6 of 11 within the S. 3rd Avenue ROW to “tie into the existing bike lane 500’ north of the property”. Note No. 4 states that sidewalk widths are 5 feet. d. Building #2 has its main entrance facing a parking lot and the Sundance Springs open space and trail beyond. Therefore, its “frontage” represents a Mixed Block Frontage pursuant to BMC 38.510.030.I. The building has ground floor retail uses must meet the setback standards of BMC Table 38.510.030.D. Per the BMC B-1 zoning, Table 38.320.050, the first floor must have the minimum 13-feet FTC height. The storefront façade must meet the façade transparency standards of the Storefront block frontage per BMC 38.510.030.D and B. The Mixed Block Frontage designation and standards do not limit the location of the associated parking lot, so it may be located in front of the building. The sidewalk must be a minimum of 5- feet wide with an extra 2 feet width provided where parking spaces abut the sidewalk per BMC 38.520.040.D.2. Please make this correction to Note No. 4 on Sheet C-103 and on Sheet C-104. e. BMC 38.400.110.G and 38.420.110.E and F. Please provide a copy of the recorded perpetual public access easement for the north and west trails located within the Site and provide a copy of the maintenance agreement for those trails in perpetuity, including snow removal. 9. Parking. a. Parking for commercial land uses is calculated at the “net” square footage which, per 38.540.010.A.1.a, means 85% of the gross floor area of each use. Sheet C-120B lists the office use as a combined gross floor area of 5,465 square feet (gsf). The net square footage, at 85%, is 4,645 sf. The parking requirement for office use at a ratio of 1 space per 250 net sf is 18 spaces. b. Sheet C-102A shows retail uses of a combined 2,208 gsf requiring 6 parking spaces at a ratio of 1:300 for the 1,876 net sf (nsf) of that space. c. That same sheet shows a micro-brewery establishment with 577 gsf of beer production space which would require 1 parking space at the manufacturing rate of 1:1,000 nsf, plus 1 space per 2 employees of the brewery on a maximum working shift. For this purpose we will assume a maximum brewery shift of two employees for a total of 2 parking spaces for this brewery use. d. Sheet 102A shows a brewery tasting room/restaurant with 1,183 gsf of indoor serving area and 622 gsf of outdoor serving area. The parking requirement for this use is 1 space per 50 nsf of indoor serving area plus 1 space per 100 nsf of outdoor serving area. The parking requirement for the 1,005 nsf of indoor serving space is 20 parking spaces and for the 528 nsf of outdoor serving space is 5 spaces for a Page 7 of 11 total of 25 spaces for this use. The total minimum parking requirement for all uses on the Site is 51 off-street parking spaces. The site plan is showing 47 spaces which is deficient by 4 spaces. Note that the 5 spaces abutting Building #1 to the south are not allowed in front of the Little Horse Rd. Landscape Block Frontage area. Please reconfigure the parking lot areas and correct the Table C.103 on Sheet C-103 as follows, filling in the blanks in the table below. Land Use Gross sf on site Net sf at 85% of gsf Ratio of Required spaces to nsf No spaces required No. spaces provided Differences Requested Reduction per 38.540.050.A.2.c(1), Table 050-4 office 5,465 4,645 1 per 250 nsf 18 20% or 3 spaces retail 2,208 1,876 1:300 nsf 6 40% or 2 spaces brewery 577 490 1:1,000 nsf plus 1:2 employees 2 30% or 0.5 Restaurant 1,183 indoor serving space 1,005 1:50 nsf 20 % of 25 or 12 spaces 622 outdoor serving space 528 1:100 nsf 5 Total vehicle parking spaces requires for the Site 51 47 -4 Bicycle parking required at 10% of required vehicle # 5 33 +28 e. Note No. 12 of Sheet C-103 refers to a Mixed Block Frontage designation. The Site has two frontages, both of which are designated Landscape Block Frontages which require parking to be to the side, rear, below or above uses. A mixed Block Frontage designation would only apply to the Site’s north boundary which abuts an open space/trail per 38.510.030.I. Please make this correction to Sheet C-103. 10. BMC 38.520.040. Non-motorized circulation and design. a. Please label the widths of sidewalks on the site plan, landscape plan and road improvements sheet. b. Please show a pedestrian crosswalk meeting the standards of this section on all parking lot rows to the adjacent building. Please describe the materials to be applied. c. Please provide a pathway from the drive aisle to each of the bicycle parking areas. d. Please provide a pedestrian pathway connecting the 3rd Avenue on-site trail to the entrance to Building #1 and from the north off-site open space trail to the entrance to Building # 2. Page 8 of 11 11. The Site area is 1.312-acres in size or 57,150 sf. The open space requirement for commercial developments is 2% of the site area or 1,143 sf for this Site. Sheet C-103 Note No. 11 indicates that the open space provided on-site is 7,312 sf. Please provide a calculation box or table on both the site plan and landscape plans showing what elements constitute this open space and the size of each. 12. 38.520.070. B. Loading Zones. Please show a loading zone for deliveries to both buildings with screening required by this section. 13. BMC 38.220.100. Landscape Plan. a. Please make corrections to the Sheet C-104 Landscape Plan per the Block Frontage, open space and parking comments noted above. b. Please provide a calculation box or table showing the contents of the landscape plan required by BMC 38.220.100.C.5 through 10 and 17. c. The legend that is associated with Note No. 2, is not accurately shown on the map. Please add the species icon next to the row for that species on the requested landscape table. d. Please correct Note No. 4 to add the additional 2-feet to sidewalks that abut parking spaces where parked vehicles could block pedestrian pathways per BMC 38.520.040.D.2. e. On Sheet C-104, Note No. 7, please also provide a calculation or table showing the required open space requirement and identifying what elements, and their square footage, that constitute this open space. f. BMC 3/.520.040. Non-motorized circulation and design. Please show a pedestrian connection from the main entrance of Building #2 to the existing “walking and bike path” of the Sundance Springs Open Space Lot to the north of the Site. Please show a pedestrian connection from the S. 3rd Avenue bike trail and internal trail to the sidewalk of Building #1. g. Please label the width of the minimum 3-feet of landscaping separating the sidewalk and the building façade per 38.520.040.D.3. h. Please add a note on Sheet C-104 stating that no parking space shall be located more than 70-feet from a tree per 38.550.050.C.2.c. 14. BMC 38.520.070. Service areas and mechanical equipment. On the site plan, landscape plan and road improvements sheets, please show the locations and design of trash enclosures meeting these standards as well as the access standards of the City’s Solid Waste Division. It is noted that there is no turn-around area for garbage trucks or fire engines. These large vehicles cannot be expected to back-out of parking lots. Please provide an adequate turn-around area for these large service vehicles (handout attached). Page 9 of 11 15. BMC 38.570.010. Lighting. Please show the location of parking lot lighting standards on the landscape plan and road improvements sheets. Please provide details of the light standards and cut sheets of all exterior light fixtures with the site plan submittal. 16. Building Design. a. BMC 38.510.030. Block Frontage standards. As noted above, the facades of the buildings with the main entrances must meet the applicable Block Frontage standards for ground-floor treatments including minimum floor-to-ceiling heights, building placement, building entrance treatments, façade transparency, weather protection features and parking location. Please provide a calculation box for each façade describing the required and provided façade transparencies. b. BMC 38.530.040. Building massing and articulation. Please describe in a narrative and show and label on the building elevation sheets how each building meets the façade articulation requirements of subsection B and C. c. BMC 38.530.050. Building details. Please describe in a narrative and show and label on the building elevation sheets how each building meets the building detail standards of subsection B and E. d. BMC 38.530.060. Building materials. Please provide a narrative and table describing how each façade building materials meets these standards. e. Which building façade is depicted on Sheet C-120? 17. BMC 38.410.130.Water Rights. Please describe how the development proposes to meet the regulations of this section of the BMC. Bozeman Fire Department, Scott Mueller, Deputy Chief/Fire Marshal, 582-2382, smueller@bozeman.net. Please provide a fire apparatus turn-around meeting the standards of the 2018 International Fire Code, Appendix D (attached). Page 10 of 11 Bozeman Solid Waste Division, Russ Ward, Assistant Superintendent, rward@bozeman.net | 406-582-3235 1. Need to identify location of refuse enclosure. 2. Need detailed plan for refuse enclosure (see attached handout). 3. Refuse enclosure will need to be covered. Northwest Energy, Tom Stewart, District Engineer – Bozeman Division O 406-582-4602, C 406-223-0573, thomas.stewart@northwestern.com New Construction (1-833-672-9453) Apply Online at www.northwesternenergy.com/construction 24-Hour Service 888-467-2669 121 East Griffin Drive I P.O. Box 490 I Bozeman, MT 59771-0490 20298 – SUNDANCE SPRINGS Commercial CONR, Kory Graham Project Engineer. Will the buildings need three phase or single phase electric service? Elevation plans show only one building which looks similar to building #2 as shown on the site plan. Need to show proposed gas and electric meter locations on both the building site plan and elevation plans. Meter location. NorthWestern Energy reserves the right to specify the location of our meters. All meters are to be located outdoors on the corner of the building or wall area closest to the transformer serving your property. On new construction, electric meter locations must be within 10 feet of the gas meter if NorthWestern Energy will be providing both electric and gas service. Meter locations will need to be approved by NWE. NWE policy is to maintain a minimum 30-inches wide by 3-feet clear zone Page 11 of 11 between the front of the meter and landscape screening and allow easy access to the meters for operation and maintenance. This can be determined through the design process after an application is submitted through NWE and the area project engineer will work through allowable shrubs and plants for screening and to determine adequate clearances for access to our meters. The following applies to all buildings in regards to the gas regulator. The gas regulator cannot be placed under a window or within 3’ of the operable portion of the window. It can be placed under a window/deck on the second story, provided the “open/operable” portion has at least 6’ of clearance from the regulator. Ensure that there is 10’ of separation from any mechanical air intake, including air conditioning units. The regulator will need to be 3’ from the closest corner of any portion of the electric meter base. Submitting an application to NWE will get the NWE project engineer involved and can help with this process. Transformer location to Building. If the buildings will be requiring 3 phase power a transformer pad site should be planned. Typical 3-phase pad is going to be a 7’x7’ pad. For oil filled transformers a 2-foot clearance is required to non-combustible walls and surfaces that do not have any openings such as doors, windows, air intake, and fire escapes routes. For transformers 750kVA & larger a 3-foot 6-inch clearance is required. For both locations, 10-feet of clearance is required on the front side of the pad where the transformer doors are located. Note, all distances are referenced to the edge of the pad. For any combustible surface a minimum of a 10-foot clearance is required. For planting of bushes or shrubs a Minimum Working Space for a Pad-Mounted Transformer, is 4- feet on the sides and back portion of the concrete pad and 10-feet of clearance on the front side of the pad where the transformer doors are located. Note, all distances are referenced to the edge of the pad. The NWE project engineer will help to determine the appropriate location for the transformer. Utility easement. Any extension of gas main or electric primary will need to be installed within an easement. To establish the needed utility easement locations the NWE project engineer and Northwester Energy’s real estate representative will help to establish these locations as well as the needed documentation. Submit an application online to have the area project engineer work with the applicant. Go to www.northwesternenergy.com/construction to apply online Montana Construction Application, and access Montana New Service Guide to provide information on electric and gas service requirements. 12/13/22, 11:42 AM Search | Montana Secretary of State https://biz.sosmt.gov/search/business 1/1 Business Search Results: 2 Form Info Status Registration Date Agent Sundance Springs Neighborhood Services Owners' Association, Inc. (D1310192) Domestic Non-Pro t Corporation Active- Good Standing 09/13/2022 Chris Leonard sundan Advanced © 2022 MT Secretary of State Login SUNDANCE SPRINGS NEIGHBORHOOD SERVICES OWNERS' ASSOCIATION, INC. (D095039) Domestic Non-Pro t Corporation Involuntary Dissolution 06/09/1998 JOSEPH W SABOL SUNDANCE SPRINGS NEIGHBORHOOD SERVICES OWNERS' ASSOCIATION, INC. (D095039) Domestic Non-Pro t Corporation Request Information D095039 Domestic Non-Pro t Corporation Mutual Bene t Corporation with members Involuntary Dissolution This record can no longer be reinstated. Please le a new registration. No Montana N/A N/A 06/09/1998 12/01/2003 04/15/2003 Noncommercial RA00000418 JOSEPH W SABOL 225 E MENDENHALL BOZEMAN, MT 59715 Filing Number Entity Type Entity SubType Status !Reinstatement 501(c)3 Status Formed In Principal Address Mailing Address Registration Date Inactive Date !AR Due Date Registered Agent View History HomeHome SearchSearch FormsForms ListsLists 12/13/22, 11:43 AM Search | Montana Secretary of State https://biz.sosmt.gov/search/business 1/1 Business Search Results: 2 Form Info Status Registration Date Agent SUNDANCE SPRINGS NEIGHBORHOOD SERVICES OWNERS' ASSOCIATION, INC. (D095039) Domestic Non-Pro t Corporation Involuntary Dissolution 06/09/1998 JOSEPH W SABOL sundan Advanced © 2022 MT Secretary of State Login Sundance Springs Neighborhood Services Owners' Association, Inc. (D1310192) Domestic Non-Pro t Corporation Active- Good Standing 09/13/2022 Chris Leonard Sundance Springs Neighborhood Services Owners' Association, Inc. (D1310192) Domestic Non-Pro t Corporation RequestInformation D1310192 Domestic Non-Pro t Corporation Mutual Bene t Corporation with members Active-Good Standing No Montana N/A PO BOX 370 BOZEMAN, MT 59771-0370 09/13/2022 04/15/2023 Noncommercial RA1225241 Chris Leonard 113 E OAK ST STE 4A BOZEMAN, MT 59715-2974 Filing Number Entity Type Entity SubType Status 501(c)3 Status Formed In Principal Address Mailing Address Registration Date AR Due Date Registered Agent View History HomeHome SearchSearch FormsForms ListsLists