HomeMy WebLinkAbout24- Ordinances 2155 - Ordinance Title Unknown DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
so2�'�t
ORDINANCE 2155
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA GENERALLY REVISING CHAPTER 38 AND CHAPTER 40 OF THE
BOZEMAN MUNICIPAL CODE TO ESTABLISH NEW WATER EFFICIENT
LANDSCAPE AND IRRIGATION PERFORMANCE AND DESIGN STANDARDS,
AUTHORIZE THE ADOPTION OF A LANDSCAPE AND IRRIGATION
PERFORMANCE AND DESIGN STANDARDS MANAUAL VIA RESOLUTION, AND
PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN,MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City of Bozeman("City")has adopted land development and use standards to protect
public health, safety and welfare and otherwise execute the purposes of Montana Code
Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501.
2. Pursuant to the Bozeman City Charter, the City of Bozeman has adopted and is hereby
relying upon its self-government powers recognizing pursuant to Montana law such self-
government powers must be liberally construed in favor of such power.
3. The Bozeman City Commission is authorized, pursuant to Mont. Code Ann. § 7-13-4402
(2021), to adopt, enter into, and carry out means for securing a supply of water for the use of
the City and its present and future inhabitants.
4. The City of Bozeman has the authority to regulate the use of water for outdoor use pursuant
to Chapter 40 of the Bozeman Municipal Code.
5. The existing municipal water supply of the City of Bozeman is an essential resource that
sustains public health, safety and welfare and is highly susceptible to the impacts of drought
therefore necessitating efficient use and conservation of the limited water resource.
Ordinance 2155
Page 1 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
6. The City is responsible for providing current and future customers with a reliable,
sustainable, and cost-effective supply of high-quality drinking water at all times and is
committed to making the highest and best use of the City's water resources.
7. Bozeman is a semi-arid, headwaters community dependent on limited water supplies that are
subject to impacts from drought.
8. Drought events, population growth, and impacts of climate change on water supply yields,
make Bozeman increasingly susceptible to water supply reliability challenges.
9. The City has the authority to establish regulatory structures and procedures through this
Ordinance to be implemented in conjunction with the Landscape and Irrigation Performance
and Design Standards Manual adopted pursuant to Resolution 5586.
10. The Landscape and Irrigation Performance and Design Standards Manual includes required
water conservation standards be implemented in new development projects to ensure the
efficient use of water for outdoor uses.
11. The City's `Engage Bozeman' framework was utilized to provide community groups with an
opportunity to contribute to decision making processes to inform the contents of the
Landscape and Irrigation Performance and Design Standards Manual.
12. The City of Bozeman adopted the 2013 Integrated Water Resources Plan which calls for
water conservation to reduce the future water supply demand gap by fifty percent.
13. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020), by
Resolution 5133 to establish policies for development of the community.
14. The adopted BCP 2020 includes objectives to support water conservation and the use of
native plants in landscaping, review and update landscape standards for public and private
open spaces to reduce water use, and update land development standards to implement the
Integrated Water Resources Plan.
15. The adopted 2020 Bozeman Climate Plan includes objectives to build on the success of water
conservation education, evaluate additional water conservation code adjustments, and
maintain and expand the urban forest.
16. On December 21, 2021, the City Commission adopted Resolution 5368, adopting the
Bozeman City Commission Priorities for 2022 and 2023, which includes policies to reduce
water consumption related to drought tolerant landscaping and watering restrictions.
17. On February 15, 2022, the City Commission held a work session to provide direction to staff
on the development of`tier 3' water efficient landscape and irrigation standards for new
development projects.
Ordinance 2155
Page 2 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
18. On October 24, 2023, the City Commission adopted Resolution 5547, adopting the 2023
Water Conservation and Efficiency Plan which recommends the implementation and
adoption of a `tier 3' water efficient landscape ordinance for new development projects.
19. The 2023 Parks, Recreation and Active Transportation Plan includes a goal to create
standards for efficient irrigation infrastructure in City Parks.
20. After proper notice, the Community Development Board in their capacity as Bozeman
Zoning Commission/Planning Board held a public hearing on April 1, 2024, to receive and
review all written and oral testimony on the proposed amendments.
21. The Community Development Board acting in their capacity as the Bozeman Zoning
Commission and Planning Board recommended to the Bozeman City Commission that
Ordinance 2155, be approved.
22. After proper notice, the City Commission held a public hearing on April 23, 2024 to receive
and review all written and oral testimony on this Ordinance.
23. The City Commission has reviewed and considered the applicable amendment criteria
established in Mont. Code Ann. § 76-2-304 and the Montana Subdivision and Platting Act
and finds that the proposed amendments are in compliance with the criteria.
Section 2
That Section 38.200.010.D. —38.200.010.E. (Review authority) of the Bozeman Municipal Code
shall be amended to read as follows:
Sec. 38.200.010. Review authority.
D. The city engineer must review and upon recommendation from the applicable advisory
bodies when needed approve, approve with conditions or deny the following site elements
and processes:
14. Protection of landscape areas per paragraph 38.550.050.GI4;
E. The director of utilities must review and upon recommendation from the applicable
advisory bodies as needed approve, approve with conditions or deny the following
development elements and processes:
Ordinance 2155
Page 3 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
5. The maximum length of service lines per section 38.410.070; and
6. Provision of water rights as authorized in section 38.410.130; and
7. Landscape and irrigationplans per section 38.550.060.
All other subsections of this section shall remain unchanged.
Section 3
That Section 38.220.030.A.3. (Subdivision pre-application submittal materials) of the Bozeman
Municipal Code shall be amended to read as follows:
Sec. 38.220.030. Subdivision pre-application submittal materials.
A. The pre-application plan may be a freehand sketch, legibly drawn, showing approximate
boundaries, dimensions, areas and distances. The plan may be drawn directly on a print of a
topographic survey required for the preliminary plat and must include:
3. Utilities. The existing and proposed utilities located on and adjacent to the proposed
subdivision including:
c. Water source for irrigation and general areas to be landscaped and irrigated,
including but not limited to collector and arterial street rights-of-w4. aspen
space.
All other subsections of this section shall remain unchanged.
Section 4
That Section 38.220.040.B. (Subdivision preliminary plat) of the Bozeman Municipal Code shall
be amended to read as follows:
Sec. 38.220.040. Subdivision preliminary plat.
Ordinance 2155
Page 4 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
B. The following information must be submitted along with the preliminary plat.
6. Landscaping and Irrigation.
a. Proof of compliance with water conservation standards outlined in the most recent
version of the City of Bozeman Landscape and Irrigation Performance and Design
Standards Manual and 38.550.050.D. and 38.550.070.
7. Application and fee. Completed preliminary plat application form, with the original
signatures of all owners of record or their authorized representatives, and the required
review fee. If an authorized representative signs on behalf of an owner of record, a copy
of the authorization must be provided.
All other subsections of this section shall remain unchanged.
Section 5
That Section 38.220.060.A.14. (Documentation of compliance with adopted standards) of the
Bozeman Municipal Code shall be amended to read as follows:
Sec. 38.220.060. Documentation of compliance with adopted standards.
A. The following information must be provided with all subdivision preliminary plat
applications in order to document compliance with adopted development standards
unless waived by the development review committee during the pre-application process
per section 38.240.110. The developer must include documentation of any waivers
granted by the city after the pre-application review. Additional relevant and reasonable
information may be required to adequately assess whether the proposed subdivision
complies with this chapter, the Montana Subdivision and Platting Act, and other
applicable standards.
14. Parks and recreation facilities. The following information must be provided for all land
used to meet parkland dedication requirements:
a. Park plan. A park plan, including:
(6) Park conceptual landscaping plan, prepared by a qualified landscape
professional in accordance with section 38.220.100 unless the parks
department has adopted an alternate plan standard, showing the location and
specific types and species of plants, shrubs, trees as well as grass seed mixes
Ordinance 2155
Page 5 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
,. . is of eenneet;�dns, laterals, valves, zones, and sprinkler
leads;
b. Irrigation information.
J
An iffigation system map generally showing the loeations and t-fpes of 1i
. hiding depth, water- > >
drains
and eo tfol 1.,. Irrigation_ system design gompliant with requirements
outlined in the most recent version of the City of Bozeman Landscape and
Irrigation Performance and Design Standards Manual; and
(2) If an existing well will be used for irrigation, a certified well log must be
submitted showing depth of well, gpm, pump type and size, voltage, water
rights, etc.
All other subsections of this section shall remain unchanged.
Section 6
That Section 38.220.070. (Final plat) of the Bozeman Municipal Code shall be amended to read
as follows:
Sec. 38.220.070. Final plat.
A. The following materials must be provided with each application for final plat approval.
Materials must be provided in the number of copies and form established by the director of
community development.
4. Final park plan. For all land used to meet parkland dedication requirements, a final
park plan must be submitted to the city for review and approval prior to final plat. The
final park plan must include all of the information listed in section 38.220.060.A.145
and must include evidence of compliance with the installation requirements of division
38.270. The final park plan irrigation system must comply with requirements outlined
in the most recent version of the City of Bozeman Landscape and Irrigation
Performance and Design Standards Manual.
5. Landscape and irrigation plans.
a. Rights of way. For all collector and arterial rights-of-wa. l�proposed to be
landscaped and irrigated, a detailed landscape and irrigation plan must be submitted
for review and approval prior to final plat or installation, whichever occurs first. The
Ordinance 2155
Page 6 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
detailed landscape and irrigation_ plan must comply with water conservation
standards outlined in the most recent version of the City of Bozeman Landscape and
Irrigation Performance and Design Standards Manual and 38.550.050.D and
38.550.070, and must comply with the installation requirements of division 38.270.
b. Open space. For all open space land proposed to be landscaped and irrigated, a final
landscape and irrigation plan must be submitted for review and approval prior to
final plat or installation, whichever occurs first. The detailed landscape and
irrigation plan must comply with water conservation standards outlined in the most
recent version of the City of Bozeman Landscape and Irrigation Performance and
Design Standards Manual, 38.550.070, and must comply with the installation
requirements of division 38.270.
6-5. Irrigation system record drawingsas builts. The developer must provide irrigation
system as-builts, for all irrigation installed in public rights-of-way and/or land used to
meet parkland dedication requirements, once the irrigation system is installed. The
record drawings as Wilts must, at a minimum, include the exact locations and type of
lines, including accurate depth, water source, heads, electric valves, quick couplers,
drains and control box.
76. Affordable housing. If the plat has used the provisions of division 38.380, the
developer must provide a description of how the subdivision has complied with
division 38.380. The description must be of adequate detail to clearly identify those
lots designated as subject to division 38.380 compliance requirements and to make the
obligations placed on the affected lots readily understandable.
8-7. Conditions of approval. A sheet(s) of the plat depicting conformance with subdivision
application approval must be submitted as set forth in 24.183.1107 ARM as may be
amended and as required by the county clerk and recorder, and must:
j. Include a notation stating- that topsoil depth and topsoil quality requirements must
be met on all future subdivided lots prior to installation of landscaping and
irrigation, as outlined in the most recent version of the City of Bozeman
Landscape and Irrigation Performance and Design Standards Manual.
99. Documents. The following documents must accompany the final plat:
109. For non-public improvements, the developer must provide certification by the
architect, landscape architect, engineer or other applicable professional that all
improvements, including, but not limited to, landscaping, irrigation, ADA accessibility
Ordinance 2155
Page 7 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
requirements, private infrastructure, and other required elements were installed in
accordance with the approved plans and specifications, or plat as applicable, unless a
waiver of certification in whole or part is explicitly approved by the DRC.
All other subsections of this section shall remain unchanged.
Section 7
That Section 38.220.080. (Site plan submittal requirements) of the Bozeman Municipal Code
shall be amended to read as follows:
Sec. 38.220.080. Site plan submittal requirements.
A. Applications for all site plan approvals must be submitted to the community development
department on forms provided by the community development director.
1. General information.
a. Complete, signed application including the following:
(4) Name and mailing address of engineer/architect, landscape architect,
irrigation designer, and/or planner;
2. Site plan information. The following information is required whenever the requested
information pertains to zoning or other regulatory requirements of this chapter,
existing conditions on-site or conditions on-site which would result from the proposed
development:
g. Location, identification and dimension of the following existing and proposed
data, on-site and to a distance of 100 feet(200 feet for PUDs) outside site plan
boundary, exclusive of public rights-of-way, unless otherwise stated:
(18) Landscaping and irrigation (detailed plan showing plantings, irrigation
layout, equipmen4, and other relevant owe information as required in
section 38.220.100);
Ordinance 2155
Page 8 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
k. Description and mapping of soils existing on the site, accompanied by analysis as
to the suitability of such soils for the intended construction and proposed
. Soil in proposed landscaping areas must comply with requirements
outlined in the most recent version of the City of Bozeman Landscape and
Irrigation Performance and Design Standards Manual.
All other subsections of this section shall remain unchanged.
Section 8
That Section 38.220.100. (Submittal requirements for landscape plans) of the Bozeman
Municipal Code shall be amended to read as follows:
Sec. 38.220.100. Submittal requirements for landscape and irrigation plans.
A. These Llandscape and irrigation requirements fegulatiens apply to a lot or site subject to
plan review and approval outlined in division 38.230 of this chapter. A separate landscape
and irri ag tion plan must be submitted as part of the site plan application. The landscape and
irrigation_ plan must comply with requirements outlined in the most recent version of the
City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
tmiess the r-e"ir-ed landseape infoFmation ean be ineluded in a site plan that meets
fefmatting r-equir-ements as deteEmined by the e4y and the standards listed below.
B. Preparation of landscape plan. Landscape plans must be signed by one of the following
qualified landscape professionals:
C. Preparation of an irrigation- plan. Irrigation- plans must be signed- y one of the following
qualified irrigation professionals:
1. A state-registered landscape architect with irrigation credentials;
2. A certified irrigation designer;
3. A licensed or certified irrigation contractor; or
4. An individual with the requisite skills and experience to design an irrigation system. The
director may establish standards for the types of skills and experience required to qualifX
under this subsection.
QD. Contents of landscape plan. A landscape plan required pursuant to this chapter must contain
the following ice:
Ordinance 2155
Page 9 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
1. Property and project information:
a. 4-. Date, scale, north arrow, and the names, addresses, and telephone numbers of
both the property owner and the person preparing the plan;
b. -2-. Location of existing boundary lines and dimensions of the lot;
c. 3 Approximate centerlines of existing watercourses, required watercourse setbacks,
and the location of any 100-year floodplain; the approximate location of significant
drainage features; and the location and size of existing and proposed streets and
alleys, utility easements,utility lines, drive aisles and sidewalks on the lot and/or
adjacent to the lot;
d. 4. Project name, street address, and lot and block description;
e. -5-. Location, height and material of proposed screening and fencing (with berms to
be delineated by one foot contours);
f. 6-. Locations and dimensions of proposed landscape buffer strips, including
watercourse buffer strips;
tons,7. Complete landseape legend pr-eviding a deser-iptien ef plant fnater-ials shown en
the plan, ineluding typieal symbols, names (eemmen and betanieal name), loea
loeation and type of all existing t-Fees on the lot ever-six inehes in ealiper-must be
g_ 8-. Complete illustration of landscaping and screening to be provided in or near off-
street parking and loading areas, including information as to the amount(in square
feet) of landscape area to be provided internal to parking areas and the number and
location of required off-street parking and loading spaces;
9. -An indieation ef hew existing healthy 4ees (if any) are te be retained an
h. 40-. Size, height, location and material of proposed seating, lighting, planters,
sculptures, and water features;
i. �?Location of street vision triangles on the lot(if applicable);
l 4-3-. Designated snow removal storage areas;
k. 44. Location of pavement, curbs, sidewalks and gutters;
1. 4-5-. Show location of existing and/or proposed drainage facilities which are to be used
for drainage control;
m. 4-6-. Existing and proposed grade;
17. Size f rla-PA r s at the time f installation and at,,.,,ter-it,
Ordinance 2155
Page 10 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
18. Areas to be iffigated-;
n. 49-. Planting plan for watercourse buffers,per section 38.410.100, if not previously
provided through subdivision review; and
o. 2-0-. Front and side elevations of buildings, fences and walls with height dimensions if
not otherwise provided by the application. Show open stairways and other projections
from exterior building walls.
2. Plant material and soil information:
a. A landscape plan required pursuant to this chapter must include plant material and soil
information requirements outlined in the most recent version of the City of Bozeman
Landscape and Irrigation Performance and Design Standards Manual.
E. Contents of irrigation_ plan. An irrigation_ plan required pursuant to this chapter must contain
the information listed in the most recent version of the City of Bozeman Landscape and
Irrigation Performance and Design Standards Manual.
All other subsections of this section shall remain unchanged.
Section 9
That Section 38.220.110. (Sketch plan submittal requirements) of the Bozeman Municipal Code
shall be amended to read as follows:
Sec. 38.220.110. Sketch plan submittal requirements.
A sketch plan must be drawn to scale and in sufficient detail to demonstrate compliance
with the requirements of this chapter. Sketch plans must be oriented with north at the top of the
page and must also show site boundaries, street and alley frontages with names, street trees,
water and sewer service locations, sidewalks,parking location and size, and location of all
structures with distances to the nearest inch or nearest tenth of foot between buildings and from
buildings to property lines.
The landscape and irrigation for a lot or site subject to sketch plan submittal requirements
must comply with applicable requirements outlined in the most recent version of the CitYf
Bozeman Landscape and Irrigation Performance and Design Standards Manual.
A Building Permit Landscape & Irrigation Self-Certification Form, as outlined in the most
recent version of the City of Bozeman Landscape and Irrigation Performance and Design
Standards Manual must be submitted with an application for a building,permit unless a waiver of
certification in whole or part is explicitly approved by the review authority.
Ordinance 2155
Page 11 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
Section 10
That Section 38.220.130.A.3.a.(7) (Submittal materials for regulated activities in wetlands) of
the Bozeman Municipal Code shall be amended to read as follows:
Sec. 38.220.130. Submittal materials for regulated activities in wetlands.
A. All parties applying for activity permits proposing action affecting federal, state or city
regulated wetlands, watercourses and/or buffers within the city limits must submit the
following information:
3. If in the preparation or review of the required submittal materials it is determined that
there are unavoidable impacts to wetlands and/or watercourses that will require a
Federal Clean Water Act permit, then the following information must be submitted to
the city for all federal jurisdictional and city-regulated wetlands (see section
38.700.210 for definition) in a compensatory mitigation report:
a. The descriptive narrative must include, at a minimum:
(7) A planting schedule by proposed community type and hydrologic regime,
size and type of plant material to be installed, spacing of plants, "typical'
clustering patterns, total number of each species by community type, timing
of installation, nutrient requirements, watering schedule, weed control, and
where appropriate measures to protect plants from destruction. Native
species must comprise 80 percent of the plants installed or seeded within the
mitigation site. Any irrigation installed in these areas must comply with
requirements outlined in the most recent version of the City of Bozeman
Landscape and Irrigation Performance and Design Standards Manual.
All other subsections of this section shall remain unchanged.
Section 11
That Section 38.220.320.B (Covenants) of the Bozeman Municipal Code be created to read as
follows:
Sec. 38.220.320. Covenants.
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
B. Landscaping and irrigation requirements included in private covenants must comply with
this code and the most recent version of the City of Bozeman Landscape and Irri ag tion
Performance and Design Standards Manual.
All other subsections of this section shall remain unchanged.
Section 12
That Section 38.230.070.A.2. (Sketch plan review) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.230.070. Sketch plan review.
A. Sketch plan submittal requirements.
2. Separate construction plans and compliance with landscaping and irrigation
requirements outlined in the most recent version of the City of Bozeman Landscape
and Irrigation Performance and Design Standards manual are required fleeess for
building permits when the proposal requires such permits. Additional information is
also necessary when the proposal requires the issuance of a certificate of
appropriateness (see sections 38.230.080 and 38.220.090).
All other subsections of this section shall remain unchanged.
Section 13
That Section 38.230.140.A. (Final plan) of the Bozeman Municipal Code shall be amended to
read as follows:
Sec. 38.230.140. Final plan.
A. If the review authority is the city commission, no later than six months after the date of the
commission's approval of the plan, the applicant must submit to the community
development department a final plan. The number of copies of the final plan to be submitted
is established by the director of community development. The final plan must contain the
materials required in sections 38.220.080,and 38.220.090, 38.220.100, and whatever
revisions to the preliminary site plan or master site plan are required to comply with any
conditions of approval. Prior to the passage of six months, the applicant may seek an
extension of not more than an additional six months from the director of community
development.
All other subsections of this section shall remain unchanged.
Ordinance 2155
Page 13 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
Section 14
That Section 38.230.170. (Improvements to existing developed sites independent of site plan
review) of the Bozeman Municipal Code shall be amended to read as follows:
Sec. 38.230.170. Improvements to existing developed sites independent of site plan review.
The continued improvement of existing developed sites is desired to increase the level of
compliance with the provisions of this chapter and to encourage maintenance and viability of the
site. An applicant may propose improvements, not in association with a plan review, to increase
conformity with the standards of this chapter for landscaping, irrigation, lighting,parking or
similar components of a site to occur over a defined period of time, not to exceed three years.
Such improvements must be depicted on a site plan drawn to scale and which must be
sufficiently detailed to clearly depict the current conditions, the intended end result of the
proposed improvements and any phasing of work. Such improvements must be reviewed by and
approved at the discretion of the review authority which may require surety in accordance with
the terms of division 38.270 of this chapter for work performed. A certificate of appropriateness
may be required if the site is located within the neighborhood conservation overlay district.
Section 15
That Section 38.270.010.A. (Purpose and applicability) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.270.010. Purpose and applicability.
A. This division provides standards and procedures relating to the installation of physical
improvements and compliance with requirements related to development. As these
improvements are necessary to meet requirements of the law and to protect public health,
safety and general welfare and other purposes of this chapter it is also necessary to provide
means by which their installation can be ensured. Such improvements may include,but are
not limited to, design elements such as landscaping or architectural features; and
infrastructure, such as parking facilities, storm drainage facilities, pedestrian walkways,
irrigation, and public utilities. Furthermore, in some situations it is in the best interest of the
person conducting development to be able to provide security for the completion of certain
work and be able to begin utilization of a development sooner than would otherwise be
possible if all improvements had to be physically installed before use could begin. This
article therefore protects the public health, safety, and welfare and sources of public funding
by:
All other subsections of this section shall remain unchanged.
Section 16
Ordinance 2155
Page 14 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
That Section 38.270.020.A.2. and 38.270.020.B. (Standards for improvements) of the Bozeman
Municipal Code shall be amended to read as follows:
Sec. 38.270.020. Standards for improvements.
A. General. The developer must comply with the following procedures and standards for the
installation of development improvements, including parks.
2. Protection of existing improvements. The developer, and the developer's contractors
and suppliers are jointly and severally responsible to ensure that existing improvements
are not damaged or rendered less useful by the operation of the developer, and the
developer's contractors or suppliers. Such protection of improvements may include
requirements for cleaning of vehicles leaving a construction site. This provision is
intended to preclude damage to existing roads, streets, water, landscape, irrigation,
sewer and drainage systems. The city may instruct the developer as to the streets or
roads to be used for access by construction equipment, and the developer must require
the same from the developer's contractors and their suppliers. The city may require the
developer to post a security to guarantee repair of damages.
B. Improvements to be dedicated to the public.
1. Plans and specifications. Engineering and survey plans, specifications and reports
required in connection with public improvements and other elements of the
subdivision, or other development required by the city, must be prepared by a
registered engineer or a registered land surveyor as applicable, licensed in the state of
Montana, as their respective licensing laws allow. The plans and specifications must be
prepared in compliance with the city's design standards and specifications policy, park
design standards, the most recent version of the City of Bozeman Landscape and
Irrigation Performance and Design Standards Manual, and other regulations and
policies, as applicable. Plans and specifications for non-engineering improvements
must be prepared by a person whose qualifications are acceptable to the city
department with responsibility for that type of improvements. Plans and specifications
for non-engineering improvements must be prepared in compliance with any
applicable adopted design standards and specifications policy.
4. Improvement procedure.
a. Approval of the improvement plans and specifications must be completed before
installation of improvements or entering into an agreement where security is to be
provided for the completion of the improvements.
Ordinance 2155
Page 15 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
b. The procedure for submittal, review, and approval of improvement plans and
specifications is contained in the city's design standards and specifications policy,
and must be followed by the developer and the developer's contractors. All plans
and specifications related to park and public trail improvements must be
submitted to the parks division for review and approval. All plans and
specifications related to landscaping and irrigation must conform to requirements
outlined in the most recent version of the City of Bozeman Landscape and
Irrigation Performance and Design Standards Manual.
All other subsections of this section shall remain unchanged.
Section 17
That Section 38.270.030.A. and 38.270.030.B.1.b.(2). (Completion of improvements) of the
Bozeman Municipal Code shall be amended to read as follows:
Sec. 38.270.030. Completion of improvements.
A. General. The applicant must provide certification by the architect, landscape architect,
engineer or other applicable professional that all improvements to be dedicated to the public
were installed in accordance with the approved site plan, plans and specifications, or plat as
applicable. For required private improvements, the applicant must provide certification by
the architect, landscape architect, engineer or other applicable professional that all
improvements, including,but not limited to, landscaping, irrigation, ADA accessibility
requirements, private infrastructure, and other required elements were installed in
accordance with the approved site plan, plans and specifications, or plat as applicable,
unless a waiver of certification in whole or part is explicitly approved by the DRC.
1. Improvements to be dedicated to the public. Improvements to be dedicated to the
public, such as water mains, sewer mains, parkland and related improvements,
landscape, irrigation,_ and public streets, must be:
a. Installed by the developer in accordance with the approved plans and
specifications;
b. Certified by a registered professional civil engineer, licensed in the State of
Montana, or other appropriate professional acceptable to the city;
c. Accepted by the city prior to the approval of the final plat, building permit,
issuance of a certificate of occupancy or other identified benchmark as
appropriate.
B. Completion time for subdivisions.
Ordinance 2155
Page 16 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
1. Improvements. All subdivision improvements, including parks, must be constructed
and completed as approved by the city.
b. The subdivider must meet the requirements of either subsection(1) or(2) for
completion of street improvements. The option must be specified in the
preliminary plat submittal. Should the applicant not identify which option is
desired, the option presented in subsection B.l.b.(1) of this section must be
required. Altering the choice of option after approval of the development
constitutes a material modification to the project and requires re-review of the
project for modification to the approval subject to the provisions of section
38.100.070.
(2) The subdivider must enter into an improvements agreement guaranteeing the
completion of the paving, curb, gutter, storm drainage, street lighting,
sidewalks, required boulevard landscape and irrigation, or other street
infrastructure improvements not yet completed. The improvements
agreement must provide security, as explained in this division. However, at a
minimum, the plans and specifications for the street improvements must be
approved by the review authority prior to final plat approval. Building
permits will not be issued until the street improvements are completed and
accepted by the city, except when concurrent construction is an identified
purpose of the initial project review and approved pursuant to the criteria
established in subsection D of this section.
All other subsections of this section shall remain unchanged.
Section 18
That Section 38.270.050.A.2. (Acceptance of improvements) of the Bozeman Municipal Code
shall be amended to read as follows:
Sec. 38.270.050. Acceptance of improvements.
A. Improvements dedicated to the public.
2. Acceptance of park, water, sewer, affd storm drainage, landscape and irri ag t
improvements. Before any public park, water, sewer or-storm drainage, and landscape
and irrigation improvement, whether new or existing, can be accepted into the city
system by the city, it must be built to meet or exceed the required standards. Any
improvement must meet or exceed standards set by the city, Montana Department of
Ordinance 2155
Page 17 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
Environmental Quality, and county road office, as appropriate. Improvements must be
reviewed and approved by the city and other agency, as applicable.
All other subsections of this section shall remain unchanged.
Section 19
That Section 38.270.090.A.2. and B.1. (Development or maintenance of common areas and
facilities by developer or property owners' association) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.270.090. Development or maintenance of common areas and facilities by developer
or property owners' association.
A. General. For the purposes of this section, "common areas and facilities" include:
2. Boulevard strips or street medians in public rights-of-way along external subdivision
streets and adjacent to parks or open space;
B. Development. If common areas or facilities will be developed by a developer or a property
owners' association, a development plan for the common area or facilities must be submitted
with the preliminary plat application or zoning application for review and approval. The
development plan must be reviewed and approved by the city prior to the installation of
improvements in common areas or the installation of common facilities. An approved park
master plan satisfies this requirement.
1. Landscaping and irri ag tion. When landscaping or irrigation systems will be installed
in , common areas or facilities the
development plan must be accompanied by a landscapgi*g and irrigation plan that was
prepared by a qualified landscaping professional and complies with the most recent
version of the City of Bozeman Landscape and Irrigation Performance and Design
Standards Manual. When landscaping or irri ag tion in common areas or facilities is
installed by the subdivider, the subdivider must warrant these improvements against
any and all defects for a period of two years from the date of installation of the
landscaping and irrigation. When landscaping or irri ag tion in a park is installed by the
subdivider, the subdivider must comply with the parks design standards and warrant
these improvements against any and all defects for a period of two years from the date
of installation of the landscaping and irrigation.-
All other subsections of this section shall remain unchanged.
Ordinance 2155
Page 18 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
Section 20
That Section 38.410.060. (Easements) of the Bozeman Municipal Code be amended to read as
follows:
Sec. 38.410.060. Easements.
E. Easements° or City-owned Irrigation Systems. Easements benefitting city must be provided
for irrigationystems and components that will be owned and maintained by the city for use
in public rights-of-way and parks that are located on private land pursuant to this section
and 38.550.070.
&F. Other easements. Public access easements for streets and trails must be provided in
accordance with the provisions of divisions 38.400 and 38.420 of this chapter.
All other subsections of this section shall remain unchanged.
Section 21
That Section 38.410.080.G. (Grading and drainage) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.410.080. Grading and drainage.
G. All finish grades in landscaped areas must comply with the provisions set forth in seetien
38.550.050.J.&
All other subsections of this section shall remain unchanged.
Section 22
That Section 38.410.100.A.2. (Watercourse setback) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.410.100. Watercourse setback.
A. Where a development is crossed by or is adjacent to a watercourse, the developer must
mitigate the impacts of the development on the watercourse. This mitigation may not be
Ordinance 2155
Page 19 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
less restrictive than the requirements of the city floodplain regulations or any other
applicable regulation of this chapter. The purpose of this mitigation is bank stabilization;
sediment, nutrient and pollution removal; and flood control.
2. Setbacks for developments granted preliminary plan or plat approval on or after July
10, 2002. These provisions apply to all developments granted preliminary plat or plan
approval on or after July 10, 2002:
g. If irrigation is to be installed in the setback area, an irrigation plan must be
provided per 38.220.100 and the irrigation_ system must comply with
requirements outlined in the most recent version of the City of Bozeman
Landscape and Irrigation Performance and Design Standards Manual
gh. Except as otherwise allowed in subsections 2.e and f of this section, no
disturbance of soils and existing vegetation shall occur in any zones.
All other subsections of this section shall remain unchanged.
Section 23
That Section 38.410.130.D.2. (Water adequacy) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.410.130. Water adequacy.
D. The city will determine the estimated increase in annual municipal water demand
attributable to the development. The applicant must offset the estimated increase in annual
municipal water demand attributable to the development through one or more of the
following means:
2. Implementation of onsite and/or offsite water efficiency and conservation measures
that reduce the estimated annual municipal water demand attributable to the
development by one or more of the following methods:
Ordinance 2155
Page 20 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
b. Installation of unirrigated, or minimally irrigated, drought resistant or drought
tolerant landscaping that is more water conserving than exceeds the minimum
requirements outlined in the most recent version of the City of Bozeman
Landscape and Irrigation Performance and Design Standards Manual and Chapter
40.. of division 38.550 of this ehapter-.
c. Installation of high efficiency or water conserving irrigation componentry that
exceeds the minimum requirements outlined in the most recent version of the City
of Bozeman Landscape and Irrigation Performance and Design Standards Manual
and Chapter 40. .
All other subsections of this section shall remain unchanged.
Section 24
That Section 38.430.070.B and D. (Phased development) of the Bozeman Municipal Code shall
be amended to read as follows:
Sec. 38.430.070. Phased development.
B. In connection with any phased PDZ development, the city may require the applicant execute
a development agreement, improvements agreement, or other documentation acceptable to
the city ensuring dedication of required parks, open space, or both, and construction of
required infrastructure, amenities, landscape, irrigation, or site features.
D. If the nature, design, or location of required parks, open space, infrastructure, amenities,
landscape, irrigation, or site features makes it necessary to construct them in a sequence
other than in rough proportion to approvals for construction of residential or non-residential
structures, the city may require the applicant to construct them in the order and extent
necessary to protect the public and ensure practical function.
All other subsections of this section shall remain unchanged.
Section 25
That Section 38.430.110.A.1. (Amendments to approved planned development zones and general
development plans) of the Bozeman Municipal Code shall be amended to read as follows:
Ordinance 2155
Page 21 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
Sec. 38.430.110. Amendments to approved planned development zones and general
development plans.
A. Amendments to approved general development plan. After approval of a general
development plan, the applicant may request and the director may approve, minor
amendments to the general development plan, as described below.
1. Minor amendments. The review authority may approve the following minor
amendments to an approved general development plan if the review authority
determines that they do not change the character of the neighborhood and do not
contain any changes that would increase the amount of deviation/relaxation of the
requirements of the reference base zoning districts beyond those in the approved
general development plan. Minor amendments must be consistent with the initial
approval and may include but are not limited to:
j. A ten percent increase or less for landscape irrigation water requirement. If a
reduction in water consumption was relied upon as a public benefit to sustain
approval of the planned development zone, any proposed increase in landscape
irrigation water use must remain within the eli_ig bility criteria for a
sustainable/resilient design pursuant to 38.460.050.C.
All other subsections of this section shall remain unchanged.
Section 26
That Section 38.440.030.A.2. (Amendments to final plan) of the Bozeman Municipal Code shall
be amended to read as follows:
Sec. 38.440.030. Amendments to final plan.
A. Issuance of building permits and other development approvals are based on 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:
2. Minor changes are defined as follows:
Ordinance 2155
Page 22 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
h. A ten percent increase or less for landscape irrigation water requirement.
i. Modifications to approved landscaping plans and other documents to meet water
conservation standards established in the most recent version of the City of
Bozeman Landscape and Irrigation Performance and Design Standards Manual.
All other subsections of this section shall remain unchanged.
Section 27
That Section 38.500.020.B.2. (Applicability and compliance) of the Bozeman Municipal Code
shall be amended to read as follows:
Sec. 38.500.020. Applicability and compliance.
B. For building additions and remodels, three different thresholds have been established
to gauge how the project design standards in this article are applied to such projects.
See figure 38.500.020 below for examples of site development and the respective types
of improvements required under each of the three levels of improvements.
2. Level II Improvements include all improvements commenced within a three-year
period(based on the date of permit issuance) that increase the building's area by
more than 20 percent,but not greater than 50 percent. All standards that do not
involve repositioning the building or reconfiguring site development apply to
Level II Improvements. For example, if a property owner of an existing home in
the B-2 zoning district wants to convert the home to an office and build an
addition equaling 45 percent of the current building's area, then the following
requirements apply:
d. Compliance with the off-street parking, landseaping, signage, and lighting
provisions of divisions 38.550-580 that relate to proposed improvements.
e. Compliance with the most recent version of the City of Bozeman Landscape
and Irrigation Performance and Design Standards Manual.
All other subsections of this section shall remain unchanged.
Ordinance 2155
Page 23 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
Section 28
That Section 38.510.030.F.2. and H.1. (Block frontage standards) of the Bozeman Municipal
Code shall be amended to read as follows:
Sec. 38.510.030. Block frontage standards.
F. Internal roadway storefront block frontages.
2. Standards. Development as set forth in section 3 8.5 10.0 10.13 on sites containing the
internal roadway storefront block frontage designation must comply with the storefront
block frontage standards as set forth above, with the following modifications:
Table 38.510.030.F
Internal roadway storefront block frontage standards
Element Standards( zrefers to departure opportunities, see subsection
38.510.030 below)
FaVade At least 50% of ground floor between 30" and 10' above the sidewalk.
transparency �D
Landscaping A planting strip with a tree must be integrated along the sidewalk
every 50' of lineal frontage on average. and must meet requirements
outlined in section 38.550.060.
Sidewalk width 12'minimum walking surface (landscape planter areas may not be
counted in the sidewalk width calculations). :D
H. Block frontages in the industrial zones are subject to the standards for "Other" streets as set
forth in subsection G above except:
1. Planting areas between the sidewalk and the building, outdoor storage, or parking areas
must be at least ten feet in depth and are eneotir-age required to meet the landscaping
standards of division 38.550.
be eensider-ed for-low volume and low visibility streets en4ir-ely within the in"stfial
zone. Land tises with a higher-densit-y ef employees wafrant standard landseaping a-ad
odestf
a. Departure: Reductions in the landscapin_ frontage rontage may be considered for low
volume and low visibility streets entirely within the industrial zone. Land uses
Ordinance 2155
Page 24 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
with a higher densi . of employees warrant standard landscaping and
pedestrian access provisions.
All other subsections of this section shall remain unchanged.
Section 29
That Section 38.520.040.D.4.c. (Non-motorized circulation and design) of the Bozeman
Municipal Code shall be amended to read as follows:
Sec. 38.520.040. Non-motorized circulation and design.
D. Pathway design.
4. Pathway design where multi-tenant commercial or mixed-use buildings 100 feet or
more in length abut parking lots. Such pathways must feature a 12-foot wide sidewalk
with:
C. Planting strips may be used between any vehicle access or parking area and the
pathway,provided that the trees required above are included and the pathway
meets the applicable width standards herein, and the combined pathway and
planting strip is at least 12 feet wide. Landscaping and irrigation in planting strips
are required to follow standards in 38.550.
All other subsections of this section shall remain unchanged.
Section 30
That Section 38.520.050.D. (Vehicular circulation and parking) of the Bozeman Municipal Code
shall be amended to read as follows:
Sec. 38.520.050. Vehicular circulation and parking.
The standards herein supplement the provisions of divisions 38.400 and 540. Where there is
a conflict, these provisions apply.
Ordinance 2155
Page 25 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
D. Internal roadway design.
2. In some instances where traffic speed and volume are low, the review authority may
approve a street where vehicle,bicycle and pedestrian movement are mixed such as
in a "woonerf' or "shared street." Woonerf streets must feature traffic calming and
safety measures as well as landscape, irrigation, and amenity features as determined
by the review authority.
3. Drive-through facilities. Where allowed, drive through facilities (e.g., drive-up
windows)must comply with the following.
a. Drive-through lanes, including waiting and holding lanes, must be separated
from public view and internal sidewalks by a planting strip (at least five feet
wide with continuous plantings of evergreen shrubs and/or trees that will
provide continuous evergreen screen at least four feet tall at maturity) and/or a
masonry wall at least three feet high. Alternative landscaping schemes may be
approved provided they include the masonry wall and a substantial vegetative
screen. The landscaping must comply with division 38.5560
All other subsections of this section shall remain unchanged.
Section 31
That Section 38.520.060.B.1. (On-site residential and commercial open space) of the Bozeman
Municipal Code shall be amended to read as follows:
Sec. 38.520.060. On-site residential and commercial open space.
B. Usable residential open space.
1. All multi-household development, including multi-household portions of mixed-use
development, must provide minimum usable open space equal to 100 square feet per
dwelling unit for studio and one bedroom dwellings and 150 square feet per dwelling
unit for dwellings with two or more bedrooms. All group living developments must
provide minimum usable open space equal to 37 square feet per person. The required
open space may be provided in a combination of ways:
Ordinance 2155
Page 26 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
f. All landscaped areas in the above uses must meet the requirements in division
38.550.
All other subsections of this section shall remain unchanged.
Section 32
That Section 38.540.010.A.3. (General provisions) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.540.010. General provisions.
A. Parking is one part of the overall multimodal transportation system. Individual choice of
travel mode and development characteristics influence the need for parking. The
purpose of this division 38.540 in requiring parking spaces is to ensure provision of off-
street motor vehicle parking, bicycle parking, and other transportation access facilities in
rough proportion to the generalized parking and transportation demands of different land
uses which locate at a site. Some sites, such as those that are located in close proximity
to transit, have good access to pedestrian facilities or have off-set peak uses may require
less on-site parking. The purpose of these standards is to provide functional parking
areas adequate to the needs of users, create shaded areas within parking lots, reduce
glare and heat build-up, reduce stormwater surges, provide visual relief within paved
parking areas, emphasize circulation patterns, avoid the negative impacts associated
with spillover parking into adjacent neighborhoods (while at the same time avoiding the
negative environmental and urban design impacts that can result from excessive parking
lots and other vehicular use areas) and enhance the visual environment. The provisions
of this division are also intended to help protect the public health, safety, and general
welfare by: helping avoid and mitigate traffic congestion; encouraging multimodal
transportation options and enhanced pedestrian safety; providing methods to reduce the
amount of impervious surfaces in parking areas and adequate drainage structures in
order to reduce the environmental impacts of stormwater runoff; encouraging paving or
alternate means of surfacing of parking areas in order to address dust abatement and
improve air quality; and providing flexible methods of responding to the transportation
and access demands of various land uses in different areas of the city. In achieving these
purposes this division interacts with the requirements of division 38.550 of this chapter.
The design of off-street parking is the responsibility of the developer and must consider
traffic circulation, intended landscaping, pedestrian access and circulation, and other
purposes of this chapter.
3. Improvement schedule. All parking area improvements to include surfacing, drainage,
walkways, lighting, landscaping, irrigation,_ screening, traffic control, etc., must be
installed according to the provisions of division 38.270 of this chapter.
Ordinance 2155
Page 27 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
All other subsections of this section shall remain unchanged.
Section 33
That Section 38.540.040.A. (Maintenance of parking areas) of the Bozeman Municipal Code
shall be amended to read as follows:
Sec. 38.540.040. Maintenance of parking areas.
A. It is 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, irrigation, and required fences or screening.
All other subsections of this section shall remain unchanged.
Section 34
That Section 38.550.010.A. (Purpose and intent) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.550.010. Purpose and intent.
A. The process of development, with its alteration of the natural topography and vegetation,
and creation of impervious cover can have a negative effect on the ecological balance of an
area by causing or accelerating the processes of runoff, erosion and sedimentation. The
economic base of the city can and should be protected through the preservation and
enhancement of the area's unique natural beauty and environment. Recognizing that the
general objectives of this division are to promote and protect the health, safety and welfare
of the public, these landseaping regulations are adopted as part of this chapter for the
following specific purposes:
10. To enee fa-geachieve the conservation of water by rig requiring the use of low
water demand landscaping and efficient irrigation._
Section 35
That Section 38.550.020. (Interpretation and scope) of the Bozeman Municipal Code shall be
amended to read as follows:
Ordinance 2155
Page 28 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
Sec. 38.550.020. Applicability inteFpFetati ,implementation, and scope; adoption of
Manual.
A. The provisions of this division apply to a lot or site when an application is being made for:
1. Site development approval pursuant to division 38.230 of this chapter;
2. ; of
Subdivision development approval pursuant to division 38.240 of this chapter;
3. Planned development zone approval pursuant to division 38.430 of this chapter;
4. Restoration of a building that has been damaged or destroyed by fire, explosion, flood,
tornado, riot, act of the public enemy or accident of any kind. For purposes of this
subsection A, "restoration" means the act of putting back into a former or original state,
only.
5. Sketch plans as provided in 38.230.070; or
6. Lots or sites within a legacy planned unit development regardless of whether the
planned unit development has a previously approved landscape plan.
division 38.550 do not apply to the following:
1. Lots eentaining residential uses subjeet te sketeh plan r- t when stieh
are:r*eet to seetions 38.550.050.i and E,,—✓o.55n 070
2. Lots or-sites within a planned tmit develepment whieh has been appr-eved with its e
landseape plan. However-, these provisions midst be used as the basis for-detefmining
the landseaping plans fer-ftiture planned tmit developments and sueh planned uni
development landseaping plans must meet or-eweed the standafds of these landseap-e
B. The provisions of this division apply regardless of the water source proposed for
irrigation. This includes but is not limited to City potable water, groundwater wells, and
other non-potable water systems. The application of this division for projects with
irrigation_ systems connected to groundwater wells does not interfere with applicable
groundwater permit exceptions in MCA 85-2-306(3).
C. The commission may, pursuant to resolution, adopt standards and guidelines to be known
as the Landscape and Irrigation Performance and Design Standards Manual to implement
the landscape and irrigation regulations of this code. The Manual may include mandatory
procedural and substantive components including but not limited to: application
requirements; review processes; submittal requirements; authorization for departures and
exemptions; methods of calculating landscape water budgets; design plan requirements;
enforcement and compliance requirements; required forms; irrigationsystem
Ordinance 2155
Page 29 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
performance and design requirements; landscape performance and design requirements;
authorized plant materials; mandatory irrigation watering schedules; decision making
authority; and other standards and guidelines to implement this code. Any such resolution
has the same force and effect as if adopted herein.
Section 36
That Section 38.550.030.A. (General landscaping provisions) of the Bozeman Municipal Code
shall be amended to read as follows:
Sec. 38.550.030. General landscapging and irrigation provisions.
A. Landscape and irrigation plans must include the information required by section
38.220.100.
All other subsections of this section shall remain unchanged.
Section 37
That Section 38.550.040. (Landscape plan review) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.550.040. Landscape and irrigation plan review.
The review authority established in division 38.200 must review each landscape and
irrigation plan to determine whether or not it complies with the requirements of this
divisionseetien.
38.550.050
Section 38
That Section 38.550.050. (Mandatory landscape provisions) of the Bozeman Municipal Code
shall be amended to read as follows:
Sec. 38.550.050. Mandatory landscapei*g and irrigation provisions.
A. ,use Landscaping required. For all uses in all districts, unless otherwise provided by
specific approval-,tough desi- 4ew I-e dufes, all f enl, side ear- sethaeks, and
afeas and .,eeess ry s*,.,,,,tufes, the site must be landscaped as requiredde4ned in this
Ordinance 2155
Page 30 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
chapter. A14(Landscaped areas and irrigation_ systems must be perpetually maintained in a
healthy and operable condition.
par-king let, or-other-s�metttfe (not the Wilding sethaek line) and the adjaeent lot 1 ne, lwhfieh
by steps, walks, > drive aisles,
lamp pests and similar-stmetttfes, and tmebstmeted b
Figure 38.550.050.A.I is repealed in its entirety.
B.--Dre�t telerant Veeieq required A landseape pla-a must provide 75 per-eent er-greater-e
the proposed tfees and shfubs as dr-ought tolerant speeies as defined in the West editie
bandseape of! on a list adopted by the eity of drought tolerant speeies for-purposes of this
fir.
C—.B.Parking lot landscaping.
2. All surface parking lots on the building site must be landscaped in accordance with this
subsection C.2.
e. Additionally, any parking lot providing 15 or more parking spaces must have a
minimum of 20 square feet of landscape area within the parking lot for each off-
street parking space in the lot provided as follows:
(6) Internal parking lot landscaped areas are subject to restrictions on the use of
overhead spray irrigation._
D-.C.Screening of off-street loading spaces.
E—D.Street frontage landscaping required.
Ordinance 2155
Page 31 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
5. Landscaping and irrigation must comply with boulevard and street median
requirements outlined in the most recent version of the City of Bozeman Landscape
and Irrigation Performance and Design Standards Manual.
F-.E. Street median island landscaping. All street median islands approved thr-etigh a plan
preeess must
preeess.comply with requirements outlined in the most recent version of the City of
Bozeman Landscape and Irrigation Performance and Design Standards Manual.
FF.Acceptable landscape materials.
1. Acceptable plant materials are those identified as hardy in Zones 1 through Sa#based
on the United States Department of Agriculture (USDA) Plant Hardiness Zones. The
Publishing Corporation as amended. Acceptable plant materials are also outlined in the
City of Bozeman Plant List located on the City of Bozeman website, which includes
USDA zone hardiness information. Alternatives may be considered upon a case-by-
case basis. However, in the case of street frontage landscaping as required in
subsection E of this section, acceptable tree species are limited to those approved by
the city forestry division.
2. Landscape materials must not exceed water use requirements outlined in the
prescriptive and performance-based landscape design approval pathways included in
the most recent version of the City of Bozeman Landscape and Irrigation Performance
and Design Standards Manual.
3. Adequate soil depth and quality must be installed as outlined in the most recent version
of the City of Bozeman Landscape and Irrigation Performance and Design Standards
Manual.
2L.4. No artificial plant materials may be used to satisfy the requirements of this division
38.550.
�5. Plant materials used to satisfy the requirements of this division 38.550 must comply
with the following minimum size requirements at the time of installation(depending
on the standard measuring technique for the species):
4.6. For purposes of subsection&.3 H.S. of this section, height is measured from the top of
the root ball or, if the plant is in a container, from the top soil level in the container.
H-.G.Protection of landscape areas.
Ordinance 2155
Page 32 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
t. . Irrigation standards.
1. Irrigation is required toPefmaneat iffigation systems mus be provided to all
landscaped areas_The use f hose bibs on the exter-ior- f existingor-propose
area is adjaeen4 to the existing a pose R
a. The review authority may allow areas planted with drou_hg t-adapted vegetation that
only require irrigation for germination and plant establishment purposes to be
irrigated with a temporary irrigation_ system that meets requirements outlined in the
most recent version of the City of Bozeman Landscape and Irrigation Performance
and Design Standards Manual.
b. The use of hose bibs on the exterior of existing or proposed structures may be used
for irrigating landscaped areas adjacent to the existing or proposed structure.
c. All other landscaped areas, that do not fall within a or b above, must include a
permanent irrigation system that meets requirements outlined in the most recent
version of the City of Bozeman Landscape and Irrigation Performance and Design
Standards Manual.
2. All irrigation systems and landscaped areas must be designed, constructed, operated
and maintained in accordance with requirements outlined in the most recent version of
the City of Bozeman Landscape and Irrigation Performance and Design Standards
Manual. se as to promote water-eanseiwatien and prevent water-ever-flow er-seepage
areas.
J- . Required use of trees with residential adjacency. All landscape plans must include, for each
setback with a residential adjacency, at least one canopy or non-canopy tree for each 50
lineal feet of the adjacent area.
ILL.Coordination with utilities. In order to prevent damage to both vegetation and public utility
lines, all trees and other large vegetation may planted no closer than the minimum distance
specified in the city design standards and specifications policy. When the city verifies it is
not possible to meet minimum separation distance from utilities and no other arrangement
can be approved, such tree or large vegetation is not required.
&M.Maximum allowable slope or grade.
4. All landscapiaged installed on slopes that meet or exceed a
maxim*m allowable slope of 25 percent grade must include adequate erosion control
measures to ensure the slope is stabilized. . If
hydro-seed, groundcovers, or bunchgrasses arei-s utilized, additional erosion control
fabric (i.e., matting or blanket or equivalent thereof) must be provided to ensure a
Ordinance 2155
Page 33 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
stable slope for a minimum of one calendar year while the vegetation becomes
established.
NCN. Legacy planned unit development open spaces. Legacy planned unit development non-
site-specific open space plans must meet or exceed the standards of these landscaping
regulations. For each 5,000 square feet of total landscape open space area between 5,000
and 25,000 square feet and for each 10,000 square feet of total landscape areas in excess of
25,000 square feet a landscape plan must include three of the elements in table 38.550.050-1
from each column A and B unless the review authority grants a relaxation. When the
preceding calculation results in a fraction the amount of landscaping required is rounded up
to the next whole number.
All other subsections of this section shall remain unchanged.
Section 39
That Section 38.550.060. (Reserved) of the Bozeman Municipal Code shall be amended to read
as follows:
Sec. 38.550.060. d-.Landscaue and Irrigation Performance and Design Standards.
Compliance with the most recent version of the City of Bozeman Landscape and Irrigation
Performance and Design Standards Manual is required pursuant to this division and chapter 40,
article 2 of this code. The City of Bozeman Landscape and Irrigation Performance and Design
Standards Manual and associated resources are available with the Water Conservation Division.
Section 40
That Section 38.550.070.A and B. (Landscaping of public lands) of the Bozeman Municipal
Code shall be amended to read as follows:
Sec. 38.550.070. Landscaping and irrigation of public lands.
A. City rights-of-way, open space and parks.
1. General.
b. ,
parks and eit-y rights
of way,t „iess then : ed by the eitt Compliance with the most recent
version of the City of Bozeman Landscape and Irrigation Performance and Design
Standards Manual is required.
Ordinance 2155
Page 34 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
2. Streets, open space, and parks. The developer must at the time of initial development
install landscaping, boulevard trees and an irrigation system when
require in city rights-of-way boulevard strips and medians along all collector or
arterial streets and all streets adjacent to parks or open space areas.
a. Prior to installing landscaping in these areas, the developer must submit a
landscapeing and irrigation plan to the city for review and approval. The
landscapging and irrigation_ plan must be prepared by a qualified landscaping
professional meeting the requirements of this division 38.550.
e. Irrigationystems owned and maintained by the city for use in public ri_htg sof-
way and parks must be discrete and separate systems from those used to irrigate
open space areas and privately owned lots.
(1) Easements must be provided for irrigation systems and components owned
and maintained by the city that are located on private land pursuant to this
section and Sec. 38.410.060.
f. Landscaping and irrigation must comply with boulevard and street median
requirements outlined in the most recent version of the City of Bozeman
Landscape and Irrigation Performance and Design Standards Manual.
3. Adjacent to individual lots. When individual par-eels are developed, the ifidivi
seefien 3B.550.0�T
a. When individual parcels are developed, the individual property owners must
install landscaping and street trees within the city rights-of-way boulevard strips
adjacent to their property and provide irrigation in compliance with section
38.550.050.D.1.
b. Landscaping and irrigation must comply with boulevard and street median
requirements outlined in the most recent version of the City of Bozeman
Landscape and Irrigation Performance and Design Standards Manual.
B. Maintenance responsibility.
All other subsections of this section shall remain unchanged.
Section 41
That Section 38.550.080. (Departure from landscaping requirements) of the Bozeman Municipal
Code shall be amended to read as follows:
Ordinance 2155
Page 35 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
Sec. 38.550.080. Departure from landscapei-ng and irrigation requirements.
C. Departure criteria that support city water use efficiency goals are outlined in detail in the
most recent version of the City of Bozeman Landscape and Irrigation Performance and
Design Standards Manual.
All other subsections of this section shall remain unchanged.
Section 42
That Section 38.550.090. (Landscaping completion) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.550.090. Landscapei-ng and irrigation completion.
All Llandscaping and irrigation_ must be completed or secured in accordance with the
provisions of division 38.270 of this chapter. The applicant must demonstrate satisfactory
establishment of all seeded areas or guarantee establishment for a minimum two year period
following occupancy.
Section 43
That Section 38.550.100.B. (General maintenance) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.550.100. General maintenance.
B. Any damage to utility lines, resulting from the negligence of the property owner or the
owner's agents or employees in the installation and maintenance of required landscaping or
irri_ag tion in a utility easement, is the responsibility of the property owner. If a public utility
disturbs a landscaped area in a utility easement, it must make every reasonable effort to
preserve the landscaping materials and irrigation_ system and return them to their prior
locations and operations after the utility work. If, nonetheless, some plant materials die, or
irrigation_ system components are irrevocably damaged, it is the obligation of the property
owner to replace the plant materials and irrigation system components.
All other subsections of this section shall remain unchanged.
Section 44
Ordinance 2155
Page 36 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
That Section 38.700.080. (G definitions) of the Bozeman Municipal Code shall be amended to
read as follows:
Sec. 38.700.080. G definitions.
Groundcover. Low growing, perennial species that create a mat of continuous cover over
the ,ground, which makes it difficult for weeds to establish in the landscape. N t:af,' .,-,,,',.h of
pla-PAs of speeies w-hieh nofmally r-eaeh a height of less than two feet upon mater-ity, installed in
All other definitions in this section shall remain unchanged.
Section 45
That Section 38.700.100. (I definitions) of the Bozeman Municipal Code shall be amended to
add the following definition:
Irrigation. Supplemental water that is artificially pplied to an area for the purpose of
fostering plant growth and health.
Section 46
That Section 38.700.100. (L definitions) of the Bozeman Municipal Code shall be amended to
read as follows:
Landscaped area. The area of a lot where landscaping has been or is proposed to be
installed. It also includes landscape design elements such as rock mulch and wood mulch. It
does not include footprints of buildings or structures, sidewalks, driveways, walkways, or other
hardscaped areas, such as decks or pervious pavers.
Landscaping. An area with vegetative plantings, such as
shrubs, perennials, and turfirass, creeping or rooting_groundcovers, seed mixes, or other living
plants.
washed r-eek, !a-va r-eek, bark ehips and emamei4a! featffes sueh as peels, fountains, ,
the tefms ,
All other definitions in this section shall remain unchanged.
Ordinance 2155
Page 37 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
Section 47
That Section 38.700.180. (T definitions) of the Bozeman Municipal Code shall be amended to
read as follows:
Temporary irrigation. A temporary watering system designed to transport and distribute
water to landscape plants for a limited period, primarily used during the establishment period,
after which time the irrigation is terminated or abandoned.
Turf
grass or turf A relatively high water use .ground cover surface of grass and the surface
layer of earth held together_ by its roots, including but not limited to cool season lawn ram
All other definitions in this section shall remain unchanged.
Section 48
That Section 40.02.300.B. (Provisions adopted; regulations a part of service contracts) of the
Bozeman Municipal Code shall be amended to read as follows:
Sec. 40.02.300. Provisions adopted; regulations a part of service contracts.
B. These rules and regulations of the city pertaining to its waterworks system, including
landscaping and irrigation, as required by chgpter 38, article 5, division 550, and as
provided for in this article, outdoor water use restrictions, and drought contingencX
response, are made a part of the contract with every individual, firm or corporation who
takes water, and every such individual, firm or corporation agrees, in making application for
water, to be bound thereby. The following rules and regulations set out in this division are
adopted by the city.
All other subsections of this section shall remain unchanged.
Section 49
That Section 40.02.890. (Maintenance; customer responsibility; wasting water prohibited) of the
Bozeman Municipal Code shall be amended to read as follows:
Sec. 40.02.890. Maintenance; customer responsibility; wasting water prohibited.
Ordinance 2155
Page 38 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
Waste of water is prohibited, and customers must keep their fixtures and�interior pipes, and
irrigation s, s e in good order at their own expense, .
Leaky fixtures, interior pipes, and irrigation_ systems must be repaired at once without waiting for
notice from the city, and if not repaired within five days after written notice is given, water
service may be discontinued until such time as the leak is repaired.
Section 50
That Section 40.02.950. (Violation of irrigation or sprinkling rules; penalty) of the Bozeman
Municipal Code shall be amended to read as follows:
Sec. 40.02.950. Violation of irrigation or sprinkling rules; penalty.
At such time when the utility, through its agents, employees or representatives, determines
that a customer is in violation of the"* city's regulations in regard to sprinkling OF
irrigation or landscaping, the fftility ci shall deliver to such customer a copy of the notice of the
violation hoofs and days of sp-:w':n and iffigating, and shall advise the customer that such
customer is in violation of the citgulations. If the customer is found in violation of the
rule regulation on e than oneoeeas* o iffigation ^ nkli g H, the
customer will be notified by eer-tified mail, with,oI .. , that another violation will result
in discontinuance of service or the installation of a meter.
Section 51
That Section 40.02.960. (Violation of division provisions; disconnection of service required
when) of the Bozeman Municipal Code shall be amended to read as follows:
Sec. 40.02.960. Violation of division provisions; disconnection of service required when.
For violation of any of these regulations, including landscaping and irrigation, as required
by chapter 38 article 5 division 550, and as provided for in this article, outdoor water use
restrictions, and drought contingency response, or for nonpayment of water charges, as provided
in the ut city's schedule of rates and charges currently on file with the city, the"t c�
has the right to disconnect water service following ten days'written notice to the customer. After
service has been discontinued, the same shall not be reinstated until all delinquent charges are
paid. Costs of all disconnects and/or subsequent reconnects shall be borne by the customer.
Section 52
That Section 40.02.1100.13. - 40.02.1100.C. (Rules and regulations adopted; part of contract with
customer) of the Bozeman Municipal Code shall be amended to read as follows:
Sec. 40.02.1100. Rules and regulations adopted; part of contract with customer.
Ordinance 2155
Page 39 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
B. These rules and regulations of the city, pertaining to its waterworks system are made a part
of the contract with every individual, firm or corporation who takes water. The following
rules and regulations are adopted by the city:
3. Waste of water is prohibited, and consumers must keep their fixtures-and,service
pipes, and irrigation s, s e in good order at their own expense, and all water-ways
elosed when not i use. Leaky fixtures, service pipes, and irrigation s. s�must be
repaired at once without waiting for notice from the city and if not repaired after
reasonable notice is given, the water will be shut off by the city.
I . . s,tising a hose witheu4 a pefmit, will be shut off without waming. Lawn
sprinklers will enly be pefmitted where water-is eafried into the heiise a!
40-.9. The city's officers or other authorized person shall have access at reasonable hours to
enter any premises where water is used, for the purpose of making inspection or
investigation.
44-.10. For violation of any of these rules or for nonpayment of water rent, for either
domestic, spr-ink4ing irrigation,_ or other purposes, the city has the right to turn off the
water without further notice, and after it has been turned off from any service pipe on
account of nonpayment or violation of rules, the same shall not be turned on again until
back rents are paid, together with the cost incurred thereby, amounting to $1.00.
�?11.Applicability of flat rate and meter rate rules.
C. Flat-rate service.
1. The flat-rate will cover the use of water for domestic use, irri atLon lawn ,pfin fling,
and any other purposes enumerated on the rate sheet covering flat-rate services. The
city agrees to furnish water for certain specified uses for a certain specified sum. If,
therefore, a consumer furnishes other people with water without permission from the
city, or uses it for other purposes than those the customer is paying for, it is a
violation of the consumer's contract and the consumer offending, after reasonable
notice, may have the consumer's water shut off and service discontinued until such
time as the additional service furnished has been paid for, together with the actual
additional expense incurred in shutting off and turning on water, not to exceed $1.00.
Ordinance 2155
Page 40 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
5. Should it be desired to discontinue the use of water for any special purpose, whether
for bathtubs, closets, irri ag tion lawn sprinl , hose connections, or other fixtures, the
faucet must be removed, the branch pipe plugged, and notice given the city at the city
clerk's office before any reduction of rates will be made.
All other subsections of this section shall remain unchanged.
Section 53
That Section 40.02.1250. (Findings) of the Bozeman Municipal Code shall be amended to read
as follows:
See. 40.02.1250. Findings.
E. Landscaping of real property within the city is the most consumptive use of water of the
city's municipal water supply. The city has adopted regulations applicable to development
to ensure the efficient use of water for landscape irrigation. To this end, the city has adopted
a Landscape and Irrigation Performance and Design Standards Manual and compliance with
said Manual is critical to maintaining a reliable water supply during periods of water supply
shortages.
All other subsections of this section shall remain unchanged.
Section 54
That Section 40.02.1280. (Application of division) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 40.02.1280. Application of division.
C. This division must be interpreted in coordination with chapter 38, article 5, division 550.
Section 55
That Section 40.02.1340. (Enforcement) of the Bozeman Municipal Code shall be amended to
read as follows:
Ordinance 2155
Page 41 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
Sec. 40.02.1340. Enforcement.
A. Police and code enforcement officers to enforce. Every police officer or code enforcement
officer of the city shall, in connection with the duties imposed by law, diligently enforce the
provisions of this division.
All other subsections of this section shall remain unchanged.
Section 56
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 57
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 58
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 59
Codification.
This Ordinance shall be codified as indicated in Section 2—55.
Section 60
Effective Date.
This ordinance shall be in full force and effect June 15t', 2024.
Ordinance 2155
Page 42 of 43
DocuSign Envelope ID:819863C1-DOCC-4253-B3E6-CD63044465B9
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 23rd day of April, 2024.
DocuSigned by:
fi
TERRY CUNNINGHAM
Mayor
DocuSigned by:
ATTEST: sBOZFM9
DocuSigned by:
is
�t iLt.
MIKE MAAS
City Clerk
FINALLY PASSED,ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 14th of
May , 2024. The effective date of this ordinance is June, 15d', 2024.
FDocuSigned by:
fi� Gv�
TERRY CUNNINGHAM
Mayor
ATTEST: DocuSigned by:
DocuSigned by: c! t2
'F999G95AB478
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
DocuSigned by:
676992AC9ACA44B...
GREG SULLIVAN
City Attorney
Ordinance 2155
Page 43 of 43