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HomeMy WebLinkAboutOrdinance 01- 1531, Amends §§ 18.04.030, 18.04.350, 18.04.845, 18.12.020, 18.14.020, 18.18.020, 18.20.020, 18.20.030, 18.24.0030, 18.26.040, 18.42.030, 18.42.090, 18.43.040, 18.49.070, 18.51.010, 18.52.030, 18.54.050, 18.54.110 and 18.55.030, zoning ORDINANCE NO. 1531 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1513, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, AND FURTHER AMENDED BY ORDINANCE NO. 1514, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, AND FURTHER AMENDED BY ORDINANCE NO. 1516, WHICH ORDINANCE IS NOT CURRENTL Y CODIFIED IN THE BOZEMAN MUNICIPAL CODE, AND FURTHER AMENDED BY ORDINANCE NO. 1524, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING TITLE 18 OF THE SAID CODE: PROVIDING FOR ACCESSORY DWELLING UNITS IN THE R-1. R-2, AND R-2A DISTRICTS: MODIFYING THE DEFINITION OF "HOUSEHOLD": MODIFYING THE DEFINITION OF "ACCESSORY": MODIFYING THE DEFINITION OF "CASINO" : IMPLEMENTING THE NEW DEFINITION OF "HOUSEHOLD" IN SECTIONS 18.12.020, 18.14.020, 18.18.020. 18.20.020: INSERT SECTION 18.42.090.C TO PROVIDE PROTECTION FOR CONTRIBUTING HISTORICAL PROPERTIES: ADD NURSERIES AND TREE FARMS TO THE CONDITIONAL USES IN SECTION 18.12.020.B: ESTABLISH MAXIMUM ALLOWABLE RESIDENTIAL DENSITIES IN CHAPTERS 18.20. 18.24, AND 18.26 TO CORRESPOND TO THE REQUIREMENTS OF THE CITY'S COMPREHENSIVE PLAN: ESTABLISH CONSISTENT REVIEW AUTHORITY FOR MINOR SITE PLANS AND CONDITIONAL USE PERMITS IN CHAPTERS 42, 43,51, AND 52: CORRECT VARIOUS ERRORS IN CITATIONS: AND TO MAKE ALL NOTICING REQUIREMENTS CONFORM TO STATE LAW. WHEREAS. Title 76, Chapter 2, part 3, MCA, empowers the City to enact a zoning ordinance and to provide for its administration, enforcement, and amendment; and WHEREAS, on the 17th day of April 2000, the City Commission did adopt Ordinance No. 1513, adopting a new permanent zone code for the purpose of promoting the health, safety or general welfare of the city; and WHEREAS, on the 1 st day of May 2000, the City Commission did adopt Ordinance No. 1514, amending the permanent zone code; and WHEREAS, on the 15th day of May 2000, the City Commission did adopt Ordinance No. 1516, amending the permanent zone code; and WHEREAS, on the 18th day of September 2000, the City Commission did adopt Ordinance No. 1526, amending the permanent zone code; and WHEREAS, the City Commission has determined that additional amendments to that zone code are needed; and WHEREAS, the proposed amendments have been the subject of a public hearing before the Zoning Commission on the 3rd day of October 2000 and before the City Commission on the 16th day of October 2000. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Section 1 That Section 18.04.030 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.04.030 Accessory building or use. "Accessory building or use" means 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 mannor as by 8--ffl&f. i:::~iii:ii:g9:::~~m, such accessory building shall be counted as part of the principal building. Individual public utility installation aboveground are considered accessory buildings." Section 2 That Section 18.04.350 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.04.350 Casino. A. "Casino" means 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~~:J~~yirti~~m~:Q~:~ or by name; 2. More than one card table is on the premises; 3. Fifteen or more gambling machines are on the premises. B. An applicant for a casino establishment must obtain a Montana state license to sell alcoholic beverages for consumption on the premises." Section 3 That Section 18.04.845 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.04.845 Household. "Household" means a person living alone, or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities: A. any number of people related by blood, marriage, adoption, guardianship or other duly- authorized custodial relationship; - 2 - B. not more than four unrelated people. including persons enrolled in an institution of higher learning; C. two unrelated people and any children related to either of them; D. not more than ~ :fbU~ people who are: =.:.=':.:.:.:.:':::'~: 1. residents of a "Community Residential Facility" as defined in Section 76-2-411 MCA et seq and this ordinance; or 2. "handicapped" as defined in the Fair Housing Act. 42 U.S.C. Section 3602 (h). This definition does not include those persons currently illegally using or addicted to a "controlled substance" as defined in the Controlled Substances Act. 21 U.S.C. Section 802 (6), "Household" does not include: 1. any society. club. fraternity. sorority, association, lodge. combine. federation. coterie. cooperative housing, or like organization; 2. any group of individuals whose association is temporary or seasonal in nature; 3. any group of individuals who are in a group living arrangement as a result of criminal offenses." Section 4 That Sections 18.12.020.A&B of the Bozeman Municipal Code be amended so that such sections shall read as follows: "18.12.020 Permitted uses. Permitted uses in the R-S district are as follows: A. Principal Uses. Agricultural uses on two and one-half acres or more, 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; thirty-six fowl (chickens, pheasants. pigeons, etc.) or six larger fowl (ducks, geese, turkeys. etc.) One-household dwellings, inaluding aommunity rosidontiDI fDcilitias with aight or loss rasidants One-household 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 - 3 - B. Conditional Uses. Accessory Dwelling Units Agricultural uses on less than two and one half acres Churches Commercial stables Community residential facilities with more than ~ ~9Ht residents Day care centers Essential services (Type II) FCC earth stations Golf courses ffl!~:n~:J~:~~~!~~ m~ii:j:::~i~1 Other recreational uses Schools Veterinary uses Any use approved as part of a planned unit development subject to the provisions of Chapter 18.54." Section 5 That Sections 18.14.020.A & B of the Bozeman Municipal Code be amended so that such sections shall read as follows: 6618.14.020 Permitted uses. Permitted uses for the R.1 district are as follows: A. Principal Uses. One-household dwellings, including community rosidontial facilities with eight or less residents Essential services (Type I) Family day care home Group day care home Public parks B. Conditional Uses. 1~~~ijij9~:~::::~:lim0~J.::::m~I.~~ Churches Community residential facilities, with more than ~ ~~~ir residents Day care centers Golf courses Schools Temporary sales and office buildings Any use approved as part of a planned unit development subject to the provisions of Chapter 18.54" Section 6 That Section 18.18.020.A of the Bozeman Municipal Code be amended so that such section shall read as follows: - 4 . "'18.18.020 Permitted uses. Permitted uses in the R.3a district are as follows: A. Principal Uses. One.household dwellings, including oommunity residential faoilities with eight or less residents One.household mobile homes on permanent foundations which meet all requirements of Section 18.50.150, except within the area designated as the Conservation Overlay district created by Chapter 18.42 of this title. Two.household dwellings Essential services (Type I) Family day care home Group day care home Public parks" Section 7 That Section 18.20.020.A of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.20.020 Permitted uses. Permitted uses in the R-3 district are as follows: A. Principal uses. One-household dwellings, including community residential faoilities with eight or loss residents One-household mobile homes on permanent foundations which meet all the requirements of Section 18.50.150. Two-household dwellings Three to four unit multiple.household dwelling unit structures Townhouse clusters, not to exceed five units or one hundred twenty feet in length Community residential facilities, with more than eitJflt ~99f residents Essential services (Type I) Family day care home Group day care home Public parks" Section 8 That Section 18.20.030 of the Bozeman Municipal Code be amended so that such section shall read as follows: "'18.20.030 Lot area and width. A. In the R-3 district, minimum lot area for two to four-household units shall be three thousand square feet dwelling unit with a minimum lot width of sixty feet. - 5 - ---.--- -. ---------..-- __,,______ ___.________.___m___....n___ ._ B. For townhouse clusters the minimum average lot area per unit in an individual structure shall be three thousand square feet. The minimum lot width shall be that of the width of the interior units. C. Minimum lot area for other uses, including one-household dwelling units, shall be five thousand square feet with a minimum lot width of fifty feet. :~:f::::j:~:::j:::::::::::I~*I:I:~I::::ij:iH,iJ,~~::::~~::::ij:Wi:!mi~~::::ifjim:~it.~j:ixii,iij,:'J,€:::91~m:~Qi::::#i~::::~i~:::i9~i\" Section 9 That Section 18.24.030 of the Bozeman Municipal Code be amended so that such section shall read as follows: '" 8.24.030 Lot area and width. A. Lot area for two-household to four-household 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. B. Lot area for apartment buildings 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. ~;:: ,-:'l1i*im!.lro,iji~i!~y-'p~-_~-iiniH,Q~:::ip~n,~I:::,,,~~i:i~:::::~:::~::::~~imfiQip"r::::~it:j:i:~~i~;:" Section 10 That Section 18.26.040 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.26.040 Lot coverage and floor area. A. In the R-Q 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. Nonresidential 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 four hundred and fifty square feet. &:\:j:j::::~::UU:j:tY1i*!1!i:!.Irojj'jiji~i!~Y9~:~iill!~S~i~~n,fiR~",,~g~i~:':~,~p~i~li:p~'i:j:::pijf:::::Hi~:~:~'~~i:~:' Section 11 That Section 18.42.030 of the Bozeman Municipal Code be amended so that such section shall read as follows: - 6 - "18.42.030 Design review board and administrative design review staff powers and duties within conservation districts. It is intended that the design review board and administrative design review staff will review development within neighborhood conservation districts in order to maintain underlying and desirable characteristics of structures and areas, within such districts, while recognizing the need for innovation and individual expression in the development of these districts. In carrying out this mission, the design review board and administrative design review staff shall have the following powers and duties within conservation districts: A. The administrative design review staff is empowered to implement conservation district procedures and requirements and, within the conservation districts is empowered to approve, iiiiii~l,i_\iii~__i.~!.1 applications as per Section 18.42.090 through the issuance or denial of certificates of appropriateness; B. The design review board is empowered to appro....e, eonditionall', approve or deny minor site plan applications through the issuance or denial of oertifieates of appropriateness and to recommend the approval, conditional approval or denial of a certificate of appropriateness to the body i:;;~0::ii~r.~:rii~~~a~~~thp~:i~~~~r ~~~O~:i~:I~I;~'e~~n~~~~i~~lt~Snes:e~~~t W~~~~~,:~!d~~~!,~~~!~,,!:~~j:~:~'!~. empowered to approve, conditionally approve or deny certain demolition applications as per Section 18.42.090, or recommend such actions to the body with the final approval authority; C. Both the design review board and administrative design review staff are empowered to: 1. Develop and apply specific guidelines, related to such concerns as architectural appearance, landscape design and signage for the alteration of structures, sites or areas; 2. Review applicable development proposals, applications for zoning amendments, or applications for moving, demolition or any other kind of permit that may affect properties within conservation districts; 3. Call upon city staff or persons having technical expertise for advice; 4. Testify before all boards, commissions and agencies on any matter affecting architecturally significant sites, structures, objects, areas, neighborhoods and districts; 5. 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." Section 12 That Subsection C be added to Section 18.42.090. of the Bozeman Municipal Code be added so that such Subsection 18.42.090.C. shall read as follows: - 7 - "18.42.090. Demolition or movement of structures or sites within the conservation district. Section 1 3 That Section 18.43.040 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.43.040 Design review board and administrative design review staff powers and duties within entryway corridors. The design review board and administrative design review staff shall have the following powers and duties within entryway corridors: The administrative design review staff is empowered to implement entryway corridor - 8 - B. The design review board is empowered to approve, conditionally ~pprO\fC or dcny minor sito plan opplie~tions through thc issuance or denial of certifioates of appropri~teAcss and to recommend the approval, conditional approval or denial of a certificate of appropriateness to the body i~;lf~ij~i~[,\~~,v:~~u~~~~~df~rn~~~:::~ep~:~t caopnp~:~~~~~~~e permiti:::~j~~~~":iqg!;!,9fii~,::~~nq~61'jirj~. C. Both the design review board and administrative design review staff are empowered to: 1. Develop and apply specific guidelines related to such concerns as architectural appearance, landscape design and signage for the construction and/or alteration of structures, sites or areas; 2. Review applicable 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; 3. Call upon city staff or persons having technical expertise for advice; 4. Testify before all boards, commissions and agencies on any matter affecting entryway corridors." Section 14 That Section 18.49.070 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.49.070 Landscape Performance Standards. A. In addition to complying with the mandatory landscape provisions in Section 18.49.060 of this Chapter, 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. 1. The minimum number of points needed for landscape plan approval by zoning district is as follows: Yard Landscaping Enhancement. An applicant may earn points under this subsection by enhancing mandatory yard landscaping as follows: Lot With Lot Without Residential Residential Zoning District Adjacency Adjacency All districts except B-1 and B-3 23 15 districts and PUDs B-1 18 15 B-3 13 13 PUD Overlay districts Each Proposal within a planned unit development, overlay district, or seeking a deviation to landscaping requirements will be evaluated on the basis of the overall design excellence of the proposal with consideration to the points required by the most applicable zoning district and applicable residential adjacency. - 9 - a. Three points are awarded when the landscapep yard has a minimum average width five feet to ten feet greater than the minimum yard required by this title. b. Five points are awarded if the minimum average width is more than ten feet greater than the minimum yard required by this title. c. Three points are awarded for the installation of native, drought resistant, or drought tolerant species for greater than 50% and less than 75% of the non~turf plants. d. Five points are awarded for the installation of native, drought resistant, or drought tolerant species for 75% or greater of non-turf plants. 2. 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 fifty linear feet of each landscaped yard: a. One large canopy tree and one large noncanopy tree; b. One large canopy tree and two small trees; c. One large canopy tree and five evergreen shrubs; d. One large canopy tree, one small tree, and two large evergreen shrubs; e. Two large noncanopy trees, and one small tree. 3. In the case of a lot with residential adjacency only, eight points. are awarded for providing vegetative screening in the landscaped yard with residential adjacency in accordance with the following subparagraphs: a. The screening must be of natural vegetation at least six feet in height; b. The screening must extend along the entire length of the portion of the landscaped 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; C. However, no points are awarded for screening required by subseotion (D)(a)(b) of this sootion iY;,i:i~~~gH::::1.:.~:f~~n[~~~:i~ unless the required screening is constructed of earthen berm or evergreen plant materials; d. If screening is provided by an earthen berm or evergreen plant materials, the following additional regulations apply: I. An earthen berm must be planted with groundcover. The earthen berm may not have a slope that exceeds one foot of rise for each two feet of run and must be at least four feet high, including planting materials, subject to front yard and site triangle height limitations. II. Evergreen plant materials must: (a) Be located in a bed that is at least three feet wide, (b) Be placed a maximum of forty-eight inches on center over the entire length of the bed unless an alternative planting density that a landscape architect certifies as being capable of providing a solid appearance within three years is approved, and (c) Provide a visual barrier of the required height within three years of their initial planting. - 10- B. Parking Lot Landscaping. 1. Ten points are awarded when all surface parking lots, as defined in subsootion (D)(6)(o) of this sootion~i~i~~~!i~~:~:~::,,;:~~;!~~:;:~'~gs'R' on the building site or artificial lot, whichever is applicable, are landscaped in accordance with all of the following paragraphs: a. A minimum of twenty 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 subsootion (D)(S)(o)(ii) of this sootion ~Y~~~91j,99,':,j,,~,i:m~:i:g%~:ii;l at an average density of one group, plus an additional one large canopy tree, for each required sixteen parking spaces; c. No required parking space may be located more than seventy feet from the trunk of a large canopy tree. C. Special Amenities. 1. Pedestrian facilities. One point is awarded for each one percent (1 %) 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. " Section 1 5 That Section 18.51.01 O.A of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.51.010 Purpose of design review board, administrative design review staff and development review committee. A. Purpose. The design review board, administrative design review staff and the development review committee are established to coordinate, expedite and assure fair, equitable implementation of this title. 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. The development review committee is established to evaluate all proposals subject to the provisions of Chapter 18.52; the development review committee shall act as an advisory body for larger and more complex proposals, and an approval body for smaller and less complex proposals. The design review board is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact, including major site plans and overlay districts and all planned unit developments, and to provide recommendations regarding such proposals to the city commission, subject to the provisions of Chapter 18.52. The administrative design review staff is established as the approval body for aesthetic considerations of smaller and il.iililiilitfif~it!i~!!,i~!~~~a!!iii~'f!~\~i~if_r~t1 to the provisions of Chapter 18.52." ~ 11 - Section 16 That Section 18.52.030.B of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.52.030 Site plan review. B. Review Authority. 1. The city commission 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 are upheld. 2. However, the city commission authorizes the development review iii;j::i~~iii~~~i~i~~;ii~i~~".rll\iii I1lflIiiiii~.lt' c:onsideratio nHot.a ny. maJor. site .plan.a ppl ication; .tl1e. City .c:om rT1 ission sha II con duct a public hearing that has been duly noticed as per Section 18.52.055." Section 17 That Section 18.54.050 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.54.050 Planned unit development review procedures and criteria. A. Approval of a planned unit development shall consist of three procedural steps: 1. Concept Plan Review. Discussion with the development review committee, design review board and planning staff of the applicant's proposal and any requirements, standards or policies that may apply; this step represents an opportunity to identify any major problems that may exist and identify solutions to those problems before formal application. 2. A concept plan review is mandatory for all planned unit development proposals. 3. 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 - 12 - -------------- --- 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 to the Planning Office at least 10 days prior to the meeting of the DRC and DRB. The outline shall be reviewed by the development review committee and design review board. Thereafter, the planning office shall furnish the applicant with written comments regarding such submittal, including appropriate recommendations to inform and assist the applicant prior to preparing the components of the planned unit development application. If any subdivision of the tract(s) in question is proposed, a subdivision Pre. application plat application shall be submitted for review concurrently with the PU D concept plan application, subject to the requirements and limitations of Title 16, Subdivisions, of the Bozeman Municipal Code. S. Preliminary Plan Approval. Submittal of 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 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. 1. Application Process. Upon completion of concept plan review and receipt of the planning office's comments on the concept plan, an application for preliminary plan approval may be filed with the planning office. If the project 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. If any subdivision of the tract(s) in question is proposed, a subdivision preliminary plat application shall be submitted for review concurrently with the PUD preliminary plan application, subject to the requirements and limitations of Title 16, Subdivisions, of the Bozeman Municipal Code. 2. Public Hearings and Meetings. Public hearings and/or public meetings before the DRC, DRB, and city commission for any preliminary plan application, and public notice of such hearings and meetings, shall be provided in accordance with Section 18.51.020 and Section 18.53.020 of this title. 3. Review Criteria. In order to approve an application for a planned unit development the city commission shall find that the application is in conformance with Chapters 18.49, 18.50, and all applicable objectives and criteria of Section 18.54.100 and the criteria in Section 18.53.030 unless an appropriate deviation is granted. 4. Recommendations. The DRC and DRB shall recommend the approval, conditional approval or denial of the preliminary plan to the city commission and shall include in such recommendation the findings upon which such recommendation was determined. 5. Preliminary Plan Approval. The city commission, after conducting a public hearing, may approve, disapprove or approve with conditions the proposed planned unit development. - 13 . -.----.. C. Final Plan Review and Approval. The final plan must be in compliance with the approved preliminary plan and/or development guidelines except as provided for in subsection (C)(4)(a) of this section, and shall be reviewed and approved by DRC and ADR staff. 1. Application Process. Upon approval or conditional approval of a preliminary plan by the city commission, and the completion of any conditions imposed in connection with that approval, an application for a final plan approval may be submitted. 2. Review Criteria. 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: a. The final plan does not change the general use or character of the development. b. The final plan does not increase the amount of improved gross leasable non-residential floor space by more that two percent and does not increase the number of residential dwelling units by more than two percent and does not exceed the amount of any density bonus approved with the preliminary plan. c. The final plan does not decrease the open space. d. The final plan does not contain changes that do not conform to the requirements of this title, e'xcluding properly granted deviations, the applicable objectives and criteria of Section 18.54.100, or other objectives or criteria of this title. 3. Final Plan Approval. The DRC and ADR staff may approve the proposed planned unit development if it conforms with the approved preliminary plan in the manner described above. Prior to final plan approval, the DRC or ADR staff may request a recommendation from the ORB or city commission regarding any part of a proposed final plan. 4. 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. i. 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 from requesting a recommendation from the ORB, DRC, ADR staff, or city commission. - 14 - ii. Minor changes shall not significantly affect the location and placement of buildings, the shape or arrangem'ent of lots and blocks, cause a change of uses, reduce or relocate the allocation of reserved open space, increase density and/or intensity of the project or, in general, change the overall design or intent of the project; b. Major Changes. i. 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 prelimin.ary plans. ii. Major changes shall be defined as follows: (a) A change in the character of the development, (b) An increase of greater than two percent in the approved number of residential dwelling units, (c) An increase of greater' than two percent in the improved gross leasable floor areas of retail, service, office and/or industrial buildings, (d) A reduction in the approved open space, (e) A change in the location and placement of buildings. B. Concept Plan Review." Section 18 That Section 18.54.110. C of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.54.110 North 19th AvenuelWest Oak Street Entryway Corridors. C. PUD Review Procedures. Approval of a development proposal located in the North 19th Avenue or West Oak Street entryway corridor shall be subject to the planned unit development review procedures and shall consist of the three procedural steps as required by Section 18.54.050.A, Concept Plan Review, Preliminary Plan Review and Final Plan Review." Section 1 9 That Section 18.55.030.A&B of the Bozeman Municipal Code be amended so that such section shall read as follows: - 15 - "18.55.030. Public hearing procedures and requirements. A. The city commission and+ef zoning commission 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. B. The planning director shall give public notice of all public hearings to be held before either the city commission 6fl4tor the zoning 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." Section 20 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 21 Severability. If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be severable. Section 22 Savings Provision. This ordinance does not affect the rights of duties that matured, penalties and assessments that were incurred or proceedings that begun before the effective date of this ordinance. Section 23 Effective Date. The effective date of this ordinance is thirty days after final adoption. - 16 - --.- -" ..-. ...- . PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session thereof held on the 16th day of January 2001. ~t3~ MARCIA B. YOUNG A , Mayor ATTEST: (iFd~ R BIN L. SULLIVAN Clerk of the Commission 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 5th day of February 2001. ~(J~ MARCIA B. YOUNGMAN, Mayor ATTEST: ~f:.s~~ Clerk of the Commission APPROVED AS TO FORM: ~ 17 . ~ -- - NOTICE OF PUBLIC HEARINGS FOR AMENDMENTS TO ZONING ORDINANCE TEXT NOTICE IS HEREBY GIVEN of public hearings to be held before the BOZEMAN ZONING COMMISSION on Thursday, February 1, 2000 at 7:00 p.m. and the BOZEMAN CITY COMMISSION on Monday, February 5, 2000, at 7:00 p.m. The meetings will be held in the Commission Meeting Room, City Hall, 411 East Main, Bozeman, Montana. The purpose of the public hearings is to consider amendments to the text of Title 18, Zoning, of the Bozeman Municipal Code, more specifically Sections 18.50.030.D, 18.50.110.A, 18.62.090.A ~- -. ,-- and other related sections, as requested by the Bozeman City Commission and represented by Bozeman City Manager's Office. The Proposed Ordinance would: Allow the concurrent installation of infrastructure improvements and construction of a specific project under specified circumstances, and setting the parameters therefor Public testimony will be taken at the public hearing. Written comments may be submitted to the City Manager's office, P.O. Box 1230, Bozeman, MT 59771-1230. A copy of the proposed ordinance may be obtained from the City Manager's office, City Planning Department, or the Clerk of the Commission, 411 E. Main Street, 582-2306. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2305 (voice) , 582- 2301 (TDD). SUBMITTED 01/12/01 for publication on TUESDAY, 01/16/01 DISPLAY AD PUBLICATION. PLEASE SEND AFFIDAVIT TO CITY MANAGER.