HomeMy WebLinkAboutOrdinance 95- 1406, Adds and Amends Section 18
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ORDINANCE NO. 1406
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE
NO. 1374, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN
MUNICIPAL CODE, BE AMENDED BY REVISING SECTIONS 18.04.010, 18.04.520,
18.42.010, 18.42.020, 18.42.030, 18,42.040, 18.42.050, 18.42.060, 18.42.070,
18.42.080, 18.42.100, 18.43.020, 18.43.030, 18.43.040, 18.43.050, 18.43.060,
18.43.070, 18.43.080, 18.43.090, 18.50.100, 18.50.120, 18.51.010, 18.51.020,
18.52.010, 18.52.020, 18.52.030, 18.52.050, 18.52.060, 18.52.080, 18.53.010,
18.53.020, 18.53.030, 18.53.040, 18.53.050, 18.54.030, 18.54.040. 18.54.050,
18.54.060, 18.54.070, 18.54.080, 18.54.090, 18.54.100, 18.56.030, 18.56.090.
18.58.010, 18.58.020, 18.58.050, 18.58.090, 18.62.020, 18.62.090, 18.62.010,
18.65.030, 18.65.040, TABLE 18.65.050.B, TABLE 18.65.050.C AND SECTION
18.65.080, AND BY ADDING NEW SECTIONS TO BE NUMBERED AS SECTIONS
18.04.035, 18.04.515, 18.42.090 AND 18.52.055 OF SAID CODE; PROVIDING FOR
REVISIONS TO DEFINITIONS; NEIGHBORHOOD CONSERVATION DISTRICT; ENTRYWAY
OVERLAY DISTRICT; GENERAL BUILDING AND DEVELOPMENT STANDARDS; DESIGN
REVIEW BOARD (DRB) AND DEVELOPMENT REVIEW COMMITTEE (DRC); PLAN REVIEW
AND APPROV AL; CONDITIONAL USE PERMIT; PLANNED UNIT DEVELOPMENT;
VARIANCE AND ADMINISTRATIVE INTERPRETATION APPEALS PROCEDURES; PLAN
APPEALS PROCEDURE; ADMINISTRATION. PERMITS AND FEES; AND THE BOZEMAN
AREA SIGN CODE.
BE IT ORDAINED by the City Commission of the City of Bozeman, Montana. that
Section 1
That Section 18.04.010 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
"18.04.010 DEFINITION OF TERMS AND INTERPRETATION OF LANGUAGE
A. All words in this title shall be first defined as provided in this chapter
and, if not defined
herein, shall be defined as in ~lilfilfiI:g.it11Ii The Illustrated Book of Development
Definitions by Harvey S. Moskowitz and Carl G. Lindbloom, 1981, and if not defined in The
Illustrated Book of Development Definitions, shall have their customary dictionary definitions.
For the purposes of this title certain words and terms used herein are defined as follows:
B. Words used in the present tense include the future tense; words used in
the singular
include the plural. and words used in the plural include the singular; the word "shall" is always
mandatory. the word "person" includes a firm, association, organization, partnership, trust,
corporation or company, as well as an individual; the word "lot" includes the words "plot" or
"parcel"; the word "building" includes the word "structure"; the words "used" or "occupied,"
as applied to any land or building, shall be construed to include the words "intended, arranged,
or designed to be used or occupied"; the words "map" or "zoning map" mean the zoning
map(s) of the zoning jurisdiction of the city that delineate the area to be governed by these
regulations. "
Section 2
That the Bozeman Municipal Code be amended by adding a section to be numbered Section
18.04.035, to read as follows:
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t;9ro:lful~~ti~rt!::::::~~~!Q~:::~::riM~~f~::::::~~RfU::::mftt::::::lli~i::.::9~IIW:::::m~m:~I:~~::::::!t:~::~~:::::iliniWI:::i:ii!t
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riY!iMt":it~~~::::~:r~':::,iM~I~G~:::~~:::~~i::::tig9~riiiimi:-::if:::m1iitif::::I:I~~I:~:::w::"
Section 3
That the Bozeman Municipal Code be amended by adding a section to be numbered Section
18.04.515, to read as follows:
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"li~igp':,iMmYi!;Hlliii!!mi!!;iiimi~ji;:!ii~ijiJmi:::i!:!:!ii!ifi::::.!i!il:lii.JJ;if.~iiil~:!;"ii"iili
J.~~iii:~J~~i~ig::::!ri:'.tli..Qi~gglirl:P9~t!:iI.li~m~liYi~iiiiliill~:::;l!illiif.iI;lJi..i~~~;II:::I~t
pJ,ii~!ii!i!:ift~:!.!gii!"iPm!~i~W::::i!itii!I!?i!!:i.Uli!Ifjll~:!:!liilijii~M:!:iii~..ifiIMi!~flb!Mi!lf
~li:~::l"ii'li:::tJjilil:::ii"'iPig!t~iI:!]Q;!:1I1_~"
Section 4
That Section 18.04.520 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
"18.04.520 DESIGN REVIEW BOARD
~ "Design Review Board" means that board appointed by the City Commission
charged
~j;~
B. The Board shall oonsist of six professional and two non professional members
as follov..s:
Professional members degreed in their respective disciplinos or the substantial oquivalont
thereof four arohiteets, one architectural historian, and one landscape
architect or laAefseape
dosignor; Non prefossional members
individuals with a domonstratod into rest in and
Imowledge of urban design snd/or historic preservation.
No member ef the dosign reviow
board shall sorvo ooncurrently as a member ef the Bozoman City County Planning Beard. A
quorum of the design roview board shall be tAroe mombors, of whioh two must bo professional
membors, and one of the prefessieAel memBers must be aA arehiteet."
Section 5
That Section 18.42.010 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
"18.42.010 INTENT AND PURPOSE
A. All new construction, alterations to existing structures, movement of
structures into or
out of the neighborhood conservation overlay district, hereinafter referred to as conservation
district, or demolition of structures by any means or process will be subject to 11111: revie~
by the design roviow beard. The recommendations of the design review board g~
~fUg!iM.il:yigiimg:"r.y,i.I',~I!f shall have substantial weight 1I'.giii9:.ti!i!r.tI~liilmn
in the final action of any agency, board or commission involved in conservation district
development decisions.
B. This chapter defines and sets forth standards which apply to conservation
districts.
c. The intent and purpose of the conservation district designation is to
stimulate the
restoration and rehabilitation of structures, and all other elements contributing to the character
and fabric of established residential neighborhoods and commercial or industrial areas. New
construction will be invited and encouraged provided primary emphasis is given to the
preservation of existing buildings and further provided the design of such new space enhances
and contributes to the aesthetic character and function of the property and the surrounding
neighborhood or area. Contemporary design will be encouraged, provided it is in keeping with
the above stated criteria, as an acknowledged fact of the continuing developmental pattern
of a dynamic, changing community. The neighboring community shall be provided notice and
opportunity to comment upon the proposed property improvements '4i.iBlli:Il.I:Elia
:!~:I*:il~-tJqi and further, iiiimiil.:::iiiil shall have the right to appeal tRel!llU~ll!11
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decisions of the cJesign reviow eearet, tho agonoy responsiblo for implementing Mia:i\_.~
the provisions of this chapter'~rIIili:I.Qiil.I;:liillilllt"~f.I.1IJ111!f.14:':':':','
G.Q':':
In view of the fact that most of the area included within the boundaries of the
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conservation district was developed and built out prior to the adoption of zoning and
contemporary subdivision regulations, construction, development pattern and range of uses
is highly diverse and frequently not in compliance with conventional regulatory requirements.
This chapter recognizes that this diversity is a major contributing element of the historic
character of these neighborhoods or areas. The provisions of this chapter shall be applied in
a manner that will encourage the protection and enhancement of the many diverse features
for future generations.
~i' The conservation district boundary is largely coterminous with the area surveyed in the
effort that led to the listing of eight districts and forty additional landmark structures in the
National Register of Historic Places and includes the eight designated districts and forty
landmarks. This chapter sets forth the means of protecting and enhancing the conservation
district.
~~~: It is further the purpose of the conservation district designation to protect and enhance
neighborhoods or areas of significant land planning or architectural character, historic
landmarks or other built or natural features for the educational, cultural, economic benefit or
enjoyment of Bozeman citizens. It will be the policy and responsibility of the administrative
entities of this chapter to:
1. Protect,
preserve, enhance and regulate structures, archaeological sites and areas
that are reminders of past eras, events or persons important
in local, state or national
history; or which provide significant examples of land planning
or architectural styles or
are landmarks in the history of land planning and architecture;
or which are unique or
irreplaceable assets to the city and its neighborhoods; or
which provide examples of
physical surroundings in which past generations lived; or which
represent and express
the unique characteristics of small agricultural based, western
city developmental
patterns;
2. Enhance
property values through the stabilization of neighborhoods and areas of the
city, increase economic and financial benefits to the city
and its inhabitants, and promote
tourist trade and interests;
3. Develop
and maintain the appropriate environment for buildings, structures, sites
and areas that reflect varied planning and architectural styles
and distinguished phases
of Bozeman's history and prehistory;
4. Stimulate
an enhancement of human life by developing educationil: and cultural
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dimensions, which foster the knowledge of Bozeman's heritage,
and cultivate civic pride
in the accomplishments of the past; 8flEi.
5. Seek to
maintain and enhance the many private and public elements that are unique
to the fabric, theme, and character of each neighborhood and
area, including but not
limited to: lighting, pathways, street trees, natural areas
and other features that may,
from time to time, be identified by the citizens and property
owners of neighborhoods,
areas, and subsections thereof; IiI
6. Provide
the neighboring community with notice and opportunity to comment upon
i*iiiii[iEu;!'i.i']_.iil,II(.I.III,(~I'.'ltlll'
and to further provide the neighboring Clommunity .fI!41~jjI1:.4ijj
with the right to
~r:>p~~I_.~.~?~:.?i.~.~~.~.~..?,! the Design Rfeview Bearet,
tRB a~_()_r:l~!_f().~J3~r:I_~_i~I_~_._!_.~~_~.~_f_?_~.~!_~_.~
li!I'11111'111;liili1.'il~,;isions of this chaPterf:::::::::I::::::liltltll.
:::;:;wl:fll.~tl<<l~
Section
6
That Section 18.42.020 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
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" 18.42.020 DEFINITIONS
Unless specifically defined below, words and phrases in this chapter shall be interpreted so
as to give them the same meaning as set forth in the principal definitions section (Chapter 18.04),
or if not so defined, shall have the same meaning as they have in common usage and so as to give
this chapter its most reasonable application.
"Alteration" means any act or process, except repair and light construction as defined herein,
that changes one or more of the architectural features of a structure or site, including, but not
limited to, the erection, construction, reconstruction, relocation of or addition to a structure. The
term alteration may apply to any act or process that changes the interior architectural features of
that portion of a public or private property commonly frequented by the general public, provided
said public or private property is located within a designated historic district or listed individually
on the National Historic Register. However, changes upon interior elements of private residences,
regardless of their location or historic status, shall not be considered alterations as defined in this
section.
"Architectural appearance" means the architectural character and general composition of a
structure, including but not limited to, the kind and texture of the building's materials and the type,
design and character of all windows, doors, light fixtures, signs and appurtenant exterior elements;
and, interior architectural detail
including, but not limited to, floors, fixtures, hardware,
ornamentation and other elements that contribute to the building's architectural or historical
significance.
"Area" means a specific geographic division of the city of Bozeman.
"Certificate" means a certificate of appropriateness issued by the dosign review board
,pi:liinj::',~!g:!!,i::::!gmg~~' indicating its approval of plans to alter a structure.
"Conservation district" means an area designated as the neighborhood conservation overlay
district on the city zoning map pursuant to the procedures set forth herein.
"Construction" means the act of adding to an existing structure or erecting a new principal
or accessory structure.
"Demolition" means any act or process that destroys, in part or whole, a structure or
archaeological site.
"Landmark" means a site, structure or object designated as a "Landmark" pursuant to the
procedures prescribed herein, that is worthy of preservation, restoration or rehabilitation because
of its historic land planning or architectural significance and officially recognized through listing in
the National Register. A landmark shall be subject to all
conservation district procedures and
requirements.
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"Light construction" means any change not construed as an alteration or repair, including:
paving of established driving and parking areas (subject to the requirements of Section 18.50.120);
construction of patios not greater than one hundred twenty square feet in size; construction of
sidewalks not wider than three feet; and landscaping (but not including major changes in grading
or site surface drainage).
"National Register" means National Register of Historic Places. A list, maintained by the U.S.
Department of Interior, of sites, properties, objects and districts having local, state or national
historical, architectural or cultural significance.
"Preservation Board" means the Bozeman historic preservation advisory I3eaFd b6.mmiiiiii.
. ~ . ~ . ~ . ~ .:.:. ~ .:.:.: .:.:.:.:.:.:.:.:.:.:.:.:.:.=-=-:.Y.:":.:.:.:.
.
"Relocation" means any movement of a structure on the same site or to another site.
"Repair" means any change not otherwise construed as light construction or an alteration, as
herein defined, that constitutes replacing broken, worn or damaged materials with like, not
necessarily identical, materials and is insignificant to the size and condition of the structure or
property. Repainting and reroofing shall be included under this
definition of repair."
Section 7
That Section 18.42.030 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
"18.42.030 DESIGN REVIEW BOARD :IIIJI.I~I_iJB::::I_.ll.:::iBi POWERS
AND DUTIES WITHIN CONSERVATION DISTRICTS
It is intended that the design review board i!iI:::ilmll~~ii~g;:;@B,ii:::lilE,fiiif 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 iqi:::i.llm~lfi:~lin~.!i.wI{Ktl;;iIlft: shall have the following
powers and duties within conservation districts:
A. The d03igR roviow board Igm:,p.mf.~iUhIHiji.lgoJiiiiii!i.m)t is empowered to implement
conservation district procedure's"'li'ncf"req'u'ireme'nts"an-ci";---w'ith'iii"the conservation districts is
empowered to:
1 . Aijpprove, conditionally approve, or deny property altoratieRs
and devolopment
~~~f~:S (~~q~i~i;9C:~:~~~ ~1:~6~'I.IIIIIIIIIIIIIII.i:~ititm;~ii
WtU4:2l09.Q through the issuance or denial of certificates
of appropriateness; ef
.:.:.:':.:':.:.:.:.:.:.:.:.:.:':.:.:.:.:.:.:.:.:.:.:.:.:.:.
Rfecommend the approval, conditional approval, or denial of a certificate of appropriateness
to the body with final approval authority for the projoct iA tho oaso of major site plans,
iiI_i
.5.
B. To hold publio moetiAgs and review applieatieAs for property
altoratieAs;
1;:j::~:::::::::I~l.li::::li:::<<<<ilill:::t@'yliiU.rg..IQ<<:jalll.ir~t.I~::.li1il:li.I(~ll;lfi:':.Ai:li.lt
G:- ::tS: To develop and apply specific guidelines related
to such concerns as
architectural appearance, landscape design, and signage for
the alteration of structures,
sites, or areas;
I*g~:
To review e# j.~.,li development proposals, applications for zoning
amendments, or applications for moving, demolition or any other
kind of permit that may
affect properties within conservation districts. The direeter
ef planning and tt:le building
official shall rofer all sl::Iet:l matters te the design review
board fer appropriate aetien;
&I~:
To call upon city staff or persons having technical expertise for advice;
,:.;,;,;,;.:
I=.;.f:f To testify before all boards, commissions and agencies
on any matter affecting
architecturally significant sites, structures, objects, areas,
neighborhoods and districts;
Go- iF:
To review any tax abatement or other incentive programs being considered by
. ":f
:.:.;,:.:.:.
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. n
Section 8
That Section 18.42.040 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
"18.42.040 CONSERV A TION DISTRICT DESIGNATION OR RECISION
A site, structure, object, area or district may be designated or rescinded as a landmark, or
added to or removed from the conservation district by the City Commission upon recommendation
of the preservation board if the property OWAcr concurs subject to the provisions of Chapter 2.80
of the Bozeman Municipal Code, Historic Preservation Advisory Commission, and Chapter 18.55
Text Amendment and Rezoning Changes. RfgM.111~lr::::'gq~IU~
i.f'I):;:iiliiaIlIlir;i.
gi~~QQii~gp:':::gr:::I:~I!i~:::::i:i::::!IQ!1mltl:':~I!g~"
Section 9
That Section 18.42.050 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
"18.42.050 CERTIFICATE OF APPROPRIATENESS
A certificate of appropriateness, received from either the design review board, 1tI1~_i'
g~i.!Q~::::fiM~,I!!::i~itf:, planning board, or the City Commission, shall be required before any and all
alteration(s) other than repair as defined herein, are undertaken upon any structure in the
conservation district. For alterations not requiring
City Commission or planning board approval,
compliance with the design review board's~jn::~II~.ili:::~iilifil(iMml:;.I!ldecisions will be
mandatory subject to appeal to the City Commission as set forth in Chapter 18.58 of this title.
Application procedures are as follows:
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A. No building, demolition, conditional use, sign, or moving permit
shall be issued within the
conservation district until a certificate of appropriateness has been issued by the design review
board or appropriate review authority, and until final action on the proposal has been taken.
B. Application~ aA6 review@'ig~f:'l~tymmInQjjiQ procedures for proposals located within the
li.~~'"
order to accommodate projects which may be classified as FAinor alterations, a eertifioate ma,!
be applied for and issued l3y tAe aelFAiAistrative officer without prsviding public notice sr
posting the property. Minor alterations may inoludo: feAsiAg; removal of dilapiaated, unsafe
struotures (unloss on tho Nati(mal Historic Register or ideAtified as "contributing" to an
established historio distriot); oSAstrl::lstisn of deel(5 and porehes in siaB or rear yards (but not
in front or corncr side yards); construotioA or plaeement of storage sheets not larger than onc
hundred twenty square feet in sizo; fOj9laooFflsAt of aiding (not othorwise considered repair or
part of a morc significant alteration); and paving (flatwsrld net otherwise cxeepted from
review as "light construetien."
C. A denial of a certificate shall be accompanied by a written
statement of reasons for the
denial.
D. Aggrieved j9CrsoAs, as elefined in Chapter 18.68 of this title,
may appeal the eJeeision of
the design review board pursuant te tho provisiens of this ehaptor.
In such cvent, the
issuanee of a certifieatc shall BO stayed until the appeal process Aas been satisfied."
Section 10
That Section 18.42.060 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
"18.42.060 STANDARDS FOR CERTIFICATES OF APPROPRIATENESS
A. In considering aA a~pplicationi for a certificatei, tho etesign review board shall be guided
by ~i,,::i~glrif:99~f9~ml~~::::I:~1 the Secretary of Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings (Revised 1983), published by U.S. Department
of the Interior, National Park Service, Preservation Assistance Division, Washington, D.C.,
(available for review at the Bozeman city-county planning office).
B. Architectural appearance design guidelines used to consider
the appropriateness and
compatibility of proposed alterations with original design features of subject structures or
properties and with neighboring structures and properties shall focus upon the following:
1.
Height;
2.
Proportions of doors and windows;
3.
Relationship of building masses and spaces;
4.
Roof shape;
5.
Scale;
6.
Directional expression, with regard to the dominant horizontal or vertical expression
of surrounding structures;
7.
Architectural details:-~'
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ll.J.ll.~!P9tm~~Utt.1
~:::::~gg@!;linf:;
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C. Contemporary, non-period and innovative design of new structures
and additions to
existing structures shall be encouraged when such new construction or additions do not
destroy significant historical, cultural or architectural structures or their components and when
such design is compatible with the foregoing elements of the structure and surrounding
structures. "
Section 11
That Section 18.42.070 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
" 18.42.070 APPLICATION REQUIREMENTS FOR CERTIFICATES
OF APPROPRIATENESS IN
CONSERV A TION DISTRICTS
Applications for certificates of appropriateness shall be made in conjunction with applications
for major or minor site plan approval, in accordance with Chapter 18.52 of this title.
Where
development projects in the conservation district do Rot require iili sfte.l:lt9b: plan review as per
Chapter 1 8.52 (i. e. single-family;,t1ftfI two-family:~~~Ir.ilfim!m:lIijfli~nil:~~1 residential structures~'
i[i~:~:~~:!:i~~~~i~iiE!i~i; signs; fences; property alterations; and certain amendments to site plans),
applications for certificates of appropriateness shall be made on a form provided by the city-county
planning office, and shall include the information and material as set forth in Chapter 18.52."
Section 12
That Section 18.42.080 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
"18.42.080 DEVIATIONS FROM UNDERLYING ZONING REQUIREMENTS
Because the development of much of historic Bozeman preceded zoning and construction
regulations, many buildings within the conservation district do not conform to contemporary zoning
standards. In order to encourage restoration and rehabilitation activity that would contribute to the
overall historic character of the community, deviations from underlying zoning requirements may
be granted by the City Commission after considering the recommendations of the design review
board ~:~::~~I~~~~ti~~i:::~~~!~~::t~iml:::~mf~~ The criteria for granting deviations from the underlying
zoning requirements are:
A. Modifications shall be eaAsisteRt with the inteRt and pl:lrpeS8
af tt:lis chapter, the ZeniA€)
_-.-..--
B. Modifications will have minimal adverse effect on abutting
properties or the permitted
uses thereof;
c. Modifications shall assure the protection of the public health,
safety, and general welfare.
Approvals may be conditioned to assure such protection, and such conditions may include7
1.
^ ,@ time period within which alterations will be completed,
2-:-
!:landscaping and maintenance thereof,
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4.,. Aany other conditions in conformity with the intent
and purpose set forth in this
chapter. "
Section 13
That the Bozeman Municipal Code be amended by adding a section to be numbered Section
18.42.090, to read as follows:
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Section 14
That Section 18.42.100 of the Bozeman Municipal Code be amended
so that such section
shall read as follows:
"18.42.1 00 APPEALS
All deci3ions of the design review boaret FRay Be appealed
to tAB City Commission f31:Jr5uant
to the provisions of Chapter 18.68, Plan AI3PDals Procedure. I.lidl:illlifttiinl~:::i:ijI::~:liljiie~.
t@.i::;:~i!MQ~':::::R~:::~::~:~~,lfldii~i~:~:lh~!~.:::~::;~.ll::::giHt;1fii;:::~~ijii[::Ptq~ig:ilifiii;j:.Ql.P.i~!I:~:"
Section 15
That Section 18.43.020 of the Bozeman Municipal Code be amended
so that such section
shall read as follows:
"18.43.020 INTENT AND PURPOSE
A.
There are several arterial corridors entering the Bozeman area that introduce visitors and
residents alike to Bozeman and the Gallatin Valley. The visual
attributes of these roadways
provide a lasting impression of the character of the Bozeman
area. It is the intent and purpose
of this chapter to ensure the quality of development along
these corridors will enhance the
impression and enjoyment of the community, both by guiding
development and change that
occurs after the adoption of this ordinance codified by this
title and by stimulating and
assisting, in conjunction with other provisions of this title,
improvements in signage,
landscaping, access and other contributing elements of entry
corridor appearance and
function.
S.
It is the intent of this chapter to establish design criteria, standards and review
procedures that will allow the city and its advisory boards
and agencies to review and direct,
in a fair and equitable manner, the development and redevelopment
of future and existing
i.
C.
It is furthor tho intont of this ehaptor to previete the neighboring eommunit'{ with notiee
and opportunity to comment upon the proposeet j3fepcrty improvements,
and to furtt:ler provide
the neighboring community 'f/itA tAO right to appeal the eteeisions
of the etesign fOviow bearet,
the agency fOsponsiblo fer implementing tho provisisn9 ef this
chapter, Tho reeommenelations
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... ~-~~.~.~-- -~._.- .. .__......__u_u.....
of thc dcsign rcviow board shall have s~139taAtial weight in the final aetien of any agency,
board or commission invel...ed in entryway corridor de',elepment dccisions."
Section 16
That Section 18.43.030 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
"18.43.030 APPLICATION OF ENTRYWAY CORRIDOR PROVISIONS
A. Entryway corridor provisions shall apply to all entryway corridor
areas as designated on
~t~t;:~~jifii'it:~iin~ti:;ii;;i::;i.II,llillllll'11;ir.l.f~I'I~'r.II.'
Specifically, these provisions shall be applied to all developments within such corridors as
follows:
1.
Class I: All development wholly or partially within six hundred sixty feet of the
centerline of the following roadways:
a. Interstate 90, within the Bozeman zoning jurisdictional boundary, measured
from the centerline of the outside lanes of the opposing roadways and from the
centerline of the access ramps;
b. Interstate 90 frontage roads within the Bozeman zoning jurisdictional boundary,
whether or not they be designated frontage roads;
c. U. S. 10, from the 1-90/N orth Seventh A venue Interchange west to the
Bozeman zoning jurisdictional boundary;
d. U.S. 191, west from Ferguson Road to the Bozeman zoning jurisdictional
boundary.
2.
Class II: All development wholly or partially within the lesser of one city block or
~.~
a. Seventh Avenue, south from the 1-90 Interchange to Main;
b. Nineteenth Avenue, south from the 1-90 corridor to the Bozeman zoning
jurisdictional boundary;
c. Main Street, east from Broadway to Interstate 90;
d. Main Street, west from Seventh Avenue to Ferguson Road;
e. Rouse Avenue and State Primary 86 (Bridger Canyon Road) from Tamarack
north and east to the Bozeman zoning jurisdictional boundary.
8. Thc previsions of this chapter shall be appliee! in addition
to any othor applicable
rcgulations of this titlo. "
Section 17
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 BOARDl:\f.!I::II_mI.I.lj]lii~!i~_:::_::li~:f:1 POWERS
AND DUTIES WITHIN ENTRYWAY CORRIDORS
The design review board ig:::::ltillf!iIIH.irf:::iiill:~:~::.H shall have the following
powers and duties within entryway corridors:
- 11 -
---.--
Th €I' . B eI...d.'.'.'.,.,..,.,.".,.,.........,.~,."..,.."'"'H.'.'.'.'..~'m'w'..........w.'I...w.w'\'tM!f . d' I
A. e eSI n review oar j:tmniS:UabVOfJ.::( ffiW .n:::tef:....:wm... ,:,j IS em owere to Imp ement
9 '._'''''''''''''''''''''''''''''''''''''''''''.'''''''"""""""""""""""...,............9...,....w...xw..........................'N,.XN,..,',., 13
entryway corridor procedu res"" al1cr"requTremiints ..'ancL....withi'i1 the entryway corridors is
empowered to.;.-
-1-:----A~pprove, conditionally approve, or deny proj3erty alterations roEtuiring sketch plan
or miAor site plan revieYI as defined in Chapter 18.62 Wib.J.mit~Qiii through the issuance
.n........................_'.'.'.'_'.'.'.'..,..-.-.-."."."."."....
or denial of certificates of appropriateness~li
:.;.
-Riecommend the approval, conditional approval, or denial of a certificate of appropriateness
:.:.
to the body with final approval authority for the project in the eOS8 of major site plans,
conditional use permits, and planned unit developments i.~iij!Mrii~:
...............^.....""'.......
...................................
8. To hold publie meetings and review applioatiens
fer j3ropert'j alteratieA9 within entryway
corridors and issue or deny eertifioates of apprepriatonoss for sueh aotions;
1~:i:i:::~:~:i:i:I~Vn:lii!il.lllifl.I::.itJiQlt:!it.Eff.iI?.:::Bli*IFI'I:,~r.<<lfAm:i:.lilill::I;
G:- i~t]i To develop and apply specific guidelines related to such concerns as architectural
app:e:arance, landscape design and signage for the ~liijlil1iIieli! alteration of structures,
sites, or areas;
G-:- g@! To review aUiie11Sii! development
proposals, applications for zoning amendments,
or applications for moving, demolition or any other kind of permit that may affect properties
located within entryway corridors. The direetor af planning and the building offieial shall refor
all such matters to the design review board fer appropriate aetion; ,
Eo: gj,i' To call upon city staff or persons
having technical expertise for advice;
-F-:- #~' To testify before all boards, commissions
and agencies on any matter affecting
:.:.:.:.:.: entryway corridors."
Section 18
That Section 18.43.050 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
"18.43.050 CERTIFICA TE OF APPROPRIATENESS
A certificate of appropriateness, received from either the design review board or ill~!iii~~iiy;i
pii~~:~,!]'iM!il,:"il~f, planning board, or the City Commission, shall be required before any and all
alteration(s) other than repair as defined in Chapter 18.42, are undertaken upon any structure in
the entryway corridor. For alterations not requiring City Commission or planning board approval,
compliance with the design review board's or gll,!.~!i:iili!ii;::!lliiliii!I'~~i~decisions will be
mandatory subject to appeal to the City Commission as set forth in Chapter 18.58. Application
procedures are as follows:
A. No building, demolition, sign (if a deviation
is requested), conditional use, or moving
permit shall be issued within an entryway corridor until a certificate of appropriateness has
been issued by the design review board or the appropriate review authority, and until final
action on the proposal has been taken.
~~iiiiiiiii
iq~:::::lpRf9X!I. Additionally, in ardor te aeeemmedate projeots which may be olassified ae
minor alterations as defined in Ct:lapter 18. 42, a certificate FFlay be applied fer and issued by
the administrative offieor without provide public Aotiee pesting the property, Minor alterations
mo', include fencing, sidewalk and eIriveway eonstruction, er FOmoval of dil3pidated, unsafe
- 12 -
"".. -. ~ ...., -
structures, constructien of clool<3 and perches in side or roar yards (but not in front er eernor
sido yards); construotien er placement €If steFage sAeels Ret laFger than ene hundred twenty
square feet in 3ize; replacement of siding (not otherwise considered repair or part of a more
significant alteration); and paving (flatwork) not otherwise excepted from review as light
oonstruotion.
C. A denial of a certificate shall be accompanied
by a written statement of reasons for the
denial.
D. Aggrio'lod porsons, as defined in Chapter 18.68,
may appeal the decision of the design
reviow board pursuant to the provisians of 3aid ORal3tor.
In 3UCR event, the issuance af a
certificate shall be 3toyed until tho appeal process haa been aatisfied."
Section 19
That Section 18.43.060 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
"18.43.060 DESIGN CRITERIA AND DEVELOPMENT STANDARDS IN ENTRYWAY CORRIDORS
The following general design criteria and development standards shall apply to all development
occurring within the areaji described in Section 18.43.030, above.
.:.:.:
A. General Standards
1.
The development shall provide for adequate open space, circulation, off-street
parking, and pertinent amenities. Buildings, structures
and facilities in the parcel shall
be integrated, oriented and related to the topographic
and natural landscape features of
the Bozeman area.
2.
The proposed development shall be compatible with existing and planned land use,
and with circulation patterns on adjoining properties.
It shall not constitute a disruptive
element to adjacent or nearby properties or to
the environmental character of the
Bozeman area.
3.
The proposed development shall also comply with all applicable design standards
iv~:j:j:~nmtiHgii, including any whieh are identified
in adopted 1~j,I1iiif::ij~~d~l~ design
objecti'\,el"pi'iiii3 fer tRO sms. ............................
...................
B. Access Standards
1.
Initial access provision to properties fronting on any Class I entry way corridor
roadway shall be designed so access points on
said roadway are spaced no more closely
than every six hundred sixty feet. Initial access
provision to properties fronting on any
Class II entryway corridor roadway shall be designed
so access points on the roadway
are spaced no more closely than every three hundred
thirty feet or one city block.
2.
Revised access schemes to previously developed or subdivided property shall
consolidate access points on entry way roadways
whenever possible and shall add no
additional points of access to the roadways unless
such addition can be demonstrated
to improve the operation of the entryway roadway.
It shall be the obligation of the
applicant to determine an acceptable method of
access to his/her property including
securing access easements from adjacent properties,
if necessary.
3.
When addressing pre-existing development in fully built-up areas, these access
standard provisions shall be interpreted in a
practical manner allowing for continuing
reasonable access to properties along entryway
corridors.
C.
- 13 -
~
Ir~II!I"I.f:ii.lllllrllll([lr""III.I\Ir.llfilll~i.~~I~11!~~
1.
Parking Setback
Parking facilities shall comj3ly with the applicable requirements of this title except
that no parking araa shall be located eloser thaA
fifty foot to any Class I oAtryway
corridor roadway right of way or 26 feet to aAY
Class II entrywa', corridor roadway right
of way.
2.
Parking Landscaping
Unloss spoeifie sereeAiAg or bufferiA!;I teel=tAiquos ara roquired, all parking areas shall
be landscaped to appear from aAY oAtryway reaelway
as aA oxtoAsien of tl=te Aatl:lFaI
Gallatin Velloy 18Adseape.
This will bo aooomplished through tho usa of berms,
depressod parldng, naturallaAdsoaj3e Matorials
surrounding and within tho parking araas,
or other means to aeoomj3lisl=t the dosirad offoot
of praserving tho area's natural viows.
D. 8uilding Standards
1.
Sotbool(3
Buildings in any ontryway eerrieler shall be set baek from an entryway roadway
right of way 85 follows:
Class I: 60 foot
Class II: 26 foet
2.
Design
Building desigA aAd materiels shall bo oompatible with, and complement the views
offered 83 a Duokdrop to tho building, as seon
from the entr'/way roadway.
E. Land3eB13iAg BAd Open Space Standards
1.
Open Spaoe
All devolopments shall preserve a laAdseaped opon spaoe area between any
ontryway roadway right ef 1/:a)' and parking area
or building as fellews:
Class I: 60 foet
Class II: 26 feet
2.
Londsoaping
All dovolopments .....ithiA 01"1 eAtFyway eorridor shall be subject to the landscaping
requirements of this title.
F. Signago Standards
All signago shall moot tho requiremoAts of Chaptor
18.66. Howo,,'er, deviatioAs from tho
spooifio signago roquiremcnts of the overlay or uAdorlying zoning district and applieablo
supplomental regulations may be granted as set forth in 18.13.080."
Section 20
That Section 18.43.070 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
" 18.43.070 APPLICATION REQUIREMENTS FOR CERTIFICATES
OF APPROPRIATENESS IN
ENTRYWA Y CORRIDORS
Applications for certificates of appropriateness shall be made in conjunction with applications
for major or minor site plan approval, in accordance with Chapter 18.52.
Where development
- 14 -
------.---..
----~.-
_..~...........,.~ j'-- - .___.".. _.__ou_
projects in the entryway corridor de not require ~IW .. illi~. plan review as per Chapter 18.52
(i. e. sing Ie-fa m ily:~, aM two-fam iIY~~:~~~I~~.~f:il~iJ;::~iggEiiYf~[JII:!I~ residential stru ctu res~1::~:i.li,11irl
:~~atftffifQi~~:~::]bti; signs; fences; property alterations; and certain amendments to site plans),
.:.:.: .:. :':':':':':':':':':':':':':':':'.':':':':':':':'~'~':':.:.:::.:.:.~.=
applications for certificates of appropriateness shall be made in conjunction with an application for
sketch plan review on a form provided by the city~county planning office, and shall include the
information and material as set forth in Chapter 18.52. n
Section 21
That Section 18.43.080 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
"18.43.080 DEVIATION FROM OVERLAY OR UNDERLYING ZONING REQUIREMENTS
A. To accomplish the intent and purpose of this chapter
it may be necessary to deviate from
the strict application of the overlay or underlying zoning requirements. An application for such
iiiiii
B. The application for deviation shall be subject
to the submittal and procedural requirements
of Chapter 18.52, Site Plan AiVmW:::iH Approval, and shall be accompanied by written and
:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;.;~':.:.:.:
graphic material sufficient to illustrate the conditions that the modified standards will produce,
so as to enable the City Commission to make the determination that the deviation will produce
an environment, landscape quality and character superior to that produced by the existing
standards, and will be consistent with the intent and purpose of this chapter, and with the
adopted design objectives plan for the particular entry way corridor. Upon such a finding, the
City Commission may authorize deviations of up to twenty percent beyond or below minimum
or maximum standards, respectively, as established in the underlying zoning district
regulations. "
Section 22
That Section 18.43.090 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
"18.43.090 APPEALS
All decisions of the design review board may Be eppealea to the City Cemmission pursuant
to the provisions of Chapter 18.68, PleA Appeals Procedure.
1i.1~1~lllil~i9gi~:Iii::::ii~IB::;,m
:lffl!p~if::~:~::I~:Ii.M:lii:::!piii!:::mi:::I.m;I!119f::&~::g!ii:~:.iil~::lii.l~j:I"iipiitfiiiii1iii~i.nilIRil'
~tiU:::gr::~I~!gl~gi.:~::R9!~r9]1r!9!lgIUt1!:~:plil.iill:::lIlffl}!Qlt~::::~:::~g~::iiib:lg.t~:;:I,lm!AH\::if:
!:::'9!,51~iSii.':::!iAm::'9i::::i.if::::pni~~~:mi::::iiil1::::if!liii:~:~B"Iiig:::.i1.:~"
Section 23
That Subsection C.1 of Section 18.50.100 of the Bozeman Municipal Code be amended so
that Section 18.50.100. C. 1 shall read as follows:
18.50.100 LANDSCAPING
"C. Definitions
1. All words in this section shall be defined as
provided herein and, if not defined herein,
shall be defined as in the definition of terms of Section 18.04 of this Zoning Ordinanee .:
- 15 -
..-_. -
~~~. - --. ....------
and, if not defined therein, shall be defined as in R<<<<11E:1BI1i1Ii;m The Illustrated Book of
__n________.............................................
Development Definitions by Harvey S. Moskowitz and Carl G. Lindbloom,4-Q8..1., and if not
defined in The Illustrated Book of Development Definitions, shall have their customary
dictionary definitions."
Section 24
That Subsection 0.2 of Section 18.50.100 of the Bozeman Municipal Code be amended so
that Section 18.50.100.0.2 shall read as follows:
18.50.100. LANDSCAPING
"D. General Landscaping Provisions
2.
Platting Not Required for Artificial Lots. An artificial lot need not be platted,
however it must be designated on plans approved
by the planning director, development
review committee, design review board, IImi!n~i1r,iigi~:~:~iii~
i.ij,~~:~~i!l!f.li planning
board, or City Commission prior to the issuance
of a building permit."
Section 25
That Subsection D.4 of Section 18.50.100 of the Bozeman Municipal Code be amended so
that Section 18.50.100.0.4 shall read as follows:
18.50.1 00. LANDSCAPING
"D. General Landscaping Provisions
4.
Landscape Plan Review
a. The development review committee and, if required by this title, _
i~m~i.mjrij,iii:[I.i.I.iliIIMil, the design review board, the planning board, an'(i
the City Commission shall review each landscape plan to determine whether or not
it complies with the requirements of this section.
b. All landscape plans must comply with the mandatory landscape provisions in
subsection (0)(5) of this section.
c. In addition, all landscape plans must earn a minimum number of points as
specified in subsection (0)(6) of this section. Points are awarded for specified
landscape features and elements based upon their relative value or merit. The
alternatives for achieving the minimum points needed for approval are provided in
subsection (0)(6), Landscape Performance Standards, of this title."
Section 26
That Subsection D.5.b of Section 18.50.100 of the Bozeman Municipal Code be amended so
that Section 18.50.1 00.D.5.b shall read as follows:
18.50.100. LANDSCAPING
"D. General Landscaping Provisions
5.
Mandatory Landscaping Provisions
b. Additional Screening Requirements. The ORB, IgB~ DRC, and/or other
approval authority may require additional screening when it is determined to be in
the best interest of the affected properties. Such additional screening may be
required between existing and/or future:
(0 Single-family and multi~family developments or apartment buildings;
(ii) Multi-family and multi~family developments or apartment buildings;
~ 16 ~
-
(iii) Residential and non-residential uses; or
(iv) Non-residential uses of differing character and/or intensity;"
Section 27
That Subsection F of Section 18.50.100 of the Bozeman Municipal Code be amended so that
Section 18.50.100. F shall read as follows:
18.50.100. LANDSCAPING
"F. Deviation From Landscaping Requirements
1.
To achieve the optimal landscape design on individual sites or to coordinate the
landscape design in an area, it may be necessary
to deviate from the strict application
of landscaping requirements.
An application for such deviation shall be processed
through the ii1jjfiiii ~sign Rfeview geaffi i_..
and approved by the City
Commission.
2.
The application for deviation shall be subject to the submittal and procedural
requirements of Chapter 18.52, SR]:i!Mfnli~fii!it
and shall be accompanied by written
-.-...-.-.-.-.-...-...............-.....-................................
...................x
and graphic material sufficient to illustrate
the conditions that the modified standards will
produce, so as to enable the City Commission to
determine that the deviation will
produce an environment, landscape quality and
character superior to that produced by
the existing standards, and will be consistent
with the intent and purpose of this chapter.
Upon such a finding, the City Commission may authorize
deviations of up to twenty
percent from landscape design standards contained
herein."
Section 28
That Subsection B.3 of Section 18.50.120 of the Bozeman Municipal Code be amended so
that Section 18.50.120.8.3 shall read as follows:
18.50.120 PARKING REQUIREMENTS
"B. Stall, Aisle and Driveway Design
3.
Exceptions to These Parking Requirements. Because some situations (Le. existing
lots which have no landscaping, irregular lots,
lots with topographic difficulties, etc.)
would benefit from an alternative to the required
maximum parking areas; because the
community's appearance could benefit from additional
landscaping, streetscaping, and
sculptural elements; and because parking exceptions
and/or landscaping would encourage
development within existing city boundaries; the
following alternatives may be permitted:
These alternatives may be proposed by the developer for review by ljij[lilB staff.
.......-.-............n.........-x...x
Such proposals may be approved based on a determination
that such alternatives meet
the following requirements and will not create
a congested on-street parking situation in
the vicinity of the proposal.
a. Neighborhood Conservation Overlay District. Except in the B-3 District, parking
requirements in neighborhood conservation overlay districts will be governed by
Chapter 18.42 of this title. Generally, parking and access drives should not have
an adverse effect on any existing elements which contribute to the character of the
neighborhoods. Common driveways, single car garages, and landscaped yards and
boulevards may be some of the important elements to retain. The procedures
outlined in Chapter 18.42 may be used to define all parking requirements.
b. Landscaping in Lieu of Parking. Except in the B-3
District, property owners
have the option of requesting the deletion of up to five required spaces or ten
percent of the required parking spaces, whichever is less, if three hundred fifty
square feet of landscaping, trees, streetscaping, or sculptural elements (not signage)
is installed on the property for each space so deleted. This shall not decrease the
amount of landscaping that would have been required with full parking, but shall be
in addition to such landscaping. This option shall be approved by GR8 .-tilll
- 17 -
__n _~ -
--
~~:ff. These improvements must be placed in the public right-of-way or yards
directly facing the right-of-way."
Section 29
That Section 18.51.010 of the Bozeman Municipal Code shall be amended so that such
section shall read as follows:
"18.51.010 PURPOSE OF DESIGN REVIEW BOARD. .llIiiUB.II~I::::I.m
IUI.:nf.'-M'::_
AND DEVELOPMENT REVIEW COMMITTEE
A. Purpose.
The design review board. iimiplitf:iiiim"iiiii~~:~~~:~t,*llfIifif:1 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
B. Development Review Committee Procedures
Established. To implement this purpose,
certain procedures shall be adopted to include, but not be limited to, a regularly scheduled
weekly or bi-weekly meeting attended by representatives of each of the City or County
departments charged with development review, each representative of which shall have
decision making capability and authority (veto power). Tape recorded and written meeting
reviews setting forth decisions. oommitments, eAd direotives iridttibdiQii shall be made.
';-;.;.;.;.:-;-;-;-:-~-:.~-:-:':-:':':':':':':':':""" . x..;.;
These records shall be preserved as part of the official proceedings for each development
proposal. Lastly. the DRC shall [~it.lti_i::Ii....Jfi.ll:i:gl.1 prepare and
adopt i9ip.Jili!i,~il procedural rules that will assure the accomplishment of the stated purpose
and promote the efficiency and effectiveness of the developmental review process.
1. a. The Committee shall at a minimum be composed of the
following personnel:
director of public service or designee, fire marshal~ or designee, the superintendent
of streets/garbage or designee. the superintendent of water/sewer or designee. the
city-county planning director or designee, and the building official or designee.
When necessary. other members of the committee may include: the police chief or
designee. the superintendent of parks/cemetery or designee. the recreation
superintendent or designee, the city manager or designee, with other individuals to
be included as necessary at the city-county planning director's request.
b. When applicable, county personnel may be included on the
committee,
including the county subdivision review officer or designee. the county sanitarian
or designee, the county road superintendent or designee, with other individuals to
be included as necessary at the County Commission's request.
C. Design Review Board Procedures Established.
To implement this purpose. certain
procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or
bi-weekly meeting attended by members of the board. Tape recorded and written meeting
reviews setting forth decisions, eommitmeAts, eAfJ direotives i~IU~iI!nQi shall be made.
These records shall be preserved as part of the official proceedings for each developmental
~~~;~~~t iGiillii.Rp~oS:e~~!"!~!II.'i.lilllll.l. ;:';:::i~
assure the accomplishment of the stated purpose and promote the efficiency and effectiveness
of the design review process.
1. The board shall consist of six professional and .fwe iB non-professional members
as follows: professional members degreed in their respective disciplines or the
- 18 -
......----
~~~~
Section 30
That Section 18.51.020 of the Bozeman Municipal Code shall be amended so that such
section shall read as follows:
"18.51.020 GENERAL PROCEDURES. NOTICE AND TIMING
B. Formal Application. An application for ORC and/or
ORB jn~l~i(.1?~ consideration of a
development proposal must be submitted utilizing a form available from the planning director.
Material to be submitted with the application shall include the elements set forth within the
requirements for the type of proposal to be considered. i.e.. sketch plan, site plan. conditional
use permit. certificate of appropriateness, planned unit development, etc., as outlined in
Chapter 18.52. It is recommended that the applicant discuss the application informally with
the DRC. ORB. ~.pa or planning director prior to formal submission to help expedite the
process. Depending upon the size of the proposed project, its location and type, the applicant
may be directed to one or more agencies of the city for processing.
1.
Proporty ownors withiA two hUAdred feet of the 9~Bjeet pFoperty shall be sent a
written notice indicating the laaatieA aAd general
intent af the pFOposal and saheduled
public meetings and appeal proo099 sAd hesFing(s);
speeifying the date, number, timo and
place for the hearings. It shall speoify the Aame
and address of the applicant. the name
- 19 -
-===--- ---.--. .--.-----
and address of tho ownor of rooors of tho J3roJ3orty,
a logal deseription of the property
affeoteel, the streot address or its loeation
by approximate distanccs from the nearest
major streot or road intorseotions so tho proporty
ean be readily idontified, and 0 briof
statomont of the nature of the hearin€Js. Notioe
FRay olso be provided to property owners
in any additional area that may be substantially
impaoted 13'{ tho J3roposal as determinod
by thc planning director.
2.
One or more notiocs containing the same information as stated in subscction (CH1)
above shall be plaood in eORspioueus looatioRs
on the sul:J:jeet J3roJ3orty.
2.
Thc applicant's pfOposal, along with plans and relatcd information shall be made
available at tho planning offiee for pl:Jl:Jlie
review.
1.
When required by ordinance or statute, eertain J3rojeots may requirc advertisement
in a newspaper of general circulation.
D. Public Commont. Tho period for publio commont
shall bo ten Bays. Commonts, if any,
shall bo in writing and shall be direoted te tho planning direeter aAd shall be available for
inspootion by thc gonorol publio. The applicant may respond to tho comments as ho/she FRay
fool appropriate.
e.;~. DRC and/or DRB iD.I~9fi.f.llm Action. By
day fourteen from the date of the regularly
scheduled ORC and/or ORB meeting at which the applicants' proposal was initially reviewed,
the DRC and/or DRB shall take action to approve, approve with conditions, iilJ.i:iifiimlm
.
~. Plan Appeals Procedure. The applicant or certain other parties may appeal a decision of
the ORC and/or ORB iiitllB. The criteria for appeals is set forth in Chapter 18.58, Plan
.:.;.;.;.;.:.:.:.:.:.;.;.:.:.:.:.:.:.:.:.
Appeals Procedure."
Section 31
That Section 18.52.010 of the Bozeman Municipal Code shall be amended so that such
section shall read as follows:
"18.52.01 0 INTRODUCTION
A. All development proposals within the zoning jurisdictional
area of the city will be subject
to plan review and approval. Depending
on the complexity of development, either sketch
plans or site plans will be required as specified in this chapter.
B. Special Development proposals (i.e. PUDs, CUPs,
variances, mobile homes located on
individual lots, etc.) require other information to be submitted in conjunction with sketch plans
or site plans and are subject to requirements specific to the type of proposal. These additional
submittal requirements and review procedures are outlined in Section 18.52.040.
C. When a development is proposed within a neighborhood
conservation or entry way
corridor overlay district, or proposes signs which do not specifically conform to zoning
requirements, design review is required in conjunction with either sketch plan or site plan
review. In such cases, additional submittal
requirements and review procedures apply as
outlined in section 18.52.050.
D. Minor site surface preparatien anel nerR'lal R'lainteAanoe
shall bo alloweel prier to submittal
and approval of sketch or site plans, providing that such aotivity dees not include exeavatieFl
for foundations or thc removal af maturo, hoalthy vegetatien."
Section 32
That Subsection B of Section 18.52.020 of the Bozeman Municipal Code shall be amended
so that Section 18.52.020.8 shall read as follows:
- 20 -
-------..-- .. --------. .--..-...--.....- --..-..- -.
- ..-.....,.,....
-,--,- _.~_.,~. ..__.'~____'~_..r .._.. ~'_._~.........~_~_
-. '------ --.- .'..-..-.-
18.52.020 SKETCH PLAN REVIEW
"B. Sketch Plan Review Procedures
1.
No Certificate of Appropriateness Required. Sketch plans for projects which do not
require a certificate of appropriateness shall
be submitted to the planning staff for a
determination of compliance with zoning requirements.
Once compliance is achieved, the
application will be approved for construction
or referred to the appropriate permitting
authorities.
2.
Certificate of Appropriateness Required. Sketch plans and such additional
information as may be required for projects which
require a certificate of appropriateness
as per Section 18.52.050 shall be submitted to
the planning staff and forwardod te the
de3ign review board. The planning staff 11f.{]ditflllfii
shall review the proposal for
zoning compliance~::i~~IJ.:,ii~.~t[6R:I!IJ:..~IIJmli~~i:~~~iijj
lil~it~lit111iim:.
and roport tho findings to the dosigA review board.
The design review board shall then
reviow tho proposal subjeet te the previsiens
of SootioR 18.62.060. li:iilRBI.iSg
.~-
Section 33
That Subsection C of Section 18.52.020 of the Bozeman Municipal Code shall be amended
so that Section 18.52.020.C shall read as follows:
18.52.020 SKETCH PLAN REVIEW
"C. Sketch Plan Review Criteria.
Sketch Plans shall be reviewed for compliance with all
;~~~~i~~l~i~~iiii~i!~:;.ii~::iijl;ii~lfiii;lij~;jjiiii;iiillllll'J.~elif:i~i
Section 34
That Section 18.52.030 of the Bozeman Municipal Code shall be amended so that such
section shall read as follows:
"18.52.030 SITE PLAN REVIEW
A. Classification of Site Plans.
1. For purposes of this title, site plans will
be classified as major or minor site plans:
All developments within the zoning jurisdiction
of the City, except individual single family~:
aR6 two.family~::::::~fI!fI~ll~ti~Bii:ll~:riplt.t!.i
residential t:tftRs Bill!:, each on
individual lots, and other development proposals
requiring only sketch plan review, shall
be subject to this section. A major site plan
involves one or more of the following:
a. Twelve or more dwelling units in a multiple family structure or structures;
b. Fifteen thousand or more square feet of office space, retail commercial space,
service commercial space or industrial space;
c. More than one building on one site for permitted office uses, permitted retail
commercial uses, permitted service commercial uses, permitted industrial uses or
permitted combinations of uses;
d. Twenty thousand or more square feet of exterior storage of materials or goods;
e. Parking for more than forty vehicles.
2.
Any other site plan, except those that are part of a planned unit development or
conditional use permit, will be considered a minor
site plan.
. 21 .
-.
3.
Any conditional use permit application shall be reviewed according to the regulations
in Chapter 18.53.
4.
Any planned unit development shall be reviewed according to the regulations in
Chapter 18.54.
B. Review Authority.
1.
The planning board has the right to review and require revisions to any proposed site
plans, major or minor. The purpose of this review
is to prevent demonstrable adverse
impacts of the development upon public safety,
health, or welfare; to protect public
investments in roads, drainage facilities, sewage
facilities, and other facilities; to
conserve the value of adjoining buildings and/or
property; and to ensure that the
applicable regulations of the city are upheld.
2.
However, the planning board hereby authorizes the development review committee
and/or the design review board~:jiidiid1~i.mi~ti.'Q)
to review and approve minor site plans,
~---
C. Application of Site Plan Review Procedures
1.
These procedures shall apply to all developments within the zoning jurisdiction of
the city except for individual single familv~
eAEI two~familv~~:~m{g~f:.6.i~:liiti.ii
residential units, each on individual lots, or
to other development proposals requiring only
sketch plan review.
2.
The site plan shall be submitted and approved prior to the issuance of any building
permit.
3.
No occupancy permits shall be issued for any development for which site plan
review is required until certification has been
provided demonstrating that all terms and
conditions of site plan approval have been complied
with.
D. Site Plan Submittal Requirements
1.
Applications for all site plan approvals shall be submitted to the planning office on
forms provided by the planning director. The site
plan application shall be accompanied
by the appropriate fee and development plans showing
sufficient information for the City
Commission, planning board, design review board,
or development review committee to
determine whether the proposed development will
meet the development requirements
of the city.
Unless otherwise specified, twenty copies of the application and required
supplemental information addressing the following
shall be submitted:
a. General Information
i. Name of project/development,
ii. Location of project/development by street address and legal description,
iii. Location map, including area within one.half mile
of site,
IV. Name and mailing address of developer and owner,
v. Name and mailing address of engineer/architect, landscape architect and/or
planner,
vi. Date of plan preparation and changes,
vii. North point indicator,
viii. Suggested scale of one inch to twenty feet, but not less than one inch to
one hundred feet,
- 22 -
-
ix. List of names and addresses of property owners
within two hundred feet
of site, using last declared county real estate
tax recordsii:;:[lji:~
g~<<::gi&.i.::im~:::I.I;:_if,R:;;i:41"
x.
Stamped, unsealed envelopes addressed with names of above property
owners~~:!:!:f.~!:I_II_:!:i.i<<;..{Ii.~i.!::..ir.lIIl.ili~:ri.!
'
xi. Zoning classification within two hundred feet,
xii. Listing of specific land uses being proposed,
and
xiii. Complete, signed application.
b. Site Plan Information.
The following information is required whenever the
requested information pertains to: 1) zoning or other regulatory requirements; 2)
existing conditions on-site; or 3) conditions on.site which would result from the
proposed development.
i. Boundary line of property with dimensions,
II.
Location, identification and dimension of the following existing and
proposed data, on site and to a distance of one
hundred feet outside site plan
boundary unless otherwise stated:
(A) Topographic contours at a minimum interval of two feet, or as
determined by the planning director,
(B) Adjacent streets and street rights-of-way to a distance of one hundred
fifty feet, except for sites adjacent to major
arterial streets where the distances
shall be two hundred feet,
(C) On.site streets and rights.of-way,
(D) Ingress and egress points,
(E) Traffic flow on.site,
(F) Traffic flow off-site,
(G) Utilities and utility rights.of-way or easements:
(1) Electric,
(2) Natural gas,
(3) Telephone, cable TV,
(4) Water,
(5) Sewer (sanitary, treated effluent and storm),
(H) Parcel size(s) in gross acres and square feet,
(I) Buildings and structures,
(J) Estimated total floor area and estimated ratio of floor area to lot size
(floor area ratio, FAR), with a breakdown by land
use,
(K) Proposed coverage of buildings and structures for parcel(s) and total
site, including the following:
(1) Percentage and square footage of building coverage,
(2) Percentage and square footage of driveway and parking,
(3) Percentage and square footage of open space and/or landscaped
area,
(L) Surface water holding ponds, streams and irrigation
ditches,
watercourses, water bodies, and wetlands,
(M) Floodplains as designated on the Federal Insurance Rate Maps,
- 23 -
(N) Grading and
drainage plan, including
provisions for on-site
retention/detention and water quality improvement
facilities as required by the
city engineering department, or in compliance
with any adopted storm drainage
ordinance,
(0) Significant rock outcroppings, slopes of greater than fifteen percent, or
other significant topographic features,
(P) Detailed plan of all parking facilities: including circulation aisles, access
drives, bicycle racks, compact spaces, handicapped
spaces and motorcycle
parking,
(Q) Sidewalks, walkways, driveways, loading areas and docks, bikeways,
including typical details,
(R) Provision for handicapped accessibility, including but not limited to
wheelchair ramps,. parking spaces, hand rails,
and curb cuts:#t~I~~gg!nl
i~iif~imiB:i:igil~i_:..iig::::li:::.niiijtillilfiiiti~a;::~~lll
l~::iiip{~il;i:;"""'--'
(S) Fences and walls, including typical details,
(T) Exterior signs,
(U) Exterior refuse collection areas, including typical details,
(V) Exterior lighting, including typical details,
(W) .ggrfi~[iliiiIiIJBIIIE~IiI.::]~diiI:.{{ill;;~~.i!gi:::IiI~I,
(WI) Landscaping (detailed plan showing plantings, equipment, and other
appropriate information as required in Section
18.50.100),
(1) landscape legend, including botanical and common names of
vegetation to be used,
(2) Size of plantings at time of planting and at maturity,
(3) Areas to be irrigated,
(X)j) Unique natural features, significant wildlife areas, and vegetative
cover, including existing trees and shrubs having
a diameter greater than two
and one-half inches, by species,
(~) Snow storage areas,
(~II) Location of municipal and extra-territorial boundaries within or near
the development,
(Mil) Existing zoning.
iii.
Number of employee and non-employee parking spaces, existing and
proposed, and total square footage of each,
iv. Site statistics including site square footage,
non-residential building square
footage, percent of site coverage (building and
parking), net dwelling unit
density, percent park or open space,
v. Total number, type, and density per type of
dwelling units, and total gross
residential density and density per residential
parcel,
vi. A reproducible copy of the site plan with
appropriate signatures shall be
submitted upon approval;
c. Building Design Information (On-Site).
I.
Building heights and elevations of all exterior walls of the building(s) or
structure(s) ,
- 24 -
__________._ _____ .u.._
-. ---.----
~.. . .___. ._..__n_ _ --......-....... ',~ ~
ii. Height above mean sea level of the elevation of the lowest floor and
location of lot outfall when the structure is proposed to be located in a
floodway or floodplain area,
iii. Floor plans depicting location and dimensions of all proposed uses and
activities.
E. Site Plan Review Procedures.
1. Minor Site Plan. Minor site plans shall be processed for review in the manner
prescribed in Chapter 18.51 and Chapter 18.58 should an appeal be taken.
2. Major Site Plan. Major site plans shall be initially processed through the DRC and/or
the DRB~:':ln@Q:::!lmp!ll~ in the manner of a minor site plan; however, the DRC i_~
ORS action(s) shall not be final but rather advisory to the planning board. PubliCI Retiee,
;p'p:~als and alII procedures ibaIiBfi_ shall be conducted per the provisions of
Chapters 18.5 f" and 18. 58. ---------.-..-..-.-.-.-.-.----.-.-.-..-.-.-.-.-........-...'.
F. Site Plan Review Criteria
1. In considering applications for site plan approval under this title, the development
review committee, and when appropriate, 1i1~:iiliill!~f!!:::::gii..f.11::~:~:.., the
design review board, the planning board, and the City Commission shall consider the
following:
a. Relationship of site plan elements to conditions both on and off the property;
;'J::::jp.i:m~Mifi~::@iliti:~; city's ZClnin~ Orain8nee IUi:::.I~f.llifjli":ii!:::_.tf
.....,..--..-.,..------------.---.-----------.-.--------------.---..
.........n...........................__.........................
c. Conformance to the city's master plan;
d. All other applicable laws, ordinances and regulations;
e. The impact of the proposal on the existing and anticipated traffic and parking
conditions;
f. The consistency of the proposal with respect to land use requirements;
g. Pedestrian and vehicular ingress and egress;
h. Building location and height;
i. Landscaping;
j. Lighting;
k. Provisions for utilities;
I. Site surface drainage;
m. Open space;
n. Loading and unloading areas;
o. Grading;
p. Signage;
q. Screening;
r. Setbacks;
s. Overlay district provisions;
t. Other related matters, including expressed public opinion.
- 25 -
.--.-,-.'-."--
"- ,.--
- -~. ..-,..---..
~.,...-,.",.~. .-..-.... """10'1""'--- -,--
2.
If the development review committee and, if appropriate, the design review board,
the planning board, or the City Commission shall
determine that the proposed site plan
will not be detrimental to the health, safety,
or welfare of the community, is in
compliance with the requirements of this title
and is in harmony with the purposes and
intent of this title and the Bozeman area master
plan, approval shall be granted, and such
conditions and safeguards may be imposed as deemed
necessary.
3.
Site plan approval may be denied upon determination that the conditions required
for approval do not exist. "
Section 35
That Section 18.52.050 of the Bozeman Municipal Code shall be amended so that such
section shall read as follows:
"18.52.050 CERTIFICATES OF APPROPRIATENESS: ADDITIONAL APPLICATION REQUIREMENTS,
REVIEW PROCEDURES, AND REVIEW CRITERIA
A. Submittal Requirements for Certificates of Appropriateness.
All development proposals
requiring certificates of appropriateness (Le. located in a neighborhood conservation or
entryway corridor overlay district) shall submit the following information in addition to any
sketch plan, site plan, or special development submittal requirements for the proposal.
1.
Neighborhood Conservation Overlay District. Certain information shall be provided
to the design review board iil~ili.:~lill.iiip!y
to review prior to granting or
denying a certificate of appropriateness. All
materials te be sl:;Ibmitted shall be prepared
on eight and onc half 8~; eleveR iAon J>aJ>or
and packaged or bel:lReI to fit a standard, letter
sizo file. ^l3l3lieetieAs ttlat iAyolve moro volumin6us
arohitecturel plaAs and specificatiens
shall 130 aooompanied by siml3lified sltetetloa,
details and supporting doeumentation, on
lottor sizo paper, wtlietl synttloaize ttle detailed
design deel:;lA'leAts. The extent of
documentation to be submitted on any project shall
be dictated by the scope of the
planned alteration and the information reasonably
necessary for the design review beerd
it!~:tit!~II:~:::~iill::*i.i~~ to make its determination.
At a minimum, the following
items shall be included in the submission:
a. Completed application on form provided by the city-county planning office;
b. One current picture of each elevation of each structure planned to be altered
and such additional pictures of the specific elements of the structure or property to
be altered that will clearly express the nature and extent of change planned. Except
when otherwise recommended, no more than eight pictures should be submitted
and all pictures shall be mounted on letter size sheets and clearly annotated with the
property address, elevation direction (N,S,E,W) and relevant information;
c. Sketch plan or site plan rot-itmM~, as per Section 18.52.020 or 18.52.030;
d. Historical information, including available
data such as pictures, plans,
authenticated verbal records and similar research documentation that may be
relevant to the planned alteration;
e. Materials and color schemes to be used~.
(The effeet of color in crcatiAg a
dosign oharaoter that is apf,lrel3riate fer and compatible wittl the ncighborhoeel or
distriot will be eOAsidered. However, no roquiremeAts or eonditions j3ertaining to
matorials or oolor schemes BRa II bo imposed unless approved by a unanimol:lB vete
of the design review board members presoRt at a regularly setleduled meeting.)
f. Plans, sketches, pictures, specifications and other data that will clearly express
the applicant's proposed alterations;
g. A schedule of planned actions that will lead to the completed alterations;
h. Such other information as may be suggested by the city.county planning office;
I. It is
further suggested that the
applicant seek comments from the
neighborhood or area;
- 26 -
- ----------
J. Description of any applicant-requested deviation(s) and a narrative explanation
as to how the requested deviation(s) will encourage restoration and rehabilitation
activity that will contribute to the overall historic character of the community.
2.
Entryway Overlay District.
a. Depending on the complexity of development, either sketch plans or site plans
will be required as specified in this chapter.
b. If the proposal includes an application for a "deviation" as outlined in section
18.43.080, the application for deviation shall be accompanied by written and
graphic material sufficient to illustrate the conditions that the modified standards
will produce, so as to enable the City Commission to make the determination that
the deviation will produce an environment, landscape quality and character superior
to that produced by the existing standards, and will be consistent with the intent
and purpose of Chapter 18.43.
3.
Sign Proposals Which Do Not Specifically Conform to Zoning Requirements.
Independent sign proposals (i.e. not in conjunction
with other development) which do not
specifically conform to zoning requirements, are
required to submit full site plans.
Additional site design information in sufficient
detail to demonstrate compliance with the
design objective plan encompassing the property's
location shall be provided. If no
design objective plan has been prepared for the
location, additional site design
information, if necessary, shall be determined
by the design review B88fEl thFOugh the
design review process ~SR:::$"ff.
B. Review Procedures and Criteria for Certificates
of Appropriateness
1.
Certificates of appropriateness shall only be issued according to procedures and
criteria specified in Chapters 18.42, 18.43 and
18.65, and Chapter 18.51 which
describes the general procedures, notice requirements
and timing for all proposals
requiring
development review committee
and/or design review
board iRli.t
.' ,', .',
ia.~if1j!mi~!,!jIiig!tiir::~i!jftt&~:~:.f! review.
-:-:.:-:<<:.:.:.:.:.:.:.:-x-:
2.
Sign proposals which do not specifically conform to zoning requirements shall be
reviewed according to procedures and criteria
outlined in Chapter 18.65."
Section 36
That the Bozeman Municipal Code be amended by adding a section to be numbered Section
18.52.055, to read as follows:
"i~~~~I~~~~~mQ~~rt~~U'LlCt~~:I'llirBl.U3.~U
- 27 -
--- -----..-- -----
~ - - iiii."" -
- ... - -- --- - -
Section 37
That Section 18.52.060 of the Bozeman Municipal
Code be amended so that such section
shall read as follows:
"18.52.060 BUILDING PERMITS BASED UPON APPROVED
SKETCH OR SITE PLANS
Based upon the approved sketch or site plan (hereinafter
referred to as "plan"), and after any
appeals have been resolved, a building permit
for the site may be requested and may be granted
pursuant to Chapter 18.62, provided such building
permit is granted within one year of plan
approval. Prior to lapse of one year, the applicant
may seek an extension of one additional year
from the p'~nri~ii]i:~~Jti~t.g~ granting body
(DRC, [)RB, PB, or City Commission) \:Ipsn showing
reasonable cause for the delay. 19::::!9~~:~~r.I.i:.tJjtifimJ_.
~~r:;:.JlIII..::!..1
Section 38
That Section 18.52.080 of the Bozeman Municipal
Code be amended so that such section
shall read as follows:
" 1 8. 52. 080 APPEALS
Appeals of decisions rendered in conjunction with
any plan review may be taken as set forth
- 28 -
-,
.~,~,,~.. - . -.---
Section 39
That Section 18.53.010 of the Bozeman Municipal Code shall be amended so that such
section shall read as follows:
"18.53.010 GENERALLY
Certain uses, while generally not suitable in a particular zoning district, may, under certain
circumstances, be acceptable. When such circumstances exist, a conditional use permit may be
g ranted i~f~,I~if:]iivt:mBml~~9g.
Conditions may be applied to the issuance of the permit and
periodic review may be required.
The permit shall be granted for a particular use and not for a
particular person or firm. No conditional
use permit shall be granted for a use which is not
specifically designated as a conditional use in this title."
Section 40
That Section 18.53.020 of the Bozeman Municipal Code shall be amended so that such
section shall read as follows:
"18.53.020 APPLICATION FOR CONDITIONAL USE PERMIT -- NOTICE REQUIREMENTS
A. The person applying for a conditional use permit
shall fill out and submit to the planning
director the appropriate form, with the required fee. The request for a conditional use permit
shall follow the procedures and application requirements of Chapter 18.51 and Chapter 18.52.
Eimm~iilgij:~: In addition to tho notiee re~l:IifeFFleAts deseribod in Chapter 18.61, RRotice of
the plari'nin'iiboard iiltl hearing and City Commission approval er rehearing 'tI~!Ir._:
&f !gr conditional use permit applications shall be published at least once in the Bozeman Daily
forty-five days nor less than fifteen days prior to the scheduled public hearings and approvals,
specifying the date, number, time and place for said hearings and approvals. It shall specify
the name and address of the applicant, the name and address of the owner of record of the
property, a legal description of the property affected, the street address or its location by
approximate distances from the nearest major street or road intersections so the property can
be readily identified, and a brief statement of the nature of the Rimil hearings~1:il~!:!*::i.ilJ.~
and approvals. The notice shall provide a map of the area in question so as to indicate its
general location and proximity to surrounding properties.
C. If a rezoning is required prior to approval of
a conditional use permit the application for
rezoning and the conditional use permit may be filed and acted upon simultaneously, however
the Board's recommendation on the conditional use permit shall not be effective until zoning
has been approved by the City Commission."
Section 41
That Subsection B of Section 18.53.030 of the Bozeman Municipal Code shall be amended
so that Section 18.53.030.8 shall read as follows:
18.53.030 CITY COMMISSION CONSIDERATION AND FINDINGS
"B. The Commission shall, in addition to all other
conditions, impose the following general
conditions upon every conditional use permit granted:
1 .
The right to a use and occupancy permit shall be contingent upon the fulfillment of
all general and special conditions imposed by
the conditional use permit procedure;
- 29 -
2.
That all of the special conditions shall constitute restrictions running with the land
useL &A6 shall be binding upon the owner of the
land, his successors or assigns, n;l.~
3.
That all conditions specifically stated under any conditional use listed in this title
shall apply and be adhered to by the owner of
the land, successors or assigns;
4.
That all of the special conditions shall be consented to in writing by the applicant. "
Section 42
That Subsection C of Section 18.53.030 of the Bozeman Municipal Code shall be amended
so that Section 18.53.030.C shall read as follows:
18.53.030 CITY COMMISSION CONSIDERATION AND FINDINGS
"C. Applications for conditional use permits may be approved, B.~I.~illifil@iflJjj:~ or
denied by motion of the Commission. If an application is denied, the denial shall constitute
a finding that the applicant has not shown that the conditions required for approval do exist."
Section 43
That Section 18.53.040 of the Bozeman Municipal Code shall be amended so that such
section shall read as follows:
"18.53.040 NOTIFICATION OF COMMISSION ACTION
The applicant shall be notified in writing of the action taken by the commission within seven
'~~i!i.iii days of its action. If the application iiiI1ll1iiiB::iiiii has been granted, the permit
shall be issued upon the signature of the planning director, and any conditions, automatic
termination date, or period of review shall be stated on the permit."
Section 44
That Section 18.53.050 of the Bozeman Municipal Code shall be amended so that such
section shall read as follows:
" 18.53.050 MODIFICATION OR ENLARGEMENT OF
STRUCTURES AUTHORIZED UNDER A
CONDITIONAL USE PERMIT
Any proposed additions, enlargements or modifications of the structures approved in any
conditional use permit or any proposed extension of the use into areas not approved in any such
permit, shall be subject to Site Plan Approval, Chapter 18.52 and Chapter 18.53 of this title."
Section 45
That Subsection A of Section 18.54.030 of the Bozeman Municipal Code shall be amended
so that Section 18.54.030.A shall read as follows:
"18.54.030 APPLICATION AND USES OF A PLANNED UNIT DEVELOPMENT
A. A planned unit development may be applied to any
development having one or more
principal uses or structures on a single parcel of ground __a or contiguous parcels of
ground :i~n::::pt9iili. Any use or combination of uses may be ahowed in a planned unit
developmeii'iprovlded such uses are consistent with the Bozeman area Master Plan ilt
iptii'ii~l~fi:::;~I~::::i:!I~ilmn::jjj~:!~:9fflf:I:m1'. "
- 30 -
." ~O_
"" ..--~__.. _" "._"__.0". ~-""-
--,,------ -------'~ -- - ------=:;:' _.~. ~.
"U_""_".'U"' '_~."_"'_.o~_~_"'"'___"_." .___.____.,,_
Section 46
That Section 18.54.040 of the Bozeman Municipal Code shall be amended so that such
section shall read as follows:
"18.54.040 SPECIAL CONDITIONS OF A PLANNED UNIT DEVELOPMENT
The following special conditions shall apply to any planned unit development.
A. Single Ownership. The tract or parcel of land
involved shall be either in one ownership
or the subject of an application filed jointly by the owners of all the property to be included.
B. Title Holdings. The approved final plan shall
specify the manner of holding title to areas
and facilities of joint use. Normally such areas and facilities shall be retained in title by the
developers of the development or deeded to an organization composed of all owners in the
development.
C. Residential Planned Unit Developments. The permitted
number of residential dwelling
units shall be determined by the provision of and proximity to public services iililltf::'119
IIJ!m~lf!ti~I::::~I:j::~nUiIIjBJ:l'JUU~:~:lii,lii):::~::lla~:~~::gg~
D. Use of General Building and Development Standards.
All planned unit developments shall
be reviewed against the general building and development standards established in Chapter
18.50. However, the general building and development
standards will be used only as a
guide. Approval of a planned unit development
shall rest upon a finding by the City
Commission, as proved by the applicant". for a planned unit development, that the
"0""0"000000...00000.000000000000"'"0"0"0""
intent of the general building and development standards is achieved.
E. Establishing additional standards.
In addition to, or in lieu of, the general building and
development standards, the city shall have the right to establish general design standards,
guidelines and policies, for the purpose of implementing and interpreting the provisions of this
chapter.
F. Conformance to Sign Code.
All signs proposed in conjunction with a planned unit
development shall be reviewed against the provisions of the Bozeman sign code, Chapter
18.65. All signage must be approved as part of the PUD and shall be designed as an integral
element of the overall planned unit development.
Approval of signs within a planned unit
development shall rest upon a finding by the City Commission, as proved by the applicant
:lislm,UsFliii!, that the intent of the sign code is achieved."
Section 47
That Section 18.54.050 of the Bozeman Municipal Code shall 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~ ana the
design review board .1_i~"..I of the applicant's
proposal and any requirements,
standards or policies that may apply; this step
represents an opportunity to identify any
major problems that may exist and solutions to
those problems before formal application.
Planned unit developments prepesiAg U3C3 not othorwise
ellewcd in the undorlyiAg zoning
district shall also s\:Jl3mit the eenceptual pror;tossl
to the planning l30ard and City
Commission for oonocptual review.
2.
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, planning board and City Commission.
A planned unit development
that will be developed in phases must submit either
a preliminary plan for all phases or
else submit a preliminary plan for the initial
phase or phases and submit development
guidelines for all subsequent phases.
- 31 -
0
3.
Final Plan Approval. The final plan must be in compliance with the approved
preliminary plan and/or development guidelines
except as provided for in subsection
(C)(2)(a) of this section, and shall be reviewed
and approved by DRC and GRBlfIfIllJ.
B. Concept Plan Review.
A concept plan review is mandatory for all planned unit
development proposals.
1.
Review Procedures. This is an opportunity for applicants to discuss requirements,
standards, and policies that apply to development
proposals and to identify major
problems, so that they can be solved before a
formal application is made. Concept plan
review meetings will be held by the development
review committee and the design
review board and will provide guidance for planned
unit development applications. The
general outline of the planned unit development
proposal, presented as graphic sketch
plans, shall be submitted by the applicant and
reviewed by the development review
committee and design review board. Thereafter,
the planning director shall furnish the
applicant with written comments regarding such
conference, including appropriate
recommendations to inform and assist the applicant
prior to preparing the components
of the planned unit development application. Planned
unit developmonts prspesing uses
net othorwise allowod in tho underlying zoning
district shall also 9u13mit the propesal te
tho planning board and City CommissioA for eoneeptual
review. 11;lni.II~I.~II~
C. Preliminary Plan Review and Approval
1.
Application Process.
&:- Upon completion of concept plan review and receipt of the planning director's
comments on the concept plan, an application for preliminary plan approval may be
filed with the planning director. If the development project 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. n;1inlj~:iURIJiiliHIWlm
b. For good oause shown and unique sirst:lmstanees, er fer proposals oontaining
only eRe I3rincipal uso, the planning direeter may pormit ths applieation of a final
plan to bo concurrent with the preliminary plaA epplioation.
2.
ffl~it.t~ Hearinas iiI4jl_i. The planning beEIFI.:J ana City Commission shall hold
public heariAgs SA tRS prslimiAaFy plan, A notice
anneuncing tRe dates, times, placcs and
purpose of the hearings shall be mailed at least
fiftoOA days before the day of tho first
hoaring tc aoeh eWABr sf prsperty sitt:lBted whelly
or partl', withiA two hundred feet ef
the property to whieh the planned unit developmeRt
relates. The planning dimeter shall
bo responsible for plaoing and moiling sueh Aetiees.
In lieu of mailing the Aetiees, they
may be delivered personall'/. For purposos of
giving mailed notiee, tho planning direeter
shall require tho applioant to furAish e list
of the names and adelre3se3 of all preperty
owners within two hundred foot of tRS preperty,
with stamped oRvslepes addressed to
caeh of the listed proporty ewnOFS. Such list
shall eertify that the names anel addresses
ef tho property ewnoFS BFe aeeerding to the last
deelared county real estatc tax reoords.
In addition, notiee of the hearings shall be pUBlisheel
in the Bozeman Dail', Chmniele
~~-
~:~~~:;;=g~:~
a. Interrelationship of the preliminary pleA elements te eonditiens beth eA and off
the property;
- 32 -
. -- "',,-.
b. ConforFFlsAee te the BezelflsA sres Iflsster plsn;
e. The impact of the plan on the existing and anticipated traffie aReI pSfl(ing
oonditions;
d. Tho adoQuaoy of the plan with respeet te laAd use;
e. Pedestrian and vehicular ingress and egress, including ham:fioappod seeessibility
f. Architeotural design;
g. Landsoaping;
h. Provisions fer utilitios;
i. Site drainage;
j. Opon space, public land dedications, and view eerrieler preservation
1(. Gfaoing;
I. Confermonoe to tho intont of the planned unit develeJ3ffioAt, Seetion
(18.61.020);
ffi-:- Ggonformance with all applicable objectives and criteria of Section 18.54.100
~fij,]~fii:;i:~m;i:~!i.i::::i'ii::::~ill~:r;':;I~II:;:.~i
n. Other related matters.
4. Planning Board Recommendations. After conducting
i public hearing i~1
~i~i:lii~!~ii:i:::111~i~illl!~i~liItMlii11Iifii~~.Ei:::::..;;il
ll, the planning board shall
recommend the approval, conditional approval,
or denial of the preliminary plan to the
City Commission and shall include in such recommendation
the findings of the board
upon which such recommendation was determined.
If no recommendation is made by
the planning board, a record of the planning board
hearing shall be forwarded to the City
Commission.
5.
Preliminary Plan Approval. The City Commission, after review by the planning
board, and after conducting a public hoaring tllti.,
may approve, disapprove, or
approve with conditions the proposed planned unit
development. Approval of a
preliminary plan shall not guarantee approval
of the final plan; rather it shall be deemed
an expression of approval of the layout, densities,
and proposed impact mitigation
measures submitted on the preliminary plan as
a guide to the preparation of the final
plan.
D. Final Plan Review and Approval.
1.
Application Process. Upon approval or conditional approval of a preliminary plan by
the City Commission, an application for a final plan approval may be submitted.
Howover, fer geeel ealdse shewA and unique oiroumstaAees, or fer propesals
oontaining only ane prinoipal use, the plsFlAiA{I elirector may permit the application
of a final plan te 130 ooneurront with the preliminary plan applieation.
2.
Review Criteria
a. Compliance with Preliminary Plan. For approval
to be granted the final plan
shall be in compliance with the approved preliminary plan. This shall mean that all
conditions imposed by the City Commission as part of its approval of the preliminary
plan have been met and:
i. The final plan does not change the general use or character
of the
development;
ii. The final plan does not increase the number of residential dwelling units by
ipiiqiiii;liii,,~..rli,ilii;:.i11.1II:\"r.Gil,H!!M:::llng
- 33 -
------.--
---
-
"-- ..
iii. The final plan does not decrease the open space
provided on the
preliminary plan by more than five percent.
IV. The final plan does not contain changes that do
not conform to the
objectives and criteria of Section 18.54.100.
3.
Final Plan Approval. The DRC and -9R8lgl:;:'im~~ may approve, disapprove, or
approve with additional conditions, the proposed
planned unit development if it conforms
with the approved preliminary plan in the manner
described above. e."l:lfaiif:ii~Ui::mM:
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
111~::::llli1::;~RI...ml~ planning board i,illl11lmmliB.
ii. Minor changes shall not affect the location and placement of buildings, a
change of uses, the shape and arrangement of lots and blocks, the allocation
of reserved open space, increases in density and/or intensity of the project or,
in general, the overall design or intent of the project.
b. Major Changes
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
preliminary plans.
ii. For planned unit developments, major changes shall be defined as follows:
(A) A change in the character of the development,
(B)
An increase of greater than one 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 by greater than two percent in the approved
open space,
(E) A change in the location and placement of buildings,
(F) An increase in the problems of traffic circulation
and public utilities,
(G) Any change in the development that would normally
cause the project
to be disqualified under the applicable criteria of Section 18.54.100."
Section 48
That Subsection B of Section 18.54.060 of the Bozeman Municipal Code shall be amended
so that Section 18.54.060.B shall read as follows:
18.54.060 PLAN SUBMITTAL REQUIREMENTS
"B. Submittal Requirements for Preliminary Plans.
The following information and data shall
- 34 -
-~ -. ,....-
be submitted for preliminary plan review:
1. Document Requirements. The following information
shall be presented in an eight
and one-half by eleven inch vertically bound document. The document shall be bound
so that it will open and lie flat for reviewing and organized in the following order:
a.
Application forms,
b.
A list of names of all general and limited partners and/or officers and directors
of the corporation involved as either applicants
or owners of the planned unit
development,
c.
Legal description of the site,
d.
A copy of the list of the names and addresses of all owners of record of real
property within four hundred .91iii,j~Uil feet
of the property lines of the parcel of
land for which the planned unit development is
proposed, exclusive of public rights-
of-way. The original list shall be included in
the document. A listing of the names
and addresses typed on stampedWliliiflllfil envelopes
shall be submitted
sapa rately,
e.
A statement of planning objectives, including:
i. Statement of applicable city land use policies and objectives achieved by the
proposed plan and how it furthers the implementation of the Bozeman area
master plan,
ii. Statement of:
(A) Proposed ownership of public and private open space areas; and
(B) Applicant's intentions with regard to future ownership of all or
portions of the planned unit development,
iii. Estimate of number of employees for business, commercial and industrial
uses,
iv. Description of rationale behind the assumptions and choices made by the
applicant,
v. The applicant shall submit as evidence of successful completion of the
applicable community design objectives and criteria of Section 18.54.100,
documentation pursuant to these regulations for each proposed use. The
applicant shall submit written explanation for each of the applicable objectives
or criteria as to how the plan does or does not address the objective or
criterion. The planning director may require, or the applicant may choose to
submit, evidence that is beyond what is required in that section. Any variance
~~il~it::::if::mjt~_bmB.. from the criterion shall be described,
vi. Detailed description of how conflicts between land uses are being avoided
or mitigated,
vii. Statement of design methods to reduce energy consumption, (e.g.
home/business utilities, transportation fuel, waste recycling),
f.
A development schedule indicating the approximate date when construction
of the planned unit development, or stages of
the same, can be expected to begin
and be completed, including the proposed phasing
of construction of public
improvements and recreational and common space
areas.,
g.
Reduced versions of all preliminary plan and supplemental plan maps and
graphic illustrations at eight and one-half by
eleven inches or eleven by seventeen
inches size;
2. Site Plan Requirements. A site plan of the proposed
development drawn at a scale
of one inch equals one hundred feet, sixty feet, fifty feet or forty feet and composed of
one or more sheets with an outer dimension of twenty-four by thirty-six inches, showing
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.. ._~
_.~.,,_.._.- -.-. ...----=;::r'-'~..-.--..-.~_ ,-
- -
the information required for site plans in Section 18.52.030(D) plus the following
additional information:
a. Percentage and square footage of public street
right-of-way,
b. Percentage and square footage of active recreational
use area,
c. Boundary and square footage of each area designated
as active recreational
use,
d. Location and acreage of common open areas and
all public and semi-public land
uses, including public parks, recreation areas, school sites, and similar uses,
e. Location of existing and proposed pedestrian circulation
system, including its
interrelationships with the vehicular circulation system, indicating the proposed
t~,~,~,!,~,~,~t""?,!",,,~~,i~.!.~.....?.!....E~~!!.~.~!.:..........lr.J.;;tl:::I.i.<<.;'.II!!~!:!I\~~~I~I~I.'
b"'t""'nt'r""n"a'U).........U...t.............."".'.......""""'.$tIr....xx....6.I...5i6'....
~~'i;'~~<~I"r,,_~li~~!!i'II[II;lrlllt;i/.,x" ,::::: ...~I,IfiI_::,,~ii~lrl~i~I.~r~:II~
f. The existing and proposed circulation system of
arterial, collector and local
streets, including: i) off-street parking areas; ii) service areas; iii) loading lones; and
iv) major points of access to public rights-of-way, including major points of ingress
and egress to the development. Notations of proposed ownership, public or private,
should be included where appropriate,
g. The proposed treatment of the perimeter of the
planned unit development,
including materials and techniques used, such as screening, fences, walls and other
landscaping,
h. Adjacent Site Information. Area shown on the site
plan shall extend beyond
the property lines of the proposal to include a survey of the area and uses within
two hundred feet of the proposal, exclusive of public right-of-way at the same scale
as the proposal and including the following:
i.
Land uses and location of principal structures,
II.
Densities of residential uses,
iii. Existing trees and major features of landscape,
iv. Topographic contours at two-foot intervals,
unless otherwise permitted by
the planning director,
v. Traffic circulation system,
.. Supplemental Vicinity Map.
Vicinity map of the area surrounding the site
within a distance of at least one mile showing:
i. Zoning districts,
ii. Location of existing municipal boundary lines,
iii. Traffic circulation system,
iv. Major public facilities including schools,
parks, trails, etc.,
J. Certificates for the following information:
i. Attorney's or owner's certification of ownership,
ii.
Planning director certification of approval of the site plan, including a
statement ef SA,., varianoes to IIIIB;iJJtililiU;:iEmlli,Blili-
f?~1 the community design objectives and criteria
of Section 18.54.100.
iii. Owner certification of acceptance of conditions
and restrictions as set forth
on the site plan;
~ 36 -
3. Supplemental Plan Requirements.
a.
Viewsheds.
i. Looking onto and across the site from areas around the site, describe and
map the views and vistas from adjacent properties that may be blocked or
impaired by development of the site,
ii. Describe and map areas of high visibility on the site as seen from adjacent
off-site locations,
b.
Recreation and Trails.
i. Describe and map all existing and proposed trails, parks and recreation areas
within one mile of the site. State the size (in acres) and functions of the parks
and recreation areas identified,
c.
Historic Resource
i. Describe and map any historic structures or historic districts on the site or
within four hundred feet,
d.
Street Cross Sections If Different From City Standards. Street cross section
schematics shall be submitted for each general
category of street, including:
i. The proposed width;
ii. Treatment of curbs and gutters;
iii. Sidewalk systems; and
iv. Bikeway systems
where deviations from ilfimijiY,IIjq the design
criteria and standards of the city
...--..------....---,............. ..
are proposed,
e.
Physiographic data, including the following:
i. A description of soils existing on the site, accompanied by analysis as to the
suitability of such
soils for the intended construction
and proposed
landscaping,
ii. A description of the hydrologic conditions of the site with analysis of water
table fluctuation and a statement of site suitability for intended construction
and proposed landscaping,
iii. Locate and identify the ownership of existing wells or well sites within four
hundred feet of the site,
f.
Drainage Plan. In addition to all drainage and hydrologic information required
in Section 18.52.030(0), a detailed preliminary
drainage report, calculations and/or
plan shall be submitted, including:
i. All drainage ways, streets, arroyos, dry gullies, diversion ditches, spillways,
reservoirs, etc., which may be incorporated into the storm drainage system for
the property shall be designated,
ii. All plans shall indicate the proposed outlet for the storm drainage from the
property, including:
(A) the name of the drainageway (where appropriate),
(B) the downstream conditions (developed, available drainageways, etc.),
and,
(C) any downstream restrictions,
- 37 -
~
g. Temporary Facilities Plan.
A plan of the site showing the location of all
temporary model homes, sales offices and/or construction facilities, including
temporary signs and parking facilities,
h. Preliminary Subdivision Plat.
If the project involves or requires platting, a
preliminary subdivision plat, subject to the requirements of the city's subdivision
ordinance, shall be submitted,
i. Traffic Impact Analysis. At the discretion of
the public service director a traffic
impact analysis shall be prepared based upon the proposed development.
The
analysis shall include provisions of the approved development guidelines, and shall
address impacts upon surrounding land uses.
The public service director may
require the traffic impact analysis to include the following:
i. Land Use and Trip Generation. A table of each
type of land use, the number
of units or square footage, as appropriate, the
trip rates used (daily and peak
hour) and resulting trip generation,
ii. Traffic graphics showing:
(A) AM peak hour site traffic,
(B) PM peak hour site traffic,
(C) AM peak hour total traffic,
(D) PM peak hour total traffic,
(E) Total daily traffic (with site generated traffic
shown separately),
iii. AM and PM Capacity Analysis. An AM and PM
peak hour capacity analysis
shall be provided for: (A) all major drive accesses
that intersect collector or
arterial streets; and (8) all arterial-arterial,
collector~collector, and arterial~
collector intersections within one mile of the
site, or as directed by the director
of public service,
iv. Report format shall be as follows:
(A)
Trip generation, using Institute of Transportation Engineers Trip
Generation Manual,
(B) Trip distribution,
(C) Traffic assignment,
(D) Capacity analysis,
(E) Evaluation,
(F) Recommended access plan, including access
points, modifications and
any mitigation techniques,
v. Additional Analysis Criteria.
(A)
Appropriate clearance intervals shall be provided for each exclusive
movement.
Pedestrian movements must be provided for each cycle and
pedestrian overpasses shall not be at intersections.
Maximum pedestrian
walking speeds shall be four feet per second with
a minimum "WALK" time of
seven seconds. Intersection pavement widths shall
not exceed that required
to provide three through lanes in each direction,
dualleft~turn lanes and right-
turn lanes.
(8) Traffic progression will be of paramount importance.
Consequently,
all potential intersections with signals will
be placed on quarter-mile points
unless otherwise approved by the director of public
service.
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..----
.....-..-
.. -...---- .-.- --. ---.---
- -
(C) Intersection level of service "C" shall be the design objective and under
no conditions will less than level of service "D" be accepted for site operations.
Arterial intersections and turning operations shall operate at level of service
"C". If level of service "E" is the result of the study,
then alternatives of
providing level of service "D" shall be analyzed and included as part of the
study. Generally, the design year will be approximately fifteen years following
construction.
vi. Summary Analysis explaining:
(A) The proposed access points for the project, their
location, and the
rationale for their placement in terms of circulation,
(B) Future off-site road improvements for access, which roads they will be,
the projected time frame for their completion and who is responsible for their
completion,
(C) ADT and level of service changes to all streets,
(D) How traffic impacts to existing streets will be
minimized by the
planned unit development,
(E) Describe bicycle and pedestrian pathways within the development, if
used,
J. Additional Studies and Plans. The planning board
or City Commission may
require additional impact studies or other plans as deemed necessary for providing
thorough consideration of the proposed planned unit development; particularly if the
development's compliance with the community design objectives and criteria is
under question.
4.
Reproducible Copy Requirements. In addition to the above document, the applicant
shall submit the following for review purposes:
a. One full size rolled (not folded) mylar of all plans and renderings;
b. One eight and one-half by eleven inch clear film reduction of all plans and
renderings for reproduction and overhead projector use. "
Section 49
That Subsection C of Section 18.54.060 of the Bozeman Municipal Code shall be amended
so that Section 18.54.060.C shall read as follows:
18.54.060 PLAN SUBMITTAL REQUIREMENTS
"C. Submittal Requirements for Final Plans.
1.
Application form.
2.
A list of names of all general and limited partners and/or officers and directors of the
corporation involved as either applicants or owners
of the planned unit development.
3.
Site Plan Submittal Requirements
a. A final plan site plan shall be submitted on a twenty-four by thirty-six inch
sheet(s) at the same scale as the approved preliminary plan. If a different scale is
requested or required, a copy of the approved preliminary plan shall be submitted
that has been enlarged or reduced to equal the scale of the final plan. However,
only the scales permitted for the preliminary plans shall be permitted for final plans.
b. The final plan site plan shall show the following information:
i. Land use data (same information as required on the preliminary site plan);
ii. Lot lines, easements, public rights-of-way as per subdivision plat;
- 39 -
-.....---.-----
__.. ....._ .__. -=-..____._.__._.___.__.___._._____n.. _._ .___._._._ _.. -
----- _ -.-..--.-..... ---
iii. Attorney's or owner's certification of ownership;
iv. Planning director certification of approval of the site plan and its
conformance with the preliminary plan;
v. Owner's certification of acceptance of conditions and restrictions as set
forth on the site plan.
4. Supplemental Plans.
a.
Final Landscape Plan. A final landscape plan consistent with the conditions
and restrictions of the approved preliminary plan
shall be submitted. It shall also be
consistent with the city Landscape Ordinance,
Chapter 18.50.100 of the Zoning
Ordinance, except that any stated conditions and
restrictions of the preliminary plan
approval shall supersede the Landscape Ordinance.
b.
Final Subdivision Plat. An official final subdivision plat of the site must
accompany the final planned unit development plan.
This plat must conform to the
subdivision requirements of the city, except as
waived by the approved preliminary
plan for the planned unit development.
The subdivision shall contain proper
dedications for public streets, utility easements,
and all other public rights required
by the preliminary plan. Approval by the city
commissieA of the final subdivision
plat shall be required before filing of the subdivision
plat or issuance of building
permits.
c.
Final Utility Plans. Prior to submission of the final plan to the DRC and GR8
111:;;:111;1, final detailed engineering plans
for sewer, water, electrical, street
improvements and other public improvements, and
an executed agreement in proper
form providing for the installation of such improvements,
must be submitted to and
approved by the city.
d.
Open Space Maintenance Plan.
i. Maintenance of Community Open Spaces. The
developer shall submit a
legal instrument setting forth a plan providing for the permanent care and
maintenance of open spaces, recreational areas, communally owned facilities,
and parking lots. The same shall be submitted to the city attorney and shall
not be accepted by the city until approved as to legal form and effect. If the
common open space is deeded to a homeowner's association, the applicant
shall file the proposed documents governing the association. Such documents
shall meet the following requirements:
(A) The homeowners' association must be established
before any
residences are sold;
(8) Membership in the association must be mandatory for each residence
owner;
(C) Open space restrictions must be permanent and not
for a period of
years;
(D) The homeowners' association must be made responsible for liability
insurance, taxes and maintenance of recreational and other facilities;
(E) The association must have the power to levy assessments which can
become a lien on individual premises for the purpose of paying the cost of
operating and maintaining common facilities;
(F) The governing board of any such association shall consist of at least
five members who shall
be owners of property in
the planned unit
development.
ii. Open Space Maintenance Guarantee.
(A) In the event the organization or any successor organization established
to own and maintain common open spaces, recreational areas, communally
owned facilities and private streets, shall at any time fail to maintain the
- 40-
common facilities in reasonable order and condition in accordance with the
approved plan, the City Commission may cause written notice to be served
upon such organization or upon the owners of property in the development
setting forth the manner in which the common facilities have failed to be
maintained in reasonable condition, which notice shall include the demand that
the deficiencies noted be cured within thirty days thereafter and shall state the
date and place of a hearing to be held within fourteen days of the notice. At
the time of hearing, the City Commission may modify the terms of the original
notice as to deficiencies and may extend the time within which the same may
be cured. If the deficiencies set forth in the original notice or modifications are
not cured within the time set, the City Commission in order to preserve the
taxable values of properties within the development and to prevent the
common facilities from becoming a public nuisance, may enter upon such
common facilities and maintain the same for a period of one year. Such entry
and maintenance shall not vest in the public any right to use the common
facilities not dedicated to public use.
Before expiration of such year, the
commission shall, upon its own initiative or upon written request of the
organization theretofore responsible for maintenance, call a public hearing and
give notice of such hearing to the organization responsible for maintenance or
the property owners of the planned unit development. At such hearing, the
organization responsible
for maintenance and/or the
residents of the
development may show cause why maintenance by the city should not be
continued for a succeeding year. If the City Commission determines that it is
not necessary for the city to continue such maintenance, the city shall cease
such maintenance at the time established by the City Commission. Otherwise
the city shall continue maintenance for the next succeeding year subject to a
similar hearing and determination at the end of each year thereafter.
(B) The cost of maintenance by the city shall be a lien
against the common
facilities of the planned unit development and the private properties within the
development. The City Commission shall have the right to make assessments
against properties in the development on the same basis that the organization
responsible for maintenance of the facilities could make such assessments.
Any unpaid assessment shall be a lien against the property responsible for the
same, enforceable the same as a mortgage against such property.
The city
may further foreclose its lien on the common facility by certifying the same to
the county treasurer for collection as in the case of collection of general
property taxes.
III. Guarantee for Open Space Preservation.
Open space shown on the
approved final plan shall not be used for the construction of any structures not
shown on the final plan.
5.
Reproducible Copy Requirements. In addition to the requirements for site plan and
supplemental plan submittal the following shall be submitted for copying and
permanent records:
a. Signed reproducible, full size mylars for all site and landscape plans,
architectural elevations, subdivision plats, utility plans, and any other plans required
by the planning BeaffjgiiW::~:9B.iil.;
b. One eight and one-half by eleven inch clear film reduction of all plans and
renderings. ..
Section 50
That Section 18.54.070 of the Bozeman Municipal Code shall be amended so that such
section shall read as follows:
"18.54.070 DURATION OF PLANNED UNIT DEVELOPMENT
APPROVAL
A. Duration of Preliminary Plan Approval.
1 . Within a maximum of three years following
the approval of a preliminary plan tlf:
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..-----..-..--- --.--
-
shall file with the planning department a final
plan(s) in detailed form covering all or part
of the development.
2.
Upon application and for good cause, the planning director may administratively
extend the period for filing a final plan for
two successive six month periods. The
granting of administrative extensions under this
section may, at the discretion of the
planning director, be referred to the planning
board.
3.
Any additional six-month extensions to the planned unit development shall be
approved, if at all, only by the planning board.
A request for extension of preliminary
approval under this section must be submitted
to the planning director in writing by the
applicant at least thirty days prior to the date
of expiration. Failure to submit a written
request within the specified time period shall
cause forfeiture of the right to extension
of preliminary approval.
4.
If no final plan(s) is filed covering all or any portion of the preliminary plan within the
above time limits, the right to proceed under
the preliminary plan shall expire for any
portion of the preliminary plan for which a final
plan has not been timely filed.
B. Duration of Final Plan Approval.
1.
The applicant must undertake and complete the development of an approved final
plan within two years from the time of final approval.
For the purposes of this section,
a development is substantially complete once all
engineering improvements (water,
sewer, streets, curbs, gutter, street lights,
fire hydrants and storm drainage) are installed
and completed in accordance with city rules and
regulations. Extensions for two
successive periods of six months may be administratively
granted by the planning
director.
The granting of administrative extensions under this section may, at the
discretion of the planning director, be referred
to the planning board.
2.
Any additional six-month extensions to the planned unit development shall be
approved, if at all, only by the planning board.
A request for extension of final approval
under this section must be submitted to the planning
director in writing by the applicant
at least thirty days prior to the date of expiration.
Failure to submit a written request
within the specified time period shall cause forfeiture
of the right to extension of final
approval.
Failure to develop within the specified time limit and
improvement
requirements shall cause a forfeiture of the right
to proceed under the final plan and
require resubmission of all materials and reapproval
of the same i,qBf{iJ.fii;ijtilifiiil,
pJi!f]?!99i9pr!!. "
Section 51
That Subsection A of Section 18.54.080 of the Bozeman Municipal Code shall be amended
so that Section 18.54.080.A shall read as follows:
"18.54.080 PHASING OF PLANNED UNIT DEVELOPMENTS
A. Applications for Phased Planned Unit Developments.
If a planned unit development is
intended to be developed over time in two or more separate phases, application for approval
of a phased planned unit development shall follow procedures established for concept plan
review as outlined in this chapter. After concept plan review is completed, phased PUDs may
be proposed in accordance with one of three procedures:
1.
Application for Simultaneous Approval of All Phases of the PUD.
a. Where all phases of a PUD are planned in detail, an application for approval of
all phases of the PUD may be made in accordance with preliminary plan review and
approval procedures outlined in this chapter. In such cases, preliminary plans and
all required supplemental information shall clearly set forth phased development
boundaries, schedules, and other details pertaining to the phasing of the project.
b. Upon approval of the preliminary plan for all phases of the PUD, each phase of
the development may occur in accordance with the review and approval procedures
for final plans as specified in this chapter.
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._._~
.1 _"'~'~_._'.., _.~,_ _._.. ,_ .'____... ~-,._'-- _,
_~ ........._..7 _ _ . _, .._____'.u.....___.___.. _,... .'-','-'--
2.
Application for Approval of Initial Phase of the PUD, With Subsequent Phases
Master Planned and Subject to Development Guidelines.
Where the applicant wishes to
gain preliminary and final approval for the initial
phase(s) of a PUD, and further wishes
to gain master plan and development guidelines
approval for subsequent phases of the
PUD, preliminary and final plan review and approval
procedures for the initial phase(s)
shall be followed in accordance with this chapter.
A master plan and development
guidelines for the remaining phases of the development
shall be provided for review and
approval as outlined below.
3.
Application for Approval of a Phased PU D Based Only Master Plan and Development
Guidelines.
Applications for approval of a phased PUD without detailed plans for any
phase shall not generally be accepted.
However, under unique circumstances and for
good cause shown, the planning beafd.1.~1_ may
determine that an application for
approval of a master plan and development guidelines
for a phased PUD may be
submitted without a preliminary plan for any phase.
When such a determination has
been made, application for approval of a master
plan and development guidelines may be
made in accordance with phased PUD approval procedures
as set forth below. n
Section 52
That Subsection C of Section 18.54.080 of the Bozeman Municipal Code shall be amended
so that Section 18.54.080.C shall read as follows:
18.54.080 PHASING OF PLANNED UNIT DEVELOPMENTS.
"C. Phased PUD Review Criteria.
1.
In general, the review criteria for phased PUDs shall be the same as that for PUDs
as set forth in Sections 18.54.050(B)(3) and 18.54.050(C)(2)
of this code.
2.
In those cases where master plans and development guidelines are proposed to
govern the development of future phases of the
PUD, the City Commission must
determine that the proposed master plan and development
guidelines are provided in
sufficient detail to support a finding that the
phased PUD will comply with all
requirements for PU D approval if developed in
accordance with the approved master plan
and development guidelines.
3.
DRB l:i:IQli;iIIlBmIlIIiE~ and DRC review and approval of preliminary and
final plans for those phases of a PUD which have
an approved master plan and
development guidelines shall assure compliance
and consistency with said master plan
and development guidelines.
4.
Should DRC eR6 sf. DRB iiilgl:::~tIl~ii[iiji:illf:iili~ determine that proposals to
develop subsequent phases of a PUD are not in
compliance with the approved master
plan and development guidelines, the determination
may be appealed to the City
Commission subject to the provisions of Chapter
18.58 of this code."
Section 53
That Section 18.54.090 of the Bozeman Municipal Code shall be amended so that such
section shall read as follows:
"18.54.090 ENFORCEMENT OF APPROVAL REQUIREMENTS AND CONDITIONS
The occurrence of either of the following events may subject the applicant to the enforcement
remedies contained in Chapter 18.70 of the oity Zoning Orsinanee itiJi.::::iiR:
....................................................
A. Failure to comply with any terms, conditions,
or limitations contained on the site plan,
landscape plan, building elevations or other approved documents pertaining to a planned unit
development which has received final approval from the city.
B. Failure to comply with any conditions on record imposed by the planning beefs @.
.."fiil!i~_7f!;:;~~~nf~;t!:~~~~
- 43 -
- -
the provisions of this Planned Unit Development Ordinance, Chapter 18.54 of the Zoning
Ordinance i~il.~;;;;~i;l~'."
Section 54
That Subsection B of Section 18.54.100 of the Bozeman Municipal Code shall be amended
so that Section 18.54.100.B shall read as follows:
18.54.1 00 PLANNED UNIT DEVELOPMENT DESIGN OBJECTIVES AND CRITERIA
"B. Land Use Classifications
1.
The design objectives and criteria with which a planned unit development proposal
must comply are dependent upon the designated
land use classification of the site
proposed for the planned unit development.
2.
Subsection E of this section contains .fwe tilt groups of objectives and criteria
against which planned unit developments are reviewed.
All planned unit developments
are reviewed against the objectives and criteria
designated for all development. Each
individual planned unit development is then reviewed
against the objectives and criteria
established for the land use classification~il
of the site on which the proposal is to be
located. A planned unit development must satisfy
all the objectives and criteria of betA-
iU::::~n~Q!:!mmi: groups. In evaluating planned
unit developments the city may determine
that certain criteria are not applicable or are
irrelevant to a particular development
proposal and therefore do not apply to that proposal."
Section 56
That Subsection A of Section 18.56.030 of the Bozeman Municipal Code shall be amended
so that Section 18.56.030.A shall read as follows:
"18.56.030 POWERS AND DUTIES DESIGNATED -- VOTE
A. The board shall set its operating rules in accordance
with MCA Section 76-2-323, +984-
and shall have the following powers, except that in no event shall the board have the power
to decide plan appeals provided for under Chapter 18.58, and further provided that the City
Commission reserves to itself and its advisory agencies, the power to make any other
exceptions, variations or deviations to regulations, ordinances or land use plans adopted
pursuant to statute:
1.
To hear and decide appeals where it is alleged there is error in any order,
requirement, decision, or determination made by
an administrative official in the
enforcement of this title or of any title adopted
pursuant thereto. Ifii.liR::~~m_f.iijjRl
II
2.
To authorize, in specific cases, such variance from the terms of this title as will not
be contrary to the public interest, where owing
to special conditions, a literal
enforcement of the provisions will result in unnecessary
hardship, and so that the spirit
of this title shall be observed and substantial
justice done."
Section 56
That Subsection B of Section 18.56.030 of the Bozeman Municipal Code shall be amended
so that Section 18.56.030.B shall read as follows:
18.56.030 POWERS AND DUTIES DESIGNATED - VOTE
"B. 1.
More specifically, the board may, after public notice and hearing, deny, approve, or
conditionally approve requests due to hardship
for a variance to:
- 44 -
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-
a.
Modify the following dimensional requirements of this title:
i. Setbacks,
ii. Height,
iii. Lot area and width,
iv. Lot coverage,
b.
Modify flood hazard district requirements subject to the provisions of Chapter
1 8.44;
2. All other requested variances shall be heard by
the City Commission. In addition,
all proposals for: a) deviations in neighborhood conservation overlay district; b) eontaiAiAg
multiple varisnoe3 in bi: entry way overlay districts; e} OJ proposals containing multiple
variances; and EH- P'''' p';'oposals for variances in conjunctIon with conditional use permit
applications shall be heard by the City Commission.
3. However, in no case may the board or the City
Commission grant variances to allow
uses not already permitted pursuant to this title."
Section 57
That Section 18.56.090 of the Bozeman Municipal Code shall be amended so that such
section shall read as follows:
"18. 56.090 EFFECTIVE TIME FOR BOARD OR COMMISSION DECISION--V ARIANCES VOID WHEN
The decision of the board of adjustment or City Commission shall be final except as provided
in Section 18.66.080 \1;1;;::1:1;111 and if a building permit or land use permit is not obtained for the
subject property within six months from the date of the board or commission's decision, the
variance shall be automatically cancelled and become null and void."
Section 58
That Section 18.58.010 of the Bozeman Municipal Code shall be amended so that such
section shall read as follows:
"18.58.010 DEFINITIONS
The following words, terms and phrases, when used in this chapter, shall have the following
meanings:
"Aggrieved Person" !Min means a person who has a specific, personal, and legal interest in
'.:.:.;.:.:.:.:.:.:.:.:.:
the final decision of an agency, board, or commission, as distinguished from a general interest such
as is the concern of all members of the community, and which interest would be specifically and
personally prejudiced by the decision or benefitted by its reversal.
"Appellant" ImlU means an aggrieved person who has taken an appeal from an agency, board
or commission to another body designated herein by the filing of a notice of appeal.
"Applicant" iil~~ means the person who or organization which submitted the application to
the agency, board or commission whose decision has been appealed.
"Final Decision" iRin means the final action of an agency, board or commission by vote of a
.:.:.:.:.:.:.:.:-:.:.:.;.
- 45--
.. .-.. ---.-- -..- ~
----..-.
majorit'( of ita mombers when no further action is available before such agency, board or
commission. "
Section 59
That Section 18.58.020 of the Bozeman Municipal Code shall be amended so that such
section shall read as follows:
"18.58.020 APPLICATION OF APPEAL PROCEDURES
Appeals from agencies, boards and commissions to other agencies, boards and commissions
of city government or the courts are set forth in the various sections of this title. Said appeals are
permitted under the provisions of this section in the manner set forth herein.
A. Boards and Agencies. These appeal procedures shall
apply to the decisions brought forth
by the following:
1.
Development review committee (DRC);
2.
City-County planning board (PB);
3.
Design review board (DRB);
1~:i:::::i:i:i:::::iiIM~!~ltlyi;:::iii~IiJ:rlgi!,~:;:::liD::::~
III,~:*
B. Order of Appeals.
Appeals from any board or agency shall follow the following order:
1.
DRC to City Commission;
2.
DRB to City Commission;
1~:::::::::::::::::llm to City Commission~;":9p991:~iiilir.lm(;
lg::"~limig~1::ii;:li::::mil;
61~, PB to City Commission."
Section 60
That Section 18.58.050 of the Bozeman Municipal Code shall be amended so that such
section shall read as follows:
"18.58.050 NOTICE OF APPEAL
Notification of appeal procedures shall be included in the initial posting and notice of the
proposal'~i:::ii~fl~gi~:;:!fiil::ii:::~i~ltJfBliij]I!I:::ii.lil[I;:11111J1:::lllill::::1:1UII. Once notice of
intent to ~':,~QWmi~ji.1. appeal has been filed, the property in question will be fePosted and notice
...........--.-----.-.............. .
of the appeal hearing provided to the Bozeman Chronicle."
Section 61
That Section 18.58.090 of the Bozeman Municipal Code shall be amended so that such
section shall read as follows:
"18.58.090 ALTERNATIVE ACTIONS AVAILABLE TO THE APPELLATE BODY
The appellate body shall consider an appeal based upon the record on appeal and relevant
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~. ".~.- '.-
-
provisions of the title. Only evidence relevant to the grounds for the appeal shall be heard. At the
conclusion of such hearing, the appellate body shall uphold, overturn or modify the decision of the
agency or boa rd. iU~ii!\i):ll"I;iitirii!ifl",i.Jj!:!~1~ltil;lJi~..:i!iB::li.~~:~[~i!r_i911;i}1Ii
liti~mt,tmiAi.:migi':::IM:il~i:::ii.i~:rlIiMlii~I::::!i~:iliiiliilini:::9:JjI!I&ldlili~:.IIi~::lli'-
iliiii:ii::J~99itifl:,:pi:f,fiJ~iM~~i~fiif"
Section 62
That Section 18.62.020 of the Bozeman Municipal Code shall be amended so that such
section shall read as follows:
"18.62.020 PLANNING DIRECTOR AND BUILDING OFFICIAL--PLAN APPLICATION CHECKING--
NOTICE OF NON-COMPLIANCE
A. It is the intent of this title that the planning
director and building official shall check all
plans and applications for permits for compliance with this title both before and during
construction.
B. If, during this procedure, the planning director
and/or the building official deems that the
proposed plan or construction does not comply with this title, he shall inform the applicant of
the infraction and shall stop all construction on the project until such time as the applicant,
builder or principal revises his plan to conform to this title _I/or obtains a varianoe,
iii;iii{i~:~ :::7~~~rinz~~: ~~I:~.~e, II!m,I[tlitl.lflrlil~ff:!;!l1itliijli.t1li.~
Section 63
That Subsection D of Section 18.62.090 of the Bozeman Municipal Code shall be amended
so that Section 18.62.090.D shall read as follows:
18.62.090 BUILDING PERMITS AND INSTAllATION OF IMPROVEMENTS
"D. No building permit shall be issued for any building
or use for which site plan or sketch
plan approval is required unless such approval has been obtained. Except as provided for in
subsection E, below, no occupancy shall be permitted or certificate of occupancy issued
unless the terms and details of an approved site or sketch plan are met. The DRC and/or GR8
ImA or their representative shall conduct an "as-built" inspection to verify compliance and
.:.:.:.:-:.:.:.:.:.:.:.:
shall sign off on a certificate of occupancy if all terms and details of the approval are complied
with."
Section 64
That Subsection F of Section 18.62.090 of the Bozeman Municipal Code shall be amended
so that Section 18.62.090.F shall read as follows:
18.62.090 BUILDING PERMITS AND INSTALLATION OF IMPROVEMENTS
"F. In those instances where occupancy is to occur
before the installation of all required
improvements, the DRC and/or GR8 ~:gB shall determine which, if any, of the required
improvements must be installed prior to occupancy. Such determinations shall be based on
a finding that unsafe or hazardous conditions will be created or perpetuated without the
installation of certain improvements or that the property will have an unacceptable adverse
impact on adjoining properties until such improvements are installed."
Section 65
That Subsection D of Section 18.65.010 of the Bozeman Municipal Code shall be amended
so that Section 18.65.010.D shall read as follows:
- 47 -
18.65.010 INTENT AND PURPOSES
"D. The City Commission further recognizes that
it is in the best interest of the community
to implement the provisions of this chapter in a manner that is most expeditious and least
costly and disruptive to businesses and organizations that may be affected
by its
requirements. To accommodate this objective, Sections 18.42.080 and 18.43.080 establish
certain exemptions and alternative procedures utilizing design review by the design review
board (DRB) 9~r~~~~il~llltmi/f;l.ilmMf!11::!I&fi::!II:. The deliberations and decisions of
the DRBir,::lli shall be directed to accomplish the intent and purpose of this section."
Section 66
That Section 18.65.030 of the Bozeman Municipal Code shall be amended so that such
section shall read as follows:
"18.65.030 DEFINITIONS AND INTERPRETATION
Words and phrases used in this chapter shall have the meanings set forth in this section.
Words and phrases not defined in this section but defined in the ZeRiAg OrdiRsnee of tt:!e eity aReI
its extraterritorial zoning jurisdietion liiitiilj shall be given the meanings set forth in suet:! title
......--.------.........
rni:riM'. Principles for computing sign area and sign height are contained in Section 18.65.040. All
other words and phrases shall be given their common, ordinary meaning, unless the context clearly
requires otherwise. Section headings or captions are for reference purposes only and shall not be
used in the interpretation of this chapter.
"Abandoned sign" means a sign is abandoned when it pertains to a time or event which no
longer exists or when the purpose for which the permit for the sign was approved has been fulfilled
or no longer exists.
"Animated sign" means any sign that uses movement or change of lighting to depict action
or create a special effect or scene.
"Awning" means a roof-like structure,
which is generally composed of a skeletal frame,
covered in a fabric or other skin-type material, and typically open on the bottom side, which
projects beyond a building or extending along and projecting beyond the wall of the building,
generally designed and constructed to provide protection from the weather.
"Awning sign" means a sign which is attached to in any manner, or made part of, an awning
including any copy, graphic imagery, or any part of an awning that is either internally or externally
illuminated.
"Banner" means any sign of lightweight fabric or similar material that is mounted to a pole or
a building by a permanent frame at one or more edges. National flags, state or municipal flags, or
the official flag of any institution or business shall not be considered banners.
"Beacon" means any light with one or more beams directed into the atmosphere or directed
at one or more points not on the same zone lot as the light source; also, any light with one or more
beams that rotate or move.
"Building frontage" means the maximum
dimension of the building front measured on a
straight line parallel to the street.
"Building marker" means any sign indicating the name of a building and date and incidental
information about its construction, which sign is cut into a masonry surface or made of bronze or
other permanent material.
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--....--. ---...-...
- - 0._ ...uo
"Building sign" means any sign attached to any
part of a building, as contrasted to a
freestanding sign.
"Canopy" means any open, permanent roof-like accessory structure which is not attached or
part of a princpal building, generally designed and constructed to provide protection from the
weather.
"Canopy sign" means any sign that is a part of or attached to a canopy.
"Changeable copy sign" means a sign
or portion thereof with characters, letters, or
illustrations that can be changed or rearranged without altering the face or the surface of the sign.
A sign on which the message changes more than eight times per day shall be considered an
animated sign and not a changeable copy sign for purposes of this ordinance. A sign on which the
only copy that changes is an electronic or mechanical indication of time or temperature shall be
considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes
of this ordinance.
"Commercial message" means any sign wording, logo, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business, product, service, or other
commercial activity.
"Common signage plan" means a plan which contains specific standards for consistency, size,
placement, design characteristics, compliance with any applicable overlay district standards, and
any other standards required by this Ordinance, for all signs on a zone lot.
..
"Director" means the Planning Director of the city and its Extraterritorial Zoning Jurisdiction
or his or her designee.
"Flag" means any fabric, banner, or bunting containing
distinctive colors, patterns, or
symbols, used as a symbol of a government, political subdivision, or other entity.
"Freestanding sign" means any sign supported by structures or supports that are placed on,
or anchored in, the ground and that are independent from any building or other structure.
"Incidental sign" means a sign, generally informational, that has a purpose secondary to the
use of the zone lot on which it is located, such as "no parking," "entrance," "loading only,"
"telephone," and other similar directives. No sign with a commercial message which is designed
with the intent to be legible from a position off the zone lot on which the sign is located shall be
considered incidental.
"Interchange sign" means a sign containing advertising copy and/or the name of the business
or use which is expressly intended to attract business from those traveling on the U.S. Interstate
system within the established interchange zones.
"Interchange zone" means districts created for the purpose of allowing larger and/or additional
signage for the areas adjacent to the 1-90 interchanges at East Main Street, North 7th Avenue, and
North 19th Avenue which are located within the Entryway Overlay District, B-2 District, and within
1 ,000 feet of an off ramp.
"Lot" means any piece or parcel of land or a portion of a subdivision, the boundaries of which
have been established by some legal instrument of record, that is recognized and intended as a unit
for the purpose of transfer of ownership.
"Low profile sign" means a freestanding sign composed of a solid structure between finished
grade and the top of the sign. Also known as a monument sign.
"Marquee" means any permanent roofwlike structure projecting beyond a building or extending
along and projecting beyond the wall of the building, generally, designed and constructed to provide
protection from the weather. A marquee is attached to, or otherwise part of a principal structure.
"Marquee sign" means any sign attached to, in any manner, or made part of a marquee.
w 49 -
. .-..-.--
-- - --..- ------- ...~ --. -
-~ --
"Master sign age plan" means a plan which contains specific standards for consistency, size,
placement, design characteristics, compliance with any applicable overlay district standards, and
any other standards required by this Ordinance, for all signs on two or more contiguous zone lots
or a single zone lot with two or more principal buildings.
"Nonconforming sign" means
any sign that does not conform to the requirements of this
ordinance.
"Pennant" means any lightweight plastic, fabric, or other material, whether or not containing
a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move
in the wind.
"Permit for signs" means a building
permit for the erection of a sign issued by the City
Building Department.
"Person" means any association, company,
corporation, firm, organization, or partnership,
singular or plural, of any kind.
"Pole sign" means a freestanding sign which is supported by a column(s) or other structural
member(s) that is permanently attached to the ground or a ground-mounted structure and provides
a minimum of 9 feet of visible, vertical clearance between the sign and finished grade.
"Portable sign" means any sign not permanently attached to the ground or other permanent
structure, or a sign designed to be transported, including, but not limited to, signs designed to be
transported by means of wheels; signs converted to A- or T-frames; balloons used as signs;
umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from
the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the
business.
"Principal building" means the building in which is conducted the principal use of the zone lot
on which it is located. Zone lots with multiple principal uses may have multiple principal buildings,
but storage buildings, garages, and other clearly accessory uses shall not be considered principal
buildings.
"Projecting sign" means any sign
affixed to a building or wall in such a manner that it's
leading edge extends more than six inches beyond the surface of such building or wall and is
perpendicular to such building or wall.
"Residential sign" means any sign located in a district zoned for residential uses that contains
no commercial massage except advertising for goods or services legally offered on the premises
where the sign is located, if offering such service at such location conforms with all requirements
of the zoning ordinance.
"Roof sign" means any sign erected and constructed wholly on and over the roof of a building,
supported by the roof structure, and extending vertically above any portion of the roof.
Roof Sign, Integral. "Integral roof sign" means any sign erected or constructed as an integral
or essentially integral part of a normal roof structure of any design, such that no part of the sign
extends vertically above the highest portion of the roof and such that no part of the sign is
separated from the rest of the roof by a space of more than six inches.
"Setback" means the distance from the property
line to the nearest part of the applicable
building, structure, or sign, measured perpendicularly to the property line.
"Sidewalk sign" means a temporary and moveable sign placed on the sidewalk. Maximum
6 square feet.
"Sign" means any device, fixture, placard, or structure
that uses any color, form, graphic,
illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of
a person or entity, or to communicate information of any kind to the public.
"Sign area" means the area of a sign face computed by means of the smallest square, circle,
rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing,
representation, emblem, or other display, together with any material or color forming an integral
part of the background of the display or used to differentiate the sign from the backdrop or
structure against which it is placed, but not including any supporting framework, bracing, or
- 50 -
.... --....--
-- '.~_.-...' - --..- ---~..
~.. ._-'--'~.'-- . ~~.
. - - -~-_.-._-~_._.-
backdrop which is clearly incidental to the display and does not contain any commercial and/or
phoenetic message. Any required street number address is not considered to be sign area.
"Sign face" means any plane on which a sign is placed or situated.
"Street" means a strip of land or way subject to vehicular traffic (as well as pedestrian traffic)
that provides direct or indirect access to property, including, but not limited to, avenues,
boulevards, courts, drives, highways, lanes, places, roads, or other thoroughfares, but not including
alleys or driveways.
"Street frontage" means the distance for which a lot line of a zone lot adjoins a public street,
from one lot line intersecting said street to the furthest distant lot line intersecting the same street.
"Subdivision identification sign" means a low profile sign, that is located in common open
space of a subdivision which has more than five lots, which identifies the subdivision. Such sign
shall be exempt from the maximum size requirements per zone lot of Table 18.65.050.8.
"Suspended sign" means a sign that is suspended from the underside of a horizontal plane
surface and is supported by such surface.
"Temporary sign" means any sign that is
used only temporarily and is not permanently
mounted.
"Wall sign" means any sign attached parallel to, but within six inches of, a wall, painted on
the wall surface of, or erected and confined within the limits of an outside wall of any building or
structure, which is supported by such wall or building, and which displays only one sign surface.
"Window sign" means any sign, pictures, symbol,
or combination thereof, designed to
communicate information about an activity, business, commodity, event, sale, or service, that is
placed inside a window or upon the window panes or glass and is visible from the exterior of the
window.
"Zone lot" means a parcel of land or contiguous parcels of land held in single ownership that
is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can
provide such yards and other open spaces as required by the zoning regulations."
Section 67
That Subsection E of Section 18.65.040 of the Bozeman Municipal Code shall be amended
so that Section 18.65.040.E shall read as follows:
18.65.040 COMPUTA TIONS
"E. Computation of Maximum Total Permitted Sign
Area per Tenant Space in a Multi-Tenant
Commercial Building or Complex. The maximum permitted sign area allowed for each tenant
space in a multi-tenant commercial building shall be the percentage of the total floor area on
the zone lot that the tenant occupies multiplied by the area allowed byalmn 18.65.040.D.,
Computation of Maximum Total Permitted Sign Area for Zone Lot. If the zone lot for a multi-
tenant commercial building or complex has more than one building frontage, the individual
tenant space may derive sign area only from the frontage or frontages which the space faces.
Multi-tenant buildings or complexes shall be allowed a low profile sign that identifies the
complex, which otherwise conforms to this title, in addition to the maximum total permitted
Section 68
That Table 18.65.050.B of the Bozeman Municipal Code shall be amended so that such table
shall read as follows:
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" 18.65.050 SIGNS ALLOWED ON PRIVATE
PROPERTY WITH AND WITHOUT PERMITS
TABLE 18.85.050.B. MAXIMUM TOTAL SIGN AREA PER ZONE LOT BY ZONING DISTRICT"
AS R RM
RH R-O
B-1 B-2 B.3 M
BP PLI HMlP NCd EO"
The maximum total area of all signs on a zone lot except incidental, building marker, and identtfication signs, and
jlag.f shall not exceed the lesser of the following:
Maximum Number of
Total Square Feet" 16
2 32
32 32 80
400 250 250
250 64 64 b. b.
Percentage of
Ground Floor Area of
Principal Building
NA NA
NA NA NA
2% 5% 2%
2% 2% 2% 2% b.b.
Square Feet of Signage
Per Linear Foot of
Bui lding
NA NA .5
.5 .5 1.0
1.5 1.5 NA
1.5 1.0 1.0 b. b.
Frontage
a. Exceptions To Specific Conformity
Nothing herein shall be construed as requiring
the removal of existing off-premise signs (billboards) located within
the jurisdiction of the Montana Outdoor Advertising
Act, the Federal Highway Beautification Act, and the city of
Bozeman, as long as said off-premise signs are
in compliance with said acts and other applicable federal, state, and
local regulations.
Other exceptions to the area limitations of
this table may be granted solely by the City COIIII1ission under the
following circumstances:
1.
Notwithstanding the general and specific provisions of this chapter, certain nonconforming signs that are
deemed to be a ~sitive contributin~ element to the Bozeman area's developmental character may be retained
and preserved~'@~jf:tmt'fR;!j_n_i\"'. For the purpose of making these determinations, the DRB's
authority shalCfndUdii""t:he"entTre"iOiilng 'j'ur'lscHctional area and include all si~ns irres~ctive of their age
or lack of relationship with historic landmarks or districts. Such ~",rMiRltiIR ~:~~it.ih1 shall be made
by the DRB in the same manner as provided for in the issuance of a "certificate"--of--approp'r'lateness" as set
forth in Chapter 18.42 of this title. In addition, the proposed sign shall correspond
to the following
questions in the affirmative:
A. Is the sign unique because there are few, or no others similar to it in the in the community due to
exemplary graphic, sculptural, or architectural design?
B. The sign was not mass designed or produced?
C. Is the sign, regardless of age, easily identified with a specific historical and/or cultural era (such
as deco, auto-oriented commercialism of post-war era, etc.), or integrally identified with an historically
or culturally important building?
D. Does the sign exhibit a unique character which substantially contributes to, rather than dominates, the
district or area in which it is located as may neon, turn-of-the-century painted brick, or "pop culture"
sculptural elements?
2.
Within the Bozeman area entryway overlay district, signage may exceed the limitations imposed by this Table
by up to 20% upon review and approval by the City COIIII1ission, upon the recOll'lllenclation of the ._Jiti
design review 8e&N iidiiH6: and upon receipt of a certificate of appropriateness. -.-...-....,."..................<-.
.,...,.,.",.....,.,.....,':..',.......
i. Signage in conjunction with landscaping, architectural character, scenic views, parking, access,
utilities, lighting, pedestrian and bicyclist safety, will be evaluated against the entryway overlay
district design objective plans.
ii. The owner/sign user shall have the burden of satisfactorily showing the proposal meets either the
specific provisions of this chapter or the design objective plans of the plan encompassing the
property's location.
i ii. Interchange signage, where permitted by design objective plans, may exceed maximum totals permitted
by this table by 25 percent subject to Section 18.65.040.D.
b.
The underlying zoning district shall represent the maximum total sign area per zone lot, however, this total
may be reduced by the appropriate aElMiAistl'BtivB ~\U~M}authority to maintain or enhance the character
of the neighborhood in which the zoning lot is locatci[" .....,,,.....
c.
Flags of the United States, the state, the city, foreign nations and any other flag adopted or sanctioned by
a political jurisdiction, shall be flown in accordance with protocol established by the Congress of the
United States for the Stars and Stripes. Any flag not flown in accordance with such protocol shall be
considered a banner sign and shall be subject to regulation as such.
d.
Within this district all s i gnage
is subject to DU !ii1ij revi ew and
issuance of a certificate of
appropriateness.
e.
For everyone square foot of sign constructed there shall be a minimum of four square feet of landscaping
required in excess of minimum required by landscapi~ ordinance. Trees or alternative exterior amenities may
be substituted subject to the review of the iii,iiMig-iOlesign Rfeview aeaF8 _itift and the issuance of
a certificate of appropriateness, regardless of the location."
Section 69
That Table 18.65.050.C of the Bozeman Municipal
Code shall be amended so that such table
shall read as follows:
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" 18.65.050 SIGNS ALLOWED ON PRIVATE PROPERTY
WITH AND WITHOUT PERMITS
TABLE 18.66.060.C. NUMBER, DIMENSIONS, AND lOCATION
OF INDIVIDUAL SIGNS BY ZONING DISTRICT'
Sign Type AS
R RM RH
R-O B-1 B-2
B-3 M BP PLI
HMUh NCh EO'
Individual signs shall not exceed the applicable maximum number dimensions or setbacks shown on this table, Table
I8.65.050.D, and Table 18. 65.050.E.
Freestandingl
Number Permitted
Per Zone Lotd
N/A N/A 1
1 1 1
1 1 1 1 1
1 g. g.
Low Profi le:
Max. Area (sq. ft.) N/A
N/A 12 12
12 28 28
28 28 28 28
28 .Il.:. .Il.:.
Max. Height (feet) N/A
N/A 5 5
5 5 5
5 5 5 5
'5 .Il.:. .Il.:.
Minimun Setback N/A
N/A 5 5
5 5 5
5 5 5 5
~ .Il.:. .Il.:.
(l i near ft.)oo
Pole Style:
Max. Area at Min. N/A
N/A N/A N/A
N/A N/A
28 N/A 28 28
28 28 g. g.
Setback (sq. ft.)b
Max. Height at Min.
Setback (feet)b N/A
N/A N/A N/A
N/A N/A
13 N/A 13 13
13 13 g. g.
Minimun Vertical
Clearance (feet) N/A
N/A N/A N/A
N/A N/A
9 N/A 9 9
9 9 g. g.
Minimun Setback
(l inear ft.)" N/A
N/A N/A N/A
N/A N/A
15 N/A 15 15
15 15 g. g.
Bui lding
Area (max. sq. ft.) 16
2 20 20
20 N/A N/A
N/A N/A N/A N/A
N/A g. g.
~all Area (percent)' NA
NA NA
NA NA 10X
15X 10X 15X 10X
5X 5X g. g.
a. Exceptions to specific conformity
"Exceptions to speci fic conformi ty" shall
be allowed as per the procedures and cri teria stated in Table 18.65 .050.B.,
footnote a.
b. Pole style signs shall not exceed a total area
of 28 square feet nor 13 feet in height, provided, however, that for every
two feet said sign is set back from fifteen
feet beyond the street right-of-way, the height may be increased one foot,
not to exceed a total of twenty eight feet,
and the area may be increased by one square foot for everyone foot that said
sign is set back fifteen feet beyond the street
right-of-way up to a maximum of ninety six square feet.
c. In addition to the setback requirements on this
table, signs shall be located such that there is at every street
intersection a clear view between heights of
3 feet and 10 feet in the street vision triangle as described in Section
18.50.080 of the 80zeman zoning ordinance.
d. One freestanding sign is permitted per zone
lot subject to district restrictions.
e. The maximun setback allowed for freestanding
signs, with the exception of Interchange Zones, is the front building line.
f. The percentage figure here shall mean the percentage
of the area of the wall of which such sign is a part.
g. This figure shall be in conformance with the
underlying zoning district.
h. All signage is subject to ORa ~j~ review and
issuance of a certificate of appropriateness.
i. All freestanding signs which are set back less
than twenty five feet, with the exception of Interchange Zones, must
display the street number address in figures
which are at least six inches high. The street number address figures must
be at least one foot high (with exception of
interchange zones) if the sign is set back between 25 feet and 50 feet from
the street right-of-way.
The street number address is not required if the sign is set back more than 50 feet from the
street right-of-way."
Section 70
That Subsection A of Section 18.65.080 of the
Bozeman Municipal Code, be amended so
that Section 18.65.080.A shall read as follows:
" 18.65.080 MASTER OR COMMON SIGNAGE PLAN
No permit shall be issued for an individual
sign requiring a permit unless and until a master
signage pan or a common signage plan for the zone lot on which the sign will be erected has been
submitted to the director and approved by the iii~!i aiesign Rfeview 8eaf6. ilil1iiY as
conforming with this section.
A. Master Signage Plan. For any zone lot on
which the owner proposes to erect iilimll
one or mora signs requiring a permit, unless
such zone lot is included in a common signage
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. .-- -.----
-.-..-- .--.- ..__._.~--"_.. - -'.- -... ~ -.-.
- -
--
pian, the owner shall submit to the director
a master signage plan containing the following:
1. A scaled plot plan of the zone lot, at such scale as the director may reasonably
require (minimum one inch to twenty feet typical);
2. Location of buildings, parking lots, sidewalks, driveways, water retention, and
snow storage areas on such zone lot;
3. Landscape plan as per Chapter 18.52 of this title;
4. Computation of the maximum total sign area, the maximum area for individual
signs, !nl:::~~~~illli.!;.i~~:;iagl:]f:::iilllgl~ the height of signs and the number of
freestanding signs allowed on the zone lot(s) included in the plan under this title; 8ft6
5. An accurate indication on the plot plan and landscape plan of the proposed
location of each present and future sign, its height and area, of any type, whether
requiring a permit or not, except that incidental signs need not be shown; ill.
6. Specific standards for consistency and compliance with any applicable overlay
district standards among all signs on the zone lots affected by the Plan with regard to:
a. Lettering or graphic style;
b. Lighting;
c. Location of each sign on the buildings;
d. Material; 8ft6
e. Sign proportionsi'9ifil
.t:.z.;.....:...:-:-....:
fllilll.III,III.11"llliII1111111...nl.
Section 71
That Subsection F of Section 18.65.080 of the
Bozeman Municipal Code, be amended so that
Section 18.65.080.F shall read as follows:
18.65.080 MASTER OR COMMON SIGNAGE PLAN
"F.
Procedures. A master or common signage plan shall be included in any development
plan, site plan, planned unit development plan,
or other official plan required by the city for
the proposed development and shall be processed
simultaneously with such other plan. If no
other plan is proposed, a master or common signage
plan shall be processed as per the
procedures and criteria for certificates of
appropriateness outlined in Chapter 18.42, with the
exception being that locations within the entryway
overlay district shall be reviewed for
compliance with the entryway corridor design
objectives plan. An individual sign proposal
that is in conformance with an approved master
or common signage plan shall be subject to
sketch plan review as per Chapter 18.52, but
shall not be subject to further Mail review
by the dcsign reviow board II. "
Section 72
Repealer.
All resolutions, ordinances and sections of
the Bozeman Municipal Code and parts thereof in
conflict herewith are hereby repealed.
Section 73
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.
- 54 -
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. .. ...--
_".J '-=.:..-
---.
Section 74
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 76
Effective Date.
This ordinance shall be in full force and effect on Ootoeer 1, 1996 thirty days aher final
adoption.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a
regular session thereof held on the 7th day of August 1995.
JOHN VINCENT, Mayor
ATTEST:
ROBIN 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 September 1995.
~
ATTEST:
~/~~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
- 55 -
.-. -.---------
-----~._---
State of Montana )
County of Gallatin )
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do hereby
certify that the foregoing Ordinance No. 1406 was published by title and number in the Bozeman
Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue
dated the 8th day of September 1995, and due proof of such publication is on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office.
ROBIN L. SULLIVAN
Clerk of the Commission
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n____.._____ ------