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HomeMy WebLinkAboutOrdinance 93- 1359, Adds and Amends Section 18 .....~ /' . .. , ORDINANCE NO. 1359 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1332 AND ORDINANCE NO. 1341 WHICH SAID ORDINANCES ARE NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTIONS 18.04.010; 18.06.040C; 18.06.060; 18.08.020; 18.10.010; 18.10.020B; 18.10.030D; 18.10.060; 18.12.010; 18.12.030; 18.12.060; 18.14.060; 18.16.060; 18.17.060; 18.18.020B; 18.18.060; 18.20.020B; 18.20.060; 18.24.020; 18.24.060; 18.26.020B; 18.26.060; 18.28.060; 18.30.060; 18.38.060; 18.41.050; 18.42.020; 18.42.030C; 18.42.050; 18.42.060C; 18.43.040C; 18.43.050; 18.43.060F; 18.43.080; 18.50.020C8; 18.50.035C; 18.50.070A; 18.50.120F1; 18.50.120F3; 18.50.1601; 18.52.050; FORMS 2, 3 AND 4 OF 18.54.100E; 18.56.030; 18.58.010; 18.58.080; 18.62.090A; AND 18.70.020 OF SAID CODE, PROVIDING FOR REVISION TO THE FOLLOWING: GENERAL DEFINITION OF TERMS; BOUNDARY INTERPRETATION GUIDELINES; CLASSIFICATION OF PARTICULAR USES; COMPLIANCE WITH ZONING REGULATIONS; INTENT OF CONDITIONAL USES, LOT AREA AND WIDTH, AND BUILDING HEIGHT FOR A-S DISTRICT; INTENT, LOT AREA AND WIDTH, AND BUILDING HEIGHT FOR R-S DISTRICT; BUILDING HEIGHT FOR R-1, R-2, AND R-2A DISTRICTS; CONDITIONAL USES AND BUILDING HEIGHT FOR R-3A AND R-3 DISTRICTS; PERMITTED USES AND BUILDING HEIGHT FOR R-4 DISTRICT; CONDITIONAL USES AND BUILDING HEIGHT FOR R-O DISTRICT; BUILDING HEIGHT FOR B-1, B-2, B-P, AND R-MH DISTRICTS; DEFINITIONS, DESIGN REVIEW BOARD POWERS AND CERTIFICATE OF APPROPRIATENESS IN NEIGHBORHOOD CONSERVATION OVERLA Y DISTRICT; DESIGN REVIEW POERS, CERTIFICATE OF APPROPRIA TNESS, SIGNAGE STANDARDS, AND DEVIATIONS IN ENTRYWAY CORRIDOR OVERLAY DISTRICT; GENERAL BUILDING AND DEVELOPMENT STANDARDS: OUTDOOR SALES AND DISPLA YS; OUTDOOR STORAGE; FENCES, WALLS AND HEDGES; DISABLED ACCESSIBLE PARKING REQUIREMENTS; NON-CONFORMING USES; CERTIFICATE OF APPROPRIATENESS SUBMITTAL REQUIREMENTS; PLANNED UNIT DEVELOPMENT DESIGN OBJECTIVES AND CRITERIA EV ALUA TION FORMS; POWERS AND DUTIES OF BOARD OF ADJUSTMENT; DEFINITIONS UNDER PLAN APPEALS PROCEDURE; HEARING PROCEDURE; ADMINISTRATION OF BUILDING PERMITS AND INSTALLATION OF IMPROVEMENTS; VIOLATION PENALTY PROVISION. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: SECTION 1 That Section 18.04.010 of the Bozeman Municipal Code, Definition of Terms, be amended so that such Section shall amend or delete the following definitions: "Airfield, Personal Use: Any feeility whiet:l is privately awned eAd operated, and designed, used or intended to be used by the airfield owner's private aircraft. Any unsurfaced earth or turf area or facility of land which is crivatelY owned and oDerated. and is designed. used or intended to be used for landing and taking off by orivate single enaine. fixed-wina aircraft. not exceeding 200 horseoower. includina not more than one suooort building for covered --...-.... -.........--.-.-.-- .. -.- .---..... .-- - "" \. storage and small quantities of supplies. A personal use airfield as used in this section means an airstrip restricted, except for aircraft emergencies, to use by the owner which is not directed toward business or commercial functions." "Bed and Breakfast Home: See LeElDing House. A sinale familv dwelling which remains owner-occuoied at all times aroviding one or more auest rooms for comDensation. and where food service is limited to breakfast which mav be served to overniaht guests onlv." "Building, Height of: The vertical distance of a buildiAfj as measured from grade as defined herein to the highest ooint on the roof or aaraoet wall. tt:te average elevation of the finished grade within 20 feet of the stnmture to the highest point af the eaping af a flat fOof, or to the deel( line of a mansard roof, ar to the mean heifJt:tt level betweeA caves and ridges for gable and hip ar gambrel raofs. Where a building utilizes multiDle roof stvles or Ditches. the hiahest ooint of each tVDe of roof or oaraoet wall shall be in conformance with aODlicable heiaht regulations as established for the resDective roof oitches in each zoning district. Where the vertical difference between grade as defined herein is creater than two (2) feet between ooposite elevations of the buildina. the height of the building may be increased by one (1) foot for everv one (1) foot in grade difference uo to a maximum of six (6) additional feet. " "Grade: The average level of the finished ground surfaees 3ljrrounEliAg a building, within J distanoe of 20 feet. The lowest ooint of elevation of the finished surface of the around between the exterior wall of a buildina and a Doint five (5) feet distance from the wall, or the lowest ooint of elevation of the finished surface of the around between the exterior wall of the buildina and the orODerty line if it is less than five (5) feet distance from the wall. If walls are oarallel to and within five (5) feet of a oublic sidewalk, alley or other Dublic way. the arade shall be the elevation of the sidewalk. alley or Dublic wav. "Finished surface of the ground" shall not include window wells. stair wells. or other similar features. but shall include features such as usable oatio areas." "Heliport: An identifiable area aA land, water or struoture, ineluding atop nAY building or faoility, used for the lanEling and takeoff of helioopters." - 2 - . - ..--.--- . --. --- -..---- .--.-.... - ---- - ~ -- .------------ - .. , "Lodging House: A building with more than two but not more than ten guest rooms where lodging with or without meals is provided for compensation. Also referred to as 9 "bed and breakfast" or "boarding" house." SECTION 2. That Subsection C of Section 18.06.040 of the Bozeman Municipal Code be amended so that Section 18.06.040C shall read as follows: "C. Where district boundaries divide a lot or parcel into two or more districts, the entire lot or parcel shall be deemed to have only the characteristics and uses of the most restrictive district that any part of the lot or parcel rests within. An', develof)ment lying wholly or partially witt:lin a speoified overlay distriot shall be reviewed as if it lay entirely within said overlay distriet. However. for DroDerties which lie partiallv within a sDecified overlay district. the Plannina Director. may determine that overlav district regulations shall aDDlv only to that Dortion of the DroDertv Ivina within the soecified overlav district. The criteria for makina such a determination shall include an evaluation of site tooograDhv and the dearee to which the develooment Dortion of the orooertv Iving outside of the overlav district is intearated with the develooment Iving within said district." SECTION 3. That Section 18.06.060 of the Bozeman Municipal Code be amended so that such Section shall read as follows: "18.06.060 CLASSIFICATION OF PARTICULAR USES-PLANNING DIRECTOR AND CITY COMMISSION AUTHORITY The Planning Director shall determine the aoorooriate classification of a oarticular use. In makina this determination. the Planning Director shall find: A. That the use is the same as one or more uses oermitted in the district wherein it is orooosed to be located: or .6... That the use is so similar to one or more uses oermitted in the district wherein it is prooosed to be located as to be intercreted as the same. so Ion a as: L. the use and its oDeration are comoatible with the uses oermitted in the district wherein the use is oroDosed to be located: - 3 - - -.--.- '''" \ 1... the use will not cause substantial injurv to values of Dropertv in the neiahborhood or district wherein it is DroDosed to be located: and .3... neither the intent of the ordinance nor the intent of the district will be abrogated bv such classification. If g questions arise~ concerning the appropriate classification of a particular use, the Plannina Director mav submit the auestion to the City Commission sJ:taH. to determine whether the particular use is the same. or so similar as to may be interpreted te-be the same as a listed permitted or conditional use. In making such a determination. iAterprcting the appropriate classification of a J3artieuler use, the City Commission shall determine: find that the criteria set forth in either Section 18.06.060 A. or B. above are met. A. That the use is the same, or so similar so as to be interf)retca as thc some, 8S one or mare uses f)ermitted in tt:'!e district wt:'!efein it is proposeD to Be located; B. That thc use and its operation ore compatible witt:'! the uses permitted in the district wherein the use is proposeD to Be laeated; C. That the use will not cause substantial injury to values of f)fOperty in the neighborhood or district wt:'!ercin it is (3faf)ased to be loeated; sAd D. That neither tt:'!e intent sf tt:'!e ardinanec nor the intent af tt:'!c district will be oBrogated by suoh olassifioation. If a specific use is not listed and cannot be interpreted to be the same. or so similar so as to be interoreted the same. as a listed permitted or conditional use, the use shall not be allowed. However, a zone code amendment may be submitted for review and approval pursuant to the requirements of this Ordinance to allow such use as a listed permitted or conditional use." SECTION 4. That Section 18.08.020 of the Bozeman Municipal Code be amended so that such Section shall read as follows: "18.08.020 COMPLIANCE WITH ZONING REGULATIONS REQUIRED No building, structure or land shall hereafter be used or occupied, and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, and no development shall commence unless it is in conformity with all of the regulations herein specified for the district in which it is located. To the maximum extent - 4 - - --."...- ---------.-- ~ \.. cossible. all Citv-owned land shall be subject to acclicable reaulations of the underlvina zonina district. DeveloDment of such land shall be subiect to aCDroval bv the Citv Commission UDon review of the Desion Review Board and DeveloDment Review Committee." SECTION 5. That Section 18.10.010 of the Bozeman Municipal Code be amended so that such Section shall read as follows: "18.10.010 INTENT "The intent of the A-S agriculture suburban district is to encourage cluster development so that areas of agriculture and areas of environmental concern are preserved. It is intended that through the use of this district, agricultural pursuits and/or open space will be preserved and environmental concerns, such as high water table and flood plains, will be protected. A-S agriculture suburban districts which are deDicted as "Rural Residential Nodes" in the 1990 Master Plan Update are areas Iving outside of the Urban Growth Area where residential catterns have been established. These areas are intended to be "infilled." and develODment mav continue at one dwelling unit cer acre. or at the maximum densitv allowed bv State Decartment of Health regulations. Rural Residential Nodes are intended to discourage unreviewed divisions of land and ease develocment Dressures on agricultural land," SECTION 6. That Subsection B of Section 18.10.020 of the Bozeman Municipal Code be amended so that Section 18.10.020B shall read as follows: "B. Conditional Uses Airfield, personal use Bed and Breakfast Homes Churches Community residential facilities Day care centers Essential services (type II) Golf courses Group homes Hunting and fishing clubs Public and private parks and playgrounds Veterinary uses Recreational vehicle parks and campgrounds Residence for owner or caretaker of recreational vehicle parks and campgrounds Schools Temporary sales and office buildings Any use approved as part of a planned unit development subject to the provisions of Section 18.54 of this Ordinance" - 5 - " ..... SECTION 7. That the Bozeman Municipal Code be amended by adding Subsection D to Section 18.10.030 so that Section 18.1 0.030D shall read as follows: "D. Rural Residential Node DevelODment ODtion Minimum lot area in A-S Districts master Planned as "Rural Residential Nodes" shall be one acre. or at the maximum density allowed bv State DeDartment of Health regulations. Lot width shall be a minimum of 150 feet unless a community water and/or sewer system is utilized. in which case lot width shall be a minimum of one hundred (1 00) feet." SECTION 8. That Section 18.10.060 of the Bozeman Municipal Code be amended so that such Section shall read as follows: "18.10.060 BUILDING HEIGHT In the A-S district, maximum building height for buildings designed and constructed for human occupancy shall be twcRt.{ feur feet_ as follows: A. Roof Ditch greater than six-in-twelve--thirtv-four (34) feet: B. Roof Ditch three-in-twelve or ereater but not greater than six-in-twelve--thirtv (30) feet: and C. Roof Ditch less than three-in-twelve--twentv-four (24) feet.. Only e#tef structures necessary for agriculture uses may exceed this t:leight these allowable heights." SECTION 9. That Section 18.12.010 of the Bozeman Municipal Code be amended so that such Section shall read as follows: "18.12.010 INTENT The intent and purpose of tfle R-S residential-suburban country estates districts Ivine outside the Urban Growth Area boundary as deDicted in the 1990 Master Plan UDdate is to allow single-family development on lots not smaller than one acre. or at the maximum density allowed bv State DeDartment of Health reaulations. in accordance with normal subdivision review Drocedures. these areas which 'Ncrc zORea R Sand plattea (subdiviaed) or comliaered part ef an approved moster plan or phoses develop meAt prior to tt:le effective date of this - 6 - -' '" '., Ordinanoe. Any area Ivine within the Urban Growth Area boundary as deDicted in the Plan. and which was zoned R-S residential-suburban country estates, but not platted, subdivided or considered part of an approved master plan or phased development prior to the effective date of this Ordinance, or any newly designated R-S districts Ivine within the same area, shall be subject to the provisions of Chapter 18.54 of this Ordinance, Planned Unit Development, and shall be developed in compliance with the adopted Bozeman Area Master Plan, and more particularly the Planned Unit Development requirements of the suburban residential land use classification." SECTION 10. That Section 18.12.030 of the Bozeman Municipal Code be amended so that such Section shall read as follows: "18.12.030 LOT AREA AND WIDTH Lot area and width for newly created lots in the R-S districts Ivine within the designated Urban Growth Area shall be determined through the PUD review procedures set forth in Section 18.54 of this Ordinance, in compliance with the adopted Bozeman Area Master Plan. Minimum lot area for newlv-created lots in R-S districts Iving outside of the designated Urban Growth Area shall be one acre or at the maximum density allowed bv State DeDartment of Health regulations. Lot width shall be a minimum of 150 feet unless a community water and/or sewer system is utilized in which case lot width shall be a minimum of one hundred (100) feet. Existing lots in the R-S district not utilizina a community water and/or sewer system shall be considered non-conforming lots if less than one-acre in area and/or 150 feet in width and subject to Section 18.50.160 of this Ordinance. Existina lots in the R-S district utilizing a community water and/or sewer system shall be considered non-conforming lots if less than one-half acre in area and/or one hundred (1 00) feet in width and subject to Section 18.50.160 of thsi Ordinance." SECTION 11. That Section 18.12.060 of the Bozeman Municipal Code be amended so that such Section shall read as follows: - 7 - ... '"., "18.12.060 BUILDING HEIGHT Maximum building height in the R-S district shall be tweAty four feet as follows: A. Roof Ditch greater than six-in-twelve--thirtv-four (34) feet: B. Roof pitch three-in-twelve or greater but not creater than six-in-twelve--thirty (30) feet: and k Roof Ditch less than three-in-twelve--twentv-four (24) feet." SECTION 12. That Section 18.14.060 of the Bozeman Municipal Code be amended so that such Section shall read as follows: "18.14.060 BUILDING HEIGHT Maximum buildina heiaht in the R-1 district shall be twcntv four feetas follows: A. Roof Ditch greater than six-in-twelve--thirtv-two (32) feet: B. Roof pitch three-in-twelve or greater but not greater than six-in-twelve-- twentv-eight (28) feet: and C. Roof Ditch less than three-in-twelve--twentv-four (24) feet." SECTION 13. That Section 18.16.060 of the Bozeman Municipal Code be amended so that such Section shall read as follows: "18.16.060 BUILDING HEIGHT Maximum building height in the R-2 district shall be twcnty four feet as follows: A. Roof Ditch greater than six-in-twelve--thirtv-two (32) feet: B. Roof Ditch three-in-twelve or greater but not areater than six-in-twelve-- twentv-eight (28) feet: and C. Roof Ditch less than three-in-twelve--twentv-four (24) feet." SECTION 14. That Section 18.17.060 of the Bozeman Municipal Code be amended so that such Section shall read as follows: "18.17.060 BUILDING HEIGHT Maximum building height in the R-2a district shall be twcnty four fect as follows: A. Roof Ditch greater than six-in-twelve--thirtv-two (32) feet: - 8 - ". \.- B. Roof Ditch three-in-twelve or areater but not areater than six-in-twelve-- twenty-eight (28) feet: and k Roof Ditch less than three-in-twelve--twentv-four (24) feet." SECTION 15. That Subsection B of Section 18.18.020 of the Bozeman Municipal Code be amended so that Section 18.18.020B shall read as follows: "B. Conditional Uses Bed and Breakfast Homes Churches Day Care Centers Golf courses Lodging Houses (Bcd DAd Breakfasts) Schools Temporary sales and office buildings Any use approved as part of a planned unit development subject to the provisions of Section 18.54 of this Ordinance" SECTION 16. That Section 18.18.060 of the Bozeman Municipal Code be amended so that such Section shall read as follows: "18.18.060 BUILDING HEIGHT Maximum building height in the R-3a district shall be twenty four feet as follows." A. Roof Ditch areater than six-in-twelve--thirtv-two (32) feet: JL. Roof Ditch three-in-twelve or greater but not creater than six-in-twelve-- twenty-eight (28) feet: and C. Roof Ditch less than three-in-twelve--twentv-four (24) feet." SECTION 17. That Subsection B of Section 18.20.020 of the Bozeman Municipal Code be amended so that Section 18.20.020B shall read as follows: "B. Conditional Uses Bed and Breakfast Homes Churches Day Care Centers Fraternity and sorority houses Golf courses Lodging houses Schools Temporary sales and office buildings Any use approved as part of a planned unit development subject to the provisions of Section 18.54 of this Ordinance" - 9 - --. -- ,~ ---.- -.. - .. .. ... SECTION 18. That Section 18.20.060 of the Bozeman Municipal Code be amended so that such Section shall read as follows: "18.20.060 BUILDING HEIGHT Maximum building height in the R-3 district shall be thirtv-eiaht feet for buildings with roof pitches of three-in-twelve or greater and thirty-two feet for buildings with flat roofs or with roof Ditches of less than three-in-twelve. n SECTION 19. That Section 18.24.020 of the Bozeman Municipal Code be amended so that such Section shall read as follows: "18.24.020 PERMITTED USES Principal tJse5 permitted in the R-4 district are the DrinciDal uses permitted in the R-3 district, plus bed and breakfast homes. lodging houses. apartment buildings and townhouse structures exceeding four (4) units per structure as principal uses. AdditisASI o~onditional uses permitted in the R-4 district are those conditional uses Dermitted in the R-3 district. Dlus offices (as defined herein), and medical offices, clinics and centers." SECTION 20. That Section 18.24.060 of the Bozeman Municipal Code be amended so that such Section shall read as follows: "18.24.060 BUILDING HEIGHT Maximum building height in the R-4 district shall be thirtv-eiaht feet for buildinas with roof pitches of three-in-twelve or areater and thirty-two feet for buildings with flat roofs or with roof Ditches of less than three-in-twelve. n SECTION 21. That Subsection B of Section 18.26.020 of the Bozeman Municipal Code be amended so that Section 18.26.020B shall read as follows: "B. Conditional Uses Apartment buildings and multi-family dwellings Bed and Breakfast Homes Churches Community residential facilities Day Care Centers Efficiency units Group homes - 10 - ,. """ Lodging Houses (Bcd BAa Breakfasts) Schools Any use approved as part of a planned unit development subject to the provisions of Section 18.54 of thisOrdinance" SECTION 22. That Section 18.26.060 of the Bozeman Municipal Code be amended so that such Section shall read as follows: "18.26.060 BUILDING HEIGHT Maximum building height in the R-O district shall be thirtv-eiaht feet for buildinas with roof Ditches of three-in-twelve or areater and thirty-two feet for buildinas with flat roofs or with roof Ditches of less than three-in-twelve. II SECTION 23. That Section 18.28.060 of the Bozeman Municipal Code be amended so that such Section shall read as follows: "18.28.060 BUILDING HEIGHT Maximum building height in the B-1 district shall be thirty eight feet for buildings with roof pitches of three-in-twelve or greater and thirty-two feet for buildings with flat roofs or with roof Ditches of less than three-in-twelve. except when adjacent to an R-S, R-1, R-2, R-2a, or R-3a district wherein the height shall not exceed twenty fOLJr feet the allowable heiaht established for the adiacent district. II SECTION 24. That Section 18.30.060 of the Bozeman Municipal Code be amended so that such Section shall read as follows: "18.30.060 BUILDING HEIGHT Maximum building height in the B-2 district shall be thirtv-eiaht feet for buildings with roof pitches of three-in-twelve or areater and thirty-two feet for buildings with flat roofs or with roof Ditches of less than three-in-twelve. II SECTION 25. That Section 18.38.060 of the Bozeman Municipal Code be amended so that such Section shall read as follows: "18.38.060 BUILDING HEIGHT Maximum building height in the B-P district shall be thirty-eight feet for buildinas with roof - 11 - ------ --.---- .--..-.-- -:------.--- --- ~---_.--".,,-- _n__ "..' , "- Ditches of three-in-twelve or greater and thirty-two feet for buildinas with flat roofs or with roof Ditches of less than three-in-twelve." SECTION 26. That Section 18.41.050 of the Bozeman Municipal Code be amended so that such Section shall read as follows: "18.41.050 BUILDING HEIGHT Maximum building height in the R-MH district shall be thirty feet for buildings with roof pitches of three-in-twelve or areater and twenty-four feet for buildinas with flat roofs or with roof Ditches of less than three-in-twelve." SECTION 27. That Section 18.42.020 of the Bozeman Municipal Code, Definitions, be amended so that such Section shall amend or add the following definitions: "A. Alteration - Any act or process, except repair and liaht 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. Additionally, The term "alteration" may aCDlv 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 Dublic or crivate crODertv is located within a designated Historic District or listed individually on the National Historic Reaister. IAterior architeetural alterotioA review sholl apply only to structures, sites, and districts listed eA thc Natianol Historie Register, t'tHowever, changes upon interior elements of private residences. regardless of their location or Historic status. shall not be considered "alterations" as defined herein. be exempted from this rcE1uirement proviaea there is ne visible clement of sueh chango from the builaiftgs exterior." :.L. Liaht Construction - Anv change not construed as an alteration or reDair. includina: caving of established driving and Darking areas (subiect to the reauirements of Section 18.50.120 Parking ReQuirements): construction of Datios not greater than 120 sauare feet in size: construction of sidewalks not wider than three feet: and landscaDing (but not including maior changes in arading or site surface drainage)." - 12 - . " '",..I., " J.:.J . National Register - National Register of Historic Places. A list, maintained by the U.S. Department of Interior, of sites, properties, objects and districts having local, State or national historical, architectural or cultural significance." "d-.K. Preservation Board - The Bozeman Historical Preservation Advisory Board. " "K-.J,.. Relocation - Any movement of a structure on the same site or to another site. " "h.M. Repair - 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 28. That Subsection C of Section 18.42.030 of the Bozeman Municipal Code be amended so that Section 18.42.030C shall read as follows: tIC. To develop and apply specific guidelines related to such concerns as architectural accearance. landscace design. and sianage for the alteration of structures, sites, or areas; " SECTION 29. 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, Planning Board, or the City Commission, shall be required before any alteration(s) other than repair as defined herein, are undertaken upon any structure in the Conservation District. For alterations not requiring City Commission or Planning Board approval, compliance with the Design Review Board's decisions will be mandatory subject to appeal to the City Commission as set forth in Chapter 18.58 of this Ordinance. Application procedures are as follows: A. No building, demolition, conditional use, ~ or moving permit shall be issued within the Conservation District until a Certificate of Appropriateness has been issued by the Design Review Board or appropriate review authority, and until final action on the proposal has been taken. B. Application and review procedures for proposals located within the Conservation - 13 - . ..----.-.,.-- u__ .... .... District are set forth in Chapter 18.51 DESIGN REVIEW BOARD AND DEVELOPMENT REVIEW COMMITTEE. Additionally, in order to accommodate limited "'f\'cckcnd" tYf)e projects orojects which mav be classified as "minor alterations." a Certificate may be applied for and issued bv the Administrative Officer without orovidina Dublic notice or posting the property..., if tAe Administrative Officer ana an orohiteet on the DRB approve aAa sign the applieetieA. "'Neekcf1o" tYf)C projects "Minor" alterations may include..;. such alterations os fencing,.;. sidewall( BAa driveway construotion, 6f removal of dilapidated, unsafe structures,,:, (unless on the National Historic Register or identified as "contributing" to an established Historic District): construction of decks and porches in side or rear vards (but not in front or corner side vards): construction or Dlacement of storace sheds not larcer than 120 SQuare feet in size: reolacement of siding (not otherwise considered reDair or Dart of a more significant alteration): and Daving (flatwork) not otherwise exceoted from review as "Iiaht construction. " C. A denial of a Certificate shall be accompanied by a written statement of reasons for the denial. D. Aggrieved persons, as defined in Chapter 18.58 of this ordinance, may appeal the decision of the Design Review Board pursuant to the provisions of said Chapter. In such event, the issuance of a Certificate shall be stayed until the appeal process has been satisfied." SECTION 30. That Subsection C of Section 18.42.060 of the Bozeman Municipal Code be amended so that Section 18.42.060C shall read as follows: "C. Contemoorarv. NIlon-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 31. That Subsection C of Section 18.43.040 of the Bozeman Municipal Code be amended so that Section 18.43.040C shall read as follows: - 14 - .----.---- . . ... '.' "c. To develop and apply specific guidelines related to such concerns as architectural aDDearance. landscaDe design. and sianaae for the alteration of structures, sites, or areas; " SECTION 32. That Section 18.43.050 of the Bozeman Municipal Code be amended so that such Section shall read as follows: "18.43.050 CERTIFICATE OF APPROPRIATENESS A Certificate of Appropriateness, received from either the Design Review Board, Planning Board, or the City Commission, shall be required before any and all alteration(s) other than repair as defined in Chapter 18.42, are undertaken upon any structure in the Entryway Corridor. For alterations not requiring City Commission or Planning Board approval, compliance with the Design Review Board's decisions will be mandatory subject to appeal to the City Commission as set forth in Chapter 18.58 of this Ordinance. Application procedures are as follows: A. No building, demolition, sign (if a deviation is reauested), conditional use, or moving permit shall be issued within an Entryway Corridor until a Certificate of Appropriateness has been issued by the Design Review Board or the appropriate review authority, and until final action on the proposal has been taken. B. Application and review procedures for proposals located within Entryway Corridors are set forth in Chapter 18.51 DESIGN REVIEW BOARD AND DEVELOPMENT REVIEW COMMITTEE. Additionally, in order to accommodate limited, "weekend" type projects, Droiects which may be classified as "minor alterations" as defined in ChaDter 18.42. a Certificate may be applied for and issued by the Administrative Officer without Droviding Dublic notice or posting the property... if the Administrative Officer and an arohiteot 8A tt:Je ORB approve and ::.igA tt:Je applioatioA. "Weekend" type projects "Minor Alterations" may include sl:Iet:J alteration::. as fencing, sidewalk and driveway construction, or removal of dilapidated, unsafe structures.. construction of decks and Dorches in side or rear yards (but not in front or corner side yards): construction or placement of storage sheds not larger than 120 SQuare feet in size: reDlacement of siding (not otherwise considered reDair or Dart of a more sianificant - 15 - - - ---..--.-.---.-------. -. -.-..-..----.---- '" .... alteration); and Davina (flatwork) not otherwise exceDted from review as "light construction. " C. A denial certificate shall be accompanied by a written statement of reasons for the denial. D. Aggrieved persons, as defined in Chapter 18.58 of this Ordinance, may appeal the decision of the Design Review Board pursuant to the provisions of said Chapter. In such event, the issuance of the Certificate shall be stayed until the appeal process has been satisfied." SECTION 33. That Subsection F of Section 18.43.060 of the Bozeman Municipal Code be amended so that Section 18.43.060F shall read as follows: "F. Signage Standards All signage shall meet the requirements of Chapter 18.65 of this Ordinance. However, in the oose of PleRAee UAit DevclopFfleAts (PUDs) BAe negotiated redevelopments of J3roperty iA oonjunction wit A Design Objective Plans, deviations from the specific signage requirements of the overlay or underlying zoning district and applicable supplemental regulations may be granted as set forth in 18.43.080." SECTION 34. 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 To accomplish the intent and purpose of this Chapter it may be necessary to deviate from the strict application of the overlay or underlying zoning requirements. An application for such deviation shall be processed through the Design Review Board. The application for deviation shall be subject to the submittal and procedural requirements of Chapter 18.52 Site Plan Approval, and shall be accompanied by written and graphic material sufficient to illustrate the conditions that the modified standards will produce, so as to enable the City Commission to make the determination that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards, and will be consistent with the intent and purpose of this chapter. and with the - 16 - " ..... adopted Design Obiectives Plan for the Darticular Entrvway Corridor. Upon such a finding, the City Commission may authorize deviations of up to 20% beyond or below minimum or maximum standards, respectively, as established in the underlying zoning district regulations. " SECTION 35. That Subsection C8 of Section 18.50.020 of the Bozeman Municipal Code be amended so that Section 18.50.020C8 shall read as follows: "S. Outdoor Sales and Display a. Merchandise which is offered for direct sale, rental. or lease to the ultimate consumer or user may be disolaved bevond the confines of a buildina in any Commercial District. but the area occuDied bv such outdoor disolay shall not constitute a greater number of square feet than 1 0 Dercent of the around floor area of the building housina the orincioal use. unless such merchandise is a tVDe customarilv disolaved outdoors such as automobiles and garden supplies. In such cases. +lhe maximum area for outdoor sales and display shall not exceed fifty per cent of the total lot area. b. Outdoor sales and disDlav areas shall not be located in any reauired ~ All areBS sesignatca far vehiele starBge shall be sereened fram view from the street ana f1sjaeent properties as per Seetion 18.50.035 C of thic:a Ordinanoe. Vehiele storage areas shall net be subjeot to the parking lat landscape requirements. " SECTION 36. That Subsection C of Section 18.50.035 of the Bozeman Municipal Code be amended so that Section 18.50.035C shall read as follows: "C. Outdoor Storage; Exterior Displays .L All materials, supplies, merchandise or other similar matter not on display for direct sale, rental or lease to the ultimate consumer or user shall be stored within the confines of a 100 percent opaque wall or fence not less than six (6) feet tall. Mcrchandise whioh is effered fer sale as aoscribcd may be displayed beyend the oonfines of a building in any Commoreial District, but - 17 - . . "- . ~.. tt:!e area eeeufjied by such outdoor display st:!all not constitute a greater number of square feet than 10 fjereeRt of the ground floer afea of the building housing the J:')riReifjal l::Jse, I:IAless such merchaAdise is a type customarily displayed outdoors suet:! as automobiles and gardeR supplies. b No storage of any type shall be permitted within any required yard. ~ All areas desianated for vehicle and eQUiDment storage shall be screened from view from the street and adiacent DroDerties as Der Section 18.50.035 C.1. of this Ordinance. Vehicle and eQUiDment storage areas shall not be subiect to Darking lot Daving or landscaDe reQuirements. but shall be subiect to drainage detention reauirements and aDDroDriate dust control reauirements." SECTION 37. That Subsection A of Section 18.50.070 of the Bozeman Municipal Code be amended so that Section 18.50.070A shall read as follows: "A. Location Except as provided in Section 18.50.080, fences, walls, and hedges, in any district may be located on lot lines provided such fences, walls and hedges do not exceed eight feet in height. Fences exceeding eight feet in height shall be subject to the minimum yard requirements of the district in which such fences are located. However, no fences, walls or hedges shall exceed four feet in any corner side vard Q.[ front yard, as defined in this title. Fences used in an agricultural pursuit to retain stock animals shall be excepted." SECTION 38. That Subsection F1 of Section 18.50.120 of the Bozeman Municipal Code be amended so that Section 18.50.120F1 shall read as follows: "1. Residential Uses Dwelling TVDes Off-Street Parkina SDaces Reauired With On-Street Parking Without On-Street Parkina Single Family 2.00 Spaces/Unit 3.0 Spaces/Unit Mobile Homes 2.00 Spaces/Unit 3.0 Spaces/Unit Two-Family 2.00 Spaces/Unit 3.0 Spaces/Unit Three-Family 2.25 Spaces/Unit 2.25 Spaces/Unit - 18 - .--.---.-- ---.--.. - ------- ----- .-.--... -. ,r_. ".. Four-Family 2.25 Spaces/Unit 2.25 Spaces/Unit Townhouse 2.00 Spaces/Unit 2.25 Spaces/Unit Apartments 2.20 Spaces/Unit 2.20 Spaces/Unit Group Homes 1 Space per Potential 1 Space per Potential and Community Guest Room Guest Room Residential Facilities Efficiencv Unit 1.25 Soaces/Unit 1 .25 Soaces/Unit Bed and Breakfast 1.00 So/Rental Unit 1.00 SD/Rental Unit Lodging House 1.25 SD/Rental Unit 1.25 So/Rental Unit All site plans submitted for permit purposes shall identify parking space allocations. n SECTION 39. That Subsection F3 of Section 18.50.120 of the Bozeman Municipal Code be amended so that Section 18.50.120F3 shall read as follows: "3. HandioaJ)J)od Disabled Accessible Parking Spaces Handicapped parldnt) sJ)oees sholl be J)ro\'iefed subject t8 Federal stBAdards enumerated in the Fedeml Register, doted 1 August 1982, Subpart C, Seotion 1190.21, "Aeeessiblc Building OAS Facilities: New Construction." a. Disabled parking spaces shall be provided subject to Federal standards enumerated in the Americans with Disabilities Act (ADA) dated 26 January 1992, and Federal Standard 795, (Uniform Federal Accessibility Standards) dated 1 April 1988, Chapter 4 (Accessible Elements and Spaces: Scope and Technical Requirements). b. All parking lots and facilities shall be subject to current Uniform Building Code guidelines for Accessibility, and shall contain a minimum number of disabled accessible parking spaces as set forth in the Table below: Total Parking Reauired Minimum Number in Lot of Accessible SDaces 1 to 25 1 26 to 50 2 51 to 75 .3. 76 to 1 00 ~ 101 to 150 ~ - 19 - .... -. ,~ '.. "'" 1 51 to 200 .2 201 to 300 7 301 to 400 B. 401 to 500 9 501 to 1000 2 Dercent of total 1 001 and over 20 Dlus 1 for each 1 00 over 1000 One in every eight accessible SDaces shall have an aisle 8'-0" wide (rather than 5') and shall be signed "van accessible". Accessible SDaces shall be located as near as cractical to a Drimarv entrance(s) and shall be desianated as those SDaces closest to the Drimarv entrance(s) to a facilitv. Parking SDaces and access aisles shall be level with sloDes not exceeding 1 :50 in all directions and shall be maintained in an ice and snow free condition. The minimum number of accessible Darkina SDaces shall be in addition to any reauired Darking SDaces. .Q.:. All accessible Darking SDaces shall be designated as reserved for the disabled bva sign showing the svmbol of accessibilitv at each scace. Such signs shall not be obscured bv a vehicle Darked in the SDace. Signs or svmbols Dainted on the cavement as the onlv means of identification. do not meet this reauirement. Raised sians shall be located at a distance no greater than 5'-0" from the front of each accessible SDace and shall be subiect to review and aDcroval bv the Planning DeDartment. ~ Provision of an accessible Dath of travel from each disabled accessible Darkina SDace to the entrance of the facility shall include ramped access where necessarv and an unencumbered minimum three-foot (3') wide walk. sidewalk or ramDS. The accessible Dath of travel shall be Daved. smooth surface. free of defects or design features that would restrict. inhibit or unreasonably imDede the movement of a Dhysically-disabled individual. - 20- --.--.--.------ - n_.__ , .~ '(' The least oossible slooe shall be used for anv ramD. The maximum slooe of a ramD in new construction shall be 1: 12. cross sloDes shall not exceed 1/4 in. Der foot. The maximum rise for anv run shall be 30 in. (760 mm). e. Exceotions: 1- GrouD R OccuDancies containina three or less dwellina units or congregate residences accommodatina 1 0 oersons or less." SECTION 40. That Section 18.50.160 of the Bozeman Municipal Code be amended by adding a new subsection to be numbered Section 18.50.1601 to read as follows: .:L. A lawful non-conformina use mav be exoanded onlv through the aranting of a Conditional Use Permit by the Citv Commission. In considerina the aoorooriateness of the Conditional Use Permit aoolication. the City Commission shall weiah the criteria set forth in Section 18.50.160 F. above. In addition. the Commission shall consider whether the exoansion is reasonable. natural. and incidental to the growth and use of an existing business. In general. Drooosals to exoand non-conforming uses shall not be aoproved if the eXDansion would encomoass new land or oroDertv which was not in use at the time of the enactment of zonina or a chanae in zonina." SECTION 41. That Subsection A 1 of Section 18.52.050 of the Bozeman Municipal Code be amended so that Section 18.52.050AI 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 (i.e. located in a Neighborhood Conservation or Entryway Corridor Overlay District) shall submit the following information in addition to any Sketch Plan, Site Plan, or Special Development submittal requirements for the proposal. 1. Neighborhood Conservation Overlay District Certain information shall be provided to the Design Review Board to review - 21 - ..~." ". 'f prior to granting or denying a Certificate of Appropriateness. All materials to be submitted shall be prepared on 8 1/2" x 11" paper and packaged or bound to fit a standard, letter size file. Applications that involve more voluminous architectural plans and specifications shall be accompanied by simplified sketches, details and supporting documentation, on letter size paper, which synthesize the detailed design documents. The extent of documentation to be submitted on any project shall be dictated by the scope of the planned alteration and the information reasonably necessary for the Design Review Board to make its determination. At a minimum, the following items shall be included in the submission: a. Completed application on form provided by the City-County Planning Office. b. One current picture of each elevation of each structure planned to be altered and such additional pictures of the specific elements of the structure or property to be altered that will clearly express the nature and extent of the change planned. Except when otherwise recommended, no more than eight (8) pictures should be submitted and all pictures shall be mounted on letter-size sheets and clearly annotated with the property address, elevation direction (N,S,E, W) and relevant information. c. Sketch plan or site plan, as per Section 18.52.020 or 18.52.030 of this Ordinance. d. Historical information, including available data such as pictures, plans, authenticated verbal records and similar research documentation that may be relevant to the planned alteration. e. Materials and color schemes to be used. (The effect of color in creating a design character that is appropriate for and compatible with the neighborhood or district will be considered. However, no requirements or conditions - 22 - . --- - -.-. - .--.. ---. -. -.---..-.-.-.. -- , "1! pertaining to materials or color schemes shall be imposed unless approved by a unanimous vote of the Design Review Board members present at a regularly scheduled meeting.) f. Plans, sketches, pictures, specifications and other data will clearly express the applicant's proposed alterations. g. A schedule of plan 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 can seek comments from the neighborhood or area. L. DescriDtion of anv aDDlicant-reauested deviation(s} and a narrative explanation as to how the reauested deviation(s} will encourage restoration and rehabilitation activitv that will contribute to the overall historic character of the communitv. " SECTION 42. That Form 2 of Section 18.54.100E shall be amended so that Form 2 of Section 18.54.100E shall read as follows: " RESIDENTIAL APPLICATION: Planned unit developments in residential areas (A-S. R-S. R-1. R-2. R-2-A. R-3. R-3-A. R-4. and R-O zonina districts) may include a variety of housing types, designed to enhance the natural environment, conserve energy, recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods", with provisions for a mix of limited commercial development. For Durcoses of this section. "limited commercial develoDment" means Drofessional offices and other Dermitted uses listed in the B-1 Neiahborhood Service District (ChaDter 18.28 of this Ordinance>. within the oarameters set forth below. Commereial development All uses within the PUD must be sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood. - 23 - '" .,. REQUIRED CRITERIA: Each of the following applicable criteria must be answered "yes" and implemented within the development plan; 1 . On a gross acreage basis, is the average residential density in the project ot least three (3) dwelling units per aore (calculated for residential portion of the site only), or at least one dwelling unit per acre where septic taAks ore to be used consistent with the develoDment densities set forth in the Land Use Guidelines of the Bozeman Area Master Plan? 2. Does the residential project provide for private outdoor areas (e.g., private yards, patios, and balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy... and convenient access to the household or commercial unit~ they are intended to serve? 3. Does the project provide for outdoor areas for use by the residents oersons Hvim;J and working in the develoDment for as recreational, active or passive; recreational activities? 4. Does the residential projeot cneeurage the juxtapositien or mix of uses? 4. If the Droiect is DroDosina a residential densitv bonus as described below. does it include a varietv of housina tvoes and styles desianed to address eommunitv-wide issues of affordabilitv and diversitv of housing stock? 5. If the P.U.D. is located within. or adiacent to. the Citv of Bozeman. Hs the resieential project within 2000 feet of an existing or approved neighborhood service center, public school, day care center, major employment center, or public neighborhood or community park? 6. Is the residential projeot 'w-,ithin 4000 feet of an existing or approved oommunity/regional shopping center? 2... Is the overall Droiect desianed to enhance the natural environment. conserve enerav and to provide efficient DubHe services and facilities? 7. Is the residcAtial project within 650 feet of an existing collector or arterial street? 8. If the residential project is proposing a residential density bonus (30% maximum) above the dcnsity that is allowed, that which is set forth below, does the proposed - 24- _________u_ _ - --- -... .----- .n.. ._ ...- ---"_._.._-~ - ..---.....-..-."..--- . '\ ~ project exceed the established reaulatory design standards for tt:le Ete~'elol3ment 1iu.c.b as for setbacks. off-street Darking. aDen sDace. etc,) and ensure compatibility with adjacent neighborhood development? ALLOWABLE RESIDENTIAL DENSITIES. WITHOUT BONUSES Zone Density A-S One dwelling Der 20 acres. or maximum allowed in accordance with the "sliding scale" established in ChaDter 18.10 of this ~ &S. One dwelling unit Der acre R-1 Three units Der acre R-2 Six units Der acre R-2-A Five units Der acre M Twelve units Der acre R-3-A Ten units per acre R-4/R-O Fifteen units Der acre 9. If offiocs or oommercial limited commercial development as defined above affi is. proposed within the rcsidcntial project.L is less than twenty (20) percent of the gross area of the P.U.D. designated to be used for offices or oommereial neiahborhood service activities not ordinarilv allowed in the Darticular residential zonina district? 10. If commcroial dcvelopment neighborhood service activities i& are proposed within the residential project.L is a market analysis Drovided demonstrating that less than fifty (50) percent of the market required to support the oommercial uses proposed neiahborhood service activities is located outside the immediate area of the P.U.D., and are said neighborhood services of a scrvioe nature that does not require drive-in facilities or justification for through traffic? 11 . If the project contains limited commercial development as defined above, is the project located at the intersections- of arterial streets, or arterial and collector streets? 12. If the project contains limited commercial development as defined above. has the project been sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood, and Res haye it the commercial activities been developed at a scale compatible with residential development? - 25 - -.--- . "-. . "f .lJ..:. Does the overall P.U.D. recoanize and. to the maximum extent possible. Dreserve and oromote the uniaue character of neighborhoods in the surrounding area?" CODIFICATION INSTRUCTIONS. That Form 2 of Section 18.54.100E be setup in the same or similar format as Form 2 in Ordinance No. 1332, SECTION 43. That Form 3 of Section 18.54.1 OOE of the Bozeman Municipal Code be amended so that such Form shall read as follows: "COMMERCIAL P.U.D. APPLICATION: Planned unit developments in commercial areas (B-1. B-2, B-3 and B-P zonina districts) may include either commercial or multi-family development; however, adequate but controlled access to arterial streets is essential. Activities would include a broad range of retail and service establishments designed to serve consumer demands of the City of Bozeman and Bozeman area, REQUIRED CRITERIA: Each of the following aDDlicable criteria must be answered "yes" and implemented within the development plan, 1. Are all repair, painting and body work activities, including storage of refuse and vehicular parts, planned to take place within an enclosed structure or completely screened from off-site view? 2. Have all the necessary precautions been taken to prevent all lubrication, hazardous materials and fuel oil substance, which are stored on the site, from leaking or draining into the groundwater system, streams, creeks, or other water bodies? 3, If the project contains any use intended to provide adult amusement or entertainment, does it meet the following requirements: Is the use established, operated or maintained no less than 500 feet from a residential neighborhood, church and/or a school meeting all the requirements of the compulsory education laws of the State of Montana? - 26 - -----..--- -..-.....--.--.- -..- - -.--.----.- , . '" , -t Is the use established, operated or maintained on less than 500 feet from another similar use? 4. Is the project contiguous to an arterial street. and has adeauate but controlled access been orovided? 5. Is the project on at least two acres of land? 6. Gees If the project contain.s. two or more significant uses (for instance, retail, office, residential, hotel/motel and recreation). do the uses relate to each other in terms of location within the PUD. Dedestrian and vehicular circulation. architectural design. utilization of common ooen soace and facilities. etc.? 7. If the Droiect is a sinale-use P.U.D. develooment. is it comoatible with existina land use Datterns. is it comoatible with and does it reflect the uniaue character of the surroundina area? ~. Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten (10) spaces? s.s.. Does the project encourage infill.L with at least 1/4th of its property boundary contiguous to existing development, or does the oroiect otherwise demonstrate comoliance with the Land Use Guidelines of the Bozeman Area Master Plan? 91Q. If the project includes residential development. or is adiacent to existina or future residential develooment. has ~ exceptional or unique design methods been incorporated to mitigate the impacts of conflicting land uses (he.!L.Q.,., landscape and architectural design, extensive open space, recreation center(s), maximum traffic efficiency, screening of residential parking ~)? 1L. Does the Droject Drovide for outdoor recreational areas (such as additionallandscaDed areas. aDen soaces. trails, or oicnic areas) for the use and eniovment of those livina in. working in. or visitina the develooment?" COOl FICA TION INSTRUCTIONS. That Form 3 of Section 18.54.1 ODE be setup in the same or similar format as Form 3 in Ordinance No. 1332. - 27 - , , -. , ... SECTION 44. That Form 4 of Section 18.54.1 OOE of the Bozeman Municipal Code be amended so that such Form shall read as follows: "INDUSTRIALP .U.D. APPLICATION: Planned unit developments in industrial areas (M-1 and M-2 districts) may include employment, wholesaling, manufacturing and utility centers for the community; the particular types of uses will be determined based upon its potential impact upon adjacent land uses and the intensity of development. REQUIRED CRITERIA: Each of the following criteria must be answered "yes" and implemented within the development plan. 1. Have all the necessary precautions been taken to prevent all lubricants, hazardous materials and fuel oil substances, which are stored on the site, from leaking or draining into the groundwater system, streams, creeks, or other water bodies? 2. Are all repair, painting and body work activities, including the storage of refuse and vehicular parts planned to take place within an enclosed structure or completely screened from off-site view? 3. Is the project located adjacent to an arterial or collector that provides adequate access to the site? 4. Is the project developed such that the least intense uses shall be located along the arterial streets, where visibility to the public is likely; more intense uses such as heavy industrial uses and warehousing activities will be located away from the arterial streets, buffered by the other uses. 5. Does the project utilize a landscaping theme that will tie adjacent uses or projects together? 6. Is the project being developed on land substantially surrounded by developed property with existing services and utilities already available? 1.. Does the Droiect Drovide for outdoor recreational areas (e.a" additionallandscaDed areas. ODen SDace. trails. Dicnic areas) for the use and enjovment of those workina in or visitina the develoDment?" - 28 - -~- .--.-...----- ~.- .. .\ '4 CODIFICATION INSTRUCTIONS. That Table 4 of Section 18.54.1 OOE be setuD in Table Form in the same or similar format as Drovided in Ordinance No. 1332. SECTION 45. That Section 18.56.030 of the Bozeman Municipal Code be amended so that such Section 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, 1981 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 Ordinance or of any ordinance adopted pursuant thereto. 2. To authorize, in specific cases, such variance from the terms of this Ordinance as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions will result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done. B. More specifically, the Board may, after public notice and hearing, deny, approve, or conditionally approve requests due to hardship for a variance to: a. consider applieatioAs for the expaAsion of A8AoonformiAg uses of land and structures; " C. The concurring vote of four members of the Board shall be necessary to reverse any order, requirements, decisions, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect any variance of this Ordinance. A reversal of the Planning Director's classification of a Darticular use shall be submitted to the Citv - 29 - -..---"..--.--- -... -.. ---- -. ---..---.---. -.-"-..-.--,,.--.-... _ .d'_~ , '. ! -- .. Commission for determination under the Drovisions of Section 18.06.060 of this Title. D. The concurring vote of three members of the City Commission shall be necessary to grant requested deviations and the concurring vote of our members of the City Commission shall be necessary to effect any variance of this Ordinance." SECTION 46. That Section 18.58.010 of the Bozeman Municipal Code, Definitions, be amended so that the definitions of "Aggrieved Person" and "Final Decision" of said Section shall read as follows: "Aggrieved Person shall mean a person who has a aifeet, immediate, substantial BAa legally cognizable sDecific. personal. and legal interest in the final decision of an agency, board, or commission, as distinauished from a general interest such as is the concern of all members of the communitv. and which interest would be sDecificallv and Dersonallv prejudiced by the decision or benefitted by its reversal." "Final Decision shall mean the final action of an agency, board or commission by vote of a majority of its members when no further ret:1earing action is available before such agency, board or commission." SECTION 47. That Section 18.58.080 of the Bozeman Municipal Code be amended so such Section shall read as follows: "18.58.080 PROCEDURE OF THE HEARING A. At the hearing on the appeal, the following procedure shall be followed: Onlv arauments and evidence relevant to the arounds shall be oresented. The presentation of argument on the merits of the appeal shall be made in the following order, subject to such limitations, in time and scope as may be imposed at the discretion of the presiding officer: 1. Explanation of the nature of the appeal and presentation by Planning Staff; 2. Presentation of argument by the appellant and any aggrieved person in support of the appellant; 3. Presentation or argument by an aggrievedi!!lY person who is an opponent of the appeal; and - 30- . .--- ..' .... ~~ ~. ' 4. Motion, discussion and vote by the Appellate Body. B. No person making a presentation shall be subject to cross-examination except that members of the Appellate Body and the City Attorney may inquire of such person for the purpose of eliciting information and for the purpose of clarifying information presented. " SECTION 48. That Subsection A of Section 18.62.090 of the Bozeman Municipal Code be amended so that Section 18.62.090A shall read as follows: "A. ~ Mminor site surface preparation and normal maintenance shall be allowed prior to conditional aooroval bv the aoorooriate review authoritv and the issuance of a Building Permit, providing that such activity does not include excavation for foundations or the removal of mature, healthy vegetation. Uoon conditional aDDroval by the aoorooriate review authoritv. excavation for foundations and the oreDaration of forms mav occur. however. no concrete shall be ooured and no further construction shall commence until Final Site or Sketch Plan aODroval has been granted and until buildina Dermits have been issued." SECTION 49. That Section 18.70.020 of the Bozeman Municipal Code be amended so that such Section shall read as follows: "18.70.020 VIOLATION - PENALTY - ASSISTING OR ABETTING -ADDITIONAL REMEDIES A. Violation of the provisions of this OrdinsAee ~ or failure to comply with any of its requirements including violations of conditions and safeguards established in connection with the grant of variances or conditional uses or any of the requirements for conditions imposed by the Planning Board and/or City Commission shall constitute a misdemeanor. Any person who violates this On:.tinanoc Title or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars or imprisoned not more than six months, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense and punishable as such. B. The Bozeman Code Comoliance Officer is authorized to issue a notice to aDDear under the Drovisions of M.C.A. 46-6-310 to anv violator of this Title. - 31 - -"..-.-..- --- .-.. . , ,\; ~,. Be. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists, or maintains, such violation may each be found guilty of a separate offense and suffer the penalties herein provided. GD. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation." SECTION 50. All other parts, sections, definitions, and forms, of Chapter 18 of the Bozeman Municipal Code not specifically amended above shall remain in full force and effect. SECTION 51. Repealer. All resolutions, ordinances, and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. SECTION 52. 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. SECTION 53. Severability . If any provisions of this Ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not affect 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 54. Effective Date. This Ordinance shall be effective thirty (30) days after the second reading and final adoption as provided by law. PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of - 32 - - ._. .~___.__._.__. n_ .___._..._______.__..~___._._.. _.._. __ . -~~ ,~t , -'I -' , Bozeman, Montana, at a regular session thereof held on the 11th day of January 1992.3 ATTEST: V~;/ ~~ ROBIN L. SULLIVAN Clerk of the Commission FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 25th day of January 199~. 3 ATTEST: ~/~ RO N L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: ., I . . \, , - 33 - - .--.-...-...---...-.--.-.-.--