HomeMy WebLinkAboutOrdinance 91- 1341, Amends §§ 18
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O~DINANCE NO. 1341
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNIC-
IPAL CODE, AS AMENDED BY ORDINANCE NO.
1332 AND NOT
CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE
AMENDED BY
REVISING SECTIONS
18.04.010;
18.08.020;
18.08.040; 18.10.030.B.;
18.28.020; 18.32.020.A. ;
18.42.050;
18.43.050;
18.43.060;
18.50.020.C.6.b.;
18.50.030.D.;
18.50.035.A.;
18.50.035.1.;
18.50.035.Q.;
18.50.100.B.;
18.50.100.D.3.d.; 18.50.100.E.;
18.50.110.B.;
18.50.120.K.;
18.50.160.B.;
18.51.010.A.;
18.51.010.C.;
18.52.020.A.;
18.52.030.D.; 18.52.050.A.;
18.52.070.C.; 18.65.030;
18.65.050
and 18.65.100 OF SAID CODE,
PROVIDING FOR REVISION TO
THE FOLLOWING:
DEFINITIONS OF
DES I G N REVI EW BOARD,
DEVIATION,
AND OFFICES;
COMPLIANCE WITH ZON I NG
REG U LA T ION S
REQUIRED; YARDS
AND LOTS -~
REDUCTION
PROHIBITED;
LOT AREA
AND WIDTH --
A-S DISTRICT;
PERMITTED USES TO ALLOW OUTDOOR ACTIVITIES IN THE B-1
ZONE; PERMITTED
USES IN
THE B-3 ZO
NE TO INCLUDE
LABORATORIES
EXCEPT
ON THE
GROUND FLOOR;
CERTI FI CA TE
OF APPROPRIA TENESS
IN NEIGHBORHOOD
CONSERVATION
DISTRICTS;
CERTIFICATE
OF
APPROPRIATENESS IN
ENTRYWAY
CORRI DOR
OVERLAY
DISTRICTS;
WEEKEND PROJECTS
IN THE ENTRYWAY
CORRIDORS;
DESIGN CRITERIA
AND DEVELOPMENT
STANDARDS
FOR CERTIFICATES
OF APPROPRIATENESS;
ARCHITECTURAL GUIDELINES;
WATER AND SANITARY SEWER
SYSTEM REQU I REMENTS;
GLARE AND
LIGHTING; NOISE;
REQUIREMENTS FOR BICYCLE LANES; VARIOUS REQUIREMENTS
PERTAINING
TO LAN DSCAP I NG ;
PROPERTY FRONTAGE AND
DRIVE ACCESS STANDARDS;
PARKING IN
REQUIRED FRONT
OR SIDE
YARDS; PROVISIONS
FOR TERMINATION
OF
NON-CONFORMING USE;
PURPOSE STATEMENT
FOR DESIGN
REVIEW BOARD
AND DEVELOPMENT
REVIEW COMMITTEE;
SKETCH PLAN
SUBMITTAL
REQU I REMENTS; SITE
PLAN
SUBMITTAL REQUIREMENTS; SITE PLAN INFORMATION; BUILD-
ING DESIGN
INFORMATION; SUBMITTAL
REQU I REMENTS FOR
CERTIFICATES
OF APPROPRIATENESS;
RE-USE, CHANGE
IN
USE, OR FURTHER DEVELOPMENT OF SITES DEVELOPED PRIOR
TO THE ADOPTION OF THIS ORDINANCE;
DELETE TITLE OF
PLANNED UNIT DEVELOPMENT CHAPTER;
DEFINITION OF IN-
CIDENTAL SIGN; TABLE OF PERMITTED
SIGN CHARACTERIS-
TICS OF ZONING DISTRICT; AND SIGNS EXEMPT FROM REGU-
LATION; AND REPEALING SECTIONS 18.42.090, and 18.54.010,
AND ALL OTHER ORDINANCES AND PARTS THEREOF IN CON-
FLICT WITH THIS ORDINANCE.
PREAMBLE
The purpose of this code is to promote public health, safety and
general welfare for the City of Bozeman and its extraterritorial
zoning jurisdictional area by dividing the city and its surround-
ing area
into districts restricting and
regulating the location,
erection, construction,
reconstruction,
alteration and
use of
buildings, structures and land for trade,
industry,
residences
and other purposes; to provide for adequate transportation, wa-
ter, sewerage, schools, parks and other public requirements; to
regulate the intensity of the use of lot areas,
and to regulate
and determine the area of open spaces surrounding such build~
ings and structures; to
establish building lines and location of
buildings designed for specified industrial, business, residential
and other uses within such districts; to fix standards to which
bui Idings or structures
shall conform there;
to prohibit uses,
bui Idings or structures incompatible with the character of such
districts, respectively; to prevent additions to and a Iterations or
remodel ing of existing bui Idings or structures in such a way as
to avoid the restrictions and limitations lawfully imposed hereun-
der; to limit congestion in the public streets by providing
for
off-street parking and loading and unloading of vehicles; provid-
ing for the gradual elimination of non-conforming uses of land,
buildings and structures; to lessen congestion in the streets; to
secure safety from fire, panic and other dangers; to provide ad~
equate light and air; to
prevent the overcrowding of land and
undue concentration of people; to preserve historic buildings and
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structures;
to conserve established
neighborhoods; to
regulate
signs;
to provide methods for seeking deviations and
variances
to this ordinance;
and to provide penalties
for the violation of
this ordinance.
WHEREAS, the City Commission of the City of Bozeman
did, on the 3rd
day of September 1991 ,
after due and legal
proceedings, adopt Ordinance No.
1332, redrafting the zone code for the City of Bozeman; and
WHEREAS,
the City
Commission has solicited
public input concerning
amendments which are determined necessary to "fine tune" said code; and
WHEREAS,
copies of the entire unrevised sections of the zone code as
specified in the title above are attached as Exhibit "A"; and
WHEREAS,
the City has followed all due and legal proceedings to imple-
ment said amendments.
NOW,
THEREFORE, 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
the definitions of
"Design Review Board" ,
"De-
viation", and "Offices" of said section shall read as follows:
"Design
Review Board:
That Board appointed by the City Commission,
charged with the review of certain plans and proposals as specified in this or-
dinance.
The
Board shall consist
of six (6) professiona
I and (jft-€- -H- )
two (2)
non-professional members as follows:
Professional members degreed in their re-
spective disciplines or the substantial equivalent thereof -- four architects, one
architectural historian,
and one
landscape architect or
landscape designer;
Non-professional members -- 81"1 individual~ with a demonstrated interest in and
knowledge of urban design and/or historic preservation.
No member of the De-
sign Review
Board shall serve
concurrently as
a member of the
Bozeman
City-County Planning
Board. ::r-he- -l"'l"eseftt':-e- -of- -t-h-ree--f- 3- t - ~essmCtI-""fflefl'tber
s
8 t -a- -8-es+9 ft~ -Revtew -B"6fH"-d- "'ffle'eft1'l"9" -g.fiaH -emt51~ -s- -qttO'l"t:l nr.
A
quorum of the ORB
shall be three
members, of which two must
be
professional members, and one
of the professional members must be an archi-
tect."
"Deviation:
A modification
(j I" - ""'\f'"(t....i-utffrft - -o.f- -Nte - -p-t"OV"ts1 em
of physical
standards of this Ordinance as applied to a specific piece of property
located
within the
Neighborhood Conservation Overl
ay District or
Entryway Corridor
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Overlay District. No- -devta-tte-I"I-
f'e~ I"t9"" "'t;t3e' -e-f -pfflJ5er ty - ma-y-...e.e -l3ermi1 teef . A
deviation may be permitted only by the City Commission."
"Offices:
Structures, or portions of structures, in which commercial ac-
tivities take place but where goods are not produced, sold, or repaired.
These
include: general and professional offices;
governmental offices;
insurance of-
fices; real
estate offices; tax i -ca b offices -;--bt:tt--1"I6t--taxi--st-aR8S--:
(but not taxi
stands); travel
agency or transportation
ticket offices;
telephone exchange;
utility offices; radio broadcasting and similar uses."
All
other parts and
definitions of Sect ion
18.04.010 not specifically
amended above shall remain in full force and effect.
Section 2
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 bui Iding,
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 com-
mence unless it is in conformity with all of the regulations herein specified..... rer
tRe- elf!'ffit:1-i-rt-wf1-iefi-ft--i-s- <<a-teft. "
Section 3
That
Section 18.08.040 of the
Bozeman Municipal Code
be amended so
that such section shall read as follows:
"18.08.040 YARDS AND LOTS -- REDUCTION PROHIBITED
No yard or lot existing at the time of adoption of the
ordinance codified
in this title shall be reduced
in dimension or area below the minimum require-
ments of this ordinance except as set forth herein.
Yards or lots created after
the effective date of said ordinance shall meet at least the minimum requirements
established by this Ordinance."
Section 4
That subsection
B of Section 18.10.030
the Bozeman Municipal
Code be
amended so that Section 18.10.030.8. shall read as follows:
"B.
Cluster Development Option
This option is intended to encourage land reassemblage and clus-
ter development, or other planned development meeting the intent
of the
Rural Residential land
use classification of the
1990
Bozeman Area Master Plan Update.
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For developments using this option density bonuses over the one
dwelling unit per 20 acres may be permitted where the deve-lOpe1"
eontl"ofs land to
be subdivided consists
of at least twenty-five
(25) acres, and where the average net size of residential
lots is
limited to not
more than one (1)
acre, thereby maximizing
the
amount of land
remaining in agricultural
production or open
space.
Any development using
the Cluster Development Option
shall be
subject to the requirements of Figure 1, 'Cluster Density Bonus~
es. . However, additional density bonuses may be avai lable where
the proposed development enhances such as wildlife habitat, open
space corridors, ridge lines or riparian areas."
All other parts of Section 18.10.030 not specifically
amended above shall
remain in full force and effect.
Section 5
That
Section 18.28.020 of the
Bozeman Municipal Code
be amended so
that such Section shall read as follows:
"18.28.020 PERMITTED USES
Ar.-----A~+v~~e~-~hti+~~4+~~-~~~h+en-Bl"e~
-------f.-----€~~ete~-ene~-~1h+n-tr~~~~-not-~Fgel"-1~-~-~~-
S B n-d- -sqtta-I"e - fee-t- ~ n- -g-ros-s- -f-km.... -a-I"ea- .
Principal activities shall be limited to those which are completely enclosed within
a building not larger than five thousand square feet in gross floor area.
Ac~
cessory activities such as play areas associated with day care centers and patio
dining areas for restaurants shall be permitted outdoors subject to approval by
the appropriate reviewing authority.
Permitted uses in the B-1 district are as follows:
A. Principal Uses
Day Care centers
Apartments located on the second or subsequent floors
Essential services (type I)
Food stores, such as grocery stores, bakeries, etc.
Personal and convenience services
Restaurants (exclusive of drive-ins)
Retai I uses
B. Conditional Uses
Automobi Ie service station
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Chu rches
Essential services (type II)
Professional and business offices
Restaurants serving alcoholic beverages
Any use approved as part of a planned unit development subject to the
provisions of Section 18.54 of this Ordinance
C.
Accessory Uses
Fences
Signs, subject to Chapter 18.65
Refuse containers
Other buildings and structures typically accessory to permitted uses
Temporary building and yards incidental to construction work
Parking areas as required by Chapter 18.50"
Section 6
That subsection A of Section 18.32.020 of the Bozeman Municipa I Code be
amended so that Section 18.32.020.A. shall read as follows:
"18.32.020 PERMITTED USES
Permitted uses in the B-3 district are as follows:
A.
Principal uses
Ambulance service
Antique shop and store
Apartments, except on ground floor in "core area" as described above
Apparel and accessory store
Art galleries
Art supply stores
Audio-visual equipment sales and rental
Automobile parking lot or garage (public or private)
Auto supply store
Bakery for on-site sales, less than 4,000 square feet
Banks and other financial institutions
Barber shop
Beauty parlor
Bicycle sales, service and repair shop
Book and stationery store
Business and office machine sa les, service and repair shop
Butcher shops (retail sales only)
Candy and ice cream store
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Churches, except on the ground floor in "core area"
as described above
Cigar and tobacco store
Clothing and costume sales and rental shop
Community center or meeting hall
Convenience food store
Custom dressmaking, furrier, millinery or tailor shop
employing five
persons or less
Dancing or theatrical studio
Delicatessen and catering establishment
Department store
Dry goods and notion store
Dry cleaning and laundry establishment, for drop off-pick
up service
Essential services (type I) plus police and fire stations
Florist
Furniture store
Game rooms,
pool halls
Gift shop
Grocery store (including retail markets and produce
store)
Handicraft manufacturing, primarily for on-site retail
sales
Hardware store, no exterior storage
Health and exercise center
Hobby, and coin shop
Hotel or motel
Hunting and fishing supply store
I nterior decorator's shop
Jewelry and metal craft store
laboratories, research and diagnostic, except on ground
floor in "core
area" as described above
laundromat, self service
laundry, dry cleaning
Leather goods and luggage store
Libraries
Liquor store
lock and key shop
Mai I order catalog store
Medical, dental or health clinic, except on ground floor
in "core area" as
desc r i bed above
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Messenger or telegraph service station
Museum
Music and instrument sales, service and repair shop
Music or dance studio
Newspaper office
Newsstand
Offices, public or private, except on ground floor within the "core area"
as described above
Optician
Package liquor store
Paint and wallpaper store
Parking lots, except on ground level in "core area" as described above
Pawn shop
Pet shop
Pet grooming shop
Pharmacies
Photographic equipment and supply store
Photographic studio
Picture frame shop
Printing offices and publishing establishments
Private club, fraternity, sorority or lodge
Private schools, such as dance, business secretarial and technical, but
not private or public pre-school, elementary or secondary schools,
and not on ground floor in "core area" as described above
Public buildings
Radio or television sales, with/without service and repair
Radio and television studio, without transmission towers except on
ground floor within the "core area" as described above
Repair services for clothes, dolls, small appliances, watches, glasses and
such other items
Research laboratories, except on ground floor within the "core area" as
described above
Restaurants
Second hand stores
Sewing machine store
Shoe store
Shoe repair and shoe shine shop
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Sporting and athletic goods store
Tailor shop, less than 5 employees
Theatre, excluding drive-in theatre
Toy store
Travel agency
Upholstery shops, excluding on-site upholstering services of cars,
boats, trucks and other heavy equipment
Variety store
Wallpaper store
Watch repair shop
Wholesale establishments that use samples, but do not stock on premises"
All other parts of Section 18.32.020 not specifically amended above shall
remain in full force and effect.
Section 7
That Section
18.42.050 of the Bozeman
Municipal Code be amended
so
that this Section 18.42.050 shall read as follows:
"18.42.050
CERTIFICATE OF APPROPRIATENESS
A
Certificate of Appropriateness,
received from e i
th e r the Design Review
Board,
Planning Board, or the City Commission,
shall be required
before any
and all alterations(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 fo rth
in Chapter 18.58 of this
Ordinance. Application
procedures are as
follows: "
A.
No building. demolition, sign, conditional use, or moving permit shall be
issued within an Entryway Corridor unti I a Certificate of Appropriateness
has been issued by the Design
Review Board or the appropriate review
authority, and until final action on the proposal has been taken.
B.
Application and review procedures for proposals located within Entryway
Corridors are set forth in
Chapter 18.51 DESIGN
REVIEW BOARD AND
DEVELOPMENT REVIEW COMMITTEE.
Additionally, in order to accommodate limited, "weekend" type projects, a
Certificate may be applied for and issued without posting the property,
if the Administrative Officer and an architect on
the DRB approve and
sign the
application. "Weekend" type
projects may include such
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.
alterations as fencing, sidewalk and driveway construction, or removal of
dilapidated, unsafe structures.
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 Boa rd pursuant to the
pro-
visions of said Chapter. In
such event, the issuance of a
Certificate
shall be stayed until the appeal process has been satisfied. II
Section 8
That Section 18.42.090 of the Bozeman Municipal Code is hereby repealed
and declared null and void and of no effect.
See Exhibit IIAII attached hereto
for text of Section 18.42.090.
Section 9
CODIFICATION INSTRUCTION
That Section 18.42.090 of the Bozeman Mun ici pa I
Code be reserved for
future use.
Section 10
That Section 18.43.050 of the
Bozeman Municipal Code
be amended so
such section shall read as follows:
1118.43.050
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 alterations(s) other than repair as defined
in Chapter 18.42, are under~
ta ken
upon any structure in the Entryway Corridor.
For alterations not re-
quiring City Commission or Planning Board approval,
compliance with the Design
Review Board's decisions will be mandatory subject to
appeal to the City Com-
mission as set forth in Chapter 18.58 of this Ordinance.
Application procedures
are as follows:
A.
No building, demolition, sign, conditional use, or moving permit shall be
issued within an Entryway Corridor untif 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, IIweekend" type projects, a
Certificate may be applied for and issued without posting the property,
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f
if the Administrative Officer and an architect on the DRB approve and
sign the application.
"Weekend II type projects
may include such
al-
terations as fencing, sidewalk and driveway construction, or removal of
di lapidated, unsafe structures.
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 Boa rd
pursuant to the pro-
visions of said Chapter. In
such event, the issuance of a
Certificate
shall be stayed until the appeal process has been satisfied. II
Section 11
That the title of Section 18.43.060
of the Bozeman Municipal
Code be
amended so that such title shall read as follows:
"18.43.060
DESIGN CRITERIA AND
DEVELOPMENT STANDARDS
FOR--GER-
€-ER=r-l-R-c-A:r-E&-9F--APPHGP-R-I-A'f-ENES.s IN ENTRYWA
Y CORRIDORS"
All other parts of Section 18.43.060 not specifically amended above shall
remain in full force and effort.
Section 12
That the title of subsection C.6.b. of Section 18.50.020 of the Bozeman
Municipal Code be amended so that the title of Section
18.50.020.C.6.b.
shall
read as follows:
lib. Arclti-teehlf'e Architectural Guidelines"
All other parts of Section 18.50.020 not specifically amended above shall
remain in full force and effect.
Section 13
That subsection D of Section 18.50.030 of the Bozeman Municipal Code be
amended so that Section 18.50.030.0. shall read as follows:
"0.
Water and Sanitary Sewer System Requirements
1. Whenever any
building lots and/or
building sites are created
w-itRtr-t-any- -r&tif't9" -cli-9-tfle~ -~-'l:fte--€+ty
- HfIl"it3 , inside the City
limits, except for those lying within A-S or R-S zoning
districts,
and prior to the issuance of any bui Iding permits on
said lots or
sites,
central water distribution and central sanitary sewer
col-
lection systems,
public or private, shall be provided to the site.
eI-e-vdeped- -aRe- -t::t t-i..j.j-z-ecl- .
Each building site must
utilize and be
connected to both the central water distribution and central
sani-
tary sewer collection systems, public or private. II
2. These improvements shall be designed,
constructed and installed
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according to the standards and criteria as adopted by the
City
and approved by both the City Engineer and Water Superinten-
dent prior to the issuance of any building permits. II
All other parts of Section 18.50.030 not specifically
amended above shall
remain in full force and effect.
Section
14
That subsection A of Section 18.50.035 of the Bozeman
Municipal Code be
amended so that Section of 18.50.035.A. shall read as follows:
IIA. Glare and Lighting
1.
Deflection
Any lighting used to illuminate an off-street parking area, sign
or other structure, shall be arranged so as to deflect I ight down
and/or away from any adjoining residential district and shall not
detract from driver visibility on adjacent streets. In addition, all
lighting (except for security purposes)
shall be tu rned off be-
tween 11 p.m.
and 6 a.m. Exceptions will be granted to those
businesses which are operating during these hours.
2.
Light Standards
Lighting standards used
to illuminate off-street pa
rking areas
shall not exceed 20 feet or the height of the tallest building on
the lot, whichever is lower.
3-;-----f-ftreftsi-ty II
All other parts of Section 18.50.030 not specifically
amended above shall
rema in in full force and effect.
Sect
ion 1 5
That subsection
I . 1 of Section 18.50.035 of the Bozeman Municipal Code
be amended so that Section 18.50.035.1.1. shall read as follows:
III. Noise
1.
The maximum S6 ttftd- - f31"'eS"Sttre--1eve-I noise
level radiated
in each
standard octave band by any use or facility (other than
transportation
faci lities or temporary construction work), measured
at the site property
line, shall not exceed the values shown in the following
tables:
Octave Band Range in
Sound Pressure
Level in 2
Cycles per Second
Decibels rep. 002 dyne/em
Below 75
72
75-150
67
151-300
59
301-600
52
601-1200
46
1201-2400
40
2401-4800
34
Above 4800
3211
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All other parts of Section 18.50.035 not specifically
amended above shall
remain in full force and effect.
Section 16
That
subsection Q of Section
18.50.035 of the Bozeman Municipal
Code
be, amended so that Section 18.50.035. Q. shall read:
"Q. Bicycle Lanes Required
Wherever new streets or roads are to be developed as
a result of a de-
velopment proposal, or wherever existing
streets are required to be improved,
and upon
a recommendation from
the Bozeman Area
Bicycle Advisory Board
(BABAB) , the
developer Sflfl+l may
be required
to incorporate 3--t:o--4--fe0t
striped bicycle lanes along the shoulder meeting current AASHTO standards into
the design and construction or improvement of said streets or roads. II
All other parts of Section
18.50.35 not specifically amended above shall
remain in full force and effect.
Section 17
That subsection B of Section 18.50.100 of the Bozeman
Municipal Code be
amended so that Section 18.50.100.B. shall read as follows:
liB. I nterpretation and Scope
1.
The provisions of this section of the
Bozeman Zoning
Ordinance
shall apply to a lot or site when an application is being made for:
a. Site plan approval pursuant to Section 18.52 of this
Ordi-
nance;
b. Signs
pursuant to Section
18.65 of this Ordinance where
landscaping
is required.
c. Restoration
of a building that
has been damaged or
de-
stroyed
by fire, explosion, flood, tornado, riot, act of the
public
enemy, or accident of any kind.
For purposes of
this
paragraph, "restoration II
means the act of
putting
back
into a former or original state, only.
2.
Not withstanding the application of Section 18.50.100.B.1. above,
these provisions shall not apply to the following:
a. Lots containing only single family and/or residential
duplex
uses
when located outside Entryway Corridors, except that
such
lots shall be
subject to Section 18.50.100.D.5.e.
(Street
Frontage Landscaping).
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.______..___.__...._._n ._..
__, ._.._n___.' __,__.....
--,.
.
b.
Lots or sites within an approved planned unit development
which has been
approved with its own
landscape plan.
However, these provisions shall
be used as
the basis for
determining the landscaping plans
for future planned unit
developments and such planned unit development landscap-
ing plans shall
meet or exceed the
standards of these
landscape regulations.
e~-----t~9-or-5~~~~+H~~4;Rt~y~~orr~o~-or-~9~06
~~a~~~~~et~--~e~,-t~e5e-~~~Rs-~~~-be
tl5~~-t~e-~~a~-ba9~-~-~erffHR+Rg-~~-~~a~HT9
re~tHre~~-fo~-~e~e~5--~e~-~t~~-~~-eHs-
t~i-ct"5- -afOR 9""" -w~fi- ~r+ay- -cli-s..tr+et-""<.tb }ecNves - a ttti- -de-s-i-g-rt -o-b-
j-eet-i v-e- -p-I a R~.
€Ie.
Lots or Sites which are designed, reviewed and approved
-
according to the deviation provisions specified in Section
18.50.100.F.1I
All other parts of Section 18.50.100 not specifically amended above shall
remain in full force and effect.
Section
18
That subsection
D.3.d. of Section 18.50.100
of the Bozema n Municipal
Code be amended so that Section 18.50.100. D. 3. d. shall read:
lid.
Contents of Landscape Plan
A landscape plan
required pursuant to
this Zoning Ordi-
nance shall contain the following information:
(1) Date, scale, north arrow, and the names,
address-
es,
and telephone numbers
of both the property
owner and the person preparing the plan.
(2) Location of existing
boundary I ines and dimensions
of the lot,
the zoning classification of the lot, and
the zoning classification of adjacent properties.
A
vicinity map should also be attached on or made a
pa rt of the plan.
(3 ) Approximate centerl ines
of existing water
courses
and the location of any 100-year floodplain; the ap-
proximate
location of significant drainage
featu res;
and the location and
size of existing and proposed
streets and
alleys, utility easements,
utility lines,
- 13
-
-- -
--
----- -, ----- ----'.-
. .---.-...-.--.-
, <
.
driveways, and sidewalks on the lot and or adjacent
to the lot.
(4) Project name, street address, and lot and block de-
scription.
(5) Location,
height, and material of proposed screen-
ing and fencing
(with berms to be. delineated by 1
foot contours).
(6) Locations
and dimensions of
proposed
landscape
buffer strips.
(7) Complete
landscape legend providing
a description
of plant materials shown on the plan, including typ-
ical
symbols, names ( common
and botanical name)
,
locations,
quantities, container
or caliper sizes
at
installation,
heights, spread,
and spacing. The
location
and type of all
existing trees on
the lot
over 6 inches in caliper must be specifically indicat-
ed.
(8 ) Complete
description of landscaping
and screening
to
be provided in
or near off-street parking
and
loading
areas, including
information as to
the
amount
( in square feet)
of landscape area
to be
provided
internal to parking areas and the number
and
location of required
off-street parking
and
loading spaces.
(9 ) An indication of how existing healthy trees (if any)
are to be retained and protected from damage dur-
ing construction.
(10) Size,
height, location, and
material of
proposed
seating,
lighting, planters,
sculptures, and water
features.
( 11 ) A description of proposed watering methods.
(12) Location of visibility triangles on the lot (if applica-
ble) .
(13 ) Tabulation of "points" earned by the plan (see Sec-
tion 18.50.100.D.6.J.
(14 ) Designated snow removal storage areas.
- 14 -
-----
-....--..------.--. ---
(15 ) Complete
description and detai Is of
pavement,
curbs, sidewalks and gutters.
(16 ) Front and side elevations of buildings,
fences and
walls with height dimensions.
(17 ) Show location of existing and/or proposed drainage
facilities which are to be used for drainage control.
(18 ) Existing and proposed grade.
(19 ) Location,
dimension (size and height)
and use of
existing and proposed buildings,
fences and walls.
Show open stairways and other projections from ex-
terior building walls.
( 20) Table of landscape performance point totals as
per
Section 18.50.100.0.6.11
All other parts of Section 18.50.100 not specifically
amended above shall
remain in full force and effect.
Section 19
That subsection E of Section 18.50.100 of the Bozeman
Municipal Code be
amended so that Section 18.50. 1 00. E. shall read as follows:
liE. Landscaping of Public Lands
~~~~jr;ftBy,-at-~~~~ef~~,-aeee~t-~~~on~+bH+~-~~~;ftBHT~anee
Bn-d-~I""a-t-i01'T-of- -e-I f- -1tmcI-!ea~ i-r't9 - Bnd- -ap~ tjften'BflCe"S--1n-s-taHed--.j.fr-a-cco-rd-B-nee-wi tn
B ~-SHe"'-P-Ia"f'l"S"'""wHfttn- ti'l-e- p-t.,tb-He- r;.g.i'lt--c:tf-way.
An-y-....-eqtti....ed-..+a~tftg- - of- p-t.,tb-He -fan
ds- -wi'l+en--ha-9--not-b-een--aeee~ t-e6
~1""-~ntena~~-ti'le-~-1ty-~f--be-~fi{'B+ned-~-ti'le-~~-6f-tt=te-a~aeent
j':t1"6pef'tfe% .
Maintenance of landscaping installed within the boulevard
portion of the
public right-of-way, with the exception of tree trimming and tree removal, shall
be the responsibility of adjacent property owners.
The City shall accept re-
sponsibility for
the maintenance of all other required landscaping
installed in
accordance with approved Site Plans within the public right-of-way or on other
publ ic lands. II
All other parts of Section 18.50.100 not specifically
amended above shall
remain in full force and effect.
Section 20
That subsection B of Section 18.50.110 of the Bozeman
Municipal Code be
amended so that Section 18.50.110. B. shall read as follows:
liB. Drive Access From Improved Public Street or Alley Required
- 15 -
-- ...--
-.--"..-- ....-.-.-------
, ,
.
Except
as otherwise allowed
or required by
this Ordinance, primary
drive access to buildings on all lots shall be provided
from the abutting
improved public street or alley.
For purposes of this
Code, "improved
public street or alley" shall
in-
clude:
1.
any street or alley within the City of Bozeman constructed
to a
standard which
meets or exceeds
standards established by
the
City Engineering department;
2.
any street outside of the City of Bozeman within
the three mile
jurisdictional area constructed to a standard which meets or ex-
ceeds standards established by the County
Road Superintendent;
or
3.
esta-bHsfted constructed public streets which may not meet current
City or County
standa rds but which are constructed
to a stan-
dard which has historically provided an adequate level of service
to adjacent properties, which
level of service
would not be
de-
graded as a result of a pending development proposal. II
All other parts of Section 18.50.11 0 not specifically
amended above shall
remain in full force and effect.
Section 21
That subsection K of Section 18.50.120 of the Bozeman
Municipal Code be
amended so that Section 18.50.120.K. shall read as follows:
ilK. No Parking Permitted in Required Front or Side Yards
Required
parking spaces shall
not be located
in any required front
or
side yard, except fe-r that detached single-fami Iy dwellings and townhouses, and
duplexes with physically separated
individual driveways, -;---5-ift9"!e-fa-I'I'tHy--€!weH-
~S~-+A€!+vkj~B~-~A~-tlA+~~-a-A€!-~p~~-~tn-~s~~-se~~e€!-~A~-
V+€!tlfl+-~~S may
have one
space located within
a driveway area
in the
required front yard. II
All other parts of Section 18.50.120 not specifically
amended above shall
remain in full force and effect.
Section 22
That subsection B of Section 18.50.160 of the Bozeman
Municipal Code be
amended so that Section 18.50.160.B. shall read as follows:
liB. The
right to operate and maintain a non-conforming use shall terminate
when the structure or structures housing such use are
removed, razed,
or
damaged to an
extent of 50 percent of the structure's
fair market
- 16 -
~-
---
, ,
.
value as determined by the last equalized assessment
role of the County
of Gallatin.
However, in the event of damage by fire, wind, earthquake
or
other act of God to
the extent described above,
said structure or
structures and the
non-conforming use or uses housed
therein may be
re-established
through a Conditional
Use Permit procedure as set forth
in Chapter 18.53 of this ordinance."
All other parts of Section 18.50.160 not specifically
amended above shall
remain in full force and effect.
Section 23
That subsection A and subsection C of Section 18.51.010
of the Bozeman
Municipal Code
be amended
so that Section
18.51.010.A. and Sect ion
18.51.010.C. shall read as follows:
"A. Purpose
The Design Review Board and the Development Review Committee
are es-
tablished
to coordinate, expedite and assure fair,
equitable implementa-
tion of this ordinance.
The objective,
to be implemented through their
procedures and deliberations,
shall be to encourage development quality
that will enhance both the natural and built environments,
with full con-
sideration to present and future property values."
"C. Design Review Board Procedures Established
1.
The Board shall consist of six
(6) professional and OA-e--{+)
two
-
(2 ) non-professiona I members
as follows:
Professi ona J members
degreed in their respective disciplines or the substantial equiva-
lent thereof -- four architects,
one architectural historian,
and
one landscape architect
or landscape designer;
Non-professional
members -- BA--tAfflVffltfBI individuals with a demonstrated interest
in and knowledge of urban
design and/or historic
preservation.
No member of the Design Review
Board shall serve concurrently
as a member of the
Bozeman City-County Planning Boa
rd. =r-h€
~~~~f-tR~ee-~~~p~ofe~~-~e~-Bt-~-43es~R-~v~
B-oo-rd- -me eHn9' -:3"R8 H- et>ftStttti-re-"'iT -q-tfO ~ tfflr.
A quorum of the DRB shall be three members, of which two must
be professiona r members,
and one of
the professional members
must be an architect."
All other parts of Section 18.51.010 not specifically
amended above shall
remain in full force and effect.
- 17 -
.. -~
- "..-- ..--..-
..~ --...
.
Section 24
That subsection A of Section 18.52.020 of the Bozeman
Municipal Code be
amended so that Section 18.52.020.A. shall read as follows;
"A. Sketch Plan Submittal Requirements
A. Certain independent development proposals
(i. e. not in conjunction with
other development)
are required to submit only Sketch Plans, drawn to
scale and
in sufficient detail
to demonstrate compliance with all
zoning
requirements.
Sketch Plans shall
be oriented with north at the top of
the page and shall also show site boundaries, street
and alley frontages
with names,
and location of all structures with distances to the nearest
foot between buildings and from buildings to property
lines.
Separate construction plans are necessary for building
permits when the
proposal requires such permits.
Additional information is also necessary
when the proposal requires the issuance of a Certificate
of Appropriate-
ness (see Section 18.52.050).
Examples of independent projects which
qualify for Sketch
Plan Review
are:
individual single-fami Iy.!.. find
two-fami Iy, three-fami Iy ,
and
four-family units, re3fcle.RtifM-tj-n1h, each on individual
lots; mobile homes
on individual lots; fences; signs in compliance with
zoning requirements;
special temporary uses;
home occupations; and accessory structures as-
sociated with these uses.
Other simi lar projects may be determined
by
the Planning Director to require on Iy Sketch Plan Review.
The Planning
Director shall determine all submittal requirements.
II
All other parts of Section 18.52.020 not specifically
amended above shall
remain in full force and effect.
Section 25
That subsection D of Section 18.52.030 of the Bozeman
Municipal Code be
amended so that Section 18.52.030.D. shall read as follows:
liD. Site Plan Submittal Requirements
1. Applications for all Site Plan Approvals shall
be submitted to the Plan-
ning Office on forms provided by the Planning Director.
The Site Plan
application shall be accompanied by the appropriate
fee and development
plans showi
ng sufficient information
for the City
Commission, Planning
Board, Design Review Board, or Development Review Committee
to deter-
mine
whether the proposed
development wi II meet
the development
- 18 -
- .-.
--
---
. .---
~-~=,..,....".~--: ~.
. _._..,~,~
------.-
requirements of the City. Unless otherwise
specified, twenty (20) copies
of the application and required supplemental
information addressing the
following shall be submitted:
a. General Information
(1)
name of project/development;
(2)
location of project/development by street address and legal
description;
(3)
location map, including area within one-half mile of site;
(4)
name and mailing address of developer and owner;
(5)
name and mailing address of engineer/architect, landscape
architect and/or planner;
(6 )
date of plan preparation and changes;
(7)
north point indicator;
(8 )
suggested s.cale of 1" to 201, but not less than I" to 1 00';
(9)
list of names and addresses of property owners within two
hundred (200) feet of site, using last declared County real
estate tax records;
(10)
stamped, unsealed envelopes
addressed with
names of
above property owners;
( 11) zonin
g classification within two hundred (200) feet;
(12)
listing of specific land uses being proposed; and
(13 ) compl
ete, signed application.
b. Site Plan Information
The following
information is required whenever the requested in-
formation
pertains to: 1 )
zoning or other
regulatory require~
ments;
2) existing conditions on-site;
or 3) conditions on-site
which would result from the proposed development.
(1)
boundary line of property with dimensions;
(2)
location, identification and dimension of the following exist-
ing and proposed
data, on site and
to a distance of 100
feet outside Site Plan boundary unless otherwise stated:
(a) topographic contours
at a minimum interval
of two
feet, or as determined by the Planning Director
(b) adjacent streets and street rights-of-way to a dis-
tance of 150 feet, except for sites adjacent to major
arterial streets
where the distances
shall be 200
feet
- 19
-
..- ...--.--.-------
.
.
~,-"
(c) on-site streets and rights-of-way
(d) ingress and egress points
(e) traffic flow on~site
(f) traffic flow off-site
(g) uti lities and uti lity rights-of~way or easements:
( i) electric
( i i) natural gas
(iii) telephone, cable TV
(iv) water
( v) sewer (sanitary, treated effluent and storm)
(h) Parcel size 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 Ration, FAR),
with a breakdown by land use.
(k) Proposed coverage of buildings and structures
for
parcel(s) and total site, including the following:
( i ) Percentage and square footage of building
coverage.
( i i ) Percentage
and squa re footage
of driveway
and parking.
( i i i ) Percentage and square footage of open space
and / or landscaped area.
( I ) surface water holding ponds, streams and irrigation
ditches, watercourses, water bodies, and wetlands.
(m) Floodplains as designated on the Federal
Insurance
Rate Maps.
(n) grading and drainage plan, including provisions for
on-si te retention/ detention
and water quality
im-
provement fad I ities as
required by the City engi-
neering department,
or in com pi iance
with any
adopted storm drainage ordinance.
(0) significant rock
outcroppings, slopes of
greater
than 15%, or other significant topographic features
(p) detailed plan of all parking facilities:
including cir-
culation aisles,
access drives, bicycle
rac ks,
- 20 -
-------- -- ---
--.-----.---.-- . -.,.-----
.__n."'.
u..___........
----...---- ..
n_ .__
_._.__.__._~___ u____..__..__.___
.
~
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 wheel chair ramps,
parking
spaces, hand rails, and curb cuts
(s)
fences and walls, including typical details
(t)
exterior signs
(u)
exterior refuse collection
areas, including typical
detai Is
(v)
exterior lighting, including typical details
(w)
landscaping (detai led plan
showing plantings,
equipment, and other
appropriate information as
required in Section 18.50.100)
(i) landscape legend,
including botanical
and
common names of vegetation to be used
(i i) size of plantings
at time of planting
and at
maturity
(i i i ) areas to be irrigated
(x)
Unique natura I features.
significant wi Idlife areas.
and vegetative cover, including
existing trees and
shrubs having a
diameter greater than
two and
one-half (2 1/2) inches, by species.
(y)
snow storage areas
(z)
Location of municipal and extraterritorial boundaries
within or near the development
(zz)
Existing zoning.
(3) number of employee and non-employee parking spaces,
ex-
isting and proposed, and total square footage of each.
(4) site statistics including site square footage, non-residential
bui Iding square footage, percent of site coverage (bui
Iding
and parking),
net dwelling unit density, percent park or
open space.
(5 ) total numbe
r, type, and
density per type
of dwell ing
units,
and total gross residential density and density per
residential parcel.
- 21 -
----. .---.-.--. --.--.-.-
-------- - ------------
.
.
(6) a reproducible copy of the Site Plan with appropriate
sig-
natures shall be submitted upon approval.
c.
Building Design Information (On-Site)
(1 )
building heights and elevations of all exterior walls of the build-
ing(s) or structure(s).
frt----~~~~~~a-ee~~-3eM~~-ftT-be-~~--~T~~#~-~-~or-+R
erea~~-~-a~5~R-~~~~-~-~p~B~e-~-afta-e~~fttHe
~~M-~Me-area-~H-~~~~
f3t@ 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.
f~H3) floor plans depicting location and dimensions
of all proposed uses
and activities."
All other parts of Section 18.52.030 not specifically
amended above shall
remain in full force and effect.
Section 34
That subsection A of Section 18.52.050 of the Bozeman
Municipal Code be
amended so that Section 18.S2.0S0.A. 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 prior to granting or denying a Certificate of Appropri-
ateness. All materia Is to be submitted shall be prepared on a 8
1/2" X 11" paper and packaged or bound to fit a standard, letter
size fi Ie. Applications that involve more voluminous architectural
plans and specifications shall be accompanied by simplified sketch-
es, details and sup
porting documentation, on
letter size pa pe r ,
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
- 22 -
-.-----..-.
----...---.--
___.u__.__.
.
-~_.~.... ---....
"
.
necessary for the Design Review Board to make its determination.
At a
minimum, the following
items shall be included in the sub-
mission:
a.
Completed application on form provided by the City-County
Planning Office.
b.
One current picture
of each elevation of each
structure
planned to be altered and such additional pictures of the
specific elements of the structure or property to be altered
that will clearly express the nature and extent of change
planned. Except
when otherwise recommended,
no more
than eight (8)
pictures should
be submitted and all pic-
tu res 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 avai lable data such as pic-
tures, plans, authenticated verbal
records and similar re-
search 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 per-
taining to materials or color schemes shall be imposed un-
less approved by a unanimous vote
of the Design Review
Board members present at a regularly scheduled meeting.)
-e-f .
Plans, sketches, pictures,
specifications and ot
her data
-
that will
clearly express the
applicant's proposed al-
terations.
~9..
A schedule of planned actions that will lead to the complet-
ed alterations.
9~.
Such other
information as may
be suggested by the
City-County Planning Office.
., i .
It is further
suggested that the appl icant seek comments
-
from the neighborhood or area.
2. Entryway Overlay District
- 23 -
.. ---.--..--- ---.-....--.. . -----
...._...__._. ....._.._ . ..._.. .n ._._..__.. ...-.-.
-....
.---
---.--..
.
......-
Depending on the complexity of development,
either Sketch Plans
or Site Plans will be required as specified in this Chapter.
If the
proposal includes an
appl ication for a "deviation"
as
outl ined
in Section 18.43.080,
the appl ication for deviation shall be ac-
companied
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 qual ity and character
superior to that
pro-
duced 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
Re-
quirements
Independent sign
proposals (i.e. not
in conjunction with
other
development) which do not specifically conform to zoning require-
ments, are required to submit full Site Plans.
Additional site de-
sign information in sufficient detail to demonstrate compliance with
the Design
Objective Plan encompassing
the property's location
shall be
provided. If no Design O
bjective Plan has been
pre-
pared for the location, additional site
design information, if nec-
essary, shall be determined by the Design Review Board through
the design review process. II
All other parts of Section 18.52.050 not specifically
amended above shall
remain in full force and effect.
Section 35
That subsection C of Section 18.52.070 of the Bozeman
Municipal Code be
amended so that Section 18.52.070 shall read as follows:
IIC. Re~use, Change in Use, or Further Development of Sites
Developed Prior
to the Adoption of this Ordinance
Sites
legally developed prior to the adoption of this ordinance shall
be
considered
to have developed
under an approved
Plan. Proposals
for
re-use, change in use, or the further development of
sites legally devel-
oped
prior to the adoption
of this ordinance may be
approved by the
Planning Director upon finding that no significant alteration
of the pre-
vious use and site are proposed, and upon review by
the Publ ic Service
Director
to assure that adequate access
and site
surface drainage are
provided.
All such proposals shall be shown on a Plan drawing as re-
quired by the Planning Director.
- 24 -
~--- -- ---
u......__..___ --....-- ~.-
:"\
:/ '
The criteria for determining that no significant alteration
of the previous
use
and site will
result from the proposed
re-use, change in use,
or
further development of a site shall include but not
be limited to the fol-
lowing:
1.
The proposed use is allowed under the same Zoning District Use
Classification as the
previous use; however,
replacement of
non-conforming uses must comply
with the provisions
of Section
18.50.160.F.
r7 -----~-he-re--i"5-flt)--chenge-I'1"'~-f'f)f'- ..the-
-s-f'te-o-I"" -e:><: tel""tor-'t){- tA~-bt.ti+el-
~7--5rt9fir~ge"5-~Me-"5~~~6t-AeeeSSa1"'~~~-e6A5~el""ea-"5+g-
M+Rea~-a+~46M-~~"5-"5e-~~~~y-tAe-P~MA+A9-fHfeet6~7
2.
Changes proposed for the site, singly or cumulatively, do not in-
crease lot coverage by buildings,
storage areas, parking areas,
or impervious surfaces
by more than
twenty (20) percent,
nor
add more than twenty (20) percent in assessed value to the prop-
erty.
37-----~~-~~o-e~-kT-+RteR3~-6~-~"5e-~~ea"5~-b~~~l""k~
req1:ti re I'fteftt-, - -tre-f.fie- - gene-rat-tfiM -, - 'f)f'_ -17ther- -ffieftSt.tt"8'1e- -17ff--stte- - i-m-
f'ile-ts7
3.
Changes proposed for the site, singly or cumulatively, do not re-
sult in more than a twenty (20)
percent increase in intensity
of
use as measured by
parking requirements, traffic
generation or
other measurable off-site impacts.
4.
The proposed use does not continue any unsafe or hazardous con-
ditions previously existing
on the site
or associated with the
proposed use of the property.
If it is determined that the proposed re-use, change
in use, or further
development of a site contains significant alterations
to the previous use
and/or site, the application shall be resubmitted as
a new application and
shall be subject to all Plan review and approval provisions
of this Chap-
ter.
When proposals for re-use, change in use,
or further development of a
site
are located in
Entryway Corridor or Neighborhood
Conservation
Overlay
Districts, review by the Design
Review Board may be required
to determine whether resubmittal as a new application
is necessary. II
All other parts of Section 18.52.070 not specifically
amended above shall
remain in full force and effect.
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Section 36
That Section 18.54.010 of the Bozeman Municipal Code is hereby repealed
and declared null and void and of no effect. See Exhibit "A II attached hereto
for text of Section 18.54.010.
Section 37
CODIFICATION INSTRUCTION
That Section
Number 18.54.010 of
the Bozeman Municipal Code
be
reserved for future use.
Section 38
That Section 18.65.030 of the Bozeman Municipal Code DEFINITIONS AND
INTERPRETATIONS, be amended so that the definition of "incidental sign" of
said section shall read as follows:
"incidental sign: A sign, generally informational, that has a purpose secondary
to the use of the zone lot on which it is located, such as "no parking, II "en-
trance, II "Ioading only, II
"telephone, II 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 inci-
dental. II
All other parts of Section 18.65.030 not specifically amended above shall
remain in full force and effect.
Section 39
That Table 18.65.050.E.
of Section 18.65.050 of the Bozeman Municipal
Code be amended so that Table 18.65.050.E. of said section shall read as fol-
lows:
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.
.
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"
TABLE 18.6S.0S0.E PERMITTED SIGN CHARACTERISTICS BY ZONING DISTRICT
AS
R RM RH B-O
B-1 B-2 B-3 M BP
PLI HMU ON SR
d
Animated
N N
N N N N
N SR N N N
N N SR
S/SR
S/SR
Changeable Copy N
N N N
N N S S
S N S N
N SR
S/SR
b
Illumination,
Internal
Sa
a
N N N
N N S S
S S S SR
SR SR
S/SR S/SR
Illumination, b
pa a pa Sa
a
External
N N
P S S
S S S SR
SR SR
S/SR S/SR
Illumination, b
Exposed bulbs
c
or neon
N N
N N N N
SR S N N
SR SR SR
S/SR
S/SR S/SR
P : Allowed without sign permit
S : Allowed only with sign permit
N : Not allowed
SR : Allowed only with sign permit and certificate of
appropriateness
from
the Design Review Board (DRB).
S/SR : Allowed with sign permit only if in compliance
with all applicable stan
dards; allowed only with sign permit and Certificate of
Appropriateness if any
exceptions to specific conformity are requested.
a. No direct Light of significant glare from the
sign shall be cast onto any adjacent zone
Lot that is zoned and used for residential purposes.
b. Signs which are to be illuminated electrically
shall require a separate electrical permit
in conformity with the Electrical Code of the City of Bozeman.
c. Illumination
Illuminated signs must conform with the following requirements:
i. Any direct light used for the illumination of a sign shall be shielded so that the
beams or rays of light will not shine directly onto surrounding
areas.
ii. Neon light less than 30 milliamps may be direct, between 30 and 60 milliarnps must
be shielded or diffused, and above 60 milliarnps shall
be prohibited.
11i. Internal fluorescent sign lighting shall be limited to 800 milliamps.
iv. Signs in agricultural and residential zoning districts may be non-illuminated, in-
ternally illuminated or indirectly illuminated.
Illuminated signs, other than
identification signs, shall be turned off between the
hours of 11:00 p.m. and 7:00
a.m. unless illumination is required for safety purposes/
v. Signs in non-residential zoning districts may be indirectly, directly, or internal-
ly illuminated.
Any illuminated sign located within three hundred feet of any lot
in a residential zoning district and visible from said
lot shall be turned off no
later than 11:00 p.m. or one-half hour after the use to
which it is appurtenant is
closed, whichever is later, and remain off until 7:00
a.m., but this time limit
does not apply to any light primarily used for the protection
of the premises or
provisions of light for safety reasons.
Prohibited Lighting
i. Open light bulbs, excluding neon less than 30 milliarnps.
11. Blinking, flashing or rotating lights except in those situations in which atten-
tion-drawing devices are required to alert the public
to a potential hazard.
d. Movement Limitations
The movement of a sign or signs, or any parts thereof, shall be limited to two revo-
lutions, changes, or actions per minute and shall not be designed or operated in a manner
which will simulate blinking, flashing, or rotating lights."
All
other parts of Section
18.65.050 not specifically
amended above shall
rema i n in full
force and effect.
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.
Section 40
That the
introductory paragraph
of Section 18.65. 1 00
of the Bozeman
Municipal Code
be amended so
that this introductory
paragraph of Section
18.65.100 shall read as follows;
"18.65.100 SIGNS EXEMPT FROM REGULATION UNDER THIS ORDINANCE
The following signs shall be exempt from regulation under this ordinance:
Any public notice or warning required by a valid and applicable federal,
state of local law, regulation, or ordinance;
Any sign
inside a building,
not attached to a window or door,
that is
not legible from a distance of more than three feet beyond the lot line of
the zone lot or parcel on which such sign is located;
Works of a rt that do not
include a commercial
message; Hol iday
lights
and decorations with no commercial message, but only between November
15 and January 15; and Traffic control signs on private property,
such
as Stop, Yield, and similar signs,
the face of which meet Department of
Transportation standards
and which
contain no
commercial message of
any sort.
Temporary, non-illuminated
real estate
signs that
do not exceed
six
square feet
per face in
total area and six feet in
height and no more
than one such sign per street frontage.
Signs commonly associated with and limited to information and directions
related to the permitted use on the lot on which sign is located, but on-
ly if each such sign does not exceed two square feet,
including without
limitation such signs as
"no smoking II , II restroom II ,
"no solicitors", "self
service", and "vacancy".
Non-illuminated or indirectly
illuminated
signs that identify
items as
a
courtesy to customers such as credit cards accepted,
redemption stamps
offered, menus, or prices,
but no more than one sign of each use and
no more than two square feet per face or four square feet in total area;
such signs may be attached to the building as projecting or wall signs,
suspended from
a canopy,
or included as
an integral part of a
free-
-standing sign in commercial/industrial areas.
A flag, pennant, or insignia of any nation, organization of nations, state
county, city, religious, civic
or fraternal organization, or any education
- 28 -
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L.':J - ,.._~,..,-".-
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'II
-,
.Av-
December 1991.
.~
~~~~
Mayor Pro Tempore
ATTEST:
~.trl~
Clerk of the Commission
FI NALL Y PASSED AN D ADOPTED by the City Commission
of the City of
Bozeman,
Montana, at a regular meeting thereof held on the 23rd
day of
December
1991 .
RO Mayor
ATTEST:
~oi~
Clerk of the Commission
r
.
APPROVED AS TO FORM:
~
4
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