HomeMy WebLinkAboutGeneral Willson Building Site Plan and Certificate of Appropriateness Z-09235.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson C. Bristor, Associate Planner
Chris Saunders, Interim Planning Director
Chris Kukulski, City Manager
SUBJECT: General Willson Building Site Plan and Certificate of Appropriateness
Application – #Z-09235
MEETING DATE: June 7, 2010
AGENDA ITEM TYPE: Action Item.
RECOMMENDATION: That the City Commission preliminarily approves the General
Willson Site Plan and Certificate of Appropriateness application with the conditions of approval
and code provisions recommended by Staff.
BACKGROUND: Delaney and Co., Inc., represented by C&H Engineering and Surveying,
Inc., submitted the General Willson Building Site Plan and COA application to the Department
of Planning in December 2009. The application is requesting approval of the following exterior
alterations to, and adjacent to, the property addressed at 101 East Main Street: 1) expansion of
the pedestrian sidewalk into City right-of-way to accommodate a restaurant outdoor seating area,
2) elimination of on-street parking on the east side of North Black Avenue, 3) addition of
sidewalk/boulevard trees and lights in the expanded sidewalk, 4) addition of a partial
awning/canopy over the outdoor seating area, 5) addition of a fence/railing surrounding the
outdoor seating area, and 6) addition of a new exterior opening on the building’s west elevation.
No deviations are requested. The application includes the development of City-owned land and
is subject to approval by the City Commission upon review of the Development Review
Committee and other review bodies as may be required by this title.
The General Willson Building application was reviewed by the Development Review Committee
(DRC) for three weeks in January 2010. The DRC recommended approval of the proposal as
conditioned by Staff. From the DRC review, several policy issues were identified that required
further input and review by the City Commission prior to action on the application proposal.
The application was opened and continued a couple of times and eventually removed from the
table to allow the additional City Commission review. As the General Willson Building
application was temporarily put on hold, the City Commission approved the first and second
reading of Ordinance 1785, which includes amendments to the “Downtown Sidewalk
Encroachment Permit Program” to allow substantial and exclusive use encroachments in the
downtown area.
The General Willson Building application proposal is considered a substantial encroachment
under Ordinance 1785 and will be required to follow all the provisions of the ordinance (please
170
see condition #1 on page 3 of the attached staff report). On April 26, 2010, the City Commission
lifted the application from the table and scheduled it for final review and approval by the
Commission at a public hearing.
The recommended conditions of approval for this application begin on page 3 of the attached
staff report. The identified code provisions that are applicable for this application begin on page
7 of the attached staff report.
UNRESOLVED ISSUES: None identified.
ALTERNATIVES: The Commission may choose to delay the preliminary approval of the
General Willson Building Site Plan and Certificate of Appropriateness application until after the
effective date of Ordinance 1785, which is June 17, 2010.
FISCAL EFFECTS: A Site Plan and Certificate of Appropriateness application fee was
submitted by the applicant and processed as revenue to the Department of Planning and
Community Development.
Attachments: Staff Report
Report compiled on: June 2, 2010
171
CITY COMMISSION STAFF REPORT
GENERAL WILLSON BUILDING SITE PLAN/COA #Z-09235
General Willson Building Site Plan/COA Staff Report Page 1
Item: Zoning Application #Z-09235, a Site Plan and Certificate of
Appropriateness application, to requesting approval of the following
exterior alterations to, and adjacent to, the property addressed at
101 East Main Street: 1) expansion of the pedestrian sidewalk into
City right-of-way to accommodate a restaurant outdoor seating area,
2) elimination of on-street parking on the east side of North Black
Avenue, 3) addition of sidewalk/boulevard trees and lights in the
expanded sidewalk, 4) addition of a partial awning/canopy over the
outdoor seating area, 5) addition of a fence/railing surrounding the
outdoor seating area, and 6) addition of a new exterior opening on
the building’s west elevation. The property is zoned as “B-3”
(Central Business District) and is located within the Main Street
Historic District and the Neighborhood Conservation Overlay
District.
Owner: General Willson Building, LLC
101 East Main Street, Suite D
Bozeman, MT 59715
Applicant: Delaney & Co., Inc.
101 East Main Street, Suite D
Bozeman, MT 59715
Representative: C&H Engineering and Surveying, Inc.
1091 Stoneridge Drive
Bozeman, MT 59718
Date: City Commission Public Hearing: Monday, June 7, 2010 at
6:00 p.m. in the Commission Meeting Room, City Hall, 121 N. Rouse
Avenue, Bozeman, MT 59715.
Report By: Allyson C. Bristor, Associate Planner
Recommendation: Conditional Approval
____________________________________________________________________________________
PROJECT LOCATION
The General Willson Building project site is located at the northeast corner of the Black Avenue and
Main Street intersection. The site is addressed as 101 East Main Street and is legally described as Lot 1,
west 24.5 feet of Lot 2, Block E, Original Townsite, City of Bozeman, Gallatin County, Montana. The
property is zoned as “B-3” (Central Business District) and is located within the Main Street Historic
District and the Neighborhood Conservation Overlay District. Please see a project site map on the
following page.
172
PROJECT PROPOSAL
Delaney and Co., Inc. submitted a Certificate of Appropriateness (COA) application to the Department of
Planning for the subject property in September 2009. The application proposed exterior alterations to the
building, including new bronze awnings/canopies above the front and rear entrances and a covered
outdoor sidewalk seating area along Black Avenue. The bronze awnings/canopies were approved under
the COA application. With the approval, the applicant was informed that the Black Avenue public
sidewalk expansion and removal of on-street public parking for the outdoor restaurant patio is considered
further development of the site and requires a Site Plan/Certificate of Appropriateness application. This
current Site Plan and COA application is the applicant’s response.
Delaney and Co., Inc., represented by C&H Engineering and Surveying, Inc., submitted the General
Willson Building Site Plan and COA application to the Department of Planning in December 2009. The
application is requesting approval of the following exterior alterations to, and adjacent to, the property
addressed at 101 East Main Street: 1) expansion of the pedestrian sidewalk into City right-of-way to
accommodate a restaurant outdoor seating area, 2) elimination of on-street parking on the east side of
North Black Avenue, 3) addition of sidewalk/boulevard trees and lights in the expanded sidewalk, 4)
addition of a partial awning/canopy over the outdoor seating area, 5) addition of a fence/railing
surrounding the outdoor seating area, and 6) addition of a new exterior opening on the building’s west
elevation. No deviations are requested. The application includes the development of City-owned land
and is subject to approval by the City Commission upon review of the Development Review Committee
and other review bodies as may be required by this title.
The General Willson Building application was reviewed by the Development Review Committee (DRC)
for three weeks in January 2010. The DRC recommended approval of the proposal as conditioned by
Staff. From the DRC review, several policy issues were identified that required further input and review
by the City Commission prior to action on the application proposal. The application was opened and
continued a couple of times and eventually removed from the table to allow the additional City
General Willson Building Site Plan/COA Staff Report Page 2
173
Commission review. As the General Willson Building application was temporarily put on hold, the City
Commission approved the first and second reading of Ordinance 1785, which includes amendments to the
Downtown Sidewalk Encroachment Permit Program to allow substantial and exclusive use
encroachments in the downtown area.
The General Willson Building application proposal is considered a substantial encroachment under
Ordinance 1785 and will be required to follow all the provisions of the ordinance (please see condition #1
on page 3 of the attached staff report). On April 26, 2010, the City Commission lifted the application
from the table and scheduled it for final review and approval by the Commission at a public hearing.
RECOMMENDATION & CONDITIONS OF APPROVAL
The DRC reviewed the General Willson Building Site Plan and COA application requesting the approval
of the following exterior alterations to, and adjacent to, the property addressed at 101 East Main Street: 1)
expansion of the pedestrian sidewalk into City right-of-way to accommodate a restaurant outdoor seating
area, 2) elimination of on-street parking on the east side of North Black Avenue, 3) addition of
sidewalk/boulevard trees and lights in the expanded sidewalk, 4) addition of a partial awning/canopy over
the outdoor seating area, 5) addition of a fence/railing surrounding the outdoor seating area, and 6)
addition of a new exterior opening on the building’s west elevation. As a result, the DRC finds that the
application is in general compliance with the adopted Growth Policy and the City of Bozeman Unified
Development Ordinance and recommend to the City Commission approval of said application with the
conditions and code provisions outlined in this report. Based on the analysis contained within this staff
report, the following conditions of approval are recommended:
Conditions of Approval
Planning
1. This application proposal is subject to the provisions of Chapter 12.22 of the Bozeman
Municipal Code, including the revisions in Ordinance 1785 as finally adopted by the City
Commission. The applicant will state in writing that they will abide to the said
provisions with this proposal and this writing will be submitted with the final site plan
application. Materials demonstrating conformance with the provisions will be supplied
with the final site plan application.
2. Any expansion to existing Montana and Bozeman liquor licenses on the subject property
will require further review and approval by the City of Bozeman by submitting a
Conditional Use Permit application to the Department of Planning.
3. The existing bike rack shall be relocated to an area in the public sidewalk that is not less
than 15 feet from the building perimeter and the location shall be shown on a revised site
plan.
4. Ground elevation points of the proposed outdoor seating area shall be noted on a revised
site plan.
5. The proposed stairs for the outdoor seating area shall be shown on a revised site plan.
6. A north building elevation showing the outdoor seating area (including any and all stairs,
railings, awnings, etc.) shall be included in the final site plan application.
General Willson Building Site Plan/COA Staff Report Page 3
174
7. The proposed awning fixture(s) on the building’s west elevation shall be fully retractable
in design so that it is (they are) able to open and close, and this shall be noted on revised
building elevations.
8. The proposed awning(s) on the building’s west elevation shall be fabric in material, and
this shall be noted on revised building elevations.
9. The proposed awning(s) on the building’s west elevation shall not be internally lit from
underneath or behind, and this shall be noted on revised building elevations.
10. A scaled drawing of the railing detail shall be included in the final site plan application.
11. A color palette and materials board of all new construction materials (windows, doors,
awnings, etc.) shall be submitted with the final site plan application for final review and
approval by Administrative Design Review Staff. The materials and colors identified on
the palette and board shall cross reference with notes on the scaled drawings.
Engineering
12. The design, use and operation of the proposed sidewalk expansion and café shall occur in
adherence with Chapter 12.22 “Downtown Sidewalk Encroachment Permit Program” of the
Bozeman Municipal Code.
13. A single curb radius shall be constructed from the existing curb line on Main Street to the
proposed curb line on North Black Avenue in lieu of constructing a reverse curve.
14. The applicant is encouraged to install trees and street lights along North Black Avenue in
conformance with preliminary plans prepared by the Downtown BID. The applicant shall contact
the Director of the Downtown Business Partnership for assistance with this matter.
15. Street signs and curb painting along North Black Avenue shall be provided in accordance with
the preliminary plans prepared by the Downtown BID and shall conform to MUTCD
requirements.
16. A construction encroachment permit shall be obtained from the City Engineering Department
prior to utilizing North Black Avenue right-of-way for construction purposes.
17. An encroachment permit shall be obtained from the Montana Department of Transportation prior
to utilizing Main Street right-of-way for construction purposes.
ZONING DESIGNATION & LAND USES
The subject property is zoned “B-3” (Central Business District). The intent of the “B-3” zoning district is
to provide a central area for the community’s business, government service and cultural activities.
The subject property is surrounded by a mix of downtown businesses including retail, services,
restaurants and offices. All adjacent properties are zoned “B-3.”
General Willson Building Site Plan/COA Staff Report Page 4
175
ADOPTED COMMUNITY PLAN DESIGNATION
The property is designated as “Community Core” in the Bozeman Community Plan. The traditional core
of Bozeman is the historic downtown. This area has an extensive mutually supportive diversity of uses, a
strong pedestrian and multi-modal transportation network, and a rich architectural character. Essential
government services, places of public assembly, and open spaces provide the civic and social core of
town. Residential development on upper floors is well established. New residential uses should be high
density. The area along Main Street should be preserved as a place for high pedestrian activity uses, with
strong pedestrian connectivity to other uses on nearby streets. Users are drawn from the entire planning
area and beyond. The intensity of development is high with a Floor Area Ratio well over 1. Future
development should continue to be intense while providing areas of transition to adjacent areas and
preserving the historic character of Main Street.
REVIEW CRITERIA & FINDINGS
The Department of Planning & Community Development reviewed this Site Plan and COA application
against the relevant chapters of the Unified Development Ordinance (UDO), and as a result offers the
following initial comments below. The findings outlined in this report include comments and
recommended conditions provided by the DRC.
Section 18.28.050 “Standards for Certificates of Appropriateness”
A. All work performed in completion of an approved Certificate of Appropriateness shall be in
conformance with the most recent edition of the Secretary of Interior’s Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring
and Reconstructing Historic Buildings (Published 1995), published by U.S. Department of
the Interior, National Park Service, Cultural Resource Stewardship and Partnerships,
Heritage Preservation Services, Washington, D.C. (available for review at the Department
of Planning).
With the design analysis below, Administrative Design Review (ADR) Staff finds the proposal as
conforming to the Secretary of Interior’s Standards.
B. Architectural appearance design guidelines used to consider the appropriateness and
compatibility of proposed alterations with original design features of subject structures or
properties, and with neighboring structures and properties, shall focus upon the following:
1. Height;
The proposed height of the outdoor seating area does not exceed the building’s first floor
height and is therefore appropriate for the building. The new awning on the west
elevation is appropriately placed at a height below the first floor windows.
2. Proportions of doors and windows;
The new door proposed on the west elevation is appropriately centered below a pair of
first floor windows. Staff is requiring more information on the door and transom window
materials with condition #11 (as listed on page 4 of this report).
3. Relationship of building masses and spaces;
General Willson Building Site Plan/COA Staff Report Page 5
176
Staff finds the proposed outdoor seating area as appropriate in scale and arrangement for
the building. The seating area is located so it does not interfere with the building’s large
storefront windows. The seating area will be designed to coordinate with the grade of the
building’s first floor. A clear pedestrian aisle is provided alongside the outdoor seating
area, in addition to boulevard trees and street lights.
4. Roof shape;
Not applicable. No change in roof shape proposed.
5. Scale;
Staff finds the proposed outdoor seating area as appropriate in scale and arrangement for
the building. The seating area is located so it does not interfere with the building’s large
storefront windows. The seating area will be designed to coordinate with the grade of the
building’s first floor. A clear pedestrian aisle is provided alongside the outdoor seating
area, in addition to boulevard trees and street lights.
6. Directional expression;
The outdoor seating area appropriately parallels the length of the building along Black
Avenue. A clear pedestrian aisle is provided alongside the outdoor seating area.
7. Architectural details;
All of the building’s windows are preserved with this proposal. The architectural
detailing of the new awning and railing will be clarified with the final site plan submittal
because the applicant is required to submit a detailed color palette and materials board for
final review by ADR Staff (per condition #11 on page 4 of this report).
8. Concealment of nonperiod appurtenances;
If new mechanical equipment is proposed with the restaurant use, it must be fully
screened. Screening details of all proposed mechanical equipment will be required with
the final site plan submittal.
9. Material and color schemes.
With the final site plan submittal, the applicant is required to submit a detailed color
palette and materials board for final review by ADR Staff (per condition #11 on page 3 of
this report).
C. Contemporary, nonperiod 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 the surrounding
structures.
The architectural design appearance comments listed above address the proposal’s compatibility
with the historic Main Street corridor.
General Willson Building Site Plan/COA Staff Report Page 6
177
D. When applying the standards of subsections A-C, the review authority shall be guided by
the Design Guidelines for the Neighborhood Conservation Overlay District which are
hereby incorporated by this reference. When reviewing a contemporary, non-period, or
innovative design of new structures, or addition to existing structure, the review authority
shall be guided by the Design Guidelines for the Neighborhood Conservation Overlay
District to determine whether the proposal is compatible with any existing or surrounding
structures.
The Introduction, Chapters 2, 4 and 5, and the Appendix of the Design Guidelines for Historic
Preservation & the Neighborhood Conservation Overlay District all apply to this project, as the
project is deemed as “alteration of a contributing property” in the Main Street Historic District.
ADR Staff performed an evaluation of the applicant’s proposal following the recommended
guidelines and offers the architectural appearance design comments listed above.
E. Conformance with other applicable development standards of this title.
Based on the requirements outlined in Chapters 18.28 and 18.34 of the Bozeman Unified
Development Ordinance, ADR Staff has provided comments in this report to comply with the
“Site Plan and Master Site Plan Review Criteria.”
Section 18.34.090 “Site Plan and Master Site Plan Review Criteria”
In considering applications for site plan approval under this title, the Planning Director, City Commission,
DRC, and when appropriate, the ADR staff, the DRB or WRB shall consider the following:
A. Conformance to and consistency with the City’s adopted growth policy;
The development proposal is in conformance with the Bozeman Community Plan including the
“Community Core” land use designation.
B. Conformance to this title, including the cessation of any current violations;
The applicant must comply with all provisions of the Bozeman Municipal Code, which are
applicable to this project prior to receiving final site plan approval. The applicant is advised that
unmet code provisions, or code provisions that are not specifically listed as conditions of
approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of
the Bozeman Municipal Code or state law.
Planning
• Section 18.34.130, “Final Site Plan,” no later than six months after the date of approval of a
preliminary site plan or master site plan, the applicant shall submit to the Department of
Planning seven (7) copies of a final site plan application. The final site plan application shall
contain all of the conditions, corrections and modifications approved by the Department of
Planning.
• Section 18.34.130, a Building Permit must be obtained prior to the work, and must be
obtained within one year of final site plan approval. Building Permits will not be issued until
the final site plan application is approved. Minor site surface preparation and normal
General Willson Building Site Plan/COA Staff Report Page 7
178
maintenance shall be allowed prior to submittal and approval of the final site plan application,
including excavation and footing preparation, but NO CONCRETE MAY BE POURED
UNTIL A BUILDING PERMIT IS OBTAINED.
• Section 18.34.130, upon submitting the final site plan application for approval by the City
Commission, and prior to the issuance of a building permit, applicant shall also submit a
written narrative outlining how each of the above conditions of approval and code provisions
have been satisfied or met.
• Section 18.38.050.F, “Accessory Buildings, Uses and Equipment,” all mechanical
equipment shall be screened. Rooftop equipment should be incorporated into the roof form
and ground mounted equipment shall be screened with walls, fencing or plant materials.
• Section 18.42.150, “Lighting,” all proposed site and building lighting shall comply with said
Section requirements. A detailed lighting plan shall be included with the final site plan
submittal.
• Chapter 18.46, “Parking,” all proposed parking affiliated with the project, both on- and off-
site, shall comply with said Chapter requirements.
• Chapter 18.52, “Signs,” all new signs will be required to meet the said Chapter
requirements.
• Section 18.64.100, “Building Permit Requirements,” a Building Permit must be obtained
prior to the work, and must be obtained within one year of final site plan approval. Building
Permits will not be issued until the final site plan application is approved.
• Section 18.64.110, “Permit Issuance,” states that no permit or license shall be issued unless
the use, arrangement and construction has been set forth in such approved plans and
applications.
Engineering
a. Plans and specifications for any water, sewer and/or storm sewer main extensions and Public
Streets (including curb/gutter and sidewalks) prepared by a Professional Engineer (PE) shall
be provided to and approved by the City Engineer. Water and sewer plans shall also be
approved by the Montana Department of Environmental Quality. The applicant shall provide
Professional Engineering services for construction inspection, post-construction certification
and preparation of mylar record drawings. Specific comments regarding the existing and
proposed infrastructure shall be provided at that time. Construction shall not be initiated on
the public infrastructure improvements until the plans and specifications have been approved
and a pre-construction conference has been conducted.
b. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed
to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by
the City Engineer. The plan must demonstrate adequate site drainage (including sufficient
spot elevations), stormwater detention/retention basin details (including basin sizing and
discharge calculations and discharge structure details), stormwater discharge destination, and
a stormwater maintenance plan.
General Willson Building Site Plan/COA Staff Report Page 8
179
General Willson Building Site Plan/COA Staff Report Page 9
c. The final site plan submittal shall be adequately dimensioned and labeled with a legend of
linetypes and symbols used provided.
d. Easements and right-of-way located on and adjacent to the site shall be depicted and labeled
appropriately. Distinction between proposed and existing easements shall be made. Any
proposed easements shall be provided prior to final site plan approval.
e. The location of existing and proposed water/sewer services shall be properly depicted.
Proposed utilities shall be distinguishable from existing and shall be approved by the
Water/Sewer Superintendent.
f. Water/sewer mains, services and hydrants shall be depicted on the landscape plan and
maintain a minimum horizontal separation of 10’ to landscape trees and lighting
improvements.
g. A Street Cut Permit shall be obtained from the Engineering Department prior to cutting any
publicly maintained street.
h. Typical curb details and typical paving section detail shall be provided to and approved by
the City Engineer.
i. Street vision triangles shall be shown per City development standards and be free of trees.
j. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the
Unified Development Ordinance. This shall be submitted as part of the final site plan
application for site developments, or with infrastructure plans for subdivisions. It shall be the
responsibility of the applicant to ensure that the construction traffic follows the approved
routes.
k. All construction activities shall comply with section 18.74.020.A.2 of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee as allowed for under this
section at any time during the construction to ensure any damages or cleaning that are
required are complete. The developer shall be responsible to reimburse the City for all costs
associated with the work if it becomes necessary for the City to correct any problems that are
identified.
180
C. Conformance with all other applicable laws, ordinances, and regulations;
The proposal conforms to all other applicable laws, ordinances, and regulations. At the time of
final site plan submittal, the materials are further evaluated against the requirements of the
International Building Code (IBC) at the time application is made for a Building Permit.
D. Relationship of site plan elements to conditions both on and off the property;
Staff finds the proposed outdoor seating area as appropriate in scale and arrangement for the
building. The seating area is located so it does not interfere with the building’s large storefront
windows. The seating area will be designed to coordinate with the grade of the building’s first
floor. A clear pedestrian aisle is provided alongside the outdoor seating area, in addition to
boulevard trees and street lights.
E. The impact of the proposal on the existing and anticipated traffic and parking conditions;
The proposal is considered a substantial encroachment that does require the loss of all on-street
parking on the portion of Black Avenue that is adjacent to the subject property. This loss of
parking will be addressed prior to or with the final site plan application.
As stated in Ordinance 1785 (attached to this report), substantial encroachments involving the
elimination of any on-street parking within that area of the B-3 zoning district regulated under
this chapter shall provide the following:
1. Parking Commission approval; and
2. Compensation shall be provided for each on-street parking space eliminated from the
Downtown Business District parking inventory in accordance with the following
schedule:
a. A one-time payment of five-thousand dollars ($5,000) per eliminated space.
Payment shall be provided prior to final approval of the proposal under Title 18
BMC; or
b. Applicant may elect to pay for the eliminated space over a period of time not
more than 10 years, making equal monthly payments of principal and interest.
Interest will be charged at a rate equal to the current yield of the 10-year US
Treasury Note at the time the space is eliminated against a $5,000 principal
amount.
F. Pedestrian and vehicular ingress and egress;
A new door entrance is proposed on the west elevation and will only be used by employees of the
business occupying the outdoor seating area. A clear pedestrian aisle is provided alongside the
outdoor seating area, in addition to boulevard trees and street lights.
G. Landscaping, including the enhancement of buildings, the appearance of vehicular use,
open space, and pedestrian areas, and the preservation or replacement of natural
vegetation;
No landscaping performance points are required for this property because it sits within the core
area of “B-3” zoning. The applicant is encouraged to install trees and street lights along North
Black Avenue in conformance with preliminary plans prepared by the Downtown BID. The
General Willson Building Site Plan/COA Staff Report Page
10 181
applicant shall contact the Director of the Downtown Business Partnership for assistance with this
matter.
H. Open space;
The proposal does not include a residential component, so no open space square footage is
required.
I. Building location and height;
Not applicable. No change to building location or height is proposed.
J. Setbacks;
The proposal includes a substantial encroachment into City right-of-way and must abide by the
provisions in Ordinance 1785, which include amendments to the “Downtown Sidewalk
Encroachment Permit Program.”
K. Lighting;
Details for any and all proposed light fixtures on the building are required at time of final site
plan submittal by submitting a lighting plan.
L. Provisions for utilities, including efficient public services and facilities;
The Engineering conditions require the applicant to confirm that all water, sewer, and storm
sewer infrastructure to the building is undamaged and operational. This includes but is not
limited to sewer cleanout, curb stops, back flow preventers, and the service lines themselves.
M. Site surface drainage and stormwater control;
Engineering is requiring that a single curb radius shall be constructed from the existing curb line
on Main Street to the proposed curb line on North Black Avenue in lieu of constructing a reverse
curve (per condition #13 on page 4 of this report).
Engineering also includes a code provision requiring that a Stormwater Drainage/Treatment
Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and
other pollutants must be provided to and approved by the City Engineer. The plan must
demonstrate adequate site drainage (including sufficient spot elevations), stormwater
detention/retention basin details (including basin sizing and discharge calculations and discharge
structure details), stormwater discharge destination, and a stormwater maintenance plan.
N. Loading and unloading areas;
As required by Engineering, street signs and curb painting along North Black Avenue shall be
provided in accordance with the preliminary plans prepared by the Downtown BID and shall
conform to MUTCD requirements (per condition #15 on page 4 of this report). This requirement
will ensure the public knows parking is no longer available on Black Avenue.
O. Grading;
General Willson Building SP/COA Staff Report Page 11
182
Engineering also includes a code provision requiring that a Stormwater Drainage/Treatment
Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and
other pollutants must be provided to and approved by the City Engineer.
P. Signage;
All new signage proposed for the building will require a separate Bozeman Sign Permit and
Certificate of Appropriateness application before its installation.
Q. Screening;
If new mechanical equipment is proposed with the restaurant use, it must be fully screened.
Screening details of all proposed mechanical equipment will be required with the final site plan
submittal.
R. Overlay district provisions;
The project was reviewed under the Certificate of Appropriateness (COA) Standards, as required
for all projects within the Neighborhood Conservation Overlay District.
S. Other related matters, including relevant comment from affected parties;
No public comment was received in the Department of Planning in regards to this proposal.
T. If the development includes multiple lots that are interdependent for circulation or other
means of addressing requirement of this title, whether the lots are either:
a. Configured so that the sale of individual lots will not alter the approved configuration or
use of the property or cause the development to become nonconforming;
b. The subject of reciprocal and perpetual easements or other agreements to which the City
is a party so that the sale of individual lots will not cause one or more elements of the
development to become nonconforming.
Not applicable.
PUBLIC COMMENT
The General Willson Building Site Plan and COA application was publicly noticed twice to ensure
adequate public notification of the proposal. No public comment was received in the Department of
Planning in regards to this proposal.
CONCLUSION
The DRC reviewed the General Willson Building Site Plan and COA application to allow the following
exterior alterations to, and adjacent to, the property addressed at 101 East Main Street: 1) expansion of the
pedestrian sidewalk into City right-of-way to accommodate a restaurant outdoor seating area, 2)
elimination of on-street parking on the east side of North Black Avenue, 3) addition of
sidewalk/boulevard trees and lights in the expanded sidewalk, 4) addition of a partial awning/canopy over
the outdoor seating area, 5) addition of a fence/railing surrounding the outdoor seating area, and 6)
addition of a new exterior opening on the building’s west elevation. As a result, the DRC finds that the
General Willson Building SP/COA Staff Report Page 12
183
General Willson Building SP/COA Staff Report Page 13
application is in general compliance with the adopted Growth Policy and the City of Bozeman Unified
Development Ordinance and recommend to the City Commission approval of said application with the
conditions and code provisions outlined in this report. The applicant must comply with all provisions of
the Bozeman Municipal Code, which are applicable to this project, prior to the commencement of use.
Attachments: Applicant’s Submittal Materials
Draft Ordinance 1785
Report Sent To: Delaney & Co., Inc., 101 East Main Street, Suite D, Bozeman, MT 59715
C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT
59718
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
ORDINANCE NO. 1785
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING CHAPTER 22 OF TITLE 12, DOWNTOWN SIDEWALK
ENCROACHMENT PERMIT PROGRAM, OF THE BOZEMAN MUNICIPAL CODE
TO ALLOW FOR NON-SUBSTANTIAL, SUBSTANTIAL AND EXCLUSIVE USES IN
PUBLIC RIGHT-OF-WAY OF THE DOWNTOWN BUSINESS DISTRICT.
WHEREAS, the City of Bozeman has adopted a growth policy identifying the
Bozeman downtown area as important to community character and economic development
policy; and
WHEREAS, the City of Bozeman has adopted a downtown Bozeman neighborhood
plan identifying Bozeman’s historic core as unique for the region and should be used to increase
economic competiveness; and
WHEREAS, the City of Bozeman has adopted a Downtown Sidewalk Encroachment
Permit Program which regulates and controls private uses and encroachments occurring upon
public rights of way sidewalk businesses and advertising in the Downtown Business District;
and
WHEREAS, the City of Bozeman has adopted a Downtown Sidewalk Encroachment
Permit Program that is fair and equitable and that will enhance the overall appearance, ambiance
and environment of in the Downtown Business District; and
WHEREAS, the City of Bozeman has adopted a Downtown Sidewalk Encroachment
Permit Program that serves and protects the health, safety and welfare of the general public; and
WHEREAS, at its public hearing, the City Commission found that the proposed
Bozeman Municipal Code amendment would be in compliance with applicable statutes and
would be in the public interest.
1
200
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana, upon a vote of ____ to ____, that:
Section 1
Chapter 12.22 of the Bozeman Municipal Code be amended as follows:
12.22.010 Purpose and Intent.
It is the intent of the City Commission, in enacting this ordinance to:
A. Serve and protect the health, safety and welfare of the general public;
B. Establish a uniform set of rules and regulations for Regulate and control private uses and
encroachments occurring upon public rights of way sidewalk businesses and advertising in the
Downtown Business District of the City of Bozeman by establishing distinct criteria to permit
and/or approve Non-Substantial Encroachments, Substantial Encroachments, and Exclusive Uses
as defined under this Chapter; that are fair and equitable; and
C. Develop a fair and equitable program that will enhance the overall appearance, ambiance
and environment of in the Downtown Business District of the City of Bozeman.
(Ord. No. 1567 § 2(12.22.010), 9-9-2002)
12.22.020 Definitions.
For the purposes of enforcement of this chapter, the following definitions apply:
A. “Block Face” means one side of a street between two consecutive intersecting rights of
ways, including alleys; that portion of all city sidewalks fronting the streets along Mendenhall,
Main, and Babcock Streets and lying between avenues running in a north-south direction.
B. “Downtown Business District” means those areas of the B-2 and B-3 zoning district of
the City of Bozeman located on or between the north side of Lamme Street and the south side of
Olive Street and on or between the east side of Broadway Avenue and west side of 3rd Avenue;
C. “Commercial Use” means any activity involving the sale of goods or services carried out
for profit;
DB. “Director” means the Director of Public Service and includes the Director’s authorized
representative;
EC. “Encroachment” means any fixture or device including but not limited to a showcase,
table, bench, rack, handcart, pushcart, sign, portable sign,or stall, newspaper dispensers and
publication racks, seating area, fence, barrier, or partition which intrudes into or invades the
public right of way;
2
201
F. “Exclusive Use” means any act undertaken by a private entity upon the public right of
way of the Downtown Business District that excludes the public from their normal use and
enjoyment of the public right of way;
G. “Non-Substantial Encroachment” means any encroachment occurring upon the public
right of way of the Downtown Business District that is temporary and mobile in nature and does
not modify the material components of the public right of way;
H. “Permanent” means a period of six months or more;
ID. “Portable Sign” means any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including but not limited to signs
designed to be transported by means of wheels and signs converted to A- or T-frames; as defined
by 18.65.020 which is set in the public right of way.
JE. “Public Right of Way” means any area legally open to public use including but not
limited to, and projecting vertically skyward above, public streets, sidewalks, roadways,
highways, parkways, alleys, or parks as well as areas surrounding and immediately adjacent to
public buildings;
K. “Public Use” means any normal use of the public right of way as distinguished from
‘exclusive use’ as defined under this chapter;
L. “Side Street” means all streets within the Downtown Business District that run in a north-
south direction.”
MF. “Sidewalk” means all that area legally open to public use as a pedestrian public way
between the curb line and the legal building line of the abutting property;
NG. “Sidewalk Café” means any group of tables, chairs, benches, barriers or partitions, trash
containers and suitable decorative devices maintained upon any part of the public right of way
for use by an establishment with a valid food and drink permit in the sale to the public of food,
refreshments, and beverages of all kinds and is not a sidewalk vending cart;
OH. “Sidewalk Display” means any showcase, table, bench, rack, sign, stall, kiosk, or any
other fixture or device used for the purpose of displaying, exhibiting, carrying, transporting,
storing, selling, or offering for sale any food, beverage, goods, wares, merchandise, event, or
service upon a sidewalk;
PI. “Sidewalk Vending Cart” means any handcart, pushcart, stall, or any other mobile device
that is used for the purpose of displaying, exhibiting, carrying, transporting, storing, selling, or
offering for sale any food, beverages, goods, wares, or merchandise upon a sidewalk;
3
202
QJ. “Special Event” means any occasion including but not limited to fairs, shows,
exhibitions, city-wide celebrations, and festivals taking place within a specifically defined area
of the City of Bozeman; and
R. “Substantial Encroachment” means any encroachment that creates a permanent physical
reduction in existing asphalt width to streets in the Downtown Business District except for
intersection curb bulbs installed for traffic calming or pedestrian safety purposes;
S. “Temporary” means a period of six (6) months or less.
(Ord. No. 1567 § 2(12.22.020), 9-9-2002; Ord. No. 1692 § 1, 2-12-2007)
12.22.030 Encroachment on Public Right of Way – Prohibited.
Except as otherwise provided by this Code, it is unlawful to obstruct the public rights of way of
the Downtown Business District with debris, encumbrances or encroachments of any kind which
hamper or interfere with the free and safe use or passage by the public.
(Ord. No. 1567 § 2(12.22.030), 9-9-2002)
12.22.040 Exception – Downtown Business District.
Vendors doing business in the Downtown Business District on or between the north side of
Mendenhall Street and south side of Babcock Street and on or between the east side of Third
Avenue and the west side of Broadway Avenue shall be allowed to use City sidewalk as
provided in this chapter.
(Ord. No. 1567 § 2(12.22.040), 9-9-2002)
12.22.050 Non-Substantial Encroachments -- Permit Required.
Upon application, the Director may authorize, subject to specific conditions as determined by the
Director, non-substantial encroachments to occur upon the use of the City’s sidewalks in the
Downtown Business District. Each permit must be renewed on an annual basis and the Director
shall have the right to refuse to renew any permits issued. area described in 12.22.040. All
applications for non-substantial encroachments must include:
A. A completed City of Bozeman Downtown Sidewalk Encroachment Revocable Permit
Public Right-of-Way Encroachment Revocable Permit application form including any necessary
supporting materials; the name of the applicant, name of the business, address upon which the
encroachment will be located, a current mailing address and telephone number. Each permit
must be renewed on an annual basis and the Director of Public Service shall have the right to
refuse to renew any permits issued under this chapter;
B. A letter of support from the owner(s), operator(s), or manager(s) of the business(es)
immediately adjacent to fronting the sidewalk where the use is requested, or if a letter of support
cannot be obtained, an explanation summarizing the lack of support;, granting permission to
place the encroachment at the requested location;
4
203
C. A sketch depicting, as accurately as possible, the size and location of all requested
encroachment items as well as other existing obstructions or improvements which would limit
the free use of the sidewalk by pedestrians;
D. A certificate of liability insurance which names the City of Bozeman and (if non-
substantial encroachment occurring upon a State-designated primary or urban route) the State of
Montana as additional insureds. The insurance must provide a minimum coverage of $750,000
for each claim and $1.5 million for each occurrence for all permits solely for a portable sign in
an “A” frame design, also known as a sandwich board sign, used strictly for the purpose of
advertising for the permit holder. A minimum coverage of $750,000 for each claim and $1.5
million for each occurrence must be provided for all other permits;
E. The permit holder shall agree in writing to indemnify, defend, and hold harmless the City
and (if non-substantial encroachment occurring upon a State-designated primary or urban route)
Montana Department of Transportation and their employees and agents against all claims,
liability, loss, damage, or expense incurred by the City and/or Montana Department of
Transportation due to any injury to or death of any person or any damage of property caused by
or resulting from the activities for which the permit is granted; and
FE. A valid City of Bozeman business license corresponding to the use requested.
(Ord. No. 1567 § 2(12.22.060), 9-9-2002)
12.22.060 Substantial Encroachments – Approval Required.
Substantial encroachments in public right of way of the Downtown Business District may occur
only after a project proposal satisfies provisions of Title 18 BMC (see 18.020.080.B), is found to
be compliant with required regulations of same, and satisfies specific conditions as determined
by the Director. Projects proposing substantial encroachments shall submit to the City Engineer
for approval a report certified by a professional engineer addressing the following conditions,
both present and future: truck turning movements, vehicular site vision, pedestrian conflicts, and
– as directed by the City Engineer – intersection level of service. Substantial encroachments
affecting State-designated primary and urban routes shall also be approved by the Montana
Department of Transportation. Substantial encroachment projects shall satisfy all applicable
emergency service requirements.
12.22.070 Substantial Encroachments – Standards, Exceptions and Limitations.
To protect public health, safety and welfare, and provide for the orderly development of the
Downtown Business District, the following standards, exceptions and limitations are hereby
placed upon substantial encroachments:
A. Substantial encroachments shall not occur within the public right of way of Main Street
and Rouse Avenue;
B. Substantial encroachments shall occur along the entire length of a property;
5
204
C. Two-way traffic (or two-lane traffic for one-way streets) shall be provided at all times
and in all locations;
D. A minimum eleven foot (11.0’) wide vehicular travel lane shall be provided, measured
from face of curb or edge of parking lane.
E. A minimum seven foot (7’) wide parking lane shall be provided, measured from face of
curb;
F. Sidewalk alterations shall provide a minimum six (6) inch thick, ten (10) foot wide
sidewalk for public use and shall be ADA compliant;
G. Curb alterations shall provide positive drainage and shall not cause ponding to occur in
the gutter line. City of Bozeman curb construction standards shall be adhered to;
H. Construction plans shall be reviewed and approved by the City Engineer and a pre-
construction meeting held prior to initiating construction;
I. Substantial encroachments involving the elimination of any on-street parking within that
area of the B-3 zoning district regulated under this chapter shall provide the following:
1. Parking Commission approval; and
2. Compensation shall be provided for each on-street parking space eliminated from the
Downtown Business District parking inventory in accordance with the following
schedule:
a. A one-time payment of five-thousand dollars ($5,000) per eliminated space.
Payment shall be provided prior to final approval of the proposal under Title 18
BMC; or
b. Applicant may elect to pay for the eliminated space over a period of time not
more than 10 years, making equal monthly payments of principal and interest.
Interest will be charged at a rate equal to the current yield of the 10-year US Treasury
Note at the time the space is eliminated against a $5,000 principal amount.
J. The adjacent property owner shall keep all sidewalk areas, including those areas of
exclusive use, free and clear of snow and ice at all times.
6
205
12.22.080 Exclusive Use of Public Right of Way – Permit Required.
Upon application, the Director may authorize exclusive use of public right of way to occur in the
Downtown Business District subject to specific conditions as determined by the Director. The
Director reserves the right to request the City Commission reclaim approval authority over any
exclusive use application received. Each approved permit shall be valid for a period determined
by the Director, which shall not exceed 10 years. Each permit shall be reviewed on an annual
basis, subject to revocation as provided herein during the entitlement period. The permit shall be
issued to the private property owner adjacent to the public right of way in which the exclusive
use occurs. The permit shall not automatically convey with the adjacent private property and
shall not convey any ownership interest in the public right of way regardless of the privileges and
exclusive benefits the permit provides the Permittee. The permit may be transferred to a new
adjacent private property owner upon request and application to the Director. If the new
property owner fails to make this request to the Director within 30 days following final sale or
transfer of interest in the property, then the permit shall become null and void and a new permit
shall be applied for.
A. Any use permitted under Section 12.22.100 that is physically barricaded or partitioned
from the sidewalk by a fence or other similar means creates an exclusive use of the public right
of way as defined under this chapter and require an exclusive use permit.
B. All applications for exclusive use of public right of way must include:
1. A completed City of Bozeman Downtown Right of Way Exclusive Use Permit form
including any necessary supporting materials;
2. A site plan depicting, as accurately as possible, the size and location of all requested
encroachment items necessary to support the exclusive use of the public right of way as well as
other existing obstructions or improvements which would limit the free use of the sidewalk by
pedestrians;
3. A certificate of liability insurance which names the City of Bozeman and (if exclusive
use occurring upon a State-designated primary or urban route) the State of Montana as additional
insureds. The insurance must provide a minimum coverage of $750,000 for each claim and $1.5
million for each occurrence. The insurance policy shall automatically renew during the permit
period and a copy of the current proof of insurance coverage shall be kept on file with the
Director at all times. Coverage limits may adjust with permit renewals.
4. The permit holder shall agree in writing to indemnify, defend, and hold harmless the
City and (if exclusive use occurring upon a State-designated primary or urban route) Montana
Department of Transportation and their employees and agents against all claims, liability, loss,
damage, or expense incurred by the City and/or Montana Department of Transportation due to
any injury to or death of any person or any damage of property caused by or resulting from the
activities for which the permit is granted.
7
206
5. A valid City of Bozeman business license corresponding to the use requested.
C. Exemption for tables and chairs.
1. Tables and chairs not physically separated and/or partitioned from the sidewalk by a
fence or other similar means are exempt from Section 12.22.080 and are considered ‘non-
substantial encroachments’ approved under provisions of Section 12.22.050.
12.22.090060 License or Approval Letter Required.
Any applicant intending to sell food or beverages must provide a copy of a Food Purveyor’s
License or an approval statement issued by the Gallatin City-County Health Department with the
application for a permit under this chapter.
(Ord. No. 1567 § 2(12.22.060), 9-9-2002)
12.22.100070 Uses Permitted Under This Chapter.
A. It is the Permittee’s responsibility to place any encroachments allowed under this chapter
in a manner which ensures safe pedestrian and vehicular travel, complies with any conditions
placed upon the permit, and to immediately correct any deficiencies noted by the Director. All
items permitted pursuant to this chapter shall be placed not less than two (2) feet from the curb,
or not less than eighteen (18) inches from the curb when located on side streets that have no
adjacent on-street parking, and leave a minimum of six (6) five (5) feet of sidewalk aisle clear
and shall not interfere with vehicular sight triangles as set forth in Title 18 of this code, and as
necessary for safe vehicular traffic. Additionally, all encroachments permitted under this chapter
will be built, installed, and maintained in such as a manner as to ensure the safety of the public.
B. Permits may be issued under this chapter for the following uses:
1. Benches:
Any benches must be placed flush to the corresponding building and must not project
more than three (3) feet into the sidewalk;
2. Portable Signs:
These signs must not exceed a height of five (5) feet or a width of three (3) feet, placed
adjacent and perpendicular to the corresponding building and within four (4) feet of the
business entrance;
3. Sidewalk Displays:
With the exception of kiosks, displays must be placed flush against the building, must not
exceed six (6) feet in height, and must be within four (4) feet of the business entrance;
4. Kiosks:
8
207
Kiosks must not exceed seven (7) eight (8) feet in height, except as allowed in Section
18.52.065.E BMC, and must be placed in a manner so as not to interfere with free flow of
pedestrian and vehicular traffic;
5. Bike Racks:
Bike racks must not exceed a ten (10) bike capacity with five (5) bikes per side and be
placed so the parked bikes run parallel with the street;
6. Sidewalk Vending Carts:
The cart must be no more than three (3) feet wide, must be placed within 4.5 feet of the
store face and may operate between 6:00 a.m. and 9:00 p.m. or until sunset whichever
occurs first. All signage must be attached to the cart and shall not exceed six (6) feet in
length. The City, at its discretion and upon request, may allow the use of a portable sign.
Vending carts will be allowed on Mendenhall, Main, and Babcock Streets only and not
more than one cart will be allowed per city block face;
7. Tables and Chairs:
Tables used for the primary purpose of consuming food or beverages must be no more
than four (4) feet wide and set in a manner such that respective table and chair settings do
not occupy more than five (5) feet of total right of way width. Tables and chairs may be
located building and/or curbside, subject to provision of 12.22.100.A, and shall so that
the chairs shall not extend more than five (5) feet into the right of way and maintain at all
times upon the public sidewalk a minimum six foot (6’) wide clear aisle for pedestrian
movement;
8. Hanging Pots:
Pots for flowers or other miscellaneous items may be hung from the rods extending from
the light poles only. The bottoms of all pots must not be lower than seven (7) feet and
shall not block street signs in any manner;
9. Newspaper Dispensers and Publication Racks
Coin operated newspaper dispensers and media publication racks and displays must be
placed flush against the building and may not exceed 4 feet in height and shall be of a
design quality approved by the City of Bozeman;
9.10. Sidewalk Café Serving Alcohol:
9
208
a. All sidewalk cafes having an alcohol beverage license shall be required to have
staff of the establishments owning such sidewalk cafes serve all food, alcohol and
non-alcoholic beverages in the sidewalk café area only. Service of alcohol beverages
in all sidewalk cafes shall be limited to persons seated at tables in the sidewalk café
site. The serving of alcohol shall be served in glasses and not in paper or plastic
products. Any person serving alcohol must have received alcohol server training
through a City approved training program;
b. The sidewalk café alcohol beverage license issued by the State of Montana must
include as part of the licensed premise floor plan the sidewalk café area. The use and
operation of the sidewalk café area shall occur in accordance with the State-approved
alcohol beverage license and a copy of the license shall be kept on file with the
Director of Public Service and the Director of Planning and Community
Development.
c. Liability insurance required in 12.22.080.B.3BMC 12.11.0500B will cover the
sidewalk café area;
dc. Each sidewalk café serving alcohol beverages shall be responsible for policing
the area of the sidewalk café to be sure that customers are of legal drinking age and
that alcohol beverages are not removed from the premises.
ed. There shall be no sale of alcohol for consumption at a sidewalk café after 12:00
a.m. (midnight) until normal opening of business each day. In addition, all containers
of intoxicating beverages shall be removed from the tables of the sidewalk café and
the sidewalk café area by 12:00 a.m.;
fe. The sidewalk café area must be adjacent to the licensed building and shall be
enclosed, except for ingress and egress entry point, by a movable temporary fence
approved by the Director of Public Service. The fence shall be:
(i). black or of a color that matches the adjacent building;
(ii). at least 4 feet in height; and
(iii). shall be of a design and quality that does not permit children or other
persons to crawl under the fence;
10. Miscellaneous Items: The Director of Public Service may permit other items as deemed
appropriate. The Director shall place what restrictions the Director deems necessary to ensure
the safe passage for pedestrian and vehicular traffic.
(Ord. No. 1567 § 2(12.22.070), 9-9-2002; Ord. No. 1692§ 2, 2-12-2007)
12.22.110080 Notification of Name or Address Change.
10
209
All Permittees will ensure that a current and correct name, residential address and mailing
address are or on file with the Director. Should either the Permittee’s name, business name or
Permittee’s address provided on the application change, the Permittee must notify the Director
within five (5) working days of such change and provide the same with the accurate information.
(Ord. No. 1567 § 212.22.080), 9-9-2002)
12.22.120090 Littering and Trash Removal.
A. Permittees will keep the sidewalks, roadways and other spaces adjacent to their sites or
locations clean and free of paper, peelings and refuse of any kind generated from the operation of
their business;
B. Permittees engaged in food vending will make available a receptacle for litter. The
Permittee will regularly empty and maintain the receptacle and mark it appropriately to provide
proper notice to the public of its purpose. Upon ceasing operations for the day, Permittees will
ensure the area immediately adjacent to the site is thoroughly clean and free of debris. Finally,
Permittees must remove all debris and trash from the area and will not use trash receptacles
without permission from the owner.
(Ord. No. 1567 § 2(12.22.090), 9-9-2002)
12.22.130100 Special Event or Temporary Permits.
The Director may issue a temporary permit for special or temporary events which may take place
in the downtown area Downtown Business District including but not limited to “Crazy Days”,
“Taste of Bozeman”, and “Music on Main”. Should the Director determine a temporary permit
is applicable for any reason, the Director may waive any of the requirements set forth in this
Chapter the Director feels are inapplicable and allow alternative provisions consistent with or
contrary to the purposes of this chapter.
(Ord. No. 1567 § 2(12.22.100), 9-9-2002)
12.22.140 Fees.
A. Non-Substantial Encroachments:
1. A ten dollar ($10) fee shall be charged for non-substantial encroachments which
shall be provided with each new application/renewel of a City of Bozeman Downtown
Sidewalk Encroachment Revocable Permit.
B. Substantial Encroachments:
1. Application fees authorized in Title 18 shall be provided.
C. Exclusive Uses:
11
210
1. A fee calculated by multiplying the square-foot area of the right of way encumbered
by the exclusive use of same, by the total final square-foot land value of the adjacent
property (as determined in the most recent appraisal by the Montana Department of
Revenue for ad valorem property taxation purposes), multiplied by the whole-month
percentage of the calendar year the exclusive use is occurring, multiplied by a factor of
5% shall be assessed and provided with each City of Bozeman Downtown Right of Way
Exclusive Use Permit application and annual renewal.
12.22.150110 Suspension and Revocation of Permits for Non-Substantial
Encroachments Permit License.
A. The Director may suspend or revoke any permit for Non-Substantial Encroachment
issued under this Section 12.22.050 chapter for any of the following reasons:
1. Fraud, misrepresentation or knowingly false statement contained in the application
for the permit;
2. Conducting any activity in any manner contrary to the conditions of the permit;
3. Conducting any permit activity in such a manner as to create a public nuisance, cause
a breach of the peace, constitute a danger to the public health, safety, welfare or morals,
or interfere with the rights of abutting property owners;
4. Failure to regularly empty and maintain a litter receptacle;
5. Cancellation of the Gallatin City-County Health Department’s authorization for a
food or beverage vending unit; or
6. Failure to comply with any provision in this chapter or any condition of approval
required by the Director.
B. Should the Director decide to exercise the rights given under this chapter, notice may be
delivered in person or mailed to the address provided on the application. The Director shall state
all reasons for the decision to revoke or suspend the permit and the length of the suspension, if
any;
C. The permittee will have three (3) days from the date of receipt of the letter to file a
written response to the Director’s letter or to remove all items from the City’s sidewalk. Failure
to respond to the Director’s letter or to remove the items from the City’s sidewalk will be cause
for the Director to order the property removed by local law enforcement or the Code Compliance
Officer. The property shall be considered evidence and will not be returned until the resolution
of any citation issued under BMC;
D. Should the permittee fail to pick up the letter for a period of five (5) working days after it
has been mailed, the Director may then direct the Code Compliance Officer or law enforcement
to remove the permittee’s property from the City’s sidewalks;
12
211
E. Should the Director determine the permittee’s property presents a safety hazard or
requires immediate remedy including but limited to sidewalk maintenance, then in that event, the
Director may order the property removed immediately by local law enforcement or the Code
Compliance Officer.
(Ord. No. 1567 § 2(12.22.110), 9-9-2002)
12.22.160 Suspension or Revocation of Exclusive Uses of Public Right of Way.
The Director may suspend any permit for Exclusive Use issued under Section 12.22.080 for any
of the reasons listed under Section 18.22.150.A by providing written notice to the Permittee
stating all reasons to suspend the permit. The Permittee will have three (3) days from the date of
receipt of the letter to remedy the deficiencies stated in the notice to the satisfaction of the
Director. In the absence of remedy, the Director shall schedule a permit revocation hearing with
the City Commission which has sole power to revoke any permit issued under Section 12.22.080.
A. Upon revocation of any permit issued under Section 12.22.080, the City Commission can
order any substantial encroachments, features, improvements and/or alterations made to the
public right of way installed to support an exclusive use be removed at the permit holder’s sole
expense upon their finding of said substantial encroachments, features, improvements and/or
alterations posing a threat to the public’s health, safety, and welfare.
1. Failure to remove, or failure to cause the removal of any substantial encroachments,
features, improvements and/or alterations to the public right of way ordered by the City
Commission’s within fifteen (15) days following said order will result in the City
removing the ordered items and charging the Permittee for all expenses. In removing the
ordered items, the City may call upon any city department or division for whatever
assistance deemed necessary or may by private contract cause the removal of the ordered
items.
a. The City after completing the removal of the ordered items shall file a
statement of costs with the finance department which shall mail to the Permittee a
notice that contains the amount set forth in the statement and a declaration that the
City will assess against the property the amount set forth in the notice and shall enter
that amount in the City liens docket which shall therefore constitute a lien against the
property.
B. The determination of the City Commission is a final administrative decision.
12.22.170130 Appeal Procedure.
Any permittee will have the right to appeal the denial, suspension or revocation of any permit
issued under Section 18.22.050 to the City Manager. The permittee will make the appeal within
ten (10) days after receiving notice of the denial, suspension or revocation by filing a written
notice with the City Manager.
(Ord. No. 1567 § 2(12.22.130), 9-9-2002)
13
212
12.22.180 Enforcement – Penalities – Designated a Municipal Infraction.
In addition to suspension or revocation under 12.22.150 or 12.22.160, Violation a violation of
this chapter is a municipal infraction punishable by the following civil penalties:
A. For a first violation, a civil penalty of not less than one-hundred ($100) or more than
three-hundred dollars ($300) shall be imposed;
B. For each repeat violation, a civil penalty of not less than one-hundred ($100) or more
than five-hundred dollars ($500) shall be imposed;
C. Each day of violation shall constitute a separate violation.
The court may order the permit revoked for the remainder of the year in addition to any other
penalty imposed by the court.
(Ord. 1567 § 2(12.22.140), 9-9-2002; Ord. No. 1700 § 1, 5-21-2007)
Section 2
Severability.
If any provision of this ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance
which may be given effect without the invalid provision or application and, to this end, the
provisions of this ordinance are declared to be severable.
Section 3
Savings Provision.
This ordinance does not affect the rights of duties that matured, penalties and assessments
that were incurred or proceedings that began before the effective date of this resolution.
Section 4
The effective date of this ordinance is 30 days after passage on second reading.
14
213
Section 5
Codification Instruction.
The provisions of Section 1 shall be codified as appropriate in Chapter 12.22 of the
Bozeman Municipal Code.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a
regular session thereof held on the 19th day of April 2010.
15
214
16
______________________
JEFFREY K KRAUSS
MAYOR
ATTEST:
______________________
STACY ULMEN
CITY CLERK
PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of
Bozeman, Montana, on second reading, at a regular session thereof held on the 17th day of May
2010.
_______________________
JEFFREY K KRAUSS
MAYOR
ATTEST:
______________________
STACY ULMEN
CITY CLERK
APPROVED AS TO FORM:
______________________
GREG SULLIVAN
CITY ATTORNEY
215