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Ordinance 11- 1802 adding Chapter 18.17 creating Residential Emphasis Mixed Use District (REMU)
SO .Z U 9 r Y ORDINANCE NO. 1802 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 18.17 CREATING THE RESIDENTIAL EMPHASIS MIXED USE DISTRICT (REMU), A NEW ZONING DISTRICT WITH DEFINED INTENT, USES, SETBACKS, LOT COVERAGE, BUILDING HEIGHT, AND SPECIAL DEVELOPMENT STANDARDS; BY REVISING SECTION 18.36.090 TO ADD PUD PERFORMANCE POINT OPTIONS AND CRITERIA FOR MIXED USE PLANNED UNIT DEVELOPMENTS; BY REVISING SECTION 18.40.030.11 BY ADDING STANDARDS FOR ACCESSORY DWELLING UNITS IN REMU; BY ADDING SECTION 18.40.10'5 STANDARDS FOR GROUP LIVING; BY REVISING SECTION 1.8.46.040.A TABLE 46 -2 TO ADD A PARKING STANDARD FOR GROUP LIVING; BY REVISING SECTION 18.46.040.11 TO ALLOW PARKING REDUCTIONS FOR REMU NON RESIDENTIAL USES; BY REVISING SECTION 18.50.020 TO ADD PARK AREA REQUIREMENTS AND LIMITS FOR GROUP LIVING; BY REVISING SECTION 18.52.050 TO SPECIFY EXEMPT SIGNS IN REMU; BY REVISING 18.52.060 TO SPECIFY SIGNS PERMITTED IN REMU; BY REVISING 18.54.030 TO ADD STANDARDS FOR TELECOMMUNICATIONS FACILITES IN REMU; AND BY REVISING SECTION 18.80.1275 TO ADD A DEFINITION FOR GROUP LIVING. WHEREAS, the City of Bozeman has adopted the Bozeman Community Plan, a growth policy in compliance with Title 76, Chapter l., Part 6, MCA; and WHEREAS, Section 76 -2 -304, MCA, requires zoning regulations to be in accordance with a growth policy, and WHEREAS, the City of Bozeman has adopted a Unified Development Ordinance which establishes common standards for both zoning and subdivision development; and WHEREAS, the proposed Unified Development Ordinance text amendment application has been properly submitted, and reviewed, and all necessary public notice was given for all public hearings; and Page 1 of 29 WHEREAS, the City of Bozeman Zoning Commission and Planning Board held a public meeting on August 17, 2010, to jointly discuss the proposed text amendment; and WHEREAS, the Bozeman Zoning Commission held two public hearings on September 7, 2010 and February 1, 2011 to receive and review all written and oral testimony on the request for a Unified Development Ordinance text amendment; and WHEREAS, as shown in Zoning Commission Resolution Z-09241, the Bozeman Zoning Commission recommended to the Bozeman City Commission that proposed the Unified Development Ordinance text amendments be approved; and WHEREAS, after proper notice, the City Commission held a public hearing on February 14, 2011, to receive and review all written and oral testimony on the request for a text amendment to the Unified Development Ordinance; and WHEREAS, the City Commission reviewed and considered the relevant Unified Development Ordinance text amendment criteria established by Sections 76-3-102, 76-3-501, and 76-2-304, M.C.A., and found the proposed Unified Development Ordinance text amendment to be in compliance with the purposes of the title as locally adopted in Section 18.02.040, BMC; Mai WHEREAS, at its public hearing, the City Commission found that the proposed Unified Development Ordinance text amendment would be in compliance with Bozeman's adopted growth policy and applicable statutes and would be in the public interest. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, upon a vote of 5 to 0, that: Section I Page 2 of 29 That Section 18.14.010.13, Bozeman Municipal Code be amended so that such section shall read as follows: 18.14.010 USE DISTRICTS DESIGNATED, ZONING MAP ADOPTED B. For the purpose of this title, the City is divided and classified into the following use districts: R-S Residential Suburban District R-1 Residential Single-household, Low Density District R-2 Residential Two-household, Medium Density District R-3 Residential Medium Density District R-4 Residential High Density District R-O Residential Office District RMH Residential Manufactured Home Community District B-1 Neighborhood Business District B-2 Community Business District B-3 Central Business District M -1 Light Manufacturing District M-2 Manufacturing and Industrial District B-P Business Park District NEHMU Northeast Historic Mixed Use District HMU Historic Mixed Use District PLI Public Lands and Institutions District NC Neighborhood Conservation Overlay District EO Entryway Overlay District CO Casino Overlay District UMU Urban Mixed Use District REMU Residential Emphasis Mixed Use District Section 2 That Title 18, Unified Development Ordinance, of the Bozeman Municipal Code be amended by adding a new Chapter to be numbered Chapter 18,17, to read as follows: "CHAPTER 18.17 RESIDENTIAL EMPHASIS MIXED-USE ZONING DISTRICT (REMU) Page 3 of 29 {@.l7.0l00NTEN1[/\Nl> PURPOSE OF RESIDENTIAL EMPHASIS MIXED-USE Z()y4ONG DISTRICT The intent and purpose of the Residential Emphasis Mixed-Use (R0MO) district iuto establish areas vvhbin Bozeman that are coixed-use in character and to provide options for uvariety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood, vvbi[c providing predictability to luudovvuoos and residents in uses and standards. There is o rebuttable presumption that tile uses set fhub for the district will be compatible both p/itllim the district and to udioiniug zoning districts when The standards of Title 18 are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. All development is subject to 8l8.O2.O58, 3]MC. A. &imfurther the intent of this district to implement the principles of the adopted growth Neighborhoods ]. [roa1c self-sustaining neighborhoods that will lay the foundation for hcoHhv lifestyles; 2. Support compact, walkable developments that promote balanced transportation options: 3. Have residential mmthe 'mrity use with u range ofdensities; 4. Provide for mdiverse array of commercial and civic uses supporting residential 5. Have residential and ononoocrc[a\ uses mixed vertically and/or horizontally; 0. Loou1c ucHmcemd10 residential neighborhoods that can sustain conmnncncim| uses within vvu{kiog distance and a wider range o[ housing types; 7. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets; Sense ofPlace 8. Support ur add Loun existing neighborhood context; V. Enhance am existing neighborhood's sense of place and strive to make i{ more sc}f- ametelaobie' ` 10. Encourage mucvv neighborhood commercial ccnter(o) with a unique identity and strong sense ofplace; 11. Develop commercial and mixed-Use areas that are safe, uonmXbx1ub\c, and attractive to pedestrians, 12. Reinforce thr principle of streets uy public places that encourage pcdca{don and hityt\c travel, transit, on-street parking and physical elements of complete streets, Natural Amenities 13. Preserve and integrate the natural amenities into tile development, 14. Appropriately balance u hierarchy u[ both parks and public spaces that are within the neighborhood; Centers 15. Group uses mf property tm create vibrant centers ld. Where appropriate oreoi a center within ao existing neighborhood; l7. Facilitate proven, market driven projects \oeusorehmth|nnguodmhod-confiomocin| Page 4 of 29 18. Allow an appropriate blend of complimentary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels. recreation and civic uses, and housing, to create economic and social vitality; 19. Foster the master plan development into a mix of feasible, market driven uses, 20. Emphasize the need to serve the adjacent, local neighborhood and also the greater Bozeman area as well; 21. Maximize land use efficiency by encouraging shared use parking, Integration of Action 22. Support existing infrastructure that is within and adjacent to REMU zones, 23. Add to existing transportation and open space network, encourage pedestrian and bicycle travel; 24. Encourage master planned communities with thoughtful development, 25. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; 26. Provide roadway and pedestrian connections to residential areas; 27. Facilitate development (land use rnix, density and design) that supports public transit, where applicable; 28. Provide flexibility in phasing to help insure both long and short term financial viability of the project as a whole; Urban Density 29. Encourage efficient land use by facilitating, high- density, single or multi -story housing, commercial and retail development; 30. Provide transitions between high - traffic streets and adjacent residential neighborhoods and Sustainability 31. Promote sustainable communities through careful planning. B. To accomplish the intent of the district, the REMU district may be located within existing and established neighborhoods, or located in new undeveloped areas of the City. Implementation of certain regulations herein may be implemented with regard to the specific characteristics and location of development site. REMU districts should be located adjacent to or near planned or existing residential development to enhance walking and bicycle use. 18.17.020 AUTHORIZED USES.. A. Uses in the Residential Emphasis Mixed -Use district are depicted ill the table below. Principal uses are indicated with a "P," conditional uses are indicated with a "C." accessory uses are indicated with an A, and uses which are not permitted within the district are indicated by a " -." B. The uses listed are deliberately broad and some are given special definitions in Chapter 18.80, l3MC. The intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each proposal to be specifically addressed through the review process. Some uses are the subject of special regulations contained in Chapter 18.40, 130. Page 5 of 29 C Uses Required and Limited |. QEMUdistricts are intended to be developed with omix of uses that encourage range nfbuilding types, scales. densities, and site 000figura&[omu. 2. Developments are enCOLIraged to include non-residential uses, especially commercial and neighborhood support services, mixed horizontally and/or vertically, to promote compact, walkable and sustainable neighborhoods. ]. Non-residential uses shall not exceed 30 percent mf the total gross building square [hc4nge of all uses within the master planned area uu)tya ntborvviat o})nvvmd in this section, through a Master Site Plan nrPlanned Unit Development (PUD) review. 4. For the purposes Of Calculating the percentage of a use within the master planned arcm. the gross square foot floor area of building for each use ahx}\ be utilized. 5. The specific method nf tracking will be determined during the Master Site Plan. P0D,or Site Plan review. 6. Home-based businesses are not considered nonresidential uses and shall not be limited by the provisions of the Section. 7. Nonresidential uses intended for public beucfitand shared public urmmnitimm shall not be limited by the provisions of this Section. These uses include, but are not limited to, sohon|m, parks. conncuuni1y centers, city operated services and structured parking D. Development Review Applications 1. 7n accomplish the intent mfthe district, the REMU district in anticipated to be located oil sites fivuacres n, larger. Development review applications for sites iu the RGM0 district greater than. or equal To, five acres will be first subject to review as a Master Site Plan per Chapter 18.34, or as u PDD per Chapter 18.36, as determined by the applicant. 2. Project applications for subsequent pr 'cot phases io compliance with ail approved Master Site Plan orPDD may bc reviewed aan Site Plan Review oc Sketch Plan Review iu accordance with Chapter |8.34. S, All dcve|opnocm1 review applications for property in the &EMO district smaller than five acres are subject to the x{mudandu in this chapter; and may be subject to review as a Master Site Plan per Chapter 18.34 by decision of the Planning Director, upon finding: x. The development application ie for a site considered u nn 'orinOU site, having a significant impact on an existing oei�bbmrhmod; or may oncmte x center within mu existing neighborhood; b. The proposed development is located at an intersections deemed to have special significance; c The proposed development may have a significant impact umexisting transportation and open space network, pedestrian and bicycle travel, 6. The proposed development requires a multi-year approval and nnubip|c phases for cnomy|c]iom. Table 17-1 Page 6 of 29 TABLE OF USES MAXIMUM ALTTHORIZED GROSS USES BUILDING AREA Accessory Dwelling Unit P Apartments and Apartment Buildings P Arts and Entertainment Center 12.000 square P feet Assisted Living/Elderly Care Facilities P Automobile Fuel Sales C Automobile Parking Lot or Garage (public private) t� P Automobile Washing Establishment C Banks and Other Financial Institutions P Bed & Breakfast P Business, Technical or Vocational School P Community Centers I P Con Residential Facilities P Convenience Uses Except For Automobile Fuel Sales (as listed P above) Cooperative Household P Convenience Use Restaurant 5.000 square P4 feet Daycare — family, group, or center P Essential Services ('"Fype 11) C Extended-Stay Lodgings 40,000 square P feet Fraternity. Sorority or I..,odge P Group Living P Health and Exercise Establishments 1) Home-based Businesses (subject to 18.17.030.E only) P Hospitals C Hotel or Motel 40,000 square P feet Laboratories, Research and Diagnostic 10,000 square P feet Laundry Service Center P Light Goods Repair P Lod Houses P Manufacturing (light and completely indoors) 5,000 square P feet Museum P Medical and Dental Offices, Clinics and Centers P Meeting Hall P Offices P Page 7 of 29 Other Buildings & Structures (typically accessory to permitted A uses) Personal and Convenience Services P Pet Grooming Shop P Printing Offices and Publishing: Establishments 5,000 square P feet Public Buildings P Refuse and Recycling Containers A Restaurants P Retail Uses less than or equal to 5,000 square feet 5,000 square P a feet Retail Uses greater than 5,000 square feet and less than or equal 12,000 square P 1.' to 12,000 square feet feet Retail Uses greater than 12.000 square feet and less than or 25,000 square P 1 `' equal to 25,000 feet Sales of Alcohol for On- Prernise Consumption — No gaming C allowed Single household dwelling P Three- or four - household dwelling P "Townhouses (five attached units or less) P Two - household dwelling P Veterinary Clinic C. Wholesale Distributors With On- Premise Retail Outlets 10,000 square C (providing warehousing is limited to commodities which are feet sold on the premises) Wholesale Establishments (ones that use samples, but do not 5,000 square C stock on premises) feet Any Use, Except Adult Businesses and Casinos, Approved as C Part of Planned Unit. Development Subject to the provisions of Chapter 18.36, BMC. 'Excluding Adult Businesses as defined in Chapter 418.80.BMC. `' Limited to no more than four structures per 100 acres of contiguous waster planned development and subject to l 8.17.020,0. 3 Limited to no more than two structures per 100 acres of contiguous master planned development and subject to 1 8,17.020.0. a Convenience Use Restaurants with Drive Ups or Drive Throughs require additional buffering when adjacent to residential uses which may include, but are not limited to sound barrier walls, berms, and /or landscaping. 18.17.030 SPECIAL - STANDARDS A. The Special Standards set forth in this section are minimum standards for a development review application. Standards not specifically addressed by this section are subject to the standards set forth in this Title. B. Landscape and Planting Standards. Table 18.17 -2 (below) lists the minimum number of points needed for landscape plan approval for development types within REMU districts. Page 8 of 29 Table 17 -2 Development Type Lot With Residential Lot Without Residential Adjacency Adjacency Residential Srnall-Lot N/A per 18.48.020.B N/A per 18.48.020.B Single- Household Residential: Single- N/A per 18.48.020.B N/A per 18.48.020.B Household Residential: Townhouse N/A per 18.48.020.B N/A per 18.48.0203 2 to 4 attached units Residential: "Townhouse or 23 23 Townhouse Cluster 5 or more attached units Residential: Two to Four N/A per 18.48.020.B N/A per 18.48.020.B Household Dwellings Residential: Apartments 23 23 5 or more omits Mired Use with Residential 15 15 Non Residential Projects 23 15 PUD 23 23 C. Street and Circulation Standards The policies and standards of the City's long -range transportation plan apply to REMU districts. New streets within REMU districts shall be complete streets that accommodate pedestrians, bicycles, buses, automobiles and wintertime snow storage, and work in concert with internal property accesses and adjacent development to create a connected and vibrant public realm. REMU street standards also include the following stipulations: a. Natural storm drainage systems are allowed within street rights-of-ways. b. Boulevard strips and medians may incorporate natural drainage technologies. c. Buildings shall be oriented with front facades facing the street. i. Where this is not possible, a side facade may face the street, but at least 25% of its surface area must be transparent windows. The overall design of side facades should address the public nature of the street. d. Shared drive accesses shall be used to reduce the need for additional curb cuts, when feasible. e. On- street parking should be maximized wherever feasible. 2. Front- Loaded Local Streets To ensure that front- loaded streets are community- oriented and pedestrian - friendly, adjacent buildings, garages and driveways must comply with the following specific standards of this Title. 0 ti 18.1 6.070 Residential Garages §18.44.090.C.2.a Drive Access Requirements -- Residential o § 18,46.010.D Stacking of Off-Street Parking Spaces o § 18.46.010.E No Parking Permitted in Required Front or Side Yards Page 9 of 29 0 §18.46.010,F Parking Permitted in Rear Yards Woonerfs: Woonerfs. or streets where pedestrians and cyclists have priority over motorists, are encouraged on private drive accesses or properties in the REMU district. Woonerfs inay be permitted on public local streets or alleys through tile subdivision variance or PUD process. 4, Mews: Mews, or alleys lined with garages and living quarters above, are encouraged on private drive access or properties in the REM U district. Mews may be permitted on alleys through the subdivision variance or PUD process. 5, Shared Drive Accesses: Apply standards of § 1 8.44.0901 (Shared Drive Access) and § 18,80,2770 (Shared Access). 6. Alleys: Alleys are encouraged. but not required, in the REMU district. a. Apply standards of §18.44.060.B (Street Improvement Standards - Alleys) where applicable. D. Building Standards I The minin floor area requirements for each dwelling in all districts shall be that area required by the City's International Building Code. "Floor area ratio" is the ratio attained by dividing the gross square feet of building by gross land area of the lot(s) being developed. A site plan for development may show future phases of buildings to be used to demonstrate compliance with the minimum floor area ratio standard. 2. Floor-to-Ceiling and Floor-to-Floor Heights a. All commercial space provided on the ground level shall have a minimum floor-to-ceiling height of 12 feet. Z:� b. Residential uses shall have no limit to floor-to-ceiling or floor-to-floor heights. 3. Buildings that contain nonresidential uses (other than home occupations) on the ground floor shall provide transparency along at least 50% percent of the linear length of the nonresidential facade. Transparency may be achieved with windows, building lobbies, building entrances, display windows, or windows affording views into retail, office, or lobby spaces. This requirement shall apply to both street fronts for buildings located on corner lots. 4. Parking structures shall not have more than one two-way vehicle entrance or two one- way vehicle entrances facing any public way. 50% of the ground floor linear frontage along the primary street must be retail, commercial,. office, civic, residential, or live/work. 5. Building encroachments are permitted in accordance with Section 18.38.060, subject to any and all applicable International Building Codes. 6. All projects in the REMU district are exempt from the Rear Yard Lot Coverage requirements of §18.38.050.H E. I.Jghting Standards Page 10 of 29 AU building eotozuccm, pathways. and other pedestri areas ahu|| be lit with pedestrian-scale lieh<in�that nneeo the ,cquiccolmu1unf Section [0.42.|58(e.��`vvnU nnnumtmd_ sidewalk lam»* bollards, landscaping lighting et cetera). Alternative |ighting meeting the in1co{ of the design 'delinco and other criteria of this Tlt|c. may be approved through development review. F. Natural Surveillance Standards [. T proposed site layout, building and landscape design prornote natural surveillance u[ the area 6*e ° v[siTors, and residents. Physical features and activities should be oriented and designed ioways that maximize t ability to see thro ughout the site. For example, window placernent, the use of front porches or stoops. use of low or see-thrOUgh walls, and appropriate use of landscaping and lighting can promote natural survc|l|aocc. Sight-obscuring shrubs and walls should be avoided, except as necessary for buffering between commercial uses and lower density residential districts, and then mhu|U be minimized. G. Public Space Standards The 0EMU district lx urban io nature. Public parks and recreational areas are likewise expected 10 be urban in nature. This may include elements such as plazas or other booJeoupiog landscaping with planters and furniture. Such areas may be mon: concentrated in size and development than anticipated in less urban setting. Public spaces shall be designed tofacilitate distinct types of activities toencourage consistent human presence and activity. The requirements of this section shall give direction in the development of park plans and the application of the standards of Chapter 18.50, BMC. m- Public spaces uhm8 be designed to: l. Facilitate encioi inAcrmudoo bervvcsn and within groups; 2. Provide safe, pleasant, c|cmu and convenient sitting spaces adaptable to changing weather conditions; 3.Bc attractive tm multiple age groups 4. Provide for multiple types nf activities without conflicting; 5. Support organized activities; h. Be visually distinctive and iotcne$1|og; 7. Interconnect with other public and pri spooce;und 8. Pr use by persons. U. Standards for Specific Development Ty The following standards are to be considered in the review nfdevdopment applications incorporating these development types. 1 , Residential: Small-Lot Si amebold n. Lot Coverage and Floor Area Lot Coverage: 75% maximurn. Floor Area: Allowable FAR 1.5:| also apply 8|&|d.K3O.8. b. Lot Area and Width Lot Area: 2500 square feet nimimono. Lot Width: 25 feet rninimurn. Page 11 of 29 c, Yards 1. Front yard: Adjacent to arterial streets: 25 feet minimum. Adjacent to collector streets: 15 feet minimum - 20 feet maximum. Adjacent to local streets: 10 feet minimum - 1 5 feet maximum. 2. Rear yard: 10 feet Minimum. • Adjacent to arterial streets: 25 feet minimum. 3. Side yard: 5 feet minimum (zero lot line exception). • Allow - zero-lot line" development through shared use easements, zero lot line agreements or placement of buildings on one or both of the side lot lines. 4. All vehicle entrances, oriented to the street, into garages shall be no closer than 20 feet to a property line, unless explicitly authorized otherwise under this title. d. Building Height Table 17-8 Residential Building Height Table Roof Pitch Maximum Building Height in Feet Less than 3.12 35 3:12 or greater but less than 6:12 38 6:12 or greater but less than 9:12 40 Equal to or greater than 9.12 42 e. Garages Apply standards of §18.16.070 and §18,38,050 (except §18.38.050.H). 2. Residential: Single - Household a. Lot Coverage and Floor Area Lot Coverage: 50% maximum. Floor Area: allowable FAR 1 :1 also apply § 18.1 &.030.13. b. Lot Area and Width Area. 4000 square feet minimum. Additional area for accessory dwelling unit: 900 square feet rninit Width: 40 feet minimum. Width for accessory dwelling unit: 40 feet minimum, c. Yards 1. Front yard: • Adjacent to arterial streets- 25 feet minimum. • Adjacent to collector streets: 15 feet minimum - 20 feet maximum. • Adjacent to local streets: 10 feet minimum - 15 feet maximum. 2. Rear yard: 15 feet minimum. • Adjacent to arterial streets: 25 feet minimum. Page 12 of 29 3. Side yard: 5 feet rnini nurn (zero lot line exception). Allow "zero -lot line" development through shared use easements or placement of buildings on or near one of the side lot line. 4. All vehicle entrances., oriented to the street, into garages shall be no closer than 20 feet to a property line, unless explicitly authorized otherwise under this title. d. Building Height Tahlo 17_q Residential Building Height Table Roof Pitch Maximum Building Height in Feet Less than 3:12 35 3:12 or greater but less than 6:12 38 6 :12 or breater but less than 9:12 40 Equal to or greater than 9:12 42 e. Garages Apply standards of ti 18.16.070 and §18.38.050 (except § 18.38.050.14). f. Additional Notes I . Single Household units may incorporate home -based businesses at the ground level with direct access from a public right-of-way or other accessible route. These uses are exempt frorn off-street parking; requirements. 2. Developments may include individual retail uses at the ground level no greater than 2,000 square feet in area, when located along the primary frontage. The first 2000 square feet of any nonresidential use in this development type is exempt from off - street parking requirements. Parking lots for such uses shall not be permitted along primary frontages. Apply standards of section 18.46.040.D for accessible parking spaces. 3. Residential: Townhouse/ Townhouse Cluster a. Lot Coverage and Floor Area Lot Coverage: 75% maximum.. Floor Area: allowable FAR 2.5:1, also apply §18.16.030.8. b. Lot Area and Width Lot Area: no minimum lot area required. Lot Width: 15.5 feet minimum. c. Yards 1. Front yard: • Adjacent to arterial streets: 25 feet minimum. • Adacent to collector streets: 15 feet minimurn — 20 feet maximum. • Adjacent to local streets: 10 feet minimum — 15 feet maximu►n. 2. Rear yard: 10 feet minimum. Adjacent to arterial streets: 25 feet minimum. 3. Side yard: 5 feet minimum or 0 feet for interior walls of townhouses. Page 13 of 29 4. Al l vehicle entrances, oriented to the street, into garages shal l be no closer than 20 feet to a properly line, unless explicitly authorized otherwise under this title. d. Building Height Ta 17 -10 Residential Building Height Table Roof Pitch Maximum Building Height in Peet Less than 3:12 35 3:12 or greater but less than 6 :12 38 6:12 or greater but less than 9:12 42 Equal to or greater than 9:12 44 e. Garages To ensure that townhouses contribute to a community - oriented, pedestrian - friendly streetscape, they must comply with the following specific standards of this Title. 1, ti 18,16.070 Residential Garages 2. § 18.44.090.C.2.a Drive Access Requirements - Residential 3, § 18.46.010.D Stacking of Off-Street Parking ;Spaces 4. §18.46.010.E No Parking Permitted in Required Front or Side Yards 5. § 18.46.010.F Parking Permitted in Rear Yards 1'. Additional Notes I . Portions of site development review applications within the REMU zone for attached multi- household developments should be urban in character and may be designed such that each dwelling unit has a ground level entry oriented to the public realm, and sharing one or more walls with another dwelling unit. 2. Such units should be broadly consistent in scale and level of architectural detail, but shall be designed to emphasize a distinction in individual dwelling units through form, massing, articulation, color and other architectural means. 3. Townhouse units may incorporate home -based businesses at the ground level with direct access from a public right-of-way or other accessible route. These uses are exempt from off - street parking requirements. 4. Developments incorporating townhouse units may include individual retail uses at the ground level no greater than 2,000 square feet in area, when located along the primary frontage. The first 2000 square feet of ally nonresidential use in this development type is exempt from off- street parking requirements. Parking lots for such uses shall not be permitted along primary street frontages. Apply standards of Section 18.46.040.D for accessible parking spaces. 4. Residential: Two to Four Household Dwellings, Group Living, and Apartments a. Lot Coverage and Floor Area Lot Coverage: 75% maximum or 100°x'© if a structured parking facility is provided that accommodates all required parking. Page 14 of 29 Floor Area: allowable FAR 4 :1, also apply § 18.16.030.B. b. lot Area and Width: Lot Area: Apply standards of §18.16.040.A, Table 16 -2 (Lot Area Table). §18.40.105, or ifa structured internal parking facility is provided, then required lot area may be reduced by up to 50 %. Lot Width: Apply standards of §18.16.040.B, "fable 16 -3 (Lot Width Table). Lots shall be sized to accommodate required open space required in 418.50.020.E as applicable. c. Yards 1. Front yard: • Adjacent to arterial streets: 25 feet minimum. • Adjacent to collector streets: 15 feet minimum — 20 feet maximum. • Adjacent to local streets: 10 feet minimum — 15 feet maximum. 2. Rear yard: 10 feet minimum. • Adjacent to arterial streets: 25 feet minimum. 3. Side yard: 5 feet minimum. d. Building Height: 5 stories maximum. e. Garages To ensure that multiple household dwellings contribute to a coin munity- oriented, pedestrian - friendly streetscape, they must comply with the following specific standards of this Title. 1. § 18.16.070 Residential Garages 2. §18.44.090.C.2.a Drive Access Requirements -Residential 3. § 18.46.010.13 Stacking of Off-Street Parking 'Spaces 4. 418.46.010.E No Parking Permitted in Required Front or aide Yards 5. § 18.46,010.F Parking Permitted in Rear Yards f. Bicycle Parking. Covered bicycle parking shall be provided by all apartments and group living development. The covered spaces shall be either 10 bicycle parking spaces or one -half of the total rninimum bicycle parking whichever is greater. 5. Residential: Mixed Use (Residential over Commercial) a. Lot Coverage and Floor Area Lot Coverage: 75 %u maximum or 100% if a structured parking facility is provided that accommodates all required parking. Floor Area: All vertical mixed use development shall provide a minimum floor area ratio of not less than 0.75:1. b. Lot Area and Width Lot Area: All mixed use lets shall have a minimum area adequate to provide required setbacks (yards) and parking. Lot Width: No minimum width for mixed use lots. Lots shall be sized to accommodate required open space required in §18.50!.020.E as applicable. c. Yards: Page 15 of 29 1. Minimum Yards. No minimum yards are required for the mixed -use district. Easements for utilities or other special standards may require buildings to be placed back from lot lines. 2. Maximum Setback. Buildings shall be oriented to the adjacent street. At least 50% of the total building frontage, which is oriented to the street, shall be placed within 10 feet of any minimum required separation from the property line, 3. Special Yard Requirements. All yards shall be subject to the provisions of § 18.30.060 Design Criteria and Development Standards in Entryway Corridors. § 183 8.060 Yard and Height Encroachments, Limitations and Exceptions, § 18.42.100 Watercourse Setback, § 18.44.100 Street Vision Triangle, and § 18.48.100 General Maintenance. BMC, when applicable. d. Building Height: Minimum height: 2 stories. Maximum height: 5 stories. e. Special Parking Standards I . Structured Parking Incentive. A floor area bonus of one square foot of nonresidential up to a total of 50% of the gross building area of all uses may be granted for each square foot of area of structured parking. 2. Parking for individual lots may be provided elsewhere within the district with a shared parking agreement, provided that the overall parking ratio for the district is comparable with documented parking ratios in developments of similar scale, intensity of use., population density, and scope. 3. Bicycle Parking. Covered bicycle parking shall be provided by all mixed use development. The covered spaces shall be either 10 bicycle parking spaces or one-half of the total minimum bicycle parking whichever is less. 6. Nonresidential a. Structures for authorized nonresidential uses are permitted in the REMU district and shall comply with the Intent and Purposes set forth in this chapter. Such uses in the REMU district are intended to provide neighborhood services and local employment. and complement existing and planned residential uses. Structures for nonresidential uses are subject to the following restrictions: b. The placement and building design of such structures should be integrated into all overall site development plan. c. Lot Coverage and Floor Area Lot coverage: 100% if parking requirements are met by shared or off-site parking facilities, or if a structured parking facility is provided that accommodates all required parking. Floor Area: ni i n i m urn FAR 0. 5:1. d. Lot Area and Width: 1. All newly created lots shall have a minimum area adequate to provide for required yards and parking. In the REMU district there is no minimum size for nonresidential lots. 2. There is no minimum width for nonresidential lots within the REMU district. e. Yards: Page 16 of 29 1. Minimum Yards. No rninirnurn yards are required for nonresidential uses. Easements for utilities or other special standards may require buildings to be placed back from lot lines. 2. Maximum Setback. Buildings shall be oriented to the primary street. At least 50% of the total building frontage, which is oriented to the street, shall be placed within 10 feet of any minimum required separation frorn the property line. 3. Special Yard Requirements. All yards shall be subject to the provisions of x+18.30.060 Design Criteria and Development Standards in Entryway Corridors, §18.38.060 Yard and Height Encroachments, Limitations and Exceptions. §18.42.100 Watercourse Setback, §18,44,100 Street Vision Triangle, and §18.48.100 General Maintenance, § I 8.48.050.0 Parking Lot landscaping, 18.48.050.13 Additional Screening Requirements, BMC, when applicable. f, Buildhil..1, Height: Mini►nurn height: 15 feet measured from the building's primary street frontage Maximum height: 5 stories. Single-story, single-use commercial buildings in compliance with all other standards of this chapter permitted. g. Special Parking Standards: I . Structured Parking Incentive. A floor area bonus of one square foot of nonresidential up to a total of 50% of the gross building area of all uses may be granted for each square foot of area of structured parking, 2. Parkina Z , for individual lots may be provided elsewhere within the district with a shared parking agreement, provided that the overall parking ratio for the district is comparable with documented parking ratios in developments of similar scale, intensity of use, population density, and scope. 3. Bicycle Parking. Covered bicycle parking shall be provided by all nonresidential development. The covered spaces shall be either 10 bicycle parking spaces or one-half of the total minimum bicycle parking whichever is less." Section 3 That Section 18.36.030 of the Unified Development Ordinance be amended so that such section shall read as follows: 18.36.030 SPECIAL CONDITIONS OF A PLANNED UNIT DEVELOPMENT The following special conditions shall apply to any planned unit development: A. Single Ownership. The tract or parcel of land involved shall be either in one ownership or the subject of an application filed jointly by the owners of all the property to be included. B. Title Holdip gs. The approved final plan shall specify the manner of holding title to areas and facilities of joint use and how areas of joint use shall be maintained. Normally such areas and facilities shall be retained in title by the developers of the development or deeded to an organization composed of all owners in the development and meeting the requirements of § 18.72.020, BMC. Page 17 of 29 . ..... ...... ■ 11, M.N.We Mo. I N Section 4 Section 18.36.090.E.2.a.(7) of the Unified Development Ordinance be amended so that such section shall read as follows: "(c) Designed to meet LEED-ND and be conditionally Uproved or have pre-certification by the authority (15 points) (f) Inclusion of a Low Impact Develop went.. Plan (6 points) that includes the follpAing; (i) On -site stormwater treatment systems that exceed the requirements of BMC Title 14, Stormwater, including but not limited to: incorporating drainqgg methods and technologies that treat, detain and/or infiltrate stormwater as close as possible to the source of run-off and the use of natural drainage systems across sites, rather than underground closed-pipe systems to the extent feasible. Natural drainage systems reduce the negative impacts of stormwater runoff by redesigning residential streets to take advantage of plants, trees and soils to clean runoff and manage stormwater flows. Ventated swales, stormwater cascades, and small wetland ponds allow soils to absorb water, slowing flows and filtering out many contaminants. (ii) The Low Impact Development Plan shall be integrated with the Snow Storage and Management Plan (iii) At least 75% of new planting should be chosen from the list,. of Drought Tolerant Plants & Xeriscgping in Montana (2010), produced by the Montana Nursery & Landscape Association, or Approved /updated equivalent list approved by the City of Bozeman. Any species listed as noxious or invasive in Montana shall be avoided. (iv) Inclusion of weather-based irrigation controllers. (v) Limitations in the Covenants or Design Guidelines on the amount and type of sod permitted. Sustainable Design and Construction (6 points) (i) Covenants or Design Guidelines that include a commitment to design the majority of buildings to meet LEED certification requirements or approved equivalent certification gpproved by the Cily of Page 18 of 29 Bozeman- Equivalent certification programs will also be considered during , Preliminga PUD review. (ii) EngMy use reduction. Residential Covenants or Design Guidelines shall include a commitment to build third pqLly certified homes, which meet guidelines that make them at least 20% more efficient than standard homes. Non-residential Covenants and Desip - n Guidelines shall include a commitment to build and certafv buildings that meet the EPA's ENERGY STAR challenge or approved pAgivalent program. Equivalent programs will also be considered during Preliminary PUD review. (iii) Water use reduction. Covenants or Design Guidelines shall include a commitment to use EPA's WaterSense certified products for all kitchen, bathroom and irrigation hardware. Equivalent pro grams will also be considered during Prel iminary PUD review. (iv) Provision of solar, wind or other alternative energy sources or participation in an approved cash-in-lieu program. A coordinated and detailed - plan_ on how the development will address this component shall be submitted. (h) Integrated and coordinated wqy-findiny, measures bgy minimum requirements within the overall project (4 points) (i) On-site recycling transfer station t4 points) (j) Public transportation bus station or enhanced covered bus stop (1 point per station or enhanced stop) (k) Streetscqpe Improvements (6 points): Streetscape design features that exceed the minimum street standards including street furniture, pedestrian lighting, low-impact development techniques, on-street parking standards, crosswalks, landsca pe and planting, MLay-finding, public art or other design elements. Such elements must be installed as part of the street infrastructure." Section 5 That Section 18.36.090.E.1b of the Unified Development Ordinance be amended so that such section shall read as follows: b. Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3, R-4, RMH and R-0 zoning districts) may include a variety of housing types designed to enhance the natural environmental, conserve energy, recognize, and to the maximum extent possible, preserve and promote the unique character of neighborhoods, with provisions for a mix of limited commercial development. For purposes of this section, "limited commercial development" means uses listed in the B-1 neighborhood service Page 19 of 29 district (Chapter 18.18, BMC), within the parameters set forth below. All uses within the PUD must be sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood. The permitted number of residential dwelling units shall be determined by the provision of and proximity to public services and subject to the following limitations: (1) On a net acreage basis, is the average residential density in the project (calculated for residential portion of the site only) consistent with the development densities set forth in the land use guidelines of the Bozeman growth policy? (2) Does the project provide for private outdoor areas (e.g., private yards, patios and balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? (3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? (4) If the project is proposing a residential density bonus as described below, does it include a variety of housing types and styles designed to address community wide issues of affordability and diversity of housing stock? (5) Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? (6) Residential Density Bonus. If the project is proposing a residential density bonus (30 percent maximum) above the residential density of the zoning district within which the project is located and which is set forth in Chapter 18.16, BMC, does the proposed project exceed the established regulatory design standards (such as for setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent neighborhood development? The number of dwelling units obtained by the density bonus shall be determined by dividing the lot area required for the dwelling unit type by one plus the percentage of density bonus sought. The minimum lot area per dwelling obtained by this calculation shall be provided within the project. Those dwellings subject to Chapter 17.02 BMC shall be excluded in the base density upon which the density bonus is calculated. (7) Limited Commercial. If limited commercial development, as defined above, is proposed within the project, is less than 20 percent of the gross area of the PUD designated to be used for offices or neighborhood service activities not ordinarily allowed in the particular residential zoning district? (a) If - neighborhood service activities are proposed within the project, is a market analysis provided demonstrating that Page 20 of 29 less than 50 percent of the market required to support proposed neighborhood service activities is located outside the immediate area of the PUD and are the neighborhood services of a nature that does not require drive-in facilities or justification for through traffic? (b) If the project contains limited commercial development, as defined above, is the project located at the intersection of arterial streets, or arterial and collector streets? (c) If the project contains limited commercial development, as defined above, has the project been sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood and have the commercial activities been developed at a scale compatible with residential development? (8) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? Section 6 That Section 18.36.090.E.2 of the Unified Development Ordinance be amended by adding Section 18,36.090.E.2.e to read as follows: 44 e. Mixed Use, Planned unit developments in mixed use areas (REMU, UMU zoning districts) may include commercial, light industrial, residential and mixes of various primary and accessory uses. The particular types or combination of uses shall be determined based upon its merits, benefits, potential impact upon adjacent land uses and the intensity of development. (1) Is the project substantially consistent with the intent and purpose statements for the underlying zoning district? (2) Is the project located adjacent or within proximity to an arterial or collector street that provides adequate access to the site? (3) Is the project on at least two acres of land? (4) Do the uses relate to each other in terms of location within the PUD, pedestrian and vehicular circulation, architectural design, utilization of common open space and facilities, streetscape, etc.? (5) Does the overall project achieve or exceed the FAR "Floor Area Ratios" envisioned for the underlying district? (6) Is it compatible with and does it reflect the unique character of the surrounding area? (7) Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces? (8) Does the project encourage infill, or does the project otherwise demonstrate compliance with the land use guidelines of the Bozeman growth policy? Page 21 of 29 (9) Does the project provide for outdoor recreational areas (such as urban plazas, courtyards, landscaped areas, open spaces, or urban trails) for the use and enjoyment of those living in, working in or visiting the development? (10) Does the project provide for private outdoor areas (e.g., private yards, patios and/or balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? (11) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? (12) Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? (13) If the project is proposing a residential density bon as described below, does it include a variety of housing types and urban styles designed to address community wide issues of affordability and diversity of housing stock? (14) Residential Density Bonus. If the project is proposing a residential density bonus (30 percent maximum) above the residential density of the zoning district or building type within which the project is located and which is set forth in Chapter 18.16, BMC, does the proposed project exceed the established regulatory design standards (such as for setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent neighborhood development? The number of dwelling units obtained by the density bonus shall be determined by dividing the lot area required for the dwelling unit type by one plus the percentage of density bonus sought. The minimum lot area per dwelling obtained by this calculation shall be provided within the project. Those dwellings subject to Chapter 17.02 BMC shall be excluded in the base density upon which the density bonus is calculated." Section 7 That Section 18.40.0303 of the Unified Development Ordinance be amended so that such section shall read as follows: B. An owner or the owners of real property may establish per §18.34.050 and maintain an accessory dwelling unit, in the R-2, R-3, R-4 ofR-0 or, REMU . (Residential Single- Household lots only) districts if all of the following conditions are met and continue to be met during the life of the accessory dwelling unit. If the following conditions are not met the dwelling shall be reviewed under the provisions of § 18.34.090, BMC. Section 8 Page 22 of 29 That Chapter 18.40 of the Unified Development Ordinance be amended by adding Section 18.40.105 to read as follows: "18.40.105 GROUP LIVING A. Applicability. All group living uses (as defined in Section 18.80.1275) except for health care facilities and community residential facilities with eight or fewer residents are subject to the standards of this section. B. Density, I The density of residents in a group living use is limited to generally approximate and correspond with the density limits that apply to other types of housing in residential zoning districts. Limiting density addresses areas of legitimate public concern and the purposes of zoning as established by the state legislature and adopted locally in Section 18.02.040, BMC. 2. For the purpose of these regulations, "residents" include all people living at the site, including children; except that people who provide support services, building maintenance, care, and supervision, are not considered residents. 3. Group living use requires the following area of land within the site for each resident. District Minimum Area required Name per Resident in Square Feet REMU 602 C. On-site Service and Facilities. In any R district, on-site services and facilities may be provided only to residents of the group living use, D. Group living is not a substitute for a hotel, motel, or other transitory service facility. Therefore, duration of terms of occupancy for residents is 30 days or greater." Section 9 That Section 18.46.040.A Table 46-2 of the Unified Development Ordinance be amended so that such section shall read as follows: Table 46-2 Dwelling Types Parking Spaces Requiredper Dwelling Accessory dwelling unit I Lod ginghouse .75 spaces per person of approved capaci!X Efficiency unit 1.2.5 One-bedroom 1.5 Two-bedroom 2 Three-bedroom 3 Page 23 of 29 Dwelling Types Parking Spaces Required per Dwelling Dwellin gs with more than three bedrooms 4 Group homes and community residential facilities .75 spaces per person of approved capacity Bed and breakfast I spacc/rental unit Manufactured Home 2 All types of dwellings within the B-3 district I Group Living I space per resident I A facility may request to provide fewer parking spaces if they provide evidence that the residents are prohibited from operating motor vehicles. Under no condition shall less than two parking spaces be provided If the use of the facility is altered to serve a different population who may operate motor vehicles, then the additional required parking shall be provided before the change is use may occur. Section 10 That Section 18.46.040.B.3.b of the Unified Development Ordinance be amended so that such section shall read as follows: b. Community Commercial. and Residential Emphasis Mixed Use. Within zoning districts lying within a commercial node, as defined in Chapter 18.80, and the REMU District the parking requirements for nonresidential uses may be reduced. Section 11 That Section 18.50.020.A of the Unified Development Ordinance be amended so that such section shall read as follows: 18.50.020 PARK AREA AND OPEN SPACE REQUIREMENTS A. The area required by § 18.50.020.A shall be provided. The required area or its equivalent may be provided by any combination of land dedication, cash donation in-lieu of land dedication, or an alternative authorized by §18.50.100, BMC, subject to the standards of this title. When the net residential density of development is known, three-one-hundredths (0.03) acres per dwelling unit of land shall be provided. a. When the net residential density of development is known at the time of preliminary plat and net residential density is in excess of eight dwellings per acre, the requirement for dedication for that density above eight dwellings per acre shall be met with a cash donation in-lieu of the additional land unless specifically determined otherwise by the City Commission. Page 24 of 29 b, These requirements are based on the community need for parks and the development densities identified in the growth policy and this title. C. Net residential density of development is known when a plat or site plan depicts a set number of lots and the final number of residential units at full buildout can be reasonably determined. d. When developed as group living, in lieu of three-one-hundredths (0.03 acres per dwelling unit, an area of 575 square feet per resident shall be provided up to a limit of 27 persons per net acre. e. The required area dedication or its equivalent shall not be required for any residential density in excess of the following: (1) For development within the R-1, R-2, and R-MH zoning districts, the maximum net residential density shall be 10 dwellings per acre. (2) For development within the R-3, R-4,-and R-0, and REMU zoning districts, the maximum net residential density shall be 12 dwellings per acre. (3) For development within other zoning districts not previously specified and developed for residential uses, the maximum net residential density shall be 12 dwellings per acre Mal 2. If net residential density of development is unknown, .03 acres per dwelling of land dedication or its equivalent shall be provided as follows: a. For initial subdivision or other development: (1) For development within the R-1, R-2, and R-MH zoning districts an area equal to that required for six dwellings per net acre, (2) For development within the R-3, R-4, and unless legally restricted from residential uses R-0 zoning districts, and REMU, an area equal to that required for eight dwellings per net acre. (3) For development within other zoning districts not previously specified and which are intended for residential development, the equivalent to an area dedication for six dwellings per net acre shall be provided as cash-in-lieu, b. For subsequent development when net residential density becomes known, the net residential density per acre shall be rounded to the nearest whole number and applied as follows: (1) For development within the R-1, R-2, and R-MH zoning districts the land area equivalent for the additional net residential density not to exceed a total, including prior dedications, of 10 dwellings per acre shall be provided as cash-in-lieu. (2) For development within the R-3, R-4, a-ad R-0, and REMU, zoning districts the land area equivalent for the additional net residential density not to exceed a total, including prior dedications, of 12 dwellings per acre shall be provided as cash-in-lieu. Page 25 of 29 (3) For development within other zoning districts not previously specified and developed for residential uses for the additional net residential density not to exceed a total, including prior dedications, of 12 dwellings per acre shall be provided as cash-in- lieu. (4) When developed as group living:, in lieu of three-one-hundredths (0.03) acres per dwelling unit, an area of 575 square feet per resident shall be provided up to a limit of 27 persons net acre. Section 12 That Section 18.52.050.A of the Unified Development Ordinance be amended so that such section shall read as follows: A, Residential Zones ( R-S, R-1, R-2, R-3, R-4, RMI-1, REMU [Single-household, two to four household, townhouse, and apartments]). Section 13 That Section 18.52.0503 of the Unified Development Ordinance be amended so that such section shall read as follows: & Commercial and Manufacturing Zones (R-O, B-1, B-2, B-3, UMU, M-1, M-2, BP, PLI, HMU, REMU [mixed use, nonresidential]). Section 14 That Section 18.52.060.A of the Unified Development Ordinance be amended so that such section shall read as follows: A. Commercial,... Manufacturing, and Public Land Zones f B.-2,. B-3, UMU, M-1, M-2, BP, PLI, HMU, REMU [_mixed use, nonresidential Section 15 That Section 18.52.060.0 of the Unified Development Ordinance be amended so that such section shall read as follows: C. Residential Zones (R-S, R-1, R-2, R-3, R-4, RMH, REMU). Page 26 of 29 Section 16 That Section 18.54.030.13 'fable 54 -1 of the Unified Development Ordinance be amended so that such section shall read as follows: Table 54 -1 Zoning District ................. Lame scale Small scale Micro scale Nonbroadeast PLI P P A P M -2 P P A P M -1 P P A P B -P C P/C A I' B -3 C P/C A P B -2 C P/C A P B -i C P/C A P REMU PUD P/C A C R -O PUD C P C R -4 PUD C P C R -3 PUD C P C R-2 PUD C P R -1 PL1 D C P - R -S PUD C P C '(onditioncd use review is required when theproposeclfr eility exceeds the /height linritatiorr ref the district. Section 17 That Section 18.54.040.8 Table 54 -2 of the Unified Development Ordinance be amended so that such section shall read as follows: Table 54 -2 Zoning District Large-scale Small -scale Micro -scale Nonbroadeast PLI b b b - M-2 b b b - M -1 b b b B -P C a,c b B -3 C ax b B -2 C ax b B -1 c a,C b - REMU d_ —ac b - R -0 d a,c a,b - R -4 d ax a,b - R -3 d a,c a,b - R -2 d a,e a,b R -I d a,c a,b - R -S d a,e a.b - Page 27 of 29 Section 18 That Chapter 18.80-of the Unified Development Ordinance be amended by adding Section 18.80,1275 to read as follows: "18.80.1275 Group Living A building, portion of a building or a complex of buildings under unified control and management which contains facilities for living, sleeping, sanitation, eating and cooking for occupancy for residential uses; and which does not otherwise meet the definition of another residential use defined in this title. Eating and cooking areas may be shared in whole or part." Section 19 Severability. if 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 growth policy which may be given effect without the invalid provision or application and, to this end, the provisions of this growth policy are declared to be severable. Section 20 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 21 Codification Instruction. The provisions of Sections I through 18 shall be codified as appropriate in Title 18, Unified Development Ordinance, of the Bozeman Municipal Code, as amended. Section 22 Effective Date. The effective date of this ordinance is 30 days after passage on 2 d reading, Page 28 of 29 Provisionally Adopted by the City Commission of the City of Bozeman, Montana, on first reading., at a regular session thereof held on the 28th day of March 2011. ATT EST: J I . KRAUSS y iE C C1 cf 6r �w < 't (IRA 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 11"' day of April, 2011. I,r "VO4.11.6 f S A+CY I ILN Chi J City Cle 188.E .I Y RAUSS a It r ►I. iGIrG S ULLIVAN City Attorney Page 29 of 29