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HomeMy WebLinkAboutBozeman chapter 38 Xyvision ProofsChapter 38 UNIFIED DEVELOPMENT CODE* Article 1. In General Sec. 38.01.010. Citation. Sec. 38.01.020. Authority. Sec. 38.01.030. Jurisdictional area and application. Sec. 38.01.040. Intent and purpose of chapter. Sec. 38.01.050. Interpretation as minimum requirements. Sec. 38.01.060. Donations or grants to public considered a grant to donee. Sec. 38.01.070. Conditions of approval. Sec. 38.01.080. Compliance with regulations required. Sec. 38.01.090. Development that lies within multiple jurisdictions. Sec. 38.01.100. Private restrictions. Sec. 38.01.110. Severability. Article 2. Subdivision and Platting Administrative Procedures Sec. 38.02.010. Transfers of title. Sec. 38.02.020. Effect of recording complying plat. Sec. 38.02.030. Correction of errors, amendments or vacation of recorded final plats. Sec. 38.02.040. Correction of recorded plat by governing body. Sec. 38.02.050. Disposition of water rights. Article 3. Review Procedures for Subdivisions Sec. 38.03.010. General procedure. Sec. 38.03.020. Presubmittal meeting and preapplication plan review. Sec. 38.03.030. Concurrent review. Sec. 38.03.040. Preliminary plat. Sec. 38.03.050. Notice of certification that water and waste services will be provided by local government. Sec. 38.03.060. Final plat application. Sec. 38.03.070. Changes to filed subdivision plats. Article 4. Land Subdivisions Created by Rent or Lease Sec. 38.04.010. General. Sec. 38.04.020. Procedure, submittal requirements and review criteria. Sec. 38.04.030. Timing of improvements. Sec. 38.04.040. Filing of final plan. Article 5. Subdivision Exemptions Sec. 38.05.010. Divisions of land entirely exempt from the requirements of this chapter and the state subdivision and platting act. *State law reference—Land resources and use, MCA 76-1-101 et seq. CD38:1PROOFS Sec. 38.05.020. Specific divisions of land exempt from review but subject to survey requirements and zoning regulations for divi- sions of land not amounting to subdivisions. Sec. 38.05.030. Exemptions from surveying and filing requirements but subject to review. Sec. 38.05.040. Condominiums. Sec. 38.05.050. Exemption from surveying and platting requirements for lands acquired for state highways. Sec. 38.05.060. Procedures and general requirements. Sec. 38.05.070. Exemption review criteria. Sec. 38.05.080. Procedures for filing certificates of survey of divisions of land entirely exempted from the requirements of the act. Sec. 38.05.090. Correction of errors. Article 6. Subdivision Certificates Sec. 38.06.010. General. Sec. 38.06.020. Dedication or consent. Sec. 38.06.030. Mortgagee. Sec. 38.06.040. Park land. Sec. 38.06.050. Surveyor. Sec. 38.06.060. Improvements. Sec. 38.06.070. Governing body. Sec. 38.06.080. Exclusion from MDEQ review. Sec. 38.06.090. County treasurer. Sec. 38.06.100. Clerk and recorder. Sec. 38.06.110. Certification of use of exemption claim. Article 7. Zoning Districts and Zoning Map Sec. 38.07.010. Use districts designated, zoning map adopted. Sec. 38.07.020. Official map availability, certification and authority; changes. Sec. 38.07.030. Official map replacement conditions. Sec. 38.07.040. Boundary interpretation guidelines. Sec. 38.07.050. Classification of particular uses; planning director and city commission authority. Sec. 38.07.060. Zoning of annexed territory. Article 8. Residential Zoning Districts Sec. 38.08.010. Intent and purpose. Sec. 38.08.020. Authorized uses. Sec. 38.08.030. Lot coverage and floor area. Sec. 38.08.040. Lot area and width. Sec. 38.08.050. Yards. Sec. 38.08.060. Building height. Sec. 38.08.070. Residential garages. Sec. 38.08.080. Additional RMH district performance standards. Sec. 38.08.090. Minimum density. BOZEMAN MUNICIPAL CODE CD38:2PROOFS Article 9. Residential Emphasis Mixed Use (Reserved) Article 10. Commercial Zoning Districts Sec. 38.10.010. Intent and purpose. Sec. 38.10.020. Authorized uses. Sec. 38.10.030. Lot coverage and floor area. Sec. 38.10.040. Lot area and width. Sec. 38.10.050. Yards. Sec. 38.10.060. Building height. Article 11. Urban Mixed-Use Zoning District Sec. 38.11.010. Intent and purpose. Sec. 38.11.020. Authorized uses. Sec. 38.11.030. Lot coverage and floor area. Sec. 38.11.040. Lot area and width. Sec. 38.11.050. Yards. Sec. 38.11.060. Building height. Sec. 38.11.070. Special standards. Article 12. Industrial Zoning Districts Sec. 38.12.010. Intent and purpose. Sec. 38.12.020. Authorized uses. Sec. 38.12.030. Lot coverage and floor area. Sec. 38.12.040. Lot area and width. Sec. 38.12.050. Yards. Sec. 38.12.060. Building height. Article 13. Public Lands and Institutions District Sec. 38.13.010. Intent. Sec. 38.13.020. Applicability. Sec. 38.13.030. Authorized uses. Sec. 38.13.040. Lot area and width. Sec. 38.13.050. Lot coverage. Sec. 38.13.060. Yards. Article 14. Northeast Historic Mixed-Use District Sec. 38.14.010. Intent and purpose. Sec. 38.14.020. Authorized uses. Sec. 38.14.030. Lot area and width. Sec. 38.14.040. Lot coverage and floor area. Sec. 38.14.050. Yards. Sec. 38.14.060. Building height. Sec. 38.14.070. Residential garages. Sec. 38.14.080. Special standards and requirements. UNIFIED DEVELOPMENT CODE CD38:3PROOFS Article 15. Requirements for Creation of a Historic Mixed-Use District Sec. 38.15.010. Description and purpose. Sec. 38.15.020. Criteria for establishment of the historic mixed-use dis- trict. Sec. 38.15.030. Historic mixed-use district elements. Sec. 38.15.040. Initiation, procedures and notice. Article 16. Neighborhood Conservation Overlay District Sec. 38.16.010. Intent and purpose. Sec. 38.16.020. Design review board and administrative design review staff powers and duties within conservation districts. Sec. 38.16.030. Conservation district designation or recision. Sec. 38.16.040. Certificate of appropriateness. Sec. 38.16.050. Standards for certificates of appropriateness. Sec. 38.16.060. Application requirements for certificates of appropriate- ness in conservation districts. Sec. 38.16.070. Deviations from underlying zoning requirements. Sec. 38.16.080. Demolition or movement of structures or sites within the conservation district. Sec. 38.16.090. Appeals. Article 17. Bozeman Entryway Corridor Overlay District Sec. 38.17.010. Title. Sec. 38.17.020. Intent and purpose. Sec. 38.17.030. Application of entryway corridor provisions. Sec. 38.17.040. Design review board and administrative design review staff powers and duties within entryway corridors. Sec. 38.17.050. Certificate of appropriateness. Sec. 38.17.060. Design criteria and development standards in entryway corridors. Sec. 38.17.070. Application requirements for certificates of appropriate- ness in entryway corridor. Sec. 38.17.080. Deviation from overlay or underlying zoning require- ments. Sec. 38.17.090. Appeals. Article 18. Casino Overlay District Sec. 38.18.010. Intent. Sec. 38.18.020. Application for zoning designation. Sec. 38.18.030. Authorized uses. Sec. 38.18.040. Restrictions. Sec. 38.18.050. Lot area and width. Sec. 38.18.060. Lot coverage. Sec. 38.18.070. Yards. Sec. 38.18.080. Building height. BOZEMAN MUNICIPAL CODE CD38:4PROOFS Article 19. Site Plan Review Sec. 38.19.010. Introduction. Sec. 38.19.020. Classification of site plans. Sec. 38.19.030. Special development proposals; additional application requirements, review procedures and review criteria. Sec. 38.19.040. Review authority. Sec. 38.19.050. Sketch plan review. Sec. 38.19.060. Application of site plan review procedures. Sec. 38.19.070. Site plan review procedures. Sec. 38.19.080. Application for conditional use permit; notice require- ments. Sec. 38.19.090. Site plan and master site plan review criteria. Sec. 38.19.100. Board of adjustment consideration and record for condi- tional use permits. Sec. 38.19.110. Certificates of appropriateness; additional review proce- dures and review criteria. Sec. 38.19.120. Public notice requirements. Sec. 38.19.130. Final site plan. Sec. 38.19.140. Building permits based upon approved sketch or site plans. Sec. 38.19.150. Amendments to sketch and site plans. Sec. 38.19.160. Modification or enlargement of structures authorized under a conditional use permit. Sec. 38.19.170. Reuse, change in use or further development of sites developed prior to the adoption date of the ordinance from which this chapter is derived. Sec. 38.19.180. Improvements to existing developed sites independent of site plan review. Sec. 38.19.190. Special temporary use permit. Sec. 38.19.200. Appeals. Sec. 38.19.210. Improvements. Article 20. Planned Unit Development Sec. 38.20.010. Intent. Sec. 38.20.020. Application and uses of a planned unit development. Sec. 38.20.030. Special conditions of a planned unit development. Sec. 38.20.040. Planned unit development review procedures and criteria. Sec. 38.20.050. Plan submittal requirements. Sec. 38.20.060. Duration of planned unit development approval. Sec. 38.20.070. Phasing of planned unit developments. Sec. 38.20.080. Enforcement of approval requirements and conditions. Sec. 38.20.090. Planned unit development design objectives and criteria. Sec. 38.20.100. North 19th Avenue/West Oak Street entryway corridors. Article 21. General Land Use Standards and Requirements Sec. 38.21.010. Area requirements for individual buildings - restrictions. Sec. 38.21.020. Yards and lots reduction prohibited. Sec. 38.21.030. Use of lands; buildings and structures. UNIFIED DEVELOPMENT CODE CD38:5PROOFS Sec. 38.21.040. Dwelling unit restrictions. Sec. 38.21.050. Accessory buildings, uses and equipment. Sec. 38.21.060. Yard and height encroachments, limitations and excep- tions. Sec. 38.21.070. Standards for specific site impacts and elements. Sec. 38.21.080. Clean up of property and revegetation required. Article 22. Standards for Specific Uses Sec. 38.22.010. Purpose. Sec. 38.22.020. Applicability. Sec. 38.22.030. Accessory dwelling units. Sec. 38.22.040. Adult businesses. Sec. 38.22.050. Alcohol sales for on-premises consumption. Sec. 38.22.060. Automobile repair and/or fuel sales. Sec. 38.22.070. Automobile washing establishment. Sec. 38.22.080. Cemeteries. Sec. 38.22.090. Condominiums. Sec. 38.22.100. Convenience uses and drive-through/drive-in restaurants. Sec. 38.22.110. Home-based businesses. Sec. 38.22.120. Manufactured home communities. Sec. 38.22.130. Manufactured homes on individual lots. Sec. 38.22.140. Mini warehouses. Sec. 38.22.150. Outdoor sales and display. Sec. 38.22.160. Portable carry-out food and beverage buildings. Sec. 38.22.170. Recreational vehicle park and overnight campground. Sec. 38.22.180. Large-scale retail, size limitations and design and site development guidelines and requirements. Sec. 38.22.190. Stable, commercial. Sec. 38.22.200. Tennis and racquet club. Sec. 38.22.210. Community center. Sec. 38.22.220. Medical marijuana. Article 23. Development Standards Sec. 38.23.010. General standards. Sec. 38.23.020. Neighborhood centers. Sec. 38.23.030. Lot. Sec. 38.23.040. Blocks. Sec. 38.23.050. Utilities. Sec. 38.23.060. Easements. Sec. 38.23.070. Municipal water, sanitary sewer and storm sewer systems. Sec. 38.23.080. Grading and drainage. Sec. 38.23.090. Fire protection requirements. Sec. 38.23.100. Watercourse setback. Sec. 38.23.110. Ridgelines and viewsheds. Sec. 38.23.120. Mail delivery. Sec. 38.23.130. Fences, walls and hedges. Sec. 38.23.140. Off-street loading berth requirements. Sec. 38.23.150. Lighting. BOZEMAN MUNICIPAL CODE CD38:6PROOFS Sec. 38.23.160. Outdoor storage. Sec. 38.23.170. Trash and garbage enclosures. Sec. 38.23.180. Water rights. Article 24. Transportation Facilities and Access Sec. 38.24.010. Streets, general. Sec. 38.24.020. Street and road dedication. Sec. 38.24.030. Intersections. Sec. 38.24.040. Street names. Sec. 38.24.050. Street and road right-of-way width and construction standards. Sec. 38.24.060. Street improvement standards. Sec. 38.24.070. Street lighting. Sec. 38.24.080. Sidewalks. Sec. 38.24.090. Access. Sec. 38.24.100. Street vision triangle. Sec. 38.24.110. Transportation pathways. Sec. 38.24.120. Public transportation. Article 25. Parking Sec. 38.25.010. General provisions. Sec. 38.25.020. Stall, aisle and driveway design. Sec. 38.25.030. Maintenance of parking areas. Sec. 38.25.040. Number of parking spaces required. Sec. 38.25.050. Joint use of parking facilities. Sec. 38.25.060. Off-site parking. Article 26. Landscaping Sec. 38.26.010. Purpose and intent. Sec. 38.26.020. Interpretation and scope. Sec. 38.26.030. General landscaping provisions. Sec. 38.26.040. Landscape plan review. Sec. 38.26.050. Mandatory landscaping provisions. Sec. 38.26.060. Landscape performance standards. Sec. 38.26.070. Landscaping of public lands. Sec. 38.26.080. Deviation from landscaping requirements. Sec. 38.26.090. Landscaping completion. Sec. 38.26.100. General maintenance. Article 27. Park and Recreation Requirements Sec. 38.27.010. General. Sec. 38.27.020. Park area and open space requirements. Sec. 38.27.030. Cash donation in-lieu of land dedication. Sec. 38.27.040. Park use. Sec. 38.27.050. Location. Sec. 38.27.060. Frontage. UNIFIED DEVELOPMENT CODE CD38:7PROOFS Sec. 38.27.070. Linear parks. Sec. 38.27.080. Park development. Sec. 38.27.090. Waiver of park maintenance district. Sec. 38.27.100. Waiver of required park dedication. Sec. 38.27.110. Recreation pathways. Article 28. Signs Sec. 38.28.010. Intent and purpose. Sec. 38.28.020. Sign permit requirements. Sec. 38.28.030. Prohibited signs. Sec. 38.28.040. Permitted temporary and special event signs. Sec. 38.28.050. Signs exempt from permit requirements. Sec. 38.28.060. Signs permitted upon the issuance of a sign permit. Sec. 38.28.070. Wayfinding signage. Sec. 38.28.080. Comprehensive sign plan. Sec. 38.28.090. Multitenant complexes with less than 100,000 square feet of ground floor area. Sec. 38.28.100. Multitenant complexes with more than 100,000 square feet of ground floor area. Sec. 38.28.110. Indoor shopping mall complexes with more than 100,000 square feet of ground floor area. Sec. 38.28.120. Illumination. Sec. 38.28.130. Street vision triangles. Sec. 38.28.140. Required address signs. Sec. 38.28.150. Billboards and other off-premises advertising. Sec. 38.28.160. Signs erected in conjunction with nonprofit activities on public property. Sec. 38.28.170. Historic or culturally significant signs. Sec. 38.28.180. Application. Sec. 38.28.190. Maintenance of permitted signs. Sec. 38.28.200. Nonconforming signs. Sec. 38.28.210. Substitution. Sec. 38.28.220. Severability. Article 29. Telecommunications Sec. 38.29.010. Intent, purpose and applicability. Sec. 38.29.020. Special submittal requirements. Sec. 38.29.030. Uses within districts and required review procedures. Sec. 38.29.040. Standards. Article 30. Wetland Regulations Sec. 38.30.010. Title and applicability. Sec. 38.30.020. Intent and purpose. Sec. 38.30.030. Application of wetland regulations. Sec. 38.30.040. Wetlands review board powers and duties. Sec. 38.30.050. Wetlands mapping. Sec. 38.30.060. Regulated activities. BOZEMAN MUNICIPAL CODE CD38:8PROOFS Sec. 38.30.070. Application requirements and procedures for regulated activities in regulated wetland areas. Sec. 38.30.080. Review standards. Sec. 38.30.090. Wetland permit conditions. Sec. 38.30.100. Appeals. Sec. 38.30.110. Enforcement. Article 31. Floodplain Regulations Sec. 38.31.010. Title. Sec. 38.31.020. Purpose. Sec. 38.31.030. Jurisdictional area. Sec. 38.31.040. Floodplain regulation establishment and applicability. Sec. 38.31.050. Abrogation and greater responsibility. Sec. 38.31.060. Floodplain administrator. Sec. 38.31.070. Regulation interpretation. Sec. 38.31.080. Compliance with regulations. Sec. 38.31.090. Flood hazard evaluation. Sec. 38.31.100. Rules for interpretation of floodplain district boundaries. Sec. 38.31.110. Warning and disclaimer of liability. Sec. 38.31.120. Disclosure provision. Sec. 38.31.130. Administration of regulations. Sec. 38.31.140. Permit applications. Sec. 38.31.150. Emergency waiver. Sec. 38.31.160. Review; variances; appeals. Sec. 38.31.170. Floodplain development; compliance. Sec. 38.31.180. Emergency preparedness; planning. Sec. 38.31.190. Applications; specific standards. Sec. 38.31.200. Floodway—Uses allowed without floodplain permits. Sec. 38.31.210. Floodway—Uses requiring floodplain permits. Sec. 38.31.220. Floodway—Permits for flood control works. Sec. 38.31.230. Floodway—Permits for water diversions. Sec. 38.31.240. Floodway—Prohibited uses. Sec. 38.31.250. Floodway fringe—Uses allowed without permits. Sec. 38.31.260. Floodway Fringe—Uses requiring permits. Sec. 38.31.270. Floodplain—Prohibited uses. Sec. 38.31.280. Floodplain areas with flood elevations and no delineated floodway. Sec. 38.31.290. Shallow flooding (AO zones). Sec. 38.31.300. Applicability to unnumbered A zones. Sec. 38.31.310. A zones—Uses allowed without permits. Sec. 38.31.320. Same—Uses requiring permits. Sec. 38.31.330. Same—Prohibited uses. Sec. 38.31.340. Same—Floodplain boundary interpretation. Sec. 38.31.350. Floodproofing requirements—Certification. Sec. 38.31.360. Same—Conformance. Sec. 38.31.370. Same—Electrical systems. Sec. 38.31.380. Same—Heating systems. Sec. 38.31.390. Same—Plumbing systems. Sec. 38.31.400. Violation—Notice. UNIFIED DEVELOPMENT CODE CD38:9PROOFS Sec. 38.31.410. Same—Penalty. Article 32. Nonconforming Situations Sec. 38.32.010. Nonconforming uses. Sec. 38.32.020. Changes to or expansions of nonconforming uses. Sec. 38.32.030. Nonconforming area and bulk requirements for existing lots. Sec. 38.32.040. Nonconforming structures. Sec. 38.32.050. Changes to or expansions of nonconforming structures. Article 33. Development Review Committee (DRC), Design Review Board (DRB), Administrative Design Review Staff (ADR), Wetlands Review Board (WRB), Board of Adjustment (BOA) Sec. 38.33.010. Purpose of DRC, DRB, ADR, WRB, and BOA. Sec. 38.33.020. General procedures, notice and timing. Article 34. Administration, Fees and Penalties Sec. 38.34.010. Review authority. Sec. 38.34.020. Administration and enforcement; planning director au- thority. Sec. 38.34.030. Enforcement; planning director. Sec. 38.34.040. Stop-work order by planning director, building official, city engineer authority. Sec. 38.34.050. Permission to enter. Sec. 38.34.060. Inaccurate or incomplete information and waivers. Sec. 38.34.070. Coordinated reviews. Sec. 38.34.080. Date of submittal and associated review standards. Sec. 38.34.090. Planning director and building official; plan application checking; notice of noncompliance. Sec. 38.34.100. Building permit requirements. Sec. 38.34.110. Permit issuance; conformity with regulations required. Sec. 38.34.120. Permits issued contrary to title deemed void. Sec. 38.34.130. Expiration of permits. Sec. 38.34.140. Fee schedule. Sec. 38.34.150. Complaints of alleged violations; filing and recording. Sec. 38.34.160. Violation; penalty; assisting or abetting; additional rem- edies. Article 35. Appeals, Deviations and Variance Procedures Sec. 38.35.010. Purpose. Sec. 38.35.020. Hearing and notice requirements. Sec. 38.35.030. Administrative project decision appeals. Sec. 38.35.040. Administrative interpretation appeals. Sec. 38.35.050. Deviations. Sec. 38.35.060. Zoning variances. Sec. 38.35.070. Subdivision variances. BOZEMAN MUNICIPAL CODE CD38:10PROOFS Sec. 38.35.080. Appeals from city commission or board of adjustment actions. Article 36. Text Amendments Sec. 38.36.010. Initiation of amendments and changes. Sec. 38.36.020. Amendments; investigation requirements. Sec. 38.36.030. Public hearing procedures and requirements. Sec. 38.36.040. Protest text amendments. Article 37. Zoning Map Amendments Sec. 38.37.010. Initiation of amendments and changes. Sec. 38.37.020. Amendments and rezonings; investigation requirements. Sec. 38.37.030. Public hearing procedures and requirements. Article 38. Supplementary Documents Sec. 38.38.010. General. Sec. 38.38.020. Property owners' association. Sec. 38.38.030. Covenants. Article 39. Improvements and Guarantees Sec. 38.39.010. Purpose and applicability. Sec. 38.39.020. Standards for improvements. Sec. 38.39.030. Completion of improvements. Sec. 38.39.040. Special provisions for timing of certain improvements. Sec. 38.39.050. Acceptance of improvements. Sec. 38.39.060. Improvements agreements. Sec. 38.39.070. Payment for extension of capital facilities. Sec. 38.39.080. Types of acceptable securities. Sec. 38.39.090. Development or maintenance of common areas and facilities by developer or property owners' association. Sec. 38.39.100. Warranty. Article 40. Noticing Sec. 38.40.010. Purpose. Sec. 38.40.020. Contents of notice. Sec. 38.40.030. Notice requirements for application processing. Sec. 38.40.040. Notice of city approval within neighborhood conservation and entryway overlay districts. Article 41. Submittal Materials and Requirements Sec. 38.41.010. General. Sec. 38.41.020. Streambed, streambank and/or wetlands permits. Sec. 38.41.030. Subdivision preapplication plan. Sec. 38.41.040. Subdivision preliminary plat. UNIFIED DEVELOPMENT CODE CD38:11PROOFS Sec. 38.41.050. Preliminary plat supplements required for all subdivi- sions. Sec. 38.41.060. Additional subdivision preliminary plat supplements. Sec. 38.41.070. Final plat. Sec. 38.41.080. Site plan submittal requirements. Sec. 38.41.090. Certificates of appropriateness; additional application requirements, review procedures and review criteria. Sec. 38.41.100. Submittal requirements for landscape plans. Sec. 38.41.110. Sketch plan submittal requirements. Sec. 38.41.120. Planned unit development submittal requirements. Sec. 38.41.130. Submittal materials for regulated activities in wetlands. Sec. 38.41.140. Submittal materials for appeals of administrative project decisions. Sec. 38.41.150. Administrative interpretation appeals. Sec. 38.41.160. Submittal materials for variances. Sec. 38.41.170. Submittal materials for telecommunications. Article 42. Definitions Sec. 38.42.010. Definition of terms and interpretation of language. Sec. 38.42.020. Access or access way. Sec. 38.42.030. Accessory building or use. Sec. 38.42.040. Adaptive reuse. Sec. 38.42.050. Administrative design review (ADR) staff. Sec. 38.42.060. Adult business. Sec. 38.42.070. Affordable housing. Sec. 38.42.080. Aggrieved person. Sec. 38.42.090. Agricultural activity. Sec. 38.42.100. Agricultural water user facility. Sec. 38.42.110. Alley. Sec. 38.42.120. Aliquot part. Sec. 38.42.130. Alteration. Sec. 38.42.140. Animal hospital. Sec. 38.42.150. Animated sign. Sec. 38.42.160. Antenna. Sec. 38.42.170. Apartment. Sec. 38.42.180. Apartment building. Sec. 38.42.190. Appellant. Sec. 38.42.200. Applicant. Sec. 38.42.210. Architectural appearance. Sec. 38.42.220. Area of special flood hazard. Sec. 38.42.230. Area of signs. Sec. 38.42.240. Artificial lot. Sec. 38.42.250. Artificial obstruction/development. Sec. 38.42.260. Arts center and/or entertainment center. Sec. 38.42.270. Attached structure. Sec. 38.42.280. Automobile fuel sales or repair. Sec. 38.42.290. Automobile reduction yard. Sec. 38.42.300. Auto salvage yard. Sec. 38.42.310. Automobile washing establishment. BOZEMAN MUNICIPAL CODE CD38:12PROOFS Sec. 38.42.320. Awning. Sec. 38.42.330. Banner. Sec. 38.42.340. Bar (tavern, cocktail lounge). Sec. 38.42.350. Base flood. Sec. 38.42.360. Base flood elevation. Sec. 38.42.370. Basement. Sec. 38.42.380. Beacon. Sec. 38.42.390. Bed and breakfast home. Sec. 38.42.400. Building. Sec. 38.42.410. Building area. Sec. 38.42.420. Building envelope. Sec. 38.42.430. Building frontage. Sec. 38.42.440. Building height. Sec. 38.42.450. Building, principal. Sec. 38.42.460. Business. Sec. 38.42.470. Canopy. Sec. 38.42.480. Canopy tree. Sec. 38.42.490. Carport. Sec. 38.42.500. Casino. Sec. 38.42.510. Cemetery. Sec. 38.42.520. Certificate of appropriateness. Sec. 38.42.530. Certificate of survey. Sec. 38.42.540. Child. Sec. 38.42.550. Church. Sec. 38.42.560. City. Sec. 38.42.570. City commission. Sec. 38.42.580. Civic use. Sec. 38.42.590. Club, private (nonprofit). Sec. 38.42.600. Collocation. Sec. 38.42.610. Commercial message. Sec. 38.42.620. Commercial node. Sec. 38.42.630. Common open space. Sec. 38.42.640. Common ownership. Sec. 38.42.650. Community center. Sec. 38.42.660. Community residential facility. Sec. 38.42.670. Compatible development. Sec. 38.42.680. Compatible land use. Sec. 38.42.690. Conditional use. Sec. 38.42.700. Conditional use permit. Sec. 38.42.710. Conservation easement. Sec. 38.42.720. Contiguous tract. Sec. 38.42.730. Construction. Sec. 38.42.740. Convenience food restaurant. Sec. 38.42.750. Convenience use. Sec. 38.42.760. Cooperative household. Sec. 38.42.770. Covenant. Sec. 38.42.780. Date of submission. Sec. 38.42.790. Day care center. Sec. 38.42.800. Day care home, family. Sec. 38.42.810. Day care home, group. UNIFIED DEVELOPMENT CODE CD38:13PROOFS Sec. 38.42.820. Dedication. Sec. 38.42.830. Demolition. Sec. 38.42.840. Design review. Sec. 38.42.850. Design review board. Sec. 38.42.860. Development. Sec. 38.42.870. Development envelopes. Sec. 38.42.880. Development review committee. Sec. 38.42.890. Deviation. Sec. 38.42.900. Division of land. Sec. 38.42.910. Directional sign. Sec. 38.42.920. Drive access. Sec. 38.42.930. Drive-in business. Sec. 38.42.940. Dwelling. Sec. 38.42.950. Easement. Sec. 38.42.960. Efficiency unit. Sec. 38.42.970. Engineer (registered professional engineer). Sec. 38.42.980. Engineering division. Sec. 38.42.990. Essential services (Type I). Sec. 38.42.1000. Essential services (Type II). Sec. 38.42.1010. Establish. Sec. 38.42.1020. Evergreen tree or shrub. Sec. 38.42.1030. Existing manufactured home park or subdivision. Sec. 38.42.1040. Extended stay lodgings. Sec. 38.42.1050. Final decision. Sec. 38.42.1060. Final plat. Sec. 38.42.1070. Final site plan. Sec. 38.42.1080. Flood or flooding. Sec. 38.42.1090. Flood insurance rate map. Sec. 38.42.1100. Flood insurance study. Sec. 38.42.1110. Floodplain. Sec. 38.42.1120. Floodplain Act. Sec. 38.42.1130. Floodway. Sec. 38.42.1140. Floodway fringe. Sec. 38.42.1150. Food processing facility. Sec. 38.42.1160. Footcandle. Sec. 38.42.1170. Freestanding sign. Sec. 38.42.1180. Front line of building. Sec. 38.42.1190. Front yard. Sec. 38.42.1200. Garage, private. Sec. 38.42.1210. Garage, public. Sec. 38.42.1220. Glare. Sec. 38.42.1230. Governing body Sec. 38.42.1240. Grade. Sec. 38.42.1250. Green. Sec. 38.42.1260. Greenhouse. Sec. 38.42.1270. Ground floor area. Sec. 38.42.1280. Gross acreage. Sec. 38.42.1290. Gross density. Sec. 38.42.1300. Groundcover. Sec. 38.42.1310. Growth policy. BOZEMAN MUNICIPAL CODE CD38:14PROOFS Sec. 38.42.1320. Guest house. Sec. 38.42.1330. Health authorities. Sec. 38.42.1340. Health and exercise establishments. Sec. 38.42.1350. Height of low profile sign. Sec. 38.42.1360. Height of pole style sign. Sec. 38.42.1370. Historic site. Sec. 38.42.1380. Home-based business. Sec. 38.42.1390. Home office. Sec. 38.42.1400. Hospital. Sec. 38.42.1410. Hotel or motel. Sec. 38.42.1420. Household. Sec. 38.42.1430. Illuminance. Sec. 38.42.1440. Immediate family. Sec. 38.42.1450. Incidental. Sec. 38.42.1460. Incidental sign. Sec. 38.42.1470. Industry, heavy. Sec. 38.42.1480. Industry, light. Sec. 38.42.1490. Interchange zone. Sec. 38.42.1500. Irregularly shaped tract of land. Sec. 38.42.1510. Landmark. Sec. 38.42.1520. Landscape architect. Sec. 38.42.1530. Landscaping. Sec. 38.42.1540. Large scale wireless facility. Sec. 38.42.1550. Large shrub. Sec. 38.42.1560. Large tree. Sec. 38.42.1570. Levee. Sec. 38.42.1580. Levee system. Sec. 38.42.1590. Light construction. Sec. 38.42.1600. Light goods repair. Sec. 38.42.1610. Light source. Sec. 38.42.1620. Light trespass. Sec. 38.42.1630. Limited access. Sec. 38.42.1640. Limited access roadway. Sec. 38.42.1650. Local services. Sec. 38.42.1660. Lodginghouse. Sec. 38.42.1670. Lot. Sec. 38.42.1680. Lot area. Sec. 38.42.1690. Lot coverage. Sec. 38.42.1700. Lot measurements. Sec. 38.42.1710. Lot types. Sec. 38.42.1720. Lot line, front. Sec. 38.42.1730. Lot line, rear. Sec. 38.42.1740. Lot line, side. Sec. 38.42.1750. Lot line, zero. Sec. 38.42.1760. Lot width. Sec. 38.42.1770. Lot with residential adjacency. Sec. 38.42.1780. Low-profile sign. Sec. 38.42.1790. Luminaire. Sec. 38.42.1800. Luminance. Sec. 38.42.1810. Lux. UNIFIED DEVELOPMENT CODE CD38:15PROOFS Sec. 38.42.1820. Manufactured home. Sec. 38.42.1830. Manufactured home lot or space. Sec. 38.42.1840. Manufactured home stand. Sec. 38.42.1850. Manufactured home community. Sec. 38.42.1860. Manufacturing. Sec. 38.42.1870. Manufacturing, light. Sec. 38.42.1880. Mean sea level. Sec. 38.42.1890. Medical offices, clinics and centers. Sec. 38.42.1900. Micro-scale wireless facility. Sec. 38.42.1910. Mining. Sec. 38.42.1920. Mini-warehouse (warehouse, residential storage). Sec. 38.42.1930. Minor subdivision. Sec. 38.42.1940. Mobile home. Sec. 38.42.1950. Mobile office. Sec. 38.42.1960. Model home. Sec. 38.42.1970. Modular or sectional home. Sec. 38.42.1980. Monument (permanent monument). Sec. 38.42.1990. Natural environment. Sec. 38.42.2000. Neighborhood commercial center. Sec. 38.42.2010. Neighborhood conservation overlay district. Sec. 38.42.2020. Net residential density. Sec. 38.42.2030. New construction. Sec. 38.42.2040. Nonbroadcast telecommunication facility. Sec. 38.42.2050. Noncanopy tree. Sec. 38.42.2060. Noncommercial speech. Sec. 38.42.2070. Nonconforming sign. Sec. 38.42.2080. Nonconforming structure. Sec. 38.42.2090. Nonconforming use. Sec. 38.42.2100. Noxious matter or material. Sec. 38.42.2110. Nursing home. Sec. 38.42.2120. Nursery, plant. Sec. 38.42.2130. Off-premises sign. Sec. 38.42.2140. Offices. Sec. 38.42.2150. Official floodplain maps. Sec. 38.42.2160. 100-year flood. Sec. 38.42.2170. Open sales (or rental) lot. Sec. 38.42.2180. Open space. Sec. 38.42.2190. Open space, usable. Sec. 38.42.2200. Ordinary high-water mark. Sec. 38.42.2210. Overlay zone. Sec. 38.42.2220. Parapet. Sec. 38.42.2230. Park. Sec. 38.42.2240. Parking area. Sec. 38.42.2250. Parking space, off-street. Sec. 38.42.2260. Party wall. Sec. 38.42.2270. Pathway. Sec. 38.42.2280. Paved parking space or surface. Sec. 38.42.2290. Pennant. Sec. 38.42.2300. Permeable pavement. Sec. 38.42.2310. Permitted use. BOZEMAN MUNICIPAL CODE CD38:16PROOFS Sec. 38.42.2320. Personal and convenience services. Sec. 38.42.2330. Personal property. Sec. 38.42.2340. Persons. Sec. 38.42.2350. Planned unit development (PUD). Sec. 38.42.2360. Planning board. Sec. 38.42.2370. Planning department. Sec. 38.42.2380. Planning director. Sec. 38.42.2390. Plat. Sec. 38.42.2400. Plaza. Sec. 38.42.2410. Pole sign. Sec. 38.42.2420. Portable sign. Sec. 38.42.2430. Preservation board. Sec. 38.42.2440. Primary access. Sec. 38.42.2450. Principal use. Sec. 38.42.2460. Private street. Sec. 38.42.2470. Projecting sign. Sec. 38.42.2480. Proper access. Sec. 38.42.2490. Property owner. Sec. 38.42.2500. Property owners association. Sec. 38.42.2510. Public building. Sec. 38.42.2520. Public health and safety. Sec. 38.42.2530. Public improvement. Sec. 38.42.2540. Public street or road. Sec. 38.42.2550. Real property. Sec. 38.42.2560. Rear yard. Sec. 38.42.2570. Recreational vehicle. Sec. 38.42.2580. Recreational vehicle park. Sec. 38.42.2590. Recreational vehicle space. Sec. 38.42.2600. Relocation. Sec. 38.42.2610. Repair. Sec. 38.42.2620. Required front building line. Sec. 38.42.2630. Required rear building line. Sec. 38.42.2640. Required side building line. Sec. 38.42.2650. Required yard. Sec. 38.42.2660. Restaurant. Sec. 38.42.2670. Retail. Sec. 38.42.2680. Retail, large scale. Sec. 38.42.2690. Revolving sign. Sec. 38.42.2700. Ridgeline. Sec. 38.42.2710. Ridgeline protection area. Sec. 38.42.2720. Right-of-way. Sec. 38.42.2730. Roadway. Sec. 38.42.2740. Roof sign. Sec. 38.42.2750. School. Sec. 38.42.2760. Screening. Sec. 38.42.2770. Security lighting. Sec. 38.42.2780. Second or subsequent front yard or corner side yard. Sec. 38.42.2790. Setback. Sec. 38.42.2800. Setback line. Sec. 38.42.2810. Sewer, public. UNIFIED DEVELOPMENT CODE CD38:17PROOFS Sec. 38.42.2820. Shared access. Sec. 38.42.2830. Shopping mall. Sec. 38.42.2840. Sign. Sec. 38.42.2850. Side yard. Sec. 38.42.2860. Site plan. Sec. 38.42.2870. Small-scale wireless facility. Sec. 38.42.2880. Small tree. Sec. 38.42.2890. Soil. Sec. 38.42.2900. Special event sign. Sec. 38.42.2910. Square. Sec. 38.42.2920. Stable, commercial. Sec. 38.42.2930. Stable, private. Sec. 38.42.2940. Start of construction. Sec. 38.42.2950. Stealth or camouflaged. Sec. 38.42.2960. Street. Sec. 38.42.2970. Street frontage. Sec. 38.42.2980. Street, public. Sec. 38.42.2990. Street types. Sec. 38.42.3000. Structure. Sec. 38.42.3010. Structural alteration. Sec. 38.42.3020. Subdivider. Sec. 38.42.3030. Subdivision. Sec. 38.42.3040. Subdivision or development construction yard. Sec. 38.42.3050. Substantial damage. Sec. 38.42.3060. Substantial improvement. Sec. 38.42.3070. Suitable fill. Sec. 38.42.3080. Surveyor (registered land surveyor). Sec. 38.42.3090. Swap meet. Sec. 38.42.3100. Temporary use. Sec. 38.42.3110. Transit stop. Sec. 38.42.3120. Townhouse. Sec. 38.42.3130. Townhouse cluster. Sec. 38.42.3140. Tract of record. Sec. 38.42.3150. Uniformity ratio. Sec. 38.42.3160. Use. Sec. 38.42.3170. Usable lot area. Sec. 38.42.3180. Variance. Sec. 38.42.3190. Violation. Sec. 38.42.3200. Wall sign. Sec. 38.42.3210. Warehouse. Sec. 38.42.3220. Watercourse. Sec. 38.42.3230. Way-finding signage. Sec. 38.42.3240. Wetland. Sec. 38.42.3250. Wholesale. Sec. 38.42.3260. Wildlife. Sec. 38.42.3270. Wildlife habitat. Sec. 38.42.3280. Window sign. Sec. 38.42.3290. Wireless facility. Sec. 38.42.3300. Wrecking yard. Sec. 38.42.3310. Yard. BOZEMAN MUNICIPAL CODE CD38:18PROOFS Sec. 38.42.3320. Zoning commission. Sec. 38.42.3330. Zoning map. Appendix A. Illustrations UNIFIED DEVELOPMENT CODE CD38:19PROOFS PROOFS ARTICLE 1. IN GENERAL Sec. 38.01.010. Citation. This chapter shall be known and cited as the Unified Development Code of the City of Bozeman, except when cited herein, where it shall be referred to as "this chapter." (Ord. No. 1645, § 18.02.010, 8-15-2005; Ord. No. 1693, § 1(18.02.010), 2-20-2007; Ord. No. 1709, § 1(18.02.010), 7-16-2007; Ord. No. 1769, § 1(18.02.010), 12-28-2009; Ord. No. 1769, exh. A(18.02.010), 12-28-2009) Sec. 38.01.020. Authority. This chapter is adopted by authority of MCA 76-2-301 et seq., MCA 76-3-101 et seq., and MCA 7-3-701 et seq. Additional city authority is granted by various other sections of state law and the authority granted by those sections is incorporated as if set forth herein. (Ord. No. 1645, § 18.02.020, 8-15-2005; Ord. No. 1693, § 1(18.02.020), 2-20-2007; Ord. No. 1709, § 1(18.02.020), 7-16-2007; Ord. No. 1769, exh. A(18.02.020), 12-28-2009) Sec. 38.01.030. Jurisdictional area and applica- tion. These regulations govern the division, develop- ment and use of land within the city limits and lands proposed for annexation to the city. These regula- tions shall apply to all private and public lands, all uses thereon, and all structures and buildings over which the city has jurisdiction under the constitu- tion and laws of the state or pursuant to the city's powers. (Ord. No. 1645, § 18.02.030, 8-15-2005; Ord. No. 1693, § 1(18.02.030), 2-20-2007; Ord. No. 1709, § 1(18.02.030), 7-16-2007; Ord. No. 1769, exh. A(18.02.030), 12-28-2009) Sec. 38.01.040. Intent and purpose of chapter. A. The intent of this unified development chap- ter is to protect the public health, safety and general welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use, and development identified in the United States and State of Montana constitutions, and statutory and common law; to implement the city's adopted growth policy; and to meet the requirements of state law. B. It is the purpose of these regulations to promote the public health, safety and general wel- fare by: preventing the creation of private or public nuisances caused by noncompliance with the stan- dards and procedures of this chapter; regulating the subdivision, development and use of land; prevent- ing the overcrowding of land; lessening congestion in the streets and highways; providing adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public improvements; requiring development in harmony with the natural environment; promoting preservation of open space; promoting development approaches that minimize costs to local citizens and that promote the effective and efficient provision of public services; protecting the rights of property owners; requiring uniform monumentation of land subdivisions and transferring interests in real prop- erty by reference to a plat or certificate of survey (MCA 76-3-102). C. It is further the purpose of these regulations to: be in accord with the growth policy; securing safety from fire, panic, and other dangers; promot- ing public health, public safety, and the general welfare; facilitating the adequate provision of trans- portation, water, sewerage, schools, parks, and other public requirements; having given consideration to ensuring the reasonable provision of adequate light and air, motorized and nonmotorized transportation systems, promoting of compatible urban growth, considering the character of the district and its peculiar suitability for particular uses, conserving the value of buildings, and encouraging the most appropriate use of land throughout the jurisdictional area (MCA 76-2-304). D. Further, to support the purposes of MCA 76-2-304 and 76-3-102, these regulations are in- tended to promote and to provide for the: 1. Orderly development of the city; § 38.01.040UNIFIED DEVELOPMENT CODE CD38:21PROOFS 2. Coordination of streets within subdivided land with other streets and roads, both existing and planned; 3. Dedication of land for streets and roadways and for public utility casements; 4. Improvement of streets; 5. Adequate open spaces for travel, light, air and recreation; 6. Adequate transportation, water, drainage and sanitary facilities; 7. Minimization of unnecessary congestion; 8. Avoidance of unnecessary environmental degradation; 9. Encouragement of subdivision develop- ment in harmony with the natural environ- ment; 10. Avoidance of danger or injury to health, safety or general welfare by reason of natural hazard or the lack of water, sewer, drainage, access, transportation or other public services; 11. Avoidance of excessive expenditure of pub- lic funds for the provision of public ser- vices; 12. Manner and form of making and filing of plats for subdivided lands; 13. Administration of these regulations, by de- fining the powers and the duties of approv- ing authorities, including procedures for the review and approval of all subdivision plats; 14. Division of the city into districts with uniformly applicable standards for develop- ment within each district; 15. To establish standards for the development and use of land; 16. To establish procedures for the review and approval for the development and use of land; and 17. The establishment of all other requirements necessary to meet the purposes of this chapter. E. Pursuant to MCA 76-2-304, 76-1-605 and 76-1-606, these regulations are also intended to implement the goals and objectives of the city's adopted growth policy. In the case of a difference of meaning or implication between this chapter and the city's adopted growth policy, the growth policy shall control. (Ord. No. 1645, § 18.02.040, 8-15-2005; Ord. No. 1670, § 18.02.040, 8-28-2006; Ord. No. 1693, § 1(18.02.040), 2-20-2007; Ord. No. 1709, § 1(18.02.040), 7-16-2007; Ord. No. 1769, exh. A(18.02.040), 12-28-2009) Sec. 38.01.050. Interpretation as minimum re- quirements. A. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the health, safety and general welfare of the community. In some instances the public interest will be best served when such minimums are exceeded. Wherever the requirements of this chap- ter are at variance with the requirements of any other lawfully adopted rules or regulations, or wherever there is an internal conflict within this chapter, the most restrictive requirements, or that imposing the higher standards, shall govern. B. In the case of a difference of meaning or implication between the text of this chapter and the captions or headings for each section, the text shall control. C. When interpreting the meaning of this chap- ter, subsections of the chapter shall be construed in a manner that will give effect to them all as the chapter derives its meaning from the entire body of text taken together. D. These regulations shall apply uniformly within each zoning district to each class or kind of struc- ture, land or development as set forth in this chapter. (Ord. No. 1645, § 18.02.050, 8-15-2005; Ord. No. 1693, § 1(18.02.050; Ord. No. 1709, § 1(18.02.050), 2-20-2007; Ord. No. 1769, exh. A(18.02.050), 12- 28-2009) § 38.01.040 BOZEMAN MUNICIPAL CODE CD38:22PROOFS Sec. 38.01.060. Donations or grants to public considered a grant to donee. Every donation or grant to the public or to any person, society or corporation marked or noted on a plat or plan is to be considered a grant to the donee. (Ord. No. 1645, § 18.02.060, 8-15-2005; Ord. No. 1693, § 1(18.02.060), 2-20-2007; Ord. No. 1709, § 1(18.02.060), 7-16-2007; Ord. No. 1769, exh. A(18.02.060), 12-28-2009) Sec. 38.01.070. Conditions of approval. A. Regulation of the subdivision and develop- ment of land, and the attachment of reasonable conditions to land subdivided or developed, or a use undertaken, is an exercise of valid police power delegated by the state to the city. Persons undertak- ing the subdivision, development or use of land have the duty of complying with reasonable condi- tions for design, dedication, improvement and re- strictive use of the land so as to conform to the physical and economic development of the city, and to the safety and general welfare of the future lot owners and of the community at large. Such con- ditions may require compliance with more than the minimum standards established by this chapter. B. Conditions of approval may not be added after final action to grant preliminary approval to a proposed subdivision or other development unless: 1. The conditions are necessary to correct inaccurate or incomplete information pro- vided with an application, which error is discovered after the original approval ac- tion; and 2. The project is not completed within the time period provided in the approval or by this chapter; or 3. The requirement is part of an improvements agreement and security for completion of required improvements prior to filing a final plat or other development. However, should the owner seek material modifi- cations (e.g., changes to the intent, nature, or scope of a subdivision or development, or necessary improvements) to a previously approved subdivi- sion, development or condition of approval, the entire application shall be considered to be again opened for review and additional conditions may be applied. Modifications of conditions of approval shall be reviewed through the same process as the original application. Final action includes the reso- lution of any appeals. The provisions of section 38.03.040.4.g may also apply to revisions of con- ditions for preliminary plats. C. Mandatory compliance with the explicit terms of this chapter does not constitute conditions of approval and is not affected by the limitations of subsection B of this section. (Ord. No. 1645, § 18.02.070, 8-15-2005; Ord. No. 1693, § 1(18.02.070), 2-20-2007; Ord. No. 1709, § 1(18.02.070), 7-16-2007; Ord. No. 1769, exh. A(18.02.070), 12-28-2009) Sec. 38.01.080. Compliance with regulations re- quired. A. No land shall hereafter be subdivided, used or occupied, and no building, structure or part thereof shall hereafter be erected, constructed, re- constructed, moved or structurally altered, and no development shall commence unless it is in confor- mity with all of the regulations herein specified for the district in which it is located. B. To the extent reasonable, all city-owned land shall be subject to applicable regulations of the underlying zoning district. Development of such land shall be subject to approval by the city com- mission upon review of the development review committee and other review bodies as may be required by this chapter. (Ord. No. 1645, § 18.02.080, 8-15-2005; Ord. No. 1693, § 1(18.02.080), 2-20-2007; Ord. No. 1709, § 1(18.02.080), 7-16-2007; Ord. No. 1769, exh. A(18.02.080), 12-28-2009) § 38.01.080UNIFIED DEVELOPMENT CODE CD38:23PROOFS Sec. 38.01.090. Developmentthatlieswithinmul- tiple jurisdictions. If a proposed development lies partly within the cityandpartlywithinunincorporatedGallatinCounty, the proposed development must be submitted to and approved by both the city and the county. (Ord. No. 1645, § 18.02.090, 8-15-2005; Ord. No. 1693, § 1(18.02.090), 2-20-2007; Ord. No. 1709, § 1(18.02.090), 7-16-2007; Ord. No. 1769, exh. A(18.02.090), 12-28-2009) Sec. 38.01.100. Private restrictions. This chapter is not intended to affect any existing private agreement or condition such as a deed restriction or covenant. If any provision of this chapter is more restrictive or imposes a higher standard than any such private restriction, the re- quirements of this chapter shall control. Where the provisions of any private restriction are more re- strictive or impose higher standards than the provi- sions of this chapter, the city has no duty to enforce such private restrictions or advise of their existence. The city may enforce a private restriction if the city is a party to such covenant or restriction, if such restriction was required by the city, or if it was relied upon by the city during the land development process in order to meet the requirements of this chapter or another required standard. The city may prohibit private restrictions that violate matters of law. Covenants are subject to the requirements of section 38.38.030. (Ord. No. 1645, § 18.02.100, 8-15-2005; Ord. No. 1693, § 1(18.02.100), 2-20-2007; Ord. No. 1709, § 1(18.02.100), 7-16-2007; Ord. No. 1769, exh. A(18.02.100), 12-28-2009) Sec. 38.01.110. Severability. Where any word, phrase, clause, sentence, para- graph, or section or other part of these regulations is held invalid by a court of competent jurisdiction by express inclusion in the decision to be invalid, such judgment shall affect only that part held invalid and such decision shall not affect, impair or nullify this chapter as a whole or any other part thereof. Insofar as these regulations are more restrictive than any other law, these regulations shall be controlling, and if any other law is more restrictive, the higher standard shall take precedence over a standard set forth in these regulations. (Ord. No. 1645, § 18.02.110, 8-15-2005; Ord. No. 1693, § 1(18.02.110), 2-20-2007; Ord. No. 1709, § 1(18.02.110), 7-16-2007; Ord. No. 1769, exh. A(18.02.110), 12-28-2009) ARTICLE 2. SUBDIVISION AND PLATTING ADMINISTRATIVE PROCEDURES* Sec. 38.02.010. Transfers of title. A. Unless the plat is located in an area where the state or the city does not have jurisdiction, every final subdivision plat must be filed for record with the county clerk and recorder before title to the subdivided land can be sold or transferred in any manner. After a preliminary subdivision plat has been approved or conditionally approved, the de- veloper may enter into contracts to sell lots in the proposed subdivision if all of the following condi- tions are met: 1. Under the terms of the contracts, the pur- chasers of lots in the proposed subdivision shall make any payments to an escrow agent which must be a bank or savings and loan association chartered to do business in the state; 2. Under the terms of the contracts and the escrow agreement, the payments made by purchasers of lots in the proposed subdivi- sion may not be distributed by the escrow agent to the developer until the final plat of the subdivision is filed and of record with the county clerk and recorder; 3. The contracts and the escrow agreement provide that if the final plat of the proposed subdivision is not filed with the county clerk and recorder within two years of the *State law reference—Montana Subdivision and Plat- ting Act, MCA 76-3-101 et seq. § 38.01.090 BOZEMAN MUNICIPAL CODE CD38:24PROOFS preliminary plat approval, the escrow agent shall immediately refund to each purchaser any payment made under the contract; 4. The county treasurer has certified that no real property taxes and special assessments assessed and levied on the land to be divided are delinquent; and 5. The contracts shall contain the following language conspicuously set out therein: "The real property which is the subject hereof has not been finally platted, and until a final plat identifying the property has been filed with the county clerk and recorder, title to the property cannot be transferred in any manner." B. Unless the plat is located in an area where the state or the city does not have jurisdiction, the county clerk and recorder may not record any instrument that purports to transfer title to or possession of a parcel or tract of land that is required to be surveyed by the Montana Subdivi- sion and PlattingAct (MCA76-3-101 et seq.) unless the required certificate of survey or subdivision plat has been filed with the county clerk and recorder and the instrument of transfer describes the parcel or tract by reference to the filed certificate or plat. This provision does not apply if the parcel or tract to be transferred was created before July 1, 1973, and the instrument of transfer for the parcel or tract includes a reference to a previously recorded instru- ment of transfer or is accompanied by documents that, if recorded, would otherwise satisfy the re- quirements of this subsection B. The reference or document must demonstrate that the parcel or tract existed before July 1, 1973. However, these refer- ences or documents do not constitute a legal de- scription of the property and may not be substituted for a legal description of the property. (Ord. No. 1645, § 18.04.010, 8-15-2005) State law reference—Land transfers, MCA 76-3-301 et seq. Sec. 38.02.020. Effect of recording complying plat. The recording of any plat made in compliance with the Montana Subdivision and Platting Act (MCA 76-3-101 et seq.) shall serve to establish the identity of all lands shown on and being a part of such plat. Where lands are conveyed by reference to a plat, the plat itself or any copy of the plat, properly certified by the county clerk and recorder as being a true copy thereof, shall be regarded as incorporated into the instrument of conveyance and shall be received in evidence in all courts of this state. (Ord. No. 1645, § 18.04.020, 8-15-2005) State law reference—Similar provisions, MCA 76- 3-304. Sec. 38.02.030. Correction of errors, amend- ments or vacation of recorded final plats. A.Correction of errors.Correction of errors that, in the opinion of the city commission, will not materially alter the plat may be made by the submission of a corrected final plat for the city commission's approval. The plat may be filed under the procedures for first minor subdivision plats. The plat shall be entitled "amended plat of the (name of subdivision) subdivision," and the reason for the correction shall be stated on the face of the plat. B.Material alterations.Amendments that mate- rially alter the final plat, or any portion thereof, shall be made by the filing of an amended plat showing all alterations. The amended plat shall be approved by the city commission under the major or minor subdivision procedure, as is appropriate. Prior to such approval, the amended plat shall be reviewed by the planning department. The city commission may not approve an amendment which will place the plat in nonconformance with the standards contained herein unless a public hearing is held on the plat and a written variance from the standards issued pursuant to procedures contained herein for such variances is granted. The plat shall be entitled "amended plat of (the name) subdivi- sion," and the reason for the amendment shall be stated on the face of the plat. C.Vacating recorded plats.Any plat prepared and recorded as provided by this chapter may be vacated, in whole or in part, as provided by MCA § 38.02.030UNIFIED DEVELOPMENT CODE CD38:25PROOFS 7-5-2501, 7-5-2502, 7-14-2616(1) and (2), 7-14- 2617, 7-14-4114(1) and (2), and 7-14-4115. Upon vacation, the city commission, or the district court, as provided in MCA 7-5-2502, shall determine to which properties the title to the streets and alleys of the vacated portions must revert. The city commis- sion, or the district court, as provided in MCA 7-5-2502, shall take into consideration the previous platting; the manner in which the right-of-way was originally dedicated, granted or conveyed; the rea- sons stated in the petition requesting the vacation; the parties requesting the vacation; and any agree- ments between the adjacent property owners regard- ing the use of the vacated area. The title to the streets and alleys of the vacated portions may revert to one or more of the owners of the properties within the platted area adjacent to the vacated portions. 1.Utility easements.When any poleline, pipe- line or any other public or private facility is located in a vacated street or alley at the time of the reversion of the title to the vacated street or alley, the owner of the public or private utility facility has an easement over the vacated land to continue the operation and maintenance of the public or private utility facility. (Ord. No. 1645, § 18.04.030, 8-15-2005) State law reference—Vacation of plats, utility ease- ments, MCA 76-3-305. Sec. 38.02.040. Correction of recorded plat by governing body. When a recorded plat does not definitely show the location or size of lots or blocks, or the location or width of any street or alley, the city may at its own expense cause a new and correct survey and plat to be made and recorded in the office of the county clerk and recorder. The corrected plat must, to the extent possible, follow the plan of the original survey and plat. The surveyor making the resurvey shall endorse the corrected plat referring to the original plat, and noting the defect existing therein and the corrections made. (Ord. No. 1645, § 18.04.040, 8-15-2005) State law reference—Similar provisions, MCA 76- 3-614. Sec. 38.02.050. Disposition of water rights. A. When a subdivision creates parcels with lot sizes averaging less than five acres, the developer shall: 1. Reserve all or a portion of the appropriation water rights owned by the owner of the land to be subdivided and transfer the water rights to a single entity for use by the landowners within the subdivision who have a legal right to the water and reserve and sever any remaining surface water rights from the land; 2. If the land to be subdivided is subject to a contract or interest in a public or private entity formed to provide the use of a water right on the subdivision lots, establish a landowner's water use agreement adminis- tered through a single entity that specifies administration and the rights and responsi- bilities of landowners within the subdivi- sion who have a legal right and access to the water; or 3. Reserve and sever all surface water rights from the land proposed for subdivision. (Ord. No. 1645, § 18.04.050, 8-15-2005) State law reference—Mandate for this section, MCA 76-3-504(1)(j). ARTICLE 3. REVIEW PROCEDURES FOR SUBDIVISIONS* Sec. 38.03.010. General procedure. Every plat of subdivision must be reviewed, approved and filed for record with the county clerk and recorder in accordance with the procedures contained herein before title to the subdivided land can be sold or transferred in any manner. Subdivi- sions containing six or more lots shall be considered major subdivisions. A subdivision containing five or fewer lots, in which proper access to all lots is *State law reference—Local review procedure for subdivisions, MCA 76-3-601 et seq. § 38.02.030 BOZEMAN MUNICIPAL CODE CD38:26PROOFS provided and in which no land is to be dedicated to public use for parks and playgrounds, shall be a minor subdivision. (Ord. No. 1645, § 18.06.010, 8-15-2005; Ord. No. 1693, § 2(18.06.010), 2-20-2007; Ord. No. 1769, exh. B(18.06.010), 12-28-2009) Sec. 38.03.020. Presubmittal meeting and preap- plication plan review. A. The purpose of a preapplication plan review is to discuss this chapter and these standards, to familiarize the developer with the standards, goals and objectives of applicable plans, regulations and ordinances, and to discuss the proposed subdivision as it relates to these matters. 1.Minor subdivisions.Prior to the submittal of a subdivision application for a minor subdivision, the developer shall submit an application for subdivision preapplication review. 2.Major subdivisions.Prior to the submittal of a subdivision application for a major subdivision, the developer shall submit an application for subdivision preapplication review. The developer is encouraged to have a presubmittal meeting with the plan- ning department prior to submitting a sub- division preapplication. 3.Preapplication plan review.For subdivision preapplication review, the developer shall submit a complete application for preap- plication plan review, the appropriate re- view fee, and copies of all required preap- plication information as set forth in section 38.41.030. a. Planning department review.The plan- ningdepartmentshallreviewthepreap- plication plan and advise the devel- oper as to whether the plans and data meet the goals and objectives of ap- plicable plans and this chapter. (1)Agency review.The planning de- partmentwilldistributethepreap- plication information to appro- priatecountyandcitydepartments and state and federal agencies for review and written comment. All written comments received fromvariousagencies,alongwith the planning department's com- mentsregardingwhethertheplans anddatameetthestandards,goals andobjectivesofapplicableplans, ordinances, and this chapter, and for informational purposes iden- tificationoflocalregulations,state laws, and growth policy provi- sions that may apply to the sub- division process, will be for- warded to the applicant to aid in the preparation of the subdivi- sion application. The planning department shall provide a list of the public utilities, agencies of government, and other parties who may be contacted and their timeframes for comment on the subdivisionapplication.Thecom- ments collected by the planning department shall be provided in person or by letter to the subdi- vider or their agent within 30 calendar days of a complete ap- plication being received by the city. The 30 calendar day review period shall be considered met if the letter is dated, signed and placedintheoutgoingmailwithin the 30 calendar day review pe- riod. (2)Time for review.The planning departmentshallreviewthepreap- plicationplanandwithin30work- ing days advise the developer as to whether the plans and data meet the goals and objectives of applicable plans and this chap- ter. Every effort shall be made by the planning department to § 38.03.020UNIFIED DEVELOPMENT CODE CD38:27PROOFS obtain department and agency comment within this time pe- riod. b. Optional planning board review. If the developer so wishes, the developer may request in writing that the plan- ningboardreviewpreapplicationplans. The letter of request and additional copies of the preapplication materials are required for this optional review. (1) The request must be received at least 30 working days prior to the planning board meeting at which it is to be considered. The application will be submitted to the planning board at their next available meeting. A copy of the approved minutes of the plan- ning board meeting will be for- warded to the developer. c. Time for follow-up submittal. A com- plete subdivision preliminary plat ap- plication shall be submitted to the planning department within one cal- endar year of the date the planning office dates, signs and places in the outgoing mail. d. The property owner will not receive formal written notification on the ac- ceptability or adequacy of a subdivi- sion preapplication plan submittal. (Ord. No. 1645, § 18.06.020, 8-15-2005; Ord. No. 1693, § 2(18.06.020), 2-20-2007; Ord. No. 1769, exh. B(18.06.020), 12-28-2009) State law reference—Mandate for preapplication process, MCA 76-3-504(1)(q). Sec. 38.03.030. Concurrent review. The developer has the option of submitting a state department of environmental quality (DEQ)/ local government joint application form in the place of a preliminary plat application form, and to request concurrent subdivision review by the state department of environmental quality and the city commission, pursuant to MCA 76-4-129. (Ord. No. 1645, § 18.06.030, 8-15-2005; Ord. No. 1693, § 2(18.06.030), 2-20-2007; Ord. No. 1769, exh. B(18.06.030), 12-28-2009) Sec. 38.03.040. Preliminary plat. A. After the requirement for a preapplication review has been satisfied, the developer may submit a subdivision application. Subdivision applications shall be submitted, along with the appropriate review fee and all required subdivision application information as set forth in article 41 of this chapter to the planning department and must conform to the requirements of this chapter. The preliminary plat shall be prepared by a surveyor licensed to practice in the state. 1.Acceptability and adequacy of application. The time limits in subsections 1.a and b of this section apply to each successive sub- mittal of the application until a determina- tion is made that the application contains the required materials and is adequate for review and the subdivider or their agent is notified. a. The planning department shall review a subdivision application within five working days of receipt of the appli- cation and applicable fee submitted in accordance with any deadlines estab- lished for submittal to determine if the application is acceptable. An applica- tion is acceptable only if it contains all of the information required by this chapter. If the application is unaccept- able, the application, the review fee and a written explanation of why the application is unacceptable will be returned to the subdivider, who is the property owner. If the application is acceptable the subdivider shall be so notified. The property owner may des- ignate in writing another party to re- ceive notifications regarding accept- § 38.03.020 BOZEMAN MUNICIPAL CODE CD38:28PROOFS ability. The five working day review period shall be considered met if the letter is dated, signed and placed in the outgoing mail within the five day review period. b. After the application is deemed ac- ceptable it shall be reviewed for ade- quacy. The review for adequacy shall beconductedbytheappropriateagency with expertise in the subject matter. The adequacy review period shall be- gin on the next working day after the date that the planning department de- termines the application is acceptable and sends the required notice to the subdivider; and shall be completed within not more than 15 working days. The 15 working day review period shall be considered met if the letter is dated, signed and placed in the outgo- ing mail within the 15 working day review period. If the application is inadequate, a written explanation of why the application is inadequate will be returned to the subdivider, who is the property owner. If the application is adequate the subdivider shall be so notified. The property owner may des- ignate in writing another party to re- ceive notifications regarding ade- quacy. (1) In the event the missing infor- mation is not received by the city within 15 working days of notification to the subdivider of inadequacy, all application ma- terials and one-half of the re- view fee shall be returned to the subdivider or their representa- tive. Subsequent resubmittal shall require payment of a review fee as if it were a new application. (2) A determination that an applica- tion is adequate does not restrict the city from requesting addi- tionalinformationduringthesub- division review process.Adeter- mination of adequacy establishes the applicable review criteria as specified in section 38.34.080.A. c. The DRC may grant reasonable waiv- ers from submittal of application ma- terials required by these regulations where it is found that these regula- tions allow a waiver to be requested and granted. If in the opinion of the final approval authority the waived materials are necessary for proper re- view of the development, the materi- als shall be provided before review is completed. d. In order to be granted a waiver the applicant shall include with the sub- mission of the subdivision application a written statement describing the re- quested waiver and the reasons upon which the request is based. The final approval body shall then consider each waiver at the time the subdivision application is reviewed. All waivers must be initially identified with the preapplication stage of review. 2.Review by affected agencies.After an ap- plication is deemed acceptable, the plan- ning department may submit copies of the preliminary plat and supplementary infor- mation to relevant public utilities and pub- lic agencies for review and comment, and to the planning board for its advice pertain- ing to the approval or denial of the subdi- vision application. Review by public agen- cies or utilities shall not delay the city commission's consideration of the subdivi- sion application beyond the statutorily spec- ified review period. If the planning depart- ment shall request review by a public utility, agency of government, and other parties regarding the subdivision application that § 38.03.040UNIFIED DEVELOPMENT CODE CD38:29PROOFS was not identified during the preapplication review the planning department shall notify the subdivider. 3.Planning board review.At a regularly no- ticed meeting or public hearing, the plan- ning board shall review all subdivision applications, together with required supple- mentary plans and information, and deter- mine whether the plat is in compliance with the city's growth policy. The planning board shall hold a public hearing on all subdivi- sions for which a public hearing is required. a.Public testimony.All written public comment received at or prior to a public hearing shall be incorporated into the written record of the review. Minutes shall be taken of verbal com- ment received during the public hear- ing or public meeting before the plan- ning board and shall be incorporated into the written record of the review. Copies of the minutes and written comments shall be included in any recommendation made to the city com- mission by the planning board. b.Planning board recommendation. Within ten working days of their re- view, the planning board shall submit in writing to the city commission, a resolution forwarding its advice re- garding compliance with the city's growth policy, and a recommendation for approval, conditional approval or denial of the subdivision application. 4.City commission review.The city commis- sion shall review and take action on all proposed subdivisions. a. The following requirements for a pub- lic hearing or a public meeting, and for statutory review periods, shall be met: (1) First minor subdivision created from a tract of record. The city commission shall consider the subdivision application and the planning board's recommenda- tion during a regular public meet- ing of the commission. The city commission, when legal and physical access is provided to all lots shall approve, conditionally approve or deny the subdivision application of a first minor sub- division within 35 working days of the determination that the ap- plication is adequate, unless there is a written extension from the developer for a period not to exceed one year. A minor subdi- vision must reviewed as a sec- ond or subsequent minor subdi- vision if the tract has been previously subdivided or created by a subdivision; or the tract has descended from a tract of record which has previously been di- vided by exemption or other means into six or more tracts of record since July 1, 1973. (a) Variance requests for mi- nor subdivisions. If the de- veloper of a minor subdivi- sionisrequestingavariance from any requirement of this chapter, the procedures of section 38.35.070 must be followed except that a public hearing shall not be held. (2) Subdivisions eligible for sum- mary review. The city commis- sion shall consider the applica- tion and the planning board's recommendation during a regu- lar public meeting of the com- mission. The city commission shall approve, conditionally ap- prove or deny a proposed subdi- vision that is eligible for sum- mary review within 35 calendar § 38.03.040 BOZEMAN MUNICIPAL CODE CD38:30PROOFS days of determination that the application is adequate, unless there is a written extension from the developer. Minor subdivi- sions are eligible for summary review if the plat has been ap- proved by the state department of environmental quality when- everapprovalisrequiredbyMCA 76-4-101 et seq. (3) Second or subsequent minor sub- division created from a tract of record. For the second or subse- quent minor subdivision created from a tract of record, the city commission shall hold a public hearing on the subdivision appli- cation.The city commission shall approve, conditionally approve or deny the subdivision applica- tion of a second or subsequent minor subdivision within 60 working days of the determina- tion that the application is ade- quate for review, unless there is a written extension from the de- veloper, not to exceed one year. (4) Major subdivisions. For a major subdivision, the city commission shall hold a public hearing on the subdivision application. The city commission shall approve, conditionally approve or deny thesubdivisionapplicationwithin 60 working days of the determi- nation that the application is ad- equate for review if the subdivi- sion has less than 50 lots, and within 80 working days of the determination that the applica- tion is adequate for review if the subdivision has 50 or more lots, unless there is a written exten- sion from the developer, not to exceed one year. (5) Publictestimony.Allwrittenpub- lic comment received at a public meeting or public hearing prior to a decision to approve, ap- prove with conditions, or deny a subdivision application shall be incorporated into the written re- cord of the review. Minutes shall be taken of verbal comments received during the public hear- ing before the city commission and shall be incorporated into the written record of the review maintained by the city. (6) New and credible information. The city commission shall deter- mine whether public comments or documents presented to the city commission at a public hear- ing regarding a subdivision ap- plication held pursuant to sec- tion 38.03.040.A.44 constitute: (a) Information or analysis of information that was pre- sented at a public hearing held pursuant to section 38.03.040.A.44thatthepub- lic has had a reasonable opportunity to examine and on which the public has had a reasonable opportu- nity to comment; or (b) New information regarding a subdivision application that has never been submit- ted as evidence or consid- ered by either the city com- mission, planning board or by city staff at a hearing during which the subdivi- sion application was con- sidered. (c) If the city commission de- termines that the public comments or documents § 38.03.040UNIFIED DEVELOPMENT CODE CD38:31PROOFS constitute new information not previously considered at a public hearing, the city commission may: (i) Approve, condition- ally approve, or deny the proposed subdivi- sion without basing its decision on the new informationifthegov- erning body deter- mines that the new information is either irrelevant or not cred- ible; or (ii) Schedule or direct its agent or agency to schedule a subsequent public hearing before the city commission for consideration of only the new informa- tion that may have an impact on the find- ings and conclusions that the governing body will rely upon in making its decision on the proposed sub- division. (iii) In deciding whether theinformationisboth new and credible the city commission shall consider: (A) Whether the topic of the in- formation has previously been examined or available for ex- amination at a public hearing on the subdivi- sion application; (B) Whether the in- formation is ver- ifiable,andifap- plicable developed by a person with pro- fessionalcompe- tency in the sub- ject matter; (C) Whether the in- formation is rel- evant to a topic within the juris- diction of the city. (d) If a subsequent public hear- ing is held to consider new and credible information, the 60 working day review period required in section 38.03.040.A.4 is suspended and the new hearing must be noticed and held within 45 days of the governing body's determination to schedule a new hearing.Af- ter the new hearing, the otherwise applicable time limit for review resumes at the governing body's next scheduled public meeting for which proper notice for the public hearing on the subdivision application can be provided. The govern- ing body may not consider any information regarding the subdivision application that is presented after the hearing when making its decision to approve, condi- tionally approve, or deny the proposed subdivision. (7) When the subdivision does not qualify, pursuant to MCA 76-4- 125(2), for the certification es- § 38.03.040 BOZEMAN MUNICIPAL CODE CD38:32PROOFS tablished in section 38.03.050 the city shall, at any public hear- ing,collectpubliccommentgiven regarding the information re- quired by section 38.41.050.A.9 regardingsanitation.Thecityshall make any comments submitted or a summary of the comments submitted available to the subdi- vider within 30 days after con- ditional approval or approval of the subdivision application. (a) Thesubdividershall,aspart of the subdivider's applica- tion for sanitation approval, forward the comments or the summary provided by the governing body to the: (i) Reviewing authority provided for in title 76, chapter 4 Mon- tana Code Annotated (MCA 76-4-101 et seq.), for subdivisions that will create one or more parcels contain- ing less than 20 acres; and (ii) Local health depart- ment or board of health for proposed subdivisions that will create one or more parcels containing 20 acres or more and less than 160 acres. (b) Parcel size. (i) For a proposed subdi- vision that will create one or more parcels containing less than 20 acres, the govern- ing body may require approval by the de- partment of environ- mental quality as a condition of approval of the final plat. (ii) For a proposed subdi- vision that will create one or more parcels containing 20 acres or more, the governing body may condition approval of the final plat upon the subdi- vider demonstrating, pursuant to MCA 76- 3-604, that there is an adequate water source and at least one area forasepticsystemand a replacement drainfield for each lot. b. Criteria for city commission action. The basis for the city commission's decision to approve, conditionally ap- prove or deny the subdivision shall be whether the subdivision application, public hearing if required, planning board advice and recommendation and additional information demonstrates that development of the subdivision complies with this chapter, the city's growth policy, the Montana Subdivi- sion and Platting Act and other ad- opted state and local ordinances, in- cluding, but not limited to, applicable zoning requirements. The city com- mission may not deny approval of a subdivision based solely on the sub- division's impacts on educational ser- vices. When deciding to approve, con- ditionallyapproveordenyasubdivision application, the city commission shall: (1) Review the preliminary plat, to- gether with required supplemen- tary plans and information, to determine if it meets the require- ments of this chapter, the devel- § 38.03.040UNIFIED DEVELOPMENT CODE CD38:33PROOFS opment standards and policies of the city's growth policy, the Mon- tanaSubdivisionandPlattingAct, and other adopted state laws and local ordinances, including but not limited to applicable zoning requirements. (2) Consider written comments from appropriate public agencies, util- ities or other members of the public. (3) Consider the following: (a) Relevant evidence relating to the public health, safety and welfare; (b) Otherregulations,codepro- visions or policies in effect in the area of the proposed subdivision; (c) The recommendation of the planning board; and (d) Any relevant public testi- mony. (4) When the subdivision does not qualify, pursuant to MCA 76-4- 125(2), for the certification es- tablished in section 38.03.050 the city commission may condi- tionally approve or deny a pro- posed subdivision as a result of the water and sanitation informa- tion provided pursuant to section 38.41.050.A.9 or public com- ment received pursuant to 76-3- 604 on the information provided pursuant to section 38.41.050. A conditional approval or denial shall be based on existing subdi- vision, zoning, or other regula- tions that the city commission has the authority to enforce. c. City commission action. If the city commission denies or conditionally approves the subdivision application, it shall forward one copy of the plat to the developer accompanied by a letter over the appropriate signature stating the reason for disapproval or enumer- ating the conditions that must be met to ensure approval of the final plat. This written statement must include: (1) The reason for the denial or condition imposition; (2) The evidence that justifies the denial or condition imposition; and (3) Information regarding the ap- peal process for the denial or condition imposition. d. Mitigation. The city commission may require the developer to design the subdivision to reasonably minimize potentially significant adverse im- pacts identified through the review required by this chapter. The city commission shall issue written find- ings to justify the reasonable mitiga- tion required by this chapter. The city commission may not unreasonably re- strict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unac- ceptable and will preclude approval of the plat. When requiring mitigation under this subsection 4.d, the city commission shall consult with the de- veloper and shall give due weight and consideration to the expressed prefer- ence of the developer. e. Findings of fact. Within 30 working days of the final action to approve, deny, or approve with conditions a subdivision, the city commission shall issue written findings of fact that dis- § 38.03.040 BOZEMAN MUNICIPAL CODE CD38:34PROOFS cuss and weigh the following criteria, as applicable (pursuant to MCA 76-3- 608): (1) Criteria. (a) Compliance with the sur- vey requirements of the Montana Subdivision and Platting Act; (b) Compliance with this chap- ter and the review process of these regulations; (c) The provision of easements to and within the subdivi- sion for the location and installation of any neces- sary utilities; (d) The provision of legal and physical access to each par- cel within the subdivision and the notation of that accessontheapplicableplat and any instrument trans- ferring the parcel; and (e) For major subdivisions, the findings of fact shall also address the effect on agri- culture, agricultural water user facilities, local ser- vices, the natural environ- ment, wildlife and wildlife habitat, and public health and safety. (2) Required components. The writ- ten findings of fact shall contain at a minimum: (a) Information regarding the appeal process for the de- nial or imposition of con- ditions; (b) Identifies the regulations and statutes used in reach- ing the decision to deny or impose conditions and ex- plains how they apply to the decision; (c) Provides the facts and con- clusions that the governing body relied upon in mak- ing its decision to deny or imposeconditions.Thedoc- uments, testimony, or other materials that form the ba- sis of the decision and sup- port the conclusions of the governing body may be in- corporated into the written findings by reference. f. Subdivision application approval pe- riod. Upon approving or conditionally approving a subdivision application, the city commission shall provide the developer with a dated and signed statement of approval. This approval shall be in force for not more than one calendar year for minor subdivisions, two years for single-phased major sub- divisions and three years for multiphased major subdivisions. At the end of this period, the city com- mission may, at the written request of the developer, extend its approval for no more than one calendar year, ex- cept that the city commission may extend its approval for a period of more than one year if that approval period is included as a specific condi- tion of a written subdivision improve- mentsagreementbetweenthecitycom- mission and the developer, provided for in section 38.39.060. g. Changes to conditions after approval. Upon written request of the developer, the city commission may amend con- ditions of subdivision application ap- proval where it can be found that errors or changes beyond the control of the developer have rendered a con- dition unnecessary, impossible or ille- gal. Changes to conditions that are not § 38.03.040UNIFIED DEVELOPMENT CODE CD38:35PROOFS unnecessary, impossible or illegal shall be subject to the provisions of section 38.01.070. (1) The written request shall be sub- mitted to the planning depart- ment. (2) The written consent of all pur- chasers of land (via contract for deed, etc.) shall be included with the written request to amend con- ditions. (3) If it is an application for a major subdivision, the city commission shall conduct a public hearing on the request. If it is an appli- cation for a minor subdivision, the city commission shall con- sider the request at a regularly scheduled meeting. (a) If a public hearing is held, public notice of the hearing shall be given in accor- dance with this chapter. (4) The city commission may ap- prove the requested change if it meets the criteria set forth in this chapter. (5) The city commission shall issue written findings of fact as re- quired in this chapter. (Ord. No. 1645, § 18.06.040, 8-15-2005; Ord. No. 1693, § 2(18.06.040), 2-20-2007; Ord. No. 1769, exh. B(18.06.040), 12-28-2009) State law reference—Review of subdivision applica- tion, MCA 76-3-604. Sec. 38.03.050. Notice of certification that water and waste services will be pro- vided by local government. A. If the developer is proposing to request an exemption from the department of environmental quality (DEQ) for infrastructure plan and specifica- tion review, the subdivision application shall in- clude a written request from the developer's profes- sional engineer, licensed in the state, that indicates the intent to request the exemption, and details the extent of water, sewer and stormwater infrastructure that will be completed prior to final plat approval.A detailed preliminary stormwater drainage plan must also be submitted with the written request. The director of public service shall, prior to final plat approval, send notice of certification to the DEQ per MCA 76-4-127. 1. The notice of certification shall include the following: a. The name and address of the appli- cant; b. A copy of the preliminary plat in- cluded with the application for the proposed subdivision or a final plat where a preliminary plat is not neces- sary; c. The number of proposed parcels in the subdivision; d. A copy of any applicable zoning ordi- nances in effect; e. How construction of the sewage dis- posal and water supply systems or extensions will be financed; f. Certification that the subdivision is within a jurisdictional area that has adopted a growth policy pursuant to title 76, chapter 1, Montana Code Annotated (MCA 76-1-101 et seq.) and a copy of the growth policy, when applicable; g. The relative location of the subdivi- sion to the city; h. Certification that adequate municipal facilities for the supply of water and disposal of sewage and solid waste are available or will be provided within the time provided in MCA 76-3-507; i. If water supply, sewage disposal or solid waste facilities are not munici- pally owned, certification from the facility owners that adequate facilities are available; and § 38.03.040 BOZEMAN MUNICIPAL CODE CD38:36PROOFS j. Certification that the city commission has reviewed and approved plans to ensure adequate stormwater drainage. (Ord. No. 1645, § 18.06.050, 8-15-2005; Ord. No. 1693, § 2(18.06.050), 2-20-2007; Ord. No. 1769, exh. B(18.06.050), 12-28-2009) Sec. 38.03.060. Final plat application. A. After the conditions of preliminary approval and the requirements for the installation of improve- ments have been satisfied, the developer shall cause to be prepared a final plat. The final plat shall conform to the uniform standards for final subdivi- sion plats as set forth in section 24.183.1107 ARM. Plans and data shall be prepared under the supervi- sion of a registered surveyor, licensed in the state, as their licensing laws allow. 1.Final plat submittal.The final plat and all supplementary documents shall be submit- ted to the planning department at least 30 working days prior to the expiration of subdivision application approval or any extension thereto. The submittal shall in- clude a final plat application form, the appropriate review fee, all information re- quired by section 38.41.070 and a written explanation of how each of the conditions of subdivision application approval has been satisfied. 2.County treasurer certification.A final plat will not be accepted as complete until the county treasurer has certified that no real property taxes and special assessments as- sessed and levied on the land to be subdi- vided are delinquent. 3.Review of abstract and covenants.With the final plat, the developer shall submit to the planning department a certificate of a li- censed title abstractor showing the names of the owners of record of the land to be subdivided and the names of lienholders or claimants of record against the land, and the written consent to the subdivision by the owners of the land, if other than the devel- oper, and any lienholders or claimants of record against the land. The certificate of licensed title abstractor shall be dated no earlier than 30 calendar days prior to sub- mittal. Covenants shall also be submitted to the planning department with the final plat application. The planning department staff will obtain the city attorney's approval of the covenants and the city attorney's certif- icate. 4.Review by the planning department.The planning department will then review the final plat application to ascertain that all conditions and requirements for final ap- proval have been met. If all conditions and requirements for final approval have been met, the planning department shall forward a report to the city commission for their action. 5.Final plat approval.The city commission shall examine every final plat, and within 45 working days of the date of submission to the planning department, shall approve it if it conforms to the conditions of prelimi- nary approval and the terms of this chapter. The city commission shall examine every final plat at a regular meeting. 1. If the final plat is approved, the direc- tor of public service shall so certify the approval in a printed certificate on the plat. 2. If the final plat is denied, the city commission shall cause a letter to be written to the developer stating the reasons therefor. 6.Filing.The developer shall file the ap- proved, signed final plat and all other required certificates and documents with the county clerk and recorder within 60 days of the date of final approval. (Ord. No. 1645, § 18.06.060, 8-15-2005; Ord. No. 1693, § 1(18.06.060), 2-20-2007; Ord. No. 1769, exh. B(18.06.060), 12-28-2009) § 38.03.060UNIFIED DEVELOPMENT CODE CD38:37PROOFS Sec. 38.03.070. Changestofiledsubdivisionplats. Changes to a filed subdivision plat must be filed with the county clerk and recorder as an amended plat. An amended plat may not be filed unless it meets the filing requirements for a final subdivision plat specified in these regulations. (Ord. No. 1645, § 18.06.070, 8-15-2005; Ord. No. 1693, § 1(18.06.070), 2-20-2007; Ord. No. 1769, exh. B(18.06.070), 12-28-2009) ARTICLE 4. LAND SUBDIVISIONS CREATED BY RENT OR LEASE Sec. 38.04.010. General. A. Land subdivisions created by rent or lease, rather than sale, refer to areas that provide multiple spaces for manufactured homes, mobile homes or recreational camping vehicles regardless of the size of the area or whether the spaces will be made available for rent by the general public for a fee. The land shall be owned as one parcel under single ownership, which can include a number of persons owning the property in common. Subdivisions com- plying with section 38.05.010.A.8 and 9, are not subject to this article. B. Land proposed for a subdivision created by rent or lease shall have a RMH, Residential Manu- factured Home or RS, Residential Suburban zoning designation. C. DPHHS license. If a land subdivision by rent or lease, that will provide multiple spaces for manufactured homes, mobile homes or recreational camping vehicles is also a "campground," "trailer court," "work camp," or "youth camp" as defined in this subsection C, the city commission shall not grant final approval until the developer obtains a license for the facility from the state department of public health and human services (DPHHS) under title 50, chapter 52 (MCA 50-52-101 et seq.). 1. "Campground" means a parcel of land avail- able to and principally used by the public for camping, where persons can camp, secure tents or cabins, or park trailers for camping and sleeping purposes. 2. "Trailer court" means a parcel of land upon which two or more spaces are available to the public and designated for occupancy by trailers, manufactured homes or mobile homes for use as residences. The term does not include a parcel composed of platted lots, if each lot: a. Is filed with the county clerk and recorder; b. Contains only one trailer space; and c. Is served by a public water supply system and public sewage system that meet the requirements of rules for systems adopted pursuant to title 75, chapter 6, part 1 (MCA 75-6-101 et seq.), and that are located within the boundaries of the city. 3. "Work camp" means a parcel of land on which housing is provided by a person for two or more families or individuals living separately, for the exclusive use of the employees of the person and the families, if any, of the employees. For purposes of this subsection C, "housing" includes but is not limited to camping spaces; trailer parking spaces; manufactured, mobile, modular or permanent barracks or structures; and any appurtenant water supply and distribution system, sewage collection and disposal sys- tem, solid waste collection and disposal system, or food service and dining facili- ties. Housing does not include shelter pro- vided by an employer for persons who are employed to perform agricultural duties on a ranch or farm. 4. "Youth camp" means a parcel of land on which permanent buildings, tents or other structures are maintained as living quarters for ten or more people and that is used primarily for educational or recreational use by minors. The term includes any § 38.03.070 BOZEMAN MUNICIPAL CODE CD38:38PROOFS appurtenant water supply and distribution system, sewage collection and disposal sys- tem, solid waste collection and disposal system, or food service and dining facili- ties. D. Surveying and filing requirements exemp- tion. Land subdivisions created by rent or lease are exempt from the surveying and filing requirements of the Montana Subdivision and PlattingAct (MCA 76-3-101 et seq.). (Ord. No. 1645, § 18.08.010, 8-15-2005) Sec. 38.04.020. Procedure, submittal require- ments and review criteria. A. Land subdivisions created by rent or lease shall be submitted, reviewed and approved by the city before any portions of the development may be rented or leased. The developer shall apply for site plan and subdivision review. B. Site plan review. All relevant procedures, submittal requirements and review criteria con- tained in article 19 of this chapter shall apply. The development shall also comply with the require- ments of article 8 of this chapter and sections 38.22.120 and 38.22.170. C. Subdivision review. The subdivision review procedure and review criteria for land subdivisions created by rent or lease will depend upon the number of spaces within the proposed development. Proposed developments containing five or fewer spaces for rent or lease shall be reviewed as minor subdivisions according to the provisions of article 3 of this chapter and proposed developments contain- ing six or more spaces for rent or lease shall be reviewed as major subdivisions according to the provisions of article 3 of this chapter. 1. Preapplication plan.The preapplication plan shall be reviewed using the procedures contained in section 38.03.020. The submit- tal materials listed in section 38.41.030 shall be provided. 2. Preliminary plan submittal and procedure. For land subdivisions created by rent or lease, the developer shall submit a prelim- inary plan in lieu of a preliminary plat, a completed application for minor subdivi- sion or major subdivision as appropriate, and the materials listed in sections 38.41.050 and 38.41.060. 3. Final plan submittal and procedure. For land subdivisions created by rent or lease, the developer shall submit a final plan in lieu of a final plat, a completed final plat application and the materials listed in sec- tion 38.41.070. 4. Supplementary materials. In addition to the submittal requirements of article 41 of this chapter, preliminary and final plans for land subdivisions created by rent or lease shall show the following: a. A layout of all spaces proposed for rent or lease; b. Location of commonly owned areas and facilities; and c. Parks and/or recreation areas. 5. Boundary lines. All preliminary and final plans may show approximate boundary, lot, right-of-way or other lines. (Ord. No. 1645, § 18.08.020, 8-15-2005) Sec. 38.04.030. Timing of improvements. Before any portion of a land subdivision created by rent or lease can be rented or leased, all required improvements shall be installed, inspected and found compliant with the approved plan, and where applicable accepted by the city. (Ord. No. 1645, § 18.08.030, 8-15-2005) Sec. 38.04.040. Filing of final plan. Once the final plan has been approved by the city commission, an original copy of the approved plan shall be filed with the county clerk and recorder as a "miscellaneous" document and another copy of the approved plan shall be retained by the engineer- ing division of the department of public services. (Ord. No. 1645, § 18.08.040, 8-15-2005) § 38.04.040UNIFIED DEVELOPMENT CODE CD38:39PROOFS ARTICLE 5. SUBDIVISION EXEMPTIONS* Sec. 38.05.010. Divisions of land entirely ex- empt from the requirements of this chapter and the state subdi- vision and platting act. A. Unless the method of disposition is adopted for the purpose of evading this chapter or the Montana Subdivision and Platting Act (MCA 76-3- 101 et seq.) (the "Act"), the requirements of this chapter pertaining to subdivisions and the Act may not apply when (references below the following text are to the authorizing law): 1. Adivision of land is created by order of any court of record in this state or by operation of law or that, in the absence of agreement between the parties to the sale, could be created by an order of any court in the state pursuant to the law of eminent domain (MCA 70-30-101 et seq.; MCA 76-3- 201(1)(a)): a. Before a court of record orders a division of land, the court shall notify the governing body of the pending division and allow the governing body to present written comment on the division; 2. A division of land is created to provide security for mortgages, liens or trust inden- tures for the purpose of construction, im- provements to the land being divided, or refinancingpurposes(MCA76-3-201(1)(b)). This exemption applies: a. To a division of land of any size; b. If the land that is divided is not conveyed to any entity other than the financialorlendinginstitutiontowhich the mortgage, lien or trust indenture was given or to a purchaser upon foreclosure of the mortgage, lien or trust indenture. A transfer of the di- vided land, by the owner of the prop- erty at the time that the land was divided, to any party other than those identified in this subsection subjects the division of land to the require- ments of the Montana Subdivision and Platting Act and article 3 of this chapter; c. To a parcel that is created to provide security, however the remainder of the tract of land is subject to the provi- sions of the Montana Subdivision and Platting Act and article 3 of this chap- ter if applicable; 3. A division of land creates an interest in oil, gas, minerals or water that is severed from thesurfaceownershipofrealproperty(MCA 76-3-201(1)(c)); 4. A division of land creates cemetery lots (MCA 76-3-201(1)(d)); 5. A division of land is created by the reser- vation of a life estate (MCA76-3-201(1)(e)); 6. A division of land is created by lease or rental for farming and agricultural purposes (MCA 76-3-201(1)(f); 7. A division of land is created for rights-of- way or utility sites. A subsequent change in the use of the land to a residential, com- mercial or industrial use is subject to the requirements of the Montana Subdivision and PlattingAct and article 3 of this chapter (MCA 76-3-201(1)(h)); 8. The land upon which an improvement is situated has been subdivided in compliance with this chapter and the Act, the sale, rent, lease or other conveyance of one or more parts of a building, structure or other im- provement situated on one or more parcels of land is not a division of land (MCA 76-3-202); 9. The sale, rent, lease or other conveyance of one or more parts of a building, structure or *State law reference—Miscellaneous exemptions, MCA 76-3-201 et seq. § 38.05.010 BOZEMAN MUNICIPAL CODE CD38:40PROOFS other improvement, whether existing or proposed, is not a division of land (MCA 76-3-204); 10. Adivision of land created by lease or rental of contiguous airport-related land owned by a city, county, the state, or a municipal or regional airport authority provided that the lease or rental is for onsite weather or air navigation facilities, the manufacture, main- tenance, and storage of aircraft, or air carrier-relatedactivities(MCA76-3-205(1)); 11. A division of state-owned land unless the division creates a second or subsequent parcel from a single tract for sale, rent or lease for residential purposes after July 1, 1974 (MCA 76-3-205(2); and 12. Deeds, contracts, leases or other convey- ances that were executed prior to July 1, 1974 (MCA 76-3-206). (Ord. No. 1645, § 18.10.010, 8-15-2005; Ord. No. 1769, exh. C(18.10.010), 12-28-2009) State law reference—Similar provisions, MCA 76- 3-201, 76-3-202, 76-3-204, 76-3-205, 76-3-206. Sec. 38.05.020. Specific divisions of land exempt from review but subject to sur- veyrequirementsandzoningreg- ulations for divisions of land not amounting to subdivisions. A. Unless the method of disposition is adopted for the purpose of evading this chapter or the Act, the following divisions or aggregations of land are not subdivisions under this chapter and the Act, but are subject to the surveying requirements of MCA 76-3-401 for lands other than subdivisions and are subject to applicable zoning regulations adopted under title 76, chapter 2, Montana Code Annotated (MCA76-2-101 et seq.).Adivision of land may not be made under this section unless the county treasurer has certified that no real property taxes and special assessments assessed and levied on the land to be divided are delinquent. The county clerk and recorder shall notify the planning department of any land division described in this section or MCA 76-3-207(1). 1. Divisions made outside of platted subdivi- sions for the purpose of relocating common boundary lines between adjoining proper- ties (MCA 76-3-207(a)); 2. Divisions made outside of platted subdivi- sions for the purpose of a single gift or sale in each county to each member of the landowner's immediate family (MCA 76-3- 207(b) A); 3. Divisions made outside of platted subdivi- sions by gift, sale or an agreement to buy and sell in which the parties to the transac- tion enter a covenant running with the land and revocable only by mutual consent of the city and the property owner that the divided land will be used exclusively for agricultural purposes (MCA 76-3-207(c)); 4. For five or fewer lots within a platted subdivision, the relocation of common boundaries (MCA 76-3-207(d)); and 5. Divisions made for the purpose of relocat- ing a common boundary line between a single lot within a platted subdivision and adjoining land outside a platted subdivi- sion. A restriction or requirement on the original platted lot or original unplatted parcel continues to apply to those areas (MCA 76-3-207(e)). 6. Aggregation of parcels or lots when a certificate of survey or subdivision plat shows that the boundaries of the original parcels have been eliminated and the bound- aries of the larger aggregate parcel are established. A restriction or requirement on the original platted lot or original unplatted parcel continues to apply to those areas (MCA 76-3-207(f)). (Ord. No. 1645, § 18.10.020, 8-15-2005; Ord. No. 1769, exh. C(18.10.020), 12-28-2009) State law reference—Similar provisions, MCA 76- 3-207. § 38.05.020UNIFIED DEVELOPMENT CODE CD38:41PROOFS Sec. 38.05.030. Exemptions from surveying and filing requirements but subject to review. Subdivisions created by rent or lease are exempt from the surveying and filing requirements of article 3 of this chapter and the Montana Subdivi- sion and Platting Act, but must be submitted for review and approved by the city commission before portions thereof may be rented or leased. (Ord. No. 1645, § 18.10.030, 8-15-2005; Ord. No. 1769, exh. C(18.10.030), 12-28-2009) State law reference—Similar provisions, MCA 76- 3-208. Sec. 38.05.040. Condominiums. A. Condominium developments are exempt from the surveying and filing requirements of article 3 of this chapter and the Montana Subdivision and Platting Act. B. Condominiums, constructed on land divided in compliance with the Montana Subdivision and Platting Act, are exempt from the provisions of article 3 of this chapter and the Montana Subdivi- sion and Platting Act if either: 1. The approval of the original division of land expressly contemplated the construc- tion of the condominiums and any applica- ble park dedication requirements of MCA 76-3-621 are complied with; or 2. The condominium proposal is in confor- mance with applicable local zoning regula- tions where local zoning regulations are in effect. (Ord. No. 1645, § 18.10.040, 8-15-2005; Ord. No. 1769, exh. C(18.10.040), 12-28-2009) State law reference—Similar provisions, MCA 76- 3-203. Sec. 38.05.050. Exemption from surveying and platting requirements for lands acquired for state highways. Instruments of transfer for land which is acquired for state highways may refer by parcel and project number to state highway plans which have been recorded in compliance with MCA 60-2-209 and are exempted from the surveying and platting re- quirements of this chapter and the Act (MCA 76-3-209). If such parcels are not shown on high- way plans of record, instruments of transfer of such parcels shall be accompanied by and refer to appro- priate certificates of survey and plats when pre- sented for recording. (Ord. No. 1645, § 18.10.050, 8-15-2005; Ord. No. 1769, exh. C(18.10.050), 12-28-2009) State law reference—Similar provisions, MCA 76- 3-209. Sec. 38.05.060. Procedures and general require- ments. A. All certificates of survey or amended subdi- vision plats claiming an exemption inside city limits and subject to survey requirements shall be submit- ted to the planning department. The procedures and requirements of this chapter are limited to the exemptions discussed in section 38.05.070. 1.Submittal.A claimant seeking an exemp- tion under the Act and this chapter shall submit to the planning department a claim on the appropriate application form, includ- ing a signed certificate of exemption, to- gether with evidence to support the claim and any other information required by this chapter. 2.Review.The planning department will re- view the claimed exemption to verify that it is the proper use of the claimed exemption. a. During this review, planning depart- ment staff will visit the proposed site, understand thoroughly the nature of all activity occurring on the site, and shall identify any existing or potential zoning conflicts. The planning depart- ment shall prepare a memo evaluating the claimed exemption against appli- cable review criteria, which shall also be made available to the claimant or the claimant's representative. § 38.05.030 BOZEMAN MUNICIPAL CODE CD38:42PROOFS b. In assessing the claimant's purpose for the exemption, the planning depart- ment will evaluate all relevant circum- stances including the nature of the claimant's business, the prior history of the particular tract in question, and the proposed configuration of the tract, if the proposed exemption transac- tions are completed. c. Where a rebuttable presumption is declared in this chapter, the presump- tion may be overcome by the claimant with evidence contrary to the presump- tion. If the planning department con- cludes that the evidence overcomes the presumption and that from all the circumstances the exemption is justi- fied, the exemption will be allowed. On the other hand, if the planning departmentconcludesthatthepresump- tion is not overcome and that from all the circumstances the exemption is not justified, the exemption will be disallowed. d. If the exemption is allowed, the plan- ning department shall so certify in a printed certificate on the certificate of survey or amended plat within 30 days of submission of a complete application. e. If the exemption is disallowed, the planningdepartmentshallprovidewrit- ten notification, within 30 days of submission of a complete application, of its decision to the person claiming the exemption and to the county clerk and recorder. 3.Filing requirements.An amended plat or a certificate of survey of a division of land which is exempt from review must be filed within 180 days of the completion of the survey. a.Certificates of survey.A certificate of survey may not be filed by the county clerk and recorder unless it complies with the following procedures for di- visions of land exempted from public review as subdivisions. Certificates of survey for divisions of land meeting the criteria set out in MCA 76-3-207, must meet the following require- ments: (1) A certificate of survey of a divi- sion of land that would other- wise be a subdivision, but that is exempted from subdivision re- view under MCA76-3-207, may not be filed by the county clerk and recorder unless it bears the acknowledged certificate of the property owner stating that the division of land is exempt from review as a subdivision and cit- ing the applicable exemption. (2) If the exemption relied upon re- quires that the property owner enter into a covenant running with the land, the certificate of survey may not be filed unless it bears a signed and acknowl- edged recitation of the covenant. (3) If a certificate of survey invokes the exemption for gifts and sales to members of the landowner's immediate family, the certificate must indicate the name of the proposed grantee, the relation- ship of the grantee to the land- owner and the parcel to be con- veyed to the grantee. (4) If a certificate of survey invokes the exemption for the relocation of common boundary lines: (a) The certificate of survey must bear the signatures of all landowners whose par- cels will be altered by the proposed relocation. The certificate of survey must § 38.05.060UNIFIED DEVELOPMENT CODE CD38:43PROOFS show that the exemption was used only to change the location of or eliminate a boundary line dividing two or more parcels, and must clearly distinguish the prior boundary location (shown, for example, by a dashed or broken line or a notation) from the new boundary (shown, for ex- ample, by a solid line or notation); (b) The certificate of survey must show the boundaries of the area that is being removed from one parcel andjoinedwithanotherpar- cel. The certificate of sur- vey may, but is not re- quired to, establish the exterior boundaries of the resulting parcels. However, the certificate of survey must show portions of the existing unchanged bound- aries sufficient to clearly identify both the location and the extent of the bound- ary relocation; (3) If a boundary line will be completely eliminated, the certificatemustestablishthe boundary of the resulting parcel. (5) If the certificate of survey in- vokes an exemption from subdi- vision review under MCA 76-3- 207, the certificate of survey must bear, or be accompanied by, a certification by the county treasurer that all taxes and spe- cial assessments assessed and levied on the surveyed land have been paid. (6) For purposes of subsection 3.a of this section, when the parcel of land for which an exemption from subdivision review is claimed is being conveyed under a contract-for-deed, the terms "property owner," "landowner" and "owner" mean the seller of the parcel under the contract-for- deed. (7) Procedures for filing certificates of survey of divisions of land entirely exempted from the re- quirements of the Act. The divi- sions of land described in MCA 76-3-201, 76-3-205 and 76-3- 209, and divisions of federally owned land made by a United States government agency are not required to be surveyed, nor must a certificate of survey or subdivision plat showing these divisions be filed with the county clerk and recorder. A certificate of survey of one of these divi- sions may, however, be filed with the county clerk and recorder if the certificate of survey meets the requirements for form and content for certificates of survey containedinthissectionandbears a certificate of the surveyor per- forming the survey citing the applicable exemption from the Act or, when applicable, that the land surveyed is owned by the federal government. b.Amended plats.Unless a division of land is exempt from subdivision re- view by MCA 76-3-201 or 76-3- 207(1)(d) or (e), an amended plat shall not be filed by the county clerk and recorder unless it complies with the uniform standards for final subdi- vision plats specified in section 24.183.1107, ARM. A survey docu- § 38.05.060 BOZEMAN MUNICIPAL CODE CD38:44PROOFS ment that modifies lots in a platted and filed subdivision and invokes an exemption from subdivision review underMCA76-3-201or76-3-207(1)(d) or (e), must be entitled "amended plat of the (name of subdivision)," but for all other purposes is to be regarded as a certificate of survey and subject to the requirements of subsection 3.a of this section. (Ord. No. 1645, § 18.10.060, 8-15-2005; Ord. No. 1769, exh. C(18.10.060), 12-28-2009) Sec. 38.05.070. Exemption review criteria. A. The following criteria shall be used to ensure that exemptions are not claimed for the purposes of evading this chapter or theAct.Appeals regarding a decision by the planning department that an exemp- tion is an evasion of the Subdivision and Platting Act may be taken to the city commission in the manner established for administrative project deci- sion appeals as set forth in section 38.35.030. 1. A division of land is created to provide security for mortgages, liens or trust inden- tures for the purpose of construction, im- provements to the land being divided or refinancingpurposes(MCA76-3-201(1)(b)). a. The proper use of the exemption is to provide security for construction mort- gages, liens or trust indentures, when a survey of the parcel has been re- quired. b. The city makes a rebuttable presump- tion that a division of land that is created to provide security is adopted for the purpose of evading the Act under the following conditions: (1) If the division of land is created for the purpose of conveyance to any entity other than the finan- cialorlendinginstitutiontowhich the mortgage, lien or trust inden- ture was given or to a purchaser upon foreclosure of the mort- gage, lien or trust indenture; or (2) The security is provided for con- struction or improvements on, or refinancing for, land other than on the exempted parcel. c. When the security for construction financing exemption is to be used, the landowner shall submit, in addition to such other documents as may be re- quired, a written statement explain- ing: (1) How many parcels within the original tract will be created by use of the exemption; (2) Who will have title to and pos- session of the remainder of the original parcel; and (3) A signed and notarized state- ment from a lending institution that the creation of the exempted parcel is necessary to secure a construction loan for buildings or other improvements on the parcel. d. The written statement and the instru- ments creating the security shall be filed at the same time as the survey with the clerk and recorder. 2. Divisions made outside of platted subdivi- sions for the purpose of relocating common boundary lines between adjoining proper- ties (MCA 76-3-207(a)). a. The proper use of the exemption for relocating common boundary lines is to establish a new boundary between adjoining parcels of land outside of a platted subdivision, without creating an additional parcel. b. A certificate of survey for the reloca- tion of common boundary lines may include five or fewer parcels and/or lots. § 38.05.070UNIFIED DEVELOPMENT CODE CD38:45PROOFS c. Certificates of survey showing the relocation of common boundary lines must be accompanied by: (1) An original deed exchanging re- corded interest from every per- son having a recorded interest in adjoining properties for the en- tire newly described parcel that is acquiring additional land; (2) Documentation showing the need or reason for the relocation (for example:structureencroachment, surveyor error, or enhancement of the configuration of the prop- erty); and (3) The certificate of survey must bear the signatures of all land- ownerswhoseparcelsarechanged by the relocation, and show that the exemption was used only to change the location of a bound- ary line dividing two parcels, and must clearly distinguish the prior boundary location (shown, for example, by a dashed or broken line or a notation) from the new boundary (shown, for example, by a solid line or nota- tion). d. The city makes a rebuttable presump- tion that a proposed relocation of common boundary lines is adopted for the purpose of evading the Act, if: (1) The planning department deter- minesthatthedocumentationsub- mitted according to this section does not support the stated rea- son for relocation, or an addi- tional parcel is created. 3. Division made outside of platted subdivi- sions for the purpose of a single gift or sale in each county to each member of the landowner's immediate family (MCA 76-3- 207(b)). a. A member of the immediate family is the spouse of the grantor, or whether by blood or adoption, a son, daughter, mother or father of the grantor. b. The proper use of the exemption as a gift or sale to a member of the imme- diate family is to convey one parcel of land outside of a platted subdivision to each member of the landowner's immediate family in each county, pro- viding that the use of the exemption creates no more than one additional parcel of less than 160 acres in size. Each exemption under this section will be reviewed by the planning de- partment under this chapter. c. A certificate of survey for a family transfer may include more than one exempt parcel providing all parcels meet the criteria of this section. d. Certificates of survey showing the creation of new parcels of land pursu- ant to this exemption as a gift or sale to a member of the immediate family must be accompanied by an original deed transferring interest in the parcel being created, or a statement detailing where the deed is in escrow, how long it will be in escrow and authorization to contact the escrow agent for verifi- cation. e. The certificate of survey for an ex- emption for a family transfer must indicate the name of the grantee, the relationship of the grantee to the land- owner and the parcel to be conveyed to the grantee. f. The city makes a rebuttable presump- tion that a family transfer is adopted for the purpose of evading this chapter § 38.05.070 BOZEMAN MUNICIPAL CODE CD38:46PROOFS and theAct if it is determined that one or more of the following conditions exist: (1) Theexemptionwouldcreatemore than one additional parcel of less than 160 acres. (2) The member of the landowner's immediate family would have received more than one exempted parcel in the county. 4. Division made outside of platted subdivi- sions by gift, sale or an agreement to buy and sell in which the parties to the transac- tion enter a covenant running with the land and revocable only by mutual consent of the city and the property owner that the divided land will be used exclusively for agricultural purposes (MCA 76-3-207(c)). a. An agricultural exemption is a divi- sion of land made outside of a platted subdivision by gift, sale or agreement to buy and sell in which the parties to the transaction enter a covenant run- ning with the land, revocable only by mutual consent of the city and the transferee/property owner, that the di- vided land will be used exclusively for agricultural purposes. No building or structure requiring water or sewer facilities shall be utilized on such a parcel. (1) A change in use of the land for anything other than agricultural purposes subjects the division to this chapter and review under parts 5 and 6 of the Act. 5. For five or fewer lots within a platted subdivision, relocation of common bound- aries and the aggregation of lots (MCA 76-3-207(d)). a. The proper use of the exemption for aggregation of lots and/or relocation ofcommonboundariesistherearrange- ment and/or aggregation of five or fewer lots within a platted subdivision which does not increase the total num- ber of lots within the subdivision. The plat shall contain the title "amended plat" and must be filed with the county clerk and recorder. b. The amended plat showing the aggre- gation of lots and/or relocation of common boundary within a platted subdivision must be accompanied by: (1) An original deed exchanging re- corded interest from every per- son having a recorded interest in adjoining properties for the en- tire newly described parcel that is acquiring additional land; (2) Documentation showing the need or reason for the relocation (for example:structureencroachment, surveyor error, or enhancement of the configuration of the prop- erty); and (3) The amended plat must bear the signatures of all landowners whose parcels are changed by therelocationoraggregation.The amended plat must show that the exemption was used only to change the location of boundary lines or aggregate lots, and must clearly distinguish the prior boundary location (shown, for example, by a dashed or broken line or a notation) from the new boundary (shown, for example, by a solid line or notation). c. The city makes a rebuttable presump- tion that a proposed aggregation of lots and/or relocation of common boundaries within a platted subdivi- sion is adopted for the purpose of evading the Act if it determines that six or more lots are affected by the proposal. § 38.05.070UNIFIED DEVELOPMENT CODE CD38:47PROOFS d. Any division of lots which results in an increase in the number of lots or which redesigns or rearranges six or more lots must be reviewed as a subdivision and approved by the city prior to the filing of the final plat. 6. Divisions made for the purpose of relocat- ing a common boundary line between a single lot within a platted subdivision and adjoining land outside a platted subdivision (MCA 76-3-207(d)). a. The proper use of the exemption for relocating common boundary lines is to establish a new common boundary line between a single lot within a platted subdivision and adjoining land outside a platted subdivision.Arestric- tion or requirement on the original platted lot or original unplatted parcel continues to apply to those areas. b. A certificate of survey for the reloca- tion of common boundary lines may include five or fewer parcels and/or lots. c. Certificates of survey showing the relocation of common boundary lines must be accompanied by: (1) A original deed exchanging re- corded interest from every per- son having a recorded interest in adjoining properties for the en- tire newly-described parcel that is acquiring additional land; (2) Documentation showing the need or reason for the relocation (for example:structureencroachment, surveyor error, or enhancement of the configuration of the prop- erty); and (3) The certificate of survey must bear the signatures of all land- ownerswhoseparcelsarechanged by the relocation, and show that the exemption was used only to change the location of a bound- ary line dividing two parcels, and must clearly distinguish the prior boundary location (shown, for example, by a dashed or broken line or a notation) from the new boundary (shown, for example, by a solid line or nota- tion). d. The city makes a rebuttable presump- tion that a proposed relocation of common boundary lines is adopted for the purpose of evading the Act, if: (1) The planning department deter- minesthatthedocumentationsub- mitted according to this section does not support the stated rea- son for relocation, or an addi- tional parcel is created. (Ord. No. 1645, § 18.10.070, 8-15-2005; Ord. No. 1769, exh. C(18.10.070), 12-28-2009) Sec. 38.05.080. Procedures for filing certificates of survey of divisions of land entirely exempted from the re- quirements of the act. A certificate of survey of a division of land entirely exempted from the requirements of this chapter and the Act may be filed with the county clerk and recorder if it meets the requirements for form and content for certificates of survey con- tained in this section and bears a certificate of the surveyor performing the survey stating the applica- ble exemption from the Act. (Ord. No. 1645, § 18.10.080, 8-15-2005; Ord. No. 1769, exh. C(18.10.080), 12-28-2009) Sec. 38.05.090. Correction of errors. Correction of errors may be made by the submis- sion of a corrected certificate of survey for the planning director's approval. (Ord. No. 1645, § 18.10.090, 8-15-2005; Ord. No. 1769, exh. C(18.10.090), 12-28-2009) § 38.05.070 BOZEMAN MUNICIPAL CODE CD38:48PROOFS ARTICLE 6. SUBDIVISION CERTIFICATES* Sec. 38.06.010. General. Thecertificateslistedinsections38.06.020through 38.06.110, shall be shown on plats and certificates of survey, as appropriate. Other certificates than those shown may be required by the city when deemed appropriate. The proper notary block shall be used. (Ord. No. 1645, § 18.12.010, 8-15-2005; Ord. No. 1693, § 3(18.12.010), 2-20-2007) Sec. 38.06.020. Dedication or consent. A. All plats of subdivisions must contain a certificate of dedication or certificate of consent. In the case of corporate ownership, the proper corpo- ration officer must sign, a corporate notary form must be used, and the corporate seal must be affixed. The certificate shall read as follows: 1.Certificate of dedication. CERTIFICATE OF DEDICATION (I), (We), the undersigned property owner(s), do hereby certify that (I) (We) have caused to be surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedica- tions, as shown by the plat hereunto included the following described tract of land to wit: Description (Exterior Boundary Description of Area Contained in Plat and Total Acreage) The above-described tract of land is to be known and designated as (name of subdivision), City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, and parks or public lands shown on said plat are hereby granted and donated to the City of Boze- man for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, avenues, alleys, and parks or public lands dedicated to the public are accepted for public use, but the city accepts no responsibility for maintaining the same. The owner(s) agree(s) that the city has no obligation to maintain the lands included in all streets, avenues, alleys, and parks or public lands, hereby dedicated to public use. The lands included in all streets, avenues, alleys, and parks or public lands dedicated to the public for which the city accepts responsibility for main- tenance include (list specific streets, avenues, al- leys for other public lands). The undersigned hereby grants unto each and ev- ery person firm or corporation, whether public or private, providing or offering to provide tele- phone, electric power, gas, internet, cable televi- sion or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as "Utility Easement" to have and to hold forever. DATED this day of , . (Acknowledged and notarized signatures of all record owners of platted property) 2.Certificate of consent. CERTIFICATE OF CONSENT (I), (We), the undersigned property owner(s), do hereby certify that (I), (We) caused to be sur- veyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedica- tions, as shown by this plat hereunto included, the following described tract of land, to wit:*State law reference—Certificate of survey, MCA 76-3-404. § 38.06.020UNIFIED DEVELOPMENT CODE CD38:49PROOFS Description (Exterior Boundary Description of Area Contained in Plat and Total Acreage) The above described tract of land is to be known and designated as (name of subdivision), City of Bozeman, Gallatin County, Montana. The undersigned hereby grants unto each and ev- ery person, firm of corporation, whether public or private, providing or offering to provide tele- phone, electric power, gas, internet, cable televi- sion or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as "Utility Easement" to have and to hold forever. DATED this day of , . (Acknowledged and notarized signatures of all record owners of platted property) (Ord. No. 1645, § 18.12.030, 8-15-2005; Ord. No. 1693, § 3(18.12.020), 2-20-2007) Sec. 38.06.030. Mortgagee. In those cases where the area being platted or the plat of subdivision is subject to any liens, mort- gages, claims, or other encumbrances by parties or other owners, the following certificate shall be required: CONSENT OF MORTGAGEE(S) (I), (We), the undersigned mortgagee(s) or encum- brancer(s), do hereby join in and consent to the described plat, releasing (my) (our) respective liens, claims or encumbrances as to any portion of said lands now being platted into streets, ave- nues, parks or other public areas which are dedi- cated to the City of Bozeman for the public use and enjoyment. DATED this day of , . (Acknowledged and notarized signature of all en- cumbrances of record) (Ord. No. 1645, § 18.12.030, 8-15-2005; Ord. No. 1693, § 3(18.12.030), 2-20-2007) Sec. 38.06.040. Park land. A.Cash-in-lieu of park land.Where there will be a cash donation in-lieu of park land dedication, plats of subdivision shall show the following cer- tificate: CERTIFICATE ACCEPTING CASH DONATION IN-LIEU OF LAND DEDICATION In as much as dedication of park land within the platted area of (Subdivision Name) would be un- desirable for park and playground purposes, it is hereby ordered by the city commission of the City of Bozeman, that land dedication for park purposes be waived and that cash-in-lieu, in the amount of dollars, be accepted in accordance with the provisions of the Montana, Subdivision and Platting Act (MCA 76-3-101 through 76-3-625) and the Bozeman Municipal Code. DATED this day of , . (Signature) City of Bozeman Director of Public Services B.Off-site park land dedication.Where park land will be provided off-site, in accordance with section 38.27.100.A.4 or 5, plats of subdivision shall show the following certificate: CERTIFICATE ACCEPTING OFF-SITE PARK LAND DEDICATION § 38.06.020 BOZEMAN MUNICIPAL CODE CD38:50PROOFS In as much as an alternative to dedication of park land, for park and playground purposes within the platted area of (Subdivision Name), would be desirable, it is hereby ordered by the city com- mission of the City of Bozeman that land dedica- tion for park purpose be provided off-site with land outside of the platted area of (Subdivision Name) in accordance with the provisions of the Montana Subdivision and Platting Act (MCA 76- 3-101 through 76-3-625), and the Bozeman Mu- nicipal Code. The off-site park land dedication will be provided with the following described tract(s) of land to wit: Description (Exterior Boundary Description of Area Contained in Plat and Total Acreage) DATED this day of , . (Signature) City of Bozeman Director of Public Services C.Park land dedication to School District 7. Where park land will be provided in accordance with section 38.27.100.A.6, plats of subdivision shall show the following certificate: CERTIFICATE ACCEPTING PARK LAND DED- ICATION TO SCHOOL DISTRICT 7 In as much as an alternative to dedication of park land, for park and playground purposes within the platted area of (Subdivision Name), would be desirable, it is hereby ordered by the city com- mission of the City of Bozeman that required land dedication for park purposes be met with land dedicated to School District 7 in accordance with the provisions of the Montana Subdivision and Platting Act (MCA 76-3-101 et seq.), and the Bozeman Municipal Code. If School District 7 chooses to no longer use the land for school buildings and facilities, the ownership of the land shall revert to the City of Bozeman for park pur- poses and School District 7 shall transfer the land to the city with clear title and in a condition meeting the minimum development standards for parks established in section 38.27.080. The land dedication will be provided with the following described tract(s) of land, to wit: Description (Exterior Boundary Description of Area Contained in Plat and Total Acreage) DATED this day of , . (Signature) City of Bozeman Director of Public Services (Signature) Chairman, School District 7 Board of Trustees (Ord. No. 1645, § 18.12.040, 8-15-2005; Ord. No. 1693, § 3(18.12.040), 2-20-2007) Sec. 38.06.050. Surveyor. All subdivision plats or certificates of survey shall contain a certificate of surveyor which shall read as follows: CERTIFICATE OF SURVEYOR § 38.06.050UNIFIED DEVELOPMENT CODE CD38:51PROOFS I, the undersigned, (Type or Print Name), Regis- tered Land Surveyor, do hereby certify that be- tween , , and , , I surveyed (Name of Subdivision or Certificate of Survey), and platted the same as shown on the accompany- ing plat (or certificate of survey) and as described in accordance with the provisions of the Montana Subdivision and Platting Act (MCA 76-3-101 through 76-3-625), and the Bozeman Municipal Code. DATED this day of , . (Signature) (Printed or Typed Name) Registration No. (Seal of Surveyor) (Ord. No. 1645, § 18.12.050, 8-15-2005; Ord. No. 1693, § 3(18.12.050), 2-20-2007) Sec. 38.06.060. Improvements. A. Where improvements are to be installed prior to final plat approval, the final plat of subdivision shall contain a certificate of completion of public improvements. The certificate shall list all com- pleted and accepted improvements, and shall read as follows: CERTIFICATE OF COMPLETION OF IMPROVE- MENTS I, (Name of Subdivider), and I, (Name of Subdi- vider's Registered Engineer), a registered profes- sional engineer licensed to practice in the state of Montana, hereby certify that the following im- provements, required to meet the requirements of chapter 38 of the Bozeman Municipal Code or as a condition(s) of approval of (Name of Subdivi- sion), have been installed in conformance with the approved plans and specifications, or finan- cially guaranteed and covered by the improve- ments agreement accompanying this plat. Installed Improvements: (List improvements in accordance with section 38.06.060.A). Financially Guaranteed Improvements: (List im- provements in accordance with section 38.06.060.B). The subdivider hereby warrants against defects in these improvements for a period of two years from the date of acceptance by the City of Bozeman. The subdivider grants possession of all public infrastructure improvements to the City of Boze- man and the city hereby accepts possession of all public infrastructure improvements, subject to the above indicated warranty. Signature of Subdivider (Date) Signature, Number, and Seal of Engineer (Date) Signature, Director of Public Services (Date) B. If all required subdivision improvements will not be installed prior to final plat approval, and the final plat will be recorded subject to an improve- ments agreement and financial guarantee, this cer- tificate shall be modified to also list all improve- ments not completed. (Ord. No. 1645, § 18.12.060, 8-15-2005; Ord. No. 1693, § 3(18.12.060), 2-20-2007) Sec. 38.06.070. Governing body. The city commission or their designated agent shall certify approval of the plat of subdivision. Said certificate shall read as follows: CERTIFICATE OF DIRECTOR OF PUBLIC SER- VICES I, Director of Public Services, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law, approves it, and hereby accepts the dedication to the City of Boze- man for the public use of any and all lands shown on the plat as being dedicated to such use. DATED this day of , . § 38.06.050 BOZEMAN MUNICIPAL CODE CD38:52PROOFS (Signature), Director of Public Services (Ord. No. 1645, § 18.12.070, 8-15-2005; Ord. No. 1693, § 3(18.12.070), 2-20-2007) Sec. 38.06.080. Exclusion from MDEQ review. The following certificate shall be added to all subdivision plats to certify that adequate stormwater drainage and adequate municipal facilities will be provided. CERTIFICATE OF EXCLUSION FROM MON- TANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW The (Name of Subdivision), Gallatin County, Montana, is within the City of Bozeman, Mon- tana, a first-class municipality, and within the planning area of the Bozeman growth policy which was adopted pursuant to MCA 76-1-601 et seq., and can be provided with adequate stormwater drainage and adequate municipal facil- ities. Therefore, under the provisions of MCA 76-4-125(2)(d), this subdivision is excluded from the requirement for Montana Department of Envi- ronmental Quality review. DATED this day of , . (Signature), Director of Public Services City of Bozeman, Montana (Ord. No. 1645, § 18.12.080, 8-15-2005; Ord. No. 1693, § 3(18.12.080), 2-20-2007) Sec. 38.06.090. County treasurer. All final subdivision plats, and certificates of survey unless prepared for a subdivision exemption to provide security for construction mortgages, liens or trust indentures, shall show the following certificate of county treasurer: CERTIFICATE OF COUNTY TREASURER I, (Name of County Treasurer), Treasurer of Gal- latin County, Montana, do hereby certify that the accompanying plat (or certificate of survey) has been duly examined and that all real property taxes and special assessments assessed and levied on the land to be subdivided are paid. DATED this day of , . (Signature), Treasurer of Gallatin County (Ord. No. 1645, § 18.12.090, 8-15-2005; Ord. No. 1693, § 3(18.12.090), 2-20-2007) Sec. 38.06.100. Clerk and recorder. All plats or certificates of survey shall show the following certificate of clerk and recorder: CERTIFICATE OF CLERK AND RECORDER I, (Name of Clerk and Recorder), Clerk and Re- corder of Gallatin County, Montana, do hereby certify that the foregoing instrument was filed in my office at o'clock, (a.m. or p.m.), this day of , , and recorded in Book of Plats on Page , Records of the Clerk and Recorder, Gallatin County, Montana. (Signature), Clerk and Recorder (Ord. No. 1645, § 18.12.100, 8-15-2005; Ord. No. 1693, § 3(18.12.100), 2-20-2007) Sec. 38.06.110. Certification of use of exemption claim. A. The following certificates shall be provided in a printed certificate on the amended plat or certificate of survey for allowed exemptions: 1.Certificate of governing body. CERTIFICATE OF GOVERNING BODY I, (Planning Director), do hereby certify that the accompanying (Certificate of Survey or Amended Plat) has been duly reviewed, and has been found to conform to the requirements of the Subdivision and Platting Act (MCA 76-3-101 et seq.), and the Bozeman Municipal Code. § 38.06.110UNIFIED DEVELOPMENT CODE CD38:53PROOFS DATED this day of , . (Signature), Planning Director 2.Certificate of exemption.Reference to ex- clude the survey from state department of environmental quality review can also be added to this certificate, as appropriate. CERTIFICATE OF EXEMPTION (I), (We) certify that the purpose of this survey is to (state exemption), and therefore this survey is exempt from review as a subdivision pursuant to MCA 76-3-207(1) (add appropriate subsection). DATED this day of , . (Acknowledged and notarized signatures of all record owners of surveyed property) (Ord. No. 1645, § 18.12.110, 8-15-2005; Ord. No. 1693, § 3(18.12.110), 2-20-2007) ARTICLE 7. ZONING DISTRICTS AND ZONING MAP* Sec. 38.07.010. Use districts designated, zoning map adopted. A. The city is divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is adopted by this reference and declared to be a part of this chapter. B. For the purpose of this chapter, the city is divided and classified into the following use dis- tricts: R-S Residential Suburban District R-1 Residential Single-Household Low Density District R-2 Residential Two-Household Me- dium Density District R-3 ResidentialMediumDensityDis- trict R-4 Residential High Density Dis- trict 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 UMU Urban Mixed-Use District M-1 Light Manufacturing District M-2 ManufacturingandIndustrialDis- trict B-P Business Park District PLI PublicLandsandInstitutionsDis- trict NEHMU Northeast Historic Mixed-Use District NC Neighborhood Conservation Overlay District EO Entryway Corridor Overlay Dis- trict CO Casino Overlay District C. Placement of any given zoning district on an area depicted on the zoning map indicates a judg- ment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable poli- cies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a com- mitment on the part of the city to bear the cost of extending services. D. Individual zoning districts are adopted for the purposes described in section 38.01.040. A variety of districts is established to provide locations for the many uses needed within a healthy and dynamic community. Each district, in conjunction with other standards incorporated in this chapter, establishes allowable uses of property, separates incompatible uses, and sets certain standards for use of land. This *State law reference—Municipal zoning, MCA 76- 2-301 et seq. § 38.06.110 BOZEMAN MUNICIPAL CODE CD38:54PROOFS provides predictability and reasonable expectation in use of land within particular zoning designations and sites. (Ord. No. 1645, § 18.14.010, 8-15-2005; Ord. No. 1681, § 1, 6-4-2007; Ord. No. 1769, exh. D(18.14.010), 12-28-2009) Sec. 38.07.020. Official map availability, certifi- cation and authority; changes. A. The official maps shall be available in the planning department and shall bear a certificate with the signature of the mayor attested by the city clerk and the date of adoption of the ordinance codified in this chapter. B. This certificate should read as follows: This is to certify that this is an Official Zoning Map referred to in section of Ordinance No. of the City of Bozeman, Montana. Mayor Attested Date of Adoption C. Regardless of the existence of purported cop- ies of the official zoning maps, which may from time to time be made or published, the official zoning maps kept in the planning department shall be the final authority as to the current zoning status of land and water areas, buildings and other struc- tures in the city. (Ord. No. 1645, § 18.14.020, 8-15-2005; Ord. No. 1769, exh. D(18.14.020), 12-28-2009) Sec. 38.07.030. Official map replacement condi- tions. A. In the event that the official zoning maps become damaged, destroyed, lost or difficult to interpret because of the nature or number of changes or additions thereto, the city commission may adopt and certify new official zoning maps which shall supersede the prior official zoning maps. The new official zoning maps may correct drafting or other errors or omissions in the prior map, but no such corrections shall have the effect of amending the original official zoning maps or any subsequent amendment thereof. B. If any changes to the map are made by amendment of this chapter in accordance with article 37 of this chapter, such changes shall be made to the official zoning maps and signed, dated and certified upon the map or upon the material attached thereto. C. The new official zoning maps shall be iden- tified by signature of the mayor attested by the city clerk. The certificate should read as follows: This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted as part of Ordinance No. of the City of Bozeman, Montana. Mayor Attested Date of Adoption (Ord. No. 1645, § 18.14.030, 8-15-2005; Ord. No. 1769, exh. D(18.14.030), 12-28-2009) Sec. 38.07.040. Boundary interpretation guide- lines. A. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the boundaries shall be interpreted as following the nearest logical line to that shown: 1. Boundaries indicated as approximately fol- lowing the centerline of streets, highways or alleys shall be construed to follow such centerlines; 2. Boundaries indicated as approximately fol- lowing platted lot lines shall be construed as following such lot lines; 3. Boundaries indicated as approximately fol- lowing city limits shall be construed as following such city limits; § 38.07.040UNIFIED DEVELOPMENT CODE CD38:55PROOFS 4. Boundaries indicated as following railroad lines shall be construed to be midway between the main track; 5. Boundaries indicated as following the centerlineofstreams,rivers,canalsorditches shall be construed to follow such centerlines; and 6. Boundaries indicated as parallel to or ex- tensions of features indicated on the official zoning map shall be determined by the scale of the map. B. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or where other circum- stances or controversy arise over district boundar- ies, the planning director shall interpret the district boundary. Such interpretation is subject to appeal to the city commission. C. Where district boundaries divide a lot or parcel into two or more districts, the entire lot or parcel shall be deemed to have only the character- istics and uses of the most restrictive district that any part of the lot or parcel rests within. However, for properties which lie partially within a specified overlay district, the planning director may deter- mine that overlay district regulations shall apply only to that portion of the property lying within the specified overlay district. The criteria for making such a determination shall include an evaluation of site topography and the degree to which the devel- opment portion of the property lying outside of the overlay district is integrated with the development lying within the district. (Ord. No. 1645, § 18.14.040, 8-15-2005; Ord. No. 1769, exh. D(18.14.040), 12-28-2009) Sec. 38.07.050. Classification of particular uses; planning director and city com- mission authority. A. The planning director shall determine the appropriate classification of a particular use. In making this determination, the planning director shall find: 1. That the use is the same as one or more uses permitted in the district wherein it is pro- posed to be located; or 2. That the use is so similar to one or more uses permitted in the district wherein it is proposed to be located as to be interpreted as the same, so long as: a. The use and its operation are compat- ible with the uses permitted in the district wherein the use is proposed to be located; b. The use will not cause substantial injury to values of property in the neighborhood or district wherein it is proposed to be located; and c. Neither the intent of this chapter nor the intent of the district will be abro- gated by such classification. Persons objecting to decision of the planning direc- tor regarding a classification of a use carry the burden of proof to establish error in the decision. B. If a question arises concerning the appropri- ate classification of a particular use, the planning director may submit the question to the city com- mission to determine whether the particular use is the same or so similar as to be interpreted the same as a listed permitted or conditional use. In making such a determination, the city commission shall find that the criteria set forth in either subsection A.1 or 2 of this section are met. C. If a specific use is not listed and cannot be interpreted to be the same, or so similar so as to be interpreted the same, as a listed accessory, principal or conditional use, the use shall not be allowed. However, an amendment to the text of this chapter may be submitted for review and approval pursuant to the requirements of this chapter to allow such use as a listed principal, conditional or accessory use. (Ord. No. 1645, § 18.14.050, 8-15-2005; Ord. No. 1769, exh. D(18.14.050), 12-28-2009) Sec. 38.07.060. Zoning of annexed territory. A. All territory which may hereafter be annexed to the city shall, in conjunction with the annexation, be the subject of a zone map amendment in order to be designed and assigned to a city zoning district. § 38.07.040 BOZEMAN MUNICIPAL CODE CD38:56PROOFS B. Areas of annexed public right-of-way shall be considered to be zoned according to the provisions of section 38.07.040.A. The city commission shall determine the appropriate zoning for any and all areas to be annexed to the city but shall request a recommendation from the zoning commission and shall take into consideration the city growth policy. Any ordinance adopting such zoning amendment shall not be effective prior to the effective date of such annexation. (Ord. No. 1645, § 18.14.060, 8-15-2005; Ord. No. 1769, exh. D(18.14.060), 12-28-2009) ARTICLE 8. RESIDENTIAL ZONING DISTRICTS Sec. 38.08.010. Intent and purpose. A. The intent and purpose of the residential zoning districts is to establish areas within the city that are primarily residential in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one residential district is to provide opportunities for a variety of housing types and arrangements within the community while providing a basic level of predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional require- ments for development apply within overlay dis- tricts.Alldevelopmentissubjecttosection38.01.050. Residential density is correlated with many com- munity goals and objectives that are contained in the city's adopted growth policy, as well as many standards and purposes of this chapter. Section 38.08.090 sets standards for minimum densities in residential districts which will advance these goals, objectives, and purposes. 1. The intent and purpose of the R-S residen- tial suburban district is to allow open space, resource protection and primarily single- household development in circumstances where environmental constraints limit the desirable density. All new subdivision and site plan developments in this district shall be subject to the provisions of article 20 of this chapter, pertaining to planned unit development, and shall be developed in compliance with the adopted city growth policy. 2. The intent of the R-1 residential single- household low density district is to provide for primarily single-household residential development and related uses within the city at urban densities, and to provide for such community facilities and services as will serve the area's residents while respect- ing the residential character and quality of the area. 3. The intent of the R-2 residential two- household medium density district is to provide for one- and two-household resi- dentialdevelopmentaturbandensitieswithin the city in areas that present few or no development constraints, and for commu- nity facilities to serve such development while respecting the residential quality and nature of the area. 4. The intent of the R-3 residential medium density district is to provide for the devel- opment of one- to five-household residen- tial structures near service facilities within the city. It should provide for a variety of housing types to serve the varied needs of households of different size, age and char- acter, while reducing the adverse effect of nonresidential uses. 5. The intent of the R-4 residential high den- sity district is to provide for high-density residential development through a variety of housing types within the city with asso- ciated service functions. This will provide for a variety of compatible housing types to serve the varying needs of the community's residents. Although some office use is per- mitted, it shall remain as a secondary use to residential development. Secondary status shall be as measured by percentage of total building area. § 38.08.010UNIFIED DEVELOPMENT CODE CD38:57PROOFS 6. The intent of the R-O residential-office district is to provide for and encourage the development of multihousehold and apart- ment development and compatible profes- sional offices and businesses that would blend well with adjacent land uses. The primary use of a lot, as measured by build- ing area, permitted in the R-O district is determined by the underlying growth pol- icy land use designation. Where the district lies over a residential growth policy desig- nation the primary use shall be non-office uses; where the district lies over a nonres- idential designation the primary use shall be office and other nonresidential uses. Primary use shall be measured by percent- age of building floor area. 7. The intent of the RMH residential manu- factured home community district is to provide for manufactured home community development and directly related comple- mentary uses within the city at a density and character compatible with adjacent de- velopment. The district is intended to be residential in character and consistent with the standards for other forms of residential development permitted by this chapter. (Ord. No. 1645, § 18.16.010, 8-15-2005; Ord. No. 1693, § 4(18.16.010), 2-20-2007; Ord. No. 1709, § 2(18.16.010), 7-16-2007; Ord. No. 1761, exh. A(18.16.010), 7-6-2009; Ord. No. 1769, exh. E(18.16.010), 12-28-2009) Sec. 38.08.020. Authorized uses. A. Uses in the various residential districts are depicted in Table 38.08.020 in subsection B of this section. 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 with the district are indicated by a "-." B. Additional uses for telecommunication uses are contained in article 29 of this chapter. ________________________________________________________________________________________ Table 38.08.020 Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-O RMH Accessory dwelling units8, 9 C C P P P P — Agricultural uses on 2.5 acres or more2 P — — — — — — Agricultural uses on less than 2.5 acres2 C — — — — — — Apartments/apartment building, as de- fined in article 42 of this chapter — — — — P P — Assisted living/elderly care facilities — — — C C P — Bed and breakfast C C C C P P — Commercial stable C — — — — — — Community centers C C C C C P C Community residential facilities (with more than four residents)C C C P P P C Cooperative housing C C C P P P C Day care centers C C C P P P C Essential services (Type I) P P P P P P P Essential services (Type II) C — — — — — C Extended stay lodgings C C C P P P — Family day care home P P P P P P P Fences A A A A A A A § 38.08.010 BOZEMAN MUNICIPAL CODE CD38:58PROOFS Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-O RMH Fraternity and sorority houses — — — C P P — Golf courses C C C — — — C Greenhouses A A A A A A — Group day care home P P P P P P P Guesthouses A A A A A A — Home-based businesses5 A/C A/C A/C A/C A/C A/C A/C Lodginghouses — — — C P P — Offices — — — — C3 P — Other buildings and structures typically accessory to authorized uses A A A A A A A Private garages A A A A A A A Private or jointly owned recreational facilities A A A A A A A Private stormwater control facilities A A A A A A A Private vehicle and boat storage A A A A A A A/C4 Public and private parks P P P P P P P Manufactured homes on permanent foundations1 P P P P P P P Manufactured home communities — — — — — — P Medical offices, clinics, and centers — — — — C P — Recreational vehicle parks C — — — — — P Signs, subject to article 28 of this chap- ter A A A A A A A Single-household dwelling P P P P P P P Temporary buildings and yards inciden- tal to construction work A A A A A A A Temporary sales and office buildings A A A A A A A Three- or four-household dwelling — — — P P P — Two-household dwelling — — P P P P — Townhouses (two attached units) P7 P7 P P P P P7 Townhouses (five attached units or less) — — — P6 P P — Townhouses (more than five attached units)— — — — P P — Tool sheds for storage of domestic sup- plies A A A A A A A Uses approved as part of a PUD per article 20 of this chapter C C C C C C C Veterinary uses C — — — — — — Notes: 1Manufactured homes are subject to the standards of section 38.22.130. 2Agricultural uses include barns and animal shelters, and the keeping of animals and fowl, together with their dependent young, as hereinafter set forth per 2.5 acres: one horse or one cow; two sheep or two goats; ten § 38.08.020UNIFIED DEVELOPMENT CODE CD38:59PROOFS rabbits; 36 fowl (chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese, turkeys, etc.). For larger parcels the planning director may determine that a larger number of livestock is consistent with the requirements of this section. 3Only when in conjunction with dwellings. 4Storage for more than three recreational vehicles or boats. 5Home-based businesses are subject to the terms and thresholds of section 38.22.110. 6In the R-3 district, townhouse groups shall not exceed 120 feet in total width 7In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of chapter 10, article 8, Affordable Housing. May only be utilized in developments subject to chapter 10, article 8. 8Not permitted on reduced size lots for work force housing as described in chapter 10, article 8. 9Accessory dwelling units in the RS and R1 districts shall be permitted to be placed above garages only in subdivisions receiving preliminary plat approval after January 1, 1997. (Ord. No. 1645, § 18.16.020, 8-15-2005; Ord. No. 1693, § 4(18.16.020), 2-20-2007; Ord. No. 1709, § 2(18.16.020), 7-16-2007; Ord. No. 1761, exh. A (18.16.020), 7-6-2009; Ord. No. 1769, exh. E(18.16.020), 12-28-2009) ______________________________________________________________________________________ Sec. 38.08.030. Lot coverage and floor area. A. Maximum lot coverage by principal and ac- cessory buildings shall be: 1. For newly created lots in the R-S district, determined through the PUD review proce- dures set forth in article 20 of this chapter, in compliance with the adopted city growth policy. a. For existing lots in the R-S district, not more than 25 percent of the lot area shall be covered by principal and accessory buildings. 2. Not more than 40 percent of the lot area in the R-1, R-2, R-3 and RMH districts. 3. Not more than 50 percent in the R-4 dis- trict. 4. Not more than 40 percent for residential uses or 60 percent for nonresidential or mixed uses in the R-O district. 5. In all residential zoning districts for those lots used to satisfy the requirements of chapter 10, article 8, not more than 60 percent of the lot area shall be covered by principal and accessory buildings. When a larger lot has a portion of its total dwellings subject to the requirements of chapter 10, article 8, either directly or inherited from a previous subdivision, the portion used for those dwellings may have up to 60 percent of the lot area covered by principal and accessory buildings. B. Minimum floor area requirements for each dwelling in all districts shall be that area required by the city's adopted International Building Code. C. The total floor area of the dwelling built on a lot which was subject to the provisions of Ordi- nance 1604 (Exhibit A) (Code 1982, § 18.42.180), (excluding area used for a garage) shall not exceed a floor area ratio of 1:3.3. For example, if the lot is 5,000 square feet the square footage of the house can not exceed 1,515, or a ratio of one square foot of floor area for each 3.3 square feet of lot area. (Ord. No. 1645, § 18.16.030, 8-15-2005; Ord. No. 1693, § 4(18.16.030), 2-20-2007 Ord. No. 1709, § 38.08.020 BOZEMAN MUNICIPAL CODE CD38:60PROOFS § 2(18.16.030), 7-16-2007; Ord. No. 1761, exh. A (18.16.030), 7-6-2009; Ord. No. 1769, exh. E(18.16.030), 12-28-2009) Sec. 38.08.040. Lot area and width. A. All lots shall have a minimum area as set forth in Table 38.08.040-1 below and are cumula- tive. These minimums assume a lack of develop- ment constraints. Each lot must have a usable lot area of at least 50 percent of the total minimum lot area: ________________________________________________________________________________________ Table 38.08.040-1 Lot Area Table Minimum Lot Area in Square Feet1 R-S R-1 R-2 R-3 R-4 R-O RMH Single-household dwelling See subsec- tion C of this section 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001 Single-household dwelling (only for dwellings to satisfy minimum require- ments of chapter 10, article 8)7 2,7008 2,7008 2,7008 2,7008 2,7008 2,7008 2,7008 Two-household dwelling - - 6,000 6,000 6,000 6,000 - Two-household dwelling (only for dwellings to satisfy minimum require- ments of chapter 10, article 8)7 - - 2,500 2,500 2,500 2,500 - Lot area per dwelling in three- or four- household dwelling configurations - - - 3,000 3,000 3,000 - Lot area per dwelling in three- or four- household dwelling configurations (only for dwellings to satisfy minimum re- quirements of chapter 10, article 8)7 - - - 2,500 2,500 2,500 - Townhouses - - 3,0006 3,0002 3,0002 3,0002 - Townhouses (only for dwellings to sat- isfy minimum requirements of chapter 10, article 8)7 2,500 2,500 2,500 2,500 2,500 2,500 2,500 Apartments - first dwelling - - - - 5,000 5,000 - Apartments - each dwelling after the first - - - - 1,200 1,200 - Apartments - each dwelling after the first (only for dwellings to satisfy mini- mum requirements of chapter 10, article 8)7 - - - - 900 900 - Additional area required for an acces- sory dwelling unit3 1,0004 1,000 1,0005 1,0005 1,0005 1,0005 - § 38.08.040UNIFIED DEVELOPMENT CODE CD38:61PROOFS Minimum Lot Area in Square Feet1 R-S R-1 R-2 R-3 R-4 R-O RMH All other uses 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001 Notes: 1In order to comply with the standards contained in this chapter, lot area in excess of the required minimum may be needed; for example for corner lots, parking, landscaping or large residential structures, and may be necessary for property adjacent to watercourses, ridgelines, or other environmental features in order to provide an appropriate buildable area on the lot. 2For townhouse clusters the minimum average lot area per dwelling in an individual structure shall be 3,000 square feet. 3As defined in article 42 of this chapter and subject to the requirements of article 22 of this chapter. 4Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet. 5Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to accessory buildings. Lot area and width shall be provided as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to section 38.22.030. 6Per townhouse lot. 7May only be utilized in developments subject to chapter 10, article 8. 8A larger lot size may be required to comply with the requirements of section 10.08.060, Table 10.08.060, Mix and Price of Dwelling Units ______________________________________________________________________________________ B. All lots shall have a minimum width as set forth in Table 38.08.040-2. These minimums as- sume a lack of development constraints. ________________________________________________________________________________________ Table 38.08.040-2 Lot Width Table Minimum Lot Width in Feet R-S R-1 R-2 R-3 R-4 R-O RMH Single-household dwelling See subsec- tion C of this section 50 50 50 50 50 50 Single-household dwelling (only for dwellings to satisfy requirements of chapter 10, article 8) See subsec- tion C of this section 30 30 30 30 30 30 § 38.08.040 BOZEMAN MUNICIPAL CODE CD38:62PROOFS Minimum Lot Width in Feet R-S R-1 R-2 R-3 R-4 R-O RMH Two household dwelling - - 60 60 50 50 - Accessory dwelling unit1 50 50 60 60 60 60 - Dwellings in three- or four-household dwelling configurations - - - 60 60 60 - Townhouses 30 30 30 Width of inte- rior units Width of inte- rior units Width of inte- rior units - All other uses See subsec- tion C of this section 50 50 50 50 50 50 Notes: 1 Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to accessory buildings. Lot area and width shall be provided as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to section 38.22.030. ______________________________________________________________________________________ C. Lot area and width for R-S residential subur- ban lots. 1. Lot area and width for newly created lots in R-S districts shall be determined through the PUD review procedures set forth in article 20 of this chapter and in compliance with the adopted city growth policy. Unless otherwise approved through the planned unit development process, the average lot size shall be one acre. 2. Existing lots in the R-S district not utilizing a community water and/or sewer system shall be considered nonconforming lots if less than one acre in area and/or 100 feet in width and subject to article 35 of this chapter. Existing lots in the R-S district utilizing a community water and/or sewer system shall be considered nonconforming lots if less than one-half acre in area and/or 100 feet in width and subject to article 32 of this chapter. D. Lot area and width may be reduced to allow a density bonus through the PUD process. Amount of a bonus, methodology for calculating the bonus, and standards for allowing a bonus are described in section 38.20.090.E.2.b(6). (Ord. No. 1645, § 18.16.040, 8-15-2005; Ord. No. 1693, § 4(18.16.040), 2-20-2007; Ord. No. 1709, § 2(18.16.040), 7-16-2007; Ord. No. 1761, exh. A (18.16.040), 7-6-2009; Ord. No. 1769, exh. E(18.16.040), 12-28-2009) Sec. 38.08.050. Yards. A. Minimum yards required for the R-1, R-2, R-3, R-4, R-O and RMH districts are: 1. Front yard: a. Adjacent to arterial streets as desig- nated in the city growth policy, 25 feet b. Adjacent to collector streets as desig- nated in the city growth policy, 20 feet c. Adjacent to local streets, 15 feet § 38.08.050UNIFIED DEVELOPMENT CODE CD38:63PROOFS 2. Rear yard: 20 feet a. Adjacent to arterial streets as desig- nated in the city growth policy, 25 feet 3. Side yard: five feet; or zero feet for interior walls of townhouses. 4. All vehicle entrances, oriented to the street, into garages shall be no closer than 20 feet to a property line, unless explicitly autho- rized otherwise under this chapter. B. Minimum yards required for the R-S district are: 1. For lots created in the R-S district prior to the effective date of the ordinance from which this section is derived: a. Front yard - 35 feet b. Rear yard - 25 feet c. Side yard - 25 feet 2. Minimum yard requirements for newly cre- ated R-S lots shall be determined through the PUD review process. 3. All pens, coops, barns, stables or permanent corrals shall be set back not less than 100 feet from any residence or public road and not less than 50 feet from any property line. C. When a lot has one or more principal build- ings which are oriented to place the functional rear of a building adjacent to a side lot line a setback from the property line equal to that for a rear yard shall be provided. D. All yards are subject to the provisions of sections 38.16.060, 38.21.060, 38.23.100, 38.24.100 and 38.26.100. (Ord. No. 1645, § 18.16.050, 8-15-2005; Ord. No. 1693, § 4(18.16.050), 2-20-2007; Ord. No. 1709, § 2(18.16.050), 7-16-2007; Ord. No. 1761, exh. A (18.16.050), 7-6-2009; Ord. No. 1769, exh. E(18.16.050), 12-28-2009) Sec. 38.08.060. Building height. Maximum building height for each residential district shall be as follows: ________________________________________________________________________________________ Table 38.08.060 Residential Building Height Table Roof Pitch in Feet Maximum Building Height in Feet R-S R-1 R-2 R-3 R-4 R-O RMH Less than 3:12 24 24 24 32 34 34 24 3:12 or greater but less than 6:12 30 28 28 38 38 38 28 6:12 or greater but less than 9:12 34 32 32 40 42 42 32 Equal to or greater than 9:12 38 36 36 42 44 44 36 (Ord. No. 1645, § 18.16.060, 8-15-2005; Ord. No. 1693, § 4(18.16.060), 2-20-2007; Ord. No. 1709, § 2(18.16.060), 7-16-2007; Ord. No. 1761, exh. A (18.16.060), 7-6-2009; Ord. No. 1769, exh. E(18.16.060), 12-28-2009) ______________________________________________________________________________________ § 38.08.050 BOZEMAN MUNICIPAL CODE CD38:64PROOFS Sec. 38.08.070. Residential garages. A. Attached residential garages shall not ob- scure the entrance to the dwelling.Attached garages are required to be clearly subordinate to the dwell- ing. A subordinate garage has two or more of the following characteristics: 1. The principal facade of the dwelling has been emphasized through the use of archi- tectural features such as, but not limited to, porches, fenestration treatment, architec- tural details, height, orientation or gables, so that the non-garage portion of the resi- dence is visually dominant; 2. The facade with the garage vehicle entrance is recessed at least four feet behind the facade of the dwelling containing the main entry; and/or 3. The area of the garage vehicle door com- prises 30 percent or less of the total square footage, exclusive of any exposed roof areas, of the principal facade of the dwell- ing. Principal facade shall include all wall areas parallel to the garage door. B. Alternative means of addressing the intent of this section will be considered. Detached garages are encouraged when they are compatible with the existing neighborhood development pattern. Vehic- ular garage access on nonprincipal facades and/or alleys is also encouraged. (Ord. No. 1645, § 18.16.070, 8-15-2005; Ord. No. 1693, § 4(18.16.070), 2-20-2007; Ord. No. 1709, § 2(18.16.070), 7-16-2007; Ord. No. 1761, exh. A (18.16.070), 7-6-2009; Ord. No. 1769, exh. E(18.16.070), 12-28-2009) Sec. 38.08.080. Additional RMH district perfor- mance standards. A. Development of any parcel of land within the RMH district shall be subject to all applicable requirements of articles 22, Standards for Specific Uses, and r23, Development Standards of this chapter, including, but not limited to, fences, park- ing, signs, landscaping and home occupations. In addition, manufactured home communities will be subject to the following general requirements: 1.Minimum area for manufactured home com- munity district. a. The minimum total RMH district area shall be no less than ten acres unless the applicant can show that the mini- mum area requirements should be waived because the waiver would be in the public interest and that one or both of the following conditions exist: (1) Unusual physical features of the property itself or of the surround- ing area such that development under the standard provisions of this chapter would not be appro- priate in order to conserve a physical or terrain feature of im- portance to the neighborhood or community; or (2) The property is adjacent to or across the street from property which has been developed under the provisions of this section and will contribute to the amenities of the area. b. Waiver of the ten-acre minimum may only be granted by the city commis- sion. (Ord. No. 1645, § 18.16.080, 8-15-2005; Ord. No. 1693, § 4(18.16.080), 2-20-2007; Ord. No. 1709, § 2(18.16.080), 7-16-2007; Ord. No. 1761, exh. A (18.16.080), 7-6-2009; Ord. No. 1769, exh. E(18.16.080), 12-28-2009) Sec. 38.08.090. Minimum density. A. New residential development shall provide a minimum net density. A minimum is required to support efficiency in use of land and provision of municipal services, and to advance the purposes and § 38.08.090UNIFIED DEVELOPMENT CODE CD38:65PROOFS goals of this chapter and the adopted growth policy. Density may be achieved by averaging lot sizes over an entire development. 1. Minimum densities are: a. R-S — None b. R-1, R-2, R-3, RMH — five dwell- ings per net acre c. R-4 — eight dwellings per net acre d. R-O — six dwellings per net acre when residences are the primary use of the land. (Ord. No. 1769, exh. E(18.16.090), 12-28-2009) ARTICLE 9. RESIDENTIAL EMPHASIS MIXED USE (RESERVED) ARTICLE 10. COMMERCIAL ZONING DISTRICTS Sec. 38.10.010. Intent and purpose. A. The intent and purposes of the commercial zoning districts are to establish areas within the city that are primarily commercial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one commercial district is to provide opportunities for a variety of employment and community service opportunities within the community, while provid- ing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other both within the individ- ual districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satis- fied. Additional requirements for development ap- ply within overlay districts. 1. The intent of the B-1 neighborhood busi- ness district is to provide for smaller scale retail and service activities frequently re- quired by neighborhood residents on a day to day basis, as well as residential develop- ment as a secondary purpose, while still maintaining compatibility with adjacent res- idential land uses. Development Scale and pedestrian orientation are important ele- ments of this district. 2. The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service func- tions located in clustered areas bordered on one or more sides by limited access arterial streets. 3. The intent of the B-3 central business district is to provide a central area for the community's business, government service and cultural activities. Uses within this district should be appropriate to such a focal center with inappropriate uses being excluded. Room should be provided in appropriate areas for logical and planned expansion of the present district. a. It is the intent of this district to en- courage high volume, pedestrian- oriented uses in ground floor space in the "core area" of the city's central business district, i.e., along Main Street from Grand to Rouse and to the alleys one-half block north and south from Main Street. Lower volume pedes- trian uses such as professional offices may locate on ground floor space in the B-3 area outside the above-de- fined core. (Ord. No. 1645, § 18.18.010, 8-15-2005; Ord. No. 1693, § 5(18.18.010), 2-20-2007; Ord. No. 1709, § 3(18.18.010), 7-16-2007; Ord. No. 1761, exh. B(18.18.010), 7-6-2009) Sec. 38.10.020. Authorized uses. A. Uses in the various commercial districts are depicted in Table 38.10.020 below. Principal uses are indicated with a "P," conditional uses are indi- cated with a "C," accessory uses are indicated with an "A," and uses which are not permitted within the district are indicated by a "-." A particular proposed development or use may fall under more than one § 38.08.090 BOZEMAN MUNICIPAL CODE CD38:66PROOFS listed category with different review processes. In such cases, the more stringent review process shall apply. B. The uses listed are deliberately broad and some are given special definitions in article 42 of this chapter. 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 article 22 of this chapter. C. Additional uses for telecommunications are established in article 29 of this chapter. ________________________________________________________________________________________ Table 38.10.020 Table of Commercial Uses Authorized Uses B-1 B-2 B-3 Ambulance service — P P Apartments and apartment buildings6, as defined in this chapter P P1/C P3 Arts and entertainment center, as defined in this chapter P P P Assisted living/elderly care facilities — C — Automobile fuel sales or repair, as defined in this chapter C C C Automobile parking lot or garage (public or private)P P P Automobile washing establishment C P C Banks and other financial institutions P P P Business, technical or vocational school — C P3 Bus terminals — C C Community centers P P P3 Convenience uses C P C Convenience use restaurant P P P Day care centers P P P Essential services (Type I)P P P Essential services (Type II)— P P Extended-stay lodgings — P P Food processing facilities — C — Frozen food storage and locker rental — P — Health and exercise establishments P1/C P P Hospitals — P C Hotel or motel — P P Laboratories, research and diagnostic — P P3 Laundry, dry cleaning — C C Light goods repair, as defined in this chapter — C A Lodginghouses — C C3 Manufacturing, light and completely indoors — C — Mortuary — C C Museum — C C Medical and dental clinics P1/C P P Meeting hall — P P Offices, as defined in this chapter P1/C P P3 § 38.10.020UNIFIED DEVELOPMENT CODE CD38:67PROOFS Table of Commercial Uses Authorized Uses B-1 B-2 B-3 Other buildings and structures typically accessory to permitted uses A A A Parking facilities P P P3 Personal and convenience services, as defined in this chapter P P P Pet grooming shop P P P Printing offices and publishing establishments — — C Private club, fraternity, sorority or lodge — P P Public buildings P P P Refuse and recycling containers A A A Research laboratories — P P Restaurants P5 P P Retail uses, as defined in this chapter P2 P2 P2 Retail, large scale — P — Sales of alcohol for on-premises consumption7, C C C Sign paint shops (not including neon sign fabrication)— P C Upholstery shops (excluding on site upholstery service for cars, boats, trailers, trucks and other motorized vehicles requiring overnight storage) — P P3 Veterinary clinic — C — Wholesale distributors with on-premises retail outlets, provid- ing warehousing is limited to commodities which are sold on the premises — C — Wholesale establishments that use samples, but do not stock on premises — P P Any use, except adult businesses and casinos approved as part of a planned unit development subject to the provisions of arti- cle 20 of this chapter C C C Notes: 1When located on the second or subsequent floor, or basement as defined in article 42 of this chapter. 2Excluding adult businesses, and large scale retail, as they are defined in article 42 of this chapter. 3Except on ground floor in the core area as defined in this article. 4Private arts instruction shall only be on the second or subsequent floor in the core area as defined in this article. 5Exclusive of drive-ins. 6May be subject to the provisions of chapter 10, article 8. 7Also subject to chapter 4, article 2. (Ord. No. 1645, § 18.18.020, 8-15-2005; Ord. No. 1693, § 5(18.18.020), 2-20-2007; Ord. No. 1709, § 3(18.18.020), 7-16-2007; Ord. No. 1761, exh. B(18.18.020), 7-6-2009) ______________________________________________________________________________________ § 38.10.020 BOZEMAN MUNICIPAL CODE CD38:68PROOFS Sec. 38.10.030. Lot coverage and floor area. A. In the B-1, B-2 and B-3 districts, the entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings. This chapter provides opportunities for parking requirements to be met by shared and off-site parking as allowed by article 25 of this chapter. B. In the B-1 district, the footprint of individual buildings shall not exceed 5,000 square feet. C. Minimum floor area requirements for each dwelling in all districts shall be that area required by the city's adopted International Building Code. (Ord. No. 1645, § 18.18.030, 8-15-2005; Ord. No. 1693, § 5(18.18.030), 2-20-2007; Ord. No. 1709, § 3(18.18.030), 7-16-2007; Ord. No. 1761, exh. B(18.18.030), 7-6-2009) Sec. 38.10.040. Lot area and width. A. All newly created lots shall have a minimum area adequate to provide for required yards and parking but in no case shall they be less than: 1. B-1: 5,000 square feet. 2. B-2: No minimum size. 3. B-3: No minimum size. B. Lot width for all newly created lots shall not be less than: 1. B-1: 50 feet. 2. B-2: 100 feet, except in conservation over- lay district shall have no minimum width. 3. B-3: No minimum width. (Ord. No. 1645, § 18.18.040, 8-15-2005; Ord. No. 1693, § 5(18.18.040), 2-20-2007; Ord. No. 1709, § 3(18.18.040), 7-16-2007; Ord. No. 1761, exh. B(18.18.040), 7-6-2009) Sec. 38.10.050. Yards. A. Minimum yards required for the B-1 and B-2 districts are: 1. Buildings: a. Front yard: seven feet, except along arterials where minimum is 25 feet. b. Rear yard: ten feet. c. Side yards: five feet (except zero lot lines as allowed by section 38.21.060). 2. Parking and loading areas: a. Front yard: 25 feet. b. Rear yard; ten feet.1 c. Side yards: eight feet.1 1Side and rear yards for parking may be allowed to be zero feet when coordinatedparkingarrangements between adjacent properties is provided. 3. The purpose of differentiated yard setback requirements is to encourage the placement and development of buildings in a manner to address the street and adjacent pedestrian activity and encourage a vigorous and di- verse streetscape. 4. All vehicle entrances into garages shall be no closer than 20 feet to a property line, unless explicitly authorized otherwise un- der this chapter. 5. Rear and side yards adjacent to alleys shall be at least five feet. B. Minimum yards required for the B-3 district are: 1. No minimum yards prescribed for the B-3 district except a seven-foot front yard shall be required on Mendenhall and Babcock Streets. 2. Where at least 50 percent of a block (from cross-street to cross-street) in the B-3 dis- trict is presently used for residential pur- poses the minimum yards established in subsection A of this section shall be re- quired. 3. Rear and side yards adjacent to alleys shall be at least five feet. § 38.10.050UNIFIED DEVELOPMENT CODE CD38:69PROOFS C. All yards shall be subject to the provisions of sections 38.16.060, 38.20.060, 38.22.100, 38.23.100, and 38.25.100, when applicable. (Ord. No. 1645, § 18.18.050, 8-15-2005; Ord. No. 1693, § 5(18.18.050), 2-20-2007; Ord. No. 1709, § 3(18.18.050), 7-16-2007; Ord. No. 1761, exh. B(18.18.050), 7-6-2009) Sec. 38.10.060. Building height. A. Maximum building height for each commer- cial district shall be as follows: 1. In the B-1 district: a. Roof pitch less than 3:12: 34 feet. b. Roof pitch 3:12 or greater: 38 feet. 2. In the B-2 district: a. Roof pitch less than 3:12: 38 feet. b. Roof pitch 3:12 or greater: 44 feet. c. Maximum height allowed by subsec- tions 2.a and b of this section may be increased by up to a maximum of 50 percent when the B-2 zoning district is implementing a regional commer- cial and services growth policy land use designation. d. Maximum height otherwise cumula- tively allowed by this section may be increased by 30 percent through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. 3. In the B-3 district: a. In the B-3 district core area: 55 feet. b. In the B-3 district outside of the core area: 70 feet. 4. In all districts, all commercial floor space provided on the ground floor of a building shall have a minimum floor-to-ceiling height of 12 feet. (Ord. No. 1645, § 18.18.060, 8-15-2005; Ord. No. 1693, § 5(18.18.060), 2-20-2007; Ord. No. 1709, § 3(18.18.060), 7-16-2007; Ord. No. 1761, exh. B(18.18.060), 7-6-2009) ARTICLE 11. URBAN MIXED-USE ZONING DISTRICT Sec. 38.11.010. Intent and purpose. A. The intent and purposes of the urban mixed- use ("UMU") district is to establish areas within the city that are mixed-use in character, and to set forth certain minimum standards for development within those areas which encourage vertical mixed-use development with high density. The purpose in having an urban mixed-use district is to provide options for a variety of employment, retail and community service opportunities within the com- munity, with incorporated opportunity for some residential uses, while providing predictability to landowners and residents in uses and standards. There is a rebuttable presumption that the uses set forth for each district will be compatible both within the individual districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. 1. It is the further the intent of this district to: a. Allow a mixture of complementary land uses which encourages mixed uses on individual floors including, but not limited to, retail, offices, com- mercial services, restaurants, bars, ho- tels, recreation and civic uses, and housing, to create economic and so- cial vitality and to encourage the link- ing of trips; b. Foster the development of vertically oriented mixed uses, in contrast to single use development distributed along high vehicle capacity roadways; c. Encourage development that exhibits the physical design characteristics of vibrant, urban, pedestrian-oriented, storefront-style shopping streets with pedestrian amenities; § 38.10.050 BOZEMAN MUNICIPAL CODE CD38:70PROOFS d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; e. Provide flexibility in the siting and design of new developments and re- development to anticipate changes in the marketplace; f. Reinforce the principle of streets as public places that encourage pedes- trian and bicycle travel, and on-street parking; g. Provide roadway and pedestrian con- nections to residential areas; h. Provide transitions between high- traffic streets and adjacent residential neighborhoods; i. Encourage efficient land use by facil- itating compact, high-density, multi story development and minimizing the amount of land that is needed for surface parking; j. Facilitate development (land use mix, density and design) that supports pub- lic transit, where applicable; k. Provide appropriate locations and de- signstandardsforautomobileandtruck- dependent uses; l. Maintain mobility along traffic corri- dors while supporting the creation of "places" or centers which will create lasting and enduring, long-term value to the community; m. Emphasize the need to serve the adja- cent, local neighborhood and also the greater city area as well; n. Minimize parking lots through shared uses of mixed uses; o. Create central urban gathering places such as community squares or plazas; p. Facilitate designs of each mixed use to help ensure long-term financial vi- ability of each mixed use; q. Allow for urban oriented recreational activities consistent with the standards and intent of the district; and r. To encourage and support the use of sustainable building practices. 2. To accomplish the intent of the district, the UMU district should ideally be located at the intersections of major traffic corridors, that is at the intersections of two arterials, or less frequently, an arterial and a collector street. The major intersections should have or be planned to have a stop light or other active traffic control. While placement at major intersections is a necessary precon- dition, not all major intersections should have the UMU district adjacent to them. Additionally,placementofthisdistrictshould be adjacent or near to dense residential development to enhance walking and bicy- cle use. (Ord. No. 1681, § 2(18.19.010), 6-4-2007; Ord. No. 1709, § 4(18.19.010), 7-16-2007) Sec. 38.11.020. Authorized uses. A. Uses in the urban mixed-use district are depicted in Table 38.11.020. 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 authorized within the district are indicated by a "-." A particular proposed development or use may fall under more than one listed category with different review processes. In such cases, the more stringent review process shall apply. B. The uses listed are deliberately broad and some are given special definitions in article 42 of this chapter. 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 article 22 of this chapter. C. Additional uses for telecommunications are established in article 29 of this chapter. § 38.11.020UNIFIED DEVELOPMENT CODE CD38:71PROOFS D. Mixed uses required and limited. 1. Development shall include a mix of uses. 2. Uses shall be grouped as commercial, in- dustrial, offices, institutional, and residen- tial. A combination of at least two different groups of uses shall be provided within each site plan. 3. No use group shall exceed 70 percent of the total gross building floor area in the entire site development. Multiple buildings may be shown on a single site plan as allowed in article 19 of this chapter. 4. The ground level gross building area shall be at least 75 percent nonresidential in use. 5. Residential uses shall be provided in all mixed-use developments, and shall occupy not less than 20 percent of the total gross building floor area of the district. 6. For the purposes of calculating the percent- age of a use within the site development the gross square foot floor area of building for each use shall be utilized. _________________________________________________________________________________ Table 38.11.020 Table of Commercial Uses Authorized Uses Ambulance service P Apartments and apartment buildings1 (as defined in this chapter)P Arts and entertainment center (as defined in this chapter)P Assisted living/elderly care facilities P Automobile fuel sales or repair (as defined in this chapter)C Automobile parking lot or garage (public or private)P Automobile washing establishment C Banks and other financial institutions P Business, technical or vocational school P Bus terminals C Community centers P Convenience uses C Convenience use restaurant P Essential services (Type II)C Extended-stay lodgings P Health and exercise establishments P Hospitals P Hotel or motel P Laboratories, research and diagnostic P Laundry, dry cleaning P Light goods repair (as defined in this chapter)P Lodginghouses P Manufacturing (light and completely indoors)P Mortuary C Museum P Medical and dental clinics P Meeting hall P Offices (as defined in this chapter)P § 38.11.020 BOZEMAN MUNICIPAL CODE CD38:72PROOFS Table of Commercial Uses Authorized Uses Other buildings & structures (typically accessory to permitted uses)A Parking facilities P Personal and convenience services (as defined in this chapter)P Pet grooming shop P Printing offices and publishing establishments C Private club, fraternity, sorority or lodge P Public buildings P Refuse and recycling containers A Research laboratories P Restaurants P Retail uses (as defined in this chapter)P* Retail (large scale)C Sales of alcohol for on-premises consumption (no gaming allowed) C Sign paint shops (not including neon sign fabrication)C Upholstery shops (excluding on-site upholstery service for cars, boats, trailers, trucks and other motorized vehicles requiring overnight storage)P Veterinary clinic P Wholesale distributors with on-premises retail outlets (providing warehousing is lim- ited to commodities which are sold on the premises)P Wholesale establishments (ones that use samples, but do not stock on premises)P Any use, except adult businesses and casinos approved as part of a planned unit de- velopment subject to the provisions of article 20 of this chapter C Notes:*Excluding adult business, and large scale retail, as they are defined in article 42 of this chapter — 1May be subject to the provisions of chapter 10, article 8. (Ord. No. 1681, § 2(18.19.020), 6-4-2007; Ord. No. 1709, § 4(18.19.020), 7-16-2007) ______________________________________________________________________________________ Sec. 38.11.030. Lot coverage and floor area. A. In the UMU district, the entire lot, exclusive of the required yards and parking, may be occupied by the principal and accessory buildings. This chapter provides opportunities for parking require- ments to be met by shared and off-site parking, as allowed by article 25 of this chapter. B. In the UMU district, the footprint of individ- ual buildings shall not exceed 45,000 square feet. C. Minimum floor area requirements for each dwelling in all districts shall be that area required by the city's adopted International Building Code. D. All development shall provide a minimum floor area ratio of not less than 0.75. "Floor area ratio" is the ratio attained by dividing the gross square feet of building by gross land area of the lot 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. (Ord. No. 1681, § 2(18.19.030), 6-4-2007; Ord. No. 1709, § 4(18.19.030), 7-16-2007) Sec. 38.11.040. Lot area and width. A. All newly created lots shall have a minimum area adequate to provide for required yards and parking. In the UMU district there is no minimum size for newly created lots. B. There is no minimum width for newly created lots within the UMU district. (Ord. No. 1681, § 2(18.19.040), 6-4-2007; Ord. No. 1709, § 4(18.19.040), 7-16-2007) § 38.11.040UNIFIED DEVELOPMENT CODE CD38:73PROOFS Sec. 38.11.050. Yards. A.Minimum yards.No minimum yards are re- quired for the mixed-use district. Easements for utilities or other special standards may require buildings to be placed back from lot lines. B.Maximum setback.Buildings shall be ori- ented to the adjacent street. At least 50 percent of the total building frontage, which is oriented to the street, shall be placed within ten feet of any minimum required separation from the property line. C.Special yard requirements.All yards shall be subject to the provisions of sections 38.17.060, Design Criteria and Development Standards in Entryway Corridors, 38.21.060, Yard and Height Encroachments, Limitations and Exceptions, 38.23.100, Watercourse Setback, 38.24.100, Street Vision Triangle, and 38.26.100, General Mainte- nance, when applicable. (Ord. No. 1681, § 2(18.19.050), 6-4-2007; Ord. No. 1709, § 4(18.19.050), 7-16-2007) Sec. 38.11.060. Building height. A. Minimum building height is three stories and 32 feet. To comply with this standard the space being claimed as a story must be capable of being occupied for human use and have a floor area of not less than 50 percent of the ground level story. B. Maximum building height, except as allowed under subsection C of this section for the UMU district shall be 55 feet. C. Maximum building height may be increased by up to but not more than an additional 25 feet when structured parking is provided per section 38.11.070.E.2, and when determined to be in com- pliance with the review criteria of section 38.19.090. (Ord. No. 1681, § 2(18.19.060), 6-4-2007; Ord. No. 1709, § 4(18.19.060), 7-16-2007) Sec. 38.11.070. Special standards. A. A UMU district is anticipated to generally be not less than 20 acres in area. The city commission may approve a lesser area of not less than ten acres upon finding that a smaller area will still provide for adequate transition between adjacent districts, pro- vide a reasonable community setting for the inten- sity of the district, and that a smaller area will not constitute spot zoning. B. The district shall be surrounded by perimeter streets unless precluded by topography. C. All development within the urban mixed-use district, regardless of location within the city, shall conform to chapters 1 through 4 of the design objectives plan established in article 17 of this chapter. In the event of a conflict between the design objectives plan and the standards of this chapter, the standards of this chapter shall govern. D. Landscaping requirements shall be the same as the portion of the B-3 district outside the defined core area as shown in section 38.26.060, Table 38.26.060-1. E. Special parking standards. 1. Maximum surface parking. a. In order to achieve the intent of the district and achieve efficiency in the use of land, surface parking provided for the sole use of an individual de- velopment shall not exceed 100 per- cent of the minimum parking require- ment for the subject land use based upon the requirements of article 25 of this chapter. The UMU district may utilize the parking reductions autho- rized in section 38.25.040.2.c.1. In determining the 100 percent require- ment all qualifying reductions shall be included. b. Exemptions to section 38.11.070.E.1.a, to allow unstructured surface parking up to 100 percent of the minimum parking requirement exclusive of re- ductions may be approved through the development review process for de- velopments that provide shared park- ing to other development, valet park- ing spaces, parking for off-site users § 38.11.050 BOZEMAN MUNICIPAL CODE CD38:74PROOFS for which an hourly or other regular rent is paid, or similarly managed parking facilities. 2. Structured parking incentive. A floor area bonus of one square foot may be granted for each square foot of area of parking providedwithinabuilding.Additionalheight of building is allowed to accommodate this additionalbuildingareapersection38.11.060. 3. Bicycle parking. Covered bicycle parking shall be provided. The covered spaces shall be at least one-half of the total minimum bicycle parking. The minimum number of covered spaces shall be the greater of either ten bicycle parking spaces or five percent of motor vehicle parking provided on-site. F. Building standards. 1. Transitions. Where the UMU district is adjacent to another zoning district, those buildings greater than three stories and located within 50 feet of another zoning district, not including width of streets, shall have a stepped facade on the side facing the other district. The portion of the facade in excess of three stories shall be stepped back not less than 25 percent of the height of the initial three stories. Where applicable, cor- nices (e.g., building tops or first-story cor- nices) shall be aligned to generally match the height of those on adjacent buildings. 2. Floor-to-floor heights and floor area of ground-floor space. a. All commercial floor space provided on the ground floor of a mixed-use building shall have a minimum floor- to-ceiling height of 12 feet. b. All commercial floor space provided on the ground floor of a mixed-use building shall contain the following minimum floor area: (1) At least 800 square feet or 25 percent of the lot area (which- ever is greater) on lots with street frontage of less than 50 feet; or (2) At least 20 percent of the lot area on lots with 50 feet of street frontage or more. 3. In the UMU district buildings shall provide transparency along at least 50 percent of the linear length of the building's facade. This may be achieved with windows, displays, building lobbies, building entrances, dis- play windows, or windows affording views into retail, office, or lobby spaces. This requirement shall apply to both frontages of a building located on a corner lot. a. The bottom edge of any window or product display window used to sat- isfy the transparency standard of this subsection F.3. may not be more than four feet above the adjacent sidewalk. b. Product display windows used to sat- isfy these requirements shall have a minimum height of four feet and be internally lighted. 4. Street-level openings on parking structures shall be limited to those necessary for retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator lobbies. Parking structures adja- cent to streets shall have architectural de- tailing such as, but not limited to, standard size masonry units such as brick, divided openings to give the appearance of win- dows, and other techniques to provide an interesting and human-scaled appearance on the story adjacent to the sidewalk. Park- ing areas may not be used to meet the frontage requirement of section 38.11.050.B. 5. Buildings shall be articulated with mod- ules, architectural detailing, individual floors visually expressed in the facade, and rhythm and pattern of openings and surfaces to be human-scale. G. Lighting. All building entrances, pathways, andotherpedestrianareasshallbelitwithpedestrian- scale lighting (e.g., wall mounted, sidewalk lamps, bollards, landscaping lighting, et cetera). Alterna- § 38.11.070UNIFIED DEVELOPMENT CODE CD38:75PROOFS tive lighting meeting the intent of the design guide- lines and other criteria of this chapter, may be approved through site development review. H. Natural surveillance. The proposed site lay- out, building, and landscape design shall promote natural surveillance of the area by employees, visitors, and residents. Physical features and activ- ities should be oriented and designed in ways that maximize the ability to see throughout the site. For example, window placement, the use of front porches or stoops, use of low or see-through walls, and appropriate use of landscaping and lighting can promote natural surveillance. Sight-obscuring shrubs and walls should be avoided, except as necessary for buffering between commercial uses and lower density residential districts, and then shall be min- imized. I. Public spaces. The UMU district is urban in nature. Public parks and recreational areas are likewise expected to be urban in nature. This will include elements such as plazas or other hardscapes, landscaping with planters, furniture, developed rec- reation facilities such as basketball and tennis courts or indoor recreation facilities, and be more concentrated in size and development than antici- pated in a less urban setting. Public spaces shall be designed to facilitate at least three distinct types of activities to encourage 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 article 27 of this chapter. 1. Public spaces shall be designed to: a. Facilitate social interaction between and within groups; b. Provide safe, pleasant, clean and con- venient sitting spaces adaptable to changing weather conditions; c. Be attractive to multiple age groups; d. Provide for multiple types of activities without conflicting; e. Support organized activities; f. Be visually distinctive and interesting; g. Interconnect with other public and private spaces; and h. Prioritize use by persons. (Ord. No. 1681, § 2(18.19.070), 6-4-2007; Ord. No. 1709, § 4(18.19.070), 7-16-2007) ARTICLE 12. INDUSTRIAL ZONING DISTRICTS Sec. 38.12.010. Intent and purpose. A. The intent and purpose of the industrial zoning districts is to establish areas within the city that are primarily industrial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one industrial district is to provide opportunities for a variety of employment and community service functions within the community while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional require- ments for development apply within overlay dis- tricts. 1. The intent of the M-1 light manufacturing district is to provide for the community's needs for wholesale trade, storage and ware- housing, trucking and transportation termi- nals, light manufacturing and similar activ- ities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development,therefore,sometypeofscreen- ing may be necessary. 2. The intent of the M-2 manufacturing and industrial district is to provide for heavy manufacturing and industrial uses, servic- ing vocational and employment needs of city residents. 3. The intent of the B-P business park district is to provide for high quality settings and facilities for the development of a variety of compatibleemploymentopportunities.These § 38.11.070 BOZEMAN MUNICIPAL CODE CD38:76PROOFS areas should be developed so as to recog- nize the impact on surrounding or adjacent development and contribute to the overall image of the community. Compatibility with adjacent land uses and zoning is re- quired. (Ord. No. 1645, § 18.20.010, 8-15-2005; Ord. No. 1693, § 6(18.20.010), 2-20-2007; Ord. No. 1709, § 5(18.20.010), 7-16-2007; Ord. No. 1761, exh. C(18.20.010), 7-6-2009) Sec. 38.12.020. Authorized uses. A. Uses in the various industrial districts are depicted in Table 38.12.020. 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 authorized within the district are indicated by a "-." A particular proposed development may fall under more than one listed category with different review processes. In such cases, the more stringent review process shall apply. B. The uses listed are deliberately broad and are defined in article 42 of this chapter. 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 article 22 of this chapter. C. Additional telecommunication uses are estab- lished in article 29 of this chapter. ________________________________________________________________________________________ Table 38.12.020 Table of Industrial Uses Permitted Uses BP M-1 M-2 Adult business1 — P1 P1 Agriculture — — P Ambulance service — P P Amusement and recreational facilities — P C Animal shelters — C C Automobile, boat or recreational vehicle sales, service and/or rental — P P Automobile fuel sale or repair, as defined in this chapter — P P Automobile parking lot or garage (public or private)P/A2 P/A2 P/A2 Automobile washing establishment — P P Banks and other financial institutions C P C Building materials — P P Community center, as defined in this chapter P P P Day care center C/A3 C/A3 C/A3 Food processing facility — P P Essential services (Type I)P P P Essential services (Type II)P P P Fences A A A Health and exercise establishments C P P Hospitals P — — Hotel or motel — P P Junk salvage or automobile reduction/salvage yards — — C Laboratories, research and diagnostic P P P § 38.12.020UNIFIED DEVELOPMENT CODE CD38:77PROOFS Table of Industrial Uses Permitted Uses BP M-1 M-2 Light goods repair, as defined in this chapter — P P Manufacturing, light P4 P4 P Manufacturing or industrial uses of all types if in compliance with all provisions of this chapter unless otherwise stated in this section. — — P Medical clinics P P P Offices, as defined in this chapter P5 P P Other buildings and structures typically accessory to permitted uses A A A Outside storage —/A6 P/A6 P/A6 Personal and convenience services, as defined in this chapter — C C Personnel service facilities providing services, education, food and convenience goods primarily for those personnel employed in the principal use A A A Production manufacturing and generation facilities (electric and gas)— — C Public buildings P P P Retail sales of goods produced or warehoused on site and re- lated products, not to exceed 20 percent of gross floor area or 10,000 square feet, whichever is less A A A Residential use which is clearly accessory to the operation of a permitted principal or conditional use7, 11 — A7, 11 A7, 11 Restaurant8 — P8 P8 Restaurants serving alcoholic beverages9 — C9 C9 Refuse and recycling containers A A A Retail establishments other than principal uses listed in this section — C C Signs10 A A A Solid waste transfer station — — C Temporary buildings and yards incidental to ongoing construc- tion work A A A Truck, bus and rail terminal facilities — P P Truck repair, washing, and fueling facilities — C P Technology research establishments P P P Trade schools — P P Veterinary clinics P P P Warehousing — P P Warehousing, residential storage (mini warehousing)— P P Any use, except casinos and retail, large scale, approved as part of a planned unit development subject to the provisions of article 20 of this chapter C C C 1Subject to the requirements of article 22 of this chapter. 2As required by this chapter and meeting the standards of this chapter. § 38.12.020 BOZEMAN MUNICIPAL CODE CD38:78PROOFS 3If primarily offering services to a single business or group of businesses within the same building or building complex. 4Completely enclosed within a building. 5Professional and business offices only. 6Only if accessory to a principal use and if screened from the street and surrounding properties by a solid fence or dense plantings at least six feet in height. 7For the purposes of this section, accessory means less than 50 percent of gross floor area of a building, and being generally located on the second or subsequent floor. 8Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet, whichever is less, or occupying not more than 45 percent of the gross floor area of a food processing facility. 9Limited to state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility. 10Subject to the requirements of article 28 of this chapter. 11May be subject to the provisions of chapter 10, article 8. (Ord. No. 1645, § 18.20.020, 8-15-2005; Ord. No. 1693, § 6(18.20.020), 2-20-2007; Ord. No. 1709, § 5(18.20.020), 7-16-2007; Ord. No. 1761, exh. C(18.20.020), 7-6-2009; Ord. No. 1786, § 6, 7-26-2010) ______________________________________________________________________________________ Sec. 38.12.030. Lot coverage and floor area. A. In the M-1 and M-2 districts, the entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings. This chapter provides opportunities for parking requirements to be met by shared and off-site parking as allowed by article 25 of this chapter. B. In the B-P district, not more than 60 percent of the total lot area shall be occupied by impervious surfaces. The remaining 40 percent of the total lot area shall be landscaped as defined in this chapter. C. Minimum floor area requirements for each dwelling in all districts shall be that area required by the city's adopted International Building Code. (Ord. No. 1645, § 18.20.030, 8-15-2005; Ord. No. 1693, § 6(18.20.030), 2-20-2007; Ord. No. 1709, § 5(18.20.030), 7-16-2007; Ord. No. 1761, exh. C(18.20.030), 7-6-2009) Sec. 38.12.040. Lot area and width. A. All newly created lots shall have a minimum area adequate to provide for required yards and parking but in no case shall they be less than: 1. In the M-1 district: 7,500 square feet. 2. In the M-2 district: No minimum area. 3. In the B-P district: 43,560 square feet. B. Lot width for all newly created lots shall not be less than: 1. In the M-1 district: 75 feet. 2. In the M-2 district: 100 feet. 3. In the B-P district: 150 feet. (Ord. No. 1645, § 18.20.040, 8-15-2005; Ord. No. 1693, § 6(18.20.040), 2-20-2007; Ord. No. 1709, § 5(18.20.040), 7-16-2007; Ord. No. 1761, exh. C(18.20.040), 7-6-2009) § 38.12.040UNIFIED DEVELOPMENT CODE CD38:79PROOFS Sec. 38.12.050. Yards. A. Minimum yards required for the M-1 and M-2 districts are: 1. Structures (unless otherwise permitted by this chapter): a. Front yard: 20 feet. b. Rear yard: three feet. c. Side yards: three feet (except zero lot lines as allowed by section 38.21.060.B). 2. Parking and loading areas: a. Front yard: 20 feet. b. Rear yard: zero feet. c. Side yards: zero feet. 3. Rear and side yards adjacent to alleys shall be at least five feet. B. Minimum yards required for the B-P district are: 1. Front yard: 25 feet. 2. Rear yard; 20 feet. 3. Side yards: 15 feet (except zero lot lines as allowed by section 38.21.060.B). 4. All yards fronting on public or private streets shall be a minimum of 25 feet. Front, rear and side yard requirements shall be increased three feet for each additional 5,000 square feet over a total gross foot- print area of 25,000 square feet, up to maximum requirement of 40 feet for rear and side yards and 50 feet for front yards. 5. Rear and side yards adjacent to alleys shall be at least five feet. C. All yards shall be subject to the provisions of sections 38.17.060, 38.21.060, 38.23.100, 38.24.100, and 38.26.100, when applicable. (Ord. No. 1645, § 18.20.050, 8-15-2005; Ord. No. 1693, § 6(18.20.050), 2-20-2007; Ord. No. 1709, § 5(18.20.050), 7-16-2007; Ord. No. 1761, exh. C(18.20.050), 7-6-2009) Sec. 38.12.060. Building height. A. Maximum building height for each industrial district shall be as follows: 1. In the M-1 and M-2 districts: 45 feet. 2. In the B-P district: a. Roof pitch less than 3:12: 38 feet. b. Roof pitch 3:12 or greater: 44 feet. c. Maximum height otherwise allowed by subsections 2.a and b of this sec- tion may be increased by up to a maximum of 50 percent when the B-P zoning district is implementing a re- gional commercial and services growth policy land use designation. d. Maximum height otherwise cumula- tively allowed by this section may be increased by 30 percent through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. (Ord. No. 1645, § 18.20.060, 8-15-2005; Ord. No. 1693, § 6(18.20.060), 2-20-2007; Ord. No. 1709, § 5(18.20.060), 7-16-2007; Ord. No. 1761, exh. C(18.20.060), 7-6-2009) ARTICLE 13. PUBLIC LANDS AND INSTITUTIONS DISTRICT Sec. 38.13.010. Intent. The intent of the PLI public lands and institu- tions district is to provide for major public and quasi-public uses outside of other districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within another district, however larger areas will be designated PLI. (Ord. No. 1645, § 18.22.010, 8-15-2005; Ord. No. 1693, § 7(18.22.010), 2-20-2007) Sec. 38.13.020. Applicability. To the maximum extent allowed by state law, all PLI development shall be subject to review and § 38.12.050 BOZEMAN MUNICIPAL CODE CD38:80PROOFS approval as provided for by this chapter, based upon recommendations received from the applicable re- view bodies established by article 33 of this chapter as may be applicable, and shall be required to comply with all applicable underlying zoning re- quirements, as well as any requirements for certif- icates of appropriateness as established in design objective plans or other overlay district regulations or guidelines. (Ord. No. 1645, § 18.22.020, 8-15-2005; Ord. No. 1693, § 7(18.22.020), 2-20-2007) Sec. 38.13.030. Authorized uses. A. Authorized uses in the PLI district are as follows: 1.Principal uses. a. Ambulance service. b. Cemeteries. c. Essential services (Type I). d. Museums, zoos, historic and cultural facilities and exhibits. e. Other public buildings, e.g., fire and police stations and municipal build- ings. f. Public and nonprofit, quasi-public in- stitutions, e.g., universities, elemen- tary, junior and senior high schools and hospitals. g. Publicly owned land used for parks, playgrounds and open space. h. Publicly owned community centers. 2.Conditional uses. a. Day care centers. b. Essential services (Type II). c. Solid waste landfill and transfer facil- ities. 3.Accessory uses. a. Other buildings and structures typi- cally accessory to permitted uses. (Ord. No. 1645, § 18.22.030, 8-15-2005; Ord. No. 1693, § 7(18.22.030), 2-20-2007) Note—Additional uses for telecommunication facili- ties are provided for in article 29 of this chapter. Sec. 38.13.040. Lot area and width. The lot area and width requirement of the PLI district is as follows: no requirement. (Ord. No. 1645, § 18.22.040, 8-15-2005; Ord. No. 1693, § 7(18.22.040), 2-20-2007) Sec. 38.13.050. Lot coverage. In the PLI district, the entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings. (Ord. No. 1645, § 18.22.050, 8-15-2005; Ord. No. 1693, § 7(18.22.050), 2-20-2007) Sec. 38.13.060. Yards. In the PLI district, there is no yard requirement except when a lot is adjacent to another district. The yards then shall be the same as the adjacent district. The yard requirements of RS shall be interpreted as those of R1. (Note: All yards shall be subject to the provisionsofsections38.17.060,38.21.060,38.23.100 and 38.24.100, when applicable.) (Ord. No. 1645, § 18.22.060, 8-15-2005; Ord. No. 1693, § 7(18.22.060), 2-20-2007) ARTICLE 14. NORTHEAST HISTORIC MIXED-USE DISTRICT Sec. 38.14.010. Intent and purpose. A. The intent of the northeast historic mixed-use district is to provide recognition of an area that has developed with a blend of uses not commonly seen under typical zoning requirements. The unique qualities and nature of the area are not found elsewhere in the city and should be preserved as a place offering additional opportunities for creative integration of land uses. The intent of this area is to § 38.14.010UNIFIED DEVELOPMENT CODE CD38:81PROOFS allow private and case-by-case determination of the most appropriate use of land in a broad range of both nonresidential and residential uses. Standards for buffering between different land uses are delib- erately not as high as standards elsewhere in the community as it is assumed that persons choosing to locate in this area are aware of the variety of possible adjacent land uses and have accepted such possibilities as both acceptable and desirable. It is expected that the lots within this district will con- tinue to develop under a variety of uses which may increase or decrease in scope in any given portion of the district. B. The clear intent of this district is to support a mix and variety of nonresidential and residential uses. Nothing in this article shall be interpreted to be discouraging or prejudicial to any listed use except as set forth as principal and conditional uses. (Ord. No. 1645, § 18.24.010, 8-15-2005; Ord. No. 1693, § 8(18.24.060), 2-20-2007; Ord. No. 1709, § 6(18.24.010), 7-16-2007) Sec. 38.14.020. Authorized uses. A. Authorized uses for the Northeast HMU dis- trict are as follows: Note—(Additional uses for telecommunication facil- ities are provided for in article 29 of this chapter) 1.Principal uses. a. Those principal uses allowed in the R-2 and M-1 districts. b. Restaurants, 1,500 square feet or less. 2.Conditional uses. a. Those conditional uses allowed in the R-2 and M-1 districts, except adult businesses and casinos. b. Any use, except adult businesses, ca- sinos and large scale retail approved as part of a planned unit development subject to the provisions of article 20 of this chapter. 3.Accessory uses.Those accessory uses al- lowed in R-2 and M-1 districts. (Ord. No. 1645, § 18.24.020, 8-15-2005; Ord. No. 1693, § 8(18.24.020), 2-20-2007; Ord. No. 1709, § 6(18.24.020), 7-16-2007) Sec. 38.14.030. Lot area and width. A. Lot area for the Northeast HMU district shall not be less than 5,000 square feet, except as allowed in subsection C of this section, and the lot area shall provide all required yard areas and off-street park- ing and loading. B. No lot width shall be less than 50 feet except lot width for townhomes and lots or dwellings satisfying the requirements of chapter 10, article 8, may be not less than 30 feet. C. Lot area per dwelling shall not be less than 5,000 square feet per detached single-household dwelling and 3,000 square feet per attached dwell- ing. Lot area per each dwelling used to satisfy the requirements of chapter 10, article 8, shall not be less than 3,000 square feet per detached single- household dwelling and 2,500 square feet per at- tached dwelling. (Ord. No. 1645, § 18.24.030, 8-15-2005; Ord. No. 1693, § 8(18.24.030), 2-20-2007; Ord. No. 1709, § 6(18.24.030), 7-16-2007; Ord. No. 1761, 7-6- 2009) Sec. 38.14.040. Lot coverage and floor area. A. In the northeast HMU district, not more than: 1. Forty percent of the lot area shall be occu- pied by the principal and accessory build- ings for principally residential uses; or 2. The entire lot, exclusive of required yards and parking, may be occupied by the prin- cipal and accessory buildings for princi- pally nonresidential uses. B. All dwelling units shall meet the minimum floor area requirements of the city's adopted Inter- national Building Code. (Ord. No. 1645, § 18.24.040, 8-15-2005; Ord. No. 1693, § 8(18.24.040), 2-20-2007; Ord. No. 1709, § 6(18.24.040), 7-16-2007) § 38.14.010 BOZEMAN MUNICIPAL CODE CD38:82PROOFS Sec. 38.14.050. Yards. A. Every lot in the northeast HMU district shall have the following minimum yards: 1. Front yard: 20 feet. 2. Rear yard: three feet, for structures only. 3. Side yards: three feet, for structures only. B. Rear or side yards adjacent to alleys shall be at least five feet. C. All yards shall be subject to the provisions of sections 38.21.060, 38.23.100 and 38.24.100, when applicable. (Ord. No. 1645, § 18.24.050, 8-15-2005; Ord. No. 1693, § 8(18.24.050), 2-20-2007; Ord. No. 1709, § 6(18.24.050), 7-16-2007) Sec. 38.14.060. Building height. Maximum building height in the northeast HMU district shall be 45 feet. (Ord. No. 1709, § 6(18.24.060), 7-16-2007; Ord. No. 1709, § 6(18.24.060), 7-16-2007) Sec. 38.14.070. Residential garages. A. For residential uses only, attached garages shall not obscure the entrance to the dwelling. Attached garages are encouraged to be clearly subordinate to the dwelling. A subordinate garage has one or more of the following characteristics: 1. The principal facade of the dwelling has been emphasized through the use of archi- tectural features such as, but not limited to, porches, fenestration treatment, architec- tural details, height, orientation or gables, so that the non-garage portion of the resi- dence is visually dominant; 2. The facade with the garage vehicle entrance is recessed at least four feet behind the facade of the dwelling containing the main entry; and/or 3. The area of the garage vehicle door com- prises 20 percent or less of the total square footage, exclusive of any exposed roof areas, of the principal facade of the dwell- ing. B. Alternative means of addressing the intent of this section will be considered. Detached garages are encouraged. Vehicular garage access on nonprincipal facades and/or alleys is also encour- aged. (Ord. No. 1645, § 18.24.070, 8-15-2005; Ord. No. 1693, § 8(18.24.070), 2-20-2007; Ord. No. 1709, § 6(18.24.070), 7-16-2007) Sec. 38.14.080. Special standards and require- ments. A. The requirements for landscape buffering for residential adjacency required by article 26 of this chapter are not applicable in the northeast HMU. B. All necessary screening or other buffering that is determined to be necessary between adjoin- ing uses shall be the responsibility of the use that is established last in time. C. When a lot is adjacent to or across the street from a residential zoning district, the yard require- ments shall be the same as the adjoining zone and buildings shall be screened with either a decorative fence or plantings. The provisions of R-S shall be interpreted as those of R-1. (Ord. No. 1645, § 18.24.080, 8-15-2005; Ord. No. 1693, § 8(18.24.080), 2-20-2007; Ord. No. 1709, § 6(18.24.080), 7-16-2007) ARTICLE 15. REQUIREMENTS FOR CREATION OF A HISTORIC MIXED-USE DISTRICT Sec. 38.15.010. Description and purpose. Due to historical development patterns, certain areas of the city are characterized by a mixture of uses such as residential and commercial uses, or residential and industrial uses, which are normally segregated under standard zoning districts. In some instances, provisions for a continuation of a mixture of uses will serve both the public interest and allow § 38.15.010UNIFIED DEVELOPMENT CODE CD38:83PROOFS a more equitable balancing of private interests than would the utilization of a standard zoning district. Because of the variety of circumstances which exist in different areas of the city, and the different treatment accorded those areas in the growth policy, it is not possible to establish a zoning district with uniform listing of uses and standards which is applicable to all such areas. Therefore, the historic mixed-use (HMU) district is intended to provide procedures and criteria for recognition of such areas and for the development of standards governing each application of the district to a particular area. It is further intended that the HMU district will be very selectively used and shall not be used as a mechanism to discourage development of any per- mitted use within the district. (Ord. No. 1645, § 18.26.010, 8-15-2005) Sec. 38.15.020. Criteria for establishment of the historic mixed-use district. A. Before any area is designated as a HMU district, the city commission shall make affirmative findings that: 1. The area to be classified as a HMU district includes the approximate equivalent of at least one standard city block of 300 feet by 300 feet, not held in single ownership unless developed over time while held in multiple ownership; 2. A special study of the area has been com- pleted showing how the proposed historic mixed-use district would be integrated with the surrounding area consistent with the objectives of the growth policy and other applicable policies adopted by the city; 3. At least 50 percent of the lots to be classi- fied as an historic mixed-use district are already developed with structures; 4. The existing development has occurred over a period of years and is characterized by a mixture of uses not permissible under a single zoning classification and includes a representative sampling of uses in the im- mediate area; 5. None of the standard zoning districts are capable of, or suitable for, promoting the objectives of the growth policy applicable to preexisting nonconforming uses; 6. The uses to be permitted within the HMU district will be compatible with one another and will provide a functional and healthful environment; and 7. The uses to be permitted and the develop- ment standards to be applied in the pro- posed district will promote the objectives of the growth policy and other applicable policies adopted by the city. (Ord. No. 1645, § 18.26.020, 8-15-2005) Sec. 38.15.030. Historic mixed-use district ele- ments. A. Because the HMU district is designed to be applied to diverse situations, the specific mixture of uses permitted and the development standards re- quired will have to be specified for each application of the district to a particular area. Therefore, the ordinance applying the HMU district to a specific area shall contain the following elements: 1. A description and purpose section setting forth the specific purposes the district is intended to accomplish in the particular situation; 2. A use section setting forth the activities or categories of activities to be permitted, or the performance standards to be used in evaluating specific activities. This section shall govern the uses within a particular HMU district; and 3. A standards section setting forth general development standards governing parking, lot coverage, setbacks, height limitations and other factors which are either different from or supplemental to the normal stan- dards of this chapter. B. Exemption. When an area has been classified as an HMU district, the general building and development standards set forth in this chapter shall § 38.15.010 BOZEMAN MUNICIPAL CODE CD38:84PROOFS govern. However, if the special development stan- dards set forth under subsection C of this section are more restrictive than the general development stan- dards, the special development standards set forth under subsection C of this section shall prevail. (Ord. No. 1645, § 18.26.030, 8-15-2005) Sec. 38.15.040. Initiation, procedures and no- tice. Application for HMU district designation shall be administered under the provisions established in articles 36 and 37, TextAmendments and Zone Map Amendments, of this chapter. (Ord. No. 1645, § 18.26.040, 8-15-2005) ARTICLE 16. NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT Sec. 38.16.010. Intent and purpose. A. All new construction, alterations to existing structures, movement of structures into or out of the neighborhood conservation overlay district, herein- after referred to as the conservation district, or demolition of structures by any means or process will be subject to design review. The recommenda- tions of the design review board or administrative design review staff shall be given careful consider- ation in the final action of the planning director or city commission. B. This article defines and sets forth standards which apply to the conservation district. C. The intent and purpose of the conservation district designation is to stimulate the restoration and rehabilitation of structures, and all other ele- ments contributing to the character and fabric of established residential neighborhoods and commer- cial or industrial areas. New construction will be invited and encouraged provided primary emphasis is given to the preservation of existing buildings and further provided the design of such new space enhances and contributes to the aesthetic character and function of the property and the surrounding neighborhood or area. Contemporary design will be encouraged, provided it is in keeping with the above-stated criteria, as an acknowledged fact of the continuing developmental pattern of a dynamic, changing community. The neighboring community shall be provided notice and opportunity to com- ment upon the proposed property improvements in accordance with article 40 of this chapter. In addi- tion, aggrieved persons shall have the right to appeal any design review decision made under the provisions of this article, in accordance with article 35 of this chapter. D. In view of the fact that most of the area included within the boundaries of the conservation district was developed and built out prior to the adoption of zoning and contemporary subdivision regulations, the construction, development pattern and range of uses is highly diverse and may not be in compliance with conventional regulatory require- ments. This article recognizes that this diversity is a major contributing element of the historic character of these neighborhoods or areas. The provisions of this article shall be applied in a manner that will encourage the protection and enhancement of the many diverse features for future generations. E. The conservation district boundary is largely coterminous with the area surveyed in the effort that led to the listing of nine historic districts and 40 additional landmark structures in the National Reg- ister of Historic Places, and includes the nine designated historic districts and 40 individual land- marks. This article sets forth the means of protect- ing and enhancing the conservation district. F. It is further the purpose of the conservation district designation to protect and enhance neigh- borhoods or areas of significant land planning or architectural character, historic landmarks or other built or natural features for the educational, cultural, economic benefit or enjoyment of citizens of the city. It will be the policy and responsibility of the administrative entities of this article to: 1. Protect,preserve,enhanceandregulatestruc- tures, archaeological or cultural sites, and areas that: a. Are reminders of past eras, events or persons important in local, state or national history; § 38.16.010UNIFIED DEVELOPMENT CODE CD38:85PROOFS b. Provide significant examples of land planning or architectural styles, or are landmarks in the history of land plan- ning and architecture; c. Are unique or irreplaceable assets to the city and its neighborhoods; d. Provideexamplesofphysicalsurround- ings in which past generations lived; or e. Represent and express the unique char- acteristics of small agricultural-based, western city developmental patterns; 2. Enhance property values through the stabi- lization of neighborhoods and areas of the city, increase economic and financial ben- efits to the city and its inhabitants, and promote tourist trade and interests; 3. Develop and maintain the appropriate envi- ronment for buildings, structures, sites and areas, that reflect varied planning and ar- chitectural styles and distinguished phases of the city's history and prehistory; 4. Stimulate an enhancement of human life by developing educational and cultural dimen- sions, which foster the knowledge of the city's heritage, and cultivate civic pride in the accomplishments of the past; 5. Seek to maintain and enhance the many private and public elements that are unique to the fabric, theme and character of each neighborhood and area, including, but not limited to, lighting, pathways, street trees, natural areas and other features that may, from time to time, be identified by the citizens and property owners of neighbor- hoods, areas and subsections thereof; and 6. Provide the neighboring community with notice and opportunity to comment upon the proposed property improvements in ac- cordance with article 40 of this chapter, with the exception of certain sketch plan applications with potentially little neighbor- hood impact, and to further provide ag- grieved persons with the right to appeal review decisions made under the provisions of this article, in accordance with article 35 of this chapter. (Ord. No. 1645, § 18.28.010, 8-15-2005; Ord. No. 1693, § 9(18.28.010), 2-20-2007; Ord. No. 1709, § 7(18.28.010), 7-16-2007; Ord. No. 1761, exh. D(18.28.010), 7-6-2009) Sec. 38.16.020. Design review board and admin- istrative design review staff pow- ers and duties within conserva- tion districts. A. It is intended that the design review board and administrative design review staff will review and make recommendations to the city commission or planning director regarding development within the neighborhood conservation district in order to maintain the underlying and desirable characteris- tics of structures and areas within such districts, while recognizing the need for innovation and individual expression in the development of these districts. B. In carrying out this mission, in addition to the duties established in article 33 of this chapter, the design review board and administrative design re- view staff shall have the duty to review any tax abatement or other incentive programs being con- sidered by the city commission that are designed to stimulate preservation and rehabilitation of struc- tures and properties, and to review any proposed action or development utilizing these abatement or incentive programs. (Ord. No. 1645, § 18.28.020, 8-15-2005; Ord. No. 1693, § 9(18.28.020), 2-20-2007; Ord. No. 1709, § 7(18.28.020), 7-16-2007; Ord. No. 1761, exh. D(18.28.020), 7-6-2009) Sec. 38.16.030. Conservation district designa- tion or recision. A site, structure, object, area or district may be designated or rescinded as a landmark, or added to or removed from the conservation district by the city commission upon recommendation of the His- toric Preservation Advisory Board subject to the § 38.16.010 BOZEMAN MUNICIPAL CODE CD38:86PROOFS provisions of division 6, Historic Preservation Ad- visory Board of article 5, chapter 2, andarticles 36 and 37, TextAmendments and Zoning MapAmend- ments, of this chapter. Property owner concurrence is necessary for the designation or recision of landmark status. (Ord. No. 1645, § 18.28.030, 8-15-2005; Ord. No. 1693, § 9(18.28.030), 2-20-2007; Ord. No. 1709, § 7(18.28.030), 7-16-2007; Ord. No. 1761, exh. D(18.28.030), 7-6-2009) Sec. 38.16.040. Certificate of appropriateness. A. Acertificate of appropriateness, received from either the planning director, the city commission, or the board of adjustment, and after recommendation by the administrative design review staff or design review board, shall be required before any and all alteration other than repair as defined in article 42 of this chapter, are undertaken upon any structure in the conservation district. For alterations not requir- ing city commission approval, compliance with the planning director's decisions will be mandatory subject to appeal to the city commission as set forth in article 35 of this chapter. The state historical and architectural inventory form shall be reviewed and, if necessary, updated by the historic preservation staff to reflect current conditions on the site, prior to the review of the proposal. Application procedures are as follows: 1. No building, demolition, conditional use, sign or moving permit shall be issued within the conservation district until a cer- tificate of appropriateness has been issued by the appropriate review authority, and until final action on the proposal has been taken. 2. Application, review and public notice pro- cedures for proposals located within the conservation district are set forth in articles 19, Review Procedures for Site Develop- ment, 33, Development Review Commit- tee, Design Review Board, Administrative Design Review andWetlands Review Board and article 40, Noticing, of this chapter. If the demolition or movement of structures or sites subject to the conservation district requirements is proposed, the procedures in section 38.16.080 shall apply. 3. A denial of a certificate of appropriateness shall be accompanied by a written state- ment of reasons for the denial. 4. Thearchitecturaldesignsofindividualwork- force housing units used to satisfy the requirements of section 10.08.020 and meet- ingtherequirementsofsection10.08.070.1.m are exempt from the review requirements of this article. This exemption does not extend to removal or alterations of existing struc- tures. (Ord. No. 1645, § 18.28.040, 8-15-2005; Ord. No. 1693, § 9(18.28.040), 2-20-2007; Ord. No. 1709, § 7(18.28.040), 7-16-2007; Ord. No. 1761, exh. D(18.28.040), 7-6-2009) Sec. 38.16.050. Standards for certificates of ap- propriateness. 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 Preserv- ing, Rehabilitating, Restoring and Reconstructing Historic Buildings (published 1995), published by U.S. Department of the Interior, National Park Service, Cultural Resource Stewardship and Part- nerships, Heritage Preservation Services, Washing- ton, D.C. (available for review at the planning department). B. Architectural appearance design guidelines used to consider the appropriateness and compati- bility of proposed alterations with original design features of subject structures, or properties and with neighboring structures and properties, shall focus upon the following: 1. Height; 2. Proportions of doors and windows; 3. Relationship of building masses and spaces; 4. Roof shape; § 38.16.050UNIFIED DEVELOPMENT CODE CD38:87PROOFS 5. Scale; 6. Directional expression, with regard to the dominant horizontal or vertical expression of surrounding structures; 7. Architectural details; 8. Concealment of nonperiod appurtenances, such as mechanical equipment; and 9. Materials and color schemes (any require- ments or conditions imposed regarding color schemes shall be limited to the prevention of nuisances upon abutting properties and prevention of degradation of features on the property in question. Color schemes may be considered as primary design elements if a deviation from the underlying zoning is requested). C. Contemporary, nonperiod and innovative de- sign of new structures and additions to existing structures shall be encouraged when such new construction or additions do not destroy significant historical, cultural or architectural structures or their components and when such design is compatible with the foregoing elements of the structure and surrounding structures. D. When applying the standards of subsections A through C of this section, the review authority shall be guided by the design guidelines for the neighborhood conservation overlay district which are hereby incorporated by this reference. Applica- tion of the design guidelines may vary by property as explained in the introduction to the design guidelines. 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 deter- mine whether the proposal is compatible with any existing or surrounding structures. E. Conformance with other applicable develop- ment standards of this chapter. F. Tax abatement certificate of appropriateness applications are also reviewed with the procedures and standards established in chapter 2, article 6, division 2. (Ord. No. 1645, § 18.28.050, 8-15-2005; Ord. No. 1660, § 1, 2-6-2006; Ord. No. 1693, § 9(18.28.050), 2-20-2007; Ord. No. 1709, § 7(18.28.050), 7-16- 2007; Ord. No. 1761, exh. D(18.28.050), 7-6-2009) Sec. 38.16.060. Applicationrequirementsforcer- tificates of appropriateness in conservation districts. Applications for certificates of appropriateness shall be made in conjunction with applications for site plan approval in accordance with article 19 of this chapter. Where development projects in the conservation district require only sketch plan re- view as per article 19 of this chapter (i.e., single- household,two-household,three-householdandfour- household residential structures, each on individual lots; signs; fences; property alterations; and certain amendments to site plans), applications for certifi- cates of appropriateness shall be made on a form provided by the planning department, and shall include the information and material as set forth in article 41 of this chapter. (Ord. No. 1645, § 18.28.060, 8-15-2005; Ord. No. 1693, § 9(18.28.060), 2-20-2007; Ord. No. 1709, § 7(18.28.060), 7-16-2007; Ord. No. 1761, exh. D(18.28.060), 7-6-2009) Sec. 38.16.070. Deviations from underlying zon- ing requirements. A. Because the development of much of historic Bozeman preceded zoning, subdivision and con- struction regulations, many buildings within the conservation district do not conform to contempo- rary zoning standards. In order to encourage resto- ration and rehabilitation activity that would contrib- ute to the overall historic character of the community, deviations from underlying zoning requirements may be granted by the city commission after con- sidering the recommendations of the design review § 38.16.050 BOZEMAN MUNICIPAL CODE CD38:88PROOFS board or administrative design review staff. The criteria for granting deviations from the underlying zoning requirements are: 1. Modifications shall be more historically appropriate for the building and site in question and the adjacent properties, as determined by the standards in section 38.16.050, than would be achieved under a literal enforcement of this chapter; 2. Modifications will have minimal adverse effect on abutting properties or the autho- rized uses thereof; and 3. Modifications shall ensure the protection of the public health, safety and general wel- fare. Approvals may be conditioned to en- sure such protection, and such conditions may include a time period within which alterations will be completed; landscaping and maintenance thereof; architectural, site plan and landscape design modifications; or any other conditions in conformity with the intent and purpose set forth in this article. (Ord. No. 1645, § 18.28.070, 8-15-2005; Ord. No. 1693, § 9(18.28.070), 2-20-2007; Ord. No. 1709, § 7(18.28.070), 7-16-2007; Ord. No. 1761, exh. D(18.28.070), 7-6-2009) Sec. 38.16.080. Demolitionormovementofstruc- tures or sites within the conser- vation district. A. The demolition or movement of any structure or site within the conservation district shall be subject to the provisions of this article and section. The review procedures and criteria for the demoli- tion or movement of any structure or site within the conservation district are as follows: 1. Applications for the demolition or move- ment of structures within the conservation district will not be accepted without a complete submittal for the subsequent de- velopment or treatment of the site after the demolition or movement has occurred. The subsequent development or treatment must be approved before a demolition or moving permit may be issued. 2. The demolition or movement of conserva- tion district principal and accessory struc- tures or sites, which are designated as intrusive or neutral elements by the state historical and architectural inventory, and are not within recognized historic districts or in other ways listed on the National Register of Historic Places, shall be subject to approval by the planning director after review and recommendation of administra- tive design review staff or design review board as per articles 19 and 33 of this chapter, and the standards outlined in sec- tion 38.16.050. The state historical and architectural inventory form shall be re- viewed and, if necessary, updated by the historic preservation staff to reflect current conditions on the site, prior to the review of the demolition or movement proposal. The final approval authority for the demolition or movement of structures or sites de- scribed within this section shall rest with the city commission when proposed in conjunction with a deviation, variance, con- ditional use permit or planned unit devel- opment application. 3. The demolition or movement of conserva- tion district principal and accessory struc- tures or sites, which are designated as contributing elements by the state historical and architectural inventory, and all proper- ties within historic districts and all land- marks, shall be subject to approval by the city commission, through a public hearing. Notice of the public hearing before the city commission shall be provided in accor- dance with article 40 of this chapter. Prior to holding the public hearing, the city commission shall receive a recommenda- tion from administrative design review staff and the design review board. The state historical and architectural inventory form § 38.16.080UNIFIED DEVELOPMENT CODE CD38:89PROOFS shall be reviewed and, if necessary, updated by the historic preservation staff to reflect current conditions on the site, prior to the review of the demolition or movement proposal. The final approval authority for the demolition or movement of structures or sites described within this section shall rest with the city commission. The city commission shall base its decision on the following: a. The standards in section 38.16.050 and the architectural, social, cultural and historical importance of the struc- ture or site and their relationship to the district as determined by the state historic preservation office and the planning department. b. If the commission finds that the crite- ria of this section are not satisfied, then, before approving an application to demolish or remove, the commis- sion must find that at least one of the following factors apply based on de- finitive evidence supplied by the ap- plicant, including structural analysis and cost estimates indicating the costs of repair and/or rehabilitation versus the costs of demolition and redevel- opment: (1) The structure or site is a threat to public health or safety, and that no reasonable repairs or altera- tions will remove such threat; any costs associated with the removalofhealthorsafetythreats must exceed the value of the structure. (2) The structure or site has no via- ble economic or useful life re- maining. 4. If an application for demolition or moving is denied, issuance of a demolition or mov- ing permit shall be stayed for a period of two years from the date of the final decision in order to allow the applicant and city to explore alternatives to the demolition or move, including, but not limited to, the use of tax credits or adaptive reuse. The two- year stay may be terminated at any point in time if an alternate proposal is approved or if sufficient additional evidence is pre- sented to otherwise satisfy the requirements of subsection 2 or 3 of this section. 5. All structures or sites approved for demo- lition or moving shall be fully documented in a manner acceptable to the historic pres- ervation planner and administrative design review staff prior to the issuance of demo- lition or moving permits. 6. In addition to the remedies in article 34 of this chapter, the owner of any structure or site that is demolished or moved contrary to the provisions of this section, and any contractor performing such work, may be required to reconstruct such structure or site in a design and manner identical to its condition prior to such illegal demolition or move, and in conformance with all appli- cable codes and regulations. (Ord. No. 1645, § 18.28.080, 8-15-2005; Ord. No. 1693, § 9(18.28.080), 2-20-2007; Ord. No. 1709, § 7(18.28.080), 7-16-2007; Ord. No. 1761, exh. D(18.28.080), 7-6-2009) Sec. 38.16.090. Appeals. Aggrieved persons, as defined in article 42 of this chapter, may appeal the decision of the plan- ning director, board of adjustment, or city commis- sion pursuant to the provisions of article 35 of this chapter, and title 76, ch. 2, part 3, Montana Code Annotated (MCA 76-2-301 et seq.). In such event, the issuance of a certificate shall be stayed until the appeal process has been satisfied. (Ord. No. 1645, § 18.28.090, 8-15-2005; Ord. No. 1693, § 9(18.28.090), 2-20-2007; Ord. No. 1709, § 7(18.28.090), 7-16-2007; Ord. No. 1761, exh. D(18.28.090), 7-6-2009) § 38.16.080 BOZEMAN MUNICIPAL CODE CD38:90PROOFS ARTICLE 17. BOZEMAN ENTRYWAY CORRIDOR OVERLAY DISTRICT Sec. 38.17.010. Title. These regulations shall be known as the city entryway corridor overlay district regulations and may be cited as the entryway corridor regulations. (Ord. No. 1645, § 18.30.010, 8-15-2005; Ord. No. 1709, § 8(18.30.010), 7-16-2007; Ord. No. 1769, exh. F(18.30.010), 12-28-2009) Sec. 38.17.020. Intent and purpose. A. There are several arterial corridors entering the city that introduce visitors and residents alike to the city. The visual attributes of these roadways provide a lasting impression of the character of the city. It is the intent and purpose of this article to ensure that the quality of development along these corridors will enhance the impression and enjoy- ment of the community by guiding development and change, and by stimulating and assisting, in conjunction with other provisions of this chapter, improvements in signage, landscaping, access and other contributing elements of entry corridor ap- pearance and function. B. It is the intent of this article to establish design criteria, standards and review procedures that will allow the city and its advisory boards and agencies to review and direct, in a fair and equitable manner, the development and redevelopment of future and existing properties and facilities within the entry corridors. The recommendations of the design review board or administrative design re- view staff shall be given careful consideration in the final action of the planning director, board of adjustment, or the city commission. (Ord. No. 1645, § 18.30.020, 8-15-2005; Ord. No. 1709, § 8(18.30.020), 7-16-2007; Ord. No. 1769, exh. F(18.30.020), 12-28-2009) Sec. 38.17.030. Application of entryway corri- dor provisions. A. Entryway corridors shall be designated on the city's official zoning map. The provisions of this article shall be applied in addition to any other applicable regulations of this chapter. Specifically, these provisions shall be applied to all develop- ments within such corridors as follows: 1.Class I.All development wholly or partially within 660 feet of the centerline of the following roadways: a. Interstate 90, within or adjacent to the city boundaries, measured from the centerline of the outside lanes of the opposing roadways and from the centerline of the access ramps; b. Interstate 90 frontage roads, within the city boundaries, whether or not they are designated frontage roads; c. U.S. 10, from the Interstate 90/North Seventh Avenue interchange west to the city boundaries; d. U.S. 191, west from Ferguson Road to the city boundaries; e. NineteenthAvenue,northfromDurston Road to the North 19th Avenue/ Interstate 90 interchange, exclusive of the east side between Durston Road and the south boundary of Covered Wagon Mobile Home Park; and f. Oak Street, west from North Seventh Avenue to North Nineteenth Avenue. 2.Class II.All development wholly or par- tially within the lesser of one city block or 330 feet of the centerline of the following roadways, with the exception of residen- tially zoned lots (no exception for R-O district) that have no frontage upon said roadways: a. Seventh Avenue, south from the Inter- state 90 interchange to Main Street; b. NineteenthAvenue,southfromDurston Road to the city boundary, and the east side of Nineteenth Avenue, be- tween the south boundary of Covered WagonMobileHomeParkandDurston Road; § 38.17.030UNIFIED DEVELOPMENT CODE CD38:91PROOFS c. Main Street, cast from Broadway to Interstate 90; d. Main Street, west from Seventh Ave- nue to Ferguson Road; e. Rouse Avenue and State Primary 86 (Bridger Canyon Road) from Tama- rack north and cast to the city bound- ary; f. Oak Street, west from Nineteenth Av- enue to the east edge of Rose Park; and g. Oak Street, east from Seventh Avenue to Rouse Avenue. (Ord. No. 1645, § 18.30.030, 8-15-2005; Ord. No. 1709, § 8(18.30.030), 7-16-2007; Ord. No. 1769, exh. F(18.30.030), 12-28-2009) Sec. 38.17.040. Design review board and admin- istrative design review staff pow- ers and duties within entryway corridors. The design review board and administrative design review staff shall have the duties and powers established by article 33 of this chapter, within entryway corridors. (Ord. No. 1645, § 18.30.040, 8-15-2005; Ord. No. 1709, § 8(18.30.040), 7-16-2007; Ord. No. 1769, exh. F(18.30.040), 12-28-2009) Sec. 38.17.050. Certificate of appropriateness. A. Acertificate of appropriateness received from the reviewing authority after recommendation by the administrative design review staff or design review board, shall be required before any and all alterations other than repair as defined in article 42 of this chapter, are undertaken upon any structure in the entryway corridor. For alterations not requiring city commission approval, compliance with the planning director's decisions will be mandatory subject to appeal to the city commission as set forth in article 35 of this chapter. Application procedures are as follows: 1. No building, demolition, sign, conditional use permit or moving permit shall be issued within an entryway corridor until a certifi- cate of appropriateness has been issued by the appropriate review authority and until final action on the proposal has been taken. 2. Application, review and public notice pro- cedures for proposals located within entry- way corridors are set forth in articles 19, Review Procedures for Site Development; 33, Development Review Committee, De- sign Review Board, Administrative Design Review Staff and Wetlands Review Board; and 40, Noticing, of this chapter. 3. A denial of a certificate shall be accompa- nied by a written statement of reasons for the denial. (Ord. No. 1645, § 18.30.050, 8-15-2005; Ord. No. 1709, § 8(18.30.050), 7-16-2007; Ord. No. 1769, exh. F(18.30.050), 12-28-2009) Sec. 38.17.060. Design criteria and development standards in entryway corri- dors. A. In addition to the standards of article 19 of this chapter, the following general design criteria and development standards shall apply to all devel- opment occurring within the areas described in section 38.17.030: 1. The proposed development shall also com- ply with all applicable design standards and guidelines, including the design objectives plan for entryway corridors. 2. Setback, parking, building and landscape standards. a. The setback from any entryway corri- dor roadway right-of-way shall be landscaped, including the screening or buffering of parking areas, through the use of berms, depressed parking, native landscape materials surround- ing and within parking areas, or other means in order to preserve the area's natural views. b. In addition to the qualitative design standards and guidelines in the design § 38.17.030 BOZEMAN MUNICIPAL CODE CD38:92PROOFS objectives plan for entryway corri- dors, parking areas and buildings shall: (1) Be set back at least 50 feet from any Class I entryway corridor roadway right-of-way; or (2) Be set back at least 25 feet from any Class II entryway corridor roadway right-of-way. (Ord. No. 1645, § 18.30.060, 8-15-2005; Ord. No. 1709, § 8(18.30.060), 7-16-2007; Ord. No. 1769, exh. F(18.30.060), 12-28-2009) Sec. 38.17.070. Applicationrequirementsforcer- tificates of appropriateness in entryway corridor. A. Applications for certificates of appropriate- ness shall be made in conjunction with applications for site plan approval, in accordance with article 19 of this chapter. B. Where development projects in the entryway corridor require only sketch plan review as per article 19 of this chapter (e.g., single-household, two-household, three-household and four-house- hold residential structures, each on individual lots; signs;fences;propertyalterations;andcertainamend- ments to site plans), applications for certificates of appropriateness shall be made in conjunction with an application for sketch plan review on a form provided by the planning department, and shall include the information and material as set forth in article 41 of this chapter. C. The architectural designs of individual work- force housing units used to satisfy the requirements of section 10.08.020 and meeting the requirements of section 10.08.070.1.m are exempt from the review requirements of this article. This exemption does not extend to removal or alterations of existing structures. (Ord. No. 1645, § 18.30.070, 8-15-2005; Ord. No. 1709, § 8(18.30.070), 7-16-2007; Ord. No. 1769, exh. F(18.30.070), 12-28-2009) Sec. 38.17.080. Deviation from overlay orunder- lying zoning requirements. A. To accomplish the intent and purpose of this article it may be necessary to deviate from the strict application of the overlay or underlying zoning requirements. Deviations from the underlying zon- ing requirements may be granted by the city com- mission after considering the recommendations of the design review board or administrative design review staff. B. The application for deviation shall be subject to the submittal and procedural requirements of articles 19 and 41 of this chapter. The application shall be accompanied by written and graphic mate- rial sufficient to illustrate the initial and final conditions that the modified standards will produce. The city commission or board of adjustment shall make a determination that the deviation will pro- duce an environment, landscape quality and char- acter superior to that produced by the existing standards, and which will be consistent with the intent and purpose of this article, and with the adopted design objectives plan for the particular entryway corridor. Upon such a finding, the city commission or board of adjustment may authorize deviations of up to 20 percent beyond or below minimum or maximum standards respectively, as established in the underlying zoning district regu- lations. If the city commission or board of adjust- ment does not find that the proposed modified standards create an environment, landscape quality and character superior to that produced by the existing standards, and which will be consistent with the intent and purpose of this article, and with the adopted design objectives plan for the particular entryway corridor, no deviation shall be granted. (Ord. No. 1645, § 18.30.080, 8-15-2005; Ord. No. 1709, § 8(18.30.080), 7-16-2007; Ord. No. 1769, exh. F(18.30.080), 12-28-2009) Sec. 38.17.090. Appeals. Aggrieved persons, as defined in article 42 of this chapter, may appeal the decision of the plan- ning director, board of adjustment or city commis- sion pursuant to the provision of article 35 of this chapter. In such event, the issuance of a certificate shall be stayed until the appeal process has been completed. (Ord. No. 1645, § 18.30.090, 8-15-2005; Ord. No. 1709, § 8(18.30.090), 7-16-2007; Ord. No. 1769, exh. F(18.30.090), 12-28-2009) § 38.17.090UNIFIED DEVELOPMENT CODE CD38:93PROOFS ARTICLE 18. CASINO OVERLAY DISTRICT Sec. 38.18.010. Intent. The intent of the casino overlay district is to provide suitable locations for casinos, as defined in this chapter, based on review for impacts to neigh- boring uses and to minimize adverse effects on the community in the best interests of the public health, safety and general welfare. (Ord. No. 1645, § 18.32.010, 8-15-2005) Sec. 38.18.020. Application for zoning designa- tion. Any person wishing to establish a casino must make application as per article 37 of this chapter, Zoning Map Amendments, for a casino overlay district. (Ord. No. 1645, § 18.32.020, 8-15-2005) Sec. 38.18.030. Authorized uses. A. Authorized uses in the casino overlay district are as follows: 1.Principal uses. a. All principal uses permitted in the M-1 district if the underlying zoning is M-1. b. All principal uses permitted in the M-2 district if the underlying zoning is M-2. 2.Conditional uses. a. Casinos. b. All conditional uses permitted in the M-1 district if the underlying zoning is M-1. c. All conditional uses permitted in the M-2 district if the underlying zoning is M-2. 3.Accessory uses. a. All accessory uses permitted in the M-1 district if the underlying zoning is M-1. b. All accessory uses permitted in the M-2 district if the underlying zoning is M-2. (Ord. No. 1645, § 18.32.030, 8-15-2005) Sec. 38.18.040. Restrictions. A. Casino overlay districts shall be permissible zoning only in areas zoned M-1 light manufacturing district, or M-2 manufacturing and industrial dis- trict. B. Casino overlay districts shall not be located within an entryway corridor overlay district except for the Interstate 90 entryway overlay corridor. Casino overlay districts shall not be located in areas where the Interstate 90 entryway corridor overlaps other entryway corridor overlay districts. C. Casino overlay district lots shall not be lo- cated within 600 feet, in any direction, of lots used for schools, churches, residences, public parks or other casinos. D. Sale for on-premises consumption of beer, wine and liquor is permissible only for casino and restaurant establishments. E. Casinos granted approval for sales for on- premises consumption of alcohol may not also sell automotive fuels. (Ord. No. 1645, § 18.32.040, 8-15-2005) Sec. 38.18.050. Lot area and width. There shall be no minimum lot area, however no lot width shall be less than 100 feet and the lot area shall be sufficient to provide all required yard areas and off-street parking. (Ord. No. 1645, § 18.32.050, 8-15-2005) Sec. 38.18.060. Lot coverage. The entire lot, exclusive of required yards, land- scaping and parking may be occupied by the prin- cipal and accessory buildings. (Ord. No. 1645, § 18.32.060, 8-15-2005) § 38.18.010 BOZEMAN MUNICIPAL CODE CD38:94PROOFS Sec. 38.18.070. Yards. A. Every lot within a casino overlay district shall have the following minimum yards: 1. Front yard: 25 feet. 2. Rear yard: ten feet. 3. Side yards: eight feet each side. Note—(All yards shall be subject to the provisions of sections 38.16.060, 38.22.100 and 38.23.100, when ap- plicable.) (Ord. No. 1645, § 18.32.070, 8-15-2005) Sec. 38.18.080. Building height. A. Maximum building height in a casino overlay district shall be: 1. Roof pitches of less than 3:12: 32 feet. 2. Roof pitches of 3:12 or greater: 38 feet. (Ord. No. 1645, § 18.32.080, 8-15-2005) ARTICLE 19. SITE PLAN REVIEW* Sec. 38.19.010. Introduction. A. All non-subdivision development proposals within the city will be subject to plan review and approval. Depending on the complexity of develop- ment and status of proposed use in the applicable zoning district, either sketch plans, site plans or conditional use permits will be required as specified in this article. B. Special development proposals (e.g., PUDs, CUPs, variances, etc.) require other information to be submitted in conjunction with sketch plans or site plans and are subject to requirements specific to the type of proposal. These additional submittal requirements and review procedures are outlined in section 38.19.030. C. When a development is proposed within a neighborhood conservation or entryway corridor overlay district, or proposes signs which do not specifically conform to the requirements of this chapter, design review is required in conjunction with either sketch plan or site plan review. In such cases, additional submittal requirements and review procedures apply as outlined in section 38.41.090. D. Conditional uses. Certain uses, while gener- ally not suitable in a particular zoning district, may, under certain circumstances, be acceptable. When such circumstances can be demonstrated by the applicant to exist, a conditional use permit may be granted by the board of adjustment or city commis- sion. Conditions may be applied to the issuance of the permit and periodic review may be required. No conditional use permit shall be granted for a use which is not specifically designated as a conditional use in this chapter. E. Approval shall be granted for a particular use and not for a particular person or firm. F. This article is provided to meet the purposes of section 38.01.040 and all other relevant portions of this chapter. G. Applications subject to this article shall be reviewed under the authority established by article 34 of this chapter. (Ord. No. 1645, § 18.34.010, 8-15-2005; Ord. No. 1670, § 18.34.010, 8-28-2006; Ord. No. 1693, § 10(18.34.010), 2-20-2007; Ord. No. 1709, § 9(18.34.010), 7-16-2007; Ord. No. 1761, exh. E(18.34.010), 7-6-2009) Sec. 38.19.020. Classification of site plans. A. All developments, as defined in article 42 of this chapter, within the city shall be subject to site plan review procedures and criteria of this article and the applicable submittal requirements of article 41 of this chapter. For the purposes of this chapter, site plans will be classified as either a master site plan or a site plan. 1. Exception. Those developments specified in section 38.19.050 and other development proposals when so specifically identified require only sketch plan review. *State law reference—Property development review, MCA 7-21-1001 et seq. § 38.19.020UNIFIED DEVELOPMENT CODE CD38:95PROOFS B. A master site plan is a generalized develop- ment plan that establishes building envelopes and overall entitlements for complex, large-scale proj- ects that will require multiple years to reach com- pletion. Use of a master site plan is an option and not required. A master site plan involves one or more of the following: 1. 100 or more dwelling units in a multiple household structure or structures; 2. 50,000 or more square feet of office space, retail commercial space, service commer- cial space or industrial space; 3. Multiple buildings located on multiple con- tiguous lots and/or contiguous city blocks; 4. Multiple owners; 5. Development phasing projected to extend beyond two years; or 6. Parking for more than 200 vehicles. C. Any planned unit development shall be re- viewed according to the regulations in article 20 of this chapter, in addition to this article. D. Telecommunication facilities shall be re- viewed according to the regulations in article 29 of this chapter, in addition to this article. E. Uses identified in article 22 of this chapter shall be reviewed according to the standards and regulations contained in article 22 of this chapter, in addition to this article. (Ord. No. 1645, § 18.34.020, 8-15-2005; Ord. No. 1693, § 10(18.34.020), 2-20-2007; Ord. No. 1709, § 9(18.34.020), 7-16-2007; Ord. No. 1761, exh. E(18.34.020), 7-6-2009) Sec. 38.19.030. Special development proposals; additional application require- ments, review procedures and review criteria. A.Application requirements.Applications for special development proposals (e.g., PUD, CUP, floodplain development permits, variances, etc.) shall include: 1. The required information for site plans described in section 38.41.080; 2. Any additional application information re- quired for specific reviews as listed in the following articles of this chapter: a. Article 20, Planned Unit Develop- ment; b. Article22,StandardsforSpecificUses; c. Article 29, Telecommunications; d. Article 31, city floodplain regulations; e. Article 35, Appeals, Deviations and Variance Procedures; and f. Article 41, Submittal Materials and Requirements. B.Review procedures and review criteria. Addi- tional review procedures and review criteria for specific development proposals are defined in the following articles of this chapter: 1. Section 38.19.100, conditional use proce- dure; 2. Article 20, Planned Unit Development; 3. Article 22, Standards for Specific Uses; 4. Article 29, Telecommunications; 5. Article 31, city floodplain regulations; and 6. Article35, Appeals, Deviations and Vari- ance Procedures. (Ord. No. 1645, § 18.34.030, 8-15-2005; Ord. No. 1693, § 10(18.34.030), 2-20-2007; Ord. No. 1709, § 9(18.34.030), 7-16-2007; Ord. No. 1761, exh. E(18.34.030), 7-6-2009) Sec. 38.19.040. Review authority. A. The city commission, board of adjustment and planning director have the review authority established in section 38.34.010 and this chapter. B. The development review committee, design review board, administrative design review staff, and wetlands review board have the review author- ity established in article 33 of this chapter. § 38.19.020 BOZEMAN MUNICIPAL CODE CD38:96PROOFS C. Site plan design review thresholds. When a development is subject to design review and meets one or more of the following thresholds the design review board shall have responsibility for conduct- ing the design review. 1. 20 or more dwelling units in a multiple household structure or structures; 2. 30,000 or more square feet of office space, retail commercial space, service commer- cial space or industrial space; 3. More than two buildings on one site for permitted office uses, permitted retail com- mercial uses, permitted service commercial uses, permitted industrial uses or permitted combinations of uses; 4. 20,000 or more square feet of exterior storage of materials or goods; or 5. Parking for more than 60 vehicles. (Ord. No. 1645, § 18.34.040, 8-15-2005; Ord. No. 1670, § 18.34.040, 8-28-2006; Ord. No. 1693, § 10(18.34.040), 2-20-2007; Ord. No. 1709, § 9(18.34.040), 7-16-2007; Ord. No. 1761, exh. E(18.34.040), 7-6-2009) Sec. 38.19.050. Sketch plan review. A.Sketch plan submittal requirements. 1. Certain independent development propos- als (i.e., not in conjunction with other development) are required to submit only sketch plans meeting the requirements of section 38.41.110. 2. Separate construction plans are necessary for building permits when the proposal requires such permits. Additional informa- tion is also necessary when the proposal requires the issuance of a certificate of appropriateness (see sections 38.19.110 and 38.41.090). 3. Examples of independent projects which qualify for sketch plan review are: individ- ual single-household, two-household, three- household, and four-household residential units, each on individual lots and indepen- dent of other site development; accessory dwelling units in the R-2, R-3 and R-4 districts; manufactured homes on individ- ual lots; fences; signs in compliance with the requirements of this chapter; regulated activities in areas with regulated wetlands not in conjunction with a land development proposal; grading of sites disturbing more than one-eighth but less than one-half acre, or movement of more than 30 but less than 100 cubic yards of material, or cut or fill of less than one cumulative foot, whichever is less; special temporary uses; and accessory structures associated with these uses. Other similar projects may be determined by the planning director to require only sketch plan review. The planning director shall determine all submittal requirements. Proj- ects which do not require sketch plan re- view may still require review and permit- ting for non-zoning issues. B.Sketch plan review procedures. 1.No certificate of appropriateness required. Sketch plans for projects which do not require a certificate of appropriateness shall be submitted to the planning department staff for a determination of compliance with the requirements of this chapter. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. 2.Certificate of appropriateness required. Sketch plans, including the material re- quired by section 38.41.090, and such ad- ditional information as may be required for projects which require a certificate of ap- propriateness as per section 38.19.110 shall be submitted to the ADR staff, who shall review the proposal for compliance with this chapter, including compliance with the applicableoverlaydistrictrequirements.Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. Re- view and approval authority for sketch § 38.19.050UNIFIED DEVELOPMENT CODE CD38:97PROOFS plans that require certificates of appropri- ateness shall rest with the DRB if the ADR staff consists of less than two members. C.Sketch plan review criteria.Sketch plans shall be reviewed for compliance with all applicable requirements of this chapter including overlay dis- trict requirements and the cessation of any current violations of this chapter, exclusive of any legal nonconforming conditions. Plan changes may be required. (Ord. No. 1645, § 18.34.050, 8-15-2005; Ord. No. 1693, § 10(18.34.050), 2-20-2007; Ord. No. 1709, § 9(18.34.050), 7-16-2007; Ord. No. 1761, exh. E(18.34.050), 7-6-2009) Sec. 38.19.060. Application of site plan review procedures. A. These procedures shall apply to all develop- ments within the city except for development pro- posals specified as requiring only sketch plan re- view. B. The preliminary site plan shall be submitted and approved, and final site plan approval received, prior to the issuance of any building permit. C. No occupancy permits shall be issued for any development for which site plan review is required until certification has been provided demonstrating that all terms and conditions of site plan approval have been complied with. D. Unless a deviation or variance is explicitly sought and granted in association with a site plan, all standards of this chapter apply whether explic- itly mentioned in the record of the review or not.An omission or oversight of a nonconformity with the standards of this chapter in the site plan shall not constitute approval of such nonconformance. Any nonconformance which was not the subject of an explicitly approved deviation or variance may be required to be cured at such time the city becomes aware of the nonconforming condition's existence. E. In the event that the volume of site develop- ment applications submitted for review exceeds the ability of the city to process them simultaneously, preference in order of scheduling will be given to those projects which provide the most affordable housing in excess of minimum requirements, as measured by the total number of affordable units. (Ord. No. 1645, § 18.34.060, 8-15-2005; Ord. No. 1693, § 10(18.34.060), 2-20-2007; Ord. No. 1709, § 9(18.34.060), 7-16-2007; Ord. No. 1761, exh. E(18.34.060), 7-6-2009) Sec. 38.19.070. Site plan review procedures. A. Acceptability and adequacy of application. 1. The planning department shall review the application for acceptability within five working days to determine that the applica- tion does not omit any of the submittal elements required by this chapter. If the application does not contain all of the required elements, the application, review fee and a written explanation of what the application is missing shall be returned to the property owner or their representative. The five working day review period will be considered met if the letter is dated, signed and placed in the outgoing mail within the five-day review period. 2. After the application is deemed to contain the required elements and to be acceptable, it shall be reviewed for adequacy. A deter- mination of adequacy means the applica- tion contains all of the required elements in sufficient detail and accuracy to enable the applicable review agency to make a deter- mination that the application either does or does not conform to the requirements of this chapter and any other applicable regu- lations under the jurisdiction of the city. The review for adequacy shall be con- ducted by the appropriate agency with ex- pertise in the subject matter. The adequacy review period shall begin on the next work- ing day after the date that the planning department determines the application to contain all the required elements and shall be completed within not more than 15 working days. The 15 working day review § 38.19.050 BOZEMAN MUNICIPAL CODE CD38:98PROOFS period will be considered met if the letter is dated, signed and placed in the outgoing mail within the 15 working day review period. If the application is inadequate, a written explanation of why the application is inadequate will be returned to the prop- erty owner. Upon a determination of ade- quacy the review of the development will be scheduled. a. In the event the missing information is not received by the city within 15 working days of notification to the property owner of inadequacy, all ap- plication materials and one-half of the review fee shall be returned to the property owner or their representa- tive. Subsequent resubmittal shall re- quire payment of a review fee as if it were a new application. b. A determination that an application is adequate does not restrict the city from requesting additional informa- tion during the site plan review pro- cess. 3. Should the property owner choose not to provide the required information after an application has been found unacceptable, nor to accept return of the application and accompanying fee, the application may be processed by the city with the recognition by the property owner that unacceptability is an adequate basis for denial of the application regardless of other merit of the application. 4. The DRC may grant reasonable waivers from submittal of application materials re- quired by these regulations where it is found that these regulations allow a waiver to be requested and granted. If in the opinion of the final approval authority the waived materials are necessary for proper review of the development, the materials shall be provided before review is com- pleted. 5. In order to be granted a waiver the appli- cant shall include with the submission of the preliminary site plan a written statement describing the requested waiver and the reasons upon which the request is based. The final approval body shall then consider each waiver at the time the preliminary site plan is reviewed. All waivers must be identified not later than initial submittal of the preliminary site plan stage of review. B. Site plans shall be reviewed by the review bodies established by article 33 of this chapter and according to the procedures established by this chapter. After review of the applicable submittal materials required by article 41 of this chapter and upon recommendation by the appropriate review bodies, the planning director, board of adjustment, or city commission shall act to approve, approve with conditions or deny the application, subject to the appeal provisions of article 35 of this chapter. The basis for the planning director's, board of adjustment's, or city commission's action shall be whether the application, including any required conditions, complies with all the applicable stan- dards and requirements of this chapter, including section 38.01.050. 1.Site plan.The planning director shall pro- vide an opportunity for the public to com- ment upon development proposals. The du- ration of the initial comment period shall be included in any notice required by article 40 of this chapter. The comment period shall be from the date of the first consider- ation of the complete preliminary plan and supplementary materials by the DRC until 5:00 pm on the third working day after DRC and other review bodies as may be appropriate have taken action regarding the proposal. a. The planning director, after receiving the recommendations of the DRC, ADR, DRB or WRB, shall act to approve, approve with conditions or deny an application within ten work- ing days of the close of the public § 38.19.070UNIFIED DEVELOPMENT CODE CD38:99PROOFS comment period. The planning direc- tor's decision shall be in writing and shall include any special conditions which are to be applied to the devel- opment. (1) After formal notice of a project review has been given, inter- ested parties may request in writ- ing to receive a copy of the director's decision regarding an application. Persons making such a request shall provide an ad- dressed envelope for use in de- livering their copy of the deci- sion. 2.Site plan with deviations or variances and conditional use permits.The board of ad- justment shall provide an opportunity for the public to comment upon a proposed site plan or conditional use permit. The ending date of the comment period shall be in- cluded in the notice required by article 40 of this chapter. The comment period shall be from the date of the first consideration of the complete preliminary plan and supple- mentary materials by the DRC until the decision by the board of adjustment. a. The board of adjustment, after receiv- ing the recommendations of the DRC, ADR, DRB or WRB, shall act to approve, approve with conditions or deny an application. The board of adjustment's decision shall be in writ- ing and shall include any special con- ditions which are to be applied to the development. 3.Master site plan.The city commission shall provide an opportunity for the public to comment upon a proposed master site plan. The duration of the comment period shall be included in any notice required by article 40 of this chapter. The comment period shall be from the date of the first consider- ation of the complete preliminary plan and supplementary materials by the DRC until the decision by the city commission. a. The city commission, after receiving the recommendations of the DRC, ADR, DRB or WRB, shall act to approve, approve with conditions or deny an application. The city commis- sion's decision shall be in writing and shall include any special conditions which are to be applied to the devel- opment. (Ord. No. 1645, § 18.34.070, 8-15-2005; Ord. No. 1670, § 18.34.070, 8-28-2006; Ord. No. 1693, § 10(18.34.070), 2-20-2007; Ord. No. 1709, § 9(18.34.070), 7-16-2007; Ord. No. 1761, exh. E(18.34.070), 7-6-2009) Sec. 38.19.080. Application for conditional use permit; notice requirements. A. The person applying for a conditional use permit shall fill out and submit to the planning director the appropriate form with the required fee. The request for a conditional use permit shall follow the procedures and application requirements of this article. B. In consideration of all conditional use permit applications, a public hearing shall be conducted by the board of adjustment. Notice of the board of adjustment public hearing shall be provided in accordance with article 40 of this chapter. C. If a rezoning is required prior to approval of a conditional use permit, the application for rezon- ing and the conditional use permit may be filed and acted upon simultaneously; however, the condi- tional use permit shall not be effective until zoning has been approved by the city commission. (Ord. No. 1645, § 18.34.080, 8-15-2005; Ord. No. 1670, § 18.34.080, 8-28-2006; Ord. No. 1693, § 10(18.34.080), 2-20-2007; Ord. No. 1709, § 9(18.34.080), 7-16-2007; Ord. No. 1761, exh. E(18.34.080), 7-6-2009) § 38.19.070 BOZEMAN MUNICIPAL CODE CD38:100PROOFS Sec. 38.19.090. Site plan and master site plan review criteria. A. In considering applications for site plan ap- proval under this chapter, the planning director, board of adjustment, city commission, DRC, and when appropriate, the ADR staff, DRB or WRB shall consider the following: 1. Conformance to and consistency with the city's adopted growth policy; 2. Conformance to this chapter, including the cessation of any current violations; 3. Conformance with all other applicable laws, ordinances and regulations; 4. Relationship of site plan elements to con- ditions both on and off the property, includ- ing: a. Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development relative to architectural design, building mass andheight,neighborhoodidentity,land- scaping, historical character, orienta- tion of buildings on the site and visual integration; b. Design and arrangement of the ele- ments of the site plan (e.g., buildings, circulation, open space and landscap- ing, etc.) so that activities are inte- grated with the organizational scheme of the community, neighborhood, and other approved development and pro- duce an efficient, functionally orga- nized and cohesive development; c. Design and arrangement of elements of the site plan (e.g., buildings circu- lation, open space and landscaping, etc.) in harmony with the existing natural topography, natural water bod- ies and watercourses, existing vegeta- tion, and to contribute to the overall aesthetic quality of the site configura- tion; and d. Iftheproposedprojectislocatedwithin a locally designated historical district, or includes a locally designated land- mark structure, the project is in con- formance with the provisions of arti- cle 16 of this chapter; 5. The impact of the proposal on the existing and anticipated traffic and parking condi- tions; 6. Pedestrian and vehicular ingress, egress and circulation, including: a. Design of the pedestrian and vehicular circulation systems to ensure that pe- destrians and vehicles can move safely and easily both within the site and betweenpropertiesandactivitieswithin the neighborhood area; b. Non-automotive transportation and cir- culation systems design features to enhance convenience and safety across parking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lighting; c. Adequate connection and integration of the pedestrian and vehicular trans- portation systems to the systems in adjacent developments and general community; and d. Dedication of right-of-way or ease- ments necessary for streets and simi- lar transportation facilities; 7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space and pedestrian areas, and the preservation or replacement of natural veg- etation; 8. Open space, including: a. The enhancement of the natural envi- ronment; b. Precautions being taken to preserve existing wildlife habitats or natural wildlife feeding areas; § 38.19.090UNIFIED DEVELOPMENT CODE CD38:101PROOFS c. If the development is adjacent to an existing or approved public park or public open space area, have provi- sions been made in the site plan to avoid interfering with public access to and use of that area; d. Is any provided recreational area suit- ably located and accessible to the residential units it is intended to serve and is adequate screening provided to ensure privacy and quiet for neighbor- ing residential uses; e. Open space shall be provided in ac- cordance with article 27 of this chap- ter; f. Park land shall be provided in accor- dance with article 27 of this chapter. 9. Building location and height; 10. Setbacks; 11. Lighting; 12. Provisions for utilities, including efficient public services and facilities; 13. Site surface drainage and stormwater con- trol; 14. Loading and unloading areas; 15. Grading; 16. Signage; 17. Screening; 18. Overlay district provisions; 19. Other related matters, including relevant comment from affected parties; and 20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirements of this chapter, whether the lots are either: a. Configured so that the sale of individ- ual lots will not alter the approved configuration or use of the property or cause the development to become non- conforming; or b. The subject of reciprocal and perpet- ual 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 develop- ment to become nonconforming; 21. Compliance with chapter 10, article 8. B. In considering applications for master site plan approval under this chapter, the city commis- sion, DRC, and when appropriate, the ADR staff, DRB or WRB shall consider the following: 1. Conformance to and consistency with the city's adopted growth policy; 2. Conformance to this chapter, including the cessation of any current violations; 3. Conformance with all other applicable laws, ordinances and regulations; 4. A generalized site plan showing the orien- tation and relationships among key plan elements both on and off the property, including: a. Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods in terms of overall site organization and building mass and height; b. Arrangement of the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the structure of the surrounding area and produce an efficient, functionally or- ganized and visually cohesive devel- opment that contributes to the overall aesthetic quality of the area; c. Iftheproposedprojectislocatedwithin a locally designated historical district, or includes a locally designated land- mark structure, a statement describing how the project is in conformance with the provisions of article 16 of this chapter; and § 38.19.090 BOZEMAN MUNICIPAL CODE CD38:102PROOFS d. Description of many elements in a master site plan may be described in written and/or graphic formats which- ever provides the superior form of communication; 5. A statement accompanying the site plan describingthegeneralizedarchitecturalchar- acter and its relationship to and compatibil- ity with the historical character of the area, generalized landscape concept including treatment of public space and relationship to the surrounding area, and visual and aesthetic integration of the proposed devel- opment into the surrounding area and its effect on the identity of the adjacent neigh- borhood; 6. The impact of the proposed development on the existing and anticipated traffic and parking conditions, including identification of the traffic generation and parking needs of individual plan elements; 7. Pedestrian and vehicular ingress, egress and circulation, including: a. Overall pedestrian and vehicular cir- culation systems to ensure that pedes- trians and vehicles can move safely and easily both within the site and betweenpropertiesandactivitieswithin the neighborhood area; b. Non-automotive transportation and cir- culation systems design features to enhance convenience and safety across parking lots and streets; c. Adequate connection and integration of the pedestrian and vehicular trans- portation systems to the systems in adjacent developments and general community; and d. Dedication and/or abandonment of rights-of-way or easements necessary for efficient land use and accompany- ing streets and related transportation facilities; 8. Open space, if required under the zoning classification of the proposed development, including: a. Enhancement of the natural environ- ment; b. Precautions being taken to preserve existing wildlife habitats or natural wildlife feeding areas; c. Provisions to avoid interfering with public access to and use of any adja- cent parks and other open space; d. Provision of recreational areas suit- ably located and configured, and ac- cessible to the residential units it is intended to serve; and e. Adequacy of open space as required within this chapter; f. Open space shall be provided in ac- cordance with article 27 of this chap- ter; g. Park land shall be provided in accor- dance with article 27 of this chapter; 9. Generalized building gross area (square feet), building locations, building enve- lopes, and building heights; 10. Setbacks; 11. Generalized lighting concept as pertains to public safety; 12. Generalized provisions for utilities, includ- ing efficient public services and facilities; 13. Generalized site surface drainage and stormwater control; 14. Generalized locations of loading and un- loading areas; 15. Generalized grading; 16. Statement regarding proposed signage; 17. Statement regarding screening of trash, out- door storage and utility areas; 18. Overlay district provisions where applica- ble; and § 38.19.090UNIFIED DEVELOPMENT CODE CD38:103PROOFS 19. Other related matters, including relevant comment from affected parties. C. If the planning director, board of adjustment, or city commission, after recommendation from the DRC and, if appropriate, ADR staff, DRB and WRB shall determine that the proposed site plan or master site plan will not be detrimental to the health, safety or welfare of the community, is in compliance with the requirements of this chapter and is in harmony with the purposes and intent of this chapter and the city growth policy, approval shall be granted, and such conditions and safe- guards may be imposed as deemed necessary. Notice of action shall be given in writing. D. Site plan approval or master site plan ap- proval may be denied upon a determination that the conditions required for approval do not exist. Per- sons objecting to the recommendations of review bodies carry the burden of proof. A denial of approval shall be in writing. E. Following approval of a master site plan, the applicant shall submit to the planning department, sequential individual site plans for specific areas within the master site plan. Each subsequent appli- cation for a site plan shall be consistent with the approved master site plan and subject to the review criteria set forth in subsection A of this section. Evidence that the review criteria have been met through the master site plan review process may be incorporated by reference in order to eliminate duplication of review. (Ord. No. 1645, § 18.34.090, 8-15-2005; Ord. No. 1670, § 18.34.090, 8-28-2006; Ord. No. 1693, § 10(18.34.090), 2-20-2007; Ord. No. 1709, § 9(18.34.090), 7-16-2007; Ord. No. 1761, exh. E(18.34.090), 7-6-2009) Sec. 38.19.100. Board of adjustment consider- ation and record for conditional use permits. A. The board of adjustment, in approving a conditional use permit, shall review the application againstthereviewrequirementsofsection38.19.090. B. In addition to the review criteria of section 38.19.090, the board of adjustment shall, in approv- ing a conditional use permit, determine favorably as follows: 1. That the site for the proposed use is ade- quate in size and topography to accommo- date such use, and all yards, spaces, walls and fences, parking, loading and landscap- ing are adequate to properly relate such use with the land and uses in the vicinity; 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general wel- fare. Such conditions may include but are not limited to: a. Regulation of use; b. Special yards, spaces and buffers; c. Special fences, solid fences and walls; d. Surfacing of parking areas; e. Requiring street, service road or alley dedications and improvements or ap- propriate bonds; f. Regulation of points of vehicular in- gress and egress; g. Regulation of signs; h. Requiring maintenance of the grounds; i. Regulation of noise, vibrations and odors; j. Regulation of hours for certain activ- ities; k. Time period within which the pro- posed use shall be developed; l. Duration of use; m. Requiring the dedication of access rights; and § 38.19.090 BOZEMAN MUNICIPAL CODE CD38:104PROOFS n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. C. The board of adjustment shall, in addition to all other conditions, impose the following general conditionsuponeveryconditionalusepermitgranted: 1. That the right to a use and occupancy permit shall be contingent upon the fulfill- ment of all general and special conditions imposed by the conditional use permit pro- cedure; and 2. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, the owner's successors or assigns, shall be consented to in writing, and shall be re- corded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building per- mits, final site plan approval or commence- ment of the conditional use. D. Applications for conditional use permits may be approved, conditionally approved or denied by motion of the board of adjustment. If an application is denied, the denial shall constitute a determination that the applicant has not shown that the conditions required for approval do exist. E. The applicant shall be notified in writing of the action taken by the board of adjustment within seven working days of its action. If the conditional use permit has been granted the notification shall include any conditions, automatic termination date, period of review or other requirements. If the conditional use permit has been granted, the permit shall be issued upon the signature of the planning director after completion of all conditions and final site plan. F. Termination/revocation of conditional use per- mit approval. 1. Conditional use permits are approved based on an analysis of current local circum- stances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. Aconditional use permit will be considered as terminated and of no further effect if: a. After having been commenced, the approved use is not actively con- ducted on the site for a period of two continuous calendar years; b. Final zoning approval to reuse the property for another principal or con- ditional use is granted; c. The use or development of the site is not begun within the time limits of the final site plan approval in section 38.19.130. 2. A conditional use which has terminated may be reestablished on a site by either the review and approval of a new conditional use permit application, or a determination by the planning director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the planning director may not be appealed. If the planning director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. 3. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any condi- tions of approval or code requirements. Should there be a failure to maintain com- pliance the city may revoke the approval through the procedures outlined in section 38.34.160. (Ord. No. 1645, § 18.34.100, 8-15-2005; Ord. No. 1670, § 18.34.100, 8-28-2006; Ord. No. 1693, § 10(18.34.100), 2-20-2007; Ord. No. 1709, § 9(18.34.100), 7-16-2007; Ord. No. 1761, exh. E(18.34.100), 7-6-2009) § 38.19.100UNIFIED DEVELOPMENT CODE CD38:105PROOFS Sec. 38.19.110. Certificates of appropriateness; additionalreviewproceduresand review criteria. A.Sign proposals which do not specifically conform to the requirements of this chapter.Inde- pendent sign proposals (i.e., not in conjunction with other development) which do not specifically con- form to the requirements of this chapter, are re- quired to submit full site plans. Additional site design information, in sufficient detail to demon- strate compliance with the design objective plan, encompassing the property's location shall be pro- vided. If no design objectives plan has been pre- pared for the location, additional site design infor- mation, if necessary, shall be determined by the ADR staff. All signs shall comply with the dimen- sional standards of this chapter unless a deviation or variance has been properly granted. B.Review procedures and criteria for certifi- cates of appropriateness. 1. Certificates of appropriateness shall only be issued according to procedures and criteria specified in articles 16, 17, 20 and 33 of this chapter. 2. Sign proposals which specifically conform to the requirements of this chapter shall be reviewed according to procedures and cri- teria outlined inarticle 28 of this chapter. (Ord. No. 1645, § 18.34.110, 8-15-2005; Ord. No. 1693, § 10(18.34.110), 2-20-2007; Ord. No. 1761, exh. E(18.34.110), 7-6-2009) Sec. 38.19.120. Public notice requirements. Public notice of development proposals and ap- provals subject to this article shall be provided as required by article 40 of this chapter. (Ord. No. 1645, § 18.34.120, 8-15-2005; Ord. No. 1693, § 10(18.34.120), 2-20-2007; Ord. No. 1709, § 9(18.34.120), 7-16-2007; Ord. No. 1761, exh. E(18.34.120), 7-6-2009) Sec. 38.19.130. Final site plan. A. 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 planning department a final site plan with accompanying application form and review fee. The number of copies of the final site plan to be submitted shall be established by the planning director. The final site plan shall contain the materials required in sections 38.41.080 and 38.41.090 and whatever revisions to the preliminary site plan or master site plan are required to comply with any conditions of approval. Prior to the passage of six months, the applicant may seek an extension of not more than an addi- tional six months from the planning director. B. In addition to the materials required in sub- section A of this section, the owner shall submit a certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions. C. In addition to the materials required in sub- sections A and B of this section, the owner shall submit a statement of intent to construct according to the final site plan. Such statement shall acknowl- edge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance. D. Following approval of a final site plan, the final site plan shall be in effect for one year. Prior to the passage of one year, the applicant may seek an extension of not more than one additional year from the planning director. In such instances, the plan- ning director shall determine whether the relevant terms of this chapter and circumstances have sig- nificantly changed since the initial approval. If relevant terms of this chapter or circumstances have significantly changed, the extension of the approval shall not be granted. E. Following approval of a final master site plan, the final master site plan shall be in effect for not more than five years. Owners of property subject to the master site plan may seek appropriate extensions. Approval of an extension shall be made by the planning director. Approval shall be granted § 38.19.110 BOZEMAN MUNICIPAL CODE CD38:106PROOFS if the planning director determines that the relevant terms of this chapter and circumstances have not significantly changed since the initial approval. F. Upon approval of the final site plan by the planning director the applicant may obtain a build- ing permit as provided for by article 34 of this chapter. 1. Subsequent site plan approvals are required to implement a master site plan, and ap- proval of a master site plan does not entitle an applicant to obtain any building permits. (Ord. No. 1645, § 18.34.130, 8-15-2005; Ord. No. 1693, § 10(18.34.130), 2-20-2007; Ord. No. 1709, § 9(18.34.130), 7-16-2007; Ord. No. 1761, exh. E(18.34.130), 7-6-2009) Sec. 38.19.140. Building permits based upon ap- proved sketch or site plans. Based upon the approved sketch or final site plan (hereinafter referred to as "plan"), and after any appeals have been resolved, a building permit for the site may be requested and may be granted pursuant to article 34 of this chapter. No building permit may be granted on the basis of an approved sketch or site plan whose approval has expired. (Ord. No. 1645, § 18.34.140, 8-15-2005; Ord. No. 1693, § 10(18.34.140), 2-20-2007; Ord. No. 1709, § 9(18.34.140), 7-16-2007; Ord. No. 1761, exh. E(18.34.140), 7-6-2009) Sec. 38.19.150. Amendments to sketch and site plans. A. It is the intent of this section to ensure that issues of community concern are addressed during the redevelopment, reuse or change in use of existing facilities in the community. Specific areas of community concern include public safety, miti- gation of off-site environmental impacts and site character in relation to surroundings. The following procedures for amendments to approved plans, reuse of existing facilities and further development of sites ensure that these concerns are adequately and expeditiously addressed. B. Any amendment to or modification of a site plan or master site plan approved under the ordi- nance codified in this article (September 3, 1991 - Ordinance No. 1332) shall be submitted to the planning director for review and possible approval. Proposals for further development, reuse or change in use of sites developed pursuant to this chapter shall also be reviewed as an amendment to an approved plan. All amendments shall be shown on a revised plan drawing. Amendments to approved plans shall be reviewed and may be approved by the planning director upon determining that the amended plan is in substantial compliance with the originally approved plan. If it is determined that the amended plan is not in substantial compliance with the originally approved plan, the application shall be resubmitted as a new application and shall be subject to all standards and site plan review and approval provisions of this chapter. Substantial compliance may be shown by demonstrating that the amendments do not exceed the thresholds es- tablished in section 38.19.170.B. C. Modifications or amendments to a master site plan at the time an extension of approval is sought may be proposed by either the applicant or the city commission, and shall be based on substantive current information that indicates that relevant cir- cumstances have changed and that such circum- stances support the proposed modifications. Such circumstances may include market analyses, eco- nomic conditions, changes in surrounding land uses, changes in ownership, etc. (Ord. No. 1645, § 18.34.150, 8-15-2005; Ord. No. 1693, § 10(18.34.150), 2-20-2007; Ord. No. 1709, § 9(18.34.150), 7-16-2007; Ord. No. 1761, exh. E(18.34.150), 7-6-2009) Sec. 38.19.160. Modification or enlargement of structures authorized under a conditional use permit. Any proposed additions, enlargements or modi- fications of the structures approved in any condi- § 38.19.160UNIFIED DEVELOPMENT CODE CD38:107PROOFS tional use permit, or any proposed extension of the use into areas not approved in any such permit, shall be subject to the review procedures of this article. (Ord. No. 1645, § 18.34.160, 8-15-2005; Ord. No. 1693, § 10(18.34.160), 2-20-2007; Ord. No. 1709, § 9(18.34.160), 7-16-2007; Ord. No. 1761, exh. E(18.34.160), 7-6-2009) Sec. 38.19.170. Reuse, change in use or further development of sites developed prior to the adoption date of the ordinance from which this chap- ter is derived. A. Sites legally developed prior to the adoption date of the ordinance from which this chapter is derived shall be considered to have developed under an approved plan. Proposals for reuse, change in use or the further development of sites legally developed prior to the adoption date of the ordi- nance from which this chapter is derived may be approved by the planning director upon determining that no significant alteration of the previous use and site are proposed, and upon review by the city engineer to ensure that adequate access and site surface drainage are provided. All such proposals shall be shown on a plan drawing as required by the planning director. B. The criteria for determining that no signifi- cant alteration of the previous use and site will result from the proposed reuse, change in use or further development of a site shall include but not be limited to the following: 1. The proposed use is allowed under the same zoning district use classification as the previous use, however replacement of nonconforming uses must comply with the provisions of article 32 of this chapter; 2. Changes proposed for the site, singly or cumulatively, do not increase lot coverage by buildings, storage areas, parking areas or impervious surfaces and/or do not result in an increase in intensity of use as measured by parking requirements, traffic generation or other measurable off-site impacts; a. By more than 20 percent for develop- ments not meeting one or more of the criteria of section section 38.19.040.C; or b. By more than ten percent for devel- opments meeting or exceeding one or more of the criteria of section 38.19.040.C; 3. The proposed use does not continue any unsafe or hazardous conditions previously existing on the site or associated with the proposed use of the property. C. If it is determined that the proposed reuse, change in use or further development of a site contains significant alterations to the previous use and/or site, the application shall be resubmitted as a new application and shall be subject to all plan review and approval provisions of this article. D. When proposals for reuse, change in use or further development of a site are located in the neighborhood conservation or entryway corridor overlay districts, review by ADR staff or the DRB may be required to determine whether resubmittal as a new application is necessary. (Ord. No. 1645, § 18.34.170, 8-15-2005; Ord. No. 1693, § 10(18.34.170), 2-20-2007; Ord. No. 1709, § 9(18.34.170), 7-16-2007; Ord. No. 1761, exh. E(18.34.170), 7-6-2009) Sec. 38.19.180. Improvements to existing devel- oped sites independent of site plan review. The continued improvement of existing devel- oped sites is desired to increase the level of com- pliance with the provisions of this chapter. An applicant may propose improvements, not in asso- ciation with a site plan review, to increase confor- mity with the standards of this chapter for landscap- ing, lighting, parking or similar components of a site to occur over a defined period of time, not to exceed three years. Such improvements shall be depicted on a site plan drawn to scale and which shall be sufficiently detailed to clearly depict the current conditions, the intended end result of the proposed improvements and any phasing of work. Such improvements shall be reviewed by and ap- proved at the discretion of the planning director. § 38.19.160 BOZEMAN MUNICIPAL CODE CD38:108PROOFS The planning director may require surety in accor- dance with the terms of article 39 of this chapter for work performed. (Ord. No. 1645, § 18.34.180, 8-15-2005; Ord. No. 1693, § 10(18.34.180), 2-20-2007; Ord. No. 1709, § 9(18.34.180), 7-16-2007; Ord. No. 1761, exh. E(18.34.180), 7-6-2009) Sec. 38.19.190. Special temporary use permit. A.Generally.Uses permitted subject to a special temporary use permit are those temporary uses which are required for the proper function of the community or are temporarily required in the pro- cess of establishing a permitted use, constructing a public facility or providing for response to an emergency. Such uses shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the community. Uses permitted subject to a special temporary use permit may include: 1. Carnivals, circuses, special events of not over 72 consecutive hours; 2. Tent revival meetings; 3. Swap meets; or 4. Such other uses as the planning director may deem to be within the intent and purpose of this section. B.Application and filing fee.Application for a special temporary use permit may be made by a property owner or the owner's authorized agent. A copy of the fees is available at the planning depart- ment. Such application shall be filed with the planning director who shall charge and collect a filing fee for each such application, as provided in article 34 of this chapter. The planning director may also require any information deemed necessary to support the approval of a special temporary use permit, including site plans per this article. C.Decision.Application for a special temporary use permit shall be reviewed by the planning director who shall approve, conditionally approve or disapprove such application. Approval or condi- tional approval shall be given only when in the judgment of the planning director such approval is within the intent and purposes of this article. D.Conditions.In approving such a permit, the approval shall be made subject to a time limit and other conditions deemed necessary to ensure that there will be no adverse effect upon adjacent properties. Such conditions may include, but are not limited to, the following: 1. Regulation of parking; 2. Regulation of hours; 3. Regulation of noise; 4. Regulation of lights; 5. Requirement of bonds or other guarantees for cleanup or removal of structure or equipment; and/or 6. Such other conditions deemed necessary to carry out the intent and purpose of this section. (Ord. No. 1645, § 18.34.190, 8-15-2005; Ord. No. 1693, § 10(18.34.190), 2-20-2007; Ord. No. 1709, § 9(18.34.190), 7-16-2007; Ord. No. 1761, exh. E(18.34.190), 7-6-2009) Sec. 38.19.200. Appeals. Appeals of decisions rendered in conjunction with this article may be taken as set forth in article 35 of this chapter. In such event, any plan review approval and associated right to proceed with de- velopment shall be stayed until the appeal process has been completed. (Ord. No. 1645, § 18.34.200, 8-15-2005; Ord. No. 1693, § 10(18.34.200), 2-20-2007; Ord. No. 1709, § 9(18.34.200), 7-16-2007; Ord. No. 1761, exh. E(18.34.200), 7-6-2009) Sec. 38.19.210. Improvements. Improvements depicted on an approved site plan shall be installed subject to the requirements of article 39 of this chapter. (Ord. No. 1645, § 18.34.210, 8-15-2005; Ord. No. 1693, § 10(18.34.210), 2-20-2007; Ord. No. 1709, § 9(18.34.210), 7-16-2007; Ord. No. 1761, exh. E(18.34.210), 7-6-2009) § 38.19.210UNIFIED DEVELOPMENT CODE CD38:109PROOFS ARTICLE 20. PLANNED UNIT DEVELOPMENT Sec. 38.20.010. Intent. A. It is the intent of the city through the use of the planned unit development (PUD) concept, to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. Specifically, with regard to the improvement and protection of the public health, safety and general welfare, it shall be the intent of this chapter to promote the city's pursuit of the following community objectives: 1. To ensure that future growth and develop- ment occurring within the city is in accord with the city's adopted growth policy, its specific elements, and its goals, objectives and policies; 2. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing, recreation, shopping and employ- ment may extend to all citizens of the city area; 3. To foster the safe, efficient and economic use of land and transportation and other public facilities; 4. To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks; 5. To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flood damage; 6. Toencouragepatternsofdevelopmentwhich decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; 7. To promote the use of bicycles and walking as effective modes of transportation; 8. To reduce energy consumption and de- mand; 9. To minimize adverse environmental im- pacts of development and to protect special features of the geography; 10. To improve the design, quality and charac- ter of new development; 11. To encourage development of vacant prop- erties within developed areas; 12. To protect existing neighborhoods from the harmful encroachment of incompatible de- velopments; 13. To promote logical development patterns of residential, commercial, office and indus- trial uses that will mutually benefit the developer, the neighborhood and the com- munity as a whole; 14. To promote the efficient use of land re- sources, full use of urban services, mixed uses, transportation options, and detailed and human-scale design; and 15. To meet the purposes established in section 38.01.040. (Ord. No. 1645, § 18.36.010, 8-15-2005; Ord. No. 1693, § 11(18.36.010), 2-20-2007; Ord. No. 1709, § 10(18.36.010), 7-16-2007) Sec. 38.20.020. Applicationandusesofaplanned unit development. A. A planned unit development may be applied to any subdivision, or to any development having one or more principal uses or structures on a single parcel of real property or contiguous parcels of real property. Land use patterns and uses shall generally conform to growth policy land use designations and underlying zoning districts. Approval for an addi- tional use or combination of uses may be allowed in a planned unit development only when such addi- tional uses are consistent with the city growth policy and relevant criteria in section 38.20.090.E and are not prohibited elsewhere in this chapter. B. All planned unit developments shall consist of a harmonious arrangement of lots, uses, build- ings, parking areas, circulation and open spaces.All § 38.20.010 BOZEMAN MUNICIPAL CODE CD38:110PROOFS planned unit developments shall be designed as an integrated unit, in such a manner as to constitute a safe, efficient and convenient development. C. Any planned unit development shall be con- sidered as a conditional use within the zoning district in which it is to be located. D. The city commission retains final approval authority for planned unit developments. E. All planned unit developments shall compli- ment or be harmonious with existing adjacent development. (Ord. No. 1645, § 18.36.020, 8-15-2005; Ord. No. 1693, § 11(18.36.020), 2-20-2007; Ord. No. 1709, § 10(18.36.020), 7-16-2007) Sec. 38.20.030. Special conditions of a planned unit development. A. The following special conditions shall apply to any planned unit development: 1.Single ownership.The tract or parcel of land involved shall be either in one owner- ship or the subject of an application filed jointly by the owners of all the property to be included. 2.Title holdings.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 section 38.38.020. 3.Residential planned unit developments.The permitted number of residential dwelling units shall be determined by the provision of and proximity to public services and subject to the limitations in section 38.20.090.E.2.b. 4.Use of general building and development standards. a. All planned unit developments shall be reviewed against the development standards established in this chapter. However, in order to encourage cre- ativityanddesignexcellencethatwould contribute to the character of the com- munity, deviations from the require- ments or the standards of this chapter may be granted by the city commis- sion after considering the recommen- dations of the applicable review bod- ies established by this chapter. The PUD application shall be accompa- nied by written and graphic material sufficient to illustrate the initial and final conditions that the modified stan- dards will produce. Such written and graphic materials may include textual descriptions, site plans, renderings of proposed elevations or landscapes, or similar materials. b. All requested deviations, waivers of submittal requirements and other re- laxations of regulatory requirements shall be identified in writing at the time of preliminary plan submittal. Failure to identify such items may result in the delay of application pro- cessing in order to receive necessary materials, provide additional public notice or other curative actions. c. The city commission shall make a determination that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards of this chapter, and which will be con- sistent with the intent and purpose of this article, with the adopted goals of the city growth policy and with any relevantadopteddesignobjectivesplan. Upon deciding in favor of the devia- tion request, the city commission may § 38.20.030UNIFIED DEVELOPMENT CODE CD38:111PROOFS grant deviations, above or below min- imum or maximum standards respec- tively as established in this chapter, includingthecompleteexemptionfrom a particular standard. If the city com- mission does not determine that the proposed modified standards will cre- ate an environment, landscape quality and character superior to that pro- duced by the existing standards of this chapter, and which will be consistent with the intent and purpose of this article and with any relevant design objectives plan, then no deviation shall be granted. 5.Establishing additional standards.In addi- tion to the general building and develop- ment standards, the city shall have the right to establish general design standards, guide- lines and policies, for the purpose of imple- menting and interpreting the provisions of this article. 6.Conformance to sign code.All signs pro- posed in conjunction with a planned unit development shall be reviewed against the provisions of the city sign regulations, ar- ticle 28 of this chapter. All signage must be approved as part of the PUD and shall be designed as an integral element of the overall planned unit development. Ap- proval of signs within a planned unit devel- opment shall rest upon a determination by the city commission, as provided by the specific proposal, that the intent of the sign regulations is achieved. Signs which do not comply with article 28 of this chapter must receive a deviation. (Ord. No. 1645, § 18.36.030, 8-15-2005; Ord. No. 1693, § 11(18.36.030), 2-20-2007; Ord. No. 1709, § 10(18.36.030), 7-16-2007) Sec. 38.20.040. Planned unit development re- view procedures and criteria. A. When a subdivision is proposed in conjunc- tion with a zoning planned unit development, the subdivision review shall be coordinated with the zoning review. All steps listed in this section shall apply whether the application is for a subdivision or zoning PUD, and reference to plan includes plat unless the context clearly indicates otherwise. Ap- proval of a planned unit development shall consist of three procedural steps: preapplication, prelimi- nary plan and final plan.All subdivision PUDs shall also meet all standards for plats. 1.Preapplication review. a. A preapplication review is mandatory for all planned unit development pro- posals. b. A preapplication shall be submitted for review and discussion with the DRC, DRB, and if applicable the WRB and planning staff of the appli- cant's proposal and any requirements, standards or policies that may apply. This step represents an opportunity to identify any major problems that may exist and identify solutions to those problems before formal application. c. Preapplication review procedures. Preapplication review meetings will be held by the DRC, DRB and WRB (if applicable) and will provide guid- ance for planned unit development applications. The general outline of the planned unit development pro- posal,presentedasgraphicsketchplans, shall be submitted by the applicant to the planning department at least ten days prior to the meeting of the re- view bodies. The outline shall be reviewed by the DRC, DRB and the WRB (if applicable). Thereafter, the planning department shall furnish the applicant with written comments re- garding such submittal, including ap- propriate recommendations to inform and assist the applicant prior to pre- paring the components of the planned unit development preliminary plan ap- plication. § 38.20.030 BOZEMAN MUNICIPAL CODE CD38:112PROOFS 2.Preliminary plan review.Sufficient infor- mation shall be submitted to permit review of the land use relationships, densities and the type, size and location of the principal design elements of the planned unit devel- opment by the DRC, DRB, WRB (if appli- cable) and city commission. For a planned unit development that will be developed in phases, the developer must submit either a preliminary plan for all phases, or else submit a preliminary plan for the initial phase or phases and development guide- lines for all subsequent phases. Submittal requirements are in addition to those re- quired for site plan and conditional use permit review. a.Application process.Upon comple- tion of preapplication review and re- ceiptoftheplanningdepartment'scom- ments on the preapplication, an application for preliminary plan ap- proval may be filed with the planning department. b.Public hearings and meetings.Notice of public hearings and/or public meet- ings for any preliminary plan applica- tion shall be provided in accordance with article 40 of this chapter. c.Review criteria.In order to approve an application for a planned unit de- velopment the city commission shall determine that the application is in conformance with all applicable stan- dards, objectives and criteria of this chapter unless an appropriate devia- tion is granted. d.Recommendations.The DRC, DRB and WRB (if applicable) shall recom- mend the approval, conditional ap- proval or denial of the preliminary plan to the city commission and shall include in such recommendation the basis upon which such recommenda- tion was determined. e.Preliminary plan approval.The city commission, after conducting a public hearing, may approve, disapprove or approve with conditions the proposed planned unit development. The city commission shall issue a written re- cord of their decision to discuss and weigh the review criteria and stan- dards applicable to the PUD. 3.Final plan review and approval.The final plan must be in compliance with the ap- proved preliminary plan and/or develop- ment guidelines except as provided for in subsection 3.d of this section, and shall be reviewed DRC and ADR staff and ap- proved by the planning director. a.Application process.Upon approval or conditional approval of a prelimi- nary plan by the city commission, and the completion of any conditions im- posed in connection with that ap- proval, an application for final plan approval may be submitted. b.Review criteria; compliance with pre- liminary plan. For approval to be granted, the final plan shall be in compliance with the approved prelim- inary plan. This shall mean that all conditions imposed by the city com- mission as part of its approval of the preliminary plan have been met and: (1) The final plan does not change the general use or character of the development; (2) The final plan does not increase the amount of improved gross leasablenonresidentialfloorspace by more that five percent, does not increase the number of resi- dential dwelling units by more than five percent and does not exceed the amount of any den- sity bonus approved with the preliminary plan; § 38.20.040UNIFIED DEVELOPMENT CODE CD38:113PROOFS (3) The final plan does not decrease the open space and/or affordable housing provided; (4) The final plan does not contain changes that do not conform to the requirements of this chapter, excluding properly granted devi- ations, the applicable objectives and criteria of section 38.20.100, or other objectives or criteria of this chapter. The final plan shall not contain any changes which would allowed increased devia- tion/relaxation of the require- ments of this chapter; and (5) The final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submit- tal. c.Final plan approval.The planning director may approve the proposed planned unit development if it con- forms to the approved preliminary plan in the manner described above. Prior to final plan approval, the plan- ning director may request a recom- mendation from the DRC, ADR staff, DRB, WRB or city commission re- garding any part of a proposed final plan. If a final plat is part of the final plan submittal, the city commission shall have responsibility to approve the final plat. (1) Final plats associated with a PUD shall be subject to the require- ments of sections 38.03.060 and 38.41.070. d.Amendments to final plan.Building permitsandotherdevelopmentapprov- als shall be issued on the basis of the approved final plan and any condi- tions of approval. No city administra- tive personnel are permitted to issue permits for improvements which are not indicated on the approved final plan with the exception of the follow- ing: (1)Minor changes. (a) Minor changes to a planned unit development may be approved administratively and in writing, if at all, by theplanningdirector,where- upon a permit may be is- sued. Such changes may be authorized without addi- tional public hearings at the discretion of the planning director.Thisprovisionshall not prohibit the planning director from requesting a recommendation from the DRB, DRC, ADR staff, WRB or city commission. (b) Minor changes shall be de- fined as follows: (i) Those developments that do not change the character of the devel- opment; (ii) An increase of less than five percent in the approved number of residential dwell- ing units; (iii) An increase of less than five percent in the approved gross leasable floor areas of retail, service, office and/orindustrialbuild- ings; (iv) A change in building location or placement less than 20 percent of the building width without compromis- ing requirements of the UDO; § 38.20.040 BOZEMAN MUNICIPAL CODE CD38:114PROOFS (v) An increase in the number of lots less thantwopercentwith- outincreasingtheden- sity by more than five percent. This is appli- cable only to zoning PUD plans, not sub- division PUD plats; (vi) The final plan shall not contain any changes which would allow increased devi- ation/relaxation of the requirements of this chapter; and/or (vii) The final plat, if ap- plicable, does not cre- ate any additional lots which were not re- viewed as part of the preliminary plan sub- mittal. (c) When a planned unit devel- opment has been prepared in sufficient detail to ad- dress the concerns of arti- cle 19 of this chapter in- cluding but not limited to general building envelopes, design character of build- ings, and landscaping for some or all of the parcels within its boundaries the final site development plans may be reviewed as an amendment to the PUD fi- nal plan. The intention to use this provision must be part of the initial submittal and review of the PUD. (2)Major changes. (a) Major changes to a planned unit development shall be approved, if at all, only by the city commission, and must follow the same planned unit development review and public hearing process required for ap- proval of preliminary plans. The final plan shall not contain any changes which would allow increased de- viation/relaxation of the re- quirements of this chapter without being individually noticed and reviewed for the proposed change. (b) Major changes shall be de- fined as follows: (i) A change in the char- acter of the develop- ment; (ii) An increase of greater than five percent in the approved number of residential dwell- ing units; (iii) An increase of greater than five percent in the approved gross leasable floor areas of retail, service, office and/orindustrialbuild- ings; (iv) Areduction in the ap- proved open space and/or affordable housing units pro- vided; (v) A change in the loca- tion and placement of buildings; and/or (vi) An increase in the number of lots above what was approved through the prelimi- nary plan review.This is applicable only to § 38.20.040UNIFIED DEVELOPMENT CODE CD38:115PROOFS zoningPUDplans,not subdivisionPUDplats. The final plat, if ap- plicable, may not cre- ate any additional lots which were not re- viewed as part of the preliminary plan sub- mittal. (Ord. No. 1645, § 18.36.040, 8-15-2005; Ord. No. 1693, § 11(18.36.040), 2-20-2007; Ord. No. 1709, § 10(18.36.040), 7-16-2007) Sec. 38.20.050. Plan submittal requirements. For each stage of the review process, the appli- cable information and data described in article 41 of this chapter shall be submitted unless the planning director determines that the information is unnec- essary for the proper evaluation of the development based on the evaluation of the preapplication re- view. Only after the planning department has deter- mined that all required information has been sub- mitted will the application be processed. When a proposed PUD includes both a subdivision and zoning component, a coordinated application on a form to be provided by the planning department shall be used to coordinate submittal materials and prevent redundant requirements. (Ord. No. 1645, § 18.36.050, 8-15-2005; Ord. No. 1693, § 11(18.36.050), 2-20-2007; Ord. No. 1709, § 10(18.36.050), 7-16-2007) Sec. 38.20.060. Duration of planned unit devel- opment approval. A.Duration of preliminary plan approval.The provisions of this subsection A do not apply to subdivision elements of a PUD. 1. Within a maximum of one year following the approval of a preliminary plan, the applicant shall file with the planning depart- ment a final plan in detailed form covering the entirety, or one or more phases, of the development. 2. Upon application and for good cause, the planning director may administratively ex- tend the period for filing a final plan for twosuccessivesix-monthperiods.Thegrant- ing of administrative extensions under this section may, at the discretion of the plan- ning director, be referred to the city com- mission. 3. Any additional six-month extensions to the planned unit development shall be ap- proved, if at all, only by the city commis- sion. A request for extension of preliminary approval under this section must be submit- ted to the planning director in writing by the applicant at least 30 calendar days prior to the date of expiration. Failure to submit a written request within the specified time period shall cause forfeiture of the right to extension of preliminary approval. 4. If no final plan is filed covering all or any portion of the preliminary plan within the above time limits, the right to proceed under the preliminary plan shall expire for any portion of the preliminary plan for which a final plan has not been timely filed. B.Duration of final plan approval. 1. The applicant must undertake and complete the development of an approved final plan within two years from the time of final plan approval. For the purposes of this section, a development is substantially complete once all engineering improvements (water, sewer, streets, curbs, gutter, streetlights, fire hy- drants and storm drainage) are installed and completed in accordance with city rules and regulations. Extensions for two successive periods of six months may be administra- tively granted by the planning director. The granting of administrative extensions under this section may, at the discretion of the planning director, be referred to the city commission. 2. Any additional six-month extensions to the planned unit development shall be ap- proved, if at all, only by the city commis- sion. A request for extension of final ap- § 38.20.040 BOZEMAN MUNICIPAL CODE CD38:116PROOFS proval under this section must be submitted to the planning director in writing by the applicant at least 30 days prior to the date of expiration. Failure to submit a written request within the specified time period shall cause forfeiture of the right to exten- sion of final approval. Failure to develop within the specified time limit and improve- ment requirements shall cause a forfeiture of the right to proceed under the final plan and require resubmission of all materials and reapproval of the same through the preliminary plan procedures. 3. The timing of all extensions of final plan approval shall be coordinated with the ap- proval period established for any subdivi- sion plat approval that is part of the PUD so that any expiration dates are consistent. 4. Final plan approval may occur multiple times under the provisions for phased PUDs described in section 38.20.070. (Ord. No. 1645, § 18.36.060, 8-15-2005; Ord. No. 1693, § 11(18.36.060), 2-20-2007; Ord. No. 1709, § 10(18.36.060), 7-16-2007) Sec. 38.20.070. Phasing of planned unit devel- opments. A.Applications for phased planned unit devel- opments.If a planned unit development is intended to be developed over time in two or more separate phases, application for approval of a phased planned unit development shall follow procedures estab- lished for preapplication review as outlined in this article. After preapplication review is completed, phased PUDs may be proposed in accordance with one of the following procedures: 1.Application for simultaneous approval of all phases of the PUD. a. Where all phases of a PUD are planned in detail, an application for approval of all phases of the PUD may be made in accordance with preliminary plan review and approval procedures out- lined in this article. In such cases, preliminary plans and all required sup- plemental information shall clearly set forth phased development boundaries, schedules and other details pertaining to the phasing of the project. b. Upon approval of the preliminary plan for all phases of the PUD, each phase of the development may occur in ac- cordance with the review and ap- proval procedures for final plans as specified in this article. 2.Application for approval of initial phase of the PUD with subsequent phases master planned and subject to development guide- lines.Where the applicant wishes to gain preliminary and final approval for the ini- tial phase of a PUD, and further wishes to gain master plan and development guide- lines approval for subsequent phases of the PUD, preliminary and final plan review and approval procedures for the initial phase shall be followed in accordance with this article. A master plan and development guidelines for the remaining phases of the development shall be provided for review and approval as outlined in subsection B of this section. B.Phased PUD approval process.Master plans and development guidelines shall be reviewed and approved according to the procedures established for preliminary plans as established in this article. When a master plan and development guidelines for a phased PUD have been reviewed and approved by the city commission, each phase of the PUD may be developed in accordance with the review and ap- proval procedures set forth in this article for final plan reviews. C.Phased PUD review criteria. 1. In general, the review criteria for phased preliminary and final PUDs shall be the same as that for PUDs as set forth in this chapter. 2. In those cases where master plans and development guidelines are proposed to § 38.20.070UNIFIED DEVELOPMENT CODE CD38:117PROOFS govern the development of future phases of the PUD, the city commission must deter- mine that the proposed master plan and development guidelines are provided in sufficient detail to support a determination that the phased PUD will comply with all requirements for PUD approval if devel- oped in accordance with the approved mas- ter plan and development guidelines. 3. DRB or ADR staff, as applicable, and DRC review and approval of preliminary and final plans, for those phases of a PUD which have an approved master plan and development guidelines, shall ensure com- pliance and consistency with said master plan and development guidelines. 4. Should DRC, DRB or ADR staff, as appli- cable, determine that proposals to develop subsequent phases of a PUD are not in compliance with the approved master plan and development guidelines, the determina- tion may be appealed to the city commis- sion subject to the provisions of article 35 of this chapter. D.Phased planned unit development submittal requirements. 1.Master plan submittal requirements.Master plans for phased PUDs shall consist of a detailed site plan depicting: a. Existingconditionsfortheentirephased PUD as required by section 38.41.120.A.2 and 3; and b. Proposed conditions pertaining to such elements as building location, open spaces, vehicular and pedestrian cir- culation, and boundaries of the indi- vidual phases of the PUD in as much detail as is required by the evaluation of the preapplication review as out- lined in this article. 2.Development guidelines submittal require- ments.Development guidelines for phased PUDs shall be submitted to the planning director as part of the application submittal in one or more orderly documents. Each document shall contain a table of contents and shall be in an 81/2- by 11-inch vertical format, bound to open flat for review. All graphic representations shall be in 81/2- by 11-inch or 11- by 17-inch format. Develop- ment guidelines for phased PUDs shall contain the information as is required by the evaluation of the preapplication review as outlined in this article. Such information may include, but is not limited to, the following: a. A description of submittal require- ments and review procedures for the approval of preliminary and final plans submitted in accordance with the mas- ter plan and development guidelines (to be developed with the assistance of staff); b. Adescription of the coordination with any other applicable review proce- dures, e.g., subdivision review; c. A complete list of proposed or poten- tial land uses; d. Sign guidelines: type, location, de- sign, illumination, size and height; e. Perimeter buffering guidelines with specific regard to adjoining land uses; f. Landscaping guidelines, including a description of the landscaping theme in relation to the streetscape, the build- ings on site, and any proposed signage, open space treatment, parking and circulation areas, display areas and screening; g. Design guidelines for outdoor storage and/or display; h. Protective covenants which may in- clude requirements, property owners' association provisions, provisions for maintenance, etc.; § 38.20.070 BOZEMAN MUNICIPAL CODE CD38:118PROOFS i. Parking: guidelines for design, provi- sion for shared facilities, circulation between lots, coordination with side- walk system, and service areas; j. Dimensional requirements: building heights, setbacks (interior and perim- eter), open space, etc.; k. Lighting; l. Architectural guidelines; m. Provisions for utilities, communica- tions and refuse; n. Guidelines for noise, emissions, glare, hazardous materials, etc.; and o. Improvements schedule. E.Open space provisions for phased PUD de- velopments.If a project is to be built in phases, each phase shall include an appropriate share of the proposed recreational, open space, affordable hous- ing and other site and building amenities of the entire development used to meet the requirements of section 38.20.090.E.2. The appropriate share of the amenities for each phase shall be determined for each specific project at the time of preliminary approval and shall not be based solely upon a proportional or equal share for the entire site. Requirements may be made for off-site improve- ments on a particular phased project. F.Final plans for phased PUD developments. Final plans for a planned unit development may be submitted in phases. The final plan shall conform to the preliminary plan of a planned unit development, as approved. G.Duration of phased PUD development guide- lines approval.Within a maximum of five years following the approval of development guidelines for a planned unit development, development must commence or the development guidelines must be reviewed for renewal. Any subsequent approvals of a preliminary plan must conform to the develop- ment guidelines. (Ord. No. 1645, § 18.36.070, 8-15-2005; Ord. No. 1693, § 11(18.36.070), 2-20-2007; Ord. No. 1709, § 10(18.36.070), 7-16-2007) Sec. 38.20.080. Enforcementofapprovalrequire- ments and conditions. A. The occurrence of either of the following events may subject the applicant to the enforcement remedies contained in article 34 of this chapter: 1. Failure to comply with any terms, condi- tions or limitations contained on the site plan, landscape plan, building elevations or other approved documents pertaining to a planned unit development which has re- ceived final approval from the city. 2. Failure to comply with any conditions on record imposed by the city commission upon its review of the master or preliminary plans, or any conditions imposed by the DRC or ADR through the review of the final plan for the planned unit development, under the provisions of article 20 of this chapter, Planned Unit Development (PUD). (Ord. No. 1645, § 18.36.080, 8-15-2005; Ord. No. 1693, § 11(18.36.080), 2-20-2007; Ord. No. 1709, § 10(18.36.080), 7-16-2007) Sec. 38.20.090. Planned unit development de- sign objectives and criteria. A.General.For any planned unit development proposal to be approved it must first be found, by the city commission, after recommendation from the DRC, DRB or WRB (if applicable), to be in compliance with this chapter including any appli- cable criteria of this section. B.Land use classifications. 1. The design objectives and criteria with which a planned unit development proposal must comply are dependent upon the des- ignated growth policy land use classifica- tion and zoning district of the site proposed for the planned unit development. 2. All planned unit developments are re- viewed against the objectives and criteria designated for all development. Each indi- vidual planned unit development is then reviewed against the objectives and criteria § 38.20.090UNIFIED DEVELOPMENT CODE CD38:119PROOFS established for the land use classification of the site on which the proposal is to be located. A planned unit development must satisfy all the objectives and criteria of all applicable groups. 3. In evaluating planned unit developments, the city may determine that certain criteria are not applicable or are irrelevant to a particular development proposal and there- fore do not apply to that proposal unless those criteria are applicable to a deviation which is being sought by the applicant. Subsection E of this section contains the groups of objectives and criteria against which planned unit developments are re- viewed. C.Evaluation process.The acceptability and performance of a planned unit development pro- posal shall be evaluated as follows: Each of the relevant objectives and criteria for the applicable land use classification and for all development contained in subsection E of this section, will be answered "Yes," "No" or "Not Applicable" (NA). A "No response" to any of the applicable objectives and criteria will automatically preclude the devel- opment proposal from further consideration and eventual approval, unless a deviation is granted by the city commission. An objective or criterion is considered to be applicable if it can reasonably be applied to the development proposal. The applicant shall clearly demonstrate how the planned unit development specifically addresses each applicable objective and criterion. D.Responsibility for impact mitigation.To pro- tect the character of new and existing neighbor- hoods against intrusive and disruptive development, any negative or adverse impacts shall be effectively mitigated in the planned unit development plan, as per the following guidelines: 1. When two adjacent parcels are developed simultaneously, the responsibility for miti- gating conflicts is upon the more intense use. 2. When a use is the first to develop on two adjacent vacant parcels, the first use shall provide the necessary buffer to any reason- able future use as determined by the city. 3. The second use to develop shall, at the time it develops, take all additional steps neces- sary to mitigate conflicts. 4. However, when a planned unit develop- ment includes a use or uses which are not otherwise permitted in the underlying zon- ing district, the responsibility for impact mitigation shall lie exclusively with the planned unit development proposal. E.Design objectives and PUD review criteria. 1. The city will determine compatibility of a project based upon the evidence presented during evaluation of the community design objectives and criteria of this chapter. 2. In addition to the criteria for all site plan and conditional use reviews, the following criteria will be used in evaluating all planned unit development applications. a. All development. All land uses within a proposed planned unit development shall be reviewed against, and comply with, the applicable objectives and criteria of the mandatory "all develop- ment" group. (1) Does the development comply with all city design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation com- panies, fire protection, electric- ity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? (2) Does the project preserve or re- place existing natural vegeta- tion? (3) Are the elements of the site plan (e.g., buildings, circulation, open § 38.20.090 BOZEMAN MUNICIPAL CODE CD38:120PROOFS space and landscaping, etc.) de- signed and arranged to produce an efficient, functionally orga- nized and cohesive planned unit development? (4) Does the design and arrange- ment of elements of the site plan (e.g., building construction, ori- entation, and placement; trans- portation networks; selection and placement of landscape materi- als; and/or use of renewable en- ergy sources; etc.) contribute to the overall reduction of energy use by the project? (5) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) de- signed and arranged to maxi- mize the privacy by the residents of the project? (6) Park land. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by section 38.27.020. (7) Performance.AllPUDsshallearn at least 20 performance points. Nonresidential developments within the North 19th Avenue/ Oak Street corridor shall earn 30 points. Points may be earned in any combination of the follow- ing. The applicant shall select the combination of methods but the city may require documenta- tion of performance, modifica- tions to the configuration of open space, or other assurances that the options selected shall per- form adequately. (a)Provision of affordable housing.Exclusive of hous- ing used to satisfy chapter 10, article 8: (i) Four points for each percent of dwellings to be constructed in the residential devel- opmentwhicharepro- vided by donation to the city; or — one point for each build ready lot donated to the city for affordable housing provided by a residential or non- residential develop- ment; or (ii) One point for each percent of dwellings to be constructed in the residential devel- opmentwhicharepro- vided by long term contractual obligation to an affordable hous- ing agency, for a pe- riod of not less than 20 years, with a writ- ten plan assuring on- going affordability pricing and eligibility monitoring, and an- nual re-certification. Thecity'saffordability guidelines and subse- quent revisions shall establish affordability and eligibility; (b)Additional open space. (i) One point for each percent of the project § 38.20.090UNIFIED DEVELOPMENT CODE CD38:121PROOFS area that is provided as non-public open space; or 11/4 points for each percent of the project area that is provided as publicly accessible open space. (ii) The portion of the project to be consid- ered in determining the size of area to be provided for open space shall be the gross project area less areas dedicated and transferred to the pub- lic, and/or used to meet the park lands requirements of sub- section E.2.a.(6) of this section. The area provided for open space shall be exclu- sive of yard setbacks onindividuallyowned lots and interior park- ing lot landscaping, and subject to the per- formance standards of article 27 of this chap- ter. The area may be provided through a combination of one or more of the following means: (A) Open space within the proj- ect boundaries and commonly heldbytheprop- erty owners as- sociation for the use of owners, residents and their guests; (B) Open space within the proj- ect boundaries anddevelopedas usablerecreation space with a cor- responding pub- licuseeasement; (C) Outside of the project boundar- ies as an addi- tion to an exist- ing off-site park adequate in lo- cation and size to meet the rec- reational needs of the residents; (D) Cash-in-lieu of open space sub- ject to the stan- dards of section 38.27.030; or (E) Open space out- side of the proj- ect boundaries adequate in size and location to meet the recre- ational needs of the residential development onlywiththeap- provalofthecity commission.The site is subject to the standards of article 27 of this chapterandmust demonstrate a geographic and service relation- ship to the resi- dential develop- ment. § 38.20.090 BOZEMAN MUNICIPAL CODE CD38:122PROOFS (c)Adaptive reuse of historic buildings.Two points for each ten percent of total number of dwelling units in a residential develop- ment which are provided by the adaptive reuse of an individually listed or eligi- bletobelistedhistoricstruc- ture; one point for each ten percent of total commer- cial and/or industrial floor area which is provided by the adaptive reuse of an individually listed or eligi- bletobelistedhistoricstruc- ture; up to a total of one- third of the performance pointsrequiredtobeearned. (d)Underutilized and brownfield sites.One point for each 50 percent in- crease in the total square footage of commercial and/or industrial floor area on underutilized sites; one point for each 50 percent increase in the total num- ber of dwelling units on underutilizedsites;onepoint for each acre developed of the environmentally con- taminated land; up to a to- tal of one-third of the per- formance points required to be earned. (8) Is the development being prop- erly integrated into development and circulation patterns of adja- cent and nearby neighborhoods so that this development will not become an isolated "pad" to ad- joining development? b.Residential.Planned unit develop- ments in residential areas (R-S, R-1, R-2, R-3, R-4, RMH, R-O and NEHMU zoning districts) may in- clude a variety of housing types de- signed to enhance the natural environ- mental, conserve energy, recognize, and to the maximum extent possible, preserve and promote the unique char- acter of neighborhoods, with provi- sions for a mix of limited commercial development. For purposes of this section, "limited commercial develop- ment" means uses listed in the B-1 neighborhood service district (article 10 of this chapter), within the param- eters set forth below. All uses within the PUD must be sited and designed such that the activities present will not detrimentally affect the adjacent resi- dential neighborhood. (1) On a net acreage basis, is the average residential density in the project (calculated for residen- tial portion of the site only) con- sistent with the development den- sities set forth in the land use guidelines of the city growth policy? (2) Does the project provide for pri- vate outdoor areas (e.g., private yards, patios and balconies, etc.) for use by the residents and em- ployees of the project which are sufficient in size and have ade- quate light, sun, ventilation, pri- vacy and convenient access to thehouseholdorcommercialunits they are intended to serve? (3) Does the project provide for out- door areas for use by persons living and working in the devel- opment for active or passive rec- reational activities? (4) If the project is proposing a residential density bonus as de- scribed below, does it include a § 38.20.090UNIFIED DEVELOPMENT CODE CD38:123PROOFS varietyofhousingtypesandstyles designed to address community wide issues of affordability and diversity of housing stock? (5) Is the overall project designed to enhance the natural environ- ment, 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 maxi- mum) above the residential den- sity of the zoning district within which the project is located and which is set forth in article 8 of this chapter, does the proposed project exceed the established regulatory design standards (such as for setbacks, off-street park- ing, open space, etc.) and ensure compatibilitywithadjacentneigh- borhood development?The num- ber 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 percent- age of density bonus sought. The minimum lot area per dwelling obtained by this calculation shall be provided within the project. Those dwellings subject to chap- ter 10, article 8, shall be ex- cluded in the base density upon which the density bonus is cal- culated. (7) Limited commercial. If limited commercial development, as de- fined above, is proposed within the project, is less than 20 per- cent of the gross area of the PUD designated to be used for offices or neighborhood service activi- ties not ordinarily allowed in the particular residential zoning dis- trict? (a) If neighborhood service ac- tivities are proposed within theproject,isamarketanal- ysis provided demonstrat- ing that less than 50 per- cent of the market required to support proposed neigh- borhood service activities is located outside the im- mediate 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 lim- ited commercial develop- ment, as defined above, is the project located at the intersection of arterial streets, or arterial and col- lector streets? (c) If the project contains lim- ited commercial develop- ment, as defined above, has the project been sited and designed such that the ac- tivities present will not det- rimentally affect the adja- cent residential neighborhood and have the commercial activities been developed at a scale com- patible with residential de- velopment? (8) Does the overall PUD recognize and, to the maximum extent pos- sible, preserve and promote the unique character of neighbor- hoods in the surrounding area? c.Commercial.Planned unit develop- ments in commercial areas (B-1, B-2, § 38.20.090 BOZEMAN MUNICIPAL CODE CD38:124PROOFS B-3 and UMU zoning districts) may include either commercial or multi- household development, however ad- equate but controlled access to arterial streets is essential. Activities would include a broad range of retail and serviceestablishmentsdesignedtoserve consumer demands of the city area. (1) If the project contains any use intended to provide adult amuse- ment or entertainment, does it meet the requirements for adult businesses? (2) Is the project contiguous to an arterial street, and has adequate but controlled access been pro- vided? (3) Is the project on at least two acres of land? (4) If the project contains two or more significant uses (for in- stance, retail, office, residential, hotel/motel and recreation), do the uses relate to each other in termsoflocationwithinthePUD, pedestrian and vehicular circula- tion, architectural design, utiliza- tion of common open space and facilities, etc.? (5) Is it compatible with and does it reflect the unique character of the surrounding area? (6) Is there direct vehicular and pe- destrian access between on-site parking areas and adjacent exist- ing or future off-site parking ar- eas which contain more than ten spaces? (7) Does the project encourage infill, or does the project otherwise demonstrate compliance with the land use guidelines of the city growth policy? (8) Does the project provide for out- door recreational areas (such as additional landscaped areas, open spaces, trails or picnic areas) for the use and enjoyment of those living in, working in or visiting the development? d.Industrial.Planned unit industrial de- velopments in industrial areas (M-1, M-2, BP and NEHMU zoning dis- tricts)mayincludeemployment,whole- saling, manufacturing and utility cen- ters for the community. The particular types or combination of uses shall be determined based upon its merits, ben- efits, potential impact upon adjacent land uses and the intensity of devel- opment. (1) Is the project located adjacent to an arterial or collector street that provides adequate access to the site? (2) Is the project developed such that the least intense uses shall be located along the arterial streets, where visibility to the public is likely? More intense uses such as heavy industrial uses and warehousing activities will be located away from the arterial streets, buffered by the other uses. (3) Does the project utilize a land- scaping theme that will tie adja- cent uses or projects together? (4) Is the project being developed on land substantially surrounded by property approved for devel- opment or developed property with existing services and utili- ties already available? (Ord. No. 1645, § 18.36.090, 8-15-2005; Ord. No. 1693, § 11(18.36.090), 2-20-2007; Ord. No. 1709, § 10(18.36.090), 7-16-2007) § 38.20.090UNIFIED DEVELOPMENT CODE CD38:125PROOFS Sec. 38.20.100. North 19th Avenue/West Oak Street entryway corridors. A. Intent and purpose. It is the intent and pur- pose of this section to establish the planned unit development (PUD) review procedures as a method to guide future growth and development within the area of the North 19th Avenue/West Oak Street Corridor Master Plan. It is further intended to ensure that future growth and development will occur in accord with the goals and objectives of the North 19th Avenue/West Oak Street Corridor Mas- ter Plan and it successors as a subarea plan to the city growth policy. B. Application. Planned unit development pro- visions shall apply to all nonresidential develop- ment proposals located in the North 19th Avenue and West Oak Street Entryway Corridor areas as designated on the land use plan of the North 19th Avenue/West Oak Street Corridor Master Plan and on the city's official zoning map as follows: 1. North 19th Avenue. (Class I and Class II corridor) All nonresidential development within the North 19th Avenue Entryway Corridor, between Durston Road and the North 19th Avenue-Interstate 90 Inter- change,measured660feetfromthecenterline of North 19th Avenue, exclusive of the following: a. Between Durston Road and the south boundary of Covered Wagon Mobile Home Court, a Class II entryway corridor overlay classification shall be applied to the east side of North 19th Avenue, measured 330 feet from the centerline of North 19th Avenue. 2. West Oak Street. (Class I and Class II corridor) All nonresidential development within the West Oak Street Entryway Cor- ridor between North 7th Avenue and Rose Park shall be applied within such corridor as follows: a. Between North 7th Avenue and North 19th Avenue, measured 660 feet from the centerline of West Oak Street; or b. Between North 19th Avenue and the east boundary of Rose Park, measured 330 feet from the centerline of West Oak Street. C. It is required that any developments subject to this section comply with all of the specific development standards of the design objectives plan for North 19th Avenue/West Oak Street Corridors. Residential developments within this corridor are not required to be developed as a planned unit development, but do need to comply with the specific development standards of the design objec- tives plan for North 19th Avenue/West Oak Street Corridors. (Ord. No. 1645, § 18.36.100, 8-15-2005; Ord. No. 1693, § 11(18.36.100), 2-20-2007; Ord. No. 1709, § 10(18.36.100), 7-16-2007) ARTICLE 21. GENERAL LAND USE STANDARDS AND REQUIREMENTS Sec. 38.21.010. Area requirements for individ- ual buildings - restrictions. No part of any yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building except as provided in section 38.25.050. (Ord. No. 1645, § 18.38.010, 8-15-2005; Ord. No. 1761, exh. F(18.38.010), 7-6-2009) Sec. 38.21.020. Yards and lots reduction prohib- ited. No yard or lot existing at the time of adoption date of the ordinancefrom which this chapter is derived shall be reduced in dimension or area below the minimum requirements of this chapter except as set forth herein. Yards or lots created after the effective date of said ordinance shall meet at least the minimum requirements established by this chap- ter. (Ord. No. 1645, § 18.38.020, 8-15-2005; Ord. No. 1761, exh. F(18.38.020), 7-6-2009) § 38.20.100 BOZEMAN MUNICIPAL CODE CD38:126PROOFS Sec. 38.21.030. Useoflands;buildingsandstruc- tures. A. Only uses specifically identified by this chap- ter to be built. No building, or structure or part thereof shall be erected, altered or enlarged for a use, nor shall any existing building, structure or part thereof, or land, be used for a purpose or in a manner that is not in conformity with the uses listed as authorized uses for the zone in which such buildings, structure or land is situated. In addition, any land, building or structure to be erected or used for a purpose listed as a conditional use in such zone shall first receive approval from the city commission. Existing nonconforming uses and struc- tures shall be governed by article 32 of this chapter. B. No building, or part thereof, or structure shall be erected, nor shall any existing building be altered, enlarged or rebuilt, or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard and setback regulations designed for the zone in which such building or open space is located, except as otherwise specified in this chapter. C. Recreational vehicle parking on residential lot. No person shall park or occupy any recreational vehicle or mobile home on the premises of any occupied dwelling or on any lot which is not a part of the premises of any occupied dwelling, either of which is situated outside of any approved manufac- tured home community or recreational vehicle park except that: 1. The parking of only one unoccupied recre- ational vehicle in any accessory private garage, or in a rear yard in any district is permitted, providing no living quarters shall be maintained or any business practiced in the recreational vehicle while such recre- ational vehicle is so parked or stored; and 2. In the event of hardship, temporary use permits may be granted for occupying such recreational vehicle or mobile home. D. Municipal infrastructure requirements. 1. Whenever any building lots and/or building sites are created inside the city limits or existing lots are annexed, and prior to the issuance of any building permits on such lots or sites, municipal water distribution, municipal sanitary sewer collection, and streets shall be provided to the site. Each building site must utilize and be connected to both the municipal water distribution and municipal sanitary sewer collection sys- tems. Installation of improvements is sub- ject to article 39 of this chapter. a. Alternative. When in the city's sole determination it is in the city's long term best interests to allow a building lot or site to be created or developed without immediate access to either municipal water or municipal sewer the city may, in its sole discretion, make such allowance when all of the following have been met: (1) The nonmunicipal system to ser- vice the lot or site shall be de- signed, reviewed and constructed to meet city standards. Systems serving more than one lot or user shall be central systems; (2) The nonmunicipal system shall be designed and constructed in a manner to allow connection to the municipal system compo- nents shown in applicable facil- ity plans to serve the property at such time as it becomes avail- able; (3) The landowner shall provide waivers of right to protest cre- ation of SIDs or other financing methods to extend municipal wa- ter and sewer services. Such ex- tensions or connections may re- quire construction of system components that are not imme- diately adjacent to the building lot or site; (4) The landowner shall agree to connect to municipal water and § 38.21.030UNIFIED DEVELOPMENT CODE CD38:127PROOFS sewer services and abandon and remove nonmunicipal services when so instructed by the city. Such agreement shall be binding on all successors and run with the land; (5) If the city takes responsibility to operate the nonmunicipal sys- tem it may impose a surcharge to cover extra operational expenses. City operation of the system is at the city's discretion; (6) The requirement for future con- nection to the municipal water and/or sewer system, waivers and agreements, and other applicable materials shall be either noted on the plat or final plan or a separate notice be recorded at the county clerk and recorder's office so that such notice will appear on a title report or ab- stract of the property; (7) No nonmunicipal water or sewer systems shall be constructed un- til it has received all necessary approvals from the state depart- ment of environmental quality, City of Bozeman, County Envi- ronmental Health, and any other relevant agency; and (8) The use of municipal water or sewer systems is considered to be the best means to protect the public interest and welfare. The alternative for the use of nonmunicipalsystemsisintended to be used sparingly and in ex- traordinary circumstances. In or- der to protect the public interest, in approving a nonmunicipal sys- tem the city may impose such conditionsofapprovalasitdeems necessary. 2. These improvements shall be designed, con- structed and installed according to the stan- dards and criteria as adopted by the city and approved by both the city engineer and water and sewer superintendent prior to the issuance of any building permits. 3. When municipal water distribution and mu- nicipal sanitary sewer collection systems are being provided to serve a development proposal occurring under the provisions of article 20 of this chapter, planned unit development (PUD), the issuance of a build- ing permit may be allowed prior to comple- tion of the public infrastructure, provided the criteria of section 38.39.030 are met. 4. Notwithstanding the provisions of subsec- tion D.3 of this section, the city may limit the scope, type and number of projects eligible for simultaneous construction con- sideration. (Ord. No. 1645, § 18.38.030, 8-15-2005; Ord. No. 1761, exh. F(18.38.030), 7-6-2009) Sec. 38.21.040. Dwelling unit restrictions. A.No use of unfinished structures.No cellar, garage, tent, tepee, yurt, basement with unfinished structure above, accessory building, or vehicle; or any manufactured home or recreational vehicle outside of an approved manufactured home com- munity, recreational vehicle park, or approved indi- vidual lot in accordance with section 38.22.130 shall at any time be used as a dwelling unit, unless approved for use as a temporary dwelling unit due to a demonstrated hardship. B.Use of basements.The basement portion of a finished home shall be properly damp-proofed and have heating, ventilation, suitable fire protection and exits if used for living purposes, and natural lighting. (Ord. No. 1645, § 18.38.040, 8-15-2005;Ord. No. 1761, exh. F(18.38.040), 7-6-2009) Sec. 38.21.050. Accessory buildings, uses and equipment. A. An accessory building shall be considered an integral part of the principal building if it is con- nected to the principal building by a common wall for not less than five feet. § 38.21.030 BOZEMAN MUNICIPAL CODE CD38:128PROOFS B. Accessory buildings, uses or equipment shall not be stored or constructed between the front lot line and required front building line. C. Accessory buildings and garages shall not be located within a utility easement without written approval of the easement holder. D. Accessory buildings in any business or indus- trial district may be located only to the rear of the front line of the principal building. E. No accessory building shall exceed the foot- print of the principal building unless such accessory building has been otherwise approved per this chapter. An accessory building shall not either: 1. Exceed the height of the principal building unless such accessory building has been otherwise approved per this chapter; or 2. Within a residential district, exceed a height of 11/2 stories, where a half story is estab- lished by a side wall, under a sloped roof, of three feet in height or less above the floor level within space allowed to be occupied by persons by the International Building Code. 3. The height between finished floor to fin- ished floor shall not exceed 12 feet in residential districts. A greater height be- tween finished floors may be approved in nonresidential districts if the other require- ments of this chapter are met. F. Mechanical equipment screening. 1. Rooftop mechanical equipment should be screened. Screening should be incorporated into the roof form when possible. The requirement for screening of rooftop me- chanical equipment does not apply to solar or wind energy collection devices. 2. Ground-mountedmechanicalequipmentshall be screened from public rights-of-way with walls, fencing or evergreen plant materials. Mechanical equipment shall not encroach into required setbacks. G. Detached structures setback requirements. 1. Accessory structures less than or equal to 120 square feet in footprint shall not be located in any front, side, or corner-side yard and shall maintain a minimum setback of three feet from the property lines in the rear yard. 2. Accessory structures greater than 120 square feet but less than or equal to 600 square feet in footprint shall not be located in any front, side, or corner-side yard. The accessory structure shall be set back a minimum of either: six feet, or when parking is provided between the structure and the rear property line, 20 feet except when required parking spaces need a greater setback for back-up maneuverability. See the following exam- ples: Alley Right-of- Way Width Setback for Garage Setback for a Garage with Stacked Parking Off of an Alley 30 feet 6 feet 20 feet 20 feet 6 feet 26 feet 16 feet 10 feet 30 feet 14 feet 12 feet 32 feet 3. Accessory structures greater than 600 square feet shall not be located in any required front, rear, or side yard and shall provide adequate back-up maneuverability for re- quired parking spaces. H. Structures may occupy not more than 20 percent of the area of the lot located to the rear of the principal building. I. All structures located within the neighborhood conservation or entryway corridor overlay districts require a certificate of appropriateness. J. More than two deviations shall not be granted for any accessory structure. (Ord. No. 1645, § 18.38.050, 8-15-2005; Ord. No. 1761, exh. F(18.38.050), 7-6-2009) § 38.21.050UNIFIED DEVELOPMENT CODE CD38:129PROOFS Sec. 38.21.060. Yard and height encroachments, limitations and exceptions. A.Permitted encroachments into yards.The fol- lowing shall be permitted encroachments into re- quired yards, subject to any and all applicable International Building Code requirements: 1. Architectural features which do not add usable area to a structure, such as chim- neys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, eaves, gutters, awnings, window wells and steps, provided such architectural features do not extend more than five feet into any required front or rear yard; 2. Architectural features, which do not add usable area to a structure, such as chim- neys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, awnings, window wells and steps, provided such architectural features do not extend more than two feet into any required side yard, except that eaves and gutters may extend 2.5 feet into any required side yard; 3. Terraces and patios, uncovered decks and stoops or similar features, provided that such features shall not extend above the height of the ground floor level of the principal structure nor more than five feet into any required front or rear yard or two feet into any required side yard; 4. Where porches, covered terraces and cov- ered decks occupy not more than one-third of the length of the building wall, excluding the width of the garage if applicable they may encroach: a. Wheretherequiredfrontyardisgreater than 15 feet, not more than five feet into any required front yard; b. Not more than five feet into a required rear yard; c. Not more than two feet into any re- quired side yard; and 5. Fire escapes may be permitted in required side or rear yards only; 6. Wheelchair ramps may encroach into any required yard, but shall not be located closer than three feet from any property line; and 7. Flagpoles,ornamentalfeatures,trees,shrubs, walkways, and nameplate signs may be located within a required yard. Street vision triangle requirements apply. B.Zero lot line conditions.In districts where zero side yard setbacks are not otherwise allowed, where an individual owns two or more adjoining lots, or where the owners of two or more adjoining lots make legal written agreement recorded at the county clerk and recorder, a zero lot line concept may be used for commercial or single-household dwelling unit developments. In residential districts this may result in the creation of a two-household residential structure, only in districts permitting such a structure, or the creation of townhouse clusters in districts permitting such structures. In all such cases in residential districts, a minimum eight- foot side yard shall be maintained adjacent to the exterior side, or nonzero lot line side, of the structure. C.Special yard setbacks. 1. Where the required setback is greater than 15 feet, the corner side yard for any corner lot not located on an arterial street may be 15 feet. However, where the vehicular ac- cess to a garage is located on the frontage of the corner side yard, the portion acces- sible to vehicles shall maintain at least a 20-foot setback. 2. A 25-foot front yard or corner side yard shall be provided on all arterials designated in the city growth policy, except within the B-3 district. 3. Setbacks from watercourses as set forth in section 38.23.100. 4. Setbacks from intersections as set forth in section 38.24.090. § 38.21.060 BOZEMAN MUNICIPAL CODE CD38:130PROOFS D.Height limitation exceptions. 1.Non-specific exemptions.No building, or part thereof, or structure shall be erected, reconstructed or structurally altered to ex- ceed in height the limit herein designated for the district in which such building is located, except as is specified in article 35 of this chapter, or as specifically authorized by the city commission as an approved condition of a planned unit development. Such approved conditions must include the recommendations of the city fire marshal. 2.Specific exemptions. a. Height limitations shall not apply to church spires, belfries, cupolas and domes; monuments; chimneys and smokestacks; flag poles; public and private utility facilities; parapet walls extending no more than four feet above the limiting height of the building except as hereinafter provided; ama- teur radio antennae; solar energy col- lectors and equipment used for the mounting or operation of such collec- tors; and building mounted horizontal and vertical axis wind energy collec- tors under 15 feet in height from the building mounting surface and equip- ment used for the mounting or opera- tion of such collectors. b. Places of public assembly in churches, schools and other permitted public and semipublic buildings may exceed height limitations otherwise estab- lished by this chapter, provided that: (1) These are located on the ground floor of such buildings; and (2) That for each one foot by which the height of such building ex- ceeds the maximum height oth- erwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional one foot over the side and rear yards required in the district. c. Elevator and stair penthouses, water tanks, monitors and scenery lofts are exempt from height limitations other- wise established in this chapter, pro- vided that no linear dimension of any such structure exceed 50 percent of the corresponding street frontage line. d. Towers and monuments, cooling tow- ers, gas holders or other structures, where the manufacturing process re- quires a greater height, and grain ele- vators and silos are exempt from this chapter, provided that any structure above the height otherwise permitted in the district shall occupy no more than 25 percent of the area of the lot and shall be at least 25 feet from every lot line. e. Height restrictions for wireless facili- ties are governed by article 29 of this chapter. (Ord. No. 1645, § 18.38.060, 8-15-2005; Ord. No. 1761, exh. F(18.38.060), 7-6-2009) Sec. 38.21.070. Standards for specific site im- pacts and elements. A.Surface-water ponding.Natural ponding ar- eas shall be retained as much as possible or, if necessary, enlarged or modified as directed by the city engineer to restrict the off-site runoff, subject to the stormwater runoff control provisions of this chapter and the city's stormwater drainage require- ments. B.Trash and garbage incineration.No exterior incineration of materials is permitted except as allowed by the department of public safety. C.Smoke, dust and other particulate matter.The emission of smoke or other particulates from any point source shall not exceed a density greater than that permitted by Method 9, 40 CFR 60 Appendix § 38.21.070UNIFIED DEVELOPMENT CODE CD38:131PROOFS A. Dirt, dust, fly ash and other forms of particulate matter shall not be emitted beyond the property lines of the use creating the particulate matter. D.Bulk storage (liquid).All uses associated with bulk storage of all gasoline, liquid fertilizer, chemicals, flammable and similar liquids shall com- ply with International Building Code and Interna- tional Fire Code requirements and any applicable county regulations. F.Water quality, hazardous wastes and waste- water.Discharge of hazardous waste, chemicals or wastewater will be subject to state department of environmental quality standards and permitting pro- cesses. But in no case shall any hazardous waste, hazardous chemicals or hazardous wastewater be discharged into any perennial stream within the city. G.Odors and toxic gases. 1. The emission of odors shall be controlled such that objectionable or offensive odors are not perceptible beyond a distance of 50 feet past the property lines of the use creating the odors. 2. No toxic, noxious or corrosive fumes or gases shall be emitted beyond the property lines of the use creating such fumes or gases. H.Noise.No noise shall be produced that causes a violation of the city's regulations regarding dis- turbance of the peace or creates a nuisance. I.Vibrations.No ground vibrations, except for those only perceptible with the use of instruments, shall be permitted beyond the property lines of the use generating the ground vibrations. J.Electrical disturbance.No activity shall be permitted which causes electrical disturbances af- fecting the operation of any equipment located beyond the property line of the activity. This sub- section J does not apply to uses which are regulated by and are in compliance with federal agencies or law. K.Glare and heat.Any use producing intense glare or heat shall be conducted so that the glare is effectively screened from view at any point on the lot line of the lot in which the use is located. Any heat will be dissipated so that it is not perceptible without instruments at any point on the lot line of the lot on which the use is located. L.Fire and explosive hazards.Any use or activ- ity involving the use or storage of combustible, flammable or explosive materials shall be in com- pliance with the International Fire Code as adopted by the city. Burning of waste materials in open fires is prohibited, unless otherwise permitted by and in conformance with, another ordinance. M.Liquid or solid waste.No materials, com- pounds or chemicals, which can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause emissions of elements which are offensive or hazardous to the public health, safety and general welfare shall be discharged at any point into any public sewer, private sewage disposal system or stream or into the ground, except in accordance with this Code and the standards approved by the state department of environmental quality or such governmental agency as may have jurisdiction over such activities. N.Fissionable, radioactivity or electromagnetic disturbance.No activities shall be permitted which utilize fissionable or radioactive materials if, at any time, their use results in the release or emission of any fissionable or radioactive material into the atmosphere, ground or sewerage system. No activ- ities or devices shall be permitted which at any time emit radio-frequency energy affecting any activity or the operation of any equipment beyond the site property line. Radio-frequency energy shall be con- sidered as being electromagnetic energy at any frequency in the radio spectrum between ten kilo- cycles and 3,000,000 megacycles. This limitation on radio-frequency interference does not apply to those uses and circumstances falling under the jurisdiction of the FCC. (Ord. No. 1645, § 18.38.070, 8-15-2005; Ord. No. 1761, exh. F(18.38.070), 7-6-2009) § 38.21.070 BOZEMAN MUNICIPAL CODE CD38:132PROOFS Sec. 38.21.080. Clean up of property and revegetation required. A.Cleanup of property.Prior to final plat or final occupancy approval, the developer shall en- sure that all construction and other debris are removed from the development. This includes con- crete, asphalt, dead trees and shrubs, and fencing materials. B.Revegetation.All areas disturbed during con- struction shall be reseeded with vegetation types approved by the county weed control supervisor. (Ord. No. 1645, § 18.38.080, 8-15-2005; Ord. No. 1761, exh. F(18.38.080), 7-6-2009) ARTICLE 22. STANDARDS FOR SPECIFIC USES Sec. 38.22.010. Purpose. The purpose of this section is to further describe the standards and conditions under which certain uses may be permitted as principal or conditional uses in specific districts. (Ord. No. 1645, § 18.40.010, 8-15-2005; Ord. No. 1693, § 12(18.40.010), 2-20-2007; Ord. No. 1709, § 11(18.40.010), 7-16-2007; Ord. No. 1761, exh. G(18.40.010), 7-6-2009) Sec. 38.22.020. Applicability. All uses listed in this section shall be subject to the specific standards described for each use, in addition to all other applicable standards. (Ord. No. 1645, § 18.40.020, 8-15-2005; Ord. No. 1693, § 12(18.40.020), 2-20-2007; Ord. No. 1709, § 11(18.40.020), 7-16-2007; Ord. No. 1761, exh. G(18.40.020), 7-6-2009) Sec. 38.22.030. Accessory dwelling units. A. An owner or the owners of real property may establish and maintain an accessory dwelling unit, either within a detached single-household dwelling or above a detached garage which is accessory to the detached single-household dwelling, in the R-S or R-1 districts if all of the following conditions are met and continue to be met during the life of the accessory dwelling unit: 1. The detached dwelling unit within which the accessory dwelling unit is located, or the accessory dwelling unit itself, is actu- ally and physically occupied as a principal residence by at least one owner of record who possesses at least an estate for life or a 50 percent fee simple ownership interest. No more than one of the dwellings, either the principal dwelling or the accessory dwelling, may be rented by non-owners at the same time. The city may require a guarantee of compliance with the require- ments of this section, including but not limited to a binding deed restriction or covenant enforcing the single rental restric- tion as allowed in section 38.39.080.B, as a condition of approval; 2. In addition to the parking required for the principal residence, one paved off-street parking space is provided for the exclusive use of the accessory dwelling unit. The parking provided shall be located on the lot and may not utilize the on-street parking provisions of article 25 of this chapter; 3. The occupancy of the accessory dwelling unit does not exceed two persons; 4. Garages shall not be converted for use as accessory dwelling units. However, acces- sory dwelling units shall be permitted to be placed above garages only in subdivisions receiving preliminary plat approval after January 1, 1997; 5. No permit for an accessory dwelling unit shall be granted unless the lot has been configured to accept an accessory dwelling unit with adequate lot area, utility services, and compliance with setbacks and height standards; 6. In no case shall an accessory dwelling unit be larger than 800 square feet or have more than a single bedroom. The method of § 38.22.030UNIFIED DEVELOPMENT CODE CD38:133PROOFS calculating the maximumADU square foot- age will be "living area" defined as "all floor area exclusive of areas with a sloped ceiling less than three feet in height, stair- wells, and exterior decks." Bedrooms, liv- ingrooms,kitchens,casework,interiorwalls, hallways, closets, bathrooms, and any other living space shall be included in the maxi- mum square footage calculation.; 7. Second story additions on detached garages shall be approved only if found compatible and consistent with the character and fabric of the neighborhood; 8. Only one accessory dwelling unit may be created per lot; and 9. If the accessory dwelling unit is a part of the principal dwelling unit, the accessory dwelling unit shall be clearly incidental to the principal dwelling unit and shall meet the following criteria: a. The accessory dwelling unit is created only in a single-household detached dwelling unit on a lot of 6,000 square feet or more; b. The accessory dwelling unit does not exceed one-third of the total area of the principal structure; c. The accessory dwelling unit is created only through internal conversion of the principal structure or constructed aboveagarage.Minorexteriorchanges may be made on the building, if the square footage added constitutes no more than ten percent of the principal structure's existing living area (exclu- sive of the garage); and d. If the entrance for the accessory dwell- ing unit is separate from the entrance of the principal structure, the entrance shall only be located in the rear or side yards. 10. All accessory dwelling units are subject to CUP provisions established in article 19 of this chapter. 11. No deviations shall be granted to lot area requirements or parking requirements to allow the establishment of an accessory dwelling unit. In no case shall more than a total of two deviations be granted to allow the establishment of an accessory dwelling unit. B. An owner or the owners of real property may establish per section 38.19.050 and maintain an accessory dwelling unit, in the R-2, R-3, R-4 or R-O 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 section 38.19.090. 1. In addition to the parking required for the principal residence, the minimum number of required paved off-street parking shall be provided for the exclusive use of the acces- sory dwelling unit; 2. The occupancy of the accessory dwelling unit does not exceed two persons; 3. Garages shall not be converted for use as accessory dwelling units. However, acces- sory dwelling units shall be permitted to be placed above garages; 4. In no case shall an accessory dwelling unit be larger than 600 square feet or contain more than a single bedroom. The method of calculating the maximumADU square foot- age will be "living area" defined as "all floor area exclusive of areas with a sloped ceiling less than five feet in height, stair- wells, and exterior decks." Bedrooms, liv- ingrooms,kitchens,casework,interiorwalls, hallways, closets, bathrooms, and any other living space shall be included in the maxi- mum square footage calculation; 5. Second story additions on detached garages shall be approved only if found compatible and consistent with the existing character and fabric of the neighborhood; and § 38.22.030 BOZEMAN MUNICIPAL CODE CD38:134PROOFS 6. Only one accessory dwelling unit may be created per lot. 7. No deviations shall be granted to lot area requirements or parking requirements to allow the establishment of an accessory dwelling unit. In no case shall more than a total of two deviations be granted to allow the establishment of an accessory dwelling unit. 8. The accessory dwelling unit is located above a detached garage. 9. An accessory dwelling unit may not be approved on a reduced size lot created to meet the minimum workforce housing re- quirements of chapter 10, article 8. C. The applicant shall comply with building department standards. (Ord. No. 1645, § 18.40.030, 8-15-2005; Ord. No. 1693, § 12(18.40.030), 2-20-2007; Ord. No. 1709, § 11(18.40.030), 7-16-2007; Ord. No. 1761, exh. G(18.40.030), 7-6-2009) Sec. 38.22.040. Adult businesses. A. In addition to the requirements to be followed for all development established in this chapter, the following requirements shall apply to all adult businesses: 1. An adult business must be separated by at least a 500-foot radius from any other adult use, residence, residential district, school, place of worship, public park or any youth- oriented establishment. Subsequent estab- lishment of one of the above-listed uses within the required separation radius does not compel the relocation of an adult busi- ness. (Ord. No. 1645, § 18.40.040, 8-15-2005; Ord. No. 1693, § 12(18.40.040), 2-20-2007; Ord. No. 1709, § 11(18.40.040), 7-16-2007; Ord. No. 1761, exh. G(18.40.040), 7-6-2009) Sec. 38.22.050. Alcoholsalesforon-premisescon- sumption. Alcohol sales for on-premises consumption, on either a temporary or permanent basis, may not be conducted on the same lot or premises where an adult business or auto retail fuel sale is permitted. (Ord. No. 1645, § 18.40.050, 8-15-2005; Ord. No. 1693, § 12(18.40.050), 2-20-2007; Ord. No. 1709, § 11(18.40.050), 7-16-2007; Ord. No. 1761, exh. G(18.40.050), 7-6-2009) Sec. 38.22.060. Automobile repair and/or fuel sales. A. In addition to the requirements to be followed for all convenience uses as defined in this chapter, and provided in section 38.22.100, the following requirements shall apply to all service station and automobile uses as listed in this section. Compli- ance with all criteria listed in this section does not necessarily guarantee approval by the city. 1. Gas pump and pump island canopies are to be located not closer than ten feet to any side or rear property line. Design of the canopy shall architecturally match the de- sign of the main building.All canopies shall be connected to the roof of the main struc- ture unless otherwise approved.All lighting shall meet the lighting standards of this chapter. The maximum height of the can- opy shall not exceed 18 feet.All signs must conform to the sign regulations of article 28 of this chapter; 2. All on-site activities, except those normally performed at the fuel pumps, are to be performed within a completely enclosed building; 3. Where towing service is to be provided, a parking bay for the towing vehicle is to be provided. Vehicles that are either under repair or vehicles that have been repaired may be stored on a temporary basis, not to exceed seven days, and designated parking bays must be provided for each vehicle § 38.22.060UNIFIED DEVELOPMENT CODE CD38:135PROOFS awaiting repairs. Vehicle storage areas are subject to the same screening requirements as parking lots; 4. All lighting shall conform to section 38.23.150; 5. All structures approved under these stan- dards shall be of a design character that is appropriate to the area in which they are to be constructed. Color renderings of build- ings shall accompany each application and construction shall be in conformity thereto. Architectural detailing shall be consistent on all four sides of the building; 6. All restroom entrances shall be screened from view of adjacent properties or street rights-of-way by a decorative wall or land- scaping, or shall be accessed from the inside of the main entrance to the building; 7. No outside storage of, and no sale, lease or rental of trailers, trucks or similar equip- ment shall be permitted except as may be specifically allowed in that zone; 8. Parking space for each service stall in the station shall be provided. Pump islands shall not be considered as service bays. Standing areas at pump islands and interior circulation areas shall not be used as park- ing areas in calculating required parking spaces; and 9. Automotive repair facilities. a. All repairs or painting shall be per- formed within a building; b. No site plan shall be approved which exposes unassembled vehicles, auto repair activities or auto parts to any street or residential district; c. Any facility shall be designed to con- tain and minimize noise and odors; and d. All facilities shall have a water quality facility (oil/water separator) as part of the water quality design for stormwater runoff, and shall conform to section 38.23.080. (Ord. No. 1645, § 18.40.060, 8-15-2005; Ord. No. 1669, § 1, 8-7-2006; Ord. No. 1693, § 12(18.40.060), 2-20-2007; Ord. No. 1709, § 11(18.40.060), 7-16- 2007; Ord. No. 1761, exh. G(18.40.060), 7-6-2009) Sec. 38.22.070. Automobile washing establish- ment. A. In addition to the requirements to be followed for all convenience uses, the following require- ments shall apply to all auto washing establish- ments: 1. All detergents must be biodegradable; 2. Building surfaces shall be faced with ma- sonry, brick, stucco, wood or some other permanent looking material; 3. Trash and litter containers shall be emptied daily. In addition, the site shall be patrolled at least once daily in order to remove litter; 4. Sale of automobile accessories such as batteries, tires, gasoline, etc., is prohibited during any period when establishment em- ployees are not present; and 5. Canopies are to be located not closer than ten feet to any side or rear property line. Design of the canopy shall architecturally match the design of the main building. All lighting shall meet the lighting standards of this chapter. The maximum height of the canopy shall not exceed 18 feet. All signs must conform to the sign regulations of article 28 of this chapter. (Ord. No. 1645, § 18.40.070, 8-15-2005; Ord. No. 1693, § 12(18.40.070), 2-20-2007; Ord. No. 1709, § 11(18.40.070), 7-16-2007; Ord. No. 1761, exh. G(18.40.070), 7-6-2009) Sec. 38.22.080. Cemeteries. A. Total site area, including business office and storage building, shall be a minimum of 40 acres, of which at least ten acres shall be subdivided and developed in the initial plot. § 38.22.060 BOZEMAN MUNICIPAL CODE CD38:136PROOFS B. The cemetery may include accessory uses such as a chapel, mortuary, office, mausoleum and those industrial uses which are incidental to the operation of a cemetery. Industrial uses may include such things as the manufacture of burial vaults and headstone foundations, provided all of the products are used on the site and are not offered for sale and use elsewhere. The cemetery shall not include uses of an industrial nature other than those stated in this section. (Ord. No. 1645, § 18.40.080, 8-15-2005; Ord. No. 1693, § 12(18.40.080), 2-20-2007; Ord. No. 1709, § 11(18.40.080), 7-16-2007; Ord. No. 1761, exh. G(18.40.080), 7-6-2009) Sec. 38.22.090. Condominiums. A. Unit ownership act. Condominium develop- ments shall comply with all provisions of the Unit Ownership Act, MCA 70-23-101 et seq., and all regulations adopted pursuant thereto. B. Condominium association. A condominium association shall be established for each condomin- ium development. The developer shall prepare by- laws for the condominium association, as well as covenants, conditions and restrictions for the con- dominium development, in compliance with article 38 of this chapter. The bylaws, covenants, condi- tions and restrictions shall be submitted to the city for review and approval prior to the granting of final site plan approval or approval for condominiumization of existing development. C. Internal circulation in a condominium devel- opment shall be designed in accordance with article 25 of this chapter, and shall, when deemed neces- sary by the city engineer, comply with section 38.24.020. D. Condominiums may be subject to chapter 10, article 8. (Ord. No. 1645, § 18.40.090, 8-15-2005; Ord. No. 1693, § 12(18.40.090), 2-20-2007; Ord. No. 1709, § 11(18.40.090), 7-16-2007; Ord. No. 1761, exh. G(18.40.090), 7-6-2009) Sec. 38.22.100. Convenience uses and drive- through/drive-in restaurants. A. Architectural guidelines. 1. All convenience uses shall be designed with an architectural and design character that is appropriate for and compatible with the area, and shall also comply with all applicable design standards and guidelines including the design objectives plan for entry way corridors; 2. Use of standardized corporate identification themes integrated into the architectural de- sign is generally not acceptable. Excessive use of such themes may be used as grounds for denial of the project; 3. When located in shopping centers, the ar- chitectural character of the building shall be integrated with the design theme of the center through the use of the same building materials, shapes and details. The effect of color in creating a design character that is appropriate for and compatible with the area will be considered. All parking, circu- lation, driveways, setbacks and signage shall be integrated with the entire design theme of the project; and 4. The elevation design of the building shall provide design character and detailing on all four sides. B. Noise from drive-through speakers shall not be audible from adjacent residential districts. (Ord. No. 1645, § 18.40.100, 8-15-2005; Ord. No. 1693, § 12(18.40.100), 2-20-2007; Ord. No. 1709, § 11(18.40.100), 7-16-2007; Ord. No. 1761, exh. G(18.40.100), 7-6-2009) Sec. 38.22.110. Home-based businesses. A.Generally.A home-based business is a use that is considered accessory to a dwelling unit. Buildings combining live/work arrangements lo- cated in districts where both the residential and nonresidential uses to be combined are authorized are not subject to the requirements of this section. § 38.22.110UNIFIED DEVELOPMENT CODE CD38:137PROOFS B.Home-based business as accessory use. 1. The use shall be clearly incidental and secondary to the use of the dwelling for residential purposes and shall not change the character of the dwelling or adversely affect the uses permitted in the residential district of which it is a part. The home- based business may not be conducted in an accessory structure, and shall comply with the standards of subsection C of this sec- tion. 2. Purpose. It is in the intent of this section to eliminate as accessory home-based busi- nesses for all uses except those that con- form to the standards set forth in this section. In general, an accessory home- based business is a use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence with the exception of per- mitted signage as allowed by article 28 of this chapter. The standards for home-based businesses included in this section are in- tended to ensure compatibility with other permitted uses and with the residential character of the neighborhood. A clearly accessory or incidental status in relation to the residential use of the main building is the criteria for determining whether a pro- posed accessory use qualifies as an of-right home-based business. 3. Necessary conditions for accessory use. Accessory home-based businesses are per- mitted accessory uses in residential districts only so long as all the following conditions are observed: a. Such home-based business shall be conducted by resident occupants in their residence with not more than one on-premises halftime nonresident em- ployee; b. No more than 25 percent of the gross area of all structures shall be used for such purpose; c. No use shall require internal or exter- nal alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure; d. No home-based business shall cause an increase in the use of any one or more utilities (water, sewer, garbage, etc.) so that the combined total use for dwellingandhome-basedbusinesspur- poses exceeds the average for resi- dences in the neighborhood; e. There shall be no outside storage of any kind related to the home-based business; f. The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. Depend- ing on the individual circumstances of each application, an additional off- street parking space may be required; and g. No use shall create noise, dust, vibra- tion, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home-based business exists. 4. Notice of intent to operate an accessory home-based business.Any individual apply- ing for a business license, with the intent of operating the business from such person's home, shall acknowledge by signature such person's understanding of the requirements and conditions of this chapter. C.Home-based business as conditional use. 1.Purpose.The use shall be secondary to the use of the lot for residential purposes and shall not be incompatible with the character of the zoning district thereof or adversely affect the principal uses permitted in the § 38.22.110 BOZEMAN MUNICIPAL CODE CD38:138PROOFS residential district of which it is a part. When a home-based business has been established through the CUP process, it means that the owner, lessee or other per- sons who have a legal right to the use of the dwelling also have the right to conduct the home-based business whether in the princi- pal or an accessory structure. The home- based business shall comply with the stan- dards of subsection C.3 of this section. 2.Conditional use.It is the intent of this section to provide, through the conditional use process established in article 19 of this chapter, opportunities for home-based busi- nesses which are more intensive in nature than those which would be allowed as an accessory use. In general, a home-based business approved through the conditional use process is an accessory use which complies with the requirements of this chap- ter and is subordinate to the primary use of the particular lot for residential purposes. The standards for home-based businesses included in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood. A secondary, but not incidental, status in relation to the residen- tial use of the main building is the criteria for determining whether a proposed use may, under certain circumstances, qualify as a home-based business which may be approved by the conditional use process.As stated in section 38.19.010, conditional uses start from the presumption that they are incompatible with the zoning district but may under specific and limited conditions become compatible. Unless such conditions are found, there is no right to the practice of a home-based business which does not comply with the terms of an accessory home-based business as listed in this sec- tion. 3.Necessary conditions for conditional use. Home-based businesses permitted through the conditional use permit process are al- lowed in residential districts only so long as all the following conditions are observed: a. Such home-based business shall be conducted by resident occupants with not more than one on-premises half- time nonresident employee; b. No more than 30 percent of the gross area of all structures shall be used for such purpose; c. No use shall require internal or exter- nal alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure beyond that allowed in a residential use; d. No home base business shall cause an increase in the use of any one or more utilities operated by the city so that the combined total use for dwelling and home-based business purposes ex- ceeds the average for residences in the neighborhood; e. There shall be no outside storage of any kind related to the home-based business; f. No use shall create noise, dust, vibra- tion, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that al- lowed by this chapter; g. Home-based business by conditional use permit may only be allowed on lots occupied by single-household de- tached dwellings; h. Such conditional use shall be subject to all conditions set forth in this chap- ter, except the provisions of section 38.26.060, Landscape Performance Standards; and § 38.22.110UNIFIED DEVELOPMENT CODE CD38:139PROOFS i. All permits required by the city, in- cluding, but not limited to, building permits and business licenses, shall be receivedpriortoestablishingthehome- based business. 4.Home-based business allowed through a conditional use permit.Any individual seek- ing to operate a home-based business, which is greater in scope than that allowed by an accessory home-based business, shall make application for a conditional use permit under the terms of article 19 of this chapter. The planning director shall determine if a home-based business requires a conditional use permit. D.Complaints.Complaints by citizens of the city may be cause for termination of the home- based business. However, should such complaint be filed, the operator is entitled to an appeal to the city commission for a public meeting. The city commis- sion shall determine whether or not the filed com- plaint identifies sufficient violation of this chapter to warrant termination or modification of the home- based business. E.Uses that are prohibited.The following uses, by the nature of their character or the investment of operation, have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home-based businesses and thereby impair the use and value of a residentially zoned area for residen- tial purposes. Therefore, the following uses shall not be permitted as home-based businesses: adult businesses; auto repair, minor or major; carpentry work; dance instruction; dental offices; medical offices; medical marijuana not meeting the exclu- sion in section 38.22.220.A.3; mobile oil and lube services; painting of vehicles, trailers or boats; private schools with organized classes; radio or television repair; and upholstering. F.Appeal to city commission.Any person may appeal the planning director's action relating to a home-based business to the city commission as provided for by article 35 of this chapter. (Ord. No. 1645, § 18.40.110, 8-15-2005; Ord. No. 1693, § 12(18.40.110), 2-20-2007; Ord. No. 1709, § 11(18.40.110), 7-16-2007; Ord. No. 1761, exh. G(18.40.110), 7-6-2009; Ord. No. 1786, § 7, 7-26- 2010) Sec. 38.22.120. Manufactured home communi- ties. A. Manufactured home communities are in- cluded in the state classification of land subdivi- sions by rent or lease. Therefore, applicants for such developments shall apply for and be reviewed under both site plan and subdivision procedures. These will be reviewed concurrently when appropriate.All standards of this chapter are applicable unless explicitly waived. 1. Staterequirements. All manufactured home communities developed under this section shall comply with state department of pub- lic health and human services, department of environmental quality and any other applicable state regulations. Prior to final approval for a manufactured home commu- nity, copies of approval letters from rele- vant state agencies shall be submitted or compliance with all applicable regulations shall be certified by a professional civil engineer licensed by the state. 2. Lot improvements. The location of bound- aries of each manufactured home lot for rent or lease shall be clearly and perma- nently marked on the ground with flush stakes, markers or other suitable means. The location marked must be closely ap- proximate to those depicted on the ap- proved plans. a. Utility hookup. Every manufactured home shall be permanently connected to electric power, water supply, sew- age disposal, gas and telephone ser- vice lines in compliance with applica- blecitycodes,andallutilitydistribution and service lines shall be installed underground. b. Permanent foundations and anchor- ing. All manufactured homes shall be § 38.22.110 BOZEMAN MUNICIPAL CODE CD38:140PROOFS required to be tied or otherwise phys- ically anchored to an approved perma- nentconcretefoundation.Buildingper- mits for foundations and anchoring, issued through the city building de- partment in accordance with the ad- opted International Building Code, are required. The method of anchoring and foundations shall be specified as part of the required preliminary devel- opment review. c. Maintenance. (1) There shall be no exposed out- door storage of furniture (except lawnfurniture),householdgoods, tools, equipment, or building ma- terials or supplies. (2) No manufactured home may be parked on a public or private street for more than 24 hours. (3) Anabandoned,burnedorwrecked manufactured home must be se- cured against entry as directed by the fire marshal and may not be kept on a lot for more than 45 days. (4) Each manufactured home must bear an insignia which attests that the construction of the man- ufactured home meets regulation A 119.1 of the American Na- tional Standards Institute (ad- opted by the U.S. Department of Housing and Urban Develop- ment), or be certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Ur- ban Development. (5) Within 21 days of placement, standard manufactured home skirting of fire-resistive material similar in character to that of the manufactured home must be pro- vided around the entire perime- ter of the manufactured home between the bottom of the body of the manufactured home and the ground, except where the running gear has been removed and the manufactured home it- self is attached directly to the permanent foundation. (6) All required front yards of lots for rent or lease for manufac- tured homes shall be fully land- scaped. (7) All private, commonly owned recreation areas not devoted to buildings, structures, surfaced courts, sand boxes, etc., shall be landscaped and irrigated. d. Manufactured home lots for rent or lease shall be arranged to permit the practical placement and removal of manufactured homes. Every lot for rent or lease must front on a public or private street. 3. Permits and inspections. a.Owner's and agent's responsibility.It shall be the responsibility of the indi- vidual property owners or, in the case of a rental community, the managers of the rental community to see that all sections of this article are complied with, including requirements relative to placement of manufactured homes, and all required permits. b.Move-in permit required.All manu- factured homes moved into the city must be issued a move-in permit, pursuant to this section, and be in- spected by the city building official, prior to gas and electric service being turned on by the servicing utility. A copy of the original sales contract shall be available for permit informa- tional purposes. § 38.22.120UNIFIED DEVELOPMENT CODE CD38:141PROOFS c.City inspection required. (1) Therequiredinspectionsforman- ufactured homes shall include: on-site utilities requirements in- cluding gas, electric, sewer and water; setback requirements; and off-street parking requirements. Fees for these have been estab- lished by the city commission by resolution. (2) It is unlawful for any person, firm, corporation or agency to turn on, or allow to be turned on, any gas or electric service with- out an inspection and clearance from the city building official. d.Non-manufactured-homeimprovements subject to the International Building Code.Permits must be obtained for additions, alterations, canopies, car- ports, storage areas and detached re- frigeration units that were not in- cluded in the original sale of the manufacturedhomeunit,feesforwhich are set by the International Building Code andInternational Mechanical Code. 4. Plans. The preliminary and final plans shall accurately depict: a. All proposed and required landscap- ing; b. Locations of storage areas for recre- ational vehicles and other chattels of the residents; c. A layout of typical lots for rent or lease showing the location and dimen- sions of the lot, manufactured home stand, driveway and parking spaces; d. Mail delivery area; and e. Foundation and anchoring details. 5. A permanent enclosure for temporary stor- age of garbage, refuse and other waste material shall be provided for every manu- factured home space. If trash dumpsters are to be used, they shall be centrally and conveniently located, shall not be located in any front yard, and shall otherwise comply with the requirements of this chapter. 6. Landscaping may be required by the city commission to provide a buffer between manufactured home communities and adja- cent uses, and to enhance the appearance of the development. The landscaping may be interspersed with a fence or wall. Specific perimeter landscape/buffering treatments shall be determined on a case-by case basis, with the city considering appropriate fac- tors such as the nature of adjacent uses, noise and proximity to busy streets. 7. Recreation areas.At a minimum, the amount of land required to be dedicated under section 38.27.020, shall be reserved as park or recreation area. Recreation areas may include space for community recreation buildings and facilities. 1. Public access through the recreation area may be required, through the provision of a written public access easement, if it is determined by the city commission that public access is necessary to ensure public access through the private recreational area from adjoining properties to nearby or adjacent public parks. 8. Accessory buildings. Accessory buildings for individual dwellings are subject to sec- tion 38.21.050. (Ord. No. 1645, § 18.40.120, 8-15-2005; Ord. No. 1693, § 12(18.40.120), 2-20-2007; Ord. No. 1709, § 11(18.40.120), 7-16-2007; Ord. No. 1761, exh. G(18.40.120), 7-6-2009) Sec. 38.22.130. Manufactured homes on individ- ual lots. A.Intent.It is the intent of this section to allow manufactured homes, as defined in article 42 of this chapter, in specified zoning districts in which sim- § 38.22.120 BOZEMAN MUNICIPAL CODE CD38:142PROOFS ilar single-household dwellings constructed on the site are permitted subject to requirements and pro- cedures set forth herein to ensure acceptable simi- larity in exterior appearances between such manu- factured homes and dwellings that have been or might be constructed under these and other regula- tions on adjacent lots in the same district or area. It is the intent of this section to permit only those manufactured homes certified as meeting the Mo- bile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Develop- ment. B.Application, material to be supplied.One copy of the application for the proposed manufac- tured home on the individual building lot shall be submitted to the Building Department in conjunc- tion with the application for a building permit for the building foundation. The application shall in- clude all information as deemed necessary by the planning director to make determinations as to conformity with subsection C of this section, and it shall include a minimum of color photographs of all sides of the manufactured home, of the nearest existing residences or other grounds or buildings on each side of the proposed site, and of existing residences or grounds fronting upon the same street as the proposed site and opposite thereto, and also including those within 150 feet of each corner of the proposed site. As a minimum requirement, it shall also include a description of siding and roofing material in sufficient detail as to make possible determination as to its appearance and durability. C.Standards for determination of acceptable similarity in exterior appearance and construction. The following standards shall be used in determi- nations of acceptable similarity in appearance and construction between manufactured homes with permanent foundations and residences constructed near the site to ensure that such manufactured homes will be compatible in appearance with site built housing that has been or may be constructed in adjacent or nearby locations. 1. No manufactured homes shall have fenes- tration or other features that will be incom- patible in the residential neighborhood. 2. The roof shall have sloping lines with eaves, such as gable, mansard and shed style roofs or shall be compatible with conventionally built homes in the surround- ing areas. The pitch of the main roof shall not be less than one foot of rise for each four feet of horizontal run. Minimum dis- tance from eaves to ridge shall be ten feet. 3. The roofing material shall be shake, tile, composition shingle, or other materials com- monly found on conventionally built homes in the surrounding areas. 4. The exterior covering material shall be similar or closely compatible to that found on conventionally built residential struc- tures in the surrounding area. Reflection from such exterior shall not be greater than from siding coated with clean, white, gloss, exterior enamel. 5. The exterior covering material shall extend below the top of the foundation. 6. Asolid concrete or masonry perimeter foun- dation shall be used. 7. The exterior covering and roofing materials of the garage, carport and accessory build- ings shall be compatible with the materials on the manufactured home. 8. The finished floor shall be a maximum of 24 inches above the exterior finished grade of the lot, or similar to the conventionally built homes in the surrounding area. 9. The manufactured home shall be located on the lot so that the home presents a primary entrance to the principal street frontage. Such primary entrance may be established by the presence of porches, overhanging gables, and similar architectural features consistent with the character of site built homes in the near vicinity. 10. Manufactured homes on permanent founda- tions shall meet all the property develop- ment standards for the zone in which they shall be located. These standards include, § 38.22.130UNIFIED DEVELOPMENT CODE CD38:143PROOFS but are not limited to, lot area and dimen- sion; area per dwelling unit; front, rear and side yard setbacks; building height, lot coverage, location of accessory buildings; and off-street parking. 11. Manufactured homes located within the neighborhood conservation overlay district shall be subject to review for a certificate of appropriateness under the same standards forarchitecturalcompatibilityasotherhomes. 12. Manufactured homes shall be approved for location on individual building lots only if they have been certified as meeting the Mobile Home Construction and Safety Stan- dards of the U.S. Department of Housing and Urban Development. D.Actions by planning director.Upon receipt of an application as required by subsection B of this section, the planning director shall make a decision to approve or disapprove of the application within 15 working days, or the planning director may make referral to the city commission. Referrals to the city commission shall be placed on the agenda for its regular meeting. Within five working days after receipt of recommendations from the city commis- sion, the planning director shall make a determina- tion as to conformity with subsection C of this section, notifying the applicants of approval or disapproval. In the case of disapproval, the reasons therefore shall be stated in writing. (Ord. No. 1645, § 18.40.130, 8-15-2005; Ord. No. 1693, § 12(18.40.130), 2-20-2007; Ord. No. 1709, § 11(18.40.130), 7-16-2007; Ord. No. 1761, exh. G(18.40.130), 7-6-2009) Sec. 38.22.140. Mini warehouses. A. Minimum site size shall be one acre. B. On-site circulation, drives and parking. 1. Each mini warehouse site shall provide a minimum of two exits; 2. All one-way driveways shall provide for one ten-foot parking lane and one 12-foot travel lane. Traffic direction and parking shall be designated by signing or painting; 3. All two-way driveways shall provide for one ten-foot parking lane and two ten-foot travel lanes; and 4. The parking lanes may be eliminated when the driveway does not serve storage cubi- cles. (Ord. No. 1645, § 18.40.140, 8-15-2005; Ord. No. 1693, § 12(18.40.140), 2-20-2007; Ord. No. 1709, § 11(18.40.140), 7-16-2007; Ord. No. 1761, exh. G(18.40.140), 7-6-2009) Sec. 38.22.150. Outdoor sales and display. A. Merchandise which is offered for direct sale, rental or lease to the ultimate consumer or user may be displayed beyond the confines of a building in any commercial district, but the area occupied by such outdoor display shall not constitute a greater number of square feet than ten percent of the ground floor area of the building housing the principal use, unless such merchandise is a type customarily displayed outdoors such as automobiles and garden supplies. In such cases, the maximum area for outdoor sales and display shall not exceed 50 percent of the total lot area. B. Outdoor sales and display areas shall not be located in any required yard and is also subject to section 38.23.160. (Ord. No. 1645, § 18.40.150, 8-15-2005; Ord. No. 1693, § 12(18.40.150), 2-20-2007; Ord. No. 1709, § 11(18.40.150), 7-16-2007; Ord. No. 1761, exh. G(18.40.150), 7-6-2009) Sec. 38.22.160. Portable carry-out food and bev- erage buildings. A. A $10,000.00 site bond must be secured on the property. In addition, evidence of liability insur- ance, with coverage of $1,000,000.00 per occur- rence, shall be furnished by the owner. B. Electrical service must be installed under- ground, in compliance with all electrical service codes, subject to approval by the building depart- ment. § 38.22.130 BOZEMAN MUNICIPAL CODE CD38:144PROOFS C. Structures shall not exceed 80 square feet in size. All structures must be on an improved asphalt or concrete surface, be anchored to resist accidental movement, be placed upon approved footings and have a fully electrically bonded frame. No structure shall have an axle. Enclosed trailers must remove the axle, and be secured to resist accidental move- ment, with all related supports cosmetically covered with an approved material. D. Not more than one portable structure may be placed on a zone lot (individual property or contig- uous properties held in common ownership). Porta- ble structures shall be placed in a manner so as not to interfere with normal vehicle and pedestrian circulation patterns or required emergency access. Nor shall such structures be placed in a manner that eliminates or interferes with the use of required parking spaces. E. Requests for special temporary use permits shall be subject to review and must be approved by the appropriate city department representatives, in- cluding but not limited to city engineer, fire mar- shal, city building official and planning director. Permit coordination and final issuance shall be by the planning director. A special temporary use permit for portable carry-out food and beverage buildings shall be valid for a period of one year, and may be renewed annually thereafter only if all regulations and requirements are strictly complied with on a continuing basis. F. Operations shall be subject to all licensing requirements of the Gallatin City-County Health Board. Documentation of such licensing, including a copy of plans for water supply and disposal, shall be provided to the planning director prior to per- mitting. G. The city reserves the right to revoke or terminate this permit at any time by giving 30 days' written notice of such revocation or termination, except that the city may, at its election, revoke or terminate the permit at any time without giving any notice if the owner fails to comply with or abide by each and all of the terms and conditions of the permit. H. Portable food and beverage buildings as de- scribed herein shall not be subject to certificate of appropriateness requirements for the neighborhood conservation and entryway corridors overlay dis- tricts. (Ord. No. 1645, § 18.40.160, 8-15-2005; Ord. No. 1693, § 12(18.40.160; Ord. No. 1693, § 12(18.40.160), 2-20-2007); Ord. No. 1709, § 11(18.40.160), 7-16-2007; Ord. No. 1761, exh. G(18.40.160), 7-6-2009) Sec. 38.22.170. Recreational vehicle park and overnight campground. A. Recreationalvehicleparksandovernightcamp- grounds are included in the state classification of land subdivisions by rent or lease. Therefore, appli- cants for such developments shall apply for and be reviewed under both site plan and subdivision procedures. 1. Recreational vehicle parks shall be screened from view of any adjacent residential de- velopment. 2. Internal circulation roads shall be paved with a concrete or asphaltic concrete sur- face. 3. Individual recreational vehicle parking pads shall be plainly marked and maintained with a dust free surface. 4. Individual recreational vehicle parking pads shall be set back at least 30 feet from the perimeter of the park and 30 feet from any public street right-of-way. 5. Approvedtrashdisposal,bathroomandlaun- dry facilities, including facilities for the handicapped, shall be provided for use of overnight campers. 6. Recreational vehicles spaces shall be sepa- rated by no less than 15 feet and shall be no less than 1,500 square feet in area. 7. Land proposed for use for a recreational vehicle park must have an R-S residential suburban district or an RMH residential manufactured home community district zon- § 38.22.170UNIFIED DEVELOPMENT CODE CD38:145PROOFS ing designation. Recreational vehicle parks are a principal use in the RMH district and a conditional use in the R-S district. (Ord. No. 1645, § 18.40.170, 8-15-2005; Ord. No. 1693, § 12(18.40.170), 2-20-2007; Ord. No. 1709, § 11(18.40.170), 7-16-2007; Ord. No. 1761, exh. G(18.40.170), 7-6-2009) Sec. 38.22.180. Large-scale retail, size limita- tions and design and site devel- opment guidelines and require- ments. A.Purpose. 1. The purpose of this section is to establish general development standards for large scale retail developments. These standards are intended and designed to ensure com- patibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents living within the city. 2. These standards are also intended to be used as guidelines for evaluating and as- sessing the quality and design of proposed large scale retail developments. The partic- ulars of any large scale retail developments will be evaluated against their respective standards contained in this article. It is expected that the quality and design of the large scale retail developments, while not necessarily complying with the exact stan- dards of this article, will meet or exceed the intent behind these standards. 3. Applicability. All uses listed in this article shall be subject to the specific standards described for each use, in addition to all other applicable standards which may ap- ply. B.Limitations on size of retail stores. 1. No retail building, utilized by a single tenant, shall exceed 75,000 square feet. 2. Retail development consisting of one or more single-tenant building greater than 40,000 square feet may offer for direct sale to the public merchandise, which is dis- played outdoors, but the area occupied by such outdoor sales and storage, exclusive of warehouses, shall not exceed 25 percent of the total square footage of the retail build- ing and shall also comply with section 38.22.150. 3. Notwithstanding subsections B.1 and 2of this section, when an otherwise lawful retail building, in excess of 75,000 square feet, exists as of March 21, 2003, such building shall be considered a development noncon- formity. Said building may be continued, structurally altered, repaired or recon- structed so long as it is not increased, extended or enlarged beyond the gross floor area of the building that existed on March 21, 2003. To the extent practicable, the design and site development guidelines of this section shall be applied to any altera- tion, reconstruction or repair that takes place after March 21, 2003. 4. The following principal uses are exempt, as they pertain to outdoor sales and storage: a. Recreationvehiclesalesandautosales; b. Agricultural implement sales; i.e., trac- tors, cultivators, balers, etc.; and c. Plant nursery. C.Design and site development guidelines for certain retail developments. 1. Retail development consisting of a single- tenant building greater than 40,000 square feet shall be subject to the design and site development criteria and development stan- dards contained in subsections C.5 and 6 of this section. These guidelines shall be ap- plied as part of the review and approval process for use permits and detailed appli- cations. For developments in the entryway corridor, which are also subject to the design guidelines in article 17 of this chap- ter, if there is any conflict between the guidelines, the more restrictive guideline § 38.22.170 BOZEMAN MUNICIPAL CODE CD38:146PROOFS shall apply. The guidelines in this section shall not be applied to any development or portion of a development that is covered by an approved use permit as of March 21, 2003, unless modifications to the use per- mit are proposed by the applicant. 2. Intent and purpose. All new construction of retail buildings described in subsectionAof this section will be subject to design review. It is the intent and purpose of this section to ensure the quality of retail development will enhance the impression and enjoyment of the community both by guiding develop- ment and change that occurs after the adop- tion date of the ordinance from which this section is derived, and by stimulating and assisting, in conjunction with other provi- sions of this chapter, improvements in signage, landscaping, access and other con- tributing elements of retail development appearance and function. It is further the intent of this section to establish design criteria, standards and review procedures that will allow the city and its advisory boards and agencies to review and direct, in a fair and equitable manner, the develop- ment and redevelopment of future and ex- isting properties and facilities governed by this section. The recommendations of the design review board or administrative de- sign review staff shall be given careful consideration in the final action of any agency, board or commission involved in decisionsinvolvingretaildevelopmentsgov- erned by this article. 3. The design review board and administrative design review staff shall have the powers and duties provided by this chapter in considering applications subject to this ar- ticle. 4. Certificate of appropriateness. A certificate of appropriateness, received from the city commission, with a recommendation by the design review board, shall be required as a condition of site plan approval for any development governed by this section. Ap- plication, review and public notice proce- dures for proposals governed by this sec- tion are set forth in article 40, Noticing, and article 19, Review Procedures for Site De- velopment, of this chapter. A denial of a certificate shall be accompanied by a writ- ten statement of reasons for the denial. 5. Design criteria and development standards. In addition to all other applicable review procedures and design criteria, all develop- ment governed by this section shall exceed design criteria and development standards contained in article 17 of this chapter, entryway corridor overlay district, includ- ing the general design objectives and guide- lines contained in the adopted or updated design objectives plan, regardless of loca- tion or zoning district. Said design criteria and development standards shall be ex- ceeded through design practices such as additional architectural detailing, excep- tional landscape design, improved public spaces, use of renewable energy and/or recycled construction materials, and provi- sions for alternative modes of transporta- tion. The city commission shall determine whether established design criteria and de- velopment standards have been exceeded based on a recommendation from the de- sign review board. 6. Adaptability for reuse/compartmentaliza- tion. The building design shall include spe- cific elements for adaptation for multi- tenant reuse. Such elements may include but are not limited to compartmentalized construction, including plumbing, electrical service, heating, ventilation and air condi- tioning. The building design shall also al- low for: a. The interior subdivision of the struc- ture into separate tenancies; b. Facades that readily adapt to multiple entrances and adapt to entrances on all but one side of the building; § 38.22.180UNIFIED DEVELOPMENT CODE CD38:147PROOFS c. Parking lot schemes that are shared by establishments or are linked by safe and functional pedestrian connec- tions; d. Landscaping schemes that comple- ment the multiple entrance design; and e. Other elements of design which facil- itate the multi-tenant reuse of the building and site. 7. Appeals.Appeals may be taken as provided for in article 35 of this chapter. D.Additionalcriteriaandsitedevelopmentguide- lines for certain retail developments. 1. Applications for large scale retail develop- ment shall include a renewal plan that will affordmaximumopportunity,consistentwith the sound needs of the municipality as a whole, for the rehabilitation or redevelop- ment of the structure in the event of closure or relocation by the original occupant. Such plan will be approved if the city commis- sion finds that: a. The plan conforms to the city's growth policy and the requirements of this chapter or parts thereof for the munic- ipality as a whole; b. A sound and adequate plan exists for said redevelopment; c. The plan affords maximum opportu- nity for rehabilitation or redevelop- ment of the structure by both private enterprise and the city; and d. The renewal plan provides a mainte- nance plan for normal repairs and upkeep of property, including but not limited to building, parking lot and surfacing, landscaping, signage and elimination of legible impressions, im- ages, or remnants of signs remaining on a building or sign surface after the use for which the sign was permitted ceases to operate. 2. The city may enter into a development agreement with the owner of the real prop- erty and undertake activities, including the acquisition, removal or demolition of struc- tures, improvements or personal property located on the real property, to prepare the property for redevelopment.Adevelopment agreement entered into in accordance with this section must contain provisions obli- gating the owner to redevelop the real property for a specified use consistent with the provisions of this chapter and offering recourse to the city if the redevelopment is not completed as determined by the city. E.Review.The provisions of this section shall be reviewed by the commission in five years and updated as needed. (Ord. No. 1645, § 18.40.180, 8-15-2005; Ord. No. 1693, § 12(18.40.180), 2-20-2007; Ord. No. 1709, § 11(18.40.180), 7-16-2007; Ord. No. 1761, exh. G(18.40.180), 7-6-2009) Sec. 38.22.190. Stable, commercial. A. The minimum property size shall be ten acres. B. Structures or facilities used for stabling, stor- ing, showing or training of animals shall be set back a minimum of 100 feet from any adjacent privately owned property. Dwelling units, accessory struc- tures incidental to dwelling units and irrigated pasturage may occur within the 100-foot setback area subject to the setback requirements of the applicable zoning district. C. There shall be at least a 20-foot yard adjacent to any street. D. There shall be no shows or other activities which would generate more traffic than is normal to a residential area, unless the proposed site has direct access from an arterial street as set forth in the city growth policy. Permission for such shows and activities shall be obtained from the city. Notifica- tion shall be provided in a letter that explains the nature and duration of the activity, and accommo- dations for spectators, traffic control and additional § 38.22.180 BOZEMAN MUNICIPAL CODE CD38:148PROOFS parking for cars and trailers. This letter shall be submitted to the planning director at least one month prior to the date of the show or activity. E. All pasture and animal storage areas shall be enclosed with fences or walls of a minimum of four feet six inches in height. The design of these enclosures shall be shown on drawings submitted with the conditional use permit application. F. All laws applicable to the public health and appropriate care of animals must be complied with for the entire period of operation of the stable. G. All activity and pasture areas that are not grassed shall be treated for dust control as approved by the planning director. H. Adequate parking for daily activities shall be shown on the site plan and improved to city parking standards. Additional parking, improved as deter- mined by the planning director, shall be provided for shows or other special events. (Ord. No. 1645, § 18.40.190, 8-15-2005; Ord. No. 1693, § 12(18.40.190), 2-20-2007; Ord. No. 1709, § 11(18.40.190), 7-16-2007; Ord. No. 1761, exh. G(18.40.190), 7-6-2009) Sec. 38.22.200. Tennis and racquet club. A. The use will be compatible with any adjacent neighborhood and will not be detrimental to the same due to: 1. Increased automobile traffic; 2. Noise generated from within the site. B. Perimeter fencing of the site may be required, fencing of outdoor courts shall not exceed 16 feet in height, and fencing may be required to be opaque by the planning director or city commission. C. When the club is located within a residential zoning district, there shall be no shows, tourna- ments or other activity which would generate more traffic than is normal to a residential area, unless access is provided from an arterial street as set forth in the city growth policy. If access is not provided from an arterial street, permission for such shows and activities shall be obtained from the city com- mission. Permission shall be requested in a letter with a site sketch that explains the nature and duration of the activity and accommodations for spectators, additional parking and traffic control. This letter shall be submitted to the city clerk for city commission consideration. D. There shall be a landscaped 50-foot buffer strip adjacent to any residential zoning district, or as otherwise determined by the ADR or DRB. E. Hours of operation may be controlled by the city commission. (Ord. No. 1645, § 18.40.200, 8-15-2005; Ord. No. 1693, § 12(18.40.200), 2-20-2007; Ord. No. 1709, § 11(18.40.200), 7-16-2007; Ord. No. 1761, exh. G(18.40.200), 7-6-2009) Sec. 38.22.210. Community center. A. Within residential districts, there shall be public street access onto an arterial or collector standard street within 600 feet of the entrance to a community center site. B. Community centers located within residential districts shall, when any individual structure ex- ceeds 5,000 square feet in gross floor area or exceeds the district's allowed maximum height, provide a 20 foot landscaped yard between the building and adjacent residential uses. A structure separated from the adjacent residential uses by a parking lot, public street, watercourse, public open space, or similar separation is exempt from the additional yard width requirement. C. Each community center site with more than 40 parking spaces shall provide a minimum of two ingress/egress points which comply with section 38.24.090. (Ord. No. 1693, § 12(18.40.200), 2-20-2007; Ord. No. 1709, § 11(18.40.210), 7-16-2007; Ord. No. 1761, exh. G(18.40.210), 7-6-2009) Sec. 38.22.220. Medical marijuana. A. Any activity involving medical marijuana must meet all requirements of state law including, but not limited to, the standards of title 50, chapter § 38.22.220UNIFIED DEVELOPMENT CODE CD38:149PROOFS 46, Montana Code Annotated (MCA 50-46-101 et seq.), and limits on possession, clean air, etc., and any applicable administrative rules established by the state. Should such rules or laws change, any medical marijuana facility shall immediately begin any required process to come into compliance with the new rules. This includes submittal for review of applications to the city as they may relate to zoning, business licensing, or other municipal programs. Compliance with city zoning regulations does not shield any person, corporation, or other legal entity from the requirements of, or enforcement by, other governing entities, or from civil liabilities. 1. Unless specifically exempted, any person or an existing or proposed entity intending to conduct activities which meet the defini- tions of "agriculture," "manufacturing," "of- fice" or "retail" as established in article 42 of this chapter which is for the purpose of growing, processing, distribution, and/or any other activity related to medical mari- juana shall in addition to this section, com- ply with all other provisions of the this Code, and shall not be located within 1,000 linear feet of the exterior property line of: a. All schools or facilities owned or operated by Bozeman School District 7 whether located inside or outside the city limits; or b. Allprivateschools,notincludinghome schools, whether located inside or out- side the city limits, which provide instruction in the class range from kindergarten to 12th grade and which are either subject to MCA 20-5-109, or listed as a kindergarten provider by the county superintendent of schools. c. For purposes of this section, specified distances will be measured in a straight line, without regard to intervening structures from the property line of a school as stated in subsections 1a and b of this section, regardless of whether those schools are located within the jurisdictional limits of the city, to the property lien of the business provid- ing medical marijuana. 2. Any activities meeting the definitions of "agriculture," "manufacturing," "office" or "retail" as established in article 42 of this chapter which is for the purpose of grow- ing, processing, distribution, and/or any other activity related to medical marijuana may not be located in the R-4 residential high density district and the R-O residential office district when it overlays a residen- tially oriented growth policy designation; or within the core area of the B-3 district as defined in section 38.10.010.A.3. 3. The requirements of subsections 1 and 2 of this section do not apply to: a. An individual registered qualifying patient who possesses marijuana in accordance with the limits and require- ments of title 50, chapter 46, Montana Code Annotated (MCA 50-46-101 et seq.) solely for that qualifying pa- tient's own use; or b. To a caregiver providing care to not more than two qualifying patients who reside within the same dwelling as the caregiver. The caregiver and qualify- ing patients shall maintain appropriate state agency qualification at all times that medical marijuana is present. 4. Establishing a medical marijuana facility may result in a change in the designation of building code occupancy type. A change in use or occupancy type may require physical modifications to the structure which must be approved by the building division prior to any construction as required by section 38.34.100. 5. Air discharge control. Any medical mari- juana growing or processing operation that § 38.22.220 BOZEMAN MUNICIPAL CODE CD38:150PROOFS contains 24 or more marijuana plants at any one time shall provide a forced air vent discharge point that is: a. Located no closer than 30 feet from an adjacent property line or a residence; or b. Provides a mechanical filtration sys- tem to control discharges of particu- lates and odors. The ventilation filtra- tion system shall be designed by a mechanical engineer licensed to prac- tice in the state such that odors and particulates may not be detected by unaidedhumanobservationattheprop- erty boundary, and noise produced by the system shall be controlled and minimized. 6. Any person making application for a zon- ing approval for a medical marijuana busi- ness shall provide evidence of DPHHS approval as a caregiver at the time of application and shall maintain such DPHHS approval at all times. Failure to maintain approval immediately suspends zoning ap- proval to operate a medical marijuana busi- ness in the city. 7. These regulations are for review of appli- cations to the city and do not restrict property owners from establishing more stringent standards for their properties. (Ord. No. 1786, § 8(18.40.220), 7-26-2010) ARTICLE 23. DEVELOPMENT STANDARDS Sec. 38.23.010. General standards. A.Conformance.The design and development of all land uses shall conform to this chapter, adopted growth policies, any relevant adopted neigh- borhood or subarea plan, and other resolutions and regulations, including any and all amendments thereto. B.Natural environment.The design and devel- opment of all land uses shall be properly related to topography, and should, to the extent possible, preserve the natural terrain, natural drainage, exist- ing topsoil, trees and other existing vegetation. C.Landsunsuitablefordevelopment.Landwhich the planning director or city commission has found to be unsuitable for development because of poten- tial hazards such as flooding, land slides, excessive slope, rock falls, subsidence, high water table, presence of wetlands; or because of unreasonable burdens on the general public such as requirements for the excessive expenditure of public funds, environmental degradation, or congestion in the streets or roads shall not be used for building or residential purposes unless the hazards or excessive public burdens are eliminated or will be overcome by appropriate design and construction plans. Slopes of 25 percent or greater shall be presumed unbuild- able unless provided otherwise by the developer. (Ord. No. 1645, § 18.42.010, 8-15-2005; Ord. No. 1693, § 13(18.42.010), 2-20-2007; Ord. No. 1709, § 12(18.42.010), 7-16-2007; Ord. No. 1761, exh. H(18.42.010), 7-6-2009; Ord. No. 1769, exh. G(18.42.010), 12-28-2009) Sec. 38.23.020. Neighborhood centers. A. To provide a neighborhood focal point, all residential subdivisions or planned unit develop- ments, that are ten net acres in size or greater, shall have a neighborhood center. Developments may be exempted from this requirement if every lot within the development is within one-half mile of an existing neighborhood center. Generally, the center shall be no less than one acre in size. The center shall be comprised of a park, square, green, plaza, transit stop, neighborhood commercial center, civic use or any combination of these. The following requirements shall apply to all neighborhood cen- ters: 1. The geographic center point of the neigh- borhood center shall be no further than 600 feet from the geographic center point of the development. This requirement may be waived in the following circumstances: a. The development would create par- cels that are all nonresidential; § 38.23.020UNIFIED DEVELOPMENT CODE CD38:151PROOFS b. The center is a neighborhood commer- cial center or is adjacent to a neigh- borhood commercial center; c. The site is constrained by the presence of critical lands; d. The site is part of an approved subarea plan that shows the center in a differ- ent location; or e. The topography of the site presents physical constraints on the property. 2. With the exception of civic and neighbor- hood commercial center uses, the developer shall be responsible for installing all center- related improvements as part of the re- quireddevelopmentimprovements.Improve- ments shall be installed with each phase when a multi-phase project is developed. Required improvements shall be based on the definition of each feature found in article 42 of this chapter, and/or city stan- dards. 3. The neighborhood center shall have front- age along 100 percent of its perimeter on public or private streets or roads. The city may consider and approve the installation of streets along less than 100 percent, but not less than 50 percent, of the perimeter in accordance with section 38.27.060. 4. With the exception of civic and neighbor- hood commercial center buildings and grounds, the center shall be considered a common area to be owned and maintained by the property owners or a property own- ers association. The property owners asso- ciation could establish an improvement dis- trict to collect assessments to pay for the maintenance. 5. Areas within neighborhood centers used for park, square, green and/or square, that meet the following criteria, may count towards park land dedication requirements subject to review and approval by the city commis- sion, after receiving a recommendation from the city recreation and parks advisory board: a. The area is predominantly open space with enhanced natural features, but may contain amenities such as side- walks, seating, drinking and ornamen- tal fountains and public art; and b. The area provides active and/or pas- sive recreation opportunities. 6. The neighborhood center may be used for limited stormwater retention/detention fa- cilities if reviewed and approved by the city engineer. However, any part of the center used for stormwater management shall not count towards park dedication require- ments. (Ord. No. 1645, § 18.42.020, 8-15-2005; Ord. No. 1693, § 13(18.42.020), 2-20-2007; Ord. No. 1709, § 12(18.42.020), 7-16-2007; Ord. No. 1761, exh. H(18.42.020), 7-6-2009; Ord. No. 1769, exh. G(18.42.020), 12-28-2009) Sec. 38.23.030. Lot. A.Dimensions and orientation.Lot size, width, shape and orientation shall be appropriate for the location and contemplated use of the development. In residential developments, a variety of lot sizes shall be provided to facilitate housing diversity and choice, and to meet the projected requirements of people with different housing needs. Lot designs with irregular shapes, narrow necks, points and flag shapes shall be permitted only when the developer can demonstrate that the proposed lot designs are necessary due to topography or other physical constraints. Each lot shall contain a satisfactory building site adequate for the uses permitted in its zoning district. Each lot shall conform to this chapter, any growth policies, any relevant neighbor- hood or subarea plan, where officially adopted, and to any applicable regulations of the state department of environmental quality. B.Division by rights-of-way.No single lot shall be divided by a public street, alley, or public or private utility right-of-way or easement, which § 38.23.020 BOZEMAN MUNICIPAL CODE CD38:152PROOFS would reduce the amount of buildable land to less than the minimum lot size required by this chapter for the applicable zoning district. C.Double/through and reverse frontage.Double/ through frontage and reverse frontage lots shall be avoided except where essential to provide separa- tion of residential development from arterial streets; to provide access to development adjacent to lim- ited access streets; to overcome topography or other physical conditions; or to overcome specific disad- vantages of existing design and orientation. Lots fronting on a street and an alley shall not be considered double/through or reverse frontage lots. D.Corner lots.Corner lots shall have sufficient width to permit appropriate building setbacks from both streets and provide acceptable visibility for traffic safety. 1. Generally, homes on corner lots shall have the same orientation as homes on lots on the interior of the block, unless otherwise approved through an overall development plan. Covenants shall contain information regarding the orientation for all corner lots. E.Width.Lots shall have a width sufficient to allow normal construction without the construction encroaching on property lines, and shall comply with the building setback requirements of this chapter. F.Depth.Except for individual lots for individ- ual townhomes, lots used to meet the requirements of chapter 10, article 8, and for modular lots as allowed by subsection K of this section, no lot shall have an average depth greater than three times its average width. G.Side lot lines.Side lot lines shall be at substantially right angles to street or road lines and radial to curved street or road lines. H.Frontage.Unless otherwise allowed by this chapter, all lots will have frontage in compliance with section 38.24.090.B to provide, among other things, adequate room for snow removal, lot access and utility easements. I.Civic uses.If lots are reserved or identified for civic uses, these lots must be prominent sites at the termination of street vistas, or in the neighborhood center. J.Exceptions.Commonly owned lots used for accessory uses (i.e., stormwater management, open space, utilities) are exempt from the provisions of this section. (Ord. No. 1645, § 18.42.030, 8-15-2005; Ord. No. 1693, § 13(18.42.030), 2-20-2007; Ord. No. 1709, § 12(18.42.030), 7-16-2007; Ord. No. 1761, exh. H(18.42.030), 7-6-2009; Ord. No. 1769, exh. G(18.42.030), 12-28-2009) Sec. 38.23.040. Blocks. A. Size and orientation. Blocks shall be de- signed to ensure a high level of multimodal con- nectivity, traffic safety, and ease of traffic control and circulation; to accommodate the special needs of the use contemplated; and to take advantage of the limitations and opportunities of the topography. B. Block length. Block length shall not be de- signed, unless otherwise impractical, to be more than 400 feet in length or less than 300 feet in length. Block lengths can be longer than 400 feet if necessary due to topography, the presence of critical lands, access control, or adjacency to existing parks or open space. In no case shall a block exceed 1,320 feet in length. C. Block width. Blocks shall not be less than 200 feet or more than 400 feet in width, except where essential to provide separation of residential development from a traffic arterial or to overcome specific disadvantages of topography and orienta- tion. D. Rights-of-way for pedestrians. Rights-of-way for pedestrian walks, not less than ten feet wide, shall be required where deemed necessary to pro- vide circulation or access to parks, open space, schools, playgrounds, shopping centers, transporta- tion, and other community facilities. In addition, no continuous length of block shall exceed 600 feet § 38.23.040UNIFIED DEVELOPMENT CODE CD38:153PROOFS without intersecting a street or pedestrian walk. Pedestrian walks shall also be installed at the end of culs-de-sac where deemed appropriate. 1. Yards adjacent to pedestrian rights-of-way less than 30 feet wide shall be treated as corner side yards. Yards adjacent to pedes- trian rights-of-way 30 feet wide or greater shall be treated as side yards; 2. The pedestrian walks shall be maintained by the adjacent property owner or by the property owners association. The party re- sponsible for maintenance of pedestrian walks shall be identified in the preliminary plat application; and 3. Pedestrian walks shall be constructed as a city standard sidewalk, and the provisions of section 38.24.080 shall apply. E. Developments which have clearly delineated blocks shall use block numbers or letters, and each block shall contain its own grouping of lot numbers. (Ord. No. 1645, § 18.42.040, 8-15-2005; Ord. No. 1693, § 13(18.42.040), 2-20-2007; Ord. No. 1709, § 12(18.42.040), 7-16-2007; Ord. No. 1761, exh. H(18.42.040), 7-6-2009; Ord. No. 1769, exh. G(18.42.040), 12-28-2009) Sec. 38.23.050. Utilities. A. Utilities shall be placed underground, wher- ever technically and economically feasible. Under- ground utilities, if placed in a street right-of-way, shall be installed after the street has been brought to grade and before it is surfaced. B. If overhead utility lines are used, they shall be located at the rear property line. C. Utility facilities shall be designed by utility firms in cooperation with the developer. The facil- ities are subject to all applicable laws, rules and regulations of the appropriate regulatory authori- ties. D. The developer shall provide adequate and appropriate utility easements in compliance with section 38.23.060. (Ord. No. 1645, § 18.42.050, 8-15-2005; Ord. No. 1693, § 13(18.42.050), 2-20-2007; Ord. No. 1709, § 12(18.42.050), 7-16-2007; Ord. No. 1761, exh. H(18.42.050), 7-6-2009; Ord. No. 1769, exh. G(18.42.050), 12-28-2009) Sec. 38.23.060. Easements. A.Required easements.Where determined to be necessary, public and/or private easements shall be provided for private and public utilities, drainage, vehicular or pedestrian access, etc. 1. In subdivisions, all easements shall be de- scribed, dimensioned and shown on the final plat in their true and correct location. 2. In all other developments, the proper ease- ments documents shall be prepared for review and approval by the city, and filed at the county clerk and recorder's office. The easement documents shall be accompanied by an exhibit indicating the dimensions, and true and correct location, of all ease- ments. 3. No lot shall be encumbered by a public or private utility easement in a way that would decrease the amount of buildable land to less than the area required by this chapter for the applicable zoning district. B.Private utility easements.Private utilities in- clude, but are not limited to, natural gas, electricity, telephone, cable and fiber optic lines. The devel- oper shall provide private utility easements neces- sary to extend private utilities to the development, and to provide for the construction and maintenance of private utilities within the development. 1. General. a. Building setbacks shall be coordi- nated with all provided utility ease- ments. If a utility easement will be greater than the building setback re- § 38.23.040 BOZEMAN MUNICIPAL CODE CD38:154PROOFS quired by this chapter, a note to that effect shall be placed on the final plat and/or final site plan as appropriate. b. Where a utility easement is to be located in an existing, dedicated right- of-way, an encroachment permit must be obtained from the local or state street or road department having ju- risdiction. c. If placed in a city right-of-way, ease- ments shall be in a location required by and agreed upon in writing by all of the appropriate utility companies and the city commission. 2. Easement size. a. Front yard utility easements. Front yard utility easements shall be ten feet wide, and shall always be provided unless written confirmation is submit- ted to the planning department from all utility companies providing service indicating that front yard easements are not needed. b. Rear yard utility easements. The pro- vision of rear yard utility easements is not mandatory unless they are re- quired by any or all of the utility companies to adequately serve the development. If provided, rear yard utility easements on each lot shall be six feet wide if adjacent to a public alley and ten feet if not adjacent to a public alley. c. Side yard utility easements. The pro- vision of side yard utility easements is not mandatory unless they are re- quired by any or all of the utility companies to adequately serve the development. If provided, the width of the side yard utility easement shall be determined on a case-by-case basis based on the needs of the utility com- panies. 3. Private utility plans. a. When the concurrent construction op- tion will be used, based on the provi- sions of section 38.39.030.D, private utility plans shall be included with the preliminary PUD submittal. b. Private utility plans shall be provided with any plans and specifications sub- mittals for the construction of new water, sewer or street infrastructure as specified in the city's design standards and specifications policy. 4. No building shall be constructed that en- croaches on a private utility easement un- less written approval from all utility com- paniesisprovidedtotheplanningdepartment. C.Public utility easements.Public utilities in- clude water, sewer and stormwater facilities that are dedicated to and maintained by the city. 1. A public utility easement shall be granted for all public utility mains not located within public street right-of-way. An ease- ment shall be at least 30 feet wide for either one or two utility mains. An additional ten feet of width is required for each additional main that occupies the easement. Wider easements may be required at the discretion of the city for large utility lines. 2. Public utility easements shall be provided for all meter pits and fire hydrants main- tained by the city. 3. No permanent structures shall be placed within public utility easements unless an encroachment permit has been obtained from the city. D.Easements for agricultural water user facil- ities. 1. Except as noted in subsection D.2 of this section, the developer shall establish appro- priate irrigation facility easements that: a. Are in locations of appropriate topo- graphic characteristics and sufficient § 38.23.060UNIFIED DEVELOPMENT CODE CD38:155PROOFS width to allow the physical placement and unobstructed maintenance of ac- tive open ditches or below ground pipelines. The easement shall facili- tate the delivery of water for irrigation to persons and lands legally entitled to the water under an appropriated water right or permit of an irrigation district or other private or public entity formed to provide for the use of the water right; (1) The easements shall ensure the conveyance of irrigation water through the land to be developed to lands adjacent to or beyond the development's boundaries in quantities and in a manner that are consistent with historic and legal rights; and (2) A minimum easement width of ten feet is required on each side of irrigation canals and ditches. b. Are a sufficient distance from the centerline of the irrigation facility to allow for construction, repair, mainte- nance and inspection of the ditch or pipeline; and c. Prohibit the placement of structures or the planting of vegetation other than grass within the irrigation facility ease- ment without the written permission of the facility owner. 2. The developer need not establish irrigation facility easements as provided above if the following provisions were met or will be met via the subdivision process: a. The average lot size is one acre or less and the subdivider provides for dis- closure, in a manner acceptable to the city commission, that adequately no- tifies potential buyers of lots that are classified as irrigated land and may continue to be assessed for irrigation water delivery even though the water may not be deliverable; or b. The water rights are removed or the process has been initiated to remove the water rights from the subdivided land. If the water rights have been or will be removed from the land within the development it shall be denoted on the preliminary plat. If removal of water rights is not complete upon filing of the final plat, the subdivider shall provide written notification to prospective buyers of the intent to remove the water right and shall doc- ument that intent, when applicable, in agreements and legal documents for related sales transactions. 3. The realignment or relocation of active irrigation ditches or pipelines is discour- aged. If an irrigation facility or points of diversions thereon are proposed to be re- aligned or relocated, the developer's profes- sional engineer shall certify, prior to final plat or final plan approval, that the water entering and exiting the realigned or relo- cated irrigation facility is the same quality and amount of water that entered or exited the facility prior to realignment or reloca- tion. 4. Stormwater from a development shall not be discharged to an irrigation facility. 5. As land is converted from agricultural to urban uses, and irrigation ditches are no longer in use, the ditches shall be aban- doned and filled. E.Other easements.Public access easements for streets and trails shall be provided in accordance with the provisions of articles 24 and 27 of this chapter. (Ord. No. 1645, § 18.42.060, 8-15-2005; Ord. No. 1693, § 13(18.42.060), 2-20-2007; Ord. No. 1709, § 38.23.060 BOZEMAN MUNICIPAL CODE CD38:156PROOFS § 12(18.42.060), 7-16-2007; Ord. No. 1761, exh. H(18.42.060), 7-6-2009; Ord. No. 1769, exh. G(18.42.060), 12-28-2009) Sec. 38.23.070. Municipal water, sanitary sewer and storm sewer systems. A.General.All municipal water supply, sanitary sewer and storm sewer system facilities shall com- ply with the following requirements: 1. The developer shall install complete munic- ipal water and sanitary sewer system facil- ities, or a system allowed by section 38.21.030.D, and may be required by the city to install municipal storm sewer system facilities. These systems shall be installed in accordance with the requirements of the state department of environmental quality and the city, and shall conform with any applicable facilities plan. The city's require- ments are contained in the Design Stan- dards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications, and by this reference these standards are incor- porated into and made a part of these regulations.Thedevelopershallsubmitplans and specifications for the proposed facili- ties to the city and to the state department of environmental quality and shall obtain their approvals prior to commencing con- struction of any municipal water, sanitary sewer or storm sewer system facilities. 2. The cutting of any city street shall be done in compliance with the city's street cut policy. 3. When a proposed development adjoins un- developed land, and municipal infrastruc- ture mains would reasonably pass through the new development to the undeveloped land, municipal infrastructure mains shall be arranged to allow the suitable develop- ment of the adjoining undeveloped land. Municipal infrastructure mains within the proposed development shall be constructed to the boundary lines of the tract to be developed, unless prevented by topography or other physical conditions. An exception to this standard may be granted by the director of public services upon written request of the applicant, if the applicant demonstrates during the development re- view process that more efficient design can be accomplished without jeopardizing the public's health, safety and welfare, the in- tent of this chapter, or the intent of the city's growth policy, in which case a subdivision variance must be approved by the city commission. B.Municipal water supply system; additional requirements.Municipal water supply system facil- ities shall also comply with the following require- ments: 1. When the city's municipal water main is extended, the length of a dead-end water main typically shall not exceed 500 feet in length, unless approved in writing by the city engineer and the water and sewer superintendent. 2. The length of service lines from the main to the structure may not exceed 150 feet in length, unless approved in writing by the city engineer and water and sewer superin- tendent. (Ord. No. 1645, § 18.42.070, 8-15-2005; Ord. No. 1693, § 13(18.42.070), 2-20-2007; Ord. No. 1709, § 12(18.42.070), 7-16-2007; Ord. No. 1761, exh. H(18.42.070), 7-6-2009; Ord. No. 1769, exh. G(18.42.070), 12-28-2009; Ord. No. 1796, § 1, 1-3-2011) Sec. 38.23.080. Grading and drainage. A. The developer shall install complete drainage facilities in accordance with the requirements of the state department of environmental quality and the city, and shall conform to any applicable facilities plan and the terms of any approved site specific stormwater control plan. The city's requirements are contained in the design standards and specifications policy and the city modifications to state public § 38.23.080UNIFIED DEVELOPMENT CODE CD38:157PROOFS works standard specifications, and by this reference these standards are incorporated into and made a part of these regulations. The developer shall sub- mit plans and specifications to the city and to the state department of environmental quality (if appli- cable), and shall obtain their approvals prior to commencing construction of any drainage system facilities. B. Provisions shall be made for the control and drainage of surface water around buildings. Gener- ally, all lots and street boulevard areas shall be graded no lower than the back of curb or level of street, whichever is applicable, prior to final plat or final occupancy approval as appropriate. Excep- tions may be granted by the city engineer when adequate drainage facilities are provided. All drain- age plans shall comply with the requirements of the International Building Code and International Res- idential Code as adopted by the city, and by this reference these standards are incorporated into and made a part of these regulations. C. Drainage systems shall not discharge into any sanitary sewer facility or agricultural water user facility. D. Stormwater retention or detention ponds may be located within public park land, but such areas shall not count towards the park land dedication requirement.Any stormwater ponds located on park land shall be designed, constructed and/or added to so as to be conducive to the normal use and maintenance of the park. Stormwater ponds serving multiple lots in separate ownership shall not be located on private lots or public right-of-way. Stormwater retention or detention ponds shall be maintained by the property owners association. E. The city may require the developer to estab- lish easements or other perpetual controls to prevent encroachment or disruption of drainageways or facilities. F. Stormwater facilities shall generally not oc- cupy more than one-third of a required front yard. G. All finish grades in landscaped areas shall comply with the provisions set forth in section 38.26.050.L. H. Stormwater retention/detention facilities in landscaped areas shall be designed as landscape amenities. They shall be an organic feature with a natural, curvilinear shape. The facilities shall have 75 percent of surface area covered with live vege- tation appropriate for the depth and design of the retention/detention facility, and be lined with native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to create a func- tional yet, natural site feature. A cross section and landscape detail of each facility shall be submitted with the final landscape plan for review and ap- proval. Facilities with a slope up to and including ten percent grade may be grassed and irrigated to blend into the adjacent landscaped area. (Ord. No. 1645, § 18.42.080, 8-15-2005; Ord. No. 1693, § 13(18.42.080), 2-20-2007; Ord. No. 1709, § 12(18.42.080), 7-16-2007; Ord. No. 1761, exh. H(18.42.080), 7-6-2009; Ord. No. 1769, exh. G(18.42.080), 12-28-2009) Sec. 38.23.090. Fire protection requirements. A. All developments shall be planned, designed, constructed and maintained so as to minimize risk of fire and to permit the effective and efficient suppression of fires in order to protect persons and property. 1. The placement of structures shall minimize the potential for flame spread and permit adequate access for firefighting equipment; and 2. Adequate firefighting facilities shall be pro- vided, including an adequate and accessible water supply and water distribution system. a. National Fire Protection Association (NFPA) standards for hydrant systems shall be met. b. City's requirements as contained in the design standards and specifica- § 38.23.080 BOZEMAN MUNICIPAL CODE CD38:158PROOFS tions policy and the city modifications to state public works standard speci- fications shall apply. (Ord. No. 1645, § 18.42.090, 8-15-2005; Ord. No. 1693, § 13(18.42.090), 2-20-2007; Ord. No. 1709, § 12(18.42.090), 7-16-2007; Ord. No. 1761, exh. H(18.42.090), 7-6-2009; Ord. No. 1769, exh. G(18.42.090), 12-28-2009) Sec. 38.23.100. Watercourse setback. A. Where a development is crossed by or is adjacent to a watercourse, the developer shall mit- igate the impacts of the development on the water- course. This mitigation may not be less restrictive than the requirements of the city floodplain regula- tions or any other applicable regulation of this chapter. The purpose of this mitigation is bank stabilization; sediment, nutrient and pollution re- moval; and flood control. 1.Setback for developments granted prelimi- nary plan or plat approval prior to July 10, 2002.These provisions shall apply to all developments granted preliminary plan or plat approval prior to July 10, 2002, includ- ing applicable subdivision exemptions: a. Setbacks. A minimum 100-foot set- back shall be provided along both sides of the East Gallatin River. A minimum 35-foot setback shall be provided along both sides of all other watercourses. (1) A portion of the required set- back, immediately adjacent to the ordinary high water mark, shall be left in a natural vegeta- tive state as follows: (a) East Gallatin River — 50 feet. (b) Other watercourses — five feet. (2) No fence, residential or commer- cial structure, fill material, park- ing or other similar improve- ments shall be located within required watercourse setbacks. (3) All watercourse setbacks shall be measured from the ordinary high water mark as defined in section 38.42.2200. When no or- dinary high water mark is dis- cernible, setbacks shall be mea- sured from the top of the streambank. 2.Setbacks for developments granted prelim- inary plan or plat approval on or after July 10, 2002.These provisions shall apply to all developments granted preliminary plat or plan approval on or after July 10, 2002. a. In the event a site with an existing development, that is subject to subsec- tion 1 of this section, is submitted to the city for a review subject to articles 19, 20 and 32 of this chapter after July 10, 2002, the proposed development shall comply with this subsection 2 to the extent reasonably feasible given the existing site conditions. The final approval body for the proposed devel- opment shall determine the extent that is reasonably feasible, subject to any appeal provisions that may apply. Such administrative relief shall not reduce setbacks below those provided for in subsection 1 of this section. It is the intent of this subsection 2 that full compliance with the terms of this subsection 2 shall be achieved over time without unduly burdening exist- ing development. b. In addition to any relaxation of water- course setbacks provided by subsec- tion 2.a of this section, nothing in this section shall prohibit an owner of affected property from: (1) Applying for a variance to di- mensional standards of the wa- § 38.23.100UNIFIED DEVELOPMENT CODE CD38:159PROOFS tercourse setbacks as allowed by and subject to the requirements of article 35 of this chapter; (2) When applicable, seeking a de- viation to dimensional standards of the watercourse setback as allowed by and subject to the requirements of articles 16, 17 or 20 of this chapter; (3) Combining two or more lots to assemble a larger and more us- able parcel; (4) Petitioning the state department of fish, wildlife and parks and the county water conservation district to seek the reclassifica- tion of the relevant watercourse as an irrigation facility not sub- ject to the requirements of this section; (5) After receipt of required permits relocating the watercourse; or (6) Pursuing any other lawful means of relief from the effects of this section. c. Setbacks. Unless otherwise specified in subsection 2.e of this section, the following setback requirements shall be met: (1) East Gallatin River. A minimum 100-foot setback shall be pro- vided along both sides of the East Gallatin River. (2) Sourdough/Bozeman Creek and Bridger Creek. A minimum 75- foot setback shall be provided along both sides of Sourdough/ Bozeman and Bridger Creeks. (3) Other watercourses. A minimum 50-foot setback shall be pro- vided along both sides of all other watercourses. (4) All required watercourse set- backs shall be extended as nec- essary to address these addi- tional requirements. (a) The setback shall extend to the edge of any delineated 100-year floodplain if the floodplain is larger than the setbacks established in this subsection 2.c; (b) The setback shall include immediately adjacent wet- lands (i.e., fringe).The buf- fer width shall be extended by the width of the wet- land; (c) Areas with a slope greater than33percentdonotcount towards the width of the setback; and (d) The setback shall include connected wetlands. The buffer width shall be ex- tended by a minimum of 50 feet beyond the perime- ter of the connected wet- lands. (5) All watercourse setbacks shall be measured from the ordinary high water mark as defined in section 38.42.2200. When no or- dinary high water mark is dis- cernible, setbacks shall be mea- sured from the top of the streambank. d. No newly constructed residential or commercial structure, addition to an existing structure, fence, deck, fill material (other than that required for exempt uses), parking lot or other impervious surfaces, or other similar improvements shall be located within required watercourse setbacks, unless approved through, and in confor- mance with, a variance or deviation process as authorized in this chapter. § 38.23.100 BOZEMAN MUNICIPAL CODE CD38:160PROOFS e. Exceptions. The watercourse setback is divided into two zones. Zone 1 consists of the 60 percent of the set- back closest to the watercourse, and Zone 2 consists of the 40 percent of the setback furthest from the water- course. (1) On-site stormwater treatment fa- cilities may be located in Zone 2. (2) Trails and trail-related improve- ments may be placed within the requiredwatercoursesetbacksub- ject to the following provisions: (a) Trails, and trail-related im- provementssuchasbenches and trail signage, may be placed in Zone 2; (b) Limited,non-loopingdevel- oped spur trails to the wa- ter's edge may cross all zones. Benches and limited informational/interpretive signage may be placed in Zone 1 at the terminus of spur trails; (c) Due to topography, avoid- ance of wetlands, or other geographical constraints portions of non-spur trails may need to be placed within Zone 1. Trail con- struction within Zone 1, in- clusive of watercourse crossings and spur trails, per each side of the water- course may not exceed the length of 300 percent of the width of the applicable watercoursesetbackper500 lineal feet of watercourse; (d) All trails must be con- structed to minimize bank instability, sedimentation, nutrient and pollution run- off. Trails shall be aligned tominimizedamagetoplant and wildlife habitat; and (e) Trails crossing the water- course and trail-related bridge structures may be locatedwithinallzonespro- vided that the appropriate local, state and federal per- mits are obtained. (3) Streets, sidewalks, utility lines orsimilarpublicconstructionmay be permitted within all zones for the purpose of crossing a water- course or protecting public health and safety. The following prac- tices shall be observed: (a) Crossings shall be mini- mized to the greatest extent feasible; (b) Crossings with direct an- gles (90 degrees) shall be used to the greatest extent feasible instead of oblique crossing angles; (c) Construction shall be capa- ble of withstanding 100- year flood events; (d) Thesubdivisiongradingand drainage plan shall be de- signed to prevent the dis- charge of untreated stormwater into a water- course; and (e) A bank stabilization plan for all public construction watercourse crossings shall be prepared and approved by the city prior to site preparation and installation of the improvement. (4) Outlets from stormwater treat- ment facilities may pass through all zones in order to discharge to § 38.23.100UNIFIED DEVELOPMENT CODE CD38:161PROOFS the receiving watercourse, pro- vided that all required permits are obtained. (5) Control of noxious weeds is re- quired and activities required within limits outlined in any ap- provednoxiousweedcontrolplan may occur in all zones. f. Setback planting. A setback planting plan shall be prepared by a qualified landscape professional, and shall be reviewed and approved by the plan- ningdepartmentpriortothecommence- ment of development or site prepara- tion.The plan shall include a schedule, and plantings shall be depicted on the plan as follows: (1) Zone 1: Zone 1 shall be planted with new or existing native ma- terials suited for a riparian area based on the following calcula- tions. One hundred percent of the disturbed areas of Zone 1 shall be planted with a ground cover of native riparian sedges, forbs and grasses suited for the area. In addition, a minimum of one shrub for every ten linear feet and one tree for every 30 linear feet of the watercourse shall be required along each side of the watercourse. Grouping or clumping of trees and shrubs as appropriate in a riparian area is encouraged. Species that are ap- propriate to the soil hydrologic conditions (wetness of soil and depth to the water table) should be used. Tree and shrub species selected shall be suitable for the climate and for planting in a riparian area with an emphasis on native species. The Natural Resources Conservation Service (NRCS), the state native plant society and the county local wa- ter quality district (LWQD) are good sources of landscaping ma- terials and/or landscaping infor- mation. (2) Zone 2: Disturbed areas of Zone 2 shall be planted with new or existing native grasses suited for the area. (3) Maintenance of the watercourse setback landscaping is required. If it can be demonstrated that irrigation is present for the trees and shrubs, and fencing is pro- vided for the trees and shrubs, the number of required trees may be reduced to one tree for every 60 linear feet and one shrub for every 20 linear feet of the water- course along each side of the watercourse. (4) Planting materials are exempt from the size requirements of section 38.26.050.G.3. (5) To prevent soil erosion and the invasion of noxious weeds, the watercourse setbacks on all land proposed for development shall be covered with existing vegeta- tion or shall be seeded with na- tive grasses as soon as season- ally feasible or prior to commencement of any site de- velopment or site preparation work. (6) Native shall mean those plants which are native to the Gallatin Valley. (7) Use native grasses, forbs, sedges and other herbaceous plants in areasofdisturbance(e.g.,bridges, culverts, utilities installation, trails) within the watercourse set- § 38.23.100 BOZEMAN MUNICIPAL CODE CD38:162PROOFS back. Native woody plantings are required in all zones in dis- turbed and undisturbed areas. g. Except for as otherwise allowed in subsections 2.e and f of this section, no disturbance of soils and existing vegetation shall occur in all zones. 3.Other provisions. a. The watercourse setback shall be de- picted on all preliminary and final plats and plans. b. These provisions do not apply to ag- ricultural uses, including lands con- trolled in the conservation reserve pro- gram (CRP), activities, and structures that existed prior to the effective date of the ordinance from which this sec- tion is derived. Any agricultural uses, activities or structures established af- ter the effective date of the ordinance from which this section is derived shall comply with these regulations. An agricultural use, activity or struc- ture shall be considered abandoned if not used for agricultural purposes for more than 180 consecutive days. (Ord. No. 1645, § 18.42.100, 8-15-2005; Ord. No. 1693, § 13(18.42.100), 2-20-2007; Ord. No. 1709, § 12(18.42.100), 7-16-2007; Ord. No. 1761, exh. H(18.42.100), 7-6-2009; Ord. No. 1769, exh. G(18.42.100), 12-28-2009) Sec. 38.23.110. Ridgelines and viewsheds. A. For the purpose of having structures blend more naturally into the landscape rather than being a prominent focal point, ridgeline protection areas are established. These areas are defined in article 42 of this chapter and are identified and designated based on topographic characteristics. The Bozeman Ridgeline Map identifies areas with a high likeli- hood of meeting the standards for ridgelines. 1. All buildings located within a ridgeline protection area shall be set back from the ridgeline a distance not less than three times its height above grade. The distance of the setback shall be measured perpendic- ular from the ridgeline. a. Exception. In the event a building permit is sought for a lot approved or created prior to January 1, 2004, the proposed development shall comply with this section to the extent reason- ably feasible given the lot dimensions, orientation, and other characteristics. The final approval body for the pro- posed development shall determine the extent that is reasonably feasible and may relax the special setback required by this section, subject to applicable appeal provisions. Such ad- ministrative relief shall not reduce setbacks below those required else- where in this chapter. (Ord. No. 1645, § 18.42.110, 8-15-2005; Ord. No. 1693, § 13(18.42.110), 2-20-2007; Ord. No. 1709, § 12(18.42.110), 7-16-2007; Ord. No. 1761, exh. H(18.42.110), 7-6-2009; Ord. No. 1769, exh. G(18.42.110), 12-28-2009) Sec. 38.23.120. Mail delivery. If mail delivery will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. It shall not be the responsibility of the city to maintain or plow any mail delivery area constructed within a city right-of-way. (Ord. No. 1645, § 18.42.120, 8-15-2005; Ord. No. 1693, § 13(18.42.120), 2-20-2007; Ord. No. 1709, § 12(18.42.120), 7-16-2007; Ord. No. 1761, exh. H(18.42.120), 7-6-2009; Ord. No. 1769, exh. G(18.42.120), 12-28-2009) Sec. 38.23.130. Fences, walls and hedges. A.Location and height.Except as provided in section 38.24.100, fences, walls and hedges, in any district may be located on lot lines provided such fences, walls and hedges comply with the following height requirements: 1. Do not exceed six feet in height in any required rear or required side yard. Fences § 38.23.130UNIFIED DEVELOPMENT CODE CD38:163PROOFS exceeding six feet in height shall be subject to the minimum yard requirements of the district in which such fences are located. Decorative post caps may exceed the height limit by no more than one additional foot. Fences in excess of six feet in height require a building permit before installation may commence. Fences may not exceed eight feet in height. a. Agate may be provided which defines an entrance point. The gate may have a defining structure so long as the defining structure is not more than one foot wide on either side of the gate. Gate structure heights may not exceed twice the allowed fence height. 2. Do not exceed four feet in height in any required front yard or any portion of a required corner side yard that is forward of the rear edge of the building facade nearest the corner side yard. Decorative post caps may exceed the height limit by no more than one additional foot. 3. Fences used in an agricultural pursuit to retain stock animals or for public safety shall be excepted. 4. The height of fences located in the B-3 district shall meet the requirements of this section for any provided, not required, yards. B.Relation to linear parks.Fences located in the rear or side yard setback of properties adjoining any city linear park shall have a maximum height of four feet. C.Construction and maintenance.Every fence orwallshallbeconstructedinasubstantial,workman- like manner and of substantial material reasonably suited for the purpose for which the fence or wall is proposed to be used. Every fence or wall shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair, damage or unsightliness, or constitute a nuisance, public or private. Any such fence or wall which is, or has become, dangerous to the public safety, health or welfare, or has become unsightly through improper maintenance or neglect is a public nuisance and the building official shall commence proper proceedings for the abatement thereof. D.Barbed wire and electric fences. 1. No barbed wire or similar sharp fencing or electric fences shall be permitted, except in R-S districts; except that barbed wire or other similar sharp fencing materials may be used on the top of security fences in M-1 and M-2 districts. 2. When electrically charged fences are used in an R-S district, such fences shall be posted with warning signs at intervals not to exceed 150 feet where such fences are adjacent to public rights-of-way. E.Measuring fence and wall height.In case of a fence erected on top of a retaining wall, the height shall be measured from the grade of the high side of the wall. F."Finished" side out.Any fence or wall con- structed so as to have only one elevation "finished," which shall be defined as not having its supporting members significantly visible, shall be erected such that the finished elevation of the fence is exposed to the adjacent property. G.Fencing of utilities and outdoor storage ar- eas. 1. All utility substations, wells, storage facil- ities or other utilities shall be screened from view by a wall, fence, hedge or landscape screen. 2. All storage for commercial operations shall be conducted within a completed enclosed building or within an area completely en- closed, except for access points, by a wall, fence, hedge or landscape screen at least six feet in height. (Ord. No. 1645, § 18.42.130, 8-15-2005; Ord. No. 1693, § 13(18.42.130), 2-20-2007; Ord. No. 1709, § 12(18.42.130), 7-16-2007; Ord. No. 1761, exh. H(18.42.130), 7-6-2009; Ord. No. 1769, exh. G(18.42.130), 12-28-2009) § 38.23.130 BOZEMAN MUNICIPAL CODE CD38:164PROOFS Sec. 38.23.140. Off-street loading berth require- ments. A.Affected uses.Every hotel/motel with restau- rant, conference center, restaurant, department store, freight terminal or railroad yard, hospital or sani- tarium, industrial plant, manufacturing establish- ment, retail establishment, storage warehouse or wholesale establishment, and all other structures devoted to similar mercantile or industrial pursuits, which has an aggregate gross floor area of 15,000 square feet or more shall provide off-street truckload- ing or unloading berths in accordance with the following Table 38.23.140: 1. Any office building 100,000 square feet or larger shall have at least one off-street loading berth. Table 38.23.140 Square Feet of Aggregate Gross Floor Area Devoted to Such Use Number of Berths 15,000 square feet up to and including 40,000 square feet 1 40,001 square feet up to and including 100,000 square feet 2 For each additional 100,000 square feet 1 additional B.Standards for off-street loading facilities. All off-street loading facilities shall conform to the following standards: 1. The first loading berth shall be at least 70 feet in length. Additional berths required shall be at least 45 feet in length unless certified by the property owner in writing that additional loading activity will take place exclusively with small delivery vans in which case the berth shall be at least 25 feet in length. All loading berths shall be at least 12 feet in width and 14 feet in height, exclusive of aisle and maneuvering space. 2. Such space may occupy all or any part of any required yard space, except front and exterior side yards, and shall not be located closer than 50 feet to any lot in any resi- dential zone unless separated from such zone, except at the accesses, by screening not less than eight feet in height. 3. Sufficient room for turning and maneuver- ing vehicles shall be provided on the site so that vehicles shall cross a property line only by driving forward. 4. Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley, without traversing a residential district. 5. The loading area, aisles and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained so as to dispose of surface water without damage to private or public prop- erties, streets or alleys. 6. Bumper rails shall be provided at locations where needed for safety or to protect prop- erty. 7. No regular repair work or servicing of vehicles shall be conducted in a loading area. 8. Off-street loading facilities shall be located on the same site with the use for which the berths are required. 9. If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements pre- scribed in this chapter for each use. If more than one use is located on a site, and the gross floor area of each use is less than the minimum for which loading berths are required, but the aggregate gross floor area is greater than the minimum for which loading berths are required, off-street load- ing berths shall be provided as if the aggre- § 38.23.140UNIFIED DEVELOPMENT CODE CD38:165PROOFS gate gross floor area were used for the use requiring the greatest number of loading berths. 10. Off-street loading facilities for a single use shall not be considered as providing re- quired off-street loading facilities for any other use. 11. At the time of initial occupancy, major alterations or enlargement of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street loading berth requirements subject to the provisions of article 39 of this chapter. The number of loading berths provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlarge- ment. 12. Space allocated to any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking fa- cility. (Ord. No. 1645, § 18.42.140, 8-15-2005; Ord. No. 1693, § 13(18.42.140), 2-20-2007; Ord. No. 1709, § 12(18.42.140), 7-16-2007; Ord. No. 1761, exh. H(18.42.140), 7-6-2009; Ord. No. 1769, exh. G(18.42.140), 12-28-2009) Sec. 38.23.150. Lighting. A.Purpose.The purpose of this section is to: 1. Provide lighting in outdoor public places where public health, safety and welfare are potential concerns; 2. Protect drivers, bicyclists and pedestrians from the glare of non-vehicular light sources that shine into their eyes and thereby impair safe travel; 3. Protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied, maintained or shielded light sources; 4. Protect and maintain the character of the city; 5. Prevent excessive lighting and conserve energy; and 6. Provide adequate lighting for safe pedes- trian and bicycle travel. B.General. 1. With the exception of street lighting, light- ing is not required. If installed, all lighting shall comply with the requirements of this section. 2. Unlessotherwiseapprovedthroughaplanned unit development, this section shall apply to all lighting for subdivisions, land uses, developments and buildings. In addition, any site modification that requires a certif- icate of appropriateness, site plan review or reuse application will necessitate compli- ance for all existing and proposed lighting on the site. 3. The provisions of this section are not in- tended to prevent the use of any design, material or method of installation or oper- ation not specifically prescribed herein, provided any such alternate has been ap- proved by the planning director. The plan- ning director may approve any such pro- posed alternate, provided the planning director finds that: a. The lighting provides at least approx- imate equivalence to the applicable specific requirements of this section; and b. The lighting is otherwise satisfactory and complies with the intent of this section. C.Street lighting.Street lighting consists of street lighting and pathway intersection lighting, and shall comply with the City of Bozeman Design Standards and Specifications Policy. 1.General. a. All street lighting shall be operated and maintained through the creation § 38.23.140 BOZEMAN MUNICIPAL CODE CD38:166PROOFS of a new SILD, through the annexa- tion to an existing SILD or through some other equivalent means ap- proved by the city. The application to create or annex to an existing SILD shall be submitted to the city within two months of preliminary approval of the development. The approval to create or annex to an SILD shall be granted prior to final plat for a subdi- vision or occupancy if a final plat is not required. b. Street lighting shall be installed per section 38.39.030.B. c. Individual yard lights on private prop- erty shall not be used for street light- ing. 2.Streetlights at intersections. a.Illumination requirements. (1)Single installation.The illumina- tion requirement for an intersec- tion streetlight, where only one light is required, shall be deter- mined from Table 38.23.150-1 based on the functional classifi- cation of the street upon which the light is located. (2)Multiple installations.For all in- tersections where more than one streetlight is required, all lights shall be within the same range for measured lumens. The illu- mination requirement shall be determined from Table 38.23.150-1 for the functional classification of the leg of the intersection with the highest re- quirement. b.Non-signalized intersections.Astreet- light shall be installed at each non- signalized street intersection with the following exceptions: (1) At intersections where the width of one or more of the approaches is greater than or equal to 50 feet, as measured to the back of curb or edge of pavement, then two streetlights shall be installed on diagonally opposite corners. (2) At the intersection of two local streets a streetlight may be omit- ted if its installation would vio- late the spacing criteria con- tained in Table 38.23.150-1. c.Signalized intersections.At signalized intersections where all approaches are narrower than 50 feet, as measured to the back of curb or edge of pavement, two streetlights shall be installed on the diagonally opposite corners. At signalizedintersectionswherethewidth of one or more of the approaches is greater than or equal to 50 feet, four streetlights shall be installed, one on each corner. 3.Spacing of streetlights.In addition to inter- section locations, streetlights shall be spaced along streets in accordance with Table 38.23.150-1. _________________________________________________________________________________ § 38.23.150UNIFIED DEVELOPMENT CODE CD38:167PROOFS Table 38.23.150-1 Functional Classification Through Lanes Pedestrian Conflict Maintained Lumens (Minimum Main- tained Average Val- ues) Spacing Arterial 4/2 High 33,000-22,500 225/225 4/2 Low 22,500-13,500 300/275 Collector 4/2 High 22,500-13,500 250/225 4/2 Low 22,500-8,000 300/275 Local 2 Low 9,500-8,000 N/A1 Arterial - Commer- cial center 4/2 High 33,000-22,500 200/175 Collector - Com- mercial center 4/2 High 22,500-13,500 225/175 Local - Commercial center 2 High 9,500-8,000 150 1Streetlights are only required at intersections on local streets. ______________________________________________________________________________________ 4.Streetlight location and placement of equip- ment.In addition to spacing requirements, the following layout criteria shall be used: a. When a streetlight location falls near an unlit intersection, the light shall be located at the intersection; b. Streetlights shall be located at prop- erty lines to the greatest extent possi- ble, but not in conflict with other utility service providers; c. Pole spacing along a street may vary from the criteria of Table 38.23.150-1 by up to 15 percent. For the unifor- mity of appearance, the variance in spacing between adjacent spans should not be more than 15 percent; d. All proposed streets within the pro- posed subdivision, having a curve of 300 feet or longer in length, shall have a streetlight in the middle of the hor- izontal curve or as required by the city engineer; e. A streetlight shall be placed at the terminal ends of center median islands having trees and/or other fixed objects not having a breakaway design for speeds of 25 miles per hour or greater; f. Wiring for streetlights shall be under- ground; g. Additional streetlights may be re- quired by the city commission when potential traffic hazards are identified during plan review; and h. For streets that are wider than 70 feet (from back of curb) the required street- lights shall alternate on either side of the street. 5.Streetlight support structures.The ballasts; pole type, strength and anchor bolts; and pole foundation shall be appropriate for the proposed lighting and shall be installed per themanufacturer'srecommendations.Mount- ing heights shall be measured from grade and shall comply with the requirements of Table 38.23.150-2. § 38.23.150 BOZEMAN MUNICIPAL CODE CD38:168PROOFS Table 38.23.150-2 Maintained Lumens (Minimum Main- tained Average Val- ues) Mounting Height 9,500—8,000 25 feet 22,500—9,500 35 feet 33,000—22,500 38 feet 6.Pathwayintersectionlighting.Pathwaylights shall be installed at all intersections of pathways and streets located within the proposed development or along existing streets or roads abutting the development, if said intersection is located in areas other than lighted intersections.All pathway lights shall comply with city specifications. Table 38.23.150-3 Average Horizontal Illuminance at Pathway in Main- tained Footcandles Mixed vehicle and pedestrian 2.0 Pedestrian only 1.0 Source: Roadway Lighting (RP-8-00), Illu- minatingEngineeringSocietyofNorthAmer- ican, 2000. D.Site lighting. 1.Parking lot lighting. Table 38.23.150-4 Basic1 Security2 Minimum horizon- tal illuminance in maintained footcandles 0.2 0.5 Minimum vertical illuminance in maintained footcandles 0.1 0.25 Basic1 Security2 Uniformity ratio, maximum: mini- mum 20:01 15:00 Source: Parking Lot Lighting, Illuminating Engineering Society of North American, 1998. 1Basic lighting provides for the safety of customers and employees during busi- ness hours, and for the security of on-site, outside storage of goods and/or materials. 2Security lighting provides for the safety of employees during nonbusiness hours, and for the security of on-site, outside storage of goods and/or materials. 2.Building entrances.Illuminance for build- ing entrances (including commercial, indus- trial, institutional and municipal) shall av- erage 5.0 maintained footcandles. 3.Car dealership lighting. Table 38.23.150-5 Area Maximum Illuminance on Pavement (in Main- tained Footcandles) Uniformity Ratio Maximum: minimum Main business districts Adjacentto roadway 10—20 5:01 Other rows 5—10 10:01 Entrances 5—10 5:01 Driveways 2—3 10:01 Secondary business dis- tricts Adjacentto roadway 5—10 5:01 Other rows 2.5—5 10:01 § 38.23.150UNIFIED DEVELOPMENT CODE CD38:169PROOFS Area Maximum Illuminance on Pavement (in Main- tained Footcandles) Uniformity Ratio Entrances 2.5—5 5:01 Driveways 1—2 10:01 Source: Lighting for Exterior Environ- ments, Illuminating Engineering Society of North American, 1998. 4.Service station or gas pump area lighting. Table 38.23.150-6 Area Description Average Illumi- nance on De- scribed Area (in Maintained Footcandles) Approach with dark surroundings 1.5 Driveway with dark surroundings 1.5 Pump island area with dark surroundings 5 Building facades with dark surroundings 2 Service areas with dark surroundings 2 Landscape highlights with dark surroundings 1 Approach with light surroundings 2 Driveway with light surroundings 2 Pump island area with light surroundings 10 Building facades with light surroundings 3 Service areas with light surroundings 3 Landscape highlights with light surroundings 2 Source: Lighting for Exterior Environments, Illumi- nating Engineering Society of North American, 1998. 5.Site lighting support structures.The bal- lasts; pole type, strength and anchor bolts; and pole foundation shall be appropriate for the proposed lighting and shall be installed per the manufacturer's recommendations. Height shall be measured from grade. Ex- cept as allowed in subsections E and G of this section, light poles for parking lot lighting shall not exceed 25 feet. 6.Site lighting installation and maintenance. a. For new installations, electrical feeds for fixtures mounted on poles shall be run underground, not overhead. b. Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces shall be placed a minimum of five feet outside the paved area or on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other approved means. c. Lighting fixtures and ancillary equip- ment shall be maintained so as always to meet the requirements of this sec- tion. 7.Miscellaneous site lighting specifications. Except as otherwise allowed in subsections E and G of this section, all lighting shall comply with the following requirements: a. All outdoor lighting, whether or not requiredbythissection,shallbeaimed, located, designed, fitted and main- tained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by project- ing or reflecting objectionable light onto a neighboring use or property. b. All outdoor lighting fixtures shall be shielded in such a manner that no light § 38.23.150 BOZEMAN MUNICIPAL CODE CD38:170PROOFS is emitted above a horizontal plane passing through the lowest point of the light emitting element, so that direct light emitted above the horizon- tal plane is eliminated. c. Except for residential lighting, streetlighting, pathway intersection lighting and security lighting, all light- ing shall be turned off between 11:00 p.m. and 6:00 a.m. Exceptions shall be granted to those businesses which operate during these hours; such light- ing may remain illuminated only while the establishment is actually open for business. d. Vegetation screens shall not be em- ployed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming an- gle and fixture placement. e. All outdoor lighting shall be designed and located such that the maximum illumination measured in footcandles at the property line shall not exceed 0.3 onto adjacent residential proper- ties and 1.0 onto adjacent commercial properties and public rights-of-way. f. Externally illuminated wall-mounted and pole signs shall be lighted by fixtures mounted at the top of the sign andaimeddownward;ground-mounted sign lighting may only be used for monument style signs. Fixtures used to illuminate signs shall be aimed so as not to project their output beyond the sign. g. Floodlights, spotlights or any other similar lighting shall not be used to illuminate buildings or other site fea- tures unless approved as an integral architectural element on the develop- ment plan. On-site lighting may be used to accent architectural elements but not to illuminate entire portions of buildings. Where accent lighting is used, the maximum illumination on any vertical surface or angular roof surface shall not exceed 5.0 average maintained footcandles. Building fa- cade and accent lighting shall not be approved unless the light fixtures are carefully selected, located, aimed and shielded so that light is directed only onto the building facade and spillover light is eliminated. (1) Directional fixtures used to illu- minate flagpoles (state, United Statesand/orforeignnations)may project their output beyond the flagpole. h. Lights that flash, move, revolve, ro- tate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation are prohibited. i. Translucentawningsandcanopiesused for building accents over doors, win- dows, etc., shall not be internally lit (i.e., from underneath or behind). j. Searchlights, laser source lights or any similar high-intensity light shall not be permitted, except in emergen- cies by police and fire personnel or at their direction, for meteorological data gatheringpurposes,orforspecialevents if a permit is obtained from the plan- ning director. E.Sports and athletic field lighting.Lighting for sports and athletic fields may need to exceed illumination standards for general recreational needs in order to meet higher standards required for play. The city commission may approve relaxations of these lighting standards provided that the following minimum standards are met: 1. Fixtures shall be at least 70 feet in mounted height measured from grade. § 38.23.150UNIFIED DEVELOPMENT CODE CD38:171PROOFS 2. If floodlights are used, they shall not be aimed above 62 degrees and should use internal louvers and external shields to help minimize light pollution. 3. Fixtures shall be designed and aimed so that their beams fall within the primary playing area and the immediate surround- ings, so that off-site direct illumination is significantly restricted (spillover levels at the property line shall not exceed 0.3 footcandle). 4. Lighting shall be extinguished no later than one hour after the event ends. F.Lighting specifications for all lighting.Light fixtures and standards shall be compatible with the surrounding area, the subdivision or site design, and the development's character and/or architecture. 1.Luminaires (light fixtures).Except as oth- erwise allowed in subsections E and G of this section, all luminaires shall comply with the following requirements: a. In all light fixtures, the light source and associated lenses shall not pro- trude below the edge of the light fixture, and shall not be visible from adjacent streets or properties. b. Fixtures shall be of a type and design appropriate to the lighting application. c. For lighting horizontal areas such as roadways, sidewalks, entrances and parking areas, fixtures shall meet IESNA "full-cutoff" criteria (no light output emitted above 90 degrees at any lateral angle around the fixture). d. As needed, fixtures shall be equipped with or be modified to incorporate light directing and/or shielding de- vices such as shields, visors, skirts, internal louvers or hoods to redirect offending light distribution and/or re- duce direct or indirect glare. e. The installation of any mercury vapor light fixture or lamp for use as out- door lighting is prohibited, except that until November 21, 2006 (the fifth anniversary date of the effective date of the ordinance from which this sec- tion is derived), this provision shall not apply to any replacement bulb. G.Historic lighting.The city commission may relax lighting standards and requirements, with the exception of illumination levels, for the provision of historic lighting in the neighborhood conservation overlay district. Historic lights shall be proposed as an integrated part of an overall development plan. The historic preservation planner shall review and approve the proposed lighting for historic appropri- ateness. H.Post installation inspection.The city reserves the right to conduct post-installation nighttime in- spections to verify compliance with the require- ments of this section, and if appropriate, to require remedial action at no expense to the city. I.Compliance monitoring.If the city finds that a lighting installation creates a safety or personal security hazard, the person responsible for the lighting shall be notified in writing and required to take remedial action within 30 days. J.Nuisance glare and inadequate illumination levels.When the city finds that a lighting installa- tion produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels, or otherwise varies from this section, the city may notify the person responsible for the lighting and require appropriate remedial action within 30 days. K.Nonconforming lighting.With the exception of street lighting, security lighting fixtures or a security lighting installation in use on January 1, 2004, that does not conform to this section and that is not otherwise required to be brought into com- pliance pursuant to this section, shall be required to be in compliance five years after the date of enactment of the ordinance from which this provi- sion is derived. Any other lighting fixture or light- ing installation existing on the effective date of the § 38.23.150 BOZEMAN MUNICIPAL CODE CD38:172PROOFS ordinance from which this provision is derived that does not conform to the requirements of this section shall be considered as a legal conformance. (Ord. No. 1645, § 18.42.150, 8-15-2005; Ord. No. 1693, § 13(18.42.150), 2-20-2007; Ord. No. 1709, § 12(18.42.150), 7-16-2007; Ord. No. 1761, exh. H(18.42.150), 7-6-2009; Ord. No. 1769, exh. G(18.42.150), 12-28-2009; Ord. No. 1796, § 2, 1-3-2011) Sec. 38.23.160. Outdoor storage. A. All materials, supplies, merchandise or other similar matter not on display for direct sale, rental or lease to the ultimate consumer or user shall be stored within the confines of a 100 percent opaque wall or fence not less than six feet tall. B. No storage of any type shall be permitted within any required yard, and shall be subject to section 38.22.150. C. All areas designated for vehicle and equip- ment storage shall be screened from view from the street and adjacent properties as per subsectionAof this section. Vehicle and equipment storage areas shall not be subject to parking lot paving or land- scape requirements, but shall be subject to drainage detention requirements and appropriate dust control requirements. (Ord. No. 1645, § 18.42.160, 8-15-2005; Ord. No. 1693, § 13(18.42.160), 2-20-2007; Ord. No. 1709, § 12(18.42.160), 7-16-2007; Ord. No. 1761, exh. H(18.42.160), 7-6-2009; Ord. No. 1769, exh. G(18.42.160), 12-28-2009) Sec. 38.23.170. Trash and garbage enclosures. A. A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than single-household dwellings, duplexes, individually owned townhouse or condominium units, in every zoning district, except where a property is entirely surrounded by screen walls or buildings. Trash enclosures shall be constructed so that contents are not visible from a height of five feet above grade from any abutting street or property. Trash enclosures shall comply with the following regulations: 1.Location.Trashenclosures,surroundingstan- dard steel bins (dumpsters), shall be located on the site for convenient pickup service, and the location shall be shown on required site plans. Trash enclosures shall not be located in required front yards, and shall be situated so that containers can be pulled straight out of the enclosure or so the sanitation truck can back straight into it. The location of all trash enclosures shall be subject to review and approval by the city sanitation department. 2.Construction.Trash enclosures shall be con- structed of solid or ornamental pierced masonry walls or other appropriate materi- als, with a solid concrete floor sloped for drainage and maintenance of sanitary con- ditions. Enclosures shall be architecturally compatible with the principal structure. En- closures shall be of sufficient height to conceal contents, including containers, but in no case shall be less than four feet in height above grade. 3.Exception.A garbage enclosure is not re- quired for dumpsters accessed via an alley. (Ord. No. 1645, § 18.42.170, 8-15-2005; Ord. No. 1693, § 13(18.42.170), 2-20-2007; Ord. No. 1709, § 12(18.42.170), 7-16-2007; Ord. No. 1761, exh. H(18.42.170), 7-6-2009; Ord. No. 1769, exh. G(18.42.170), 12-28-2009) Sec. 38.23.180. Water rights. A. Prior to a final approval of all development reviewed as a site plan, conditional use permit, planned unit development, or subdivision and prior to an annexation of any land, one of the following must occur: 1. Payment shall be made to the city of a payment-in-lieu of water rights calculated based on the annual demand for volume of § 38.23.180UNIFIED DEVELOPMENT CODE CD38:173PROOFS water the development will require multi- plied by the most current annual unit price; or 2. A transfer to the city of ownership of water rights adequate to provide the volume of water the development will require.Atrans- fer of ownership of water rights must be in a manner approved by the director of public services. B. If adequate water rights or a payment-in-lieu was previously provided to the city for the subject property, evidence of those rights or payment-in- lieu may be offered to demonstrate compliance with this section. If the expected demand for water by the proposed development increases by more than one acre-footoverthatforwhichwaterrightsorpayment- in-lieu of water rights were previously provided, additional water rights or payment-in-lieu of water rights equal to the difference between the previ- ously provided water rights or payment-in-lieu and the estimated current demand or payment-in-lieu price shall be provided. C. Provision of water rights or payment-in-lieu may be deferred by phase for phased developments or for annexations when the phase or annexation is in excess of ten acres. D. The city manager may adopt administrative procedures to implement this section. The director of public services shall adopt standards for the calculation of demand for water use. The city commission shall establish the unit cost for payment- in-lieu by resolution. E. The amount paid for a payment-in-lieu shall be calculated using the per unit price in effect on the date the payment-in-lieu of water rights is to be made to the city. (Ord. No. 1796, § 3(18.42.180), 1-3-2011) ARTICLE 24. TRANSPORTATION FACILITIES AND ACCESS Sec. 38.24.010. Streets, general. A. All streets shall be provided in accordance with the adopted growth policy and/or transporta- tion plan. The arrangement, type, extent, width, grade and location of all streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed uses of the land to be served by such streets. The design standards contained in these regulations shall apply to all construction, reconstruction and paving of streets. 1.Relation to undeveloped areas.When a proposed development adjoins undevel- oped land, and access to the undeveloped land would reasonably pass through the new development, streets within the pro- posed development shall be arranged to allow the suitable development of the ad- joining undeveloped land. Streets within the proposed development shall be con- structed to the boundary lines of the tract to be developed, unless prevented by topogra- phy or other physical conditions, in which case a subdivision variance must be ap- proved by the city commission. 2.Relation to developed areas.The developer shall arrange the streets to provide for the continuation of streets between adjacent developed properties when such continua- tion is necessary for the convenient move- ment of traffic, effective provision of emer- gency services and efficient provision of utilities. 3.Separation of through and local traffic. Where a development abuts or contains an existing or proposed arterial or collector street, the developer may be required to provide frontage roads, reverse frontage with a reservation prohibiting access along the rear property line, screen planting, or such other treatment as may be necessary for protection of residential properties and to afford separation of through and local traffic. 4.Distance between parallel rights-of-way. Where a development borders on or con- tains a railroad, limited access highway, canal, ditch or stream right-of-way, the developer may be required to provide a § 38.23.180 BOZEMAN MUNICIPAL CODE CD38:174PROOFS street approximately parallel to and on each side of such right-of-way at a distance suitable to allow for the appropriate use of the intervening land. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separation. 5.Dead-end streets.Dead-end streets shall comply with city design specifications and standards, and with any city-adopted Inter- national Fire Code. No dead-end streets longer than 150 feet shall be permitted without an approved turn around. Where streets terminate, the developer shall pro- vide a cul-de-sac at the terminus. Where it is planned that a dead-end street will be extended in the future, a temporary cul-de- sac shall be provided. All approved turn- arounds shall be signed as no parking. a. "T" turnarounds, in-lieu of a tempo- rary cul-de-sac, must be specifically approved by the city engineer. "T" turnarounds shall include two straight backup lengths of 45 feet each to accommodate city fire trucks.All other design requirements shall be estab- lished by the city engineer. 6.Local streets.Local streets shall be laid out to discourage speeding. 7.Half streets.Half streets are prohibited except when they are essential to the devel- opment, are beneficial to the city, or when the city engineer is satisfied that the half of the street will be dedicated to the public when the adjoining property is developed. Half streets must be approved by the city engineer, and when adjacent to unannexed land, the county road office. When an existing half street is adjacent to a tract to be developed, the undeveloped half of the street shall be provided with the new devel- opment. 8.Second or emergency access.To facilitate traffic movement, the provision of emer- gency services and the placement of utility easements, all developments shall be pro- vided with a second means of access. If, in the judgment of the development review committee (DRC), a second dedicated right- of-way cannot be provided for reasons of topography or other physical conditions, the developer shall provide an emergency access, built to the standards detailed in these regulations. a. This provision may be waived or con- ditionally waived by the DRC. 9.Culs-de-sac.Culs-de-sac are generally pro- hibited. The city engineer may consider and approve the installation of a cul-de-sac only when necessary due to topography, the presence of critical lands, access control, adjacency to parks or open space, or similar site constraints. Pedestrian walks shall be installed at the end of culs-de-sac where deemed appropriate. 10.Bridges and culverts.Culverts or bridges shall be provided and installed by the de- veloper where drainage channels intersect any street right-of-way. a. Bridges. Bridges shall be built to state department of transportation H-20 load standards, and shall be reviewed and approved by the county road office and the city engineering department. b. All culverts shall, at a minimum, ex- tend across the entire improved width of the street cross section. The size and length of the culvert and the amount of backfill over the culvert shall be determined by a registered professional engineer, when deter- mined necessary by the city engineer- ing department. (1) Each culvert or other drainage facility shall be large enough to accommodate potential runoff from upstream drainage areas. § 38.24.010UNIFIED DEVELOPMENT CODE CD38:175PROOFS The minimum capacity of a cul- vert shall be equivalent to a circular diameter of 15 inches. 11.Encroachment permits.The subdivider shall be required to obtain encroachment permits for all access to state highways. 12.Traffic control devices.Street signs and other traffic control devices shall be in- stalled at all intersections and any other location required by the city. The location, size, shape and height of all traffic control devices shall comply with city require- ments, and shall conform with the Manual of Uniform Traffic Control Devices (MUTCD) and the city modifications to state public works standard specifications. 13.Sight distances.The alignment of all streets shall provide adequate sight distances based on design operating speeds. (Ord. No. 1645, § 18.44.010, 8-15-2005; Ord. No. 1693, § 14(18.44.010), 2-20-2007) Sec. 38.24.020. Street and road dedication. A.General.All streets or alleys within, or pro- viding access to, the proposed development shall be dedicated to the public, be private streets to be owned and maintained by an approved property owners association, or, if the criteria of this section are met, be a public street easement. 1.Public street easements.Public street ease- ments shall: a. Be approved by the city attorney's office; b. Be recorded in the county clerk and recorder's office; and c. Clearly grant to the public an unre- stricted right of ingress and egress from a public street to the property to be subdivided. 2.Private streets. a. Private streets may be required to have a public access easement if deemed necessary by the city. b. If a private street is proposed, the project shall be reviewed as a planned unit development. However, develop- ment proposals containing private streets shall be exempt from the PUD review requirement if: (1) Alocal private street is proposed and the street would comply with the city standard right-of-way requirement of 60 feet, and the standard back-of-curb to back- of-curb width of 31, 33 or 35 feet; or (2) Alocal private street is proposed and the street would comply with the city standard right-of-way requirement of 60 feet.The back- of-curb to back-of-curb width could vary from city standards, provided that: (a) A permanent funding source, such as the levying of assessments against all properties within the devel- opment, for street mainte- nance is established and the funding levels will be ade- quate for all future private street maintenance; and (b) The developer signs a waiver of right to protest the creation of SIDs, or other perpetual legal instru- ment, acknowledging that the city will not assume dedication and/or mainte- nance of the streets unless the street is brought up to city standards, or the prop- erty owners have agreed to an assessment to fund im- provements required to bring the street up to city standards. The developer shall record the waiver, or § 38.24.010 BOZEMAN MUNICIPAL CODE CD38:176PROOFS other legal instrument, at the time of final plat recor- dation, or prior to issuance of building permits if no final plat recordation is re- quired. c. Documented proof of adequate main- tenance funding and scheduling, for all private streets, shall be provided, subject to section 38.38.030. (Ord. No. 1645, § 18.44.020, 8-15-2005; Ord. No. 1693, § 14(18.44.020), 2-20-2007) Sec. 38.24.030. Intersections. A. The following requirements apply to street intersections: 1. Streets shall intersect at 90-degree angles except when topography prohibits this align- ment. In no case shall the angle of an intersection be less than 60 degrees to the centerline of the street or road being inter- sected; 2. Two streets meeting a third street from opposite sides shall be offset at least 125 feet for local roads and 300 feet for arterials or collectors. Distances shall be measured from the inside edge of the access, extended at its intersection with the projected curbline of the intersecting street, to the right-of- way line, along the street frontage right-of- way line. See Figure 38.24.030 inAppendix A to this chapter; 3. No more than two streets may intersect at one point; 4. Intersections of local streets with major arterials or highways shall be subject to section 38.24.090; 5. Intersections shall be designed to provide adequate visibility for traffic safety based on the designed operating speeds of the intersecting roadways; 6. Hilltop intersections are prohibited, unless no alternatives exist. Intersections on local streets within 100 feet of a hilltop are prohibited. Intersections on arterial and col- lector streets within 200 feet of a hilltop are prohibited. If no alternatives to a hilltop intersection exist, additional traffic control devices shall be required; 7. The grade of approaches to major highways shall not exceed five percent; and 8. Any street which intersects a paved minor collector or greater street shall be paved for at least 75 feet from the existing edge of pavement. (Ord. No. 1645, § 18.44.030, 8-15-2005; Ord. No. 1693, § 14(18.44.030), 2-20-2007) Sec. 38.24.040. Street names. A. The following requirements apply to street names: 1. New streets aligned with existing streets shall have the same name as the existing streets. 2. All street names must be approved by the county geographic information systems and city engineering department prior to final plat or plan approval in order to avoid duplication and confusion with names of existing streets and roads. (Ord. No. 1645, § 18.44.040, 8-15-2005; Ord. No. 1693, § 14(18.44.040), 2-20-2007) Sec. 38.24.050. Street and road right-of-way width and construction stan- dards. A. All streets and roads providing access to, and within, the proposed development shall meet the following standards: 1. Right-of-way width and construction stan- dards contained in this chapter, the most recently adopted long range transportation plan, the City of Bozeman Design Stan- dards and Specifications Policy, and the § 38.24.050UNIFIED DEVELOPMENT CODE CD38:177PROOFS City of Bozeman Modifications to Montana Public Works Standard Specifications shall apply. 2. Access streets and roads which are not on the city's or county's road maintenance system shall be dedicated to the public or shall have a public easement which meets the criteria of this article. (Ord. No. 1645, § 18.44.050, 8-15-2005; Ord. No. 1693, § 14(18.44.050), 2-20-2007; Ord. No. 1796, § 4, 1-3-2011) Sec. 38.24.060. Street improvement standards. A. All street improvements shall be designed by and constructed under the supervision of a profes- sional civil engineer, registered in the state, and shall meet or exceed the right-of-way and construc- tion standards adopted by the city (including but not limited to an adopted transportation plan or speci- fications manual) and required for the type of street to be constructed. B. Plans and specifications for all public or private streets (including but not limited to curb, gutter, storm drainage, street lighting and side- walks), shall be provided to and approved by the city engineer. The developer shall provide profes- sional engineering services for construction inspec- tion, post-construction certifications and prepara- tion of Mylar record drawings. The plans and specifications shall be approved and a preconstruc- tion conference shall be conducted before any construction is initiated on the street improvements. 1.Surfacing.A pavement design report, based upon specific site soil data and design-year traffic loading conditions, prepared by a professional engineer, or other qualified professional approved by the city engineer, shall be submitted to the city engineer for approval prior to plan and specification submittal if using the self-certification pro- cess or with the plans and specifications if using the standard process. Pavement de- sign shall be in accordance with the city design standards and specifications policy and the city modifications to state public works standard specifications. 2.Alleys.In subdivisions where alleys are proposed, a 20-foot-wide right-of-way shall be provided. The driving surface of the alley shall be 16 feet wide and shall be improved with gravel. a. Subdividers may elect to pave subdi- vision alleys provided that adequate stormwater facilities are available. b. Alleys shall be designed and con- structed in accordance with the city design standards and specifications policy and the city modifications to state public works standard specifica- tions, and subject to approval by the city engineer. c. Alleys used for backing under section 38.25.020.D shall be designed to pro- vide the required aisle width. 3.Traffic progression.Traffic progression will be of paramount importance. Consequently, all potential intersections with signals will be placed on quarter-mile points unless otherwise approved by the city engineer. 4.Level of service standards.All arterial and collector streets and intersections with ar- terial and collector streets shall operate at a minimum level of service "C" unless spe- cifically exempted by this subsection. Level of service (LOS) values shall be determined by using the methods defined by the most recent edition of the Highway Capacity Manual. A development shall be approved only if the LOS requirements are met in the design year, which shall be a minimum of 15 years following the development appli- cation review or construction of mitigation measures if mitigation measures are re- quired to maintain LOS. Intersections shall have a minimum acceptable LOS of "C" for the intersection as a whole. a. Exception: If an intersection within the area required to be studied by § 38.24.050 BOZEMAN MUNICIPAL CODE CD38:178PROOFS section 38.41.060.A.12 does not meet LOS "C" and the intersection has been fully constructed to its maximum lane and turning movement capacity, then an LOS of less than "C" is acceptable. b. Exception: The director of public ser- vices may accept an LOS of less than "C" at a specific intersection if: (1) Avariance to allow a lesser LOS was approved not more than two years prior to the date an appli- cation for development being re- viewed is determined to be ade- quate for review; (2) The request was made in writing with the application; and (3) The circumstances are in the professional judgment of the di- rector of public services substan- tially the same as when the vari- ance was granted. 5.Timing.The installation of street improve- ments shall comply with the timing require- ments of article 39 of this chapter. (Ord. No. 1645, § 18.44.060, 8-15-2005; Ord. No. 1693, § 14(18.44.060), 2-20-2007; Ord. No. 1755, § 1, 1-20-2009; Ord. No. 1796, § 5, 1-3-2011) Sec. 38.24.070. Street lighting. A.Standards.For street lighting standards, please refer to section 38.23.150. B.Timing.For the timing of street lighting improvements, please refer to section 38.39.030.B.3. (Ord. No. 1645, § 18.44.070, 8-15-2005; Ord. No. 1693, § 14(18.44.070), 2-20-2007) Sec. 38.24.080. Sidewalks. A.General.City standard sidewalks (including a concrete sidewalk section through all private drive approaches) shall be constructed in all develop- ments on all public and private street frontages, except for alleys. The requirements of the city design standards and specifications policy and the city modifications to state public works standard specifications shall apply. B.Sidewalks adjacent to public lands.The de- veloper shall install sidewalks adjacent to public lands, including, but not limited to, parks, open space, and the intersection of alleys and streets or street easements. C.Timing.The following requirements regard- ing the timing of the installation of sidewalks shall apply: 1. For subdivision improvements, please refer to section 38.39.030.B.2. 2. For site development improvements, side- walks shall be installed prior to issuance of an occupancy permit, or shall be subject to an approved improvements agreement and financially guaranteed, as specified in arti- cle 39 of this chapter. (Ord. No. 1645, § 18.44.080, 8-15-2005; Ord. No. 1693, § 14(18.44.080), 2-20-2007) Sec. 38.24.090. Access. A.General.All final site plans and plats shall contain a statement requiring lot accesses to be built to the standard contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications. 1. Lot access standards. The drive approach shall be constructed in accordance with the city's standard approach, which includes a concrete apron, sidewalk section and drop- curb. a. A city curb cut and sidewalk permit must be obtained from the engineer- ing department prior to installation of the approach. 2. Access shall comply with any city-adopted International Fire Code. § 38.24.090UNIFIED DEVELOPMENT CODE CD38:179PROOFS B.Drive access from improved public street, approved private street or alley required. 1. For purposes of this Code, "improved" public street, approved private street, or alley means and includes: a. Any street or alley within the city constructed to a standard which meets or exceeds standards established by this chapter, the city design standards and specifications policy, and the city modifications to state public works standard specifications; b. Constructed public streets which may not meet current city standards but which are constructed to a standard that has historically provided an ade- quate level of service to adjacent prop- erties, which level of service would not be degraded as a result of a pending development proposal. 2. Unless otherwise allowed by this chapter, all lots shall be provided with legal and physical access via one of the following options: a. 25 feet of frontage on a public or approved private street; b. 25 feet of frontage on a public or approved private street and an im- proved alley; or c. 25 feet of frontage on an improved alley and a greenway corridor or trail corridor with public access. This op- tion may require additional improve- ments to the alley to accommodate emergency access, snow removal and storage, and the provision of utilities. The alley may also require signage for the provision of emergency services. C.Drive access requirements. 1. Drive accesses are required for commercial parking lots and parking lots for residential developments subject to the site plan re- view procedures of article 19 of this chap- ter. Parking areas for residential develop- ments subject to the sketch plan review procedures of section 38.19.050, may take access directly from an improved public street, approved private street or improved alley as defined in subsection B.1 of this section with access provided according to the provisions of this section andsection 38.25.020.D. 2. Alldriveaccessesinstalled,altered,changed, replaced or extended shall comply with the following requirements: a. Residential. (1) Residential lots shall not have direct access to arterials or col- lectors, unless the standards con- tained in Table 38.24.090-3 are complied with; (2) Single-household drive access openings shall not exceed 24 feet in width measured at the right-of-way line and 34 feet in width measured at the curbline. All residential complexes for fewer than five households are considered single-household res- idences for the purpose of this section; (3) Adjoining accesses for town- houses shall not exceed a com- bined total of 40 feet in width measuredattheright-of-wayline. Townhouses with physical sepa- ration between drive accesses shall be reviewed as single- household drive access. For the purposes of this section, physi- cal separation means a land- scaped area greater than or equal to ten feet in width between paved areas and extending from the front line of the building to the right-of-way line; and § 38.24.090 BOZEMAN MUNICIPAL CODE CD38:180PROOFS (4) Residential complexes with five or more dwelling units shall be considered commercial (nonres- idential) establishments for the purpose of section 38.24.090.C, except that separated parking fa- cilities for individual townhouse unitsshallbeconsideredthesame as single-household parking fa- cilities. b. Nonresidential. (1) Commercial drive access widths shall be a maximum of 35 feet measured at the inside edge of the drive access extended, at its intersection with the projected curbline of the intersecting street. Two-way drive access shall be a minimum of 24 feet and one- way drive access shall be a min- imum of 16 feet. (2) Industrial drive access widths shall be a maximum of 40 feet measured at the inside edge of the drive access extended, at its intersection with the projected curbline of the intersecting street. Two-way drive accesses shall be a minimum of 24 feet and one- way drive accesses shall be a minimum of 16 feet. c. Drive accesses for all multiple tenant commercial buildings or complexes/ centers, or industrial drive accesses shall be set back a minimum of 20 feet from the adjacent property line unless such drive access is approved as a shared drive access. d. Drive accesses to drive-in theaters, stadiums, racetracks, funeral homes or uses generating very heavy periodic traffic conflicts shall be located not closer than 200 feet to any pedestrian or vehicular entrance or exit to a school,college,university,church,hos- pital, public emergency shelter or other place of public assembly. e. All commercial and industrial drive accesses on arterial streets shall have 15-foot return radii unless otherwise approved by the director of public service. All commercial and industrial drive accesses on other streets may have either return radii or depressed curbs. The minimum radius allowed is four feet. D.Spacing standards for drive accesses. 1.General. a. Consolidation of access points onto public streets, to achieve a distance between access points in excess of the minimum standards in this section, is desired and shall be considered during all levels of site plan review. b. For the purposes of this section public or private access means any street, alley, driveway or other point of ve- hicular access to a publicly controlled street. c. The distance between public and/or private accesses on a public street shall be measured between the right- of-way line for public accesses and the nearest inside edges of private accesses according to the following distances specified in subsections D.2 and 3 of this section. d. Subsection D of this section does not apply to single-household, duplex or triplex structures on individual lots. 2.Standards for development approved before July 10, 2002.The provisions of this sec- tion apply to development proposals receiv- ing preliminary approval by the final deci- sion making body prior to July 10, 2002. a. Distance from intersection. Public or private access distance from street intersections shall be subject to the following minimum dimensions: § 38.24.090UNIFIED DEVELOPMENT CODE CD38:181PROOFS ______________________________________________________________________________________ Table 38.24.090-1 Access Located on Arterial Streets Access Located on Collector Streets Access Located on Local Streets Distances from Intersection Distances from Intersection Distances from Intersection Nearest Intersecting Street Residential District Commercial/ Industrial District Residential District Commercial/ Industrial District Residential District Commercial/ Industrial District Arterial 150' 200' 100' 150' 40' 100' Collector 150' 150' 40' 150' 40'80' Local 100' 150' 40' 100' 40'80' Note: All distances shall be measured from the inside edge of the access, extended at its intersection with the projected curbline of the intersecting street, to the right-of-way line, along the street frontage right-of-way line. See Figure 38.24.030 in Appendix A to this chapter. ______________________________________________________________________________________ b. Distance between public and/or pri- vate accesses standards. The distance between public and/or private ac- cesses shall be subject to the follow- ing minimum dimensions: ______________________________________________________________________________________ Table 38.24.090-2 Access Located on Arterial Streets Access Located on Collector Streets Access Located on Local Streets Minimum Spacing Residential District Commercial/ Industrial District Residential District Commercial/ Industrial District Residential District Commercial/ Industrial District Partial access1 80' 150' 60' 80'40'60' Full access2 100' 150' 100' 150' 40' 80' Minimum separation 60' 100' 60' 80'40'60 1Partial access includes right turn in and out only. 2 Full access allows all turn movements, in and out. ______________________________________________________________________________________ 3.Standards for development approved after July 10, 2002.This section shall apply to all development receiving preliminary ap- proval after July 10, 2002. These standards apply to the minimum distance between public and/or private accesses and intersec- § 38.24.090 BOZEMAN MUNICIPAL CODE CD38:182PROOFS tions, and the minimum distance between public and/or private accesses and other public and/or private accesses. ______________________________________________________________________________________ Table 38.24.090-3 Access Located on Arterial Streets Access Located on Collector Streets Access Located on Local Streets Average Spacing In All Districts In All Districts In All Districts Partial access1 315' 150' 40'3 Full access2 660' 330' 40'3 Minimum separation 315' 150' 40' 1Partial access includes right turn in and out only. 2 Full access allows all turn movements, in and out. 3Accesses on local streets shall be at least 150 feet from an intersection with an arterial. ______________________________________________________________________________________ E.Number and location of drive accesses. 1. Single-household uses shall be limited to one drive access per street face, except on properties abutting arterial streets in which case shared accesses, or driveways facili- tating the turning of automobiles on-site, shall be required. 2. Notwithstanding any other provisions of this chapter, drive accesses may not be located closer than five feet to any side property line, unless shared access, as de- fined in section 38.42.282, with the adjoin- ing property is approved. This standard does not apply to the shared side property line of townhouses units with adjacent ga- rages using attached driveways. F.Shared drive access.The city desires and encourages sharing access drives, as defined in article 42 of this chapter, between separate parcels. G.Access approval required.All drive accesses shall be approved by the city engineer for width and location. H.Modifications of property access standards. 1. Some of the standards listed in subsections C through E of this section, may be relaxed by the city engineer if it is shown during the development review process that more ef- ficient design can be accomplished without jeopardizing the public's health, safety and welfare, the intent of this chapter, or the intent of the city's growth policy. 2. Modifications from access standards shall be approved at the discretion of the city engineer. 3. Commercial developments (including resi- dential complexes for five or more house- holds) which may not be able to meet the requirements of subsections C through E of this section, and are requesting modifica- tions from the standards, shall submit to the city engineer a report certified by a profes- sional engineer addressing the following site conditions, both present and future: a. Traffic volumes; b. Turning movements; c. Traffic controls; d. Site design; e. Sight distances; and § 38.24.090UNIFIED DEVELOPMENT CODE CD38:183PROOFS f. Location and alignment of other ac- cess points. 4. Based upon the above data, the city engi- neer shall determine whether a modifica- tion from the required standards is justified and, if so, what alternative requirements will be necessary. (Ord. No. 1645, § 18.44.090, 8-15-2005; Ord. No. 1693, § 14(18.44.090), 2-20-2007) Sec. 38.24.100. Street vision triangle. A. Arterial streets. On corner lots on arterial streets in all districts, no fence, wall or planting in excess of 30 inches above the street centerline grade shall be permitted within a triangular area defined as follows: beginning at the intersection of the projected curblines of the two intersection streets, thence 50 feet along one curbline, thence diagonally to the point 50 feet from the point of beginning on the other curblines, then to the point of beginning. B. Collector and local streets. On corner lots, on collector and local streets, in all districts, no fence, wall or planting in excess of 30 inches above the street centerline grades shall be permitted within a triangular area defined as follows: beginning at the intersection of the projected curblines of two inter- secting streets, thence 40 feet along one curbline, thence diagonally to a point 40 feet from the point of beginning on the other curbline, then to the point of beginning. C. Driveways and alleys. At the intersection of each driveway or alley with a street, no fence, wall or planting in excess of 30 inches above the street centerline grade shall be permitted within a trian- gular area where corners are defined by two points on the right-of-way line, 15 feet on each side of the centerline of the driveway or alley and a point on centerline ten feet outside the right-of-way. Any driveway or alley wider than 30 feet curb to curb at the right-of-way line shall use the vision triangle standard for local streets when intersecting local, collector, or arterial streets. D. Provision for trees in street vision triangle. 1. Single-stem canopy trees are discouraged but may be permitted in street vision trian- gles as described in this section, provided that mature trees do not significantly affect safe driving conditions and are maintained such that no canopy foliage exists below a height of ten feet above centerline of inter- secting streets. 2. Trees which are located in the street vision triangle and which preexisted the adoption of the ordinance from which this chapter is derived may be allowed to remain, pro- vided the trees are trimmed such that no limbs or foliage exist below a height of ten feet above centerline grades of intersecting streets. E. For an illustration of the requirements of this section see Figure 38.24.100 in Appendix A to this chapter. (Ord. No. 1645, § 18.44.100, 8-15-2005; Ord. No. 1693, § 14(18.44.100), 2-20-2007) Sec. 38.24.110. Transportation pathways. A.General.Developers shall install pathways in accordance with this chapter, the growth policy, the most recently adopted long-range transportation plan, any adopted citywide park plan, and any adopted individual park master plan, and shall comply with City of Bozeman Design Specifica- tions. See also sections 38.23.100, 38.27.070 and 38.27.110. B.Pathway categories.The development review committee (DRC) shall be responsible for determin- ing whether a pathway is a transportation pathway or a recreation pathway. For subdivision and planned unit development proposals, this determination shall be made during the preapplication process. 1.Transportation pathways.Developers shall install transportation pathways, to provide adequate multimodal transportation facili- ties within the development, as part of the required development improvements.Trans- § 38.24.090 BOZEMAN MUNICIPAL CODE CD38:184PROOFS portation pathways shall be ADA accessi- ble, and include the following types of facilities: a. Sidewalks; b. On-street bike lanes and bike routes; c. Boulevard trails; and d. Class I trails; (1) With the exception of trail cor- ridors within required water- course setbacks, corridors for Class I trails shall be dedicated to the city. The dedicated trail corridor shall be at least 25 feet in width to ensure adequate room for the construction, mainte- nance and use of the trail. Trans- portation trail corridors cannot be used to satisfy park land ded- ication requirements; e. Pathways that connect community or neighborhood commercial nodes by a reasonably direct route; or f. Pathways that connect major residen- tial, employment, educational, or other service nodes by a reasonably direct route. 2.Recreation pathways.For the definition of recreation pathways, please see section 38.27.110.B. C.Related facilities.If pathways are proposed or required, stream crossings and other similar improvements, where necessary, shall be installed. Bridge design and construction shall comply with city specifications and standards, and shall be submitted to the planning department for review and approval. Any necessary permits for bridges shall be obtained by the developer from the appro- priate agency prior to installation of the stream crossings. D.Trail requirements.The class of the trail shall be determined by the recreation and parks advisory board, and the trail shall be designed and con- structed according to any adopted park or recreation plan or other city specifications and standards. Trails and bridges must meet Americans with Dis- abilities Act (ADA) specifications for recreational facilities and maintain a natural appearance. Trail plans and specifications shall be submitted to the planning department for review and approval prior to installation. E.Bikeways and boulevard trails.Wherever new streets are to be developed as a result of a develop- ment proposal, or wherever existing streets or roads are required to be improved, the developer may be required to incorporate striped bicycle lanes along the shoulder, meeting current AASHTO standards, into the design and construction or improvement of the streets or roads. The decision to install a boulevard trail instead of a bike lane shall be based on the most recently adopted long-range transpor- tation plan. The city commission may consider exceptions based on the particular characteristics of a transportation corridor and recommendations from the DRC and the Bozeman Area Bicycle Advisory Board. Boulevard trails and bike lanes shall be designed and constructed in accordance with the most recently adopted long-range transportation plan, and any other applicable city specifications and standards. F.Pathway maintenance.Trails within and ad- jacent to the proposed development, as well as off-street pathways (i.e., sidewalks and boulevard trails) along external development streets, shall be maintained (including snow removal) in accordance with an approved maintenance plan by the devel- oper until 50 percent of the lots within the devel- opment are sold. Thereafter the property owners' association shall be responsible for maintenance. The property owners' association may establish an improvement district to collect assessments to pay for the maintenance. G.Pathway easements.Where pathways cross private land or common open space, the proper public access easements shall be provided. Public access easements for pathways shall be at least 25 feet wide. § 38.24.110UNIFIED DEVELOPMENT CODE CD38:185PROOFS H.Trails in required watercourse setbacks.Trail corridors within required watercourse setbacks shall not be dedicated to the city, and such land may not be used to satisfy park land dedication require- ments. When publicly accessible trails are estab- lished within required watercourse setbacks, public access easements at least 25 feet in width shall be provided to ensure adequate room for the construc- tion, maintenance and use of the trail. I.Corridors.Corridors for transportation path- ways shall not be used to satisfy park land dedica- tion requirements. (Ord. No. 1645, § 18.44.110, 8-15-2005; Ord. No. 1693, § 14(18.44.110), 2-20-2007; Ord. No. 1796, § 6, 1-3-2011) Sec. 38.24.120. Public transportation. A.Street design.All interior and exterior devel- opment streets that are designated as transit routes shall be designed to accommodate transit vehicles and facilities. Transit considerations for street de- sign include but are not limited to: 1. Pavement design; 2. Lane width; 3. Corner radii; 4. Street grade; 5. Curb height; and 6. Right-of-way width. B.Other transit considerations.Developments with designated transit routes shall be designed with consideration to the following requirements: 1.Spacing of transit stops.All lots within the development shall be not further than one- half mile from a designated transit route; 2.Length of transit stops.Developments shall be designed to accommodate a bus length of at least 90 feet on designated transit routes; 3.Distance from intersection.Transit stops shall be at least five feet from pedestrian crosswalks or the end of corner radii; 4.Driveway conflicts.Lots and lot accesses shall be configured to avoid conflicts with transit stops; and 5.Lighting.Subdivision street lighting shall be configured to provide adequate lighting at transit stops. C.Transit facilities.If any streets on the interior or exterior of the development are designated as transit routes, the city commission may require the developer to provide transit facilities such as transit stop signage, benches, bike racks, lighting and bus shelters. (Ord. No. 1645, § 18.44.120, 8-15-2005; Ord. No. 1693, § 14(18.44.120), 2-20-2007) ARTICLE 25. PARKING Sec. 38.25.010. General provisions. A. Parking is one part of the overall multimodal transportation system. Individual choice of travel mode and development characteristics influences the need for parking. The purpose of this article in requiring parking spaces is ensure provision of off-street motor vehicle parking, bicycle parking, and other transportation access facilities in rough proportion to the generalized parking and transpor- tation demands of different land uses which locate at a site. Some sites such as those that are located in close proximity to transit, have good access to pedestrian facilities or have off-set peak uses may require less on-site parking. The purpose of these standards is to provide functional parking areas adequate to the needs of users, create shaded areas within parking lots, reduce glare and heat build-up, reduce stormwater surges, provide visual relief within paved parking areas, emphasize circulation patterns, avoid the negative impacts associated with spillover parking into adjacent neighborhoods, while at the same time avoiding the negative environmen- tal and urban design impacts that can result from excessive parking lots and other vehicular use areas, and enhance the visual environment. The provisions of this article are also intended to help protect the public health, safety, and general welfare by: help- § 38.24.110 BOZEMAN MUNICIPAL CODE CD38:186PROOFS ing avoid and mitigate traffic congestion; encour- aging multimodal transportation options and en- hanced pedestrian safety; providing methods to reduce the amount of impervious surfaces in park- ing areas and adequate drainage structures in order to reduce the environmental impacts of stormwater runoff; encouraging paving or alternate means of surfacing of parking areas in order to address dust abatement and improve air quality; and providing flexible methods of responding to the transportation and access demands of various land uses in differ- ent areas of the city. In achieving these purposes this article interacts with the requirements of article 26 of this chapter. The design of off-street parking shall primarily be the responsibility of the devel- oper and shall consider traffic circulation, intended landscaping, pedestrian access and circulation, and other purposes of this chapter. 1.Floor area. a. The term "floor area," for the purpose of calculating the number of off-street parking spaces required, shall mean 85 percent of the gross floor area, as defined in article 42 of this chapter. However, at the election of the prop- erty owner, floor area shall mean the gross floor area, as defined in article 42 of this chapter, minus the follow- ing: (1) Window display areas; (2) Storage areas; (3) Areas used for incidental repair of equipment used or sold on the premises; (4) Areas occupied by toilets and restrooms, kitchens or break rooms; (5) Areas occupied by public utility facilities; (6) Areas occupied by dressing rooms, fitting or alteration rooms incidental to the sale of clothing; (7) Areas occupied by stairways and elevators; (8) Corridors connecting rooms or suites of rooms; and (9) Enclosed areas used for parking vehicles. Such election shall be made in writing to the planning director, shall be signed and acknowledged by the owner, and shall be filed with the planning direc- tor prior to the issuance of a building permit for such building. The owner shall also be responsible for certifying other information upon which parking requirements may be based, such as seats, and the number of employees on maximum working shift. b. Whereapplicable,thenumberofspaces required in section 38.25.040 will be the total of the spaces required for the component activities of certain uses, each calculated separately. 2.Change of use or occupancy of buildings. With any change of use or occupancy of any building or buildings an occupancy permit is required. When the change in use or occupancy requires more than a ten percent cumulative increase in parking over that required with the initial building con- struction, an occupancy permit shall not be issued until such additional parking spaces, in the amount required by this chapter, are provided for. 3.Improvement schedule.All parking area improvements to include surfacing, drain- age,walkways,lighting,landscaping,screen- ing, traffic control, etc., shall be installed according to the provisions of article 39 of this chapter. 4.Stacking of off-street parking spaces.Re- quired parking spaces shall be located so as to preclude stacking of off-street parking spaces, with the exception of single- house- hold dwellings and individual townhouse and condominium units, and duplexes with physically separated individual driveways. § 38.25.010UNIFIED DEVELOPMENT CODE CD38:187PROOFS Physical separation is provided when at least one of these options are provided: individual garage doors for each interior parking space, a vegetated planter not less than four feet in width between the parking spaces in the driveway area, or a wall not less than four feet in height and length is provided between the parking area in the driveway and dividing the garage entrance. Generally, not more than two cars may be stacked. When stacking is allowed, not more than two vehicles may be stacked within an enclosed parking area. 5.No parking permitted in required front or side yards.Required parking spaces shall not be located in any required front or side yard, except that detached single-household dwellings and townhouses, and duplexes with physically separated individual drive- ways, may have one space located within a driveway area in the required front yard for each parking space located directly in front of the driveway area and outside of the required front yard. 6.Parking is permitted within required rear yards. (Ord. No. 1645, § 18.46.010, 8-15-2005; Ord. No. 1693, § 15(18.46.010), 2-20-2007; Ord. No. 1761, exh. I(18.46.010), 7-6-2009; Ord. No. 1769, exh. H(18.46.010), 12-28-2009) Sec. 38.25.020. Stall, aisle and driveway design. A.Parking dimensions.The following shall be the minimum parking space dimensions: See also Figure 38.25.020 in Appendix A to this chapter. ______________________________________________________________________________________ Table 38.25.020 Width1 Length Angle Standard Disabled6 Compact5 Standard Disabled Compact5 Aisle Width 90 9' 13' 8' 18/202 18/202 16' 263 60 9' 13' 8' 18/202 18/202 16' 18/234 45 9' 13' 8' 18/202 18/202 16' 15/234 Notes: 1As measured by a line perpendicular to the stall line at a point on the outside end of the stall, except when the stall is on the inside edge of a curve, in which case the point of measurement shall be on the inside end of the stall. 218 feet if measured from a curb on the inside edge of the stall; 20 feet if measured from a painted line on the inside edge of the stall. Stall length variations are subject to approval by the city engineer. 3For 90-degree parking, aisles are two-way; 4First number refers to one-way traffic and the second number to two-way traffic. If the aisle is needed as a fire lane, a 20-foot minimum is required. 5Unless otherwise approved, all parking spaces shall be of standard width and length. In any parking facility containing 20 or more parking spaces, a maximum of 25 percent of the provided parking spaces may be reduced in size for small cars, provided these spaces shall be clearly identified with a sign permanently affixed immediately in front of each space containing the notation, "Compacts Only." Where feasible, all small car spaces shall be located in one or more contiguous areas and/or adjacent to ingress and egress points within parking facilities. Location of compact car parking spaces shall not create traffic congestion or impede traffic flows. § 38.25.010 BOZEMAN MUNICIPAL CODE CD38:188PROOFS 6The first disabled accessible parking stall shall meet the standards of section 38.25.040.A.4.a. 7If parking stalls within the interior of an individual residential garage are counted toward a development's required parking needs, then they shall meet the standard parking stall width of nine feet and the standard parking stall length of 20 feet with a minimum of one foot clear on all exterior sides of the stall. ______________________________________________________________________________________ B.Within structures.The off-street parking re- quirements may be furnished by providing spaces so designated within the principal building or ac- cessory parking structure. However, no building permit shall be used to convert the parking struc- tures into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provi- sions of this chapter. C.Circulation between bays.Except in the case of one- to three-household dwellings and individual townhouse units, parking areas shall be designed so that circulation between parking bays occurs within the designated parking lot and does not depend upon a public street or alley. Turning radii between bays and additional backup length for dead end aisles shall conform to requirements of the Interna- tional Fire Code. D.Backing requirements.All required parking must have adequate back-up maneuverability as specified in Table 38.25.020. The aisle width cal- culation may incorporate the width of the public right-of-way. Except in the case of one- to four- household dwellings and individual townhouse- style units with individual garages, parking area design which requires backing into the public street is prohibited. With the exception of residential development, parking area design which requires backing into the public alley is prohibited. E.Parallelparkingspaces.Parallelparkingspaces shall be a minimum of 24 feet in length and seven feet in width measured from the inside edge of a curb or the inside edge of the asphalt if curbing is not present. F.Surfacing.Except for one-household develop- ment on individual lots, all areas intended to be utilized for permanent parking space and driveways shall control dust and drainage. All proposed park- ing areas and driveway improvements shall require a grading and drainage plan approved by the city engineer. Areas shall be paved with concrete or asphaltic concrete or approved pavers; or an alter- native surfacing method such as pervious pavement may be used subject to review and approval by the city engineer. Surfacing methods which minimize stormwater runoff and provide for functional park- ing and circulation are encouraged. 1. However, paving shall not be required for permitted and conditional uses in the R-S zoning districts when all of the following circumstances exist: a. The use is required to provide fewer than 15 parking spaces and no loading spaces under the provisions of this section; b. The lot or tract on which the use is located is not adjacent to a paved street or road; and c. The applicant shall enter into an im- provements agreement with the city agreeing that the lot shall be paved within nine months of the time an adjacent roadway is paved. G.Striping.All parking stalls shall be marked with white or yellow painted lines not less than four inches wide, except for one- to three-household dwellings and individual townhouse units. An ex- ception to this requirement may be approved by the city when the striping would otherwise be applied to an area that does not have a permanent and durable wearing surface. H.Lighting.Any lighting used to illuminate an off-street parking area shall comply with the light- ing standards of section 38.23.150. § 38.25.020UNIFIED DEVELOPMENT CODE CD38:189PROOFS I.Signs.No sign shall be so located which restricts the sight lines and orderly operation and traffic movement within any parking area. All signs shall conform to the requirements of article 28 of this chapter. J.Parking lot curbing. 1. All open off-street parking areas and drive- ways shall have perimeter concrete curb around the entire parking lot, including driving access ways, except for individual townhouse units and one- to three-house- hold dwellings. Continuous concrete curb- ing shall be built according to standards provided by the city engineer. Unless oth- erwise approved, the perimeter curb shall be six inch by six inch concrete. 2. Concrete pindown wheel stops may be permitted as an alternative to continuous concrete curbing in front of parking spaces which front on the perimeter of the parking lot. However, continuous concrete curbing as described above shall be provided in all situations where deemed necessary by the city engineer to control drainage and soil erosion. 3. Alternative perimeter treatment may be per- mitted subject to the approval of the city engineer. 4. Requirements for perimeter curbing shall not preclude opportunities for shared access between adjacent parking lots. K.Protruding vehicles.All on-site parking stalls which abut property lines shall be designed and constructed such that parked vehicles shall not protrude over property lines. L.Pedestrian facilities in parking lots.Concrete sidewalks a minimum of three feet in width shall be provided between any existing or proposed building and adjacent parking lot. Where sidewalk curbs serve as wheel stops, an additional two feet of sidewalk width is required. M.Snow removal storage areas.Snow removal storage areas shall be provided sufficient to store snow accumulation on site. Such areas shall not cause unsafe ingress/egress to the parking areas, shall not cause snow to be deposited on public rights-of-way, shall not include areas provided for required parking access and spaces, and shall not be placed in such a manner as to damage landscaping. All snow removal storage areas shall be located and designed such that the resultant stormwater runoff is directed into landscaped retention/detention and water quality improvement facilities as required by the engineering department, or in compliance with any adopted storm drainage ordinance or best prac- tices manual. N.Parking and stacking for drive-in/drive- through facilities.Required parking and stacking spaces for waiting automobiles shall provide a minimum of two stalls and six spaces for stacking per lane unless a traffic summary shows that fewer spaces may be required. These spaces shall not in any manner inhibit on-site or off-site vehicular circulation. O.Ownership/leasehold.Required parking lots shall be owned or leased by the owner or lessee of the building or use being served by such parking. Such parking lots shall be maintained as a parking lot so long as the building and/or use served is in operation or until another approved parking area is established for such building or use. P.Stormwater drainage.Stormwater drainage from parking lots shall be directed into landscaped detention/retention facilities and water quality im- provement facilities as required by the engineering department, or in compliance with any adopted storm drainage ordinance and/or best practices man- ual adopted by the city. Q.Mechanical automobile lifts.Mechanical au- tomobile lifts may be used to meet required parking when the mechanical automobile lift design allows for access to a specific car on demand. Parking § 38.25.020 BOZEMAN MUNICIPAL CODE CD38:190PROOFS spaces within the lift may be counted towards the required parking requirement. The mechanical au- tomobile lift shall be fully enclosed in a structure. (Ord. No. 1645, § 18.46.020, 8-15-2005; Ord. No. 1693, § 15(18.46.020), 2-20-2007; Ord. No. 1761, exh. I(18.46.020), 7-6-2009; Ord. No. 1769, exh. H(18.46.020), 12-28-2009) Sec. 38.25.030. Maintenance of parking areas. A. It shall be the joint and separate responsibil- ity of the lessee and owner of the principal use, uses or building to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping and required fences or screening. 1. Use of required parking areas for parking only. Required off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles, except when permitted as a temporary use. 2. Parking spaces identified and maintained. All residential occupancies shall provide required off-street parking spaces. When enclosing a carport or garage for storage or living purposes, an affidavit shall be sub- mitted to the planning director identifying the required parking spaces necessary to comply with section 38.25.040. (Ord. No. 1645, § 18.46.030, 8-15-2005; Ord. No. 1693, § 15(18.46.030), 2-20-2007; Ord. No. 1761, exh. I(18.46.030), 7-6-2009; Ord. No. 1769, exh. H(18.46.030), 12-28-2009) Sec. 38.25.040. Number of parking spaces re- quired. A. The following minimum number of off- street, paved parking spaces for motor vehicles and bicycles shall be provided and maintained by own- ership, easement and/or lease for and during the life of the respective uses hereinafter set forth. When calculation of the required parking results in a fraction of a parking space being required the fractional space is not required to be provided. 1.Residential uses. a.Minimum requirements.The number of spaces shown in Table 38.25.040-1 shall be provided subject to the adjust- ments allowed in this subsection 1. The number of disabled parking stalls as required by Table 38.25.040-6 shall be provided from the minimum num- ber of required parking stalls. All site plans submitted for permit purposes shall identify parking space alloca- tions. Fees may be charged by the landowner for the use of required parking spaces. (1) One parking space for each 24 uninterrupted linear feet of avail- able street frontage usable for on-street parking directly adja- cent to a lot may be deducted from the total parking spaces required for a development. The number of on-street spaces cal- culated shall not exceed the num- ber of dwellings on the lot. The width of drive accesses, desig- nated nonparking areas, vision triangles, and similar circum- stances shall not be considered to be available for the purpose of on-street parking space. ______________________________________________________________________________________ Table 38.25.040-1 Dwelling Types Parking Spaces Required per Dwelling Accessory dwelling unit 1 Lodginghouse 0.75 spaces per person of approved capacity Efficiency unit 1.25 § 38.25.040UNIFIED DEVELOPMENT CODE CD38:191PROOFS Dwelling Types Parking Spaces Required per Dwelling One-bedroom 1.5 Two-bedroom 2 Three-bedroom 3 Dwellings with more than three bedrooms 4 Group homes and community residential facilities 0.75 spaces per person of approved capacity1 Bed and breakfast 1 space/rental unit Manufactured home 2 All types of dwellings within the B-3 district 1 1A 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 in use may occur. ______________________________________________________________________________________ b.Adjustments to minimum requirements. (1) Affordable housing. When cal- culating the amount of required parking for affordable housing, as defined in article 42 of this chapter, if the project is guaran- teed for use as affordable hous- ing for a minimum period of 20 years and the use as affordable housing is subject to long term monitoring to ensure compli- ance and continued use as afford- able housing, Required parking spaces shall be calculated based on number of bedrooms outlined in Table 38.25.040-1, but shall not exceed two spaces per unit. (2) Residential uses in mixed-use projects. In order to utilize this section, the long term availabil- ity of the nonresidential parking spaces upon which the use of this section was based shall be ensured to the residents of the project. For the purpose of this section a building is considered mixed-use if the nonresidential portion of the building is at least one-quarter of the gross square feet not used for parking. Resi- dences in mixed-use buildings may count on-street parking per subsection 1.a.(1) of this section even if the area is subject to occupancy time limits. The use of this section does not preclude the use of other sections of this chapter which may have the ef- fect of reducing the required amount of parking. When calcu- lating the amount of required parkingforresidentialuseswithin a mixed-use project the amount of parking may be reduced sub- ject to Table 38.25.040-2. Table 38.25.040-2 Reduction Allowed Ratio of Required Nonresidential to Required Resi- dential Parking Spaces 50% Greater than 1:1 but less than 3:1 100% Equal to or greater than 3:1 (3) A car-sharing agreement meet- ing the criteria established by the planning director may be used to meet the required num- § 38.25.040 BOZEMAN MUNICIPAL CODE CD38:192PROOFS ber of parking spaces. To use this option the development must have more than five dwelling units. Each vehicle provided through a car sharing agreement counts as required parking at a ratio of one dedicated car-share space to five standard spaces, up to a maximum of 50 percent of thetotalrequiredresidentialpark- ing. (4) Transit availability. A residential development subject to site plan review may take a ten percent reduction in required parking spaces where the development is within 800 feet of a developed and serviced transit stop. For the purpose of this subsection a tran- sit stop is eligible when it has a shelter installed which meets the standards of and is approved by the transit provider, and service is provided on not less than an hourly schedule a minimum of five days per week. 2.Nonresidential uses. a.Minimum requirements.The number of spaces shown in Table 38.25.040-3 shall be provided subject to the adjust- ments allowed by this article. Spaces are not required to be provided free to the user. The required number of dis- abled parking stalls required by the Americans with Disabilities Act Ac- cessibility Guidelines (ADAAG) shall be provided from the minimum num- ber of required parking stalls. Table 38.25.040-6 presents the most com- mon requirement for accessible spaces. Accessible spaces count towards sat- isfying minimum parking require- ments. All site plans submitted for permit purposes shall identify parking space allocations. When a use is not included in Table 38.25.040-2, the planning director shall determine the appropriate classification for the pur- pose of required parking. b.Maximum parking.Provision of park- ing spaces in excess of 125 percent of the minimum number of spaces re- quired for the net floor area in this subsection 2 is not permitted. ______________________________________________________________________________________ Table 38.25.040-3 Use Type Off-Street or Off-Road Parking Spaces Required Automobile sales 1 space per 200 square feet of indoor floor area; plus 1 space per 20 outdoor vehicle display spaces Automobile service and/or repair station 2 spaces per service stall, but no less than 4 spaces Automobile washing establishment Automatic drive-through 3 spaces or 1 for each employee on maximum shift; plus stacking space Self-service 2 spaces per stall not including washing or drying spaces Bank, financial institutions 1 space per 300 square feet of floor area Bowling alley 2 spaces per alley; plus 2 spaces per billiard table; plus Church 1 space per six persons of maximum occupancy load (as identified in the International Building Code) for main assembly hall, public assembly areas and classrooms Community or recreation center 1 space per 200 square feet of floor area § 38.25.040UNIFIED DEVELOPMENT CODE CD38:193PROOFS Use Type Off-Street or Off-Road Parking Spaces Required Health and exercise establishment 1 space per 200 square feet of floor area; plus 3 spaces per court Day care centers 1 space per staff member plus 1 space per 15 children permitted Elderly (senior citizens) housing 1 space per unit Furniture stores over 20,000 square feet 3 spaces per 1,000 square feet of floor area Golf courses 1 space per 200 square feet of main building floor area; plus 1 space for every 2 practice tees in driving range; plus 4 spaces per each green in the playing area Hospitals 1 space per bed. Medical and dental offices 4 spaces for each full-time equivalent doctor or dentist; plus 1 space for each full-time equivalent employee Manufacturing and industrial uses 1 space per 1,000 square feet of floor area, plus 1 space per 2 employees on maximum working shift Motels, Hotels 1.1 spaces per each guest room; plus 1 space per employee on maximum shift; plus spaces for accessory uses as follows: Restaurants, bars, dining rooms 1 space per 60 square feet of floor area Commercial area 1 space per each 400 square feet of floor area Public assembly areas 1 space for each 5 seats based upon design capacity, except that total off-street or off-road parking for public assembly may be reduced by 1 space for every 4 guest rooms Nursing homes, rest homes or similar uses 4 spaces; plus 1 space for each 3 beds; plus 1 space for each employee on maximum shift Offices (except medical and dental) 1 space per 250 square feet of floor area Outdoor sales (plant nurseries, building ma- terials, equipment rental and similar) 1 space per 500 square feet of sales and/or display area. The size of the sales and/or display area shall be determined on a case-by-case basis. Restaurants, cafes, bars and similar uses 1 space per 50 square feet of indoor public serving area; plus 1 space per 100 square feet of outdoor (patio) area Retail store and service establishments 1 space per 300 square feet of floor area Sales sites; model homes 1 space per 250 square feet of model floor areas; plus 1 space per employee Schools Elementary and/or junior high 1.5 spaces for each classroom, library, lecture hall and cafeteria; plus 1 space for each 3 fixed seats in the area of public assembly, or 1 space for each 25 square feet of area available for public assembly if fixed seats are not provided Senior high 1.5 spaces for each classroom or lecture hall; plus 1 space per each 5 students; plus 1 space for each nonteaching employee; plus 1 space per each 3 fixed seats in the area of public assembly, or 1 space per 25 square feet of area available for public assembly if fixed seats are not provided Business or similar school 1 space for each 1.5 students Theater, auditorium or similar 1 space per 4 seats based upon place of assembly design capacity § 38.25.040 BOZEMAN MUNICIPAL CODE CD38:194PROOFS Use Type Off-Street or Off-Road Parking Spaces Required Warehousing, storage or handling of bulk goods 1 space per 1,000 square feet of floor area devoted to storage of goods; plus appropriate spaces to support accessory office or retail sales facilities at 1 space per 350 square feet of floor area c.Adjustments to minimum requirements. Toimplementthecity'sadoptedgrowth policy, adjustment of parking require- ments within certain areas of the city is desired. Use of this section shall not be considered as joint use of parking or off-site parking regulated by sec- tions 38.25.050 and 38.25.060 nor shall the use of this section preclude the use of other sections of this chap- ter which may have the effect of reducing the required amount of on- site parking. More than one adjust- ment may apply. Multiple adjustments are added together to modify the min- imum required parking from Table 38.25.040-3 in a single operation. Mul- tiple adjustments are not applied se- quentially. (1) Neighborhood commercial. Within the B-1 and R-O zoning districts implementing a small scale Community Commercial Mixed Use growth policy desig- nation or the B-3 zoning district, the parking requirements for non- residential uses may be reduced. Table 38.25.040-4 Use Allowable Reduction Retail 40 percent Restaurant 50 percent Office 20 percent All others 30 percent (2) Community commercial. Within zoning districts lying within a commercial node, as defined in article 42 of this chapter, the parking requirements for nonres- idential uses may be reduced. Table 38.25.040-5 Use Allowable Reduction Retail 20 percent Restaurant 30 percent Office 10 percent All others 10 percent (3) Transit availability. Required parking may be reduced by ten percent in circumstances where the development is within 800 feet of a developed and serviced transit stop. For the purpose of this subsection a transit stop is eligiblewhenithaspubliclyavail- able cover from weather ap- proved by the transit provider to be equivalent to a transit shelter, and service is provided on not less than an hourly schedule a minimum of five days per week. (4) Structured parking. An addi- tional 15 percent reduction may be taken when the site is within 800 feet of a parking structure of at least 200 spaces, which is available to the general public, and for which a fee for parking is charged. (5) The first 3,000 gross square feet ofanonresidentialbuildingwithin the B-3 district is not required to provide parking. § 38.25.040UNIFIED DEVELOPMENT CODE CD38:195PROOFS 3.Exceptions to these parking requirements. Because some situations (i.e., existing lots which have no landscaping, irregular lots, lotswithtopographicdifficulties,etc.)would benefit from an alternative to the required maximum parking areas; because the com- munity's appearance could benefit from additional landscaping, streetscaping and sculptural elements; and because parking exceptions and/or landscaping would en- courage development within existing city boundaries; the following alternatives may be permitted. These alternatives may be proposed by the developer for review by the ADR staff. Such proposals may be approved based on a determination that such alternatives meet the following require- ments and will not create a congested on-street parking situation in the vicinity of the proposal. a.Landscaping in lieu of parking.Ex- cept in the B-3 district, property own- ers have the option of requesting the deletion of up to five required spaces or ten percent of the required parking spaces, whichever is less, if 350 square feet of landscaping, trees or streetscap- ing is installed on the property for each space so deleted. This shall not decrease the amount of landscaping that would have been required with full parking, but shall be in addition to such landscaping. This option shall be approved by the ADR staff. These improvements must be placed in the public right-of-way or yards directly facing the right-of-way. b.Cash-in-lieu modifications to parking requirements in B-3 district.Where all or part of the required parking spaces can not be provided for a proposed use in the B-3 District, either through ownership or lease of the necessary land, the petitioner may satisfy the parking requirements by providing an equivalent cash-in-lieu payment ac- cording to the following provisions: (1) No building permit shall be is- sued, nor shall any use of prop- erty be initiated, unless a satis- factory cash-in-lieu payment is received by the department of finance; (2) The parking commission shall review and consider all requests for cash-in-lieu payments and furnish a written and dated cer- tificate, signed by the parking commission chair, authorizing cash-in-lieu payments.Acopy of this certificate shall be presented to the chief building official and planning director before a build- ing permit is issued or the use instituted; (3) For each required parking space not provided, payment shall be made to the city finance depart- ment as specified by standard paymentrequirementsestablished by the parking commission; (4) All real property assessed by special improvement district (SID) No. 565, or other similarly adoptedimprovementdistrictsde- signedtoprovideadditionalpark- ing spaces within the B-3 dis- trict, shall not be required to provide additional parking spaces beyond those required at the time of the SID adoption, provided the use of the real property and improvementsremainsunchanged from the initial assessments of SID No. 565, or other similarly adopted improvement districts; (a) In the event that a new use or an expansion is initiated on any portion of real prop- § 38.25.040 BOZEMAN MUNICIPAL CODE CD38:196PROOFS erty or improvements sub- sequent to the assessments for SID No. 565 or other similarly adopted improve- ment districts, then parking space requirements shall be satisfied prior to initiation of those new or expanded uses. 4.Disabled accessible parking spaces. a. Disabled parking spaces shall be pro- vided subject to federal standards enu- merated in the Americans with Dis- abilities Act (ADA) dated January 26, 1992, and Federal Standard 795, (Uni- form Federal Accessibility Standards) datedApril 1, 1988, chapter 4 (Acces- sible Elements and Spaces: Scope and Technical Requirements). Each dis- abled parking space shall also be ac- companied by a sign stating "Permit Required $100.00 Fine". See Figure 38.25.040.D in Appendix A to this chapter. b. All parking lots and facilities shall be subject to current International Build- ing Code guidelines for accessibility, and shall contain a minimum number of disabled accessible parking spaces as set forth in the ADAAG. Table 38.25.040-6 addresses the majority of circumstances: _____________________________________________________________________________ Table 38.25.040-6 Total Parking in Lot Required Minimum Num- ber of Accessible Spaces Total Parking in Lot Required Minimum Num- ber of Accessible Spaces 1 to 25 1 201 to 300 7 26 to 50 2 301 to 400 8 51 to 75 3 401 to 500 9 76 to 100 4 501 to 1000 2 percent of total 101 to 150 5 1001 and over 20 plus 1 for each 100 over 1000 151 to 200 6 (1) The first accessible parking stall provided, and one in every eight accessible spaces provided there- after, shall have an aisle eight feet wide (rather than five feet) and shall be signed "van acces- sible." (2) Accessible spaces shall be lo- cated as near as practical to a primary entrance and shall be designated as those spaces clos- est to the primary accessible en- trancetoafacility.Parkingspaces and access aisles shall be level with slopes not exceeding 1:50 in all directions and shall be maintained in an ice- and snow- free condition. (3) The minimum number of acces- sible parking spaces shall be in addition to any other required parking spaces. c. All accessible parking spaces shall be designated as reserved for the dis- abled by a sign showing the symbol of accessibility at each space. Such signs shall not be obscured by a vehicle parked in the space. Signs and sym- bols painted on the pavement as the § 38.25.040UNIFIED DEVELOPMENT CODE CD38:197PROOFS only means of identification do not meet this requirement. See Figure 38.25.040.D in Appendix A to this chapter. (1) Raised signs shall be located at a distance no greater than five feet from the front of each accessible space and shall be subject to review and approval by the plan- ning department. d. Provision of an accessible path of travel from each disabled accessible parking space to the entrance of the facility shall include ramped access where necessary and an unencum- bered minimum three-foot wide walk, sidewalk or ramps. The accessible path of travel shall be a paved, smooth surface, free of defects or design fea- tures that would restrict, inhibit or unreasonably impede the movement of a physically disabled individual. (1) The least possible slope shall be used for any ramp. The maxi- mum slope of a ramp in new construction shall be 1:12, cross slopes shall not exceed 0.25 inch per foot. The maximum rise for any run shall be 30 inches. e. Exceptions: Group R occupancies, per the most recently adopted Interna- tional Building Code definition, con- taining three or less dwelling units or congregate residences accommodat- ing ten persons or less. f. Prior to occupancy, the applicant or their representative shall certify com- pliance with the requirements of this subsection 4. 5.Bicycle parking required.All site develop- ment, exclusive of those qualifying for sketch plan review per article 19 of this chapter, shall provide bicycle parking facil- ities to accommodate bicycle-riding resi- dents and/or employees and customers of the proposed development. The number of bicycle parking spaces shall be at least ten percent of the number of automobile park- ing stalls required by Tables 24-2 and 24-4 before the use of any special exception or modification but shall in no case be less than two. a. Bicycle parking facilities will be in conformance with standards recom- mended in the city's long range trans- portation plan. b. Required bicycle parking shall be pro- vided in a safe, accessible and conve- nientlocation.Directionalsignageshall be installed when bicycle parking fa- cilities are not readily visible from the street, sidewalk, or main building en- trance. Installation of bicycle parking shall allow for adequate clearance for bicycles and their riders. c. Bicycle parking may be provided in a common area to serve multiple build- ings.The common area must be within 100 feet of each served building. d. Covered bicycle parking is encour- aged. (Ord. No. 1645, § 18.46.040, 8-15-2005; Ord. No. 1693, § 15(18.46.040), 2-20-2007; Ord. No. 1761, exh. I(18.46.040), 7-6-2009; Ord. No. 1769, exh. H(18.46.040), 12-28-2009) Sec. 38.25.050. Joint use of parking facilities. A. Up to 80 percent of the nonresidential park- ing spaces required by this article may be provided through shared parking. B. Shared parking may be requested if parking can be provided to serve two or more individual land uses without conflict or encroachment. The planning director may make a determination for shared parking arrangements based on a traffic survey or traffic impact study for the site based on the following: 1. At a minimum, a traffic survey or traffic impact study must examine for all potential § 38.25.040 BOZEMAN MUNICIPAL CODE CD38:198PROOFS uses: trip generation, hours of operation, quantity of required parking spaces, quan- tity of spaces that will be filled during peak hour periods, and any unusual events that may occur during the year that will exceed the average parking requirement. The study must indicate that adequate parking exists to meet the demand of potential uses served as well as meet technical requirements as specified by the planning director. 2. The parties sharing parking spaces shall enter into a long-term joint use agreement revocable with city commission approval, running with the term of the designated uses. C. Conditions required for joint use. 1. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 1,000 feet of such parking facilities as measured by the route of travel from the nearest parking space to the commonly used entrance of the principal use served; 2. The applicant shall show that there is no substantial conflict in the operating hours of the two buildings or uses for which joint use of off-street parking facilities is pro- posed; and 3. A properly drawn legal instrument, exe- cuted by the parties concerned for joint use of off-street parking facilities, duly ap- proved as to form and manner of execution by the city attorney, shall be filed with the city clerk and recorded with the county clerk and recorder. (Ord. No. 1645, § 18.46.050, 8-15-2005; Ord. No. 1693, § 15(18.46.010), 2-20-2007; Ord. No. 1761, exh. I(18.46.050), 7-6-2009; Ord. No. 1769, exh. H(18.46.050), 12-28-2009) Sec. 38.25.060. Off-site parking. A. Any off-site parking which is used to meet the requirements of this chapter shall be reviewed by the planning director for compliance with this chapter and shall be subject to the following con- ditions: 1. Off-site parking shall be developed and maintained in compliance with all require- ments and standards of this chapter; 2. Reasonable continuous pedestrian and ve- hicle access from off-site parking facilities to the use being served shall be provided; 3. Off-site parking for one-household and two- household dwellings shall not be permitted; 4. Off-site parking for multiple household dwellings shall not be located more than 100 feet from any commonly used entrance of the principal use served; 5. Off-site parking for nonresidential uses shall not be located more than 1,000 feet from the entrance of the principal use. The dis- tance shall be measured on a pedestrian route of travel such as a sidewalk or city standard trail from the nearest parking space to the entrance of the principal use served; and 6. Any use which depends upon off-site park- ing to meet the requirements of this chapter shall maintain ownership or provide evi- dence of a long-term lease agreement, re- vocable with city commission approval, running with the term of the designated use, for parking utilization of the off-site loca- tion. (Ord. No. 1645, § 18.46.060, 8-15-2005; Ord. No. 1693, § 15(18.46.060), 2-20-2007; Ord. No. 1761, exh. I(18.46.060), 7-6-2009; Ord. No. 1769, exh. H(18.46.060), 12-28-2009) ARTICLE 26. LANDSCAPING Sec. 38.26.010. Purpose and intent. A. The process of development, with its altera- tion of the natural topography and vegetation, and creation of impervious cover can have a negative § 38.26.010UNIFIED DEVELOPMENT CODE CD38:199PROOFS effect on the ecological balance of an area by causing or accelerating the processes of runoff, erosion and sedimentation. The economic base of the city can and should be protected through the preservation and enhancement of the area's unique natural beauty and environment. Recognizing that the general objectives of this article are to promote and protect the health, safety and welfare of the public, these landscaping regulations are adopted as part of this chapter for the following specific purposes: 1. To aid in stabilizing the environment's eco- logical balance by contributing to the pro- cess of air purification, oxygen regenera- tion,groundwaterrecharge,stormwaterrunoff retardation, and improvement of water qual- ity, while at the same time aiding in noise, glare and heat abatement; 2. To provide visual buffering between land uses of differing character by placing screen- ing vegetation; 3. To enhance the beauty of the city by ex- panding and strengthening the urban forest and providing a diversity of vegetation within the city; 4. To protect the character and stability of residential, business, institutional and indus- trial areas by establishing minimum land- scaping standards; 5. To preserve the value of land and buildings by protecting and enhancing the aesthetic character of the community; 6. To conserve energy by providing wind- breaks, shade and temperature moderation; 7. To retard the spread of noxious weeds by encouraging a vigorous desirable plant com- munity within the city; 8. To enhance the appearance of the entryways into the city by providing high-quality land- scaping which complements architecture; 9. To encourage a pleasant and safe environ- ment for pedestrians by placement of bou- levard trees and other interesting visual features; and 10. To encourage the conservation of water by rewarding the use of low water demand landscaping. (Ord. No. 1645, § 18.48.010, 8-15-2005; Ord. No. 1693, § 16(18.48.010), 2-20-2007) Sec. 38.26.020. Interpretation and scope. A. The provisions of this article shall apply to a lot or site when an application is being made for: 1. Site development approval pursuant to ar- ticle 19 of this chapter 2. Signs pursuant to article 28 of this chapter where landscaping is required; or 3. Restoration of a building that has been damaged or destroyed by fire, explosion, flood, tornado, riot, act of the public enemy or accident of any kind. For purposes of this subsectionA, "restoration" means the act of putting back into a former or original state, only. B. Not withstanding the application of subsec- tion A of this section, these provisions shall not apply to the following: 1. Lots containing residential uses subject to sketch plan review when located outside entryway corridors, except that such lots shall be subject to sections 38.26.050.Aand E, 38.26.070 and 38.26.100; 2. Lots or sites within a planned unit develop- ment which has been approved with its own landscape plan. However, these provisions shall be used as the basis for determining the landscaping plans for future planned unit developments and such planned unit development landscaping plans shall meet or exceed the standards of these landscape regulations; or § 38.26.010 BOZEMAN MUNICIPAL CODE CD38:200PROOFS 3. Lots or sites which are designed, reviewed and approved according to the deviation provisions specified in section 38.26.080. (Ord. No. 1645, § 18.48.020, 8-15-2005; Ord. No. 1693, § 16(18.48.020), 2-20-2007) Sec. 38.26.030. General landscaping provisions. A. Designation of artificial lot. 1. All the lots and building sites described in section 38.26.020.A shall be subject to landscaping provisions, however if a build- ing site is over two acres in size, the applicant may request that the planning director create an artificial lot to satisfy the requirements of section 38.26.040. 2. The planning director shall not create an artificial lot which would, in the planning director's opinion, violate the spirit of these landscape regulations.An artificial lot must: a. Wholly include the area on which the development is to occur; and b. Have an area that does not exceed 50 percent of the area of the original site. B. An artificial lot need not be platted, however it must be designated on plans approved by the planning director or city commission prior to the issuance of a building permit. C. Landscape plans shall include the informa- tion required by section 38.41.100. D. Vegetation may only be used to satisfy the requirements of this article when it is located on the same zone lot as the development depicted on the landscape plan. (Ord. No. 1645, § 18.48.030, 8-15-2005; Ord. No. 1693, § 16(18.48.030), 2-20-2007) Sec. 38.26.040. Landscape plan review. A. The city commission or other party desig- nated to conduct reviews by this chapter shall review each landscape plan to determine whether or not it complies with the requirements of this sec- tion. B. All landscape plans must comply with the mandatorylandscapeprovisionsinsection38.26.050. C. In addition, all landscape plans must earn a minimum number of points as specified in section 38.26.060. Points are awarded for specified land- scape features and elements based upon their rela- tive value or merit. The alternatives for achieving the minimum points needed for approval are pro- vided in section 38.26.060. (Ord. No. 1645, § 18.48.040, 8-15-2005; Ord. No. 1693, § 16(18.48.040), 2-20-2007) Sec. 38.26.050. Mandatory landscaping provi- sions. A.Yard landscaping required.For all uses in all districts, unless otherwise provided by specific approval through design review procedures, all front, side and rear yards, and those areas subject to 38.25.050.E, exclusive of permitted access drives, parking areas and accessory structures, shall be landscaped as defined in this chapter. All land- scaped areas shall be perpetually maintained in a healthy condition. 1. For purposes of defining yard landscaping requirements, the terms "yard," "front yard," "side yard" and "rear yard" mean the space between the actual building, parking lot, or other structure (not the building setback line) and the adjacent lot line, which is open and unoccupied from the ground upward or from the ground downward other than by steps, walks, terraces, driveways, lamp posts and similar structures, and unobstructed by structures, except as otherwise provided in this chapter. B. Additional screening requirements.The site plan or other approval authority may require addi- tional screening when it is determined to be in the best interest of the affected properties. Such addi- tional screening may be required between existing and/or future: 1. One-household and multihousehold devel- opments or apartment buildings; § 38.26.050UNIFIED DEVELOPMENT CODE CD38:201PROOFS 2. Multihousehold and multihousehold devel- opments or apartment buildings; 3. Residential and nonresidential uses; or 4. Nonresidential uses of differing character and/or intensity. C.Parking lot landscaping. 1. For purposes of defining parking lot land- scaping requirements, the term "parking lot" means the area within the perimeter of the paved portion of the parking lot, includ- ing driving aisles but not including drive accesses and parking stalls in front of garages where the use of one or more spaces within the garage is assigned to a particular dwelling. The provisions of this subsection do not apply to parking areas, as defined in article 42 of this chapter, pro- vided within a building or parking struc- ture. 2. All surface parking lots on the building site or artificial lot, whichever is applicable, shall be landscaped in accordance with this subsection C.2 which describe landscaping requirements in addition to the yard land- scaping requirements for the site: a. Parking lot screening required. (1) All parking lots located on a lot with a residential adjacency must be screened from that residential adjacency; (2) All parking lots located between a principal structure and a public street, except in M-1 and M-2 districts, must be screened from the public street; and (3) Thescreeningrequiredundersub- sections C.2.a.(1) and (2) of this section shall be not less than four feet in width and shall be maintained at a height of four to six feet except as otherwise re- strictedbyfenceandhedgeheight limits within required front yards and street vision triangles. b. Large canopy trees, large noncanopy trees or small trees must be provided in, or within 20 feet of, the parking lot at a minimum average density of: (1) One large canopy tree; or (2) One large noncanopy tree and one small tree; or (3) Three small trees for each nine parking spaces required or pro- vided, whichever is greater. c. No parking space may be located more than 90 feet from the trunk of a tree. d. No tree may be planted closer than four feet to the paved portion of the parking lot. e. Additionally, any parking lot provid- ing 15 or more parking spaces shall have a minimum of 20 square feet of landscape area within the parking lot for each off-street parking space in the lot provided as follows: (1) The interior parking lot landscap- ing shall be designed to facili- tate, control and denote proper vehicular circulation patterns; (2) Internal parking lot landscaping provided shall be proportion- ately dispersed so as to define aisles and limit unbroken rows of parking to a maximum of 100 feet, with landscaped areas pro- vided in an appropriate scale to the size of the parking lot; and (3) Theminimumwidthand/orlength of any parking lot landscaped area shall be eight feet. f. The above standards are minimum mandatory standards. The provisions of section 38.26.060 require addi- § 38.26.050 BOZEMAN MUNICIPAL CODE CD38:202PROOFS tional vegetation or other landscape features for receipt of performance standard points. D.Screening of off-street loading spaces. 1. All off-street loading spaces on a lot with residential adjacency must be screened from that residential adjacency. 2. In all districts, except M-1 and M-2 dis- tricts, all off-street loading spaces on a lot must be screened from all public streets adjacent to that lot. 3. The screening required under subsections D.1 and 2 of this section must be at least six feet in height. E.Street frontage landscaping required. 1. Except in R-S districts, all street rights-of- way contiguous to or within the proposed development site not used for street pave- ment, curbs, gutters, sidewalks or drive- ways shall be landscaped, as defined in this chapter, and shall include one large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number.When this requirement conflicts with other require- ments of this chapter or other portion of this Code the planning director may relax this standard to reach an optimal balance in public interests. a. Acceptable large canopy shade trees for use in public rights-of-way are those accepted by the forestry depart- ment. Street trees must meet the arboricultural specifications and stan- dards of chapter 16, article V, division 3. The forestry department, in cooper- ation with the city tree advisory board, publishes a pamphlet listing accept- able species and proper planting meth- ods. Prior to planting street trees, a permit from the forestry department is required. 2. Where it may be impractical or difficult to plant large canopy trees within the public right-of-way (due to the presence of over- head power lines, for instance) the require- ment for one large canopy tree for each 50 feet of street frontage may be substituted with two small ornamental trees per 50 feet of total street frontage. Acceptable small ornamental trees for use in public rights-of- way are those accepted by the forestry department. 3. The minimum quantity of trees and other landscaping required and provided in the public right-of-way as described herein shall be designed to complement on-site land- scaping and to enhance the proposed devel- opment project and the streetscape. F.Street median island landscaping.All street median islands approved through a plan review process shall be landscaped according to require- ments determined through the plan review process. G.Acceptable landscape materials. 1. Generally acceptable plant materials shall be those identified as hardy in Zones 1 through 3. The characteristics of the zones are described in The Western Garden Book, Sunset Publishing Corporation, 1995.Alter- natives may be considered upon a case-by- case basis. However, in the case of street frontage landscaping as required in subsec- tion E of this section, acceptable tree spe- cies shall be limited to those approved by the forestry department. 2. No artificial plant materials may be used to satisfy the requirements of this article. 3. Plant materials used to satisfy the require- ments of this article must comply with the following minimum size requirements at the time of installation (depending on the standard measuring technique for the spe- cies): a. Large canopy and noncanopy trees must have either: (1) For deciduous trees a minimum caliperof1.5inchestotwoinches; or § 38.26.050UNIFIED DEVELOPMENT CODE CD38:203PROOFS (2) For evergreen trees a minimum height of eight feet. b. Small canopy and noncanopy trees must have either: (1) For deciduous trees a minimum caliper of one inch; or (2) For evergreen trees a minimum height of six feet. c. All other nonturf plantings shall meet American Nursery and LandscapeAs- sociation standards. 4. For purposes of subsection G.3 of this section, height is measured from the top of the root ball or, if the plant is in a container, from the top soil level in the container. H.Protection of landscape areas. 1. Perimeter parking lot treatment as required in section 38.25.020.J shall be installed to protect landscape areas adjacent to parking lots. 2. Landscaped areas within parking lots (i.e., landscape islands or peninsulas) must be protected from vehicular traffic through the use of continuous concrete curbs, or other permanent barriers approved by the city engineer. Railroad ties, rolled asphalt, pin down wheel stops or similar methods of curbing are not acceptable methods of land- scape protection within parking lots. I.Irrigation standards. 1. Permanent irrigation systems shall be pro- vided to all landscaped areas. The use of hose bibs on the exterior of existing or proposed structures is not an acceptable method of landscape irrigation unless the landscaped area is adjacent to the existing or proposed structure. 2. All irrigation systems and landscaped areas shall be designed, constructed, operated and maintained so as to promote water conservation and prevent water overflow or seepage into the street, sidewalk or parking areas. J.Required use of trees.All landscape plans must include, for each yard with a residential adjacency, at least one of the performance standards in section 38.26.060.B that requires the use of one or more trees. K.Coordination with utilities.In order to pre- vent damage to both vegetation and public utility lines, all trees and other large vegetation shall be planted no closer than the minimum distance spec- ified in the city design standards and specifications policy. L.Maximum allowable slope or grade. 1. The finish grade of all landscaped areas, including, but not limited to, required yards, parking lot landscape islands, open space areas, plaza areas, watercourse corridors, landscaped areas adjacent to sidewalks, publictrialsorpathways,andanystormwater facilities proposed in required yards, dedi- cated park land, or open space areas shall not exceed a slope of 25 percent grade (four run to one rise). 2. The slope percent is computed by dividing the vertical distance by the horizontal dis- tance multiplied by 100. The degree of slope is equal to the tangent of vertical distance over horizontal distance (refer to Figure 38.26.050 of Appendix A to this chapter). 3. The planning director may vary the maxi- mum allowable slope of 25 percent grade to protect existing topographical or natural features (i.e., watercourse, wetlands, ma- ture vegetation) associated with a site. Al- ternatives to exceeding the maximum al- lowable slope of 25 percent may include terracing, retaining walls, architectural ap- purtenances, landscape features, or a com- bination thereof that will achieve a greater design quality and enhanced landscape fea- tures. § 38.26.050 BOZEMAN MUNICIPAL CODE CD38:204PROOFS 4. All landscaped areas to be finished in grass that exceed a maximum allowable slope of 25 percent grade shall be installed as turf sod, or hydro-seed. If hydro-seed is uti- lized, additional erosion control fabric (i.e., matting or blanket), or equivalent thereof) shall be provided to ensure a stable slope for a minimum of one calendar year while the vegetation becomes established. (Ord. No. 1645, § 18.48.050, 8-15-2005; Ord. No. 1693, § 16(18.48.050), 2-20-2007) Sec. 38.26.060. Landscape performance stan- dards. A. In addition to complying with the mandatory landscape provisions in section 38.26.050, all land- scape plans must earn a minimum number of points as specified in this section. Points are awarded for specified landscape features and elements based upon their relative value or merit. 1. The minimum number of points needed for landscape plan approval by zoning district is as follows: ______________________________________________________________________________________ Table 38.26.060-1 Zoning District Lot With Residential Adjacency (as defined in section 38.42.1770) Lot Without Residential Adjacency All districts not listed below 23 15 B-1 18 15 B-3 ("core area" as defined in section 38.10.010.3.a)13 (0) 13 (0) PUD site plans 23 15 Residential PUD non-site-specific open space plans shall meet or exceed the stan- dards of these landscaping regulations un- less a specific relaxation has been granted 15 15 Commercial PUD non-site-specific open space plans shall meet or exceed the stan- dards of these landscaping regulations un- less a specific relaxation has been granted 23 15 2. The points required under subsectionA.1 of this section may be earned by enhancing mandatory yard landscaping through a com- bination of one or more of the methods provided for in subsections B, C, and D of this section. The landscaping required by section 38.26.050, except subsection E of said section for boulevard trees, may be used to meet the requirements of this sec- tion B. Yard landscaping enhancement. When con- sidering whether landscaping meets the require- ments of this section, groupings must be placed in such a fashion as to be related and mutually § 38.26.060UNIFIED DEVELOPMENT CODE CD38:205PROOFS supportive of design quality and be placed so as to allow the healthy development of maturing vegeta- tion. 1. Points may be earned for use of certain vegetation types as follows: a. Three points are awarded for the in- stallation of 50 percent or greater of the surface area of the yard with drought tolerant species of herbaceous perennials, and grasses accepting of maintenance by annual mowing and limited irrigation; b. Three points are awarded for the in- stallation of drought tolerant species for greater than 50 percent and less than 75 percent of the number of trees and shrubs; c. Five points are awarded for the instal- lation of drought tolerant species for 75 percent or greater of the number of trees and shrubs; and d. One point shall be awarded for each mature tree existing on-site over six inches in caliper which is preserved by the proposed design of the site development. In order to utilize this subsection, the tree must have remain- ing life expectancy of at least 20 years and be protected from damage during construction. Caliper shall be mea- sured at one foot above grade. 2. Five points per yard (up to 15 points maximum) are awarded when the land- scaped yard contains, for each 50 linear feet of each landscaped yard, one or more of the plant elements in both columns A and B in the following Table 38.26.060-2: Table 38.26.060-2 Column A Column B 1 large canopy tree 3 evergreen shrubs and 3 deciduous shrubs Column A Column B 1 large noncanopy tree 2 small ornamental trees 2 small ornamental trees 2 large evergreen trees 6 evergreen shrubs 6 deciduous shrub a. The required plant elements from col- umns A and B in Table 38.26.060-2 may be arranged in any combination meeting the quantity requirements of this subsection B. 3. In the case of a lot with residential adja- cency only, eight points are awarded for providing vegetative screening in the land- scaped yard with residential adjacency in accordance with the following: a. The screening must be of natural veg- etation at least six feet in height; b. The screening must extend along the entire length of the portion of the landscaped yard where a residential adjacency exists, exclusive of: (1) Public street frontage; (2) Driveways and accessways at points of ingress and egress to the lot; and (3) Street vision triangles; c. However, no points are awarded for screening required by section 38.26.050.Bunlesstherequiredscreen- ing is constructed of earthen berm or evergreen plant materials; d. If screening is provided by an earthen berm or evergreen plant materials, the following additional regulations ap- ply: (1) An earthen berm must be planted with groundcover. The earthen berm may not have a slope that exceeds one foot of rise for each two feet of run and must be at least four feet high, including § 38.26.060 BOZEMAN MUNICIPAL CODE CD38:206PROOFS plantingmaterials,subjecttofront yard and street vision triangle height limitations. (2) Evergreen plant materials must: (a) Be located in a bed that is at least three feet wide; (b) Be placed a maximum of 48 inches on center over the entire length of the bed unless an alternative plant- ing density that a land- scape architect certifies as being capable of providing a solid appearance within three years is approved; and (c) Provide a visual barrier of the required height within three years of their initial planting; 4. Two points may be awarded when founda- tion plantings obscuring not less than 70 percent of the building perimeter, exclusive of entrys, are provided. 5. One point (up to five points maximum) is awarded when the landscaped roof con- tains, for each 500 square feet of land- scaped roof, one or more of the plant elements in both columns A and B of Table 38.26.060-2. In order to qualify, a land- scaped roof shall meet all requirements of this chapter including at least 75 percent coverage with live vegetation and perma- nent irrigation. C. Nonvegetative special features. 1. Five points are awarded if the commercial building is located on the site so that 50 percent or more of the street facade of the building is within a distance of three feet or less from the required front building line, i.e., front yard setback line, as defined in article 42 of this chapter; 2. Amaximum of eight points may be awarded when a site is graded and/or terraced utiliz- ing natural stone or prefabricated decora- tive masonry retaining wall material as a drystack or mortared wall. In order to qualify for the points available in this section the wall portion must: a. Be five percent of the length of the total perimeter of the lot or artificial lot for each two points to be awarded; b. Have a vertical face surface of at least one foot along the length of the area to be considered for subsection C.2.a of this section; c. Be integrated with other landscaping materials and grading on the site; and d. Be complementary to the overall grad- ing of the site and the activities and architecture contained on the site; 3. Up to a maximum of five points may be awarded as follows; a. One point is awarded for each stone boulder not smaller than three feet in diameter which is integrated with other landscaping; b. One point is awarded for each nine cubic feet of original, freestanding, permanent sculpture which is inte- grated with other landscaping. 4. One point is awarded for each one percent increment of lot area covered by publicly accessible special pedestrian facilities and features such as plazas, courtyards, covered walkways, fountains, lakes, streams and ponds, seating areas, and outdoor recreation facilities, up to a maximum of five points. D. Parking lot landscaping. 1. Ten points are awarded when all surface parking lots, as defined in article 42 of this chapter on the building site or artificial lot, whichever is applicable, are landscaped in § 38.26.060UNIFIED DEVELOPMENT CODE CD38:207PROOFS accordance with this subsection D in addi- tion to that landscaping required in section 38.26.050: a. The parking lot must contain one of the plant groups from subsection B.2 of this section at an average density of one group, plus an additional one large canopy tree within 20 feet of the parking lot, for each required 16 park- ing spaces; and b. No required parking space may be located more than 70 feet from the trunk of a large canopy tree. (Ord. No. 1645, § 18.48.060, 8-15-2005; Ord. No. 1693, § 16(18.48.060), 2-20-2007) Sec. 38.26.070. Landscaping of public lands. A.City rights-of-way and parks. 1.General. a. Tree planting permits shall be ob- tained from the forestry department prior to installation of trees in city rights-of-way or parks. b. Drought tolerant grass seed shall be planted in these areas. 2.External streets, open space, and parks. The developer shall be responsible at the time of initial development for installing vegetative ground cover, boulevard trees and an irrigation system in the public right- of-way boulevard strips along all external perimeter development streets and adjacent to public parks or other open space areas. a. Prior to installing landscaping in city rights-of-way or parks, the developer shall submit a landscaping plan to the superintendent of public lands and facilities for review and approval. The landscaping plan shall be prepared by a qualified landscaping professional meeting the requirements of this arti- cle. Tree planting permits shall be obtained before any tree is placed on public land. b. Wells shall be used to irrigate land- scaping in these areas. 3.Adjacent to individual lots.When individ- ual parcels are developed, the individual property owners shall be responsible for installing landscaping and street trees within the public right-of-way boulevard strips adjacent to their property, and providing for irrigation, in compliance with section 38.26.050.E.1. B.Maintenance. 1. Maintenance of landscaping installed within the boulevard portion of the public right- of-way, with the exception of tree trimming and tree removal, shall be the responsibility of adjacent property owners. 2. Adeveloper shall be responsible for irrigat- ing and maintaining landscaping along ex- ternal streets and landscaping adjacent to parks or other opens space areas until 50 percent of the lots are sold. Thereafter, the property owners association shall be respon- sible for maintaining and irrigating these landscaped areas. The property owners as- sociation may with the city's approval es- tablish an improvement district to collect assessments to pay for the irrigation and maintenance. 3. The city shall accept responsibility for the maintenance of all other required landscap- ing installed in accordance with approved site plans within the public right-of-way or on other public lands. C.State rights-of-way.Landscaping shall be in- stalled along state rights-of-way, in the same man- ner described in this section, provided that the state department of transportation has reviewed and ap- proved the proposed landscaping plan. Maintenance of landscaping installed within the boulevard por- tion of the public right-of-way shall be the respon- § 38.26.060 BOZEMAN MUNICIPAL CODE CD38:208PROOFS sibility of adjacent property owners unless a differ- ent responsibility is established by the encroachment permit. (Ord. No. 1645, § 18.48.070, 8-15-2005; Ord. No. 1693, § 16(18.48.070), 2-20-2007) Sec. 38.26.080. Deviation from landscaping re- quirements. A. To achieve the optimal landscape design on individual sites, or to coordinate the landscape design in an area, it may be necessary to deviate from the strict application of landscaping require- ments. An application for such deviation shall be processed through the pertinent design review au- thority and approved by the city commission. B. The application for deviation shall be subject to the submittal and procedural requirements of this chapter, and shall be accompanied by written and graphic material sufficient to illustrate the condi- tions that the modified standards will produce, so as to enable the city commission to determine that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards, and will be consistent with the intent and purpose of this article. Upon such a finding, the city commission may authorize within the neighborhood conservation and entryway corri- dor overlay districts deviations of up to 20 percent from landscape design standards contained herein. (Ord. No. 1645, § 18.48.080, 8-15-2005; Ord. No. 1693, § 16(18.48.080), 2-20-2007) Sec. 38.26.090. Landscaping completion. All landscaping must be completed or secured in accordance with the provisions of article 39 of this chapter. (Ord. No. 1645, § 18.48.090, 8-15-2005; Ord. No. 1693, § 16(18.48.090), 2-20-2007) Sec. 38.26.100. General maintenance. A. Required landscaping must be maintained in a healthy, growing condition at all times. The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning and other maintenance of all plantings as needed. How- ever, the city forestry department is responsible for pruning or removing any tree in a city right-of-way or park. Any plant that dies must be replaced with another living plant that complies with the approved landscape plan. Failure to maintain required land- scaping in a healthy growing condition at all times may result in revocation of an occupancy permit. When enforcing this provision of this chapter, external factors such as seasonality and availability of landscape stock shall be considered before any action to revoke an occupancy permit is taken. B. Any damage to utility lines, resulting from the negligence of the property owner or the owner's agents or employees in the installation and mainte- nance of required landscaping in a utility easement, is the responsibility of the property owner. If a public utility disturbs a landscaped area in a utility easement, it shall make every reasonable effort to preserve the landscaping materials and return them to their prior locations after the utility work. If, nonetheless, some plant materials die, it is the obligation of the property owner to replace the plant materials. (Ord. No. 1645, § 18.48.100, 8-15-2005; Ord. No. 1693, § 16(18.48.100), 2-20-2007) ARTICLE 27. PARK AND RECREATION REQUIREMENTS* Sec. 38.27.010. General. Except as provided in section 38.27.020.B, all subdivisions and residential developments subject to article 19 of this chapter, shall comply with the provisions of this article. (Ord. No. 1645, § 18.50.010, 8-15-2005; Ord. No. 1693, § 17(18.50.010), 2-20-2007; Ord. No. 1709, § 13(18.50.010), 7-16-2007; Ord. No. 1769, exh. I(18.50.010), 12-28-2009) Sec. 38.27.020. Park area and open space re- quirements. A. The area required by this subsection shall be provided. The required area or its equivalent may be provided by any combination of land dedication, *State law reference—Park dedication requirement, MCA 76-3-621. § 38.27.020UNIFIED DEVELOPMENT CODE CD38:209PROOFS cash donation in-lieu of land dedication, or an alternative authorized by section 38.27.100, subject to the standards of this chapter. 1. When the net residential density of devel- opment is known, 0.03 acre 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 dedica- tion for that density above eight dwell- ings per acre shall be met with a cash donation in-lieu of the additional land unless specifically determined other- wise by the city commission. b. These requirements are based on the community need for parks and the development densities identified in the growth policy and this chapter. c. Net residential density of develop- ment 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 deter- mined. d. 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 RMH zoning districts, the maximum net residential den- sity shall be ten dwellings per acre. (2) For development within the R-3, R-4, and R-O zoning districts, the maximum net residential den- sity shall be 12 dwellings per acre. (3) For development within other zoning districts not previously specified and developed for res- idential uses, the maximum net residential density shall be 12 dwellings per acre; or 2. If net residential density of development is unknown, 0.03 acres per dwelling of land dedication or its equivalent shall be pro- vided as follows: a. For initial subdivision or other devel- opment: (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-O zon- ing districts, 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 ten dwell- ings per acre shall be provided as cash-in-lieu. (2) For development within the R-3, R-4, and R-O zoning districts the land area equivalent for the additional net residential density not to exceed a total, including § 38.27.020 BOZEMAN MUNICIPAL CODE CD38:210PROOFS prior dedications, of 12 dwell- ings per acre shall be provided as cash-in-lieu. (3) For development within other zoning districts not previously specified and developed for res- idential uses for the additional net residential density not to ex- ceed a total, including prior ded- ications, of 12 dwellings per acre shall be provided as cash-in-lieu. 3. Applicability to site plans. Section 38.27.020.A.2, shall not apply to subse- quent site plan development located within major subdivisions which received prelim- inary plat approval after July 1, 1973, and which received final plat approval prior to October 1, 2005. 4. Special case. The city has established chap- ter 10, article 8, to encourage the provision and development of affordable housing. a. The minimum number of workforce housing units required to comply with chapter 10, article 8, are exempt from the park land dedication requirements of this article. Dwellings resulting from the density bonus provisions of section 10.08.070.1 are exempt from the park land dedication requirements. Workforce housing units in excess of the minimum number shall provide park land on the same basis as other development. b. The park land requirement for devel- opment not otherwise exempted from dedication requirements shall be re- duced by a 1:1 ratio based on the minimum required square footage of the lot area necessary to provide min- imum compliance with chapter 10, article 8. For example, if 50,000 square feet of lots for workforce housing units are required then there shall be a reduction in the required park land area of 50,000 square feet. (1) If the developer chooses to de- velop more than the required number or area of workforce housing unit lots, the additional lot area square footage above the minimum required shall not fur- ther reduce the park land area. (2) The reduction of park land shall be allowed for WHUs and/or lots provided offsite of the re- sponsible development but only to the extent of the required WHU lot area for the develop- ment applying for this park land offset and only applied on the site of the development applying for the park land offset. c. The reductions in park land dedication to conform to chapter 10, article 8, may not reduce the development's park land requirements below the min- imum established by MCA 76-3-621. B. Exceptions. Land dedication or cash donation in-lieu of land dedication shall not be required for: 1. A minor subdivision. 2. Land proposed for subdivision into parcels larger than five acres. 3. Subdivision into parcels which are all non- residential. 4. A subdivision in which parcels are not created, except when that subdivision pro- vides permanent multiple spaces for recre- ational camping vehicles or manufactured homes. 5. A subdivision in which only one additional parcel is being created. 6. An application reviewed under section 38.19.050. § 38.27.020UNIFIED DEVELOPMENT CODE CD38:211PROOFS C. Development on land initially exempted from park dedication is required to provide park dedica- tion if further development of the site does not continue to meet the criteria for exemption. D. Residential site plans. For residential site plans unless otherwise provided through the subdi- vision or planned unit development review process, is an amount of park land or its equivalent equal to that required by section 38.27.020 for the proposed number of dwelling units set aside within the project boundaries, and configured for active recre- ational use by the residents of the project; or has the developer proposed to provide its equivalent as may otherwise be allowed by this chapter. E. Residential site plans open space require- ment. Site plans containing five or more dwelling units shall provide on-site open space for the use of the residents. The area to be provided is calculated only for those dwellings which do not have ground floor access to a landscaped rear yard. Open space shall be provided at a rate of 150 square feet per dwelling unit for dwellings with two or more bedrooms, and 100 square feet per dwelling unit for studio and one bedroom dwellings. All landscaped areas, public plazas or common green roof decks shall be considered a "commons" and be accessible to all residents of the site. The requirement may be met through the use of any of the following options. Options may be combined to satisfy the area re- quirement. 1. Landscaped. The required area shall: a. Be configured in areas of not less than 600 square feet in area; and b. Have at least one minimum dimension of 25 feet. Upon a showing that a superior design will result, the city may allow up to a 20 percent reduc- tion in the minimum dimension so long as the space does not exceed a length to width ration of 1:3, and c. Have a slope of ten percent or less; and d. Not have nonrecreational structures or detention/retention ponds; and e. Provide the equivalent seating area of two benches, each four feet in length, which do not obstruct its use; and f. Area shall be centralized within the project with a clear pedestrian connec- tion from all served dwelling unit; or g. Properties adjacent to a park, trail or other open space amenity shall be configured in such a manner as to complement and relate to the adjacent open space facilities; and 2. Common plaza or common green roof deck. Area provided through this means may be used to meet the performance requirements of article 26 of this chapter, Landscaping. The required area shall: a. Meet a minimum size of 225 square feet; and b. Have a minimum dimension of 15 feet. Upon a showing that a superior design will result, the city may allow up to a 20 percent reduction in the minimum dimension so long as the space does not exceed a length to width ration of 1:3; and c. Be fully surfaced with scored con- crete, architectural pavers, or other alternative high quality surfacing; and d. Area must have a slope of two percent or less; e. Provide one of the following: (1) Option 1, a minimum of two benches and two permanent irri- gated planters with a cumulative area of not less than 40 square feet; (2) Option 2, two benches and a shade structure that would cover 50 percent of the plaza area; (3) Option 3, a fountain of at least ten square feet with integrated seating around fountain perime- ter; or § 38.27.020 BOZEMAN MUNICIPAL CODE CD38:212PROOFS f. For green roof deck credit the area shall include 25 percent of the surface planted with rooftop landscaping (trays or full depth soil); 3. Private patio or private green roof deck. The required area shall: a. Have a minimum dimension of eight feet. Upon a showing that a superior design will result, the city may allow up to a 20 percent reduction in the minimum dimension so long as the space does not exceed a length to width ration of 1:3; and b. Be surrounded by minimum 18 inch masonry screen wall; c. Green roof deck shall include 25 per- cent of the surface planted with roof- top landscaping (trays or full depth soil); 4. Private individual balconies shall have min- imum dimensions of six feet by six feet. (Ord. No. 1645, § 18.50.020, 8-15-2005; Ord. No. 1693, § 17(18.50.020), 2-20-2007; Ord. No. 1709, § 13(18.50.010), 7-16-2007; Ord. No. 1769, exh. I(18.50.020), 12-28-2009) Sec. 38.27.030. Cash donation in-lieu of land dedication. A. The city commission may determine whether the park dedication must be a land dedication, cash donation in-lieu of land dedication or a combination of both. When making this determination, the city commission shall consider the following: 1. The desirability and suitability of land for parks and playgrounds based on size, to- pography, shape, location or other circum- stances; and 2. The expressed preference of the developer. B. When a combination of land dedication and cash donation in-lieu of land dedication is required, the cash donation may not exceed the proportional amount not covered by the land dedication. C. Cash donation in-lieu of land dedication shall be equal to the fair market value of the amount of land that would have been dedicated. For the purpose of these regulations, the fair market value is the value of the unsubdivided, unimproved land after it has been annexed and given an urban zoning designation. The city intends to obtain the highest value for cash-in-lieu of park land that is allowable under state law. 1. It shall be the responsibility of the devel- oper to provide an appraisal of the fair market value by a certified real estate appraiser of their choosing. The appraisal fee shall be the responsibility of the devel- oper. 2. When a land value must be established for cash-in-lieu of land dedication to satisfy the requirements of section 38.27.020, and the value of the land in an unsubdivided, un- improved, but annexed and zoned condition can not reasonably be determined, the de- veloper may provide an appraisal of resi- dentially zoned property with a zoning designation that allows the density of dwell- ings proposed for development. 3. The appraisal provided for the purpose of section 38.27.030 shall be conducted not sooner than 90 days prior to the submittal of an application for final plat or final site plan approval. D. Where a cash donation has been accepted in-lieu of land dedication, the amount of cash donation shall be stated on the final plat or plan as appropriate. E. Where a cash donation has been accepted in-lieu of land dedication, the city commission shall record in the meeting minutes why the dedication of land for parks and playgrounds was undesirable. F. Use of cash donations. 1. The city commission shall use a cash do- nation for development or acquisition of parks to serve the development. § 38.27.030UNIFIED DEVELOPMENT CODE CD38:213PROOFS 2. The city commission may use the cash donation to acquire or develop parks or recreational areas within its jurisdiction or for the purchase of public open space or conservation easements, only if: a. The park, recreational area, open space or conservation easement is within a reasonably close proximity to the pro- posed development; and b. The city commission has formally adopted a citywide park plan that establishes the needs and procedures for use of the cash donation. (Ord. No. 1645, § 18.50.030, 8-15-2005; Ord. No. 1693, § 17(18.50.030), 2-20-2007; Ord. No. 1709, § 13(18.50.030), 7-16-2007; Ord. No. 1769, exh. I(18.50.030), 12-28-2009) Sec. 38.27.040. Park use. As part of an individual park master plan, the developer shall indicate the proposed use of the park as active, passive, playground, ballfield, etc. However, the final use of the park shall be deter- mined by the city commission. (Ord. No. 1645, § 18.50.040, 8-15-2005; Ord. No. 1693, § 17(18.50.040), 2-20-2007; Ord. No. 1709, § 13(18.50.040), 7-16-2007; Ord. No. 1769, exh. I(18.50.040), 12-28-2009) Sec. 38.27.050. Location. A.General.The city commission or planning director, in consultation with the developer, recre- ation and parks advisory board, and the planning board if applicable, may determine suitable loca- tions for parks and playgrounds. Park land must be located on land suitable to and supportive of the activities and functions depicted in the relevant park plan, and unless the park plan indicates a require- ment for another configuration, should be kept in a large block. B.Subarea or neighborhood plans.If a subarea or neighborhood plan has been adopted for the area, the subdivision shall comply with the subarea or neighborhood plan for the location of parks. (Ord. No. 1645, § 18.50.050, 8-15-2005; Ord. No. 1693, § 17(18.50.050), 2-20-2007; Ord. No. 1709, § 13(18.50.050), 7-16-2007; Ord. No. 1769, exh. I(18.50.050), 12-28-2009) Sec. 38.27.060. Frontage. A. Park land, excluding linear trail corridors, shall have frontage along 100 percent of its perim- eter on public or private streets or roads. The city may consider and approve the installation of streets along less than 100 percent, but not less than 50 percent, of the perimeter when: 1. Necessary due to topography, the presence of critical lands, or similar site constraints; and 2. a. When direct pedestrian access is pro- vided to the perimeters without street frontage; and b. When additional land area is provided in the park to accommodate the off- street parking which would have oth- erwise been provided by the addi- tional length of perimeter streets and the additional land is developed as a parking area; or c. When additional land area is provided in the park to accommodate the off- street parking which would have been provided by the additional length of perimeter streets and, in lieu of the constructed parking area, an equiva- lent dollar value of nonparking im- provements within the park are pro- vided according to the individual park plan. (Ord. No. 1645, § 18.50.060, 8-15-2005; Ord. No. 1693, § 17(18.50.060), 2-20-2007; Ord. No. 1709, § 13(18.50.060), 7-16-2007; Ord. No. 1769, exh. I(18.50.060), 12-28-2009) Sec. 38.27.070. Linear parks. A.General.If consistent with a growth policy or citywide park plan, and if reviewed and approved by the city commission, linear parks shall be dedicated to the city to provide corridors for recre- ation pathways as defined in section 38.27.110. 1. Pathway corridors within required water- course setbacks shall not be dedicated to the city as linear parks and such land may § 38.27.030 BOZEMAN MUNICIPAL CODE CD38:214PROOFS not be used to satisfy park land dedication requirements. Instead, cash donation in-lieu of land dedication credit shall be granted only for the cost of constructing Class II or III recreational trails if public access is provided. The developer shall provide a detailed cost estimate for installation of the trail, for review and acceptance by the city, to determine the cash donation credit. a. Within required watercourse setbacks, a public access easement that is at least 25 feet in width shall be pro- vided to ensure adequate room for the construction, maintenance and use of the trail. B.Width.To ensure adequate room for pathway construction, maintenance and use, linear parks shall be at least 25 feet in width. C.Maintenance.These areas shall be main- tained in accordance with section 38.27.110.E until an alternative method (e.g., a citywide parks main- tenance district) of funding and maintaining the linear park is established. (Ord. No. 1645, § 18.50.070, 8-15-2005; Ord. No. 1693, § 17(18.50.070), 2-20-2007; Ord. No. 1709, § 13(18.50.070), 7-16-2007; Ord. No. 1769, exh. I(18.50.070), 12-28-2009) Sec. 38.27.080. Park development. A.General.Developers shall consult any ad- opted citywide park plan, and with the recreation and parks advisory board which implements the plan, to determine the types of parks needed for the proposed development and surrounding area. Parks shall be developed in accordance with the citywide park plan and any approved park master plan. At a minimum, all parks shall be improved to the fol- lowing standards by the developer, prior to final plat or final occupancy approval as appropriate: 1.Minimum required improvements land ded- ications.The subdivider shall be responsi- ble for leveling any park area, amending the soil, seeding disturbed areas to allow mow- ing with turf type mowers, and installing an underground irrigation system in compli- ance with city standards and specifications. a. Parks shall be seeded with drought tolerant grass seed unless approved otherwise in writing by the park su- perintendent. 2.Irrigation.The developer shall be respon- sible for irrigating the park area until 50 percent of the subdivision lots or condomin- ium units are sold. Thereafter, the property owners association shall be responsible for park irrigation. The property owners' asso- ciation could establish an improvement dis- trict to collect assessments to pay for irri- gation. a. Wells shall be used to irrigate park land. B.Boundaries.The park boundary bordering all private lots shall be delineated at the common private/public corner pins, with flat, flexible fiber- glass posts, a minimum of six feet in length with no less than two feet driven into the ground. Each post must be labeled, with a permanent glue on sign, stating "Park Boundary" or "Property Boundary." Other forms of boundary marking may be approved by the planning or other appropriate department. C.Sidewalks.Sidewalks, when required within the development, shall be installed by the developer at points where the park borders or crosses public or private streets. D.Stormwater detention/retention ponds. Stormwater retention or detention ponds may be located within public park land, but such areas shall not count towards the park land dedication require- ment. Any stormwater ponds located on park land shall be designed, constructed and/or added to so as to be conducive to the normal use and maintenance of the park. Stormwater ponds shall not be located on private lots. Stormwater retention or detention ponds shall be maintained by the property owners association. § 38.27.080UNIFIED DEVELOPMENT CODE CD38:215PROOFS E.Clean up required.The park area must have all fencing material, construction debris and other trash removed. (Ord. No. 1645, § 18.50.080, 8-15-2005; Ord. No. 1693, § 17(18.50.080), 2-20-2007; Ord. No. 1709, § 13(18.50.080), 7-16-2007; Ord. No. 1769, exh. I(18.50.080), 12-28-2009) Sec. 38.27.090. Waiverof park maintenance dis- trict. When required, the developer shall sign, and file at the county clerk and recorder's office, a waiver of right to protest the creation of park maintenance district. The waiver shall be filed with the final subdivision plat, or recorded at the time of other final approval. (Ord. No. 1645, § 18.50.090, 8-15-2005; Ord. No. 1693, § 17(18.50.090), 2-20-2007; Ord. No. 1709, § 13(18.50.090), 7-16-2007; Ord. No. 1769, exh. I(18.50.090), 12-28-2009) Sec. 38.27.100. Waiver of required park dedica- tion. A. The city commission shall waive the park dedication or cash donation in-lieu of land dedica- tion requirement if land equal to or exceeding the area of the dedication otherwise required by this article is set aside by one of the following means: 1. The proposed development provides long- term protection of critical wildlife habitat; cultural, historical, archaeological or natu- ral resources; agricultural interests; or aes- thetic values. 2. The proposed development provides for a planned unit development or other develop- ment with land permanently set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the development. 3. The development is a land subdivision created by rent or lease (i.e., manufactured housing communities and recreational ve- hicle parks) with land permanently set aside for parks or playgrounds within the subdi- vision for rent or lease for the common use of the residents of the development. a. These park or playground areas shall be maintained by the property owners association. 4. The developer provides for land outside of the subdivision to be set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the subdivision. a. The land being developed shall be within the service area, as designated by an adopted citywide park plan, of the dedicated park land; and b. The developer must dedicate the off- site park land to the city; or c. The developer must execute the ap- propriate public access easements on privately-owned land. The easements shall be held by the city. The city's responsibilities for park land dedi- cated by easement shall be the same as for fee simple park land dedication. 5. The developer provides land outside the development that affords long-term protec- tion of critical wildlife habitat; cultural, historical, archaeological or natural re- sources; agricultural interests; or aesthetic values; and the area of the land to be subject to long-term protection equals or exceeds the area of the dedication other- wise required by this article. 6. A subdivider may dedicate land to School District 7 to provide some or all of the land area required by section 38.27.020. The area dedicated to the school district may be used for school facilities or buildings, in- cluding but not limited to play grounds or other recreational facility. Any dedication to the school district shall be subject to the § 38.27.080 BOZEMAN MUNICIPAL CODE CD38:216PROOFS approval of the city commission and accep- tance by the board of trustees of School District 7. a. In approving a dedication of land to the school district the city commission shall make affirmative findings that: (1) Adequate public park land al- ready exists within the vicinity of the dedicating subdivision to meet service standards estab- lished by the city's parks master plan; (2) The land is located within the city limits or within one mile of city limits; (3) The school district has estab- lished a facility plan to demon- strate how the dedicated prop- erty will be utilized; (4) The school district's facility plan shall describe any coordination intended for joint use of the property by the school district and the city; and (5) The option for cash-in-lieu of land described in section 38.27.030 shall not be used in place of a land dedication to the school district. b. It shall be noted in a certificate on the plat and in any deed to the land that if School District 7 later chooses to dispose of the property, it shall revert to the city to be used for park pur- poses. The land shall be transferred to the city from School District 7 with clear title and in a condition meeting the minimum development standards for parks established in section 38.27.080. 7. If a tract of land is being developed under single ownership as a part of an overall plan, and part of the tract has previously been subdivided or developed, and suffi- cient park land dedication or cash donation in-lieu of land dedication has been provided from the area that has been previously subdivided or developed to meet the require- ments of this section for the entire tract being developed, the city commission shall issue an order waiving the land dedication and cash donation requirements for the subsequently developed area. (Ord. No. 1645, § 18.50.100, 8-15-2005; Ord. No. 1693, § 17(18.50.100), 2-20-2007; Ord. No. 1709, § 13(18.50.100), 7-16-2007; Ord. No. 1769, exh. I(18.50.100), 12-28-2009) Sec. 38.27.110. Recreation pathways. A.General.Developers shall install pathways in accordance with this chapter, the growth policy, the most recently adopted long-range transportation plan, any adopted citywide park plan, and any adopted individual park master plan, and shall comply with City of Bozeman Design Specifica- tions. B.Pathway categories.The development review committee (DRC) shall be responsible for determin- ing whether a pathway is a transportation pathway or a recreation pathway. For subdivision proposals, this determination shall be made during the preap- plication process. 1.Recreation pathways.The city commission may require developers to install recreation pathways, to provide recreational and phys- ical fitness opportunities within the devel- opment, as part of the required develop- ment improvements. Recreation pathways include the following facilities: a. Pathways that do not connect major residential, employment, educational or service nodes; b. Pathways that connect parks, but do not connect major residential, employ- ment, educational or service nodes; c. Pathways that are not ADA accessible due to topography; d. Pathways located within parks; and § 38.27.110UNIFIED DEVELOPMENT CODE CD38:217PROOFS e. Class II and III trails. 2.Transportation pathways.For the definition of transportation pathways, please see sec- tion 38.24.110. C.Related facilities.If pathways are proposed or required, stream crossings and other similar improvements, where necessary, shall be installed. Bridge design and construction shall comply with city specifications and standards, and shall be submitted to the planning department for review and approval. Any necessary permits for bridges shall be obtained by the developer from the appro- priate agency prior to installation of the stream crossings. D.Trail requirements.The class of the trail shall be determined by the recreation and parks advisory board, and the trail shall be designed and con- structed according to any adopted park or recreation plan or other city specifications and standards. Trails and bridges must meet Americans with Dis- abilities Act (ADA) specifications for recreational facilities and maintain a natural appearance. Trail plans and specifications shall be submitted to the planning department for review and approval prior to installation. E.Pathway maintenance.Recreation pathways within the proposed development shall be main- tained, in conformance with an approved mainte- nance plan, by the developer until 50 percent of the lots or condominium units are sold. Thereafter the property owners association shall be responsible for maintenance.The property owners association could establish an improvement district to collect assess- ments to pay for the maintenance. F.Pathway easements.Where pathways cross private land or common open space, the proper public access easements shall be provided. Public access easements for pathways shall be at least 25 feet wide. G.Linear parks.Corridors for recreation path- ways may be dedicated to the city in accordance with section 38.27.070. (Ord. No. 1645, § 18.50.110, 8-15-2005; Ord. No. 1693, § 17(18.50.110), 2-20-2007; Ord. No. 1709, § 13(18.50.110), 7-16-2007; Ord. No. 1769, exh. I(18.50.110), 12-28-2009; Ord. No. 1796, § 7, 1-3-2011) ARTICLE 28. SIGNS* Sec. 38.28.010. Intent and purpose. A. It is the intent and purpose of this article to promote the health, safety and welfare of the residents and visitors of the city by regulating and controlling the size, location, type, quality of mate- rials, height, maintenance and construction of all signs and sign structures not located within a building, or within a building and visible from the exterior for the following reasons: 1. To preserve the Bozeman area's natural scenic beauty and character as expressed in adopted city plans and policies; 2. To contribute to inviting entrances into the city by eliminating clutter associated, in part, with the unrestricted proliferation of signs, lights and stringed devices; 3. To encourage area beautification through creative, interrelated design of signage, land- scaping, buildings, access and parking that enhances the community's built and natural environment; 4. To give all businesses an equal opportunity to have a sign that will help people find the services they need; 5. To ensure that pedestrians and motorists are protected from damage or injury caused or partly attributable to the distractions and obstructions which are caused by improp- erly situated signs. The city commission intends to provide a reasonable balance between the right of an individual to iden- tify their business and the right of the public to be protected from the visual discord that results from the unrestricted proliferation of signs. Sections 38.16.070 *State law reference—Information signs, MCA 60- 5-501 et seq. § 38.27.110 BOZEMAN MUNICIPAL CODE CD38:218PROOFS and 38.17.080 establish certain exemptions, and alternative procedures utilizing design review. The deliberations and decisions of the design review shall be directed to ac- complish the intent and purpose of this section. It is determined that the regulations contained herein are the minimum neces- sary to further the interests of this chapter; and 6. To protect the public health and safety by minimizing distractions to the traveling pub- lic. (Ord. No. 1645, § 18.52.010, 8-15-2005; Ord. No. 1693, § 18(18.52.010), 2-20-2007; Ord. No. 1761, exh. J(18.52.010), 7-6-2009; Ord. No. 1769, exh. J(18.52.010), 12-28-2009) Sec. 38.28.020. Sign permit requirements. If a sign requiring a permit under the provision of this article is to be placed, constructed, erected or modified on a zone lot, the owner of the lot shall secure a sign and building permit prior to the construction, placement, erection or modification of such a sign. Furthermore, the property owner shall maintain in force, at all times, a permit for such sign. No permit of any kind shall be issued for an existing sign or proposed sign unless such sign is consistent with the requirements of this article. (Ord. No. 1645, § 18.52.020, 8-15-2005; Ord. No. 1693, § 18(18.52.020), 2-20-2007; Ord. No. 1761, exh. J(18.52.020), 7-6-2009; Ord. No. 1769, exh. J(18.52.020), 12-28-2009) Sec. 38.28.030. Prohibited signs. A. All signs not expressly permitted under this article, or exempt from regulation, are prohibited in the city. Such signs include, but are not limited to: 1. Portable signs (except as allowed under chapter 34, article V); 2. Roof signs; 3. Revolving signs, except as permitted in section 38.28.060; 4. Beacons, spotlights; 5. Flashing, blinking, or animated signs, or LED or other electronic messaging signs except for incidental signs as defined in article 42 of this chapter; 6. Pennants, streamers, wind socks, pinwheels, or similar items; 7. Stringed flags; 8. Inflatable signs and tethered balloons (ex- cept as permitted per section 38.28.040); 9. Signs located in public rights-of-way (ex- cept for those specifically permitted in this article; and 10. Signs that resemble an official traffic sign or signal, and signs that resemble traffic signs because they predominately display the words "STOP," "GO SLOW," "CAU- TION," "DANGER," "WARNING," or sim- ilar words that are commonly used by agencies of government and construction contractors to draw attention to traffic or roadway hazards. (Ord. No. 1645, § 18.52.030, 8-15-2005; Ord. No. 1693, § 18(18.52.030), 2-20-2007; Ord. No. 1761, exh. J(18.52.030), 7-6-2009; Ord. No. 1769, exh. J(18.52.030), 12-28-2009; Ord. No. 1780, § 1(18.52.030), 3-22-2010) Sec. 38.28.040. Permitted temporary and spe- cial event signs. A. Temporary and special event signs, such as banners, tethered balloons and inflatable signs, but excluding those subject to section 38.28.050, shall be allowed only as follows: 1. Special event signs are permitted in the zones described in section 38.28.060.A.1 and 2. 2. Applicants for temporary signs shall apply for, and have approved, a temporary sign permit 3. All temporary signs shall comply with size, height, and location requirements of this article. § 38.28.040UNIFIED DEVELOPMENT CODE CD38:219PROOFS 4. For special commercial events, temporary signs shall be displayed for a consecutive period not to exceed 15 days, for a maxi- mum of 30 days per calendar year, from January 1 to December 31. There shall be a period of at least seven days between each 15-day display period. 5. Temporary signs which identify a new busi- ness may be may be displayed for a period not to exceed 60 days, additional temporary signs shall not be allowed until the next calendar year. Only one temporary sign identifying a new business shall be permit- ted for the life of the business.Asubsequent temporary sign identifying a new business may be permitted when business ownership has transferred to another owner, or when the business moves to a new location on a different zone lot. 6. Temporary signs that identify a new busi- ness may be displayed until the business erects a permanent sign, only if the business is in the process of obtaining a permanent sign, or 60 days, whichever comes first. If the business has previously had a tempo- rary sign in the same location, the business will be allowed a maximum of an addi- tional 30 more days of temporary signage. 7. Itinerant vendors shall receive information about allowable temporary signs at the time they apply for a business license, but no permit is required if the itinerant vendor is operating less than seven days. 8. Temporary signs that are seasonal in nature, such as garden greenhouses, boat show- rooms, or ski rental, may apply for a long term temporary sign which may be ap- proved for a period not to exceed 180 days. 9. Businesses may promote events in the com- munity, such as the county fair or Sweet Pea, by applying for and receiving a tem- porary sign permit for their location. When notice of the event and nonsponsorship related information occupies more than 75 percent of the banner area, such a tempo- rary sign will not count in their temporary and special event signage limit of 30 days a year. (Ord. No. 1645, § 18.52.040, 8-15-2005; Ord. No. 1693, § 18(18.52.040), 2-20-2007; Ord. No. 1761, exh. J(18.52.040), 7-6-2009; Ord. No. 1769, exh. J(18.52.040), 12-28-2009) Sec. 38.28.050. Signs exempt from permit re- quirements. A. The following signs shall be exempt from the permitting requirement but must comply with the criteria for signs allowed by this article, except section 38.28.060: 1.Residential zones (R-S, R-1, R-2, R-3, R-4, RMH). a. Temporary, nonilluminated signs, e.g. real estate sale, political campaign and other noncommercial speech signs that do not exceed nine square feet in total area and, if freestanding, five feet in height. No more than one such sign per street frontage. b. Businesses working at a residentially zoned lot, such as landscapers or win- dow treatment installers, may post an identifying sign only when they are physically at the residence, and the sign shall be removed immediately when the working party leaves the property. Such sign shall not exceed nine square feet in total area and, if freestanding shall not exceed five feet in height. Not more than one such sign per street frontage per lot is allowed. Such signs shall not be con- sideredoff-premisesadvertisingsolong as the identified business is actively engaged on the site. 2.Commercial and manufacturing zones (R-O, B-1, B-2, B-3, UMU, M-1, M-2, BP, PLI, HMU). a. Window signs painted on the window or physically affixed to the interior of § 38.28.040 BOZEMAN MUNICIPAL CODE CD38:220PROOFS a window, provided that such signs do not occupy more than 25 percent of the area of the window in which it is displayed. If it exceeds 25 percent of the area of the window, it will be classified as a wall sign. b. Signs within a structure or building or other enclosed area of property when such signs are not legible when viewed from outside the structure or property. c. Temporary nonilluminated signs, e.g., real estate sale, for rent or lease, political campaign, noncommercial speechsignsshallnotexceed32square feet in size, shall be no more than five feet high and shall be at least five feet from the property line. Only one sign of each subject per street frontage per lot is allowed. d. Atemporary, nonilluminated sign iden- tifying the businesses working at a construction site may be posted. The signs for multiple businesses shall be aggregated among all those working on the site and in total shall not exceed 32 square feet in size, shall be no more than five feet high and shall be at least five feet from the property line. All parties to the development, including, but not limited to, banks, architects, contractors, developers, fu- ture occupants of the lot, real estate agent, landscape company shall be on a single sign per street frontage per lot. Such signs shall not be considered off-premises advertising so long as the identified business is actively en- gaged on the site. e. Not more than four on-premises direc- tional signs not exceeding four square feet in area and five feet in height which shall not contain any commer- cial messages. 3.All zones. a.Government and public utility signs. Directional,warning,street,trafficcon- trol, informational or temporary spe- cial event signs that are erected, in- stalled or placed by or on behalf of any federal, state, county or city gov- ernment. Public utility signs showing locations of underground facilities or public telephones, and safety signs on construction sites, are included within this exemption. b.Incidental signs.A sign, generally in- formational, that has a purpose sec- ondary to the use of the zone lot on which it is located, such as "no park- ing," "entrance," "loading only," and other similar directives. No sign with a commercial message, which is de- signed with the intent to be legible from a position off the zone lot on which the sign is located, shall be considered incidental. (Ord. No. 1645, § 18.52.050, 8-15-2005; Ord. No. 1693, § 18(18.52.050), 2-20-2007; Ord. No. 1761, exh. J(18.52.050), 7-6-2009; Ord. No. 1769, exh. J(18.52.050), 12-28-2009) Sec. 38.28.060. Signs permitted upon the issu- ance of a sign permit. A. The following on-premises signs are permit- ted in the indicated zones subject to a sign permit: 1.Commercial,manufacturing,andpublicland zones (B-2, B-3, UMU, M-1, M-2, BP, PLI, NEHMU).A lot in a B-2 district is permit- ted total signage not to exceed 400 square feet. The maximum allowable total signage in the other districts listed herein shall not exceed 250 square feet per lot. A compre- hensive sign plan is required for all com- mercial centers consisting of two or more tenant spaces on a lot and shall be designed in accordance with section 38.28.080. a.Freestanding signs.One freestanding sign is permitted per zoned lot. The § 38.28.060UNIFIED DEVELOPMENT CODE CD38:221PROOFS maximum area for a freestanding sign shall be 32 square feet. A low profile freestanding sign shall be set back a minimum of five feet with a maxi- mum height of five feet. A pole-style freestanding sign shall be set back a minimum of 15 feet with a maximum height of 13 feet. The pole-style sign will maintain at least an 8-foot mini- mum vertical clearance from the ground. b.Wall signs.Wall signs are not to exceed a total signage allowance of 1.5 square feet per linear foot of building frontage minus any area de- voted to freestanding or projecting signs. Canopy, window and awning signs shall be classified as wall signs. Wall signs shall not project above the top of a wall or parapet. Lots fronting on two or more streets shall be per- mitted an additional 35 percent of the already permitted wall sign area for each subsequent building frontage. c.Projecting signs.One projecting sign per tenant. Projecting signs shall not exceed eight square feet in area nor extend more than four feet from the building. In the B-3 district, project- ing signs shall not exceed 12 square feet in area nor extend more than six feet from the building. Projecting signs shall provide a minimum sidewalk clearance of eight feet. (1) In the B-2, B-3, HMI, and UMU districts a projecting sign may include, either as part of a larger sign or as the entire sign, a revolving sign with not more than 2.5 square feet of sign area. A rotating sign located within the building does not need to provide the minimum sidewalk clearance height. A rotating sign shallnotexceedarotationalspeed of one full rotation in two sec- onds. Signs exceeding this limit shall be classified as a flashing sign. 2.Business and office zones (B-1, R-O).The maximum allowable total signage for a lot with one building shall not exceed 80 squarefeetinaB-1districtornonresidentially planned R-O district, the maximum allow- able total signage for a lot with two or more buildings shall not exceed 160 square feet in a B-1 district or nonresidentially planned R-O district and 32 square feet in a residen- tial planned R-O district. A comprehensive sign plan is required for all commercial centers consisting of two or more tenant spaces on a lot. Such plans shall be de- signed in accordance with this section. a.Low profile freestanding signs.One low profile sign not to exceed 32 square feet in area in the B-1 district, and 12 square feet in area in the R-O district. In both the B-1 and the R-O districts, the low profile sign shall have a minimum setback of five feet and a maximum height of five feet. Pole-style freestanding signs are not permitted in the B-1 and R-O zones. b.Wall signs.Wall signs in the B-1 district are not to exceed a total signage allowance of one square foot per lin- ear foot of building frontage minus any area devoted to freestanding or projecting signs. Wall signs in the R-O district are not to exceed a total signage allowance of 0.5 of a square foot per linear foot of building front- age minus any area devoted to free- standing and/or projecting signs. Can- opy, window and awning signs shall be classified as wall signs. Wall signs shall not project above the top of a wall or parapet. Lots fronting on two or more streets shall be permitted an § 38.28.060 BOZEMAN MUNICIPAL CODE CD38:222PROOFS additional 35 percent of the already permitted wall sign area for each sub- sequent building frontage. c.Projecting signs.One projecting sign per tenant. Projecting signs shall not exceed eight square feet in area nor extend more than four feet from the building. Projecting signs shall pro- vide a minimum sidewalk clearance of eight feet. (1) In the B-1 district a projecting sign may include, either as part of a larger sign or as the entire sign, a revolving sign with not more than 2.5 square feet of sign area. A rotating sign located within the building does not need to provide the minimum side- walk clearance height.Arotating sign shall not exceed a rotational speed of one full rotation in two seconds. Signs exceeding this limit shall be classified as a flashing sign. d.Subdivision identification signs.For residential subdivisions consisting of more than four residential units, one low profile, freestanding, neighbor- hood identification sign per develop- ment entrance is allowed. Each sign shall not exceed 16 square feet in area or five feet in height from the finished grade. The sign must be setback at least five feet from the property line. e.Residentialbuildingidentificationsigns. For properties used for multihousehold residential buildings, one residential identification wall sign per street front- age. Each sign shall not exceed eight square feet in area. 3.Residential zones (R-S, R-1, R-2, R-3, R-4, RMH). a.Subdivision identification signs.For residential subdivisions consisting of more than four residential units, one low profile, freestanding, neighbor- hood identification sign per develop- ment entrance is allowed. Each sign shall not exceed 16 square feet in area or five feet in height from the finished grade. The sign must be setback at least five feet from the property line. b.Residentialbuildingidentificationsigns. For properties used for multihousehold residential buildings, one residential identification wall sign per street front- age. Each sign shall not exceed eight square feet in area. c.Signs appurtenant to residential prin- cipal and conditional uses and home occupations. (1) Principal residential uses and home occupations shall be per- mitted commercial message signage not to exceed four square feet in area and shall not be located in any required setback area. In addition, home occupa- tionsshallbepermittedonesquare foot signs on a mailbox or lamp- post or 1.5 square feet of free- standing signage located a min- imum of five feet from the property line. (2) Principal residential uses shall be permitted noncommercial speech signs which do not ex- ceed 30 square feet in area nor five feet in height. Such sign must be setback at least 15 feet from the property line. (3) Conditional nonresidential type uses, such as churches, veteri- nary uses, golf courses, day care centers and schools shall be per- mitted signage as if the underly- ing zoning were B-1. Condi- tional residential type uses such as bed and breakfast homes, and § 38.28.060UNIFIED DEVELOPMENT CODE CD38:223PROOFS fraternity and sorority houses, shall be permitted signage as if the underlying zoning were R-O. Such signs may only be illumi- nated during the hours of opera- tion. d.Planned unit developments.Commer- cial establishments within planned unit developments where the underlying zoning is residential shall be permit- ted signage as if the lot were in a B-1 zone. 3.Special districts and zones.The guidelines for the underlying zoning districts apply unless otherwise addressed below: a.Neighborhood conservation overlay district.Within this district, all signage is subject to issuance of a certificate of appropriateness after review for compliance with the design guidelines fortheneighborhoodconservationover- lay district. If the applicant is not requesting sign deviations, the sign application will be reviewed by ADR staff. If the applicant is requesting deviations, the sign application shall be subject to review by the design review board and the city commis- sion. b.Entryway overlay district.Within this district, all signage is subject to issu- ance of a certificate of appropriate- ness after review for compliance with the design objectives plan for entry- way corridors. If the applicant is not requesting sign deviations, the sign application will be reviewed by ADR staff. Signage may exceed the under- lying zoning district limitations by up to 20 percent upon review and ap- proval of a deviation by the city com- mission, upon the recommendation of the design review board, and upon receipt of a certificate of appropriate- ness. c.Interchange zone.Signage may ex- ceed the maximum total sign area permitted by section 38.28.060 by up to 25 percent upon review and ap- proval of a deviation by the city com- mission, upon the recommendation of the appropriate design review advi- sory body, and upon receipt of a certificate of appropriateness. Each lot shall be permitted one freestanding sign. (1)Low profile signs.One low pro- file sign per zoned lot. The max- imum area for a low profile sign shall be 40 square feet. The sign shall be setback a minimum of five feet with a maximum height of eight feet. (2)Pole-stylesigns.Apole-stylefree- standing sign shall be set back a minimum of 15 feet and will maintain at least an eight-foot minimumverticalclearance.Pole- style signs shall not exceed a total area of 40 square feet or 16 feet in height, provided how- ever, that for every two feet said sign is set back from 15 feet beyond the street right-of-way, the height measured at grade may be increased one foot, not to exceed a total of 32 feet, and the area may be increased by 2.5 square feet for every two feet that said sign is set back 15 feet beyond the street right-of-way up to a maximum of 120 square feet. d.Main Street historic district.Permits for signs that encroach into the public right-of-way shall be obtained from the city manager's office in city hall. (Ord. No. 1645, § 18.52.060, 8-15-2005; Ord. No. 1693, § 18(18.52.060), 2-20-2007; Ord. No. 1761, exh. J(18.52.060), 7-6-2009; Ord. No. 1769, exh. J(18.52.060), 12-28-2009; Ord. No. § 2(18.52.060), 3-22-2010) § 38.28.060 BOZEMAN MUNICIPAL CODE CD38:224PROOFS Sec. 38.28.070. Wayfinding signage. A. Purpose. Wayfinding signs shall serve to assist travelers in navigating the larger community and identifying defined districts. Wayfinding signs or kiosks are not intended to serve as off-premises advertising for individual entities. B. Defined districts. To qualify as a district an area must have a significant commonality of pur- pose, identity and shared functions serving the larger community. Designation as a district is at the discretion of the city and shall only be granted when found to be consistent with the intent of this article and the city's other adopted regulations, policies and plans. Approval of district designation is the duty of the planning director who shall make written findings of the decision. C. Wayfinding signage is intended to add to the district's "sense of place" and may include district identification signs, directory signs to designate shared or common spaces such as parking facilities, parks, trails and open space. It may also include pedestrian-scale informational kiosks to announce district events and/or to list a directory that corre- sponds with a map presented in the kiosk. Wayfind- ing signs shall not advertise specific businesses or otherwise constitute off-premises signs. Wayfinding signage is permitted within districts only after approval of a comprehensive signage plan for the wayfinding signs. D. Submittal of a comprehensive signage plan for wayfinding must be made by a single individual or entity legally authorized to represent the area within the plan and with the consent of relevant governing authority. In addition to the requirements of section 38.28.180, a comprehensive signage plan for wayfinding must: 1. Include a description of the installation and maintenance program for the signs includ- ing, but not limited to, who is responsible for installation and maintenance, identified reliable funding for installation and main- tenance, contact plan for the responsible individual, and a description of how the sign program will be kept updated or re- moved. If the signs are to be illuminated a description of how the power source may be removed and made safe shall be in- cluded. 2. Demonstrate how it will enhance the streetscape by promoting a unified and enhanced visual aesthetic consistent with the streetscape design elements in the dis- trict; coordinate information to pedestrians and drivers in a clear, consistent, and un- derstandable format; and reduce visual clut- ter. 3. Include information on how the district stakeholders were given opportunity to col- laboratively participate in the selection of the sign types and designs. 4. Clearly describe the hierarchy of signs and include the criteria for determining sign placement and size. Any signs intended to be read from the right-of-way shall comply with the lettering standards of the Manual for Uniform Traffic Control Devices for the road type and speed. 5. The wayfinding signage plan shall include signage elevations and plans with corre- sponding map designating signs types and locations. E. Design standards. The wayfinding signs shall include and meet the following standards and pro- visions: 1. Color schemes, fonts and materials. Coor- dinated color schemes, fonts and materials, including base supports, cabinet details and mounting methods, shall serve to distin- guish wayfinding signage within the district from other districts. 2. Lighting. Lighting is not required. If any lighting is proposed, the wayfinding signage plan shall include cut-sheets and lighting details in accordance with the standards established in section 38.23.150. a. Photovoltaic panels to provide power, where appropriate, are encouraged. § 38.28.070UNIFIED DEVELOPMENT CODE CD38:225PROOFS 3. Size and location. Signage may be located within required setbacks and may be lo- cated within the right-of-way, with ap- proval from the applicable review agencies including the city and/or the state depart- ment of transportation. Restrictions for signs within the public right-of-way may be more strict than those on private property in order to avoid conflict or confusion with official regulatory and warning signs or interfer- ence with travel. 4. Wayfinding signs shall comply with the following standards: a. Wayfinding signs that are affixed to a lightpost, traffic post or sign within the right-of-way shall not exceed four square feet in area and are limited to one sign per block face (or equiva- lent). b. Anysignsintendedtobelocatedwithin the right-of-way shall comply with the construction standards of the Manual for Uniform Traffic Control Devices. c. Freestandingwayfindingkiosksorsigns are limited to one sign per two blocks (or equivalent), shall not exceed 30 square feet in area per face and shall not exceed seven feet in height. d. Wayfinding signage may be located within the street-vision triangle at in- tersections controlled by a traffic light. e. Decorative features including but not limited to post caps may extend an additional two feet for a total of nine feet in height. f. Photovoltaic panels are exempt from the height requirement. g. Business names, logos, or other marks identifying specific parties on a direc- tory list or map in a kiosk shall not exceed one inch in height. h. Wayfinding signage may not interfere with the clear passage of pedestrians or vehicles or otherwise cause safety hazards. i. Wayfinding signs shall not obscure or obstruct any existing regulatory, warn- ing, or parking control signs. 5. Wayfinding signs are allowed for parks, or for districts containing more than 30 acres of platted lots. 6. Aperformance bond or other surety accept- able to the city may be required for the maintenance, replacement, updating, and/or removal of signs in an amount acceptable to the planning director. (Ord. No. 1769, exh. J(18.52.065), 12-28-2009) Sec. 38.28.080. Comprehensive sign plan. A. A comprehensive sign plan shall be submit- ted for all commercial, office, industrial and civic uses consisting of two or more tenant or occupant spaces on a lot or two or more lots subject to a common development permit or plan. A compre- hensive sign plan shall not be approved unless it is consistent with this article, the underlying zoning regulations applicable to the property and any discretionary development permit or plan for the property. The plan should include the size and location of buildings and the size and location of existing and proposed signs. The purpose of the plan is to coordinate graphics and signs with build- ing design. The coordination shall be achieved by: 1. Using the same type of cabinet supports or method of mounting for signs of the same type; using the same type of construction for components, such as sign copy, cabinet and supports; using other types of integrat- ing techniques, such as common color ele- ments, determined appropriate by the plan- ning director. § 38.28.070 BOZEMAN MUNICIPAL CODE CD38:226PROOFS 2. Using the same form of illumination for all signs, or by using varied forms of illumi- nations determined compatible by the plan- ning director. (Ord. No. 1645, § 18.52.070, 8-15-2005; Ord. No. 1693, § 18(18.52.070), 2-20-2007; Ord. No. 1761, exh. J(18.52.070), 7-6-2009; Ord. No. 1769, exh. J(18.52.070), 12-28-2009) Sec. 38.28.090. Multitenant complexes with less than 100,000 square feet of ground floor area. A. The guidelines for the underlying zoning districts apply unless otherwise addressed in this section: 1. The maximum permitted wall sign area allowed for each tenant space shall be the percentage of the total floor area on the zoned lot that the tenant occupies multi- plied by the wall area allowed by section 38.28.060.1.b or 2.b. If the lot has more than one building frontage, the individual tenant space may derive sign area only from the frontage which the space faces. Lots under this section shall be allowed a low profile sign that identifies the complex, which otherwise conforms to this article, in addition to the sign area already permitted under section 38.28.060.A.1.b or 2.b. (Ord. No. 1645, § 18.52.080, 8-15-2005; Ord. No. 1693, § 18(18.52.080), 2-20-2007; Ord. No. 1761, exh. J(18.52.080), 7-6-2009; Ord. No. 1769, exh. J(18.52.080), 12-28-2009) Sec. 38.28.100. Multitenantcomplexeswithmore than 100,000 square feet of ground floor area. A. The guidelines for the underlying zoning districts apply unless otherwise addressed in this section: 1.Freestanding signs. a.Pole-style signs.One pole-style sign per street frontage not to exceed 48 square feet in area or 16 feet in height. The sign area computed for a pole- style sign shall not be subtracted from the maximum allowable wall signage permitted for the entire complex. b.Low profile signs.One low profile sign shall be permitted at each second- ary entrance of the complex, provided each sign shall not exceed 32 square feet in area, not five feet in height, and must be setback a minimum of five feet from the property lines. All low profile signs shall only identify the complex and must display the street number address in figures which are at least six inches high. Low profile signs complying with these regula- tions will not be factored when calcu- lating the maximum permitted wall sign area. 2.Wall signs.Each tenant shall be permitted wall signage square footage calculated from 1.5 times the linear store frontage. For the maximum allowable total signage, please see section 38.28.060.1 or 2. (Ord. No. 1645, § 18.52.090, 8-15-2005; Ord. No. 1693, § 18(18.52.090), 2-20-2007; Ord. No. 1761, exh. J(18.52.090), 7-6-2009; Ord. No. 1769, exh. J(18.52.090), 12-28-2009) Sec. 38.28.110. Indoor shopping mall complexes with more than 100,000 square feet of ground floor area. A. The guidelines for the underlying zoning districts apply unless otherwise addressed in this section: 1.Freestanding signs. a.Pole-style signs.One pole-style sign per street frontage not to exceed 48 square feet in area or 16 feet in height. The sign area computed for a pole- style sign shall not be subtracted from the maximum allowable wall signage permitted for the entire complex. § 38.28.110UNIFIED DEVELOPMENT CODE CD38:227PROOFS b.Low profile signs.One low profile sign shall be permitted at each second- ary entrance of the complex, provided each sign shall not exceed 32 square feet in area, nor five feet in height, and must be set back a minimum of five feet from the property lines. All low profile signs shall only identify the complex and must display the street number address in figures which are at least six inches high. Low profile signs complying with these regulations will not be factored when calculating the maximum permitted wall sign area. 2.Wall signs.Each anchor tenant occupying 20,000 square feet or more shall be permit- ted 300 square feet of wall signage. Each tenant with an exclusive outdoor customer entrance shall be permitted wall signage square footage calculated from five percent of the ground floor area. (Ord. No. 1645, § 18.52.100, 8-15-2005; Ord. No. 1693, § 18(18.52.100), 2-20-2007; Ord. No. 1761, exh. J(18.52.100), 7-6-2009; Ord. No. 1769, exh. J(18.52.100), 12-28-2009) Sec. 38.28.120. Illumination. A. Illumination, if any, shall be provided by artificial light which is constant in intensity and color. Internally illuminated "can signs" are accept- able provided background and copy are coordinated to avoid excessive light output. Neon and other gas type transformers shall be limited to 60 milliam- peres and fluorescent transformers shall be limited to 800 milliamperes to soften light output. The output of lumens from lighting provided by other types of light emitters shall not exceed that possible from gas type transformers as regulated in this subsection A. Additionally, neon and other gas type signs with exposed tubing shall be equipped with dimmers. B. Externally illuminated wall-mounted and pole signs shall be lighted by fixtures mounted at the top of the sign and aimed downward; ground-mounted sign lighting may only be used for monument style signs. Fixtures used to illuminate signs shall be aimed so as not to project their output beyond the sign. (Ord. No. 1645, § 18.52.110, 8-15-2005; Ord. No. 1693, § 18(18.52.110), 2-20-2007; Ord. No. 1761, exh. J(18.52.110), 7-6-2009; Ord. No. 1769, exh. J(18.52.110), 12-28-2009) Sec. 38.28.130. Street vision triangles. Signs shall not be placed in sight vision triangles as they are established in section 38.24.100, unless specifically authorized in this article. (Ord. No. 1645, § 18.52.120, 8-15-2005; Ord. No. 1693, § 18(18.52.120), 2-20-2007; Ord. No. 1761, exh. J(18.52.120), 7-6-2009; Ord. No. 1769, exh. J(18.52.120), 12-28-2009) Sec. 38.28.140. Required address signs. Street numbers shall be required for all residen- tial, commercial, industrial, and civic uses in all zones, consistent with the requirements of the fire department. All freestanding signs shall display the address of the lot in six-inch numbers. (Ord. No. 1645, § 18.52.130, 8-15-2005; Ord. No. 1693, § 18(18.52.130), 2-20-2007; Ord. No. 1761, exh. J(18.52.130), 7-6-2009; Ord. No. 1769, exh. J(18.52.130), 12-28-2009) Sec. 38.28.150. Billboards and other off-prem- ises advertising. A. Off-premises commercial advertising signs are not permitted within the city limits except as permitted by state or federal law. 1.Exception:Off-premisessignsmaybeplaced on the interior of transit shelters reviewed and approved by the city and served by an active fixed route transit service. Signage within a transit shelter shall not distract drivers of vehicles nor be legible from the driving lanes. (Ord. No. 1645, § 18.52.140, 8-15-2005; Ord. No. 1693, § 18(18.52.140), 2-20-2007; Ord. No. 1761, exh. J(18.52.140), 7-6-2009; Ord. No. 1769, exh. J(18.52.140), 12-28-2009) § 38.28.110 BOZEMAN MUNICIPAL CODE CD38:228PROOFS Sec. 38.28.160. Signs erected in conjunction with nonprofit activities on public property. A. Signs erected on public property in support of nonprofit activities, such as signs advertising spon- sors of youth and sports activities, shall be allowed only as follows: 1. The sign shall be permitted only at devel- oped facilities in public parks or other publicly owned lands. 2. The sign may be erected two weeks prior to the commencement of the activity and shall be removed within two weeks after the cessation of the activity for which the sign were erected. 3. Each individual sign shall be no larger than 32 square feet. Freestanding signs must be setback a minimum of 15 feet from the property line with a maximum height of five feet. Signs attached to walls or score- boards shall not be subject to the five foot height limitation. However, signs attached to walls or scoreboards shall not exceed the height of the wall or scoreboard to which they are attached.All signs shall be oriented towards spectators attending the activity who are at the facility. 4. The sign shall not: a. Be individually illuminated; nor b. Be placed in sight vision triangles or otherwise impede or obstruct the view of the traveling public. 5. Applicants for such sign must apply for, and have approved, a special temporary sign permit detailing the nature of the sign to be erected and the duration the sign will remain in place. Applications and review procedures shall be made as per section 38.28.180. (Ord. No. 1645, § 18.52.150, 8-15-2005; Ord. No. 1693, § 18(18.52.150), 2-20-2007; Ord. No. 1761, exh. J(18.52.150), 7-6-2009; Ord. No. 1769, exh. J(18.52.150), 12-28-2009) Sec. 38.28.170. Historic or culturally significant signs. Signs which have historical or cultural signifi- cance to the city but do not conform to the provi- sions of this article, maybe permitted provided that the city commission adopts findings supporting the historical or cultural significance of the sign and issues a sign permit. Such findings shall be adopted by resolution of the city commission. (Ord. No. 1645, § 18.52.160, 8-15-2005; Ord. No. 1693, § 18(18.52.160), 2-20-2007; Ord. No. 1761, exh. J(18.52.160), 7-6-2009; Ord. No. 1769, exh. J(18.52.160), 12-28-2009) Sec. 38.28.180. Application. A. An application for a sign shall be made on forms provided by the planning department. The application shall contain sufficient information and plans to permit review pursuant to this article, including, but not limited to, building elevations; photographs; proposed locations of signs on build- ing elevations; sign design layout showing number, types and dimensions of all signs; and a site plan showing proposed location of all signs. B. Acceptability and adequacy of application. 1. The planning department shall review the application for acceptability within five working days to determine if the applica- tion does not omit any of the submittal elements required by this chapter. If the application does not contain all of the required elements, the application and a written explanation of what the application is missing shall be returned to the property owner or their representative.The five work- ing day review period will be considered met if the letter is dated, signed and placed in the outgoing mail within the five-day review period. 2. After the application is deemed to contain the required elements and to be acceptable, it shall be reviewed for adequacy. A deter- mination of adequacy means the applica- tion contains all of the required elements in § 38.28.180UNIFIED DEVELOPMENT CODE CD38:229PROOFS sufficient detail and accuracy to enable the city to make a determination that the appli- cation either does or does not conform to the requirements of this chapter and any other applicable regulations under the juris- diction of the city. Determination of ade- quacy will be made by the planning depart- ment. The adequacy review period shall begin on the next working day after the date that the planning department determines the application contains all the required ele- ments and shall be completed within not more than 15 working days. The 15 work- ing day review period will be considered met if the letter is dated, signed and placed in the outgoing mail within the 15 working day review period. If the application is inadequate, a written explanation of why the application is inadequate will be re- turned to the property owner. Upon a deter- mination of adequacy the review of the development will be scheduled. a. In the event the missing information is not received by the city within 15 working days of notification to the property owner of inadequacy, all ap- plication materials shall be returned to the property owner or their represen- tative. Subsequent resubmittal shall require payment of a review fee as if it were a new application. b. A determination that an application is adequate does not restrict the city from requesting additional informa- tion during the review process. 3. Should the property owner choose not to provide the required information after an application has been found unacceptable, nor to accept return of the application, the application may be processed by the city with the recognition by the property owner that unacceptability is an adequate basis for denial of the application regardless of other merit of the application. 4. Action. a. After an application is deemed ade- quate, the planning director shall act to approve or deny the application within ten working days; or b. After the application is determined to be adequate for review, if the applica- tion includes a request for a deviation or variance the city shall schedule the application to be heard at the next available meeting of the city commis- sion which allows for required public notice to be given; or c. If the sign application is submitted in conjunction with a site plan or other similar review then the review process and final review authority shall be coordinated. 5. An applicant may appeal the denial of a permit request pursuant to the provisions of article 35 of this chapter. (Ord. No. 1645, § 18.52.170, 8-15-2005; Ord. No. 1693, § 18(18.52.170), 2-20-2007; Ord. No. 1761, exh. J(18.52.170), 7-6-2009; Ord. No. 1769, exh. J(18.52.170), 12-28-2009) Sec. 38.28.190. Maintenance of permitted signs. All signs shall be continuously maintained in a state of security, safety and repair.Abandoned signs and sign support structures shall be removed. If any sign is found not to be so maintained, or is in need of repair or has been abandoned, it shall be the duty of the owner and the occupant of the premises to repair or remove the sign within 14 calendar days after receiving written notice to do so from the planning director. If the sign is not so repaired or removed within such time, the planning director shall cause the sign to be removed at the expense of the owner of the premises. (Ord. No. 1645, § 18.52.180, 8-15-2005; Ord. No. 1693, § 18(18.52.180), 2-20-2007; Ord. No. 1761, exh. J(18.52.180), 7-6-2009; Ord. No. 1769, exh. J(18.52.180), 12-28-2009) § 38.28.180 BOZEMAN MUNICIPAL CODE CD38:230PROOFS Sec. 38.28.200. Nonconforming signs. A. The eventual elimination of existing signs that are not in conformity with the provisions of this article is as important as the regulation of new signs. Except as otherwise provided herein, the owner of any zone lot or other premises on which exists a sign that does not conform with the require- ments of this article and for which there is no prior, valid sign permit shall remove such sign. B. All signs which were legally permitted prior to June 22, 1997, are considered legal, permitted signs under this article. Except as provided for in subsection C of this section, said sign, if noncon- forming with this article, may not be: 1. Replaced except with a conforming sign; 2. Changed in copy (except for signs specifi- cally designed to be changed in copy, such as readerboards with changeable letters); 3. Structurally altered to extend its useful life; or 4. Expanded, moved or relocated. C. No legal, nonconforming sign may be altered or enlarged in any way which increases its noncon- formity, but any existing signage, or portions thereof, may be altered by decreasing its nonconformity (except as provided in subsection D of this section). D. Any lot with a nonconforming sign may not add additional signage until all signs on the lot are brought into conformance with this article. Any site modification that requires a certificate of appropri- ateness (except when the certificate of appropriates is solely for the purpose of placing energy collec- tion equipment), site plan review or reuse applica- tion will necessitate compliance for all existing and proposed signage on the lot. (Ord. No. 1645, § 18.52.190, 8-15-2005; Ord. No. 1693, § 18(18.52.190), 2-20-2007; Ord. No. 1761, exh. J(18.52.190), 7-6-2009; Ord. No. 1769, exh. J(18.52.190), 12-28-2009) Sec. 38.28.210. Substitution. Any sign allowed under this article may contain, in lieu of any other message or copy, any lawful noncommercial message that does not direct atten- tion to a business operated for profit, or to a product, commodity or service for sale or lease, or to any other commercial interest or activity, so long as the sign complies with the size, height, area and otherrequirementsofthisarticle.Authorizeddecision- making bodies may not consider the content of speech or the viewpoint of the speaker when taking action to approve or deny sign permits or other application for signs. (Ord. No. 1769, exh. J(18.52.200), 12-28-2009) Sec. 38.28.220. Severability. Where any word, phrase, clause, sentence, para- graph, or section or other part of this article is held invalid by a court of competent jurisdiction by express inclusion in the decision to be invalid, such judgment shall affect only that part held invalid and such decision shall not affect, impair or nullify this chapter as a whole or any other part thereof. (Ord. No. 1769, exh. J(18.52.200), 12-28-2009) ARTICLE 29. TELECOMMUNICATIONS Sec. 38.29.010. Intent, purpose and applicabil- ity. A. It is the duty of the city to protect the public health, safety and welfare and the city has the authority to regulate the placement, construction and modification of wireless facilities in the ad- vancement of that duty. B. The city commission finds that: 1. The aesthetic character of the city is a matter of substantial economic importance and general concern to the citizens of the city, as described in the city's adopted growth policy, and is an important part of the public welfare; 2. Wireless facilities are often visually obtru- sive due to their necessary height, support equipmentandinterruptionoftheviewscape, and can have substantial impacts on the § 38.29.010UNIFIED DEVELOPMENT CODE CD38:231PROOFS character of the city and its surrounding viewsheds which negatively affect the char- acter of the city; 3. The impacts of wireless facilities can be reduced by establishing standards for loca- tion, structural integrity, compatibility and collocation; 4. The city desires to promote collocation, use of stealth installations of wireless facilities and the use of smaller and less intrusive facilities to minimize the need to construct new large scale wireless facilities in order to reduce visual and other impacts on the community; 5. The city desires to provide clear and con- sistent regulations for review of proposed wireless facilities; 6. The city desires to support the ability of telecommunication service providers to de- liver such services to the community con- sistent with other community objectives; 7. The construction of new large scale wire- less facilities is the action of last resort to provide for wireless communication ser- vices and should only be undertaken when other alternatives are not available; 8. It is necessary to determine the locations andcircumstancesmostappropriateforplace- ment of wireless facilities to serve the community; 9. Consistent with applicable law, the city desires to minimize the adverse visual im- pacts of towers and antennas through care- ful siting, design, landscape screening and innovative camouflaging screening; 10. The city seeks to protect against potential health and safety hazards to citizens and prevent damage to adjacent properties; 11. The city intends to exercise its authority with respect to the regulation of the place- ment, construction and modification of wire- less facilities, to the fullest extent permitted by applicable law; 12. The city recognizes the need to respond to the policies in the Telecommunications Act of 1996 and has constructed its regulations in a manner that does not unreasonably discriminate between providers of function- ally equivalent personal wireless service nor prohibits or has the effect of prohibiting personal wireless service in the city; 13. The Federal Communication Commission exercises certain sole authority in the licens- ing and other regulation of wireless ser- vices which the city recognizes; 14. The adequate review of a telecommunica- tions application may require expertise not typically possessed by city staff which would require the city to obtain qualified outside expertise to properly evaluate an application; and 15. Outside review would generate additional costs to the public to preserve the public interest which costs must be mitigated and should properly be mitigated by those caus- ing such additional costs. C. General application. All uses listed in this article shall be subject to the specific standards described for each use, in addition to all other applicable standards which may apply, and are limited to those districts specified. The provisions of this article apply to development and modifica- tion of large scale wireless facilities, micro-scale wireless facilities, nonbroadcast telecommunication facilities and small scale wireless facilities. These and other terms are defined in article 42 of this chapter. 1. The provisions of this article only apply to facilities which meet the definition of a wireless facility or that are otherwise spe- cifically brought under the authority of this article. (Ord. No. 1645, § 18.54.010, 8-15-2005) § 38.29.010 BOZEMAN MUNICIPAL CODE CD38:232PROOFS Sec. 38.29.020. Special submittal requirements. In addition to the materials required by article 41 of this chapter for site plans, conditional use per- mits, and planned unit developments, the materials required by section 38.41.170 shall be submitted. (Ord. No. 1645, § 18.54.020, 8-15-2005) Sec. 38.29.030. Uses within districts and re- quired review procedures. A. Purpose. The purpose of this section is to describe the procedures under which certain uses may be permitted as principal or conditional uses in specific districts. Unless specifically exempted by this article, all other standards and procedures of this chapter shall apply. 1. The Montana Subdivision and Platting Act ( MCA 76-3-101 et seq.) requires subdivi- sion review when land interests are created by rent or lease. Depending on how the ownership and use of land for a facility subject to this article is established, subdi- vision review may be required in addition to site plan review. B. No wireless facility may be permitted except in accordance with the development review pro- cesses indicated in Table 38.29.030 in subsection B.1 of this section, based on the applicable zoning district and scope of the proposed facility. Principal uses are indicated with a "P", conditional uses are indicated with a "C", accessory uses are indicated with an "A", planned unit development is indicated with a "PUD", and uses which are not permitted with the district are indicated by a "-". All applica- tions are subject to the review processes, submittal requirements and other requirements of articles 19, 20 and 41 of this chapter as may be applicable. 1. Review procedures. ______________________________________________________________________________________ Table 38.29.030 Zoning District Large scale Small scale Micro scale Nonbroadcast PLI P P A P M-2 P P A P M-1 P P A P B-P C P/C1 A P B-3 C P/C1 A P B-2 C P/C1 A P B-1 C P/C1 A P 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 PUD C P - R-S PUD C P C 1Conditional use review is required when the proposed facility exceeds the height limitation of the district. ______________________________________________________________________________________ 2. Collocation upon a previously approved wireless facility, when such additional fa- cilities were contemplated as part of the original review, shall be reviewed as a sketch plan in all zones. § 38.29.030UNIFIED DEVELOPMENT CODE CD38:233PROOFS 3. A wireless facility may be permitted as an accessory use in any nonresidential district when: a. It is for the exclusive use of a single on-site business when the business has otherwise been approved under article 19 or 20 of this chapter, rather than offered to additional parties; b. It is in compliance with the maximum building height limitations of the zon- ing district; c. Complies with all setback and other zoning requirements; and d. Has eight or less square feet of total antenna surface area. 4. Installations located within the neighbor- hood conservation overlay or entryway cor- ridor overlay districts shall be reviewed against the criteria of articles 16 and 17 of this chapter as applicable and shall require a certificate of appropriateness before issu- ance of a building permit. 5. Prior to submitting an application for a large scale or small scale wireless facility, the applicant must request in writing a preapplication conference with the plan- ning department. The purpose of the preap- plication conference is to acquaint the par- ticipants with the applicable requirements of this article, as well as any preliminary concerns of the department. 6. The applicant's written request for a preap- plication conference must include the fol- lowing information with regard to the pro- posed facility: a. Location; b. Overall height; c. Number of antennas proposed, includ- ing those of other providers to be collocated; d. Type of wireless communication ser- vices to be provided; and e. Coordinationofgroundequipmentshel- ters. 7. Adequate review of applications may re- quire the city to retain consultants or other third party assistance to review an applica- tion. In such event the applicant shall reim- burse the city for the actual costs incurred prior to issuance of a building permit. 8. The provisions of article 32 of this chapter shall apply for all nonconforming facilities subject to this article. (Ord. No. 1645, § 18.54.030, 8-15-2005) Sec. 38.29.040. Standards. A.Safety.All wireless facilities subject to this article shall meet the following standards: 1. The structural design for all wireless facil- ities greater than ten feet in height or which have more than four square feet of total antenna area shall be certified by a profes- sional structural engineer licensed to prac- tice in the state. A building permit shall be obtained prior to the installation of any facility subject to this article. 2. All wireless facilities shall meet or exceed current standards and regulations of the FCC, FAA and any other agency with the authority to regulate wireless facilities. If such standards are changed, the owner shall modify the installation to comply with the new standards within six months of the effective date of the new standards or regulations unless a different implementa- tion schedule is required by the issuing agency. 3. Wireless facilities with a base located at grade shall be enclosed within a secure fence not less than six feet in height or the tower itself shall be equipped with an appropriate anti-climbing device. B.Aesthetics. 1.All wireless facilities. a. The provisions of this section 38.29.040.B may be waived by the § 38.29.030 BOZEMAN MUNICIPAL CODE CD38:234PROOFS approval body as determined by arti- cle 19 of this chapter where it has been demonstrated that the waiver will result in superior compliance with the intent and purposes of this chapter. b. All installations shall be as visually unobtrusive as is feasible. Facilities and equipment mounted on existing structures shall be visually incorpo- rated into the structure or background by the use of architectural elements, color, screening or other methods. c. No lighted signage is permitted. d. All structures shall be constructed in conformance with the standards of the city's adopted International Building Code. e. Visual screening of ground mounted equipment shall be provided in all residential areas and where a facility is located within a nonresidential area which is visible, from a viewpoint five feet above grade, from a residen- tial area. Screening shall provide an opaque screen within 18 months of establishment and be a minimum of four feet in height. The screening may be of landscape materials or a fence which otherwise complies with this chapter. The site shall comply with the landscaping provisions of article 26 of this chapter. f. Exterior facade materials and the char- acter of equipment shelters used in residential areas shall be of materials commonly used in the immediate area. The architectural design of the exte- rior of the shelter shall be compatible with surrounding residential struc- tures. The intent of the requirements of this subsection B.1.f may be met by providing opaque fencing or other visual screening compatible with the neighborhood, in compliance with all other sections of this chapter, which will obscure the entire equipment shel- ter. The screening shall be in place prior to the commencement of opera- tions of the facility. 2.Preferences.In order to justify the construc- tion of a wireless structure, the applicant must demonstrate that higher ranking alter- natives in the following hierarchy, begin- ning with subsection 2.a.(1) of this section, do not constitute feasible alternatives. The order of preference, from most preferred to least preferred and based on technical fea- sibility, for new wireless facilities is: a. Facility size. (1) Micro-scale wireless facilities or collocationonexistinglargescale wireless facilities; (2) Small scale wireless facilities; (3) Large scale wireless facilities 50 feet or less in height; and (4) Large scale wireless facilities in excess of 50 feet in height. b. A facility meeting the definition of stealth, as defined in article 42 of this chapter, is always preferred over a facility of the same scope which does not meet the definition of stealth. Stealth facilities may be required in historic districts and other circum- stances. c. As appropriate, the following evi- dence may also be submitted to dem- onstrate compliance with this section: (1) That no existing wireless com- munications facility within the search area meets the applicant's radio frequency engineering or height requirements; (2) Thatnostructurewithinthesearch area has sufficient structural strength to support the appli- cant's proposed antennas; or § 38.29.040UNIFIED DEVELOPMENT CODE CD38:235PROOFS (3) That there are other verifiable limiting factors that render col- located or other more preferred options unsuitable or unreason- able. d. Self-supporting lattice or guyed struc- turesaregenerallypreferredovermono- poles. 3.Special standards.The following special standardsapplyasshowninTable38.29.040: a. Stealth installation is required; b. Wireless facilities are exempt from the height limitations of section 38.21.060, but are subject to the height limitations of section 38.29.040; c. The height limitation of the district may be exceeded by the least amount necessary to provide services but only when service may not otherwise be provided by a less intensive facility or an alternative site; and d. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. ______________________________________________________________________________________ Table 38.29.040 Zoning District Large-scale Small-scale Micro-scale Nonbroadcast PLI b b b - M-2 b b b - M-1 b b b - B-P c a,c b - B-3 c a,c b - B-2 c a,c b - B-1 c a,c b - R-O d a,c a,b - R-4 d a,c a,b - R-3 d a,c a,b - R-2 d a,c a,b - R-1 d a,c a,b - R-S d a,c a,b - 4.Stealth. a. Installations located within the conser- vation overlay district shall be stealth facilities. b. A stealth wireless facility may exceed the height limitations of the district by ten feet. 5.Small scale wireless facilities.All small scale wireless facilities established in the neighborhood conservation or entryway cor- ridor overlay districts shall be installed in such a way as to maintain the historic or architectural character of the host site. All sites shall maintain the least possible visual obtrusiveness. 6.Large scale wireless facilities.No large scale wireless facility will be permitted unless the applicant demonstrates that the proposed facility can not be accommodated on an existing structure or by placement of a smaller facility. In order to justify the construction of a large-scale wireless facil- § 38.29.040 BOZEMAN MUNICIPAL CODE CD38:236PROOFS ity, the applicant must demonstrate that higher ranking alternatives in the hierarchy, beginning with section 38.29.040.B.2.a.(1), do not constitute feasible alternatives. Such demonstration must be made by submission of a statement of position, qualifications and experience by a licensed radio fre- quency engineer and address the required findings of this section. a. If collocation is feasible, the owner of the large scale wireless facility shall certify in writing, prior to final permit approval, that the owner will accept for collocation any FCC-licensed or licensing exempt wireless communi- cation provider using compatible tech- nology at reasonable and customary rates and terms up to the structural capacity to accommodate additional antennas. Collocation may be denied based on verifiable and substantial expectations of interference from ad- ditional users. Later failure to comply with the requirements supporting col- location may result in the revocation of city approvals or other penalties provided by the municipal code as the requirements of the title will have been violated. b. The city shall find the proposed guar- antee, assurances or provisions for the perpetual maintenance and for re- moval of an abandoned large scale wireless facility to be adequate. c. Alarge scale wireless facility shall not either: (1) Exceed 190 feet in height; or (2) When located east of the align- ment of Church Avenue/Sour- dough Road and west of the extended alignment of Bozeman Trail Road/Arnica Drive; (a) Exceed 100 feet in height when its base elevation is greater than 4,800; (b) Exceed 40 feet in height when its base elevation is above 4,850 elevation; (c) Notwithstanding the provi- sions of subsections B.6.c.(2)(a) and (b) of this section, these restrictions shall not apply for those areas lying east of the ex- tended alignment of Boze- man Trail Road/Arnica Drive and south of Inter- state 90. d. Where multiple service providers will be utilizing the same ground area and/or support structure, a single struc- ture shall be provided to house all ground based equipment. e. Special setbacks for large scale wire- less facilities shall be provided and/or a design for internal structural col- lapse to avoid damage or injury to adjoining property or users shall be provided. (1) Residential district setbacks for a large scale wireless facility shall be 100 percent of facility height which may be reduced to no less than 50 percent upon the provision and approval of an engineered design, stamped by a professional structural engineer licensed to practice in the state, establishing a smaller collapse area. (2) A large scale wireless facility in nonresidential zones shall pro- vide a minimum setback from the property lines of 75 percent of facility height which may be reduced to no less than 30 per- cent of facility height upon the provision and approval of an engineered design, stamped by a professional structural engineer § 38.29.040UNIFIED DEVELOPMENT CODE CD38:237PROOFS licensed to practice in the state, establishing a smaller collapse area. Large scale wireless facili- ties located within nonresiden- tial zones, but adjacent to a res- idential zone or residentially developed areas, shall maintain a minimum setback from resi- dential zoning or property bound- aries of at least 50 percent of facility height. All installations shall maintain the minimum zon- ing district setbacks including specialsetbacksforentrywaycor- ridors. f. New large scale wireless facilities greater than 50 feet in height shall be designed in all respects to accommo- date both the applicant's antennas and antennas for at least two other addi- tional users. A new large scale wire- less facility may meet this require- ment by correctly sizing the foundation and other structural elements to allow the future addition of height to the structure to accommodate additional users rather than immediately con- structing the entire large scale wire- less facility. This requirement may be waived by the governing body upon a showing of fact to overcome the pre- sumption that multiple transmitters are desirable on the proposed facility. g. All large scale wireless facilities 50 feet or greater in height, regardless of the zoning district in which the struc- ture is located, shall be located at least one mile, measured in a straight line, from any other large scale wireless facility that is 50 feet or greater in height. An exception to this require- ment may be granted by the approval body when it is found and factually supported in the written record that the criteria of subsection B.6.i of this section are met and a critical need exists for the proposed location, or that a closer placement is desirable to advance the intent of this article and chapter. h. A large scale wireless facility greater than 50 feet in height shall only be approved when the applicant can dem- onstrate in writing that no existing or approved micro-scale, small scale or large scale wireless facility within the required separation distance of the proposed site can accommodate the applicant's proposed antenna. i. In addition to the other review criteria of this chapter, affirmative findings for at least one of the following items must be made in order for the condi- tions necessary for approval to exist: (1) No existing or proposed struc- tures adequate to support the proposed antennas are located within the geographic area are required to meet the applicant's engineering and service require- ments; (2) Existing or approved structures are not of sufficient height to meet the applicant's engineering and service requirements and a combination of smaller scale fa- cilities will not provide for ade- quate service delivery; (3) Existing or approved structures do not have sufficient structural strength to support the appli- cant's proposed antenna and re- lated equipment and can not be reinforced to provide sufficient structural strength; (4) The applicant's proposed anten- nas would cause electromag- netic interference with the an- tenna on the existing or approved antenna support structures, or the § 38.29.040 BOZEMAN MUNICIPAL CODE CD38:238PROOFS antenna on the existing or ap- proved antenna support struc- tures would cause interference with the applicant's proposed an- tenna; (5) Property owners or owners of existing or approved wireless fa- cilities or locations for smaller scale installations are unwilling to accommodate the applicant's needs; or (6) The applicant demonstrates that there are other factual and veri- fiable limiting factors that ren- der existing or approved wire- less facilities unsuitable. j. Height and number of users. A large scale wireless facility may be re- viewed as a multiple phase project and be constructed over time as pro- vided for in section 38.29.040.B. Prior to the approval of a final site plan, or a building permit if it be a latter phase of a phased project, an applicant shall provide: (1) For the first 70 feet of tower height, for an applicant who is not themselves a wireless ser- vice provider, a copy of an exe- cuted lease from a wireless ser- vice provider of not less than 12 months duration; (2) For a height of greater than 70 feet and not more than 110 feet of structure height, one addi- tional executed lease; (3) For a height greater than 110 feet, one additional executed lease; (4) Leases may be redacted to re- move proprietary information but shall identify the parties. 7.Nonbroadcast.A nonbroadcast telecommu- nication facility located within an entryway overlay district, the neighborhood conser- vation overlay district or a residential zon- ing district shall be enclosed within a struc- ture. The structure shall be of materials and architectural character which are compati- ble with the adjacent properties. The facil- ity shall comply with all applicable side, front and rear yard setbacks. C.Administrative. 1. An inventory of existing sites utilized by the applicant shall be provided. The inven- tory shall note the feasibility of accommo- dating other users. The city may share this information with other applicants or inter- ested parties to encourage collocation. 2. The public land and agencies exemption from full compliance with zoning in MCA 76-2-402 does not apply to private entities utilizing publicly owned lands. 3. Any antennas or antenna support structures that are not utilized for the provision of wireless services for a continuous period of six months shall be considered abandoned. All facilities shall be removed within six months of the cessation of operations. If a facility is not removed within six months the city shall remove the facility at the facility or landowner's expense.Where mul- tipleusersshareafacility,thenonoperational antennas and associated ground-mounted equipment shall be removed but any com- mon equipment may be retained until all users have terminated the utilization of the site. 4. Any emergency power supply or other equipment installed at the facility must comply with section 38.21.070.H. 5. No facilities may be established in residen- tial areas which require employees to be present on a routine basis, with the excep- tion of periodic maintenance activities, un- less the zone allows offices as a permitted or conditional use and appropriate review has been completed. § 38.29.040UNIFIED DEVELOPMENT CODE CD38:239PROOFS 6. Failure to comply with the terms of this chapter shall be grounds for facilities to be removed by action of the city at the facility or landowner's expense. 7. Any modifications to existing wireless sites may only occur in compliance with the review procedures required in section 38.29.030. 8. Denial of an application shall be made only after the review body has determined that specific criteria of this chapter can not be met. Said determination shall be made in writing and shall include the reasons for the denial and the evidence which supports those reasons. Public opposition alone is not sufficient to deny the application. (Ord. No. 1645, § 18.54.040, 8-15-2005) ARTICLE 30. WETLAND REGULATIONS Sec. 38.30.010. Title and applicability. These regulations shall be known as the city wetland regulations and may be cited as the wet- lands regulations. These wetland regulations shall govern areas in compliance with the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual of the U.S (1987 Corps Manual), or the most current wetland delineation manual sanctioned by the Army Corps of Engineers (ACOE)-Omaha District. This manual provides specific guidelines and methods to identify whether an area is a wetland and to determine the boundary between wetlands and uplands. The city's wetland regula- tions will pertain to wetlands with a direct hydro- logic connection to "waters of the U.S." (those wetlands that connect to a federally-regulated stream or river directly or via a series or watercourse, wetlands or ditches), and also to isolated wetlands with no direct connection to a water of the U.S. and exhibit positive wetland indicators for all three wetland parameters. The provisions contained in these regulations do not apply to wetlands created by a wholly manmade water source used for irriga- tion purposes or stormwater control. (Ord. No. 1645, § 18.56.010, 8-15-2005; Ord. No. 1693, § 19(18.56.010), 2-20-2007; Ord. No. 1761, exh. K(18.56.010), 7-6-2009) Sec. 38.30.020. Intent and purpose. A. Wetlands perform many important ecological functions. It is the intent and purpose of this article to protect, preserve and enhance wetlands to pro- vide the following functions: 1. Aquifer recharge; 2. Water storage; 3. Regional stream hydrology (discharge and recharge); 4. Flood control and storage; 5. Sediment control (filter for waste); 6. Nutrient removal from urban runoff; and 7. Erosion control. B. Wetlands provide important values that en- hance the quality of life of community residents. It is the intent of this article to protect, preserve and enhance wetlands to provide the following values: 1. Habitat for fish, wildlife and plants (includ- ing endangered and threatened); 2. Recreation; 3. Open space; 4. Visual and aesthetic; 5. Education and research; and 6. Historical, cultural and archaeological re- sources. C. Wetlands can present significant constraints to development. Wetlands typically form in areas characterized by poor drainage conditions which are ill-suited for most types of development. Devel- opment in these areas often involves extra expense resulting from considerations for site drainage, flood protection and facility maintenance. In addi- tion, wetlands are characterized by hydric soils that are unstable for most types of development. Hydric soils tend to compress under the weight of struc- tures and decompose when drained. Therefore, costs of development may be greater due to com- plex engineering design requirements, or the need to excavate and replace the soils. It is the intent of these regulations to protect public and private § 38.29.040 BOZEMAN MUNICIPAL CODE CD38:240PROOFS facilities and structures from damage, and to mini- mize public and private development and mainte- nance costs. D. It is not the intent of this article to prohibit all activities within regulated areas and associated buffers, but rather to encourage the avoidance of regulated activities within the regulated areas and to require best management practices in regulated areas. E. Nothing in this article shall be construed to prevent irrigation companies from diverting and carrying water under historic water rights or owners of such rights from exercising those historic rights. F. Nothing in this article shall be construed to prevent compliance with applicable state or federal statutes and regulations. (Ord. No. 1645, § 18.56.020, 8-15-2005; Ord. No. 1693, § 19(18.56.020), 2-20-2007; Ord. No. 1761, exh. K(18.56.020), 7-6-2009) Sec. 38.30.030. Application of wetland regula- tions. A. These regulations shall apply to any regu- lated activity which may impact wetlands as de- fined in section 38.42.3240 known prior to or discovered through the development review pro- cess, and verified through a site-specific wetlands boundary determination. When any regulated activ- ity is proposed a wetlands boundary determination shall be conducted. If the determination finds that there are no wetlands present on the subject tract, these regulations shall not apply. If, however, wet- lands are found on the subject tract the proposal shall be subject to these regulations. The provisions of this article shall be applied in addition to any other applicable regulations of this chapter. 1. The wetlands boundary determination shall be prepared in accordance with the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual of the U.S (1987 Corps Manual), or the most current wetland delin- eation manual sanctioned by the Army Corps of Engineers (ACOE)-Omaha Dis- trict by a qualified wetland professional. 2. A qualified wetland professional is an indi- vidual with a minimum of a bachelor's degree in a water resource related field, five years experience, and/or a professional wet- land scientist certification. B. Isolated wetlands with a size of less than 400 square feet, regardless of property boundaries, are exempt from this article unless the wetland provides habitat for the following species: 1. Plant, animal or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service; and/or 2. Plant, animal or other wildlife species listed as a species of concern, species of potential concern, or species on review by the state department of fish, wildlife and parks and the state natural heritage program. C. Any development for which the watercourse setback requirements of section 38.23.100 are pro- vided is considered to have addressed the concerns of this article and is exempt from this article. D. This article is not intended to repeal, abro- gate, supersede or impair any existing federal, state, or local law, easement, covenant or deed restriction. However, if this article imposes greater or more stringent restrictions, the provisions of this article shall prevail. Specifically, if a regulated activity pursuant to this article also requires authorization under section 404 of the Clean Water Act from the U.S. Army Corps of Engineers, the applicant shall meet any greater or more stringent restrictions set forth in this article in addition to and independent of the restrictions of such permit. (Ord. No. 1645, § 18.56.030, 8-15-2005; Ord. No. 1693, § 19(18.56.030), 2-20-2007; Ord. No. 1761, exh. K(18.56.030), 7-6-2009) Sec. 38.30.040. Wetlands review board powers and duties. A. In addition to the duties established by article 33 of this chapter, the WRB shall have the follow- ing powers and duties: 1. Review wetland delineation boundaries and functional assessments for wetlands that may be impacted by regulated activities; § 38.30.040UNIFIED DEVELOPMENT CODE CD38:241PROOFS 2. Based on wetland functional assessments and other submittal materials, make recom- mendations to the planning director, board of adjustment (BOA), or city commission to allow or disallow the regulated activity; 3. Recommend to the planning director, BOA, or city commission appropriate wetland buffer widths based on the wetland delin- eation, functional assessment, and other submittal materials; 4. Recommend to the planning director, BOA, or city commission additional conditions on regulated activities that are reasonably nec- essary to carry out the purpose and intent of this article; 5. Provide recommendations to applicants re- garding alternatives to design of develop- ments that minimize impacts to wetlands and other aquatic resources; and 6. Testify as needed before all boards, com- missions and agencies on any matter affect- ing wetlands. (Ord. No. 1645, § 18.56.040, 8-15-2005; Ord. No. 1693, § 19(18.56.040), 2-20-2007; Ord. No. 1761, exh. K(18.56.040), 7-6-2009) Sec. 38.30.050. Wetlands mapping. A. The Bozeman Area Wetlands Map shall be adopted by resolution and shall, in addition to the submittal materials of section 38.41.130, be used to implement this article. B. The Bozeman Area Wetlands Map may be amended by resolution by means of the perfor- mance of a wetland boundary determination. Wet- land boundary determinations shall be performed in accordance with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (January 1987). 1. A CD-ROM containing the wetland bound- ary determination and raw survey data (if applicable) shall be provided for use in amending the BozemanArea Wetland Map. The data shall be reported in UTM Zone 12 coordinates and NAD83 datum. C. Prior to annexation, wetland boundary deter- minations and functional assessments shall be pre- pared for all wetlands on the property to be an- nexed. (Ord. No. 1645, § 18.56.050, 8-15-2005; Ord. No. 1693, § 19(18.56.050), 2-20-2007; Ord. No. 1761, exh. K(18.56.050), 7-6-2009) Sec. 38.30.060. Regulated activities. A. No person shall conduct any of the following regulated activities within a regulated wetland area, as described in section 38.30.030, without first having the proposed activity reviewed by the WRB and approved by the planning director, BOA, or city commission as appropriate. Any activity in a regu- lated area which reduces the size of a wetland or reduces the degree to which a wetland performs any function is subject to the requirements of this article, including but not limited to: 1. Placement of any material, including with- out limitation any soil, sand, gravel, min- eral, aggregate, organic material or water; 2. Construction, installation or placement of any obstruction or the erection of a build- ing, trail, boardwalk or other structure; 3. Removal, excavation or dredging of solid material of any kind, including without limitation any soil, sand, gravel, mineral, aggregate or organic material; 4. Removal of any existing vegetation or any activity which will cause any loss of vege- tation in a wetland; 5. Alteration of the water level or water table by any means, including without limitation draining, ditching, trenching, impounding or pumping; and 6. Disturbance of existing surface drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics § 38.30.040 BOZEMAN MUNICIPAL CODE CD38:242PROOFS by any means, including without limitation grading and alteration of existing topogra- phy. B. The following activities are permissible in a wetland area, without review by the WRB and approval by the city, if the activities do not reduce the size of a wetland or significantly reduce the degree to which a wetland performs any function and in compliance with any other applicable state or federal law: 1. Maintenance of an existing and lawful pub- lic or private road, structure or facility, including but not limited to drainage facil- ities, water conveyance structures, dams, fences or trails, or any facility used to provide transportation, electric, gas, water, telephone, telecommunications or other ser- vices provided that these activities do not materially change or enlarge any road, struc- ture or facility; 2. Maintenance of an existing farm or stock pond, irrigation ditch, agricultural fence or drainage system; 3. Weed control consistent with a Noxious Weed Management and Revegetation Plan approved by the county weed control dis- trict; 4. Continuation of existing agricultural prac- tices such as the cultivation and harvesting of hay or pasturing of livestock, or change of agricultural practices which has no greater impact on wetland function; 5. Conservation or preservation of soil, water, vegetation, fish and other wildlife; 6. Outdoor recreational activities, such as fish- ing, bird watching, hiking, rafting and swim- ming which do not harm or disturb the wetland; 7. The harvesting of wild crops; 8. Education and scientific research; 9. Minor improvements and landscape main- tenance within a required wetland buffer but outside the boundaries of a delineated wetland, including but not limited to the pruning of trees, mowing of grass, and removal of dead vegetation and debris; and 10. Activities in a wetland set forth in section 38.30.090, including but not limited to removal of debris and maintenance of veg- etation and wildlife habitat. (Ord. No. 1645, § 18.56.060, 8-15-2005; Ord. No. 1693, § 19(18.56.060), 2-20-2007; Ord. No. 1761, exh. K(18.56.060), 7-6-2009) Sec. 38.30.070. Application requirements and procedures for regulated activi- ties in regulated wetland areas. A.Review.All proposals for regulated activities in regulated wetland areas shall be reviewed by the WRB. The applicant shall prepare a functional assessment for all reviewed regulated wetland ar- eas. Based on the prepared functional assessment and other submittal materials, the WRB shall for- ward a recommendation of approval, conditional approval or denial to the planning director or city commission. B.Approval.All proposals for regulated activi- ties in regulated wetland areas shall be reviewed and approved, conditionally approved, or denied by the city in accordance with articles 3, 4, 19 and 20 of this chapter prior to commencement of the regulated activity. 1. If a regulated activity is proposed for a regulated wetland area, but the regulated activity is not proposed in conjunction with a land development proposal, the applicant shall submit a sketch plan application for review and recommendation by the WRB, and review and approval by the planning director. C.Submittal materials.The information re- quired in section 38.41.130 shall be submitted for all regulated activities proposed for regulated wet- land areas. § 38.30.070UNIFIED DEVELOPMENT CODE CD38:243PROOFS D.Noticing.The review of regulated activities proposed for regulated wetland areas shall comply with the noticing requirements of article 40 of this chapter. (Ord. No. 1645, § 18.56.070, 8-15-2005; Ord. No. 1693, § 19(18.56.070), 2-20-2007; Ord. No. 1761, exh. K(18.56.070), 7-6-2009) Sec. 38.30.080. Review standards. A. The city may approve, conditionally approve or deny a regulated activity in a regulated wetland area based on a recommendation from the WRB, and if: 1. The applicant has demonstrated that all adverse impacts on a wetland have been avoided; or 2. The applicant has demonstrated that any adverse impact on a wetland has been minimized; the activity will result in mini- mal impact or impairment to any wetland function and the activity will not result in an adverse modification of habitats for, or jeopardize the continued existence of, the following: a. Plant, animal or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service; and/or b. Plant, animal or other wildlife species listed as a species of concern, species of potential concern, or species on review by the state department of fish, wildlife and parks and the state natu- ral heritage program; or 3. The applicant has demonstrated that the project is in the public interest, having considered and documented: a. The extent of the public need for the proposed regulated activity; b. The functions and values as deter- mined by a state accepted method of functional assessment of the wetland that may be affected by the proposed regulated activity; c. The extent and permanence of the adverse effects of the regulated activ- ity on the wetland and any associated watercourse; d. The cumulative adverse effects of past activities on the wetland; and e. The uniqueness or scarcity of the wetland that may be affected. (Ord. No. 1645, § 18.56.080, 8-15-2005; Ord. No. 1693, § 19(18.56.080), 2-20-2007; Ord. No. 1761, exh. K(18.56.080), 7-6-2009) Sec. 38.30.090. Wetland permit conditions. A. The WRB may recommend conditions of approval for proposed regulated activities, and the city may conditionally approve proposed regulated activities, subject to the following conditions: 1. Requiring the provision of a wetland buffer of a size appropriate for the particular proposed activity and the particular regu- lated wetland area; 2. Requiring that structures be appropriately supported and elevated and otherwise pro- tected against natural hazards; 3. Modifying waste disposal and water supply facilities; 4. Requiring deed restrictions or covenants regarding the future use and subdivision of lands, including but not limited to the preservation of undeveloped areas as open space and restrictions on vegetation re- moval; 5. Restricting the use of an area, which may be greater than the regulated wetland area; 6. Requiring erosion control and stormwater management measures; 7. Clustering structures or development; § 38.30.070 BOZEMAN MUNICIPAL CODE CD38:244PROOFS 8. Restricting fill, deposit of soil and other activities which may be detrimental to a wetland; 9. Modifying the project design to ensure continued water supply to the regulated wetland; and 10. Requiring or restricting maintenance of a regulated wetland area for the purpose of maintaining wetland functions. 11. A yearly mitigation monitoring report to be submitted to the WRB on a yearly basis, with the due date to be determined on a case-by-case basis. 12. A deed restriction to be filed with the county clerk stating the measures that will be taken to protect all water resources, mitigation, and buffer areas in perpetuity. 13. That all reasonable effort has been made to limit indirect impacts to vegetation, faunal interspersion and connectivity, and hydro- logical connectivity in the site design (e.g., any structures, boardwalks, viewing plat- forms, or bridges, which are constructed within wetlands will have at least a two- foot space between the bottom chord of the structure and the wetland surface elevation to limit shading impacts and allow wetland vegetation to persist). 14. The WRB may recommend conditions to mitigate for locally-regulated (wetlands not connected to a water of the U.S.) infringe- ment upon watercourses, buffers, or nega- tive indirect or direct effects on the func- tionalityofwetlands,watercoursesorbuffers. (Ord. No. 1645, § 18.56.090, 8-15-2005; Ord. No. 1693, § 19(18.56.090), 2-20-2007; Ord. No. 1761, exh. K(18.56.090), 7-6-2009) Sec. 38.30.100. Appeals. Depending upon the application procedure in- volved, decisions related to the approval or denial of regulated activities proposed for regulated wet- land areas may be appealed in accordance with the provisions of article 35 of this chapter. (Ord. No. 1645, § 18.56.100, 8-15-2005; Ord. No. 1693, § 19(18.56.100), 2-20-2007; Ord. No. 1761, exh. K(18.56.100), 7-6-2009) Sec. 38.30.110. Enforcement. This article shall be enforced in accordance with the provisions contained in article 34 of this chapter. (Ord. No. 1645, § 18.56.110, 8-15-2005; Ord. No. 1693, § 19(18.56.110), 2-20-2007; Ord. No. 1761, exh. K(18.56.110), 7-6-2009) ARTICLE 31. FLOODPLAIN REGULATIONS* Sec. 38.31.010. Title. These regulations shall be known and cited as the city floodplain regulations. This article is in accor- dance with the authority of the laws of the state exercised by the city, and other authority as may be possessed by the city. (Ord. No. 1645, § 18.58.010, 8-15-2005; Ord. No. 1693, § 20(18.58.010), 2-20-2007) Sec. 38.31.020. Purpose. A. This chapter has established regulations to prohibit development within floodplains in order to protect public health and safety, safeguard water quality, provide for wildlife habitat and accomplish other public purposes. However, there are certain limited circumstances where development within the floodplain either currently exists or may be permitted from time to time to advance a public purpose. This article provides standards which must be met in order to promote the public health, safety and general welfare, to minimize flood losses in areas subject to flood hazards, and to promote wise *State law reference—Floodplain and floodway man- agement, MCA 76-5-101 et seq. § 38.31.020UNIFIED DEVELOPMENT CODE CD38:245PROOFS use of the floodplain when those limited circum- stances occur. This article has been established with the following purposes: 1. To guide development of the 100-year flood- plain within the city limits consistent with the enumerated findings by: a. Establishing zoning regulations coin- cident with and applicable to those areas at risk of flooding with special requirements and regulations to pro- tect the public welfare; b. Recognizing the right and need of watercoursestoperiodicallycarrymore than the normal flow of water; c. Participating in coordinated efforts of federal, state and local management activities for 100-year floodplains; d. Ensuring the regulations and mini- mum standards adopted, insofar as possible, balance the greatest public good with the least private injury; and e. Carry out the provisions of this article in a fashion consistent with the re- mainder of this chapter and the public policies set forth in the city's growth policy consistent with the authority of title 76, chapter 5, part 3 (MCA 76-5- 301 et seq.). 2. Specifically, it is the purpose of this article to: a. Restrict or prohibit uses that are dan- gerous to health, safety and property in times of flood, or that cause in- creased flood heights and velocities; b. Require that uses vulnerable to floods, including public facilities, be pro- vided with flood protection at the time of initial construction; c. Identify lands unsuitable for certain developmentpurposesbecauseofflood hazards; d. Minimize the need for rescue and relief efforts associated with flooding undertaken at the expense of the gen- eral public; e. Ensure that potential buyers are noti- fied that property is within a 100-year floodplain and subject to the provi- sions of these regulations; f. Ensure that those who occupy 100- year floodplains assume responsibility for their actions; and g. Protect water quality and persons and property located downstream. (Ord. No. 1645, § 18.58.020, 8-15-2005; Ord. No. 1693, § 20(18.58.020), 2-20-2007) Sec. 38.31.030. Jurisdictional area. This article shall apply to all lands within the boundaries of the city, shown on the official flood- plain maps, including any amendments or revisions, as being located within a 100-year floodplain dis- trict or that may otherwise be identified as lying within a 100-year floodplain through additional floodplain delineation, engineering analysis, topo- graphic survey, or other objective and factual basis. (Ord. No. 1645, § 18.58.030, 8-15-2005; Ord. No. 1693, § 20(18.58.030), 2-20-2007) Sec. 38.31.040. Floodplain regulation establish- ment and applicability. These floodplain regulations are hereby estab- lished and are applicable in all areas defined by the base flood elevations and 100-year floodplains as delineated in the flood insurance study, or other means specified in section 38.31.030. The basis for the flood insurance study is a scientific and engi- neering report entitled "The Flood Insurance Study for the City of Bozeman, Montana," dated July 15, 1988, with accompanying flood insurance rate maps and flood boundary/floodway maps. The official floodplain maps, together with the flood insurance study are on file in the office of the city floodplain administrator. The floodplain regulations are hereby § 38.31.020 BOZEMAN MUNICIPAL CODE CD38:246PROOFS established in all areas subject to flooding. Depic- tion on the official zoning map of the city is not required for this district. (Ord. No. 1645, § 18.58.040, 8-15-2005; Ord. No. 1693, § 20(18.58.040), 2-20-2007) Sec. 38.31.050. Abrogation and greater respon- sibility. It is not intended by this article to repeal, abrogate, or impair any existing easements, cove- nants, deed restrictions, or underlying zoning. How- ever, where this article imposes greater restrictions, the provisions of this article shall prevail. (Ord. No. 1645, § 18.58.050, 8-15-2005; Ord. No. 1693, § 20(18.58.050), 2-20-2007) Sec. 38.31.060. Floodplain administrator. The city floodplain administrator has been des- ignated to be the city engineer. The responsibilities of this position are outlined in section 38.31.130. (Ord. No. 1645, § 18.58.060, 8-15-2005; Ord. No. 1693, § 20(18.58.060), 2-20-2007) Sec. 38.31.070. Regulation interpretation. The interpretation and application of the provi- sions of these regulations shall be considered min- imum requirements and liberally construed in favor of the governing body and not deemed a limitation or repeal of any other powers granted by state statute or self-government status. (Ord. No. 1645, § 18.58.070, 8-15-2005; Ord. No. 1693, § 20(18.58.070), 2-20-2007) Sec. 38.31.080. Compliance with regulations. No structure or land use shall be located, ex- tended, converted or structurally altered without full compliance with the provisions of this chapter, these specific regulations, and other applicable regulations. These regulations meet or exceed the minimum floodplain development requirements as set forth by the state department of natural re- sources and conservation and the National Flood Insurance Program. (Ord. No. 1645, § 18.58.080, 8-15-2005; Ord. No. 1693, § 20(18.58.080), 2-20-2007) Sec. 38.31.090. Flood hazard evaluation. A.General.Land subject to being flooded by a flood of 100-year frequency as defined by title 76, chapter 5, Montana Code Annotated (MCA 76-5- 101 et seq.), or land deemed to be subject to flooding by the city, shall not be subdivided or developed for building or residential purposes, or other uses that may increase or aggravate flood hazards to life, health or welfare, or that may be prohibited by state or local floodplain or floodway regulations. B.Requirement for study. 1. If any portion of a proposed subdivision or other development is: a. Within 1,000 horizontal feet and less than ten vertical feet of a watercourse draining an area of 25 square miles or more; and b. No official floodplain or floodway delineation study of the watercourse has been made; then c. The subdivider or other developer shall provide a floodplain analysis report establishing the calculated 100-year frequency water surface elevations and 100-year floodplain boundaries. The analysis and report shall be prepared by a licensed professional engineer qualified in this field of work. 2. If any portion of a proposed subdivision or other development is: a. Within 1,000 horizontal feet and less than ten vertical feet of a watercourse draining an area less than 25 square miles; and b. No official floodplain or floodway delineation study of the watercourse has been made; then c. Thesubdividerorotherdevelopershall: (1) Demonstrate to the satisfaction of the city engineering depart- § 38.31.090UNIFIED DEVELOPMENT CODE CD38:247PROOFS ment that the 100-year peak run- off of the watercourse will not affect the subdivision; or (2) Delineate the existing and pro- posed 100-year flood limits of thestreamorstreamswithin1,000 feet of the proposed subdivision and specify any mitigation that may be required to protect the proposed subdivision and adja- cent properties from potential flooding and erosion damage due to any proposed changes within the delineated flood limits. d. The developer's professional engineer, licensed in the state, shall provide written certification to the city that the mapped flood locations and proposed mitigation shall protect against dam- age by the 100-year flood. 3. Submission of report. The report shall be submitted at the time of preliminary plat or plan application. The report may be submit- ted, upon the request of the city commis- sion or development review committee, to the floodplain management section, water resources division, state department of nat- ural resources and conservation, for review and concurrence. 4. Contents of report. The required report shall include the following information: a. Certification. Certification of the re- port by a registered professional engi- neer. b. Overall plan view. An overall scaled plan view (project map) with identi- fied scale for vertical and horizontal distance showing the following: (1) Watercourse; (2) Floodplain boundaries; (3) Location of property; (4) Contours; (5) Cross sections; (6) Bridges or other constrictions in the floodplain; and (7) USGS gauging stations (if any). c. Benchmark. The location and eleva- tion of a temporary benchmark estab- lished within the subdivision and ref- erenced to mean sea level with appropriate elevation adjustment. d. Cross sectional information. (1) Cross sections shall follow the applicable guidelines established by the state department of natu- ral resource conservation. If ap- plicable guidelines are not avail- able, cross section information shall be as follows: (a) Crosssectionelevationsand stations should be deter- mined at points represent- ing significant breaks in groundslopeandatchanges in the hydraulic character- istics of the floodplain (e.g., points where ground cover, soil or rock conditions change). Elevations must be reported in NAVD88 or NGVD29 datum. (b) Each cross section shall cross the entire floodplain. The cross section align- ment should be perpendic- ular to the general flow of the watercourse, the slope of the channel and the hy- drauliccharacteristicsofthe reach. A minimum of four cross sections are required over the entire reach with at least two cross sections at the property where the elevations are desired. Ad- ditional cross sections must be taken at bridges, control structures or natural con- strictions in topography. § 38.31.090 BOZEMAN MUNICIPAL CODE CD38:248PROOFS (2) Photogrammetric methods may be used in lieu of cross sections whenever appropriate and when reviewed and approved by the city engineer. e. Bridges. Descriptions and sketches of all bridges within the reach, showing unobstructed waterway openings and elevations. f. Water surface. Elevations of the water surface determined by survey as part of each valley cross section. g. Supporting documentation. Engineer- ing report of computer computations, calculations and assumptions that may include: (1) Hydrology (research of pub- lished hydrology or calculations showing how hydrology was de- rived); (2) Input files (hard copy and on diskette or CD-ROM); and (3) Output files (hard copy and on diskettes or CD-ROM). C.Waiver of requirement.The city engineer may waive this requirement where the subdivider con- tacts the water resources division, state department of natural resources and conservation, and that agency states in writing that the data indicate that the proposed subdivision is not in the flood hazard area as defined in this article. (Ord. No. 1645, § 18.58.090, 8-15-2005; Ord. No. 1693, § 20(18.58.090), 2-20-2007) Sec. 38.31.100. Rules forinterpretation of flood- plain district boundaries. The boundaries of the 100-year floodway shall be determined by scaling distances on the official floodplain maps and using the floodway data table contained in the flood insurance study report. The maps may be used as a guide for determining the 100-year floodplain boundary, but the exact loca- tion of the floodplain boundary shall be determined where the base flood elevation intersects the natural ground. The floodplain administrator may require an on-site survey and staking of the floodplain boundary prior to issuance of any permit or any development undertaken following issuance of a permit. (Ord. No. 1645, § 18.58.100, 8-15-2005; Ord. No. 1693, § 20(18.58.100), 2-20-2007) Sec. 38.31.110. Warning and disclaimer of lia- bility. This article does not imply that areas outside the delineated floodplain boundaries or permitted land uses will always be totally free from flooding or flood damages. These regulations shall not create a liability or cause of action against the city or any officer or employee thereof for flood damages that may result from reliance upon these regulations. (Ord. No. 1645, § 18.58.110, 8-15-2005; Ord. No. 1693, § 20(18.58.110), 2-20-2007) Sec. 38.31.120. Disclosure provision. All owners of property in an identified 100-year floodplain as indicated on the official floodplain maps must notify potential buyers or their agents that such property is subject to the provisions of this article. (Ord. No. 1645, § 18.58.120, 8-15-2005; Ord. No. 1693, § 20(18.58.120), 2-20-2007) Sec. 38.31.130. Administration of regulations. A. As provided in section 38.31.060, the city floodplain administrator has been designated by the city commission, and has the responsibility of such position as outlined in this article. B. Section 38.23.100 has established a public policy to avoid development within floodplains, along with certain exceptions. The administration of these regulations shall be done in a fashion consis- tent with both the letter and spirit of that section. C. The city floodplain administrator is appointed with the authority to review floodplain development permit applications, proposed uses and construction to determine compliance with these regulations. The city floodplain administrator is required to § 38.31.130UNIFIED DEVELOPMENT CODE CD38:249PROOFS ensure all necessary permits have been received from those governmental agencies from which ap- proval is required by federal and state law and local codes, including section 404 of the Federal Water Pollution Control Act of 1972, 33 USC 1334, and under the provisions of the Natural Streambed and Land Preservation Act. 1. Additional factors. Floodplain development permits shall be granted or denied by the city floodplain administrator on the basis of whether the proposed establishment, alter- ation or substantial improvement of an artificial obstruction meets the require- ments of this article and other requirements of this chapter. Additional factors that shall be considered for every permit application are: a. The danger to life and property due to increased flood heights, increased floodwater velocities or alterations in the pattern of flood flow caused by encroachments; b. The danger that materials may be swept onto other lands or downstream to the injury of others; c. The proposed water supply and sani- tation systems and the ability of these systems to prevent disease, contami- nation and unsanitary conditions; d. The susceptibility of the proposed fa- cility and its contents to flood damage and the effects of such damage on the individual owner; e. The importance of the services pro- vided by the facility to the commu- nity; f. The requirement of the facility for a waterfront location; g. The availability of alternative loca- tions not subject to flooding for the proposed use; h. The compatibility of the proposed use with existing development and antic- ipated development in the foreseeable future; i. The relationship of the proposed use to the growth policy and floodplain management program for the area; j. The safety of access to property in times of flooding or for ordinary and emergency services; and k. Such other factors as are in harmony with the purposes of this chapter, these regulations, the Montana Flood- plain and Floodway Management Act and the National Flood Insurance Pro- gram. D. A floodplain development permit application is considered to have been automatically granted 60 days shall be reviewed and acted upon within 180 working days after the date of receipt of the complete application by the city floodplain admin- istrator. Unless the applicant has been notified that the permit is denied, conditionally approved or If additional information pertinent to the permit re- view process is required the time for review shall stop and restart with submittal of the additional information. A floodplain permit shall not act as a waiver or variance from the other requirements of this chapter. E. The city floodplain administrator shall adopt such administrative procedures as may be necessary to efficiently administer the provision of these regulations. F. The city floodplain administrator shall main- tain such files and records as may be necessary to document nonconforming uses, base flood eleva- tions, floodproofing and elevation certifications, fee receipts, the issuance of permits, agenda, minutes, records of public meetings, and any other matters related to floodplain management in the city. Such files and records shall be open for public inspection. In matters of litigation, the city attorney may restrict access to specific records. § 38.31.130 BOZEMAN MUNICIPAL CODE CD38:250PROOFS G. The city floodplain administrator may require whatever additional information is necessary to determine whether the proposed activity meets the requirements of these regulations. Additional infor- mation may include hydraulic calculations assess- ing the impact on base flood elevations or veloci- ties, level survey or certification by a registered land surveyor, professional engineer or licensed architect that the requirements of these regulations are satisfied. H. Upon receipt of an application for a permit or a variance, the city floodplain administrator shall prepare a notice according to the requirements of article 40 of this chapter. I. Copies of all permits granted must be sent to the state department of natural resources and con- servation in Helena, Montana. 1. In riverine situations, notifications by the city floodplain administrator must be made to adjacent communities, the floodplain management section (DNRC) and FEMA prior to any alteration or relocation of a stream. The flood-carrying capacity within the altered or relocated portion of any stream must be maintained. Erosion control measures shall be incorporated to ensure stability of altered channels and stream banks. (Ord. No. 1645, § 18.58.130, 8-15-2005; Ord. No. 1693, § 20(18.58.130), 2-20-2007; Ord. No. 1769, § 11, 12-28-2009) Sec. 38.31.140. Permit applications. A. Activities or uses that require the issuance of a permit, including the expansion or alteration of such uses, shall not be initiated, established or undertaken until a permit has been issued by the city floodplain administrator. B. Permit applicants shall be required to furnish the following information as deemed necessary by the city Floodplain Administrator for determining the suitability of the particular site for the proposed use: 1. Three sets of plans drawn to scale (includ- ing dimensions) showing the nature, loca- tion and elevation of the lot; existing and proposed structure locations; fill, storage or materialssite;floodproofingmeasures;mean sea level elevation of first floor of proposed structures; and location of the channel and limits of 100-year floodplain boundary; 2. A plan view of the proposed development indicating external dimensions of struc- tures; street or road finished grade eleva- tions; well locations; individual sewage treatment and disposal sites; excavation and/or fill quantity estimates; and site plan and/or construction plans; 3. Specifications for floodproofing, filling, ex- cavating, grading, bank stabilization, stor- age of materials and location of utilities; 4. A professional engineer's or registered ar- chitect's design calculations and certifica- tion that the proposed activity has been designed to be in compliance with these regulations; 5. Certification of floodproofing and/or eleva- tion shall be provided on a standard form available from the city floodplain adminis- trator; and 6. Adjoining owners. Names and addresses of record owners of lots and tracts immedi- ately adjoining the proposed floodplain per- mit. C. To determine that the permit specifications and conditions have been completed, applicants who have received permits are required to furnish the following at the time of an on-site conformance inspection: 1. Certification by a registered professional engineer or licensed land surveyor of the actual mean sea level elevation of the lowest floor (including basement) of all new, altered or substantially improved build- ings; 2. If floodproofing techniques were used for buildings, the mean sea level elevation to § 38.31.140UNIFIED DEVELOPMENT CODE CD38:251PROOFS which the floodproofing was accomplished must be certified by a structural engineer or licensed architect in the same manner; 3. Certification shall also be required for arti- ficial obstructions other than buildings, that the activity was accomplished in accor- dance with these regulations and the design plans submitted with the application for the permit activity. This certification may be waived by the city floodplain administrator if it can be clearly ascertained by a site inspection that the activity was accom- plished in accordance with these regula- tions; and 4. Certification of floodproofing and/or eleva- tion shall be provided on a standard form available from the city floodplain adminis- trator. (Ord. No. 1645, § 18.58.140, 8-15-2005; Ord. No. 1693, § 20(18.58.140), 2-20-2007) Sec. 38.31.150. Emergency waiver. A. Emergency repair and replacement of se- verely damaged public transportation facilities, pub- lic water and sewer facilities, public utility electric- ity and natural gas distribution facilities, and flood control works may be authorized. Floodplain devel- opment permit requirements may be waived if: 1. Upon notification and prior to emergency repair and/or replacement, the city flood- plain administrator determines that an emer- gency condition exists warranting immedi- ate action; and 2. The city floodplain administrator agrees upon the nature and type of proposed emer- gency repair and/or replacement. B. Authorization to undertake emergency repair and replacement work may be given verbally if the city floodplain administrator feels that such a writ- ten authorization would unduly delay the emer- gency works. Such verbal authorization must be followed by a written authorization describing the emergency condition, and the type of emergency work agreed upon and stating that a verbal autho- rization had been previously given. (Ord. No. 1645, § 18.58.150, 8-15-2005; Ord. No. 1693, § 20(18.58.150), 2-20-2007) Sec. 38.31.160. Review; variances; appeals. Appeals and variances from this article may be taken as set forth in article 35 of this chapter. The city floodplain administrator shall maintain records of the variance notification and actions, including justification for their issuance, and forward copies of all variance actions to the state department of natural resources and conservation and the Federal Emergency Management Agency. (Ord. No. 1645, § 18.58.160, 8-15-2005; Ord. No. 1693, § 20(18.58.160), 2-20-2007) Sec. 38.31.170. Floodplain development; compli- ance. Any use, arrangement or construction not in compliance as authorized by permit, shall be deemed a violation of this article and punishable as provided in article 34 of this chapter.An applicant is required to submit certification by a registered professional engineer, architect, land surveyor or other qualified person designated by the city floodplain adminis- trator that finished fill and lowest building floor elevations, floodproofing, hydraulic design or other flood protection measures were accomplished in compliance with these regulations. (Ord. No. 1645, § 18.58.170, 8-15-2005; Ord. No. 1693, § 20(18.58.170), 2-20-2007) Sec. 38.31.180. Emergency preparedness; plan- ning. In formulating community development goals, the community shall consider the development of a plan for evacuating users of all development located within floodprone areas. This plan should be devel- oped, filed with, and approved by appropriate community emergency management authorities. (Ord. No. 1645, § 18.58.180, 8-15-2005; Ord. No. 1693, § 20(18.58.180), 2-20-2007) § 38.31.140 BOZEMAN MUNICIPAL CODE CD38:252PROOFS Sec. 38.31.190. Applications; specific standards. The minimum floodplain development standards listed in this article apply to the floodway and floodway fringe portions of the 100-year floodplain as delineated on the flood hazard area maps or other flood hazard areas as may be determined by section 38.31.040. (Ord. No. 1645, § 18.58.190, 8-15-2005; Ord. No. 1693, § 20(18.58.190), 2-20-2007) Sec. 38.31.200. Floodway—Uses allowed with- out floodplain permits. A. When a site specific exemption or relaxation of the standards of section 38.23.100 allow utiliza- tion of a portion of the floodplain, the following uses shall be allowed without a permit within the floodway, provided that such uses conform to the provisions of sections 38.31.350 through 38.31.390; are not prohibited by any other ordinance, resolu- tion or statute; and do not require fill, excavation, permanent storage of materials, or equipment or structures other than portable structures: 1. Agricultural uses; 2. Accessory uses such as loading and parking areas associated with industrial and com- mercial facilities; 3. Private and public recreational uses such as golf courses, driving ranges, archery ranges, picnicgrounds,boat-launchingramps,parks, wildlife management and natural areas, fish hatcheries, fishing areas, and hiking or horseback riding trails; 4. Residential uses such as lawns, gardens, parking areas and play areas; 5. Irrigation and livestock supply wells, pro- vided that they are located at least 500 feet from domestic water supply wells; and 6. Fences, except permanent fences crossing channels. (Ord. No. 1645, § 18.58.200, 8-15-2005; Ord. No. 1693, § 20(18.58.200), 2-20-2007) Sec. 38.31.210. Floodway—Usesrequiringflood- plain permits. A. When a site specific exemption or relaxation of the standards of section 38.23.100 allow utiliza- tion of a portion of the floodplain, the following artificial obstructions may be permitted in the floodway subject to the issuance of a permit by the city floodplain administrator: 1. Excavation of material from pits and pools provided that: a. A buffer strip of undisturbed land is left between the edge of the channel and the edge of the excavation. This buffer strip must be of sufficient width to prevent flood flows from channel- ing into the excavation; b. The excavation meets all applicable laws and regulations of other local and state agencies; and c. Excavated material is disposed of or stockpiled outside the floodway; 2. Railroad, highway and street stream cross- ings provided the crossings are designed to offer minimal obstruction to flood flow. Stream crossings shall not increase the elevation of the 100-year flood more than one-half foot nor cause a significant in- crease in flood velocities; 3. Limited filling for highway, street and rail- roadembankmentsnotassociatedwithstream crossings, provided that: a. Reasonable alternate transportation routes outside the designated floodway are not available; and b. Such floodway encroachment is lo- cated as far from the stream channel as possible and shall not result in a cumulative increase in base flood el- evations, after allowable encroach- ments into the floodway fringe, ex- ceeding one-half foot; § 38.31.210UNIFIED DEVELOPMENT CODE CD38:253PROOFS 4. Buried or suspended utility transmission lines, provided that: a. Suspended utility transmission lines are designed so the lowest point of the suspended line is at least six feet higher than the base flood elevation; b. Towers and other appurtenant struc- tures are designed and placed to with- stand and minimally obstruct flood flows; and c. Utilitytransmissionlinescarryingtoxic or flammable materials are buried to a depth of at least twice the calculated maximum depth of scour for a 100- year flood. The maximum depth of scour shall be determined by hydrau- lic engineering methods acceptable to the city floodplain administrator; 5. Storage of materials and equipment, pro- vided that: a. The material or equipment is not sub- ject to major damage by flooding and is properly anchored to prevent floata- tion or downstream movement; or b. The material or equipment is readily movable within the limited time avail- able after flood warning. Storage of flammable, toxic, hazardous or explo- sive materials shall not be permitted; 6. Domestic water supply wells, provided that: a. They are driven or drilled wells lo- cated on ground higher than the sur- rounding ground to ensure positive drainage from the well; b. Well casings are watertight to a dis- tance of at least 25 feet below the ground surface; c. Water supply and electrical lines have a watertight seal where the lines enter the casing; d. All pumps, electrical lines and equip- ment are either submersible or ade- quately floodproofed; and e. Check valves are installed on main water lines at wells and at all building entry locations; 7. Substantial improvements to any structure provided that the provisions of subsections C, D or E of section 38.31.260 are met. In the floodway, the structure must be floodproofed or elevated on a permanent foundation rather than on fill; and 8. All other artificial obstructions, substantial improvements or nonconforming uses not specifically listed or prohibited by these regulations. (Ord. No. 1645, § 18.58.210, 8-15-2005; Ord. No. 1693, § 20(18.58.210), 2-20-2007) Sec. 38.31.220. Floodway—Permits for flood control works. A. It is desired that flood control be primarily accomplished by on-site stormwater management, protection of bank stabilizing vegetation, preserv- ing an unobstructed floodplain and keeping devel- opment away from areas prone to flooding. In the event that adequate flood control can not be achieved by these methods, flood control works shall be allowed within floodways subject to the issuance of a permit by the city floodplain administrator with the following conditions: 1. Levees and floodwalls are permitted if: a. The proposed levee or floodwall is designed and construed to safely con- vey a 100-year flood; and b. The cumulative effect of the levee or floodwall combined with allowable floodway fringe encroachments does not increase the unobstructed base flood elevation more than one-half foot. The city floodplain administrator may establish either a lower or higher permissible increase in the base flood elevation for individual levee projects only with concurrence from the state department of natural resources and conservation and the Federal Emer- § 38.31.210 BOZEMAN MUNICIPAL CODE CD38:254PROOFS gencyManagementAgencybasedupon consideration of the following crite- ria: (1) The estimated cumulative effect of any anticipated future permis- sible uses; and (2) The type and amount of existing floodprone development in the affected area; c. The proposed levee or floodwall, ex- cept those to protect agricultural land, is constructed at least three feet higher than the base flood elevation; 2. Bank stabilization methods provided that: a. When selecting a bank stabilization method, best management practices consistent with the intent of this chap- ter shall be used; b. The bank stabilization method is de- signed to withstand a 100-year flood; c. The bank stabilization method does not increase the base flood elevation; and d. The bank stabilization method will not increase erosion upstream, down- stream or adjacent to the stabilization site; 3. Channelization projects if they do not sig- nificantly increase the magnitude, velocity or base flood elevation in the proximity of the project; 4. Dams provided that: a. They are designed and constructed in accordance with the Montana Dam Safety Act and applicable safety stan- dards; and b. They will not increase flood hazards downstream, either through opera- tional procedures or improper hydrau- lic design. (Ord. No. 1645, § 18.58.220, 8-15-2005; Ord. No. 1693, § 20(18.58.220), 2-20-2007) Sec. 38.31.230. Floodway—Permits forwaterdi- versions. A. Permits for the establishment of a water diversion or change in place of diversion shall not be issued if, in the judgment of the city floodplain administrator: 1. The proposed diversion will significantly increase the upstream base flood elevation to the detriment of neighboring property; 2. The proposed diversion is not designed and constructed to minimize potential erosion from a 100-year flood; and 3. Any permanent diversion structure crossing the full width of the stream channel is not designed and constructed to safely with- stand a 100-year flood. (Ord. No. 1645, § 18.58.230, 8-15-2005; Ord. No. 1693, § 20(18.58.230), 2-20-2007) Sec. 38.31.240. Floodway—Prohibited uses. A. The following artificial obstructions and non- conforming uses are prohibited within the floodway: 1. New construction of any residential, com- mercial or industrial structure including manufactured homes; 2. Encroachments including fill, new construc- tion, alterations, substantial improvements and other development within the adopted regulatory floodway that would result in erosion of the embankment, obstruction of the natural flow of waters or increase in flood levels within the community during the occurrence of the 100-year flood; 3. The construction or permanent storage of an object subject to floatation or movement during flooding; 4. Solid and hazardous waste disposal, sewage treatment and sewage disposal systems; 5. Storage of toxic, flammable, hazardous or explosive materials; and § 38.31.240UNIFIED DEVELOPMENT CODE CD38:255PROOFS 6. Alterations of structures unless it can be shown the alteration will not raise flood heights. (Ord. No. 1645, § 18.58.240, 8-15-2005; Ord. No. 1693, § 20(18.58.240), 2-20-2007) Sec. 38.31.250. Floodway fringe—Uses allowed without permits. All uses allowed in the floodway, according to the provisions of section 38.31.210 of these regu- lations, shall also be allowed without a permit in the floodway fringe. (Ord. No. 1645, § 18.58.250, 8-15-2005; Ord. No. 1693, § 20(18.58.250), 2-20-2007) Sec. 38.31.260. Floodway Fringe—Uses requir- ing permits. A. When a site specific exemption or relaxation of the standards of section 38.23.100 allows utili- zation of a portion of the floodplain, the uses allowed in the floodway subject to the issuance of a permit, according to the provisions of sections 38.31.220 through 38.31.240, shall also be allowed by permit within the floodway fringe. In addition, new construction, substantial improvements and alterations to structures are allowed by permit. This includes but is not limited to residential, commer- cial and industrial construction and suitable fill to be allowed by permit from the city floodplain administrator, subject to the following conditions: 1. Such structures or fill must not be prohib- ited by any other statute, regulation, ordi- nance or resolution; 2. Such structures or fill must be compatible with local growth policies; 3. The new construction, alterations and sub- stantial improvements of residential struc- tures including manufactured homes must be constructed on suitable fill such so that the lowest floor elevation (including base- ment) is two feet or more above the base flood elevation. Any approved suitable fill shall be at an elevation no lower than the base flood elevation and shall extend for at least 15 feet, at that elevation, beyond the structure in all directions; 4. The new construction, alteration and sub- stantial improvement of commercial and industrial structures can be constructed on suitable fill as specified in subsection C of this section. If not constructed on fill, commercial and industrial structures must be adequately floodproofed to an elevation no lower than two feet above the base flood elevation. Floodproofing must be certified by a registered professional engineer or architect that the floodproofing methods are adequate to withstand the flood depths, hydrodynamic and hydrostatic pressures, velocities,impact,buoyancyandupliftforces associated with the 100-year flood; a. If the structure is designed to allow internal flooding of areas below the lowest floor, use of this space shall be limitedtoparking,loadingareas,build- ing access and storage of equipment or materials not appreciably affected by floodwaters. The floors and wall shall be designed and constructed of materials resistant to flooding to an elevation no lower than two feet above the base flood elevation. Walls shall be designed to automatically equalize hydrostatic forces by allowing for en- try and exit of floodwaters. Openings may be equipped with screens, lou- vers, valves, other coverings or de- vices which permit the automatic en- try and exit of floodwaters; b. Structures whose lowest floors are used for a purpose other than parking, loading or storage of materials resis- tant to flooding shall be floodproofed to an elevation no lower than two feet above the base flood elevation. Floodproofing shall include imperme- able membranes or materials for floors and walls and watertight enclosures § 38.31.240 BOZEMAN MUNICIPAL CODE CD38:256PROOFS for all windows, doors and other open- ings. These structures shall also be designed to withstand the hydrostatic, hydrodynamic and buoyancy effects of a 100-year flood; and c. Floodproofing of electrical, heating and plumbing systems shall be accom- plished in accordance with sections 38.31.350 through 38.31.390; 5. All manufactured homes placed in the floodway fringe must have the chassis se- curely anchored to a foundation system that will resist floatation, collapse or lateral movement. Methods of anchoring may in- clude, but are not limited to, over-the-top or frame ties to ground anchors. The following conditions also apply: a. When a manufactured home is al- tered, replaced because of substantial damage as a result of a flood, or replaced on an individual site, the lowest floor must be elevated two feet above the base flood elevation. The home can be elevated on fill or raised on a permanent foundation of rein- forced concrete, reinforced mortared block, reinforced piers or other foun- dation elements of at least equivalent strength; and b. Replacement or substantial improve- ment of manufactured homes in an existing manufactured home commu- nity or subdivision must be raised on a permanent foundation. The lowest floor must be at least 36 inches above the ground or raised two feet above the base flood elevation, whichever is less. The foundation must consist of reinforced concrete, reinforced mor- tared block, reinforced piers or other foundation elements of at least equiv- alent strength; c. Manufactured homes proposed for use as commercial or industrial structures must be elevated and anchored, rather than floodproofed; 6. Fill material placed in the floodway fringe must be stable, compacted, well graded, pervious, generally unaffected by water and frost, devoid of trash or similar foreign matter, devoid of tree stumps or other organic material, and appropriate for the purpose of supporting the intended use and/or permanent structure; 7. Roads, streets, highways and rail lines shall be designed to minimize increase in flood heights. Where failure or interruption of transportation facilities would result in dan- ger to the public health or safety, the facility shall be located two feet above the base flood elevation; and 8. Agricultural structures that have a low dam- age potential, such as sheds, barns, shelters, and hay or grain storage structures must be adequately anchored to prevent floatation or collapse and all electrical facilities shall be placed above the base flood elevation; a. Recreational vehicles, if they are on the site for more than 180 consecutive days or are not ready for highway use, must meet the elevating requirements of subsection C of this section. (Ord. No. 1645, § 18.58.260, 8-15-2005; Ord. No. 1693, § 20(18.58.260), 2-20-2007; Ord. No. 1769, § 12, 12-28-2009) Sec. 38.31.270. Floodplain—Prohibited uses. A. The following artificial obstructions and non- conforming uses are prohibited within the floodway fringe: 1. Solid and hazardous waste disposal; and 2. Storage of highly toxic, flammable, hazard- ous or explosive materials. Storage of pe- troleum products may be allowed by permit if stored on compacted fill at least two feet above the base flood elevation and an- chored to a permanent foundation to pre- vent downstream movement. (Ord. No. 1645, § 18.58.270, 8-15-2005; Ord. No. 1693, § 20(18.58.270), 2-20-2007) § 38.31.270UNIFIED DEVELOPMENT CODE CD38:257PROOFS Sec. 38.31.280. Floodplain areas with flood ele- vations and no delineated floodway. A. Adevelopment proposed for a 100-year flood- plain, where water surface elevations are available but no floodway is delineated, may not significantly increase flood velocities or depths or generally alter patterns of flood flow. The provisions of sections 38.31.250 through 38.31.270 shall apply to these areas. The city floodplain administrator may require a permit applicant to furnish additional hydraulic data before acting on a permit application for such a floodplain. The data may include, but are not limited to, any of the following: 1. A hydraulic study documenting probable effect on upstream, downstream or adjacent property owners caused by the proposed development; or 2. The calculated increase in the 100-year floodwater surface profile caused by the proposed development. B. Permits for such proposed development may be modified or denied if the additional information shows that the proposed use would cause an addi- tional flood hazard to adjacent property or signifi- cantly increase flood heights. A significant increase in flood height is one-half foot unless existing or anticipated development in the area dictates a lesser amount of allowable increase. (Ord. No. 1645, § 18.58.280, 8-15-2005; Ord. No. 1693, § 20(18.58.280), 2-20-2007) Sec. 38.31.290. Shallow flooding (AO zones). A. Shallow flooding areas are delineated as AO zone floodplains on the flood insurance rate maps. The provisions of section 38.31.260 shall apply to anyAO zone floodplains. The depth of the 100-year flood is indicated as the depth number on the flood insurance rate maps. The 100-year flood depth shall be referenced to the highest adjacent grade or stream flow line in determining which fill or floodproofing heights to use in applying the provi- sions of subsections C and D of section 38.31.260. In the absence of depth or elevation information, a minimum two-foot flood depth shall be used. B. Floodplain boundary interpretation. The city floodplain administrator shall make interpretations where needed as to the exact location of anAO zone floodplain boundary when there is a conflict be- tween a mapped boundary and actual field condi- tions. (Ord. No. 1645, § 18.58.290, 8-15-2005; Ord. No. 1693, § 20(18.58.290), 2-20-2007) Sec. 38.31.300. Applicability to unnumbered A zones. The minimum floodplain development standards listed in this section apply to the 100-year flood- plains delineated by approximate methods and iden- tified as unnumbered A zones on the flood insur- ance rate maps. (Ord. No. 1645, § 18.58.300, 8-15-2005; Ord. No. 1693, § 20(18.58.300), 2-20-2007) Sec. 38.31.310. A zones—Uses allowed without permits. All uses allowed in a floodway, according to the provisions of section 38.31.210, shall also be al- lowed without a permit in unnumbered A zone floodplains. (Ord. No. 1645, § 18.58.310, 8-15-2005; Ord. No. 1693, § 20(18.58.310), 2-20-2007) Sec. 38.31.320. Same—Uses requiring permits. A. Allusesallowedinthefloodwayandfloodway fringe subject to the issuance of a permit according to the provisions of section 38.31.260, shall require permits from the city floodplain administrator for unnumbered A zone floodplains. Also, the provi- sions of section 38.31.260 apply to the A zone floodplains with no floodway delineated or water surface profile computed. Since there are no 100- year floodwater surface profiles computed for A zone floodplains, the following conditions also apply: 1. Elevation data on the 100-year flood shall be provided for subdivision proposals ac- § 38.31.280 BOZEMAN MUNICIPAL CODE CD38:258PROOFS cording to the definitions and rules of the Montana Sanitation in Subdivisions Act, title 76, chapter 4, part 1, Montana Code Annotated (MCA 76-4-101 et seq.) and the rules adopted by Department of Environ- mental Quality under this Act. These data shall be used in applying subsections C, D and E of section 38.31.270. Subdivision proposals shall also provide for adequate drainage to minimize potential flood haz- ards; 2. The city floodplain administrator may ob- tain, review and reasonably use any base flood elevation and floodway data available from federal, state or other sources, until such data have been provided by FEMA, to enforce subsections C and D of section 38.31.270; 3. The city floodplain administrator may use historical flood elevations to determine suit- able fill or floodproofing elevations as re- quired by subsections C and D of section 38.31.270; 4. If historical flood evidence is not available, then the city floodplain administrator shall determine, from a field review at the pro- posed development site, an appropriate fill or floodproofing elevation to use in apply- ingsubsectionsCandDofsection38.31.270. In the absence of depth or elevation infor- mation, a minimum two foot flood depth shall be used; and 5. Proposed structures must be anchored to prevent floatation or collapse and must be located as far from stream channels as practicable. (Ord. No. 1645, § 18.58.320, 8-15-2005; Ord. No. 1693, § 20(18.58.320), 2-20-2007) Sec. 38.31.330. Same—Prohibited uses. Those uses prohibited in the floodway fringe, in accordance with section 38.31.270, shall also be prohibited within the A zone floodplain boundaries. (Ord. No. 1645, § 18.58.330, 8-15-2005; Ord. No. 1693, § 20(18.58.330), 2-20-2007) Sec. 38.31.340. Same—Floodplain boundary in- terpretation. The city floodplain administrator shall make interpretations where needed as to the exact loca- tion of the unnumberedAzone floodplain boundary when there is a conflict between a mapped bound- ary and actual field conditions. (Ord. No. 1645, § 18.58.340, 8-15-2005; Ord. No. 1693, § 20(18.58.340), 2-20-2007) Sec. 38.31.350. Floodproofing requirements— Certification. If the following floodproofing requirements are to be applied to a proposed structure, as stipulated by the city floodplain administrator in accordance with these regulations, the methods used must be certified as adequate by a registered professional engineer or architect. (Ord. No. 1645, § 18.58.350, 8-15-2005; Ord. No. 1693, § 20(18.58.350), 2-20-2007) Sec. 38.31.360. Same—Conformance. Permitted floodproof systems shall conform to the conditions listed in sections 38.31.370 through 38.31.390 and the floodproofing standards listed in subsection D of section 38.31.260 for commercial and industrial structures. (Ord. No. 1645, § 18.58.360, 8-15-2005; Ord. No. 1693, § 20(18.58.360), 2-20-2007) Sec. 38.31.370. Same—Electrical systems. A. All incoming power service equipment, in- cluding all metering equipment, control centers, transformers, distribution and lighting panels, and all other stationary equipment must be located at least two feet above the base flood elevation; B. Portable or movable electrical equipment may be placed below the base flood elevation, if the equipment can be disconnected by a single submers- ible plug-and-socket assembly; C. The main power service line shall have auto- matic or manually operated electrical disconnect equipment located at an accessible location outside the 100-year floodplain and above the base flood elevation; and § 38.31.370UNIFIED DEVELOPMENT CODE CD38:259PROOFS D. All electrical wiring systems installed at or below the elevation of the 100-year flood shall be suitable for continuous submergence and may not contain fibrous components. (Ord. No. 1645, § 18.58.370, 8-15-2005; Ord. No. 1693, § 20(18.58.370), 2-20-2007) Sec. 38.31.380. Same—Heating systems. A. Float operated automatic control valves must be installed in gas furnace supply lines so that the fuel supply is automatically shut off when floodwa- ters reach the floor level where the furnace is located; B. Manually operated gate valves must be in- stalled in gas supply lines. The gate valves must be operable from a location above the elevation of the 100-year flood; and C. Electric heating systems must be installed in accordance with the provisions of International Building Code and any other applicable regulations. (Ord. No. 1645, § 18.58.380, 8-15-2005; Ord. No. 1693, § 20(18.58.380), 2-20-2007) Sec. 38.31.390. Same—Plumbing systems. A. Sewer lines, except those to be buried and sealed in vaults, must have check valves installed to prevent sewage backup into permitted structures; and B. All toilet stools, sinks, urinals and drains must be located so the lowest point of possible water entry is at least two feet above the elevation of the 100-year flood. (Ord. No. 1645, § 18.58.390, 8-15-2005; Ord. No. 1693, § 20(18.58.390), 2-20-2007) Sec. 38.31.400. Violation—Notice. The city floodplain administrator shall bring any violation of this article to the attention of the local governing body, its legal council and the state department of natural resources and conservation. (Ord. No. 1645, § 18.58.400, 8-15-2005; Ord. No. 1693, § 20(18.58.400), 2-20-2007) Sec. 38.31.410. Same—Penalty. Violation of the provisions of this article or failure to comply with any of the requirements, including permit approval prior to development of floodprone lands, and conditions and safeguards established shall be subject to the provisions of article 34 of this chapter. (Ord. No. 1645, § 18.58.410, 8-15-2005; Ord. No. 1693, § 20(18.58.410), 2-20-2007) ARTICLE 32. NONCONFORMING SITUATIONS Sec. 38.32.010. Nonconforming uses. A. Any use lawfully existing upon the effective date of the ordinance from which this chapter or any predecessor title or code is derived may be contin- ued at the size and in the manner of operation existing upon such date except as hereinafter spec- ified, or in the case of signage as specified in article 28 of this chapter. B. Except as otherwise specified in this article, the right to operate and maintain a nonconforming use shall terminate when the structure or structures housing such use are removed beyond 50 percent of the market value, razed or suffer substantial damage as defined in article 42 of this chapter. However, in the event of damage by fire, wind, earthquake or other natural disaster to the extent described herein, said nonconforming use or uses may be reestab- lished through a conditional use permit procedure as set forth in article 19 of this chapter. Such restoration shall comply to the maximum extent reasonably feasible with the requirements of this chapter. C. When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use. D. Whenever a lawful nonconforming use of a building, structure or land is discontinued for a period of 90 days, any future use of the building, structure or land shall be in conformity with the provisions of this chapter. § 38.31.370 BOZEMAN MUNICIPAL CODE CD38:260PROOFS E. Normal maintenance of a building or other structure containing or related to a lawful noncon- forming use is permitted, including necessary struc- tural repairs, provided such structural repairs do not enlarge, intensify or otherwise redefine the noncon- forming use. (Ord. No. 1645, § 18.60.010, 8-15-2005; Ord. No. 1693, § 21(18.60.010), 2-20-2007) Sec. 38.32.020. Changes to orexpansions of non- conforming uses. A.Lawful nonconforming nonresidential use. 1. A lawful nonconforming nonresidential use shall not be changed except in conformance with the use requirements of the zone in which it is located. Except, however, a lawful nonconforming nonresidential use may be changed to another nonconforming use, provided that the proposed use is not of greater intensity than the original use, as determined by the criteria in section 38.32.020.A.2, and that a conditional use permit is obtained from the city commis- sion. A lawful nonconforming nonresiden- tial use may be expanded only through the granting of a conditional use permit by the city commission. In considering the appro- priateness of the conditional use permit application, the city commission shall weigh the criteria set forth in subsection B of this section. In addition, the commission shall consider whether the expansion is reason- able, natural and incidental to the growth and use of an existing business. In general, proposals to expand nonconforming uses shall not be approved if the expansion would encompass new land or property which was not in use at the time of the enactment of zoning or a change in zoning. 2. To approve a conditional use permit to change or expand a nonconforming nonres- idential use, the city commission shall de- termine that the proposed nonconforming use is more appropriate to the district than the existing nonconforming use, and that no unsafe or unhealthy conditions are perpet- uated. In making such a determination, the commission shall weigh the following cri- teria in addition to the criteria applicable to all conditional use permits: a. Trafficimpacts,bothon-siteandoffsite; b. Off-street parking and loading require- ments; c. The visual impact on the surrounding area; d. The degree of compliance with the adopted growth policy and this chap- ter; e. The level of conflict with other uses in the surrounding area; f. The presence of other nonconformi- ties in the surrounding area; g. The degree to which any existing unsafe or hazardous conditions would be mitigated; h. The viability of the subject structure; and i. On-siteandoff-siteimpactsfromnoise, dust, smoke, surface or groundwater contamination, or other environmen- tal impacts. B.Lawful nonconforming residential use. 1. A lawful nonconforming residential use may be reduced in terms of the number of dwelling units, in an effort to achieve greater conformance with the underlying zoning designation, through the review process required by articles 16, 17, and 19 of this chapter, without the need to obtain a con- ditional use permit from the city commis- sion. A lawful nonconforming residential use shall not be permitted to increase the number of dwelling units. 2. The maintenance and reconstruction of ex- isting nonconforming residential dwelling units is allowed, in compliance with appli- cable fire and building codes, including § 38.32.020UNIFIED DEVELOPMENT CODE CD38:261PROOFS expansion of up to 20 percent of the exist- ing total residential area, without the need of a conditional use permit from the city commission, as long as the number of dwelling units on the lot is not increased. In instances where new construction is al- lowed, all appropriate approvals such as a certificate of appropriateness or building permit shall be obtained prior to the initia- tion of construction. (Ord. No. 1645, § 18.60.020, 8-15-2005; Ord. No. 1693, § 21(18.60.020), 2-20-2007) Sec. 38.32.030. Nonconforming area and bulk requirements for existing lots. A. At the time of the enactment of the ordinance from which this chapter is derived if any owner of a plot of land consisting of one or more adjacent lots, as defined in article 42 of this chapter, in a subdivision of record does not own sufficient land within the lot of record to enable the owner to conform to the minimum lot size requirements, or does not have sufficient lot width to conform to the minimum lot width requirements, such plot of land may nevertheless be used as a building site. The lot dimension requirements of the district in which the piece of land is located may be reduced by the smallest amount that will permit a structure of acceptable size to be built upon the lot, with such reduction to be determined by the city commission. Existing buildings on nonconforming lots may be expanded without deviations or variances so long as the expansion does not increase or create one or more nonconformities. 1. In the R-S, R-1 and R-2 districts, the reduction shall permit only a single-house- hold residence. 2. In the R-3, R-4 and R-O districts, the reduction shall permit only a duplex. B. No lot, even though it may consist of one or more adjacent lots in common ownership at the time of passage of the ordinancefrom which this chapter is derived, shall be reduced in size so that lot width or size of yards or lot area per household or any other requirement of this chapter is not maintained except as provided for in this chapter. This section views lots as merged for the purposes of planning and zoning regulation of bulk, size, or similar dimensional standards only, and does not aggregate individual parcels of land in a manner affected by MCA 76-3-103(17)(b). This section shall not apply when a portion of a lot is acquired for a public purpose. C. Adjacent parcels which do not conform to minimum lot requirements, and which are in com- mon ownership, shall be considered individual lots of record for the purposes of this code only if they are each greater than one acre in size and were created prior to the passage of the ordinance codi- fied in this chapter. (Ord. No. 1645, § 18.60.030, 8-15-2005; Ord. No. 1693, § 21(18.60.030), 2-20-2007) Sec. 38.32.040. Nonconforming structures. A. Any nonconforming structure lawfully exist- ing upon the effective date of the ordinance from which this chapter is derived may be continued at the size and configuration existing upon such date except as hereinafter specified, or in the case of signage as specified in article 28 of this chapter and lighting as specified in section 38.23.150.O. B. The right to operate and maintain a noncon- forming structure shall terminate when the structure is removed beyond 50 percent of the market value, razed or substantially damaged. However, in the event of damage by fire, wind, earthquake or other natural disaster to the extent described herein, said nonconforming nonresidential structure may be re- established through a conditional use permit proce- dure as set forth in article 19 of this chapter. Such restoration shall comply to the maximum extent feasible with the requirements of this chapter. C. Normal maintenance of a lawful nonconform- ing structure is permitted, including necessary struc- tural repairs provided such structural repairs do not enlarge the structure or intensify the use. (Ord. No. 1645, § 18.60.040, 8-15-2005; Ord. No. 1693, § 21(18.60.040), 2-20-2007) § 38.32.020 BOZEMAN MUNICIPAL CODE CD38:262PROOFS Sec. 38.32.050. Changes to orexpansions of non- conforming structures. A. A lawful nonconforming structure shall not be changed except in conformance with the require- ments of the zone in which it is located or as provided in this article. B. A lawful nonconforming structure may be expanded through the plan review process required by articles 16, 17 and 19 of this chapter. Unless the proposed expansion would create a new nonconfor- mity or increase an existing nonconformity, no deviation or variance is required for the expansion. C. If a lawful nonconforming structure is pro- posed to be changed or expanded in a manner which would increase the degree of nonconformity, or would create a new nonconformity, a deviation or variance shall be properly granted prior to or in conjunction with the site development approval required in articles 16, 17, and 19 of this chapter. D. The maintenance and reconstruction of exist- ing nonconforming residential structures is allowed, in compliance with applicable fire and building codes, as well as, the provisions of this article, so long as the number of dwelling units on the lot is not increased. Maintenance activities may not in- crease the degree of nonconformity. (Ord. No. 1645, § 18.60.050, 8-15-2005; Ord. No. 1693, § 21(18.60.050), 2-20-2007) ARTICLE 33. DEVELOPMENT REVIEW COMMITTEE (DRC), DESIGN REVIEW BOARD (DRB), ADMINISTRATIVE DESIGN REVIEW STAFF (ADR), WETLANDS REVIEW BOARD (WRB), BOARD OF ADJUSTMENT (BOA) Sec. 38.33.010. Purpose of DRC, DRB, ADR, WRB, and BOA. A.Purpose.The development review committee (DRC), design review board (DRB), administrative design review staff (ADR) and wetlands review board (WRB) are established to coordinate, expe- dite and ensure fair and equitable implementation of this chapter. The objective, to be implemented through their procedures and deliberations, shall be to encourage development quality that will enhance both the natural and built environments, with con- sideration to present and future property values, and to carry out the purposes of this chapter. All bodies authorized under this article may call upon any city staff or other persons with technical expertise, and may testify before any board, commission or other body upon the subjects for which they have respon- sibility. 1.DRC.The DRC is established to evaluate all proposals subject to the provisions of this chapter. The DRC is the body charged with reviewing items relating to public health and safety. a. The DRC shall act as an advisory body to the planning director for site plans when no variance or deviation is requested; and b. The DRC shall act as an advisory body to the city commission or board of adjustment for larger and more complex proposals including condi- tional use permits, planned unit devel- opments, all site plans involving vari- ances or deviations, divisions of land, zone map amendments, annexations and other actions as requested by staff or the city commission. 2.DRB.The DRB is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to pro- duce significant community impact and to provide recommendations regarding such proposals to the planning director or city commission, subject to the provisions of this chapter. a. The DRB shall act as an advisory body to the planning director for site plans within overlay districts meeting one or more of the thresholds of section 38.19.040.C when no variance or deviation is requested; and § 38.33.010UNIFIED DEVELOPMENT CODE CD38:263PROOFS b. The DRB shall act as an advisory body to the city commission or board of adjustment regarding: (1) Site plans within overlay dis- tricts meeting one or more of the thresholds of section 38.19.040.C when variances or deviations are requested; (2) Conditional use permits located within overlay districts, but ex- cluding conditional use permits for the purpose of accessory dwelling units and conditional use permits which do not create additional building area; (3) Planned unit developments; (4) Appeals from ADR decisions; and (5) Review of applications for large scale retail; c. The DRB may develop, and after adoption by the city commission, ap- ply specific guidelines related to such concerns as architectural appearance, landscape design and signage for the construction and/or alteration of struc- tures, sites or areas; d. The DRB may review applicable de- velopment proposal applications for zoning text amendments, or applica- tions for moving, demolition or any other kind of permit that may affect properties located within entryway cor- ridors; e. The DRB has responsibility for proj- ects subject to section 38.19.040.C. 3.ADR.The ADR staff is established as the review body for aesthetic considerations of smaller and less complex proposals which are less likely to produce significant com- munity impact and to provide recommen- dations regarding such proposals to the planning director and city commission, sub- ject to the provisions of this chapter. a. The ADR staff shall act as the ap- provalauthorityforsketchplanswithin overlay districts when no variance or deviation is requested; b. TheADR staff shall act as an advisory body to the planning director for site plans within overlay districts not meet- ing one or more of the thresholds of section 38.19.040.C when no variance or deviation is requested; c. TheADR staff shall act as an advisory body to the planning director regard- ing reuse/further development permits within overlay districts; and d. TheADR staff shall act as an advisory body to the city commission or board ofadjustmentregardingallsketchplans and site plans not meeting one or more of the thresholds section 38.19.040.B within overlay districts when variances or deviations are re- quested, for conditional use permits for accessory dwelling units, condi- tional use permits where no additional building area will be created, and nonPUD divisions of land; e. The ADR may develop, and after adoption by the city commission, ap- ply specific guidelines related to such concerns as architectural appearance, landscape design and signage for the construction and/or alteration of struc- tures, sites or areas; and f. The ADR may review applicable de- velopment proposal applications for zoning amendments, or applications for moving, demolition or any other kind of permit that may affect proper- ties located within entryway corri- dors. § 38.33.010 BOZEMAN MUNICIPAL CODE CD38:264PROOFS 4.WRB.The WRB is established to review wetland related submittal materials, prepare functional assessments of regulated wet- lands that may be impacted by proposed regulated activities, evaluate the impacts proposed regulated activities may have on delineated wetlands and to provide wet- lands protection, mitigation and/or enhance- ment recommendations regarding such pro- posals to the planning director, board of adjustment, and city commission, subject to the provisions of this chapter. a. The WRB shall act as an advisory bodytotheplanningdirectorforsketch plans and site plans when no variance or deviation is requested. b. The WRB shall act as an advisory body to the city commission, or board of adjustment if applicable, for larger and more complex proposals includ- ing conditional use permits, planned unit developments, subdivisions, all site plans involving variances or de- viations, divisions of land, zone map amendments, and other actions as re- quested by staff or the commission. 5.BOA.The BOA is established to consider zoningvariances,deviations,siteplanswhich include variance or deviations, and condi- tional use permits, subject to the provisions of this chapter. Variances and deviations are subject to article 35 of this chapter and conditional use permits are subject to arti- cle 19 of this chapter, in addition to the other relevant aspects of this chapter. B.Development review committee procedures established.To implement this purpose, certain procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or bi- weekly meeting attended by representatives of each of the city departments charged with development review. Each department shall have the ability and authority to require the DRC to make a recommen- dation of denial when in their view the project can not meet the requirements and review criteria of this chapter and acceptable conditions do not exist to cure the identified failings of the project. Written meeting reviews, in the form of staff reports or summary reviews prepared by the planning depart- ment, shall be made setting forth the DRC's recom- mendation to the planning director, board of adjust- ment, or city commission and reasons for requiring such conditions as may be deemed necessary by the DRC. These records shall be preserved as part of the official file for each development proposal. Lastly, the DRC shall generally follow "Robert's Rules of Order" and may prepare and adopt supple- mental procedural rules that will ensure the accom- plishment of the stated purpose and promote the efficiency and effectiveness of the developmental review process. 1. The DRC shall at a minimum be composed of the following personnel: city engineer, fire marshal, the streets superintendent, the sanitation superintendent, the water/sewer superintendent, the planning director and the building official. When necessary, other members of the committee may include: the director of public safety, the superintendent of facilities and public lands, the superin- tendent of recreation, the city manager, with other individuals to be included as necessary at the planning director's request. 2. When applicable, the DRC may solicit the input of noncity agencies and persons in- cluding, but not limited to, the county subdivision review officer, the county san- itarian, the county road superintendent, and state or federal agencies, with other indi- viduals to be included as necessary. C.Design review board procedures established. To implement this purpose, certain procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or biweekly meeting attended by members of the DRB. Written meeting reviews setting forth decisions and findings shall be made. These records shall be preserved as part of the official proceedings for each developmental proposal. Lastly, the DRB shall generally follow "Robert's Rules of Order" and may prepare and § 38.33.010UNIFIED DEVELOPMENT CODE CD38:265PROOFS adopt supplemental procedural rules, upon the ap- proval of the city commission, that will ensure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the design re- view process. 1. The DRB shall consist of six professional and two nonprofessional members. Profes- sional members shall be degreed in their respective disciplines and/or otherwise li- censed or certified by their respective pro- fessional authorities. An appointment to a term of service on the DRB is for two years. The professional contingent shall consist of three architects and at least one architec- tural historian, and at least one landscape architect or landscape designer.At least one of the professional members shall have demonstrated expertise in urban design. Nonprofessional members shall be individ- uals with an interest in, or knowledge of, urban design or historic preservation. No member of the DRB shall serve concur- rently as a member of the planning board or zoning commission. A quorum of the DRB shall be four voting members and one of the members constituting the quorum must be an architect. In the event a quorum of the DRB may not otherwise be attained, the ADR staff may serve as alternates to pre- vent delay in project reviews. 2. In selecting the members, the city commis- sion shall give preference to residents of the city. However, where a qualified profes- sional resident is not available to serve, the city commission may appoint a profes- sional member who practices profession- ally, owns property or owns a business within the city. Where a nonprofessional resident is not available to serve, the city commission may appoint a nonprofessional member who works, owns property or owns a business within the city. D.Administrative design review staff procedures established.To implement the purposes of this chapter, procedures shall be adopted for the admin- istrative evaluation of a proposal without public notice or comment, unless a deviation from the underlying zoning is requested.After a proposal has been evaluated by the ADR staff, they shall issue a written decision that shall include findings and may include a notice of required corrections. The ADR staff may call a conference with the applicant to determine design alternatives, or the applicant may call a conference with the ADR staff for the same purpose. Any such conference shall be conducted prior to the issuance of a building permit for the proposal. 1. ADR staff shall consist of two planning department staff members. One member shall be degreed or otherwise licensed or certified by such member's respective pro- fessional authorities in an environmental design discipline such as architecture, land- scape architecture or urban design. The second member shall be the planning direc- tor who may or may not be degreed in architecture. In the event that necessary ADR staff is not available, the DRB may act to provide design review services. E.Waiver of design review.In the event that neither the DRB nor theADR staff as established in this article are able to complete a quorum or have the necessary personnel to conduct the reviews otherwise required by this chapter, the requirement for review by DRB or ADR is waived. Nothing in this section shall constitute a waiver of the required review criteria established in articles 16, 17, 20, and 30 of this chapter. F.Wetlands review board procedures estab- lished.The WRB will be convened as necessary to review proposals that involve regulated activities and may impact regulated wetlands based on the provisions contained in article 30 of this chapter. To implement this purpose, certain procedures shall be adopted to include, but not be limited to, scheduling meetings as needed to be attended by members of the WRB. Written meeting reviews setting forth decisions and findings shall be made. These records shall be preserved as part of the official proceedings for each development proposal. Lastly, the WRB § 38.33.010 BOZEMAN MUNICIPAL CODE CD38:266PROOFS shall generally follow "Robert's Rules of Order" and may prepare and adopt supplemental proce- dural rules, upon the approval of the city commis- sion, that will ensure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the wetland review process. 1. The WRB shall consist of six members. An appointment to a term of service on the WRB is for two years. Members shall be degreed in their respective disciplines and/or otherwise licensed or certified by their respective professional authorities. Mem- bers shall have experience in at least one of the following wetland and/or stream spe- cializations: ecology, soils, botany, and/or hydrology. 2. In selecting the members, the city commis- sion shall give preference to residents of the city. However, where a qualified resident is not available to serve, the city commission may appoint a member who practices pro- fessionally, owns property or owns a busi- ness within the city. G.Board of adjustment procedures established. The BOA will be convened as necessary to review applications for variances or deviations or site plan applications involving variances or deviations. The BOA will also review applications for conditional use permits. To implement this purpose, certain procedures shall be adopted which may include, without limitation, a regularly scheduled weekly or biweekly meeting attended by members of the BOA.Arecord of the reviews and decisions shall be made. These records shall be preserved as part of the official proceedings for each development pro- posal. Lastly, the BOAshall generally follow "Rob- ert's Rules of Order" and may prepare and adopt supplemental procedural rules, upon the approval of the city commission, that will ensure the accom- plishment of the stated purpose and promote the efficiency and effectiveness of the review process. 1. The BOA shall consist of seven members. The term of appointment is for three years, with staggered terms. Members shall be appointed by the city commission. A mem- ber may be removed per MCA 76-2-322. The concurring vote of four members of the board is required to take official action. 2. In selecting the members, the city commis- sion shall give preference to residents of the city. However, where a qualified resident is not available to serve, the city commission may appoint up to one nonresident member who practices professionally, owns prop- erty or owns a business within the city. a. Preference should be given to appli- cants who have prior experience with local government, who will uphold the intent and purpose of the city's land use regulations, and who will honor the purpose of a board of ad- justment. (Ord. No. 1645, § 18.62.010, 8-15-2005; Ord. No. 1670, § 18.62.010, 8-28-2006; Ord. No. 1693, § 22(18.62.010), 2-20-2007; Ord. No. 1761, exh. L(18.62.010), 7-6-2009; Ord. No. 1769, exh. K(18.62.010), 12-28-2009) Sec. 38.33.020. General procedures, notice and timing. A.Informal advice and direction.A person or organization considering any construction, building or site alteration, rezoning or other development activity, may approach the DRC, DRB, ADR or WRB for informal advice and direction. Such discussion shall be treated as advisory by both parties and shall record only the fact that contact had been made. An informal review by the DRC and/or DRB may be requested by submitting a completed application form provided by the plan- ning director along with any schematic develop- ment plans or written narrative at least one week prior to the next regularly DRC and/or DRB meet- ing. An informal review by the WRB may be requested by submitting a completed application form provided by the planning director along with a wetland delineation for the regulated wetland, de- velopment plans or written narrative describing the proposed regulated activity and a WRB meeting § 38.33.020UNIFIED DEVELOPMENT CODE CD38:267PROOFS will be convened within two weeks of application submittal. A fee, set in accordance with the fee resolution adopted by the city commission, shall be charged for an informal review. No application is required for informal review or advice by the ADR staff. B.Formal application.An application for DRC, DRB, ADR and/or WRB consideration of a devel- opment proposal must be submitted utilizing a form available from the planning director. Material to be submitted with the application shall include the elements set forth within the requirements for the type of proposal to be considered, i.e., sketch plan, site plan, conditional use permit, certificate of appropriateness, planned unit development, divi- sions of land, etc., as outlined in this chapter. It is recommended that the applicant discuss the appli- cation informally with the DRC, DRB, ADR or WRB prior to formal submission to help expedite the process. Depending upon the size of the pro- posed project, its location and type, the applicant may be directed to one or more agencies of the city for processing. C.Public notice.Public notice for any proposal before the DRC, DRB, ADR or WRB that requires such notice shall be provided in accordance with article 40 of this chapter. D.DRC, DRB, ADR or WRB action.By no later than 30 working days from the date of the first regularly scheduled DRC and/or DRB meeting, or a meeting convened by the WRB, at which the applicants' proposal was initially reviewed, the DRC, DRB or WRB shall take action to recommend approval, approval with conditions, table pending submission of revised or additional materials or recommend denial of the applicant's proposal, un- less the applicant grants a written extension to the review period. For proposals subject to ADR re- view, the ADR staff shall approve, approve with conditions, delay pending submission of revised or additional materials or deny the applicant's pro- posal. E.BOA action.After the applicants' proposal is found sufficient for review, the schedule for BOA action to approve, approve with conditions, table pending submission of revised or additional mate- rials, or deny the applicant's proposal shall be established. (Ord. No. 1645, § 18.62.020, 8-15-2005; Ord. No. 1670, § 18.62.020; Ord. No. 1693, § 22(18.62.020), 2-20-2007; Ord. No. 1761, exh. L(18.62.020), 7-6- 2009; Ord. No. 1769, exh. K(18.62.020), 12-28- 2009) ARTICLE 34. ADMINISTRATION, FEES AND PENALTIES Sec. 38.34.010. Review authority. A. The city commission has the right to review and require revisions to all development proposals subject to this chapter, and delegates that authority in certain circumstances as set forth in this section to the planning director and board of adjustment, reserving to itself the right to hear appeals from decisions of the planning director and informational hearings required by MCA 76-2-402. The purpose of this review is to prevent demonstrable adverse impacts of the development upon public safety, health or general welfare, or to provide for its mitigation; to protect public investments in roads, drainage facilities, sewage facilities, water facili- ties, and other facilities; to conserve the value of adjoining buildings and/or property; to protect the character of the city; to protect the right of use of property; advance the purposes and standards of this chapter and the adopted growth policy; and to ensure that the applicable regulations of the city are upheld. B. The planning director shall, upon recommen- dation from the DRC, DRB, ADR or WRB as may be applicable approve, approve with conditions or deny all applications subject to this chapter, except master site plans, conditional use permits, planned unit developments and subdivisions, or any appli- cation involving deviations or variances. Decisions of the planning director are subject to the appeal provisions of article 35 of this chapter. 1. Exception. The city commission may, by an affirmative, simple majority, vote of its § 38.33.020 BOZEMAN MUNICIPAL CODE CD38:268PROOFS members at a regularly scheduled meeting reclaim to itself the final approval of a development normally subject to the ap- proval of the planning director. The vote shall occur prior to the action of the plan- ning director. C. The board of adjustment shall, upon recom- mendation from the DRC, DRB, ADR or WRB as may be applicable approve, approve with condi- tions or deny applications for all variances and deviations, site/sketch plans with variances or de- viations, or conditional use permits subject to this chapter, except planned unit developments and subdivisions. Decisions of the BOA are subject to the appeal provisions of article 35 of this chapter. 1. Exception. The city commission may, by an affirmative vote of three of its members at a regularly scheduled meeting reclaim to itself the final approval of a development normally subject to the approval of the board of adjustment. The vote shall occur prior to the action of the board of adjust- ment. D. As detailed in article 33 of this chapter, the city commission authorizes the development review committee, design review board, administrative de- sign review staff, wetlands review board, and other advisory bodies as applicable, to review and to make recommendations to the planning director, BOA, or city commission regarding development proposals. E. The city commission or its designated repre- sentatives may require the applicant to design the proposed development to reasonably minimize po- tentiallysignificantadverseimpactsidentifiedthrough the review required by these regulations. The city commission or its designated representatives may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will pre- clude approval of the development as submitted. Recognizing that the standards of this chapter are minimum requirements and the public health, safety, and general welfare may be best served by exceed- ing those minimums, the city commission or plan- ning director may require as a condition of ap- proval, additional landscaping, screening, timing requirements, setbacks or other mitigation exceed- ing the minimums of this chapter. (Ord. No. 1645, § 18.64.010, 8-15-2005; Ord. No. 1670, § 18.64.010, 8-28-2006; Ord. No. 1693, § 23(18.64.010), 2-20-2007; Ord. No. 1761, exh. M(18.64.010), 7-6-2009) Sec. 38.34.020. Administrationandenforcement; planning director authority. A. The planning director shall administer and enforce this chapter. The planning director may be provided with the assistance of such other persons as the planning director may supervise and those assistants shall have essentially the same responsi- bilities as directed by the planning director. B. The planning director may in the administra- tion of this chapter consult with other persons having expertise in relevant subject areas as in the planning director's opinion is necessary for the review of the proposed development or administra- tion of the chapter. C. If the planning director shall find that any of the provisions of this chapter are being violated, the planning director shall notify in writing the person responsible for such violations, indicating the na- ture of the violation and ordering the action neces- sary to correct it. The planning director shall order discontinuance of illegal use of land, illegal addi- tions, alterations or structural changes; discontinu- ance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or prevent violation of its provi- sions. (Ord. No. 1645, § 18.64.020, 8-15-2005; Ord. No. 1693, § 23(18.64.020), 2-20-2007; Ord. No. 1761, exh. M(18.64.020), 7-6-2009) Sec. 38.34.030. Enforcement; planning director. This chapter shall be enforced by the planning director and authorized representatives. No devel- § 38.34.030UNIFIED DEVELOPMENT CODE CD38:269PROOFS opment approval, subdivision approval, building permit or business or occupational use license shall be issued, except in compliance with the provisions of this chapter. (Ord. No. 1645, § 18.64.030, 8-15-2005; Ord. No. 1693, § 23(18.64.030), 2-20-2007; Ord. No. 1761, exh. M(18.64.030), 7-6-2009) Sec. 38.34.040. Stop-work order by planning di- rector, building official, city en- gineer authority. Whenever any subdivision, development or build- ing work is being done contrary to the provisions of this chapter, the planning director shall order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the planning director to proceed with the work. The building official or city engineer may also issue a stop-work order when building work is being done contrary to the provi- sions of this chapter. (Ord. No. 1645, § 18.64.040, 8-15-2005; Ord. No. 1693, § 23(18.64.040), 2-20-2007; Ord. No. 1761, exh. M(18.64.040), 7-6-2009) Sec. 38.34.050. Permission to enter. The city commission, or its designated agents, may conduct such investigations, examinations and site evaluations as they deem necessary to verify the information supplied. The submission of material or a plat for review shall constitute a grant of permis- sion to enter the subject property. The grant of permission shall continue until all final actions required by the approval process have been com- pleted. (Ord. No. 1645, § 18.64.050, 8-15-2005; Ord. No. 1693, § 23(18.64.050), 2-20-2007; Ord. No. 1761, exh. M(18.64.050), 7-6-2009) Sec. 38.34.060. Inaccurate or incomplete infor- mation and waivers. A. The city shall review each submitted appli- cation for completeness and sufficiency as de- scribed in sections 38.03.040 and 38.19.070. B. The final approval body may withdraw ap- proval or conditional approval of a preliminary plat or other development approval if they determine that information provided by the applicant, and upon which approval or conditional approval of the preliminary plat or other development was based, is inaccurate or incomplete. 1. Within 30 calendar days following approval or conditional approval of a preliminary plat or other development application, any person or agency that claims that informa- tion provided by the applicant is inaccurate or incomplete may submit the information and proof to the planning department. 2. The planning department shall investigate the claim, the accompanying information and proof, and make a report to the final approval authority (city commission or the planning director) within 30 working days after receipt of the information. If the final approval authority is the city commission, the commission shall consider the informa- tion and proof, and shall make a determi- nation regarding the claim at a regular meeting. Notice of the meeting or presen- tation of the report shall be given to the claimant and the applicant. (Ord. No. 1645, § 18.64.060, 8-15-2005; Ord. No. 1693, § 23(18.64.060), 2-20-2007; Ord. No. 1761, exh. M(18.64.060), 7-6-2009) Sec. 38.34.070. Coordinated reviews. When a proposed subdivision, development or use is also proposed to be annexed to the city, the city shall coordinate the development review and annexation procedures to minimize duplication of hearings, reports, and other requirements whenever possible. The city commission shall also hold joint public hearings on the initial zoning and the annex- ation whenever possible. Based upon the circum- stances of proposed development the city may require sequential review of applications. (Ord. No. 1645, § 18.64.070, 8-15-2005; Ord. No. 1693, § 23(18.64.070), 2-20-2007; Ord. No. 1761, exh. M(18.64.070), 7-6-2009) § 38.34.030 BOZEMAN MUNICIPAL CODE CD38:270PROOFS Sec. 38.34.080. Date of submittal and associated review standards. A.Subdivision.Review and approval or disap- proval of a subdivision under these regulations may occur only under those regulations in effect at the time a subdivision application for approval of a preliminary plat is deemed sufficient according to section 38.03.040 or for an extension under article 3 of this chapter is submitted to the city. B.Nonsubdivision.Review of nonsubdivision applications shall be under such regulations as are in effect at the time an application for approval of a preliminary site plan is deemed complete according to section 38.19.070; except that an interim zoning ordinance adopted according to MCA 76-2-306 shall apply to a nonsubdivision application without limitation to the date of completeness of the appli- cation until final action has been taken on the application.An applicant may waive, in writing, the shield from changing ordinances established by this section. In the event that such waiver is provided, the nonsubdivision application shall be reviewed under the ordinances in effect on the date of the final action on the application. (Ord. No. 1645, § 18.64.080, 8-15-2005; Ord. No. 1693, § 23(18.64.080), 2-20-2007; Ord. No. 1761, exh. M(18.64.080), 7-6-2009) Sec. 38.34.090. Planning director and building official; plan application check- ing; notice of noncompliance. A. It is the intent of this chapter that the plan- ning director and building official, shall check all development plans and applications for permits for compliance with this chapter both before and during construction. B. If, during this procedure, the planning direc- tor and/or the building official deems that the proposed plan or construction does not comply with this chapter, the planning director and/or building official shall inform the applicant of the infraction and shall stop all construction on the project until such time as the applicant, builder or principal revises such plan to conform to this chapter and/or fulfills the requirements of any mandated review procedure as set forth in this chapter. (Ord. No. 1645, § 18.64.090, 8-15-2005; Ord. No. 1693, § 23(18.64.090), 2-20-2007; Ord. No. 1761, exh. M(18.64.090), 7-6-2009) Sec. 38.34.100. Building permit requirements. A. No building or other structure shall be erected, moved, added to or structurally altered and no land use shall be changed without valid permits as prescribed in this article. 1. Only minor site surface preparation and normal maintenance shall be allowed prior to conditional approval by the appropriate review authority and the issuance of a building permit, providing that such activ- ity does not include excavation for founda- tions or the removal of mature, healthy vegetation. Minor site surface preparation means disturbing less than one-half acre, movement of 30 cubic yards or less of material, or a cut or fill of less than cumu- lative one foot whichever is less. Any excavation and site disturbance must be in conformance with an approved stormwater control plan. Upon conditional approval by the appropriate review authority, excava- tion for foundations and the preparation of forms may occur. However, no concrete shall be poured and no further construction shall commence until final site or sketch plan approval has been granted and until building permits have been issued. Proceed- ing prior to building permit issuance is at the hazard of the landowner. a. Exception: When construction and funding of public streets are occurring under the provisions of article 20 of this chapter, Planned Unit Develop- ment (PUD), the issuance of building permits may be allowed prior to com- pletion of infrastructure improve- ments, pursuant to the provisions es- tablished in article 39 of this chapter. § 38.34.100UNIFIED DEVELOPMENT CODE CD38:271PROOFS 2. Building permit. Within the limits of the city, building permits shall be obtained by following the latest version of the Interna- tional Building Code (International Code Council, 5360 South Workman Mill Road, Whittier, California) adopted by the city. 3. The building permit shall be obtained by application to the building official. Appli- cations shall be accompanied by plans in duplicate, drawn to scale showing the ac- tual dimensions and shape of the lot to be built upon; the legal description of the parcel; the exact sizes and location on the lot of buildings already existing, if any; the location and dimensions of the proposed buildings or alternatives; and two copies of the approved site plan or sketch plan as approved under articles 19, 20, etc., of this chapter. 4. One copy of the plans shall be returned to the applicant after the building official and planning director have marked each copy either as approved or disapproved and at- tested to same by their signatures. The second copy similarly marked shall be re- tained by the building department. 5. Approval of any plan that has been granted based upon false information provided by the applicant shall be deemed void without requirement for further action by the city. 6. Based upon an approved sketch, site plan, certificate of appropriateness, conditional use permit or planned unit development (hereinafter referred to as "plan"), and after any appeals have been resolved, a building permit for the site may be requested and may be granted, provided such building permit is granted within one year of plan approval. Prior to lapse of one year, the applicant may seek an extension of one additional year from the planning director. In such instances, the planning director shall determine that the terms and circum- stances have not significantly changed since the initial approval. (Ord. No. 1645, § 18.64.100, 8-15-2005; Ord. No. 1693, § 23(18.64.100), 2-20-2007; Ord. No. 1761, exh. M(18.64.100), 7-6-2009) Sec. 38.34.110. Permit issuance; conformity with regulations required. No permit or license of any type shall be issued unless in conformance with the regulations con- tained within this chapter. Permits issued on the basis of plans and applications approved by the building official and planning director authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrange- ment or construction at variance with that autho- rized shall be deemed a violation of this chapter, punishable as provided in this article. (Ord. No. 1645, § 18.64.110, 8-15-2005; Ord. No. 1693, § 23(18.64.110), 2-20-2007; Ord. No. 1761, exh. M(18.64.110), 7-6-2009) Sec. 38.34.120. Permits issued contrary to title deemed void. Any authorization, including without limitation subdivision approval, site plan approval or building permit, issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings or a revocation or nullification thereof, and any work undertaken or use established pursu- ant to any such building permit or other authoriza- tion shall be unlawful. (Ord. No. 1645, § 18.64.120, 8-15-2005; Ord. No. 1693, § 23(18.64.120), 2-20-2007; Ord. No. 1761, exh. M(18.64.120), 7-6-2009) Sec. 38.34.130. Expiration of permits. Every permit issued by the building official under the provisions of this chapter shall expire by limitation and become null and void if the building or work authorized by such permit has not com- menced within 180 calendar days from the date of § 38.34.100 BOZEMAN MUNICIPAL CODE CD38:272PROOFS such permits, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 calendar days. Before such work can be recom- menced, a new permit shall first be obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for the work, and provided further that such suspension or abandon- ment has not exceeded one year. (Ord. No. 1645, § 18.64.130, 8-15-2005; Ord. No. 1693, § 23(18.64.130), 2-20-2007; Ord. No. 1761, exh. M(18.64.130), 7-6-2009) Sec. 38.34.140. Fee schedule. A. The city commission shall establish a sched- ule of fees, charges and expenses and a collection procedure for reviews, permits, appeals and other matters pertaining to this chapter. The schedule of fees for the procedures listed below shall be set from time to time by the city commission by resolution. The fees shall be available in the office of the planning director and may be altered or amended only by the city commission. B. No subdivision, permit, zone change, site plan, conditional use, special temporary use, planned unit development, deviation or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the administrative design review staff, development review commit- tee, the design review board, the zoning commis- sion, the planning board or the city commission until fees have been paid in full. (Ord. No. 1645, § 18.64.140, 8-15-2005; Ord. No. 1693, § 23(18.64.140), 2-20-2007; Ord. No. 1761, exh. M(18.64.140), 7-6-2009) Sec. 38.34.150. Complaints of alleged violations; filing and recording. Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof shall be filed with the planning director. The planning director shall record properly such complaint and immediately investi- gate and take action thereon as provided by this chapter. (Ord. No. 1645, § 18.64.150, 8-15-2005; Ord. No. 1693, § 23(18.64.150), 2-20-2007; Ord. No. 1761, exh. M(18.64.150), 7-6-2009) Sec. 38.34.160. Violation; penalty; assisting or abetting; additional remedies. A. Violation of the provisions of this chapter or failure to comply with any of its requirements including violations of conditions and safeguards established in connection with the grant of vari- ances or conditional uses or any of the required conditions imposed by the planning director and/or city commission shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned or both, as set forth in state law regarding subdivision and zoning, and in addition shall pay all costs and expenses involved in the case except as stated in subsection D of this section. 1. Each day such violation continues shall be considered a separate offense and punish- able as such. 2. For violations relating to plats each sale, lease or transfer of each separate parcel of land in violation of any provision of these regulations or the Montana Subdivision and Platting Act shall be deemed a separate and distinct offense. B. The code compliance officer is authorized to issue a notice to appear under the provisions of MCA 46-6-310 to any violator of this chapter. C. The owner or tenant of any building, struc- ture, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. § 38.34.160UNIFIED DEVELOPMENT CODE CD38:273PROOFS D. If transfers not in accordance with these regulations or the Montana Subdivision and Platting Act are made, the city attorney shall commence action to enjoin further sales or transfers and compel compliance with all provisions of these regulations. The cost of the action must be imposed against the party not prevailing. E. When a violation has not been corrected by the property owner after written notice from the city, the enforcement officer or planning director may seek approval for filing at the county clerk and recorder's office a notice of violation or noncom- pliance. Such notice shall serve to advise potential purchasers of existing violations of this chapter or of on-going enforcement actions regarding a prop- erty. Such notice shall clearly state that the parcel or development on the parcel is in violation of this chapter and that correction of the violation must be made prior to the city approving additional devel- opment or redevelopment of the site. The notice shall also describe the nature of the violation and applicable citations to the relevant sections of this chapter. 1. When such a notice is to be filed the enforcement officer shall either: a. Through the office of the city attorney bring an action for civil and/or injunc- tive relief that requests a court order to record a notice of violation or noncompliance; or b. Schedule a public meeting to be held before the city commission with the intention of receiving an order from the city commission confirming the validity of the violation and the need for correction, and authorizing the recording of the notice of violation or noncompliance. Notice of such a hear- ing shall be provided as required by article 40 of this chapter. 2. When a violation has been corrected for which a notice of violation or noncompli- ance was filed, the city shall record a release of noncompliance indicating that the prior violation has been corrected. The property owner is responsible for notifying the planning department in writing of the correction of the violation or noncompli- ance. Upon receipt of such notification by the property owner, the enforcement officer shall conduct an inspection to verify cor- rection prior to the recording of the release. F. The city may maintain an action or proceed- ing in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of, any provision of this chapter. G. Violation of this chapter is a municipal in- fraction and may be punishable by a civil penalty as provided in section 24.02.040, in addition to other remedies of this section except that the court shall impose the following minimum civil penalties. 1. Each day such violation continues shall be considered a separate offense and punish- able as such. The minimum civil penalty for violation of this chapter by the same person for the same violation within a 12-month period shall be: a. First citation: $100.00. b. Second citation: $150.00. c. Third and subsequent citations: $200.00. d. The determining factor with respect to the civil penalty is the receipt of service of the citation and not the judgment. H. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. No. 1645, § 18.64.160, 8-15-2005; Ord. No. 1693, § 23(18.64.160), 2-20-2007; Ord. No. 1761, exh. M(18.64.160), 7-6-2009) § 38.34.160 BOZEMAN MUNICIPAL CODE CD38:274PROOFS ARTICLE 35. APPEALS, DEVIATIONS AND VARIANCE PROCEDURES Sec. 38.35.010. Purpose. A. This article is adopted: 1. To establish procedures for granting relief from the requirements of this chapter sub- ject to the standards of this article in order to preserve equitable implementation of the law, prevent special treatment to particular parties and preserve the various rights es- tablished by the state and United States constitutions of all persons subject to this chapter; 2. To provide through appeals of administra- tive interpretations a procedure for consid- eration of and resolution of disputes regard- ing the meaning and implementation of this chapter; 3. To provide through deviations a procedure for flexibility, as a means to support cre- ativity and excellence of design, in the application of the standards of this chapter in overlay districts and planned unit devel- opments as provided for in this chapter; 4. To provide through zoning variances a procedure for relief from the occasional inequities created by the physical standards of this chapter relating to zoning when such standards create a substantially unequal burden on a particular parcel of land in a fashion that would otherwise prevent the reasonable use of property, owing to phys- ical circumstances unique to that parcel; 5. To prohibit the granting of variances that would be contrary to the public interest and endanger public health, safety and welfare; 6. To provide through subdivision variances a procedure for relief from standards relating to platting requirements or improvements within public rights-of-way when such stan- dards would result in undue hardship and are not essential to the public health, safety and general welfare; and 7. To allow for appeals from decisions made by administrative staff approving, approv- ing with conditions or denying applications for development approval. B. The board of adjustment shall hear and de- cide variances and deviations as follows: 1. Authorize in specific cases such deviations from the terms of this chapter relating to zoning as will advance the intent and pur- poses of this chapter and meet the standards established for the granting of deviations; 2. Authorize in specific cases such zoning variances from the physical standards of this chapter, exclusive of those items in- cluded as subdivision variances, that will not be contrary to the public interest, where owing to special conditions a literal enforce- ment of the provisions will result in unnec- essary hardship, and so that the spirit of this chapter shall be observed and substantial justice done. C. The city commission shall hear and decide appeals of administrative decisions, variances and deviations as follows: 1. When reclaimed per section 38.34.010C. a. Authorize in specific cases such devi- ations from the terms of this chapter relating to zoning as will advance the intent and purposes of this chapter and meet the standards established for the granting of deviations; and b. Authorize in specific cases such zon- ing variances from the physical stan- dards of this chapter, exclusive of those items included as subdivision variances, that will not be contrary to the public interest, where owing to special conditions a literal enforce- ment of the provisions will result in § 38.35.010UNIFIED DEVELOPMENT CODE CD38:275PROOFS unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done. 2. Authorize in specific cases such subdivi- sion variances from the platting require- mentsandstandardsforimprovementswithin public rights-of-way required by this chap- ter where it is found that strict compliance would result in undue hardship and is not essential to the public health, safety and general welfare. 3. Consider appeals from decisions of the planning director regarding subdivision ex- emptions. 4. Consider deviations to standards of the title when proposed through a planned unit de- velopment. 5. Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an ad- ministrative official in the enforcement of this chapter or of any standards adopted pursuant thereto. An aggrieved person may appeal the final decision of the planning director in the manner provided in this article. (Ord. No. 1645, § 18.66.010, 8-15-2005; Ord. No. 1670, § 18.66.010, 8-28-2006; Ord. No. 1693, § 24(18.66.010), 2-20-2007; Ord. No. 1769, exh. L(18.66.010), 12-28-2009) Sec. 38.35.020. Hearingandnoticerequirements. A. There shall be a hearing before the board of adjustment or city commission for any appeal of administrative decisions and interpretations and for each application for any variance or deviation. The hearing shall be held at an appointed time and place. Testimony shall be taken by the BOA or commis- sion from persons interested in the application and from the planning department staff. B. The planning director or city clerk shall give public notice as required by article 40 of this chapter of all public hearings to be held before the BOA or city commission. Notification of appeal procedures shall be included in the initial posting and notice of the proposal, provided that an initial posting and notice is required by article 40 of this chapter. (Ord. No. 1645, § 18.66.020, 8-15-2005; Ord. No. 1670, § 18.66.020, 8-28-2006; Ord. No. 1693, § 24(18.66.020), 2-20-2007; Ord. No. 1769, exh. L(18.66.020), 12-28-2009) Sec. 38.35.030. Administrative project decision appeals. A. An aggrieved person may appeal the final decision of the planning director in the manner provided in this section. Any appeal of a final administrative decision to approve, approve with conditions or deny an application shall be an appeal on the basis of the information available to the planning director including this chapter, all submit- ted application materials, review and recommenda- tions by administrative staff or advisory bodies, public comment and such other materials as were available. Denial of requests for waiver or alteration of applicable regulations is not a decision subject to appeal of an administrative decision. This section shall also apply to decisions by the planning direc- tor regarding evasion of the Subdivision and Plat- ting Act per section 38.05.070. B. Application of appeal procedures. Appeals from administrative staff to the city commission or the courts are set forth in the various sections of this chapter. Said appeals are permitted under the pro- visions of this section in the manner set forth herein. 1. These appeal procedures shall apply to the decisions brought forth by the planning director. 2. Appeals shall be from the planning director to the city commission according to section 38.35.010. 3. In reviewing an appeal the city commission shall consider the application as if it were the original approval. C. Filing of notice of appeal. An appeal shall be taken by filing with the city clerk a notice of intent to appeal by 5:00 p.m. on the fourth business day § 38.35.010 BOZEMAN MUNICIPAL CODE CD38:276PROOFS following the final decision of the planning director, and a documented appeal and appeal fee within seven business days of the final decision of the planning director. Such notice of intent to appeal shall include the following: 1. The action of the planning director which is the subject of the appeal; and 2. The date of such action. D. Appeal contents. In all cases, the complete appeal application shall include, and shall not be deemed filed until, all of the materials required by section 38.41.140 is submitted. E. Notice of appeal. Once a complete appeal has been filed and a hearing date is set, notice of the appeal shall be provided in the same fashion as was required for notice of the initial application. The date, time and location for the public hearing on the appeal before the city commission shall be included in the required notice of the appeal. F. Scheduling of the hearing. Upon receipt of a complete appeal application the city clerk shall place the appeal on the next available regularly scheduled city commission agenda for scheduling. The city commission shall schedule the hearing of the appeal within 30 working days of the agenda item to set the hearing date. G. Material. The material to be considered by the city commission shall be the record of the project review, including the planning director's decision, in addition to materials that may be submitted during the processing and review of the appeal. 1. No less than 14 calendar days prior to the appeal hearing before the city commission the planning department shall transfer the entire record of the application to the city commission. 2. Any materials submitted by the appellant shall be provided to the city commission no less than 14 calendar days prior to the appeal hearing before the city commission. H. Procedure of the hearing. At the hearing on the appeal, the following procedure shall be fol- lowed: 1. Only arguments and evidence relevant to the application shall be presented. The pre- sentation shall be made in the following order, subject to such limitations, in time and scope as may be imposed at the discre- tion of the presiding officer: a. Explanation of the application and nature of the appeal and presentation by planning department staff; b. Presentation of position by the appli- cant and/or representative; c. Presentation by any person who is a proponent or an opponent of the ap- plication; and d. Motion, discussion and vote by the city commission. 2. No person making a presentation shall be subject to cross-examination except that members of the city commission and the city attorney may inquire of such person for the purpose of eliciting information and for the purpose of clarifying information pre- sented. I. Alternative actions available to the appellate body. At the conclusion of the hearing, the city commission shall approve, approve with conditions or deny the application. (Ord. No. 1645, § 18.66.030, 8-15-2005; Ord. No. 1670, § 18.66.030, 8-28-2006; Ord. No. 1693, § 24(18.66.030), 2-20-2007; Ord. No. 1769, exh. L(18.66.030), 12-28-2009) Sec. 38.35.040. Administrativeinterpretationap- peals. A. A request for appeal of an interpretation of this chapter, including classifications of use per article 7 of this chapter, shall be made by filing an application, with appropriate fees, with the city clerk within 30 calendar days of the interpretation decision. After receiving a completed application § 38.35.040UNIFIED DEVELOPMENT CODE CD38:277PROOFS the city clerk shall schedule a hearing at a regular commission meeting. In all cases, the complete application shall include, and shall not be deemed filed until all of the materials required by section 38.41.150 are submitted. B. The commission shall cause to be made such investigation of facts bearing on the application as will provide necessary information to ensure that the action on each such application is consistent with the intent and purpose of this chapter. During time of appeal all construction shall cease and shall not commence until approved by the city commis- sion. C. When interpreting the meaning of this chap- ter, subsections of the chapter shall be construed in a manner that will give effect to them all as the chapter derives its meaning from the entire body of text taken together. D. The concurring vote of four members of the commission shall be necessary to reverse any order, requirements, decisions or determination of any administrative official, or to decide in favor of the applicant. (Ord. No. 1645, § 18.66.040, 8-15-2005; Ord. No. 1693, § 24(18.66.040), 2-20-2007; Ord. No. 1769, exh. L(18.66.040), 12-28-2009) Sec. 38.35.050. Deviations. All requests for deviations in the neighborhood conservation overlay district, entryway overlay dis- tricts or through the PUD process shall be heard by the BOA. Deviations may only be applied for in conjunction with submittal of a development pro- posal of a type authorized by articles 19 and 20 of this chapter. Standards and criteria for award of deviations are contained in articles 16, 17 and 20 of this chapter. The concurring vote of four members of the BOA shall be necessary to grant requested deviations to this chapter. The granting of a devia- tion is an exercise of administrative power that can effect no change in the chapter. A deviation may be granted only in a specific instance permitting a nonconformity in order to accomplish the specific objectives of sections 38.16.070, 38.17.080, and 38.20.030D., and provided the standards and crite- ria imposed are met. Deviations shall not be granted for relief from procedural requirements, or to waive or vary the application of an ordinance provision imposing specific safety requirements, or to waive or vary the application of other ordinances or statutes. (Ord. No. 1645, § 18.66.050, 8-15-2005; Ord. No. 1670, § 18.66.050, 8-28-2006; Ord. No. 1693, § 24(18.66.050), 2-20-2007; Ord. No. 1769, exh. L(18.66.050), 12-28-2009) Sec. 38.35.060. Zoning variances. A.Application.A request for one or more vari- ance shall be made by filing an application, with appropriate fees, with the planning director at least 30 calendar days prior to the BOAhearing and shall be accompanied by the materials described in sec- tion 38.41.160. B.Investigation of facts.The BOAshall cause to be made such investigation of facts bearing on the application as will provide necessary information to ensure that the action on each such application is consistent with the intent and purpose of this chapter. C.Criteria for consideration and decision.In acting on an application for a variance, the BOA shall designate such lawful conditions as will secure substantial protection for the public health, safety and general welfare, and shall issue written deci- sions setting forth factual evidence that the variance meets the standards of MCA 76-2-323 in that the variance: 1. Will not be contrary to and will serve the public interest; 2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary hard- ship which would unavoidably result from the enforcement of the literal meaning of this chapter: a. Hardship does not include difficulties arising from actions, or otherwise be self-imposed, by the applicant or pre- § 38.35.040 BOZEMAN MUNICIPAL CODE CD38:278PROOFS vious predecessors in interest, or po- tential for greater financial returns; and b. Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regula- tions on previously lawful lots, and governmental actions outside of the owners control; 3. Will observe the spirit of this chapter, including the adopted growth policy, and do substantial justice; 4. In addition to the criteria specified above, in the case of a variance relating to the flood hazard provisions of article 31 of this chapter: a. Variances shall not be issued for areas within a floodway if any additional increase in flood elevations or veloc- ities after allowable encroachments into the floodway fringe would result; b. Variances shall only be issued upon: (1) A determination that the grant- ing of a variance will not result in increased flood hazards, pres- ent additional threats to public safety, be an extraordinary pub- lic expense, create nuisances, cause fraud, victimize the pub- lic, or conflict with existing state and local laws; (2) A determination that the pro- posed use would be adequately floodproofed as specified in ar- ticle 31 of this chapter; (3) A determination that a reason- able alternate location outside the floodplain is not available; (4) A determination that the vari- ance requested is the minimum necessary to afford relief, con- sidering the flood hazard; and (5) Approval of the state department of natural resources and conser- vation, upon request from the city, prior to formally approving any permit application that is in variance to these regulations. D.Authorization and limitations on approval. 1. The BOA may, after public notice and hearing, deny, approve or conditionally ap- prove all requests for variances meeting all the criteria of this section, including: a. Requests to modify dimensional or other numerical requirements of this chapter; b. Requests for multiple variances; c. Requests to modify flood hazard dis- trict requirements subject to the pro- visions of article 31 of this chapter, except that no variance shall be granted to allow construction of buildings within the floodway of a 100-year frequency flood as defined in title 76, chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.); and d. Requests for variances in conjunction with conditional use permits, except planned unit developments. Approv- als of all such variances shall be conditioned upon BOA approval of the conditional use permit. 2. The scope and extent of the variance shall be limited to the minimum relief necessary to provide reasonable use of the property. 3. In no case may the BOA grant variances to allow uses not already permitted pursuant to this chapter or alter administrative re- quirements of this chapter. Permission to change uses allowed on a parcel may be sought through a zone map amendment or an amendment to the text of the applicable zoning district. § 38.35.060UNIFIED DEVELOPMENT CODE CD38:279PROOFS 4. The concurring vote of four members of the BOA shall be necessary to effect any vari- ance of this chapter. 5. Notifications of approval for variances re- lated to flood hazard requirements of article 31 of this chapter shall notify the applicant that: a. The issuance of a variance to con- struct a building below the 100-year floodplain elevation will result in in- creased premium rates; and b. Such construction below the 100-year flood elevation increases risks to life and property. E.Effective time for BOA decisions; variances void when.The decision of the BOA shall be final except as provided in section 38.35.080. If a build- ing permit or land use permit is not obtained for the subject property within six months from the date of the BOA's decision, the variance shall be automat- ically canceled and become null and void. F.Variances.Variances are subject to MCA 76-2-321 through 76-2-328. (Ord. No. 1645, § 18.66.060, 8-15-2005; Ord. No. 1670, § 18.66.060, 8-28-2006; Ord. No. 1693, § 24(18.66.060), 2-20-2007; Ord. No. 1769, exh. L(18.66.060), 12-28-2009) Sec. 38.35.070. Subdivision variances. A.Procedure.The subdivider shall provide dur- ing the preapplication process, and include with the submission of the preliminary plat, a written state- ment describing the requested variance and the facts of hardship upon which the request is based. The planning board shall include their findings and conclusion regarding the requested variance in its recommendation to the city commission. The city commission shall then consider each variance at the public hearing on the preliminary plat. A public hearing may not be held on a variance in association with a first minor subdivision. B.Review criteria.Per MCA 76-3-506, a vari- ance to this chapter must be based on specific variance criteria, and may not have the effect of nullifying the intent and purpose of this chapter. The city commission shall not approve subdivision variances unless it makes findings based upon the evidence presented in each specific case that: 1. The granting of the variance will not be detrimental to the public health, safety, or general welfare, or be injurious to other adjoining properties; 2. Because of the particular physical surround- ings, shape or topographical conditions of the specific property involved, an undue hardship to the owner would result if strict interpretation of this chapter is enforced; 3. The variance will not cause a substantial increase in public costs; and 4. The variance will not, in any manner, place the subdivision in nonconformance with any other provisions of this chapter or with the city's growth policy. C.Variances from floodway provisions not au- thorized.The city commission may not, by subdi- vision variance, permit subdivision for building purposes in areas located within the floodway of a flood of 100-year frequency as defined in title 76, chapter 5, Montana Code Annotated (MCA 76-5- 101 et seq.). Any variances related to floodways shall meet the standards of section 38.35.060.C.4.a. D.Conditions.In granting subdivision vari- ances, the city commission may require such con- ditions as will, in its judgment, secure the objectives of this chapter. Any approval under this section shall be subject to the terms of the conditions designated in connection therein. Any conditions required shall be related both in purpose and scope with the relief sought through the variance. E.Statement of facts.When any variance from this chapter is granted, the motion of approval shall contain a statement describing the variance and conditions upon which the issuance of the variance is based. § 38.35.060 BOZEMAN MUNICIPAL CODE CD38:280PROOFS F.Planned unit development.Where the stan- dards and requirements of this chapter are proposed to be modified through a planned unit development, the applicable process shall be a deviation rather than a variance. G.Limitations on approvals.For subdivision variances, the variance approval shall be null and void if the final plat is not filed within the time allowed for final approval by the city commission decision. (Ord. No. 1645, § 18.66.070, 8-15-2005; Ord. No. 1693, § 24(18.66.070), 2-20-2007; Ord. No. 1769, exh. L(18.66.070), 12-28-2009) Sec. 38.35.080. Appeals from city commission or board of adjustment actions. A.Zoning variances.Any person or persons, jointly or severally, aggrieved by any decision of the BOA or city commission under this article, or any taxpayer, or any officer, department, board or bureau of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal in whole or in part and specifying the grounds of illegality. Such petition shall be presented to the court within the timeframe established by state law. B.Zoning decisions.An aggrieved person may appeal the approval, approval with conditions or denial of a development application acted upon by the BOA or city commission by presenting to a court of record a petition, duly verified, setting forth that such decision is illegal in whole or in part and specifying the grounds of illegality. Such petition shall be presented to the court within the timeframe established by state law. C.Subdivision appeals.A party identified in subsection C.1 of this section who is aggrieved by a decision of the city commission to approve, conditionally approve or disapprove a proposed preliminary plat or final subdivision plat, including variances, may, within 30 days after the decision, appeal to the Eighteenth Judicial District Court, Gallatin County, State of Montana. The petition must specify the grounds upon which the appeal is made. 1. The following parties may appeal under the provisions of this section: a. The subdivider; b. A landowner with a property bound- ary contiguous to the proposed subdi- vision or a private landowner within the county where the subdivision is proposed if that landowner can show a likelihood of material injury to the landowner's property or its value; and c. The county commission. 2. If the aggrieved person is the subdivider, they may bring an action in district court to sue the city to recover actual damages caused by a final action, decision, or order of the city commission or a regulation adopted pursuant to this article that is arbitrary or capricious. (Ord. No. 1645, § 18.66.080, 8-15-2005; Ord. No. 1670, § 18.66.080, 8-28-2006; Ord. No. 1693, § 24(18.66.080), 2-20-2007; Ord. No. 1769, exh. L(18.66.080), 12-28-2009) ARTICLE 36. TEXT AMENDMENTS* Sec. 38.36.010. Initiation of amendments and changes. A. The city commission may, from time to time, amend, supplement or change this chapter and the regulations appertaining thereto. An amendment, supplement or change may be initiated by the city commission, city manager, zoning commission, plan- ning board or upon petition from an owner of property within the city. B. The city commission, planning board or zon- ing commission may upon a vote of a majority of its members direct the initiation of an amendment to *State law reference—Alteration of zoning regula- tions, MCA 76-2-305. § 38.36.010UNIFIED DEVELOPMENT CODE CD38:281PROOFS this chapter and the regulations appertaining thereto. When one of these bodies initiates an amendment, the application shall be signed by the mayor, president of the planning board or chair of the zoning commission as applicable. C. Whenever any person or entity allowed to initiate an amendment desires a change in regula- tions, they may file with the planning department, on forms provided by the city for this purpose, an application duly signed and notarized by that person or authorized representative of that entity request- ing an amendment or change of regulations. 1. When the application initiated by an owner of property, bearing the property owners signature, is filed with the department it shall contain or be accompanied by: a. All the data and information pertinent to the understanding and judgment of the proposal, as may be prescribed by the commission for that purpose so as to ensure the fullest practicable pre- sentation of facts for the permanent record; and b. A notarized statement by at least one of the owners of property within the area subject to the proposed changes attesting to the truth and correctness of all facts and information presented with the petition. (Ord. No. 1645, § 18.68.010, 8-15-2005; Ord. No. 1769, exh. M(18.68.010), 12-28-2009) Sec. 38.36.020. Amendments; investigation re- quirements. Upon initiation of an amendment, the city shall cause to be made an investigation of facts bearing on such initiation or petition. The purpose of the investigation is to provide the necessary informa- tion to ensure that the action of each such petition is consistent with the intent and purpose of this chapter as set forth in section 38.01.040; this includes but is not limited to accordance with the city growth policy. Amendments only addressing zoning standards will be measured against the zoning purposes. Amendments which address only subdivision standards will be measured against the purposesrelatedtothesubdivisionpurposes.Amend- ments which apply to both zoning and subdivision standards will be reviewed against all the purposes. (Ord. No. 1645, § 18.68.020, 8-15-2005; Ord. No. 1769, exh. M(18.68.020), 12-28-2009) Sec. 38.36.030. Public hearing procedures and requirements. A. The city commission, zoning commission and/or planning board shall hold one or more public hearings on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity to be heard. Notice of such public hearings shall be provided as required by article 40 of this chapter. B. Any amendment to the text of the title shall be the subject of one or more public hearing before the city commission, after receiving a recommen- dation from the zoning commission and/or planning board as set forth in this section. C. The public hearings to be heard by the zoning commission and/or planning board shall be con- ducted by the bodies specified in this subsection: 1. Any amendment to the text of this chapter affecting only zoning provisions of this chapter shall be heard by the zoning com- mission. 2. Any amendment to the text of this chapter affecting only subdivisions shall be heard by the planning board. 3. Any amendment to the text of this chapter affecting both zoning and subdivision shall be heard as a joint hearing of the planning board and zoning commission with the president of the planning board to preside. When there is a question as to whether an amendment would affect both subdivision and zoning, the public hearing shall be jointly held. § 38.36.010 BOZEMAN MUNICIPAL CODE CD38:282PROOFS 4. After such hearing or hearings, the zoning commissionand/orplanningboardwillmake reports and recommendations on the peti- tion or initiation to the city commission. D. In the event that there is a question as to whether a proposed text amendment affects both zoning and subdivision, or only one of the subjects, the planning director shall determine which bodies must hold a public hearing. E. Recommendations to the city commission and other official actions by both the zoning com- mission and the planning board shall be only be official if made by at least a majority of a quorum of the body. (Ord. No. 1645, § 18.68.030, 8-15-2005; Ord. No. 1769, exh. M(18.68.030), 12-28-2009) Sec. 38.36.040. Protest text amendments. In the case of protest against such changes signed by the owners of 25 percent or more of either the area of the lots included in any proposed change, or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of two-thirds of the present and voting members of the city commission. (Ord. No. 1645, § 18.68.040, 8-15-2005; Ord. No. 1769, exh. M(18.68.040), 12-28-2009) ARTICLE 37. ZONING MAP AMENDMENTS* Sec. 38.37.010. Initiation of amendments and changes. A. The city commission may, from time to time, amend, supplement or change the zoning district maps appertaining to this chapter. An amendment, supplement or change may be initiated by the city commission, zoning commission or upon applica- tion from an owner of property within the city. B. The city commission or zoning commission may upon a vote of a majority of its members direct the initiation of an amendment to the zoning map. When either body initiates an amendment, the application shall be signed by the mayor or chair of the zoning commission as applicable. C. Whenever the property owner of any land or building desires a reclassification on the owner's property, they may file with the planning depart- ment an application requesting an amendment or change of regulations prescribed for such property. Applications for change of district boundaries or reclassification of districts as shown on the zoning district map shall be on forms supplied and pre- pared by the department. When the application, bearing property owner' signatures, is filed with the department it shall contain or be accompanied by: 1. All the data and information pertinent to the understanding and judgment of the pro- posal, as may be prescribed by the commis- sion for that purpose so as to ensure the fullest practicable presentation of facts for the permanent record; and 2. A notarized statement by at least one of the owners of property within the area pro- posed to be changed attesting to the truth and correctness of all facts and information presented with the application. D. Whenever an owner of any land within the city desires a reclassification on property that they do not own, such as a request to establish a different zoning classification for a block or other group of properties, they may file with the planning depart- ment on forms provided by the city for this purpose an application duly signed by the owners of no less than 51 percent of either the area of lots or number of lots of the affected property requesting an amend- ment for such property. When the application, bearing property owners signatures, is filed with the department it shall contain or be accompanied by: 1. All the data and information pertinent to the understanding and judgment of the pro- posal, as may be prescribed by the commis- *State law reference—Alteration of zoning regula- tions, MCA 76-2-305. § 38.37.010UNIFIED DEVELOPMENT CODE CD38:283PROOFS sion for that purpose so as to ensure the fullest practicable presentation of facts for the permanent record; and 2. A notarized statement by at least one of the owners of property within the area pro- posed to be changed attesting to the truth and correctness of all facts and information presented with the petition. An application containing less than the required number of signatures shall be considered incom- plete and invalid and shall not be processed. (Ord. No. 1645, § 18.70.010, 8-15-2005; Ord. No. 1769, exh. N(18.70.010), 12-28-2009) Sec. 38.37.020. Amendments and rezonings; in- vestigation requirements. Upon initiation of an amendment the city shall cause to be made an investigation of facts bearing on such initiation or application as will provide necessary information to ensure that the action of each such application is consistent with the intent and purpose of this chapter. Specifically the inves- tigation must address the criteria of MCA 76-02- 304 which are contained in section 38.01.040.C. (Ord. No. 1645, § 18.70.020, 8-15-2005; Ord. No. 1769, exh. N(18.70.020), 12-28-2009) Sec. 38.37.030. Public hearing procedures and requirements. A. The city commission and zoning commission shall hold public hearings on the matters referred to in such application at which parties of interest and citizens shall have an opportunity to be heard. B. The planning director shall give public notice as required by article 40 of this chapter. The planning director shall provide to the city commis- sion and zoning commission a report of the staff's analysis of the application. C. After such hearing or hearings, the zoning commission will make reports and recommenda- tions on the application to the city commission. D. After the zoning commission has forwarded a recommendation on the amendment to the zoning district map, a public hearing shall be held by the city commission for the purpose of acting upon the proposed amendment after public notice. 1. In the case of protest against such changes, signed by the owners of 25 percent or more of either the area of the lots included in any proposed change or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective ex- cept upon a favorable vote of two-thirds of the present and voting members of the city commission. The provisions of this subsec- tion D include the ability for an applicant to protest a possible decision to adopt a zon- ing less than originally requested when the applicant meets the same criteria as other affected landowners. 2. If the city commission intends to adopt a zoning designation different than that ap- plied for, the hearing will be continued for a minimum of one week to enable the applicant to consider their options and whether to protest the possible action. In the case of protest against a change to the zoning map by the applicant the same favorable vote of two-thirds of the present and voting members of the city commission is required as for any other protested zoning action. (Ord. No. 1645, § 18.70.030, 8-15-2005; Ord. No. 1769, exh. N(18.70.030), 12-28-2009) ARTICLE 38. SUPPLEMENTARY DOCUMENTS Sec. 38.38.010. General. When required, the supplementary documents described in this article shall be submitted in draft form with the preliminary plat or plan, and signed and notarized with the final plat or plan. The proper notary block shall be used. (Ord. No. 1645, § 18.72.010, 8-15-2005; Ord. No. 1693, § 25(18.72.010), 2-20-2007; Ord. No. 1709, § 14(18.72.010), 7-16-2007; Ord. No. 1761, exh. N(18.72.010), 7-6-2009) § 38.37.010 BOZEMAN MUNICIPAL CODE CD38:284PROOFS Sec. 38.38.020. Property owners' association. A. General. If common property is to be deeded to the property owners association or similar orga- nization, of if the property owners association will be responsible for the maintenance of the develop- ment's streets, centers, landscaping in street boule- vards, park land or pathways, property owners association bylaws or the declaration of covenants, conditions and restrictions shall be prepared and recorded with the final plat. B. Bylaws or covenants, conditions and restric- tions contents. The property owners' association bylaws or declaration of covenants, conditions and restrictions shall contain the following information: 1. Membership. Automatic and mandatory membership for each property or unit buyer and any subsequent buyer. 2. Common land/facilities. The legal descrip- tion of the common land and a description of common facilities. 3. Enforcement. Persons or entities entitled to enforce the restrictions, responsibilities and payment of assessments, including the city. 4. Perpetual reservation. Perpetual reservation and limited use of common property. 5. Right to use. The right of each property or unit owner to use and enjoyment of any common property or facility. 6. Responsibility. Responsibility for liability insurance, any applicable tax assessments and the maintenance of any common prop- erty or facilities to be placed in the associ- ation. 7. Assessments. A mechanism to assess the common expenses for the land or facilities including upkeep and maintenance ex- penses, real estate taxes and insurance pre- miums.Assessments shall require each prop- erty or unit owner to pay a pro rata share of the cost of any common expenses, with any assessment charged by the association be- coming a lien where necessary on individ- ual parcels. Safeguards against unreason- ably high charges and provision to adjust assessments may be provided. 8. A mechanism for resolving disputes among the owners or association members. 9. The conditions and timing of the transfer of ownership and control of land facilities to the association. 10. Any other matter the developer or the city deems appropriate. 11. In the event it becomes necessary for a property owners association to retain an attorney to enforce any of the association bylaws or covenants, conditions and restric- tions, then the prevailing party shall be entitled to reasonable attorney's fees and costs. C. If the property owners association fails to install or maintain improvements according to ap- proved plans, the city may, at its option, complete construction of improvements and/or maintain im- provements in compliance with section 38.38.030 and article 39 of this chapter. The city's representa- tive, contractors and engineers shall have the right to enter upon the property and perform such work, and the property owners association shall permit and secure any additional permission required to enable them to do so. The city shall bill the property owners association for any costs associated with the installation or maintenance of improvements. (Ord. No. 1645, § 18.72.020, 8-15-2005; Ord. No. 1693, § 25(18.72.020), 2-20-2007; Ord. No. 1709, § 14(18.72.020), 7-16-2007; Ord. No. 1761, exh. N(18.72.020), 7-6-2009) Sec. 38.38.030. Covenants. A. The city may require covenants to be re- corded with the final plat when it is determined they are necessary for the protection of the public health, safety and general welfare. All covenants shall be considered to run with the land. If the covenants are not marked or noted on the final subdivision plat, they shall be contained in a separate instrument § 38.38.030UNIFIED DEVELOPMENT CODE CD38:285PROOFS which shall be recorded with the final plat. The covenants may be required to include, but are not limited to, the following provisions: 1. That all county declared noxious weeds will be controlled. 2. A section addressing agricultural uses of neighboringpropertiesinthefollowingform: "Lot owners and residents of the subdi- vision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farm- ing practices can result in dust, animal odors and noise, smoke, flies, and machin- ery noise. Standard agricultural practices feature the use of heavy equipment, chem- ical sprays and the use of machinery early in the morning and sometimes late into the evening." 3. That all fences bordering agricultural lands shall be maintained by the landowners in accordance with state law. 4. The property owners association shall be responsible for the maintenance of subdivi- sion streets, common open space, centers, pathways, landscaping in street boulevards and/or parks. 5. That any covenant which is required as a condition of the preliminary plat approval and required by the city commission may not be amended or revoked without the mutual consent of the owners in accordance with the amendment procedures in the cov- enants, and the city commission. 6. The condition and timing of the transfer of the property owners association from devel- oper to the subsequent purchasers. 7. Common area and facility maintenance plan. The developer shall submit a legal instru- ment setting forth a plan providing for the permanent care and maintenance of com- mon areas and facilities. These common areas and facilities shall include but are not limited to commonly owned open spaces, recreational areas, facilities, private streets and parking lots. These common areas and facilities shall also include but are not limited to public parks, squares, open space, recreation areas, trails, as well as any public streets, avenues and alleys not accepted by the city for maintenance. The same shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. If the common areas are deeded to a property owners associa- tion, the applicant shall record the proposed documents governing the association at the time of final plat filing. Such documents shall meet the following requirements: a. The property owners association must be established before any residences or other properties are sold; b. Membership in the association must be mandatory for each property owner with a specified method of assigning voting rights; c. Open space restrictions must be per- manent and not for a period of years; d. The property owners association must be made responsible for liability in- surance, taxes, and maintenance of common facilities; e. The association must have the power to levy assessments which can be- come a lien on individual premises for the purpose of paying the cost of operating and maintaining common facilities; and f. The governing board of any such association shall consist of at least five members who shall be owners of property in the development. 8. Commonareaandfacilitymaintenanceguar- antee. In the event the organization or any successor organization established to own and maintain common areas and facilities, shall at any time fail to maintain the com- mon areas or facilities in reasonable order § 38.38.030 BOZEMAN MUNICIPAL CODE CD38:286PROOFS and condition in accordance with the ap- proved plan, the city commission may cause written notice to be served upon such orga- nization or upon the owners of property in the development. The written notice shall set forth the manner in which the common areas or facilities have failed to be main- tained in reasonable condition. In addition, the notice shall include the demand that the deficiencies noted be cured within 30 days thereafter and shall state the date and place of a public meeting to be held within 14 days of the notice. At the time of public meeting, the city commission may modify the terms of the original notice as to defi- ciencies and may extend the time within which the same may be cured. If the defi- ciencies set forth in the original notice or modifications are not cured within the time set, the city may enter upon such common facilities and maintain the same for a period of one year, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance. Such entry and maintenance shall not vest in the public any right to use the common facilities not ded- icated to public use. Before the one year period expires, the commission shall, upon its own initiative or upon written request of the organization theretofore responsible for maintenance, call a public meeting and give notice of such meeting to the organization responsible for maintenance or the property owners of the development. At the hearing, the organization responsible for mainte- nance and/or the residents of the develop- ment may show cause why maintenance by the city should not be continued for a succeeding year. If the city commission determines that it is not necessary for the city to continue such maintenance, the city shall cease such maintenance at the time established by the city commission. Other- wise the city shall continue maintenance for the next succeeding year subject to a simi- lar meeting and determination at the end of each year thereafter. a. The cost of maintenance by the city shall be a lien against the common facilities of the development and the private properties within the develop- ment. The city commission shall have the right to make assessments against properties in the development on the same basis that the organization re- sponsible for maintenance of the fa- cilities could make such assessments. Any unpaid assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. The city may further foreclose its lien on the common facility by certifying the same to the county treasurer for col- lection as in the case of collection of general property taxes. b. Should the property owners associa- tion request that the city assume per- manent responsibility for maintenance of facilities, all facilities shall be brought to city standards prior to the city assuming responsibility. The as- sumption of responsibility must be by action of the city commission and all costs to bring facilities to city stan- dards shall be the responsibility of the property owners association. The city may create special financing mecha- nisms so that those properties within the area affected by the property own- ers association continue to bear the costs of maintenance. c. These common areas and facilities shall include but are not limited to commonly owned open spaces, recre- ational areas, facilities, private streets and parking lots. These common areas and facilities shall also include but are not limited to public parks, squares, § 38.38.030UNIFIED DEVELOPMENT CODE CD38:287PROOFS open space, recreation areas, trails, as well as any public streets, avenues and alleys not accepted by the city for maintenance. d. The city shall assume permanent re- sponsibility for maintenance of public areas and facilities when a dedicated funding mechanism is adopted. 9. Guaranteeforopenspacepreservation.Open space shown on the approved final plan or plat shall not be used for the construction of any structures not shown on the final plan. 10. Covenantsmaynotcontainprovisionswhich inhibit compliance with the requirements of chapter 10, article 8, for those develop- ments subject to chapter 10, article 8. Some examples are: privately required minimum home or lot sizes which can not be met. (Ord. No. 1645, § 18.72.030, 8-15-2005; Ord. No. 1693, § 25(18.72.030), 2-20-2007; Ord. No. 1709, § 14(18.72.030), 7-16-2007; Ord. No. 1761, exh. N(18.72.030), 7-6-2009) ARTICLE 39. IMPROVEMENTS AND GUARANTEES Sec. 38.39.010. Purpose and applicability. A. This article is to provide standards and pro- cedures relating to the installation of physical im- provements and compliance with requirements re- lated to development. As these improvements are necessary to meet requirements of the law and to protect public health, safety and general welfare and other purposes of this chapter it is also necessary to provide means by which their installation can be ensured. Such improvements may include, but are not limited to, design elements such as landscaping, parking facilities, storm drainage facilities, archi- tectural features, pedestrian walkways and public utilities. Furthermore, in some situations it is in the best interest of the person conducting development to be able to guarantee the completion of certain work and be able to begin utilization of a develop- ment sooner than would otherwise be possible if all improvements had to be physically installed before use could begin. This article therefore has the following purposes: 1. Ensure completion of required improve- ments or compliance with other require- ments of development to an acceptable standard; 2. Provide buyer/lessee protection while al- lowing a person undertaking development to proceed with sales/leases before the proj- ectistotallycomplete,especiallymultiphased projects; 3. Ensure adequate warranty or maintenance, when appropriate, of improvements; 4. Provide for mechanisms to ensure perfor- mance of or conformance with conditions of approval or development requirements; and 5. Accomplish the purposes listed in this sub- section A through mechanisms that reduce the need to rely on costly litigation to accomplish those purposes. B. This article applies to all subdivisions and site developments as described as follows: 1. Subdivisions shall install or provide secu- rity for installation of improvements prior to final platting as set forth in detail in this article. 2. Site developments including, site plans, conditional use permits, planned unit devel- opments, reuses and certificates of appro- priateness, shall install improvements or provide security for installation prior to occupancy or commencement of use. 3. The city may determine the nature and timing of required installation of improve- ments as part of the subdivision or site development process. When necessary to protect the health, safety, and general wel- fare of the public, and ensure the function § 38.38.030 BOZEMAN MUNICIPAL CODE CD38:288PROOFS and viability of development, certain needed improvements may not be allowed to be financially guaranteed. (Ord. No. 1645, § 18.74.010, 8-15-2005; Ord. No. 1693, § 26(18.74.010), 2-20-2007; Ord. No. 1761, exh. O(18.74.010), 7-6-2009; Ord. No. 1769, exh. O(18.74.010), 12-28-2009) Sec. 38.39.020. Standards for improvements. A.General.It shall be the responsibility of the developer to comply with the following procedures and standards for the installation of development improvements, including parks. 1.Construction routes.For all developments, excluding sketch and reuse/further develop- ment, a construction route map shall be provided showing how materials and heavy equipment will travel to and from the site. The route shall avoid, where possible, local or minor collector streets or streets where construction traffic would disrupt neighbor- hood residential character or pose a threat to public health and safety. 2.Protection of existing improvements.The developer, and the developer's contractors and suppliers shall be jointly and severally responsible to ensure that existing improve- ments are not damaged or rendered less useful by the operation of the developer, and the developer's contractors or suppliers. Such protection of improvements may in- clude requirements for cleaning of vehicles leaving a construction site. This provision is intended to preclude damage to existing roads, streets, water, sewer and drainage systems. The city engineer may instruct the developer as to the streets or roads to be used for access by construction equipment, and the developer shall be responsible for enforcement of this instruction upon the developer's contractors and their suppliers. The city may require the developer to post a surety to guarantee repair of damages. B.Improvements to be dedicated to the public. 1.Plans and specifications.Engineering and survey plans, specifications and reports re- quired in connection with public improve- ments and other elements of the subdivi- sion, or other development required by the city, shall be prepared by a registered engi- neer and/or a registered land surveyor, li- censed in the state, as their respective licensing laws allow. The plans and speci- fications shall be prepared in compliance with the city's design standards and speci- fications policy and/or park design stan- dards as is applicable. Plans and specifica- tions for nonengineering improvements shall be prepared by a person whose qualifica- tions are acceptable to the city department with responsibility for the type of improve- ments. Plans and specifications for nonengineering improvements shall be pre- pared in compliance with any applicable adopted design standards and specifications policy. 2.Scope of work.The intent of these regula- tions is to provide standards by which the contractor and the developer shall execute their respective responsibilities and guaran- tee proper construction and completion in every detail of the work in accordance with the plans, specifications and terms set forth under these regulations. a. The developer shall furnish the plans, specifications and typical sections for approval by the city. It shall be under- stood that the work to be done will not necessarily be limited to occurring within the right-of-way or park bound- aries. b. The city has authority to make or cause to be made any reasonable changes, alterations, amendments and additions to the standard specifica- tions for infrastructure or park im- provements. § 38.39.020UNIFIED DEVELOPMENT CODE CD38:289PROOFS 3.Control of work.During the course of construction, and at the completion of each phase of the project, the developer's regis- tered civil engineer, or other person accept- able to the city, shall submit a statement that the improvements have been inspected and found to have been constructed in accordance with the approved plans and specifications. Prior to making any changes, the developer's engineer shall notify and receive written approval or disapproval from the city for any changes in approved plans and specifications. 4.Improvement procedure. a. Approval of the improvement plans and specifications shall be completed before installation of improvements or the entering into of an agreement where surety is to be provided for the completion of the improvements. b. The procedure for submittal, review and approval of improvement plans and specifications is contained in the city's design standards and specifica- tions policy, and shall be followed by the developer and/or the developer's contractors. All plans and specifica- tions related to park and public trail improvements shall be submitted to the parks division for review and ap- proval. c. After the preliminary plat has re- ceived approval or conditional ap- proval, and before the final plat is submitted, the developer shall either install the required improvements or enter into an agreement with the city financially guaranteeing the installa- tion and performance of the improve- ments. d. After the final site plan is approved, subject to section 38.39.030.C, and prior to occupancy of any buildings, the developer shall either install the required improvements or enter into an agreement with the city financially guaranteeing the installation and per- formance of the improvements. 5.Sanitary facilities.Water supply, sewage disposal and solid waste disposal systems shall meet the minimum standards of the city and the state department of environ- mental quality as required by MCA 76-4- 101 through 76-4-135, and regulations ad- opted pursuant thereto, and are subject to the approval of the city. C.Private improvements.Improvements shall be constructed as shown on the approved final site plan, final plat, or plans and specifications, as may be applicable. The developer is responsible for coordinating installation with all necessary parties and to restore to its original condition any public improvements or any private improvements or prop- erty damaged during installation of private improve- ments. (Ord. No. 1645, § 18.74.020, 8-15-2005; Ord. No. 1693, § 26(18.74.020), 2-20-2007; Ord. No. 1761, exh. O(18.74.020), 7-6-2009; Ord. No. 1769, exh. O(18.74.020), 12-28-2009) Sec. 38.39.030. Completion of improvements. A.General.The applicant shall provide certifi- cation by the architect, landscape architect, engi- neer or other applicable professional that all im- provements to be dedicated to the public were installed in accordance with the approved site plan, plans and specifications, or plat as applicable. For required private improvements, the applicant shall provide certification by the architect, landscape architect, engineer or other applicable professional that all improvements, including, but not limited to, landscaping, ADA accessibility requirements, pri- vate infrastructure, or other required elements were installed in accordance with the approved site plan, plans and specifications, or plat as applicable, unless a waiver of certification in whole or part is explicitly approved by the DRC. 1.Improvements to be dedicated to the public. Improvements to be dedicated to the public, § 38.39.020 BOZEMAN MUNICIPAL CODE CD38:290PROOFS such as water mains, sewer mains, park land and related improvements, and public streets, shall be installed in accordance with the approved plans and specifications by the developer, and certified by a registered professional civil engineer, licensed in the state, and accepted by the city prior to the approval of the final plat, building permit, issuance of a certificate of occupancy or other identified benchmark as may be ap- propriate.As-built drawings complying with the city's design standards and specifica- tions policy, including timing for submittal of materials, shall be provided. a. Public street means a public right-of- way or easement developed to ad- opted city standards including, but not limited to, the following improve- ments: curbs, gutters, storm drainage, sidewalks, paving, traffic control signage or equipment, and lighting. 2.Private improvements and other required improvements.Improvements, such as, but not limited to, private parks or open space, landscaping, paving or irrigation shall be installed in accordance with the approved preliminary plat or final site plan by the developer and inspected and found to com- ply with the city standards or requirements prior to the approval of the final plat, issuance of a certificate of occupancy for the building or site, or other identified benchmark as may be appropriate. All im- provements required as part of a subdivi- sion must be installed and accepted, or financially secured in accordance with an improvements agreement, prior to final plat approval. 3.Improvements agreement required.All im- provements necessary or required to meet the standards of this chapter or conditions of approval shall be the subject of an improvements agreement and be guaran- teed if final plat approval, occupancy of buildings or other utilization of an ap- proved development is allowed before the improvements are completed and inspected by the city. a.Reservation.The city reserves the right to require actual installation of im- provements prior to occupancy when such improvements are necessary to provide for health, safety and welfare or adequate function of systems or on-site development. B.Completion time for subdivisions. 1.Improvements.All subdivision improve- ments, including parks, shall be constructed and completed as approved by the city. a. All improvements shall be installed prior to the issuance of a building permit for any lot within a subdivision unless otherwise provided for in de- velopment proposals occurring under the provisions of article 20 of this chapter, planned unit development (PUD), when concurrent construction is an identified purpose of the initial project review, and pursuant to the criteria established in subsection D of this section. b. The subdivider shall meet one of the following requirements for comple- tion of street improvements. The op- tion shall be specified in the prelimi- naryplatsubmittal.Shouldtheapplicant not identify which option is desired, the option presented in subsection B.1.b.(1) of this section shall be re- quired. Altering the choice of option after approval of the development shall constitute a material modification to the project and require re-review of the project for modification to the approval subject to the provisions of section 38.01.070. (1) The subdivision streets improve- ments shall be installed prior to final plat approval. This require- § 38.39.030UNIFIED DEVELOPMENT CODE CD38:291PROOFS ment may be modified by the city engineer for streets where dictated by circumstances, and where acceptable improvement security for the ultimate devel- opment of the streets is pro- vided. However, under no cir- cumstances shall the required gravel courses, curbs or gutters bewaived.Thisrequirementshall generally not be modified for nonresidential developments; or (2) The subdivider shall enter into animprovementsagreementguar- anteeing the completion of the paving, curb, gutter, storm drain- age, street lighting or other street infrastructure improvements not yet completed. The improve- ments agreement shall be finan- cially guaranteed, as explained in this article. However, at a minimum, the plans and specifi- cations for the street improve- ments must be approved by the city engineer prior to final plat approval. Building permits will not be issued until the street improvements are completed and accepted by the city unless oth- erwise provided for in develop- ment proposals occurring under the provisions of article 20 of this chapter, planned unit devel- opment (PUD), and pursuant to the criteria established in subsec- tion D of this section; or (3) The subdivider may request that street improvements be guaran- teed by the creation of a special improvements district (SID). If a SID is formed for the improve- ments, the SID bonds must be sold before the final plat can be filed. SIDs shall not be permit- ted for the installation of subdi- vision water and sewer improve- ments. Building permits will not beissueduntilthestreetimprove- ments are completed and ac- cepted by the city unless other- wise provided for in development proposals occurring under the provisions of article 20 of this chapter, Planned Unit Develop- ment (PUD), and pursuant to the criteria established in subsection D of this section. 2.Sidewalks.City standard sidewalks (includ- ing a concrete sidewalk section through all private drive approaches) shall be con- structed on all public and private street frontages prior to occupancy of any struc- ture on individual lots. Should a subdivider choose not to install all sidewalks prior to final plat, an improvements agreement shall be entered into with the city guaranteeing the completion of all sidewalks within the subdivision within a three-year period. The developer shall supply the city with an acceptable method of security equal to 150 percent of these remaining sidewalk im- provements. a. The subdivider shall install sidewalks adjacent to public lands, including, but not limited to, parks, open space, andtheintersectionofalleysandstreets or street casements. Sidewalks in these areas shall be installed prior to final plat approval, or shall be subject to an approvedimprovementsagreementand financially guaranteed. b. Upon the third anniversary of the plat recordation of any phase of the sub- division, any lot owner who has not constructed said sidewalk shall, with- out further notice, construct within 30 days, said sidewalk for their lot, re- gardless of whether other improve- ments have been made upon the lot. § 38.39.030 BOZEMAN MUNICIPAL CODE CD38:292PROOFS 3.Subdivision lighting.Subdivision lighting, as required in section 38.23.150shall be incorporated into all subdivisions. Prior to final plat approval, subdivision lighting shall be installed or financially guaranteed. If the subdivision lighting is financially guaranteed, they shall be considered as part of the required street improvements and building permits shall not be issued until the improvements are installed, unless oth- erwise provided for in development propos- als occurring under the provisions of article 20 of this chapter, Planned Unit Develop- ment (PUD), and pursuant to the criteria established in subsection D of this section. C.Completion time for site development.When- ever any building lots and/or building sites are created inside the city limits, and prior to the issuance of any building permits on such lots or sites, municipal water distribution systems, and municipal sanitary sewer collection systems, and streets shall be provided to the site. Each building site must utilize and be connected to both the municipal water distribution and municipal sanitary sewer collection systems. Subject to the provisions of subsection C.1 of this section, these improve- ments shall be designed, constructed and installed according to the standards and criteria as adopted by the city and approved by both the city engineer and water and sewer superintendent prior to the issuance of any building permits. 1. Provision of municipal central water distri- bution, municipal sanitary sewer collection systems, and streets means that the criteria in either subsection a or subsections b and c are met: a. Water, sewer and street services are installed and accepted by the city with service stubs being extended into the site, with such stubs being of adequate size to provide water and sewer ser- vicetotheproposeddevelopmentwith- out modification to publicly owned infrastructure; or b. The water mains, sewer mains and streets to be extended to provide ser- vice to the development are: located within a publicly dedicated right-of- way or casement; constructed to cityn standards; are physically adjacent to the site proposed for construction; are installed and accepted by the city; and are adequate in capacity to provide necessary service to the proposed de- velopment; and comply with the re- quirements of this subsection C.1.b and subsection C.1.c of this section; c. Water mains, sewer mains and streets shall meet the following require- ments: (1) Any required on-site extensions of water mains, sewer mains or streets to be dedicated to the public shall be located entirely within publicly held casements or rights-of-way; shall serve only a single lot; are the subject of an irrevocable offer of dedication to the city upon completion of the project; the development is un- der the control of a single devel- oper who shall retain control of the entire project until final com- pletion; all work is under the supervision of a single general contractor; and no subdivision of land is involved; (2) The DRC shall determine when the standards of this subsection C.1 are met. The fire department must consider whether adequate fire protection services are avail- able from existing hydrants, and water supply exists to meet needs during construction. If adequate fire protection does not exist thenconcurrentinfrastructureand building construction may only occur under the provisions of § 38.39.030UNIFIED DEVELOPMENT CODE CD38:293PROOFS subsection C.1.c.(3) of this sec- tion. Based on evaluation by the fire department, simultaneous construction of infrastructure to be dedicated to the public and private construction may be per- mitted only within a defined por- tion of the site; (3) Approval of the final engineer- ing design, including location and grade, for the infrastructure project must be obtained from the engineering department, and the state department of environ- mental quality when applicable, prior to issuance of any building permit for the development; and (4) No occupancy, either temporary or final, may be issued until all on-site and offsite water, sewer and street or drive improve- ments are installed and accepted or approved as applicable by the city. D.Exception.When municipal water distribu- tion and municipal sanitary sewer collection sys- tems and city streets are being provided to serve a development proposal occurring under the provi- sions ofarticle 20 of this chapter, planned unit development (PUD), the issuance of a building permit may be allowed prior to completion of the public infrastructure, provided that the following criteria are met: 1. The subject property shall be developed under the provisions of article 20 of this chapter; 2. The subdivider or other developer must enter into an improvements agreement to ensure the installation of required infrastruc- ture and other applicable improvements, to be secured by a financial guarantee in an amount to be determined by the city, with said guarantee to be in the name of the city; 3. Approval of the final engineering design, including location and grade, for the infra- structure project must be obtained from the engineering department, and the state de- partment of environmental quality when applicable, prior to issuance of any building permit for the development; 4. Building permits may be issued incremen- tally, dependent upon the status of installa- tion of the infrastructure improvements.All building construction within the PUD shall cease until required phases of infrastructure improvements as described in the PUD have been completed, and inspected and accepted by the city; 5. The subdivider shall provide and maintain fire hazard and liability insurance which shall name the city as an additional insured and such issuance shall not be cancelled without at least 45 days prior notice to the city. The subdivider shall furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof; 6. The subdivider recognizes, acknowledges and assumes the increased risk of loss because certain public services do not exist at the site; 7. The subdivider shall enter into an agree- ment with the city which provides for predetermined infrastructure funding op- tions; 8. No occupancy of any structures or com- mencement of any use constructed or pro- posed within the boundaries of the PUD will be allowed until required infrastructure improvements have been completed, and inspected and accepted by the city, and a certificate of occupancy has been issued; a. No occupancy of structures or com- mencement of any use shall occur when such action would constitute a safety hazard in the opinion of the city; § 38.39.030 BOZEMAN MUNICIPAL CODE CD38:294PROOFS 9. The subdivider shall enter into an agree- ment with the city to address the provision of any services on an interim basis during construction, if deemed appropriate; 10. The subdivider shall execute a hold harm- less and indemnification agreement indem- nifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section; 11. The subdivider shall pay for any extraordi- nary costs associated with the project which the city may identify, including, but not limited to, additional staff hours to oversee the planning, engineering and construction of the project and infrastructure improve- ments, inspection of the infrastructure im- provements and any extraordinary adminis- trative costs; 12. The development shall be under the control of a single developer and all work shall be under the supervision of a single general contractor. The developer and general con- tractor shall agree that there shall be no third-party builders until required infrastruc- ture improvements have been completed, and inspected and accepted by the city; and 13. Subsequent to preliminary plat approval, a concurrent construction plan, addressing all requirements of this section, shall be sub- mitted for review and approval of the plan- ning director with a recommendation from the development review committee. E.Limitations.Notwithstanding the provisions of subsection D of this section, the city may limit the scope, type and number of projects eligible for simultaneous construction consideration. (Ord. No. 1645, § 18.74.030, 8-15-2005; Ord. No. 1693, § 26(18.74.030), 2-20-2007; Ord. No. 1761, exh. O(18.74.030), 7-6-2009; Ord. No. 1769, exh. O(18.74.030), 12-28-2009) Sec. 38.39.040. Special provisions for timing of certain improvements. A.Park, pathway, and boulevard improvements. 1. These required improvements shall be in- stalled, or subject to an approved improve- ments agreement and financially guaran- teed,priortofinalplatapprovaloroccupancy of a building subject to development re- view, excluding sketch plans. 2. Due to seasonal considerations, building and occupancy permits may be issued prior to installation of these improvements as long as the improvements are subject to an approved improvements agreement and are financially guaranteed. B.Neighborhood center improvements. 1. With the exception of neighborhood com- mercialandcivicbuildingsandtheirgrounds, neighborhood center improvements shall be installed, or subject to an approved improve- ments agreement and financially guaran- teed, prior to final plat approval. 2. Due to seasonal considerations, building and occupancy permits may be issued prior to installation of improvements related to greens, plazas and squares as long as the improvements are subject to an approved improvements agreement and are finan- cially guaranteed. (Ord. No. 1645, § 18.74.040, 8-15-2005; Ord. No. 1693, § 26(18.74.040), 2-20-2007; Ord. No. 1761, exh. O(18.74.040), 7-6-2009; Ord. No. 1769, exh. O(18.74.040), 12-28-2009) Sec. 38.39.050. Acceptance of improvements. A.Improvements dedicated to the public. 1. Acceptance of street, road, and bridge im- provements. Before any subdivision street, whether new or existing, can be accepted into the city street system by the city, it shall be built to meet or exceed the required standards.Anyimprovementsmadetocounty roads shall meet or exceed standards set by § 38.39.050UNIFIED DEVELOPMENT CODE CD38:295PROOFS the county road office, and must be re- viewed and approved by the county road office. Any bridge improvement, within the city or the county, shall meet or exceed standards set by the state department of transportation, and must be reviewed and approved by the county road office and the city, and accepted by the county road office into the county's bridge maintenance sys- tem. 2. Acceptance of park, water, sewer, and storm drainage improvements. Before any public park, water, sewer or storm drainage im- provement, whether new or existing, can be accepted into the city system by the city, it shall be built to meet or exceed the required standards. Any improvement, within the city or county, shall meet or exceed stan- dards set by the city, state department of environmental quality and county road of- fice, and must be reviewed and approved by the city and the county road office, as applicable. 3. As-built record drawings. As-built record drawings of all public infrastructure im- provementsconstructedwithinthecity,drawn to the specifications required by the city, shall be submitted prior to final plat ap- proval, per section 24.183.1107(3.g),ARM, or other relevant final benchmark for site development. 4. The city may require verification that all liens have been released and payments made prior to accepting dedication of im- provements. B.Private improvements.The DRC and/orADR or their representative shall conduct an "as-built" inspection to verify compliance and shall sign off on a certificate of occupancy, final plat or other conclusory action if all terms and details of the approval are complied with. Except as provided for in section 38.39.060, no final plat approval or occupancy shall be permitted, or certificate of occupancy issued, unless the terms and details of an approved plat, site or sketch plan are met. Prior to grant of occupancy, the developer shall certify the completion of the improvements as required in section 38.39.030.A. (Ord. No. 1645, § 18.74.050, 8-15-2005; Ord. No. 1693, § 26(18.74.050), 2-20-2007; Ord. No. 1761, exh. O(18.74.050), 7-6-2009; Ord. No. 1769, exh. O(18.74.050), 12-28-2009) Sec. 38.39.060. Improvements agreements. A. Required when. 1. When occupancy of a development subject to zoning review will commence prior to completion of all required site improve- ments, generally excluding sketch plans; or 2. When a subdivision is to be granted final plat approval prior to the completion of all required improvements, the applicant shall enter into an improvements agreement with the city. 3. At the discretion of the planning director, certain projects receiving a certificate of appropriateness may be required to enter into an improvements agreement with the city at the time of final approval of the certificate of appropriateness. B. If an improvements agreement is used to guarantee the completion of required improve- ments, including infrastructure, it may allow for the staged installation of improvements in defined areas and in accordance with an approved time schedule. At the city's discretion, the improvements in a prior increment may be required to be completed or the payment or guarantee of payment for costs of the improvements incurred in a prior increment must be satisfied before development of future increments. 1. If an improvements agreement is filed with the final subdivision plat to secure infra- structure improvements, a separate docu- ment shall be filed with the final plat that clearly states that building permits will not be issued until all water, sewer, storm drainage infrastructure and streets are in- stalled and accepted. This requirement may § 38.39.050 BOZEMAN MUNICIPAL CODE CD38:296PROOFS be modified by the city engineer for streets where dictated by circumstances, and where acceptable improvement security for the ultimate development of the streets is pro- vided. However, under no circumstances shall be required gravel courses, curbs or gutters be waived. This requirement shall generally not be modified for nonresiden- tial developments. No building permits will be issued for a subdivision within the city until all required water, sewer, storm drain- age,requiredstreetlighting,andstreetgravel courses are installed and accepted unless otherwise provided for in development pro- posals occurring under the provisions of article 20 of this chapter, Planned Unit Development (PUD), and pursuant to the criteria established in section 38.39.030.D. C. Standards for improvements agreements. 1. All agreements. All improvements agree- ments shall meet the following standards: a. The agreement and security shall be satisfactory to the city attorney as to form and manner of execution; b. Detailed cost estimates and construc- tion plans of all required on-site and off-site improvements shall be made a part of the agreement; c. Provide for security in the amount equal to 150 percent of the estimated cost of the improvements to be se- cured if the agreement is to be acti- vated; d. The term for the security referenced in subsection C.1.c of this section shall be not less than the length of time of the improvements agreement; e. The agreement shall provide for the city to claim the guarantee by certify- ing that the developer is in default of the performance to be secured; f. Requests for partial release of security shall only be in amounts such that the security will always equal 150 percent of the value of the remaining uncom- pleted work, and such that not more than 90 percent of the security is released prior to completion of all improvements. The city may take into account the location and scope of development phases in evaluating re- quests to reduce the amount of a financial guarantee. The city may re- quire verification that all liens have beenreleasedandpaymentsmadeprior to releasing a portion of the security; g. Shall provide for the city to require a replacement security in the event the issuer of the security becomes insol- vent, enters receivership, or otherwise gives cause for the city to lack confi- dence in the ability of the issuer to honor the security; h. Shall permit the city in the event of default by the developer to include in the costs to be recovered from the security those costs resulting from the need to call in the security, including but not limited to costs for the city attorney's time; and i. The financial security shall be placed in the keeping of the city treasurer. 2. Subdivisions. Improvements agreements for subdivisions shall meet the following stan- dards in addition to those listed in subsec- tion C.1 of this section: a. The length of time of the agreement shall not exceed one year from the date of final plat approval. The agree- ment shall stipulate the time schedule the subdivider proposes for accom- plishing the required improvements; b. The estimated cost of improvements shall be provided by the subdivider's professional engineer. The city engi- neer has the discretion to require a second estimate of the cost of improve- § 38.39.060UNIFIED DEVELOPMENT CODE CD38:297PROOFS ments, with the cost of obtaining the second estimate borne by the subdi- vider. The agreement shall stipulate which type of security arrangements will be used; c. Security for improvements for inter- nal subdivision streets, water, storm drainage and sewer mains, shall be reduced only upon recommendation of the city engineer; d. Security for improvements other than internalsubdivisionstreets,water,storm drainage and sewer mains, shall be reduced only upon recommendation of the city engineer and approval by the city commission, upon request by the subdivider; e. The improvements agreement shall be filed with the final plat; and f. The security provided shall be a finan- cial security valid for 18 months. 3. Site development. Improvements agree- ments for developments other than subdivi- sions shall meet the following standards in addition to those listed in subsection C.1 of this section: a. If occupancy of the structure or com- mencement of the use is to occur prior to installation of the required improve- ments, the installation of those im- provements must be secured in con- formance with the requirements of this article; b. The length of time of the agreement and method of security shall not be less than 12 months; c. All secured improvements must be completed by the developer within nine months of occupancy or the se- curity shall be forfeited to the city for the purpose of installing or contract- ing for the installation of the required improvements; d. At the planning director's discretion, a developer may be permitted to extend the manner of security, in general for a period not to exceed one additional year. Factors such as, but not limited to, progress of installation achieved to date and phasing of projects may be considered; e. The DRC and/orADR shall determine which, if any, of the required improve- ments must be installed prior to occu- pancy, regardless of the use of a securedimprovementsagreement.Such determination shall be based on a finding that unsafe or hazardous con- ditions will be created or perpetuated without the installation of certain im- provements or that the property will have an unacceptable adverse impact on adjoining properties until such im- provements are installed; (1) Items include but are not limited to walkways and signage neces- sary for ADA compliance, park- ing surfaces adequate to meet the needs of the uses to be con- ducted during the term of the improvementsagreement,ormat- ters related to life safety are required to be installed prior to any occupancy; and f. When all provisions are met for occu- pancy of a facility or commencement of a use prior to the installation of all improvements, and adequate security has been provided in accordance with the terms of an improvements agree- ment, the building official may issue a temporary certificate of occupancy which allows occupancy of the facil- ity on a temporary basis for a period not to exceed nine months. When all required improvements are installed in compliance with all terms and de- tails of the site or sketch plan ap- § 38.39.060 BOZEMAN MUNICIPAL CODE CD38:298PROOFS proval, the temporary occupancy per- mitshallbewithdrawnandapermanent certificate of occupancy shall be is- sued according to the provisions of this article. D. Notwithstanding the provisions of this sec- tion, the city may limit the scope, type and number of improvements eligible for being secured by an improvements agreement and require installation prior to final plat approval, issuance of building permits, occupancy or other similar actions. E. The planning director shall be responsible to sign improvements agreements on behalf of the city. F. When an improvements agreement is used to allow the filing of a final plat prior to the comple- tion of infrastructure, a notice of improvements agreement shall be recorded along with the plat which indicates that certain infrastructure work is still not complete and identifying that work. When the work has been completed and is accepted by the city as complete, the city shall record a notice of completion stating that the work that was the subject of the improvements agreement is complete. (Ord. No. 1645, § 18.74.060, 8-15-2005; Ord. No. 1693, § 26(18.74.060), 2-20-2007; Ord. No. 1761, exh. O(18.74.060), 7-6-2009; Ord. No. 1769, exh. O(18.74.060), 12-28-2009) Sec. 38.39.070. Payment for extension of capital facilities. The city may require a subdivider or other site developer to pay or guarantee payment for part or all of the costs of extending capital facilities related to public health and safety, including but not limited to public roads or streets, sewer mains, water supply mains and stormwater facilities for a subdivision. The costs must reasonably reflect the expected impacts directly attributable to the subdivision. The city may not require a subdivider or other site developer to pay or guarantee payment for part or all of the costs of constructing or extending capital facilities related to education. (Ord. No. 1645, § 18.74.070, 8-15-2005; Ord. No. 1693, § 26(18.74.070), 2-20-2007; Ord. No. 1761, exh. O(18.74.070), 7-6-2009; Ord. No. 1769, exh. O(18.74.070), 12-28-2009) Sec. 38.39.080. Types of acceptable securities. A.Financial securities.A variety of means of providing for the security of improvements agree- ments, ensuring adequate maintenance of required improvements and ensuring compliance with con- ditions of approval for various developments may be allowed. One or more of the following instru- ments may be used to provide a financial security for improvements to be completed. The method, terms and amount of security must be acceptable to the city. Financial security is the primary method to provide security for installation of physical improve- ments. 1. Direct payment of cash to the city; 2. Irrevocable letters of credit; 3. Cash escrows held by the city, or held by an approved escrow agent and subject to an executed escrow agreement; or 4. Performance bonds, in limited circum- stances and subject to approval by the city attorney. B.Nonfinancial securities.In addition to the possible financial securities listed above, the fol- lowing nonfinancial securities may be used to ensure compliance with conditions of approval, ensure maintenance of required improvements and coordinate timing of development. When deemed appropriate, the city may use nonfinancial security methods in combination with a financial security method. 1. Granting of final permits; 2. Sequential approval of multiphased proj- ects, with subsequent phases to not receive approval until prior approved phases have complied with all requirements; 3. Formation of a special improvement or maintenance district. This method shall not be considered completed until after all final actions have occurred and the district is in existence and the bonds sold; § 38.39.080UNIFIED DEVELOPMENT CODE CD38:299PROOFS 4. Establishment of a property owners associ- ation with city enforceable duties to main- tain certain improvements; 5. Irrevocable offer of dedication of improve- ments to be dedicated to the public after completion of the project; and 6. Recording of a special restrictive covenant or deed restriction which may only be released by written agreement of the city. (Ord. No. 1645, § 18.74.080, 8-15-2005; Ord. No. 1693, § 26(18.74.080), 2-20-2007; Ord. No. 1761, exh. O(18.74.080), 7-6-2009; Ord. No. 1769, exh. O(18.74.080), 12-28-2009) Sec. 38.39.090. Development or maintenance of common areas and facilities by developer or property owners' association. A.General.For the purposes of this section, "common areas and facilities" include: 1. Public and/or private park land; 2. Boulevard strips in public rights-of-way along external subdivision streets and adja- cent to parks and/or open space; 3. Common open space; 4. Neighborhood centers (except for neighbor- hood commercial and civic uses and their grounds); and 5. Pathways. B.Development.If common areas or facilities will be developed by the subdivider or by a property owners association, a development plan shall be submitted with the preliminary plat application for review and approval. The development plan shall be reviewed and approved by the city prior to the installation of improvements in common areas or the installation of common facilities. An approved park master plan would satisfy this requirement. 1.Landscaping.When landscaping will be installed in park land, boulevard strips or common open space, the development plan shall be accompanied by a landscaping plan that was prepared by a qualified landscap- ing professional.When landscaping in com- mon areas is installed by the subdivider, the subdivider shall warrant against defects in these improvements for a period of two years from the date of installation of the landscaping. When landscaping in a park is installed by the subdivider, the subdivider shall comply with the Parks Design Stan- dards and warrant against defects in these improvements for a period of two years from the date of installation of the landscap- ing. 2.Tree permits.If trees will be planted in dedicated city park land or boulevard strips, tree planting permits shall be obtained from the forestry department. C.Maintenance.When common areas or facili- ties will be maintained by the subdivider or by a property owners association, a maintenance plan that complies with section 38.39.030 shall be sub- mitted with the preliminary plat application for review and approval. The maintenance plan shall include a maintenance schedule, and a mechanism to assess and enforce the common expenses for the common area or facility. The maintenance plan shall be included in the subdivision covenants. The developer shall provide all necessary maintenance until the improvements are transferred to a property owners association, or other final custodian. Main- tenance shall be provided by the property owners association for parks until the city shall establish a park maintenance district or other dedicated fund- ing source and affirmatively accept responsibility for maintenance. The provisions of section 38.38.030.A.8 apply to this section. 1.Landscaping warranty.Any required or proposed landscaping must be maintained in a healthy, growing condition at all times. Any plant that dies must be replaced with another living plant that complies with the approved landscape plan. § 38.39.080 BOZEMAN MUNICIPAL CODE CD38:300PROOFS 2.Shade tree maintenance.The forestry de- partment shall be responsible for the main- tenance of shade trees in all city rights-of- way and on city property, including parks. (Ord. No. 1645, § 18.90.090, 8-15-2005; Ord. No. 1693, § 26(18.74.090), 2-20-2007; Ord. No. 1761, exh. O(18.74.090), 7-6-2009; Ord. No. 1769, exh. O(18.74.090), 12-28-2009) Sec. 38.39.100. Warranty. All publicly dedicated improvements shall be subject to a warranty of duration and scope to meet the city's design standards and specifications man- ual and/or park design standards as applicable. (Ord. No. 1645, § 18.74.100, 8-15-2005; Ord. No. 1693, § 26(18.74.100), 2-20-2007; Ord. No. 1761, exh. O(18.74.100), 7-6-2009; Ord. No. 1769, exh. O(18.74.100), 12-28-2009) ARTICLE 40. NOTICING Sec. 38.40.010. Purpose. It is the intent of this article to provide for adequate notice of governmental actions to those affected by such actions. Notice is required in order for citizens to participate in decision making which affects their interests and provides opportunity to receive information pertinent to an application that would not otherwise be available to the decision maker. In establishing standards for providing such notice, the need for expeditious processing of ap- plications is also recognized. (Ord. No. 1645, § 18.76.010, 8-15-2005; Ord. No. 1693, § 27(18.76.010), 2-20-2007; Ord. No. 1761, exh. P(18.76.010), 7-6-2009) Sec. 38.40.020. Contents of notice. A. The following elements shall be included in notices issued pursuant to this chapter: 1. Address of the property, or its location by approximate distances from the nearest ma- jor street intersections, or other description to identify the affected property; 2. Legal description of the property; 3. The name and address of the applicant; 4. The name and address of the owner of record; 5. The number, date, time and place of all relevant scheduled public hearings by the city commission, board of adjustment, plan- ning board or zoning commission, meetings of other review bodies established by this chapter at which final decisions shall be made, or the date of any final public com- ment deadline; 6. A description of how and where additional information regarding the action may be obtained including the address and phone number of the city; and 7. A brief description of the subject of the notice. B. The following additional elements shall be included in notices required for site plans, master site plans, certificates of appropriateness, condi- tional use permits, planned unit developments, de- viations, variances and subdivisions: 1. A map of the area in question so as to indicate its general location and proximity to surrounding properties shall be included in mailed and posted notices; and 2. A reference to the appeals process for this chapter for notices regarding projects where the board of adjustment or city commission will not be making the final decision. C. The following additional elements shall be included in all notices required for text amendments to this chapter: 1. A summary explanation of the intent of the change, with reference to the exact text being available for public review. D. For site and subdivision developments, the applicant shall provide for the purposes of noticing a list of names and addresses of property owners within 200 feet of the site, using the most current known property owners of record as shown in the records of the county clerk and recorder's office and § 38.40.020UNIFIED DEVELOPMENT CODE CD38:301PROOFS stamped, unsealed envelopes (with no return ad- dress) addressed with names of above property owners, and/or labels with the names of the above property owners, as specified on the appropriate application. (Ord. No. 1645, § 18.76.020, 8-15-2005; Ord. No. 1670, § 18.76.020, 8-28-2006; Ord. No. 1693, § 27(18.76.020), 2-20-2007; Ord. No. 1761, exh. P(18.76.020), 7-6-2009) Sec. 38.40.030. Notice requirements for applica- tion processing. A. The following minimum standards for tim- ing, location of noticing area and type of notice shall be provided. Noticing provisions are cumula- tive with the maximum combination of noticing requirements being provided. When more than one newspaper notice is required, only one of the required publication dates must fall within the minimum and maximum days required. B. If for some reason a required property owner fails to receive mail notification of a scheduled public hearing, or if one or more of the required posted signs in the area or on the site for which the public hearing is being held is inadvertently moved through no fault of the city, this in no way shall invalidate the legal notice requirements of the scheduled public hearing. C. Notice may also be provided to property owners in any additional area that may be substan- tially impacted by the proposed change or use as determined by the planning director. The planning director may use other means in addition to posting, mailing, or publication to provide notice. ______________________________________________________________________________________ Table 38.40.030 Application Minimum Days12 Maximum Days12 Distance1 Notice Type Text amendment 15 45 NA Newspaper once ZMA2 15 45 200 Newspaper once, post on-site, mail 1st class ZMA2- Resulting from ordinance changes 15 45 None Newspaper once ZMA2- Annexation w/ initial zoning 15 45 None Newspaper once, post on-site, mail 1st class Variance - Flood- plain, zoning, and subdivision 15 45 200 Newspaper once (zoning 2 times), post on-site, mail 1st class Public agency ex- emption 15 45 None Newspaper 2 times, post on-site Deviation 15 45 200 Newspaper 2 times, post on-site, mail 1st class Appeals3 15 45 2003 Newspaper 2 times, post on-site, mail 1st class § 38.40.020 BOZEMAN MUNICIPAL CODE CD38:302PROOFS Application Minimum Days12 Maximum Days12 Distance1 Notice Type Sketch plan/reuse/ change in use/fur- ther development None None None None Sketch plan4 15 45 None Post on-site Informal/concept plan None None None None Preliminary site plan or master site plan 15 45 200 Post on-site, mail 1st class Preliminary PUD5 15 45 200 Newspaper 2 times, post on-site, mail 1st class Preliminary CUP6 15 45 200 Newspaper 2 times, post on-site, mail 1st class Floodplain permit 15 45 200 Newspaper, mail 1st class COA7 None None None None Final site plan None None None None Final PUD plan None None None None Final CUP plan None None None None Subdivision exemp- tion None None None None 1st minor subdivi- sion without vari- ance- preliminary plat 15 45 200 Mail 1st class 1st minor subdivi- sion with variance/ 2nd minor/major subdivision - Pre- liminary plat 15 (Planning Board) 45(Commission)200 Newspaper8, post on-site, mail 1st class9, certified mail10 Final plat None None None None Notice of viola- tion11 15 45 None Post on-site, certi- fied mail to land- owner 1The distance from the exterior property boundary of the site to all or part of another parcel of land whose owners must be notified of a governmental action. This distance includes the width of a right-of-way or other public ownership. 2Zone map amendment, article 37 of this chapter. 3Posting and mailing only applies to appeals taken from actions to approve, approve with conditions or deny a development proposal and not to appeals of administrative interpretations. 4Sketch plans for adding dwellings in the neighborhood conservation overlay district, demolition of contributing structures in the neighborhood conservation overlay district, or modification of wetlands. § 38.40.030UNIFIED DEVELOPMENT CODE CD38:303PROOFS 5Planned unit development, article 20 of this chapter. 6Conditional use permit, article 19 of this chapter. 7Certificate of appropriateness, articles 16 and 17 of this chapter. 8When newspaper notice is required the notice shall be published in a newspaper of general circulation. 9Mail by first class to all landowners within 200 feet except those subject to certified mail. 10Certified mail must be sent to recorded purchasers under contract for deed in addition to owners of physically contiguous property and the subdivider. 11Notices of violation subject to section 38.34.160. 12 Days prior to the close of the public comment period or public hearing unless otherwise specified in this chapter. (Ord. No. 1645, § 18.76.030, 8-15-2005; Ord. No. 1670, § 18.76.030, 8-28-2006; Ord. No. 1761, exh. P(18.76.030), 7-6-2009) ______________________________________________________________________________________ Sec. 38.40.040. Notice of city approval within neighborhood conservation and entryway overlay districts. In order to inform adjacent property owners and residents that an application within an overlay district has been approved by the city, any site approved for construction or alterations within an overlay district shall be posted with a notice sup- plied by the planning department. The notice shall be posted in a conspicuous place on the site before any construction begins and may be removed when the project is substantially complete. The notice shall specify the name of the owner of record, the address of the property, a description of the scope of work approved and the date of city approval. (Ord. No. 1645, § 18.76.040, 8-15-2005; Ord. No. 1693, § 27(18.76.040), 2-20-2007; Ord. No. 1761, exh. P(18.76.040), 7-6-2009) ARTICLE 41. SUBMITTAL MATERIALS AND REQUIREMENTS Sec. 38.41.010. General. All applications and supplemental material, in- cluding all copies of plats and site development plans, shall be bound and folded into complete 81/2- by 11-inch or 81/2- by 14-inch sets ready for distribution.All plats shall be on one or more sheets either 18- by 24-inches or 24- by 36-inches in size, and shall be folded and included in the bound submittal. A digital (PDF) copy of the entire sub- mittal (applications, supplemental material, plat and plans) shall be provided as required. (Ord. No. 1645, § 18.78.010, 8-15-2005; Ord. No. 1693, § 28(18.78.010), 2-20-2007; Ord. No. 1709, § 15(18.78.010), 7-16-2007; Ord. No. 1761, exh. Q(18.78.010), 7-6-2009) Sec. 38.41.020. Streambed, streambank and/or wetlands permits. A. The developer shall provide the planning department with a copy of all required streambed, streambank or wetlands permits, or written notifi- cation from the appropriate agency that a permit is not required, prior to the commencement of any work on the site and/or final plat approval, which- ever is sooner. These permits include but are not limited to: 1. Montana Stream Protection Act (SPA 124 Permit). Administered by the Habitat Pro- tection Bureau, Fisheries Division, Mon- tana Fish, Wildlife and Parks. 2. Stormwater discharge general permit. Ad- ministered by the water quality bureau, state department of environmental quality. § 38.40.030 BOZEMAN MUNICIPAL CODE CD38:304PROOFS 3. Montana Natural Streambed and Land Pres- ervation Act (310 Permit). Administered by the board of supervisors, county conserva- tion district. 4. Montana Floodplain and Floodway Man- agementAct (Floodplain Development Per- mit). Administered by the city engineering department. 5. Federal Clean Water Act (404 Permit). Administered by the U.S. Army Corps of Engineers and the U.S. Environmental Pro- tection Agency. 6. Federal Rivers and HarborsAct (Section 10 Permit). Administered by the U.S. Army Corps of Engineers. 7. Short-term Water Quality Standard for Tur- bidity (318 Authorization). Administered by state department of environmental qual- ity. 8. Montana Land-Use License or Easement on NavigableWaters.Administered by the state department of natural resources and conser- vation. 9. Montana Water Use Act (Water Right Per- mit and Change Authorization). Adminis- tered by the water rights bureau, state department of natural resources and conser- vation. (Ord. No. 1645, § 18.78.020, 8-15-2005; Ord. No. 1693, § 28(18.78.020), 2-20-2007; Ord. No. 1709, § 15(18.78.020), 7-16-2007; Ord. No. 1761, exh. Q(18.78.020), 7-6-2009) Sec. 38.41.030. Subdivision preapplication plan. A. The preapplication plan may be a freehand sketch, legibly drawn, showing approximate bound- aries, dimensions, areas and distances. The plan may be drawn directly on a print of a topographic survey required for the preliminary plat and shall include: 1.Sketch map.A sketch map showing: a. The names of adjoining subdivisions and numbers of adjoining certificates of survey, along with adjacent lot and tract lines. b. Location, name, width and owner of existing or proposed streets, roads and easements within the proposed subdi- vision; existing streets, roads and ease- ments within adjacent subdivisions and tracts; and the name of street or road that provides access from the nearest public street or road to the proposed subdivision. c. Location of all existing structures, including buildings, railroads, powerlines towers, and improvements inside and within 100 feet of the proposed subdivision. d. Zoning classification within the pro- posed subdivision and adjacent to it. The zoning proposed for the subdivi- sion, if a change is contemplated. 2.Topographic features.Topographic features of the proposed subdivision and adjacent subdivisions and tracts, including: a. Acurrent U.S. Geological Survey top- ographic map at the largest scale avail- able with the subdivision clearly out- lined. b. Embankments, watercourses, drain- age channels, areas of seasonal water ponding, areas within the designated floodway, marsh areas, wetlands, rock outcrops,woodedareas,noxiousweeds and areas of active faults. Include copies of any permits listed in section 38.41.020 that have been obtained for the project. 3.Utilities.The existing and proposed utilities located on and adjacent to the proposed subdivision including: a. Location, size and depth of sanitary and storm sewers, water mains and gas lines. b. Location of fire hydrants, electric lines, telephone lines, sewage and water treatment, and storage facilities. § 38.41.030UNIFIED DEVELOPMENT CODE CD38:305PROOFS 4.Subdivision layout.The proposed layout of the subdivision showing the approximate: a. Subdivisionblock,tract,andlotbound- ary lines, with numbers, dimensions, and areas for each block, tract and lot. b. Street location, right-of-way width, and name. c. Easement location, width and pur- pose. d. Sites to be dedicated or reserved as park, common open space or other public areas, with boundaries, dimen- sions and areas. e. Sites for commercial centers, churches, schools, industrial areas, condomini- ums, manufactured housing commu- nity and uses other than single-house- hold residences. 5.Development plan.An overall development plan indicating future development of the remainder of the tract, if the tract is to be developed in phases. 6.Name and location.A title block indicating the proposed name, quarter-section, sec- tion, township, range, principal meridian and county of subdivision. 7.Notations.Scale, north arrow, name and addresses of owners and developers, and date of preparation. 8.Variances.Alist of variance requests which will be submitted with the application for preliminary plat application. 9.Waivers.List of waivers requested from the requirements of section 38.41.060 shall be submitted with the preapplication.The DRC shall be responsible for granting waivers, and the planning department staff shall notify the developer in writing of any waivers granted from section 38.41.060 after the preapplication meeting or plan review. 10.Parks and recreation facilities.The follow- ing information shall be provided for all land proposed to meet park land dedication requirements: a. Park concept plan, including: (1) Site plan for the entire property; (2) The zoning and ownership for adjacent properties; (3) The location of any critical lands (wetlands,riparianareas,streams, etc.); (4) General description of land, in- cluding size, terrain, details of location and history, and pro- posed activities; and (5) Description of trails or other rec- reational features proposed to connect the proposed park area to other park or open space ar- eas. 11.Digital (PDF) copy of entire submittal. 12.Affordable housing.Describe how the sub- division proposes to satisfy the require- ments of chapter 10, article 8. (Ord. No. 1645, § 18.78.030, 8-15-2005; Ord. No. 1693, § 28(18.78.030), 2-20-2007; Ord. No. 1709, § 15(18.78.030), 7-16-2007; Ord. No. 1761, exh. Q(18.78.030), 7-6-2009) Sec. 38.41.040. Subdivision preliminary plat. A. The preliminary plat shall be legibly drawn at a horizontal scale no smaller than 100 feet to the inch, and may show approximate boundaries, di- mensions, distances and areas, unless specifically noted. The plat shall be on one or more sheets of 18- by 24-inch or 24- by 36-inch paper. Where accurate information is required, surveying and engineering data shall be prepared under the supervision of a registered engineer or registered land surveyor, licensed in the state, as their respective licensing laws allow. The plat submittal shall include the following: 1.Preapplication information.All informa- tion required with the preapplication plan, as outlined in section 38.41.030. § 38.41.030 BOZEMAN MUNICIPAL CODE CD38:306PROOFS 2.Subdivision information.Name and loca- tion of the subdivision, scale, scale bar, north arrow, date of preparation, lots and blocks (designated by number), the dimen- sions and area of each lot, and the use of each lot, if other than for single-household. 3.Streets, roads and grades.All streets, roads, alleys, avenues, highways and easements; the width of the right-of-way, grades and curvature of each; existing and proposed road and street names; and proposed loca- tion of intersections for any subdivision requiring access to arterial or collector streets. 4.Adjoining subdivisions.The names of ad- joining platted subdivisions and numbers of adjoining certificates of survey. 5.Adjoining owners.Names and addresses of record owners of lots and tracts immedi- ately adjoining the proposed subdivision. 6.Perimeter survey.An approximate survey of the exterior boundaries of the platted tract with bearings, distances, and curve data indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline or a body of water, the bearings and distances of a closing meander traverse shall be given. 7.Section corner.The approximate location of all section corners or legal subdivision corners of sections pertinent to the subdivi- sion boundary. 8.Phased improvements.If the improvements required are to be completed in phases after the final plat is filed, the approximate area of each phase shall be shown on the plat. 9.Contours.Ground contours shall be pro- vided for the tract according to the follow- ing requirements: Table 38.41.040 Where the average slope is: Contour intervals shall be: Under 10 percent 2 feet (if all lots are over one acre in size, five feet inter- vals may be used) Between 10 and 15 percent 5 feet Greater than 15 percent 10 feet 10.Waivers.List of waivers granted from the requirements of section 38.41.060 during the preapplication process shall be submit- ted with the preliminary plat application. 11.Request for exemption from department of environmental quality review.If the devel- oper is proposing to request an exemption from the department of environmental qual- ity for infrastructure plan and specification review, the preliminary plat application shall include a written request from the develop- er's professional engineer, licensed in the state, that indicates the intent to request the exemption, and details the extent of water, sewer and stormwater infrastructure that will be completed prior to final plat ap- proval. A detailed preliminary stormwater drainage plan must also be submitted with the written request. (Ord. No. 1645, § 18.78.040, 8-15-2005; Ord. No. 1693, § 28(18.78.040), 2-20-2007; Ord. No. 1709, § 15(18.78.040), 7-16-2007; Ord. No. 1761, exh. Q(18.78.040), 7-6-2009) Sec. 38.41.050. Preliminary plat supplements re- quired for all subdivisions. A. The following supplemental information shall be submitted with the preliminary plat. 1.Area map.A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads. 2.Subdivision map.Map of entire subdivision on an 81/2-by-11-inch, 81/2-by-14-inch, or 11-by-17-inch sheet. § 38.41.050UNIFIED DEVELOPMENT CODE CD38:307PROOFS 3.Variances.A written statement describing any requested subdivision variance and the facts of hardship upon which the request is based (refer to article 35 of this chapter). 4.Property owners.A certified list of adjoin- ing property owners, their mailing ad- dresses and property description, including property owners across public rights-of- way and/or easements. The names and ad- dresses shall also be provided on self- adhesive mailing labels, one set of labels for first minor subdivisions or subdivisions eligible for summary review, and three sets of labels for all other subdivisions. 5.Documents and certificates.Draft copy of the following documents, and certificates to be printed on or to accompany the prelim- inary plat: a. Covenants, restrictions and articles of incorporation for the property owners association. b. Encroachment permits or a letter in- dicating intention to issue a permit where new streets, easements, rights- of-way or driveways intersect state, county or city highways, streets or roads. c. A letter of approval or preliminary approval from the city where a zoning change is necessary. d. A draft of such other appropriate cer- tificates. e. Provision for maintenance of all streets (including emergency access), parks, and other required improvements if not dedicated to the public, or if private. 6.Street profile sheets.Profile sheets for street grades greater than five percent. 7.Application and fee.Completed prelimi- nary plat application form, with the original signatures of all owners of record or their authorized representatives, and the required review fee. If an authorized representative signs on behalf of an owner of record, a copy of the authorization shall be provided. 8.Noxious weed management and revegeta- tion plan.Noxious weeds shall be con- trolled in all developments as directed by the county weed control district (district) in accordance with the Montana County Nox- ious Weed Control Act (MCA 7-22-21). The developer shall have any noxious weeds identified and their location mapped by a person with experience in weed manage- ment and knowledgeable in weed identifi- cation. A noxious weed management and revegetation plan approved by the district for control of noxious weeds shall be sub- mitted with the preliminary plat applica- tion. This plan shall ensure the control of noxious weeds upon preliminary plat ap- proval and the revegetation of any land disturbed during the construction of subdi- vision improvements. 9.Sanitation information.When the subdivi- sion does not qualify for the certification established in section 38.03.050 the subdi- vider shall provide the information regard- ing sanitation set forth in MCA 76-3-622. (Ord. No. 1645, § 18.78.050, 8-15-2005; Ord. No. 1693, § 28(18.78.050), 2-20-2007; Ord. No. 1709, § 15(18.78.050), 7-16-2007; Ord. No. 1761, exh. Q(18.78.050), 7-6-2009) Sec. 38.41.060. Additional subdivision prelimi- nary plat supplements. A. The following list of preliminary plat appli- cation supplements shall also be provided for all subdivisions unless waived by the development review committee during the preapplication pro- cess. The developer shall include documentation of any waivers granted by the city after the preapplica- tion meeting or plan review.Additional relevant and reasonable information may be required to ade- quately assess whether the proposed subdivision complies with this chapter and the Montana Subdi- § 38.41.050 BOZEMAN MUNICIPAL CODE CD38:308PROOFS vision and Platting Act. The need for additional information shall be determined during the preap- plication process. 1.Surface water. a.Mapping.Locate on a plat overlay or sketch map all surface waters and the delineated floodplain which may af- fect or be affected by the proposed subdivision including: (1) Natural water systems such as natural streams, creeks, stream/ ditches, drainages, waterways, gullies, ravines or washes in which water flows either contin- uously or intermittently and has adefinitechannel,bedandbanks. (2) Artificial water systems such as canals, ditches, ditch/streams, aq- ueducts, reservoirs, irrigation or drainage systems. b.Description. (1) Describe all surface waters which may affect or be affected by the proposed subdivision including name, approximate size, present use and time of year when water is present. (2) Describe proximity of proposed construction (such as buildings, sewer systems, streets) to sur- face waters. c.Water body alteration.Describe any existing or proposed streambank or shoreline alterations or any proposed construction or modification of lake beds,watercoursesorirrigationditches. Provide information on location, ex- tent, type and purpose of alteration. Provide a revised floodplain analysis report, in compliance with article 31 of this chapter, as appropriate. d.Wetlands.If the subdivision contains wetlands, as defined in article 42 of this chapter, then a delineation of the wetland shall be shown on the prelim- inary and final plats. e.Permits.Include copies of any per- mits listed in section 38.41.020 that have been obtained for the project. 2.Floodplains.A floodplain analysis report shall be submitted with the preliminary plat in compliance with article 31 of this chap- ter. 3.Groundwater. a.Depth.Establish the seasonal mini- mum and maximum depth to the wa- ter table, dates on which these depths were determined, and the location and depth of all known aquifers which may be affected by the proposed sub- division. The high water table shall be determined from tests taken during the period of major concern as speci- fied in writing by the county environ- mental health department. Specific lo- cations for test holes may also be determined by the county environmen- tal health department. b.Steps to avoid degradation.Describe any steps necessary to avoid the deg- radation of groundwater and ground- water recharge areas. 4.Geology; soils; slopes. a.Geologic hazards.Identify geologic hazards affecting the proposed subdi- vision which could result in property damage or personal injury due to rock falls or slides; landslides, mud or snow; surface subsidence (i.e., set- tling or sinking); or seismic activity. b.Protectivemeasures.Explainwhatmea- sures will be taken to prevent or materially lessen the danger of future property damage or injury due to any of the hazards referred to in subsec- tion A.4.a of this section. § 38.41.060UNIFIED DEVELOPMENT CODE CD38:309PROOFS c.Unusual features.Provide a statement describing any unusual soil, topo- graphic or geologic conditions on the property which limit the capability for building or excavation using ordinary and reasonable construction tech- niques. The statement should address conditions such as shallow bedrock, high water table, unstable or expan- sive soil conditions, and slope. On a map, identify any slopes in excess of 15 percent grade. d.Soils map.The subdivision shall be overlaid on the county soil survey maps obtained from the Natural Re- source and Conservation Service (NRCS). The maps are 1:24,000 in scale. These maps may be copied without permission. However, enlarge- ment of these maps could cause mis- understanding of the detail of map- ping. Soils were mapped using a minimum delineation of five acres, and these soils reports were intended to alert developers to possible prob- lems and the need for a more detailed on-site investigation. The developer shall provide the following soil re- ports, which can be obtained from the NRCS: (1) The physical properties and en- gineering indexes for each soil type; (2) Soil limitations for building and site development, and water fea- tures for each soil type; (3) Hydric soils report for each soil type. If hydric soils are present, the developer shall provide a wetlands investigation by a cer- tified consultant, using the Fed- eral Manual for Identifying and Delineating Jurisdictional Wet- lands (January 1987); and (4) The developer shall provide any special design methods planned to overcome the above limita- tions. e.Cuts and fills.Describe the location and amount of any cut or fill three or more feet in depth. These cuts and fills should be indicated on a plat overlay or sketch map. Where cuts or fills are necessary, describe any plans to prevent erosion and to promote revegetation such as replacement of topsoil and grading. 5.Vegetation. a.Vegetation map.On a plat overlay or sketch map: (1) Indicate the distribution of the major vegetation types such as marsh, grassland, shrub, conifer- ous forest, deciduous forest or mixed forest. (2) Identify critical plant communi- ties such as stream bank or shore- line vegetation; vegetation on steep, unstable slopes; and veg- etation on soils highly suscepti- ble to wind or water erosion. b.Protective measures.Describe mea- sures to preserve trees and critical plant communities (e.g., design and location of streets, lots and open spaces). 6.Wildlife. a.Species.Describe species of fish and wildlife which use the area affected by the proposed subdivision. b.Critical areas.Identify on a plat over- lay or sketch map of the proposed subdivision any known critical, signif- icant or "key" wildlife areas, such as big game winter range, waterfowl nest- ing areas, habitat for rare or endan- gered species or wetlands. § 38.41.060 BOZEMAN MUNICIPAL CODE CD38:310PROOFS c.Pets/human activity.Describe the ex- pected effects of pets and human ac- tivity on wildlife. d.Public access.Describe the effects on public access to public lands, trails, hunting or fishing areas. e.Protective measures.Describe any pro- posed measures to protect or enhance wildlife habitat or to minimize degra- dation(e.g.,keepingbuildingandstreets back from shorelines, setting aside marshlandasundevelopedopenspace). f.Discussion of impact; documentation. The developer shall discuss the im- pact of the proposed development on fish and wildlife with the state depart- mentoffish,wildlifeandParks(FWP). With the preliminary plat, the devel- oper shall provide written documenta- tion from FWP that: (1) Verifies that FWP has reviewed the proposed plat; (2) Lists any FWP recommenda- tions; and (3) Outlines any mitigation planned to overcome any adverse im- pacts. 7.Historical features. a.Affected areas.Describe and locate on a plat overlay or sketch map any known or possible historic, paleonto- logical,archaeological,orculturalsites, structures, or objects which may be affected by the proposed subdivision. b.Protectivemeasures.Describeanyplans to protect such sites or properties. c.Procedures.Describe procedures to be followed if any historic, paleonto- logical, archaeological, cultural sites, structures or object are found on site during site preparation and construc- tion. d.Discussion of impact; documentation. The developer shall discuss the im- pact of the proposed development on any historic features, and the need for inventory, study and/or preservation with the state historic preservation office (SHPO). The developer shall provide written documentation from SHPO that: (1) Verifies that SHPO has reviewed the proposed plat; (2) Lists any SHPO recommenda- tions; (3) Outlines any plans for inventory, study, and/or preservation; and (4) Describes any mitigation planned to overcome any adverse im- pacts. e.Preparation of information.Informa- tion on historical sites shall be pre- pared by a qualified professional, in- cluding persons with a professional or educational background in history, ar- chitectural history, archaeology, art history, historic preservation, anthro- pology and cultural resource manage- ment. 8.Agriculture. a. Number of acres in production and type of production. b. Agricultural operations in the vicinity, and other uses of land in the general vicinity. c. The productivity of the land. d. Whether or not the property is part of a viable farm unit, and whether the property was under production during the last regular season. e. What measures will be taken, if any, to control family pets. f. Fencing of agricultural land. Describe any existing fence lines around the subdivision boundary which protect § 38.41.060UNIFIED DEVELOPMENT CODE CD38:311PROOFS agricultural lands under an ownership other than of the developer, and de- scribe any measure which will be taken to ensure that the owners of the subdivision will share with the owner of the agricultural lands in the contin- ued maintenance of the fence. 9.Agricultural water user facilities. a. Type, description, ownership and us- ers of facilities. b. Written documentation demonstrating active use of facilities. If a facility is not being actively used, include a written plan for abandonment. c. Describe any proposed realignment. All realignments must comply with all relevant requirements of state law. 10.Water and sewer.Provide an engineering design report and/or other documentation demonstrating that adequate water distribu- tion systems and capacity, and sewage col- lection and disposal systems and capacity, exists to serve the proposed subdivision. 11.Stormwatermanagement.Astormwaterman- agement plan shall be submitted with the preliminary plat. A system shall be de- signed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots, including: a. The plan shall depict the retention/ detention basin locations, and locate and provide easements for adequate drainageways within the subdivision to transport runoff to the stormwater receiving channel. Stormwater receiv- ing channels shall be clearly identified for all ponds. b. The plan shall include sufficient site gradingandelevationinformation(par- ticularly for the basin sites, drainageways and lot finished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. c. Any necessary stormwater easements. 12.Streets, roads and alleys. a.Description.Describe any proposed new public or private streets, roads or alley, or substantial improvements of existing public or private streets, roads or alleys. The developer shall demon- strate that the land to be subdivided has access onto a legal street. b.Access to arterial.Discuss whether any of the individual lots or tracts have access directly to arterial streets or roads, and if so, the reason access was not provided by means of a street within the subdivision and how the accesscomplieswithsection38.24.090. c.Modification of existing streets, roads or alleys.Explain any proposed clo- sure or modification of existing streets, roads or alleys. d.Dust.Describe provisions considered for dust control on alleys. e.Pollution and erosion.Explain how street, road and alley maintenance will be provided to meet the depart- ment of environmental quality guide- lines for prevention of water pollution and erosion. f.Traffic generation.Discuss how much daily traffic will be generated on ex- isting local and neighborhood streets, roads and alleys, when the subdivi- sion is fully developed, and provide the following information: (1) The report format shall be as follows: (a) Trip generation, using the Institute of Transportation Engineers Trip Generation Manual; § 38.41.060 BOZEMAN MUNICIPAL CODE CD38:312PROOFS (b) Trip distribution; (c) Traffic assignment; (d) Capacity analysis; (e) Evaluation; and (f) Recommended access plan, including access points, modifications and any mit- igation techniques. (2) The report shall include the fol- lowing information: (a) Land use and trip genera- tion in the form of a table of each type of land use, the number of units or square footage, as appropri- ate, the trip rates used (daily and peak) and resulting trip generation. (b) Traffic graphics, which show: (i) A.M. peak hour site traffic; (ii) P.M. peak hour site traffic; (iii) A.M. peak hour total traffic; (iv) P.M. peak hour total traffic; (v) Totaldailytraffic(with site-generated traffic shown separately). (c) A.M. and P.M. capacity analysis with an A.M. and P.M. peak-hour capacity analysis provided for: (i) All major drive ac- cesses that intersect collector or arterial streets or roads; and (ii) All arterial-arterial, collector-collectorand arterial-collectorinter- sections within one- half mile of the site, or as required by the city engineer during the preapplication re- view, concept plan re- view,orinformalproj- ect review. (d) Fortwo-waystopcontrolled intersections, analysis of whether the intersection would satisfy signalization warrantsifthetwo-waystop control was removed. g.Capacity.Indicate the levels of ser- vice (before and after development) of existingandproposedstreetsandroads, including appropriate intersections, to safely handle any increased traffic. Describe any anticipated increased maintenance that will be necessary due to increased traffic and who will pay the cost of maintenance. h.Bicycleandpedestrianpathways,lanes and routes.Describe bicycle and pe- destrian pathways, lanes or routes to be developed with the development. i.Traffic calming.Detailed drawings of any proposed traffic calming installa- tions, including locations and turning radius templates. 13.Utilities.The developer shall submit a copy of the subdivision plat to all relevant utility companies. With the preliminary plat, the developer shall provide written documenta- tion of the following: a. Affected utilities. Indicate which af- fected utilities the subdivision plat has been submitted to for review, and include a copy of responses. b. Include a description of: (1) The method of furnishing elec- tric, natural gas, cable TV, inter- net or telephone service, where provided. § 38.41.060UNIFIED DEVELOPMENT CODE CD38:313PROOFS (2) Estimated timing of each utility installation. (3) The developer shall provide a written statement from the util- ity companies that the proposed subdivision can be provided with service. 14.Educational facilities.With the preliminary plat, provide a written statement from the administrator of the appropriate school sys- tem indicating whether the increased enroll- ment can be accommodated by the present personnel and facilities and by the existing school bus system. 15.Land use. a. Indicate the proposed use and number of lots or spaces in each: (1) Residential area, single-house- hold; (2) Residential area, multiple-house- hold. Types of multiple-house- hold structures and numbers of each (e.g., duplex, four-plex); (3) Planned unit development (num- ber of units); (4) Condominium (number of units); (5) Manufactured housing commu- nity (number of units); (6) Recreational vehicle park; (7) Commercial or industrial; and (8) Other (please describe). 16.Parks and recreation facilities.The follow- ing information shall be provided for all land used to meet park land dedication requirements: a.Park plan.A park plan, including: (1) Site plan for the entire property; showing developer installed im- provements on the initial park plan and proposed future im- provements on the future park plan; (2) Drainage areas; (3) Utilities in and adjacent to the property; (4) The zoning and ownership for adjacent properties; (5) The location of any critical lands (wetlands,riparianareas,streams, etc.) and location of watercourse setbacks; (6) Park landscaping plan, prepared by a qualified landscape profes- sional in accordance with sec- tion 38.41.100, showing the lo- cation and specific types and species of plants, shrubs, trees as well as grass seed mixes; (7) General description of land, in- cluding size, terrain, details of location and history, and pro- posed activities; (8) Trail design and construction showing compliance with ad- opted city standards and trail classifications; (9) The requirement for approval of the final park plan by the city commission with a recommenda- tion from the city recreation and parks advisory board prior to any site work; (10) Therequirementforapreconstruc- tion meeting prior to any site work; (11) Appropriate sections from the design guidelines for city parks; (12) Cost estimate and installation re- sponsibilityforallimprovements; (13) If playground equipment will be provided, information including themanufacturer,installationdata and specifications, installer, type of fall zone surfacing and age group intended for use shall be provided; and § 38.41.060 BOZEMAN MUNICIPAL CODE CD38:314PROOFS (14) Soils information and analysis. b.Park maintenance. (1) Maintenanceinformation,includ- inglevelsofmaintenance,amain- tenance schedule, and responsi- ble parties; (2) Weed control plan, including re- sponsible parties; and (3) Plan for garbage collection, snow removal and leaf removal includ- ing responsible parties. c.Irrigation information. (1) An irrigation system map gener- ally showing the locations and types of lines, including depth, water source, heads, electric valves, quick couplers, drains and control box; and (2) If a well will be used for irriga- tion, a certified well log shall be submitted showing depth of well, gpm, pump type and size, volt- age, water rights, etc. d.Phasing.If improvements will be phased, a phasing plan shall be pro- vided including proposed financing methods and responsibilities. 17.Neighborhood center plan.Aneighborhood center plan shall be prepared and submitted for all subdivisions containing a neighbor- hood center. 18.Lighting plan.The following subdivision lighting information shall be submitted for all new subdivisions: a. For subdivision applications where lighting is required or proposed, light- ing plans shall be submitted to the city for review and approval, and shall include: (1) Isofootcandle plots for individ- ual fixture installations, and ten- foot by ten-foot illuminance- grid plots for multifixture installations, which demonstrate compliance with the intensity and uniformity requirements as set forth in this chapter. (2) Description of the proposed equipment,includingfixtureman- ufacturer's cutsheets, photometrics, glare reduction de- vices, lamps, on/off control de- vices, mounting heights, pole foundation details and mounting methods. (3) The lighting plan shall be pre- pared, and certified for compli- ance with the city's design re- quirements and illumination standards, by a qualified lighting professional. Qualified lighting professionals include electrical engineers, architects, lighting de- signers and manufacturers repre- sentatives. (4) Lighting calculations shall in- clude only the illuminated areas; areas occupied by buildings or other nonlighted areas shall be excluded from calculations. b. When requested by the city, the appli- cant shall also submit a visual-impact planthatdemonstratesappropriatesteps have been taken to mitigate on-site and off-site glare and to retain the city's character. c. Post-approval alterations to lighting plans or intended substitutions for ap- proved lighting shall only be made after city review and approval. 19.Miscellaneous. a.Public lands.Describe how the sub- division will affect access to any pub- lic lands. Where public lands are ad- jacent to or within 200 feet of the proposed development, describe pres- ent and anticipated uses for those § 38.41.060UNIFIED DEVELOPMENT CODE CD38:315PROOFS lands (e.g., open space, recreation, etc.), and how public access will be preserved/enhanced. b.Hazards.Describe any health or safety hazards on or near the subdivision, such as mining activity or potential subsidence, high pressure gas lines, dilapidated structures or high voltage power lines. Any such conditions should be accurately described and their origin and location identified. List any provisions that will be made to mitigate these hazards. Also de- scribe any on-site or off-site land uses creating a nuisance. 20.Affordable housing.Describe how the sub- division will satisfy the requirements of chapter 10, article 8. The description shall be of adequate detail to clearly identify those lots designated as subject to chapter 10, article 8 compliance requirements and to make the obligations placed on the af- fected lots readily understandable. a. On all lots intended to be used to satisfy the requirements of chapter 10, article 8, the allowable building enve- lope shall be depicted. (Ord. No. 1645, § 18.78.060, 8-15-2005; Ord. No. 1693, § 28(18.78.060), 2-20-2007; Ord. No. 1709, § 15(18.78.060), 7-16-2007; Ord. No. 1755, § 2, 1-20-2009; Ord. No. 1761, exh. Q(18.78.060), 7-6- 2009; Ord. No. 1796, § 8, 1-3-2011) Sec. 38.41.070. Final plat. A. A final subdivision plat may not be approved by the city commission unless all certificates, with the exception of the director of public service and the county clerk and recorder, have been complied with, signed and notarized and all subdivision regulations and conditions of preliminary plat ap- proval have been met. A final subdivision plat may not be filed with the county clerk and recorder unless all certificates, with the exception of the county clerk and recorder, have been complied with, signed and notarized. This shall include the certification by the county treasurer that no real property taxes and special assessments assessed and levied on the land to be subdivided are delinquent. 1. A final subdivision plat may not be ap- proved by the city commission or filed by the county clerk and recorder unless it complies with the uniform standards for final subdivision plats as established in the Administrative Rule of Montana. 2. A letter from the city engineer shall be submitted to the planning department with the final plat application, where applicable, certifying that the following documents have been received: a. As-built drawings, i.e., copies of final plans, profiles, grades and specifica- tions for public improvements, includ- ing a complete grading and drainage plan. b. Copy of the state highway access or encroachment permit where a street created by the plat will intersect with a state highway. 3. Noxious weed MOU. Prior to final plat approval, a memorandum of understanding shall be entered into by the weed control district and the developer. The memoran- dum of understanding shall be signed by the district and the developer prior to final plat approval, and a copy of the signed document shall be submitted to the plan- ning department with the application for final plat approval. 4. Final park plan. For all land used to meet park land dedication requirements, a final park plan shall be submitted to the city for review and approval prior to final plat. The installation of any park improvements to meet minimum development standards or conditions of approval shall comply with article 39 of this chapter. The final park plan shall be reviewed and approved by the city commission, with a recommendation from the city recreation and parks advisory § 38.41.060 BOZEMAN MUNICIPAL CODE CD38:316PROOFS board. The final park plan shall include all of the information listed in section 38.41.060.A.16. 5. Irrigation system as-builts. The developer shall provide irrigation system as-builts, for all irrigation installed in public rights-of- way and/or land used to meet park land dedication requirements, once the irrigation system is installed. The as-builts shall in- clude the exact locations and type of lines, includingaccuratedepth,watersource,heads, electric valves, quick couplers, drains and control box. 6. Affordable housing. The developer shall provide a description of how the subdivi- sion has complied with chapter 10, article 8. The description shall be of adequate detail to clearly identify those lots desig- nated as subject to chapter 10, article 8 compliance requirements and to make the obligations placed on the affected lots read- ily understandable. (Ord. No. 1645, § 18.78.070, 8-15-2005; Ord. No. 1693, § 28(18.78.070), 2-20-2007; Ord. No. 1709, § 15(18.78.070), 7-16-2007; Ord. No. 1761, exh. Q(18.78.070), 7-6-2009) Sec. 38.41.080. Siteplansubmittalrequirements. A. Applications for all site plan approvals shall be submitted to the planning department on forms provided by the planning director. The site plan application shall be accompanied by the appropriate fee and development plans showing sufficient in- formation for the approval authority to determine whether the proposed development will meet the development requirements of the city. 1.General information. a. Complete, signed application includ- ing the following: (1) Name of project/development; (2) Location of project/development by street address and legal de- scription; (3) Name and mailing address of developer and owner; (4) Name and mailing address of engineer/architect, landscape ar- chitect and/or planner; (5) Listing of specific land uses be- ing proposed; and (6) Astatement signed by the owner of the proposed development of their intent to comply with the requirements of this Code and any conditions considered neces- sary by the approval body; b. Location map, including area within one-half mile of the site; c. List of names and addresses of prop- erty owners according to article 40 of this chapter; d. For all developments, excluding sketch and reuse/further development, a con- struction route map shall be provided showing how materials and heavy equipment will travel to and from the site. The route shall avoid, where possible,localorminorcollectorstreets or streets where construction traffic would disrupt neighborhood residen- tial character or pose a threat to public health and safety. 2.Site plan information.The following infor- mation is required whenever the requested information pertains to zoning or other regulatory requirements of this chapter, ex- isting conditions on-site or conditions on- site which would result from the proposed development: a. Boundary line of property with dimen- sions; b. Date of plan preparation and changes; c. North point indicator; d. Suggested scale of one inch to 20 feet, but not less than one inch to 100 feet; § 38.41.080UNIFIED DEVELOPMENT CODE CD38:317PROOFS e. Parcel and site coverage information: (1) Parcel size in gross acres and square feet; (2) Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR), with a breakdown by land use; and (3) Location, percentage of parcel and total site, and square footage for the following: (a) Existing and proposed buildings and structures; (b) Driveway and parking; (c) Open space and/or land- scapedarea,recreationaluse areas,publicandsemipublic land, parks, school sites, etc.; and (d) Public street right-of-way; f. Total number, type and density per type of dwelling units, and total net and gross residential density and den- sity per residential parcel; g. Location, identification and dimen- sion of the following existing and proposed data, on-site and to a dis- tance of 100 feet (200 feet for PUDs) outside site plan boundary, exclusive of public rights-of-way, unless other- wise stated: (1) Topographic contours at a mini- mum interval of two feet, or as determined by the planning di- rector; (2) Adjacent streets and street rights- of-way to a distance of 150 feet, except for sites adjacent to ma- jor arterial streets where the dis- tances shall be 200 feet; (3) On-site streets and rights-of- way; (4) Ingress and egress points; (5) Traffic flow on-site; (6) Traffic flow off-site; (7) Utilities and utility rights-of- way or easements: (a) Electric; (b) Natural gas; (c) Telephone, cable TV, and similar utilities; (d) Water; and (e) Sewer (sanitary, treated ef- fluent and storm); (8) Surface water, including: (a) Holding ponds, streams and irrigation ditches; (b) Watercourses, water bodies and wetlands; (c) Floodplains as designated onthefederalinsurancerate map or that may otherwise be identified as lying within a 100-year floodplain through additional flood- plain delineation, engineer- ing analysis, topographic survey or other objective and factual basis; and (d) A floodplain analysis re- port in compliance with ar- ticle 31 of this chapter if notpreviouslyprovidedwith subdivision review; (9) Grading and drainage plan, in- cluding provisions for on-site re- tention/detention and water qual- ity improvement facilities as required by the engineering de- partment, or in compliance with any adopted storm drainage or- dinanceorbestmanagementprac- tices manual adopted by the city; (a) All drainageways, streets, arroyos, dry gullies, diver- sion ditches, spillways, res- ervoirs, etc., which may be § 38.41.080 BOZEMAN MUNICIPAL CODE CD38:318PROOFS incorporated into the storm drainage system for the property shall be desig- nated: (i) The name of the drainageway (where appropriate); (ii) The downstream con- ditions (developed, available drainageways, etc.); and (iii) Any downstream re- strictions; (10) Significant rock outcroppings, slopes of greater than 15 percent or other significant topographic features; (11) Sidewalks,walkways,driveways, loading areas and docks, bike- ways, including typical details and interrelationships with vehic- ular circulation system, indicat- ing proposed treatment of points of conflict, a statement requiring lot accesses to be built to the standard contained in this sec- tion, the city design standards and specifications policy, and the city modifications to state public works standard specifications; (12) Provision for handicapped acces- sibility, including, but not lim- ited to, wheelchair ramps, park- ing spaces, handrails and curb cuts, including construction de- tails and the applicant's certifica- tion of ADA compliance; (13) Fences and walls, including typ- ical details; (14) Exterior signs; (15) Exterior refuse collection areas, including typical details; (16) A site plan, complete with all structures, parking spaces, build- ing entrances, traffic areas (both vehicular and pedestrian), vege- tation that might interfere with lighting, and adjacent uses, con- taining a layout of all proposed fixtures by location and type. The materials required in section 38.41.060.A.18, if not previ- ously provided; (17) Curb, asphalt section and drive approach construction details; (18) Landscaping (detailed plan show- ing plantings, equipment, and other appropriate information as required in section 38.41.100); (19) Unique natural features, signifi- cant wildlife areas and vegeta- tivecover,includingexistingtrees and shrubs having a diameter greater than 2.5 inches, by spe- cies; (20) Snow storage areas; (21) Location of city limit boundar- ies, and boundaries of Gallatin County's Bozeman Area Zoning Jurisdiction, within or near the development; (22) Existing zoning within 200 feet of the site; (23) Historic, cultural and archaeolog- ical resources, describe and map any designated historic struc- tures or districts, and archaeolog- ical or cultural sites; and (24) Major public facilities, including schools, parks, trails, etc.; h. Detailed plan of all parking facilities, including circulation aisles, access drives, bicycle racks, compact spaces, handicapped spaces and motorcycle parking, on-street parking, number of § 38.41.080UNIFIED DEVELOPMENT CODE CD38:319PROOFS employee and nonemployee parking spaces, existing and proposed, and total square footage of each; i. The information required by section 38.41.060.A.12, subject to the follow- ing exceptions: (1) Such information was previ- ously provided through a subdi- vision review process; or (2) The provision of such informa- tion was waived in writing by the city engineer during subdivi- sion review of the land to be developed; or (3) The provision of such informa- tion is waived in writing by the city engineer prior to submittal of a preliminary site plan appli- cation; or (4) The application for site plan ap- proval involves the redevelop- ment of property located within the city's established neighbor- hood conservation overlay dis- trict. In such cases, the city may require the property owner to sign a waiver of right to protest creation of a special improve- ment district, or other form of agreement, assuring participa- tion, on a fair share, pro-rata basis, in future improvements to intersections in the vicinity of the development proposal; or (5) The application for site plan ap- proval involves the adaptive re- use of an existing building, re- gardless of its location within the city, or the redevelopment of a property located within one of the city's urban renewal districts. In cases where an existing build- ing or complex of buildings is to be torn down and replaced with a larger building or complex of buildings, the city engineer may require the information described insection38.41.060.A.12toeval- uate the additional traffic im- pacts resulting from develop- ment of the larger building or complex of buildings; j. Building design information (on-site): (1) Building heights and elevations of all exterior walls of the build- ing or structure; (2) Height above mean sea level of the elevation of the lowest floor and location of lot outfall when the structure is proposed to be located in a floodway or flood- plain area; (3) Floor plans depicting location and dimensions of all proposed uses and activities; and (4) All on-site utilities and mechan- ical equipment; k. Description and mapping of soils ex- isting on the site, accompanied by analysis as to the suitability of such soils for the intended construction and proposed landscaping; l. Temporary facilities plan showing the location of all temporary model homes, sales offices and/or construction facil- ities, including temporary signs and parking facilities; m. Unless already provided through a previous subdivision review, a nox- ious weed control plan complying with section 38.41.050; and n. Drafts of applicable supplementary documents as set forth in article 38 of this chapter; o. The information necessary to com- plete the determination of density change and park land provision re- quired by section 38.27.020.B, unless § 38.41.080 BOZEMAN MUNICIPAL CODE CD38:320PROOFS such information was previously de- termined by the city to be inapplicable and written confirmation is provided to the applicant prior to submittal of a preliminary site plan application. If a new park will be created by the de- velopment the park plan materials of section 38.41.060.A.16, shall be pro- vided; p. Affordable housing. Describe how the site plan will satisfy any requirements of chapter 10, article 8 which have either been established for that lot through the subdivision process or if no subdivision has previously oc- curred are applicable to a site plan. The description shall be of adequate detail to clearly identify those lots and dwellingsdesignatedassubjecttochap- ter 10, article 8 compliance require- ments and to make the obligations placed on the affected lots and dwell- ings readily understandable; q. Phased site plans: (1) A phasing plan showing the lo- cation of phase boundaries and that each phase will be fully functional if subsequent phases are not completed; (2) Autilities plan showing that each phase will be able to be fully functional if subsequent phases are not completed; (3) A revegetation and grading plan showing how disturbed areas will be revegetated to control weeds and site grading and drainage control will be maintained as phased construction proceeds; (4) If the applicant intends for mul- tiple phases to be under construc- tion simultaneously, evidence of financial commitment from the project lender for the completion of all phases to be undertaken at once. Evidence of financial com- mitment may be provided at the time the building permits for the multiple phases are sought. (Ord. No. 1645, § 18.78.080, 8-15-2005; Ord. No. 1693, § 28(18.78.080), 2-20-2007; Ord. No. 1709, § 15(18.78.080), 7-16-2007; Ord. No. 1755, § 3, 1-20-2009; Ord. No. 1761, exh. Q(18.78.080), 7-6- 2009; Ord. No. 1769, § 18, 12-28-2009) Sec. 38.41.090. Certificates of appropriateness; additional application require- ments, review procedures and review criteria. A. Submittal requirements for certificates of ap- propriateness. All development proposals requiring certificates of appropriateness (i.e., located in a neighborhood conservation or entryway corridor overlay districts) shall submit the following infor- mation in addition to any sketch plan, site plan or special development submittal requirements for the proposal: 1.Neighborhood conservation overlay dis- trict.Certain information shall be provided to the appropriate review authority to re- view prior to granting or denying a certifi- cate of appropriateness. The extent of doc- umentation to be submitted on any project shall be dictated by the scope of the planned alteration and the information reasonably necessary for the appropriate review author- ity to make its determination. At a mini- mum, the following items shall be included in the submission: a. Completed application on form pro- vided by the planning department; b. One current picture of each elevation of each structure planned to be altered and such additional pictures of the specific elements of the structure or property to be altered that will clearly express the nature and extent of change planned. Except when otherwise rec- ommended, no more than eight pic- tures should be submitted and all pic- § 38.41.090UNIFIED DEVELOPMENT CODE CD38:321PROOFS tures shall be mounted on letter-size sheets and clearly annotated with the property address, elevation direction (N, S, E, W) and relevant information; c. Sketch plan or site plan information, as per section 38.19.050 or 38.19.060; d. Historical information, including avail- able data such as pictures, plans, au- thenticated verbal records and similar research documentation that may be relevant to the planned alteration; e. Materials and color schemes to be used; f. Plans, sketches, pictures, specifica- tions and other data that will clearly express the applicant's proposed alter- ations; g. A schedule of planned actions that will lead to the completed alterations; h. Such other information as may be suggested by the planning depart- ment; i. It is further suggested that the appli- cant seek comments from the neigh- borhood or area; and j. Description of any applicant-requested deviation and a narrative explanation as to how the requested deviation will encourage restoration and rehabilita- tion activity that will contribute to the overall historic character of the com- munity. 2.Entryway overlay district. a. Depending on the complexity of de- velopment, either sketch plans or site plans will be required as specified in this article. b. If the proposal includes an application for a deviation as outlined in section 38.35.050, the application for devia- tion shall be accompanied by written and graphic material sufficient to il- lustrate the conditions that the modi- fied standards will produce, so as to enable the city commission to make the determination that the deviation will produce an environment, land- scape quality and character superior to that produced by the existing stan- dards, and will be consistent with the intent and purpose of article 17 of this chapter. (Ord. No. 1645, § 18.78.090, 8-15-2005; Ord. No. 1693, § 28(18.78.090), 2-20-2007; Ord. No. 1709, § 15(18.78.090), 7-16-2007; Ord. No. 1761, exh. Q(18.78.090), 7-6-2009) Sec. 38.41.100. Submittal requirements forland- scape plans. A These landscape regulations apply to a lot or site subject to plan review and approval outlined in article 19 of this chapter, a separate landscape plan shall be submitted as part of the site plan applica- tion unless the required landscape information can be included in a clear and uncluttered manner on a site plan with a scale where one inch equals 20 feet. B. Landscape plan format. The landscape plan submittal shall include: 1. Suggested scale of one inch equals 20 feet but not less than one inch equals 100 feet; and 2. Standard drawing sheet of a size not to exceed 24 by 36 inches. A plan which cannot be drawn entirely on a 24- by 36-inch sheet must be drawn on two or more sheets, with match lines. C. Preparation of landscape plan. Landscape plans shall be prepared and certified by: 1. A state-registered landscape architect; 2. An individual with a degree in landscape design and two years of professional design experience in the state; or 3. An individual with a degree in a related field (such as horticulture, botany, plant § 38.41.090 BOZEMAN MUNICIPAL CODE CD38:322PROOFS science, etc.) and at least five years of professional landscape design experience, of which two years have been in the state. D. Contents of landscape plan. A landscape plan required pursuant to this chapter shall contain the following information: 1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person prepar- ing the plan; 2. Location of existing boundary lines and dimensions of the lot; 3. Approximate centerlines of existing water- courses, required watercourse setbacks, and the location of any 100-year floodplain; the approximate location of significant drain- age features; and the location and size of existing and proposed streets and alleys, utility easements, utility lines, driveways and sidewalks on the lot and/or adjacent to the lot; 4. Project name, street address, and lot and block description; 5. Location, height and material of proposed screening and fencing (with berms to be delineated by one foot contours); 6. Locations and dimensions of proposed land- scape buffer strips, including watercourse buffer strips; 7. Complete landscape legend providing a description of plant materials shown on the plan,includingtypicalsymbols,names(com- mon and botanical name), locations, quan- tities, container or caliper sizes at installa- tion,heights,spreadandspacing.Thelocation and type of all existing trees on the lot over six inches in caliper must be specifically indicated; 8. Complete illustration of landscaping and screening to be provided in or near off- street parking and loading areas, including information as to the amount (in square feet) of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces; 9. An indication of how existing healthy trees (if any) are to be retained and protected from damage during construction; 10. Size, height, location and material of pro- posed seating, lighting, planters, sculptures, and water features; 11. A description of proposed watering meth- ods; 12. Location of street vision triangles on the lot (if applicable); 13. Tabulation of "points" earned by the plan (see section 38.26.060); 14. Designated snow removal storage areas; 15. Location of pavement, curbs, sidewalks and gutters; 16. Show location of existing and/or proposed drainage facilities which are to be used for drainage control; 17. Existing and proposed grade; 18. Size of plantings at the time of installation and at maturity; 19. Areas to be irrigated; 20. Planting plan for watercourse buffers, per section 38.23.100, if not previously pro- vided through subdivision review; and 21. Frontandsideelevationsofbuildings,fences and walls with height dimensions if not otherwise provided by the application. Show open stairways and other projections from exterior building walls. (Ord. No. 1645, § 18.78.100, 8-15-2005; Ord. No. 1693, § 28(18.78.100), 2-20-2007; Ord. No. 1709, § 15(18.78.100), 7-16-2007; Ord. No. 1761, exh. Q(18.78.100), 7-6-2009) § 38.41.100UNIFIED DEVELOPMENT CODE CD38:323PROOFS Sec. 38.41.110. Sketch plan submittal require- ments. A sketch plan shall be drawn to scale and in sufficient detail to demonstrate compliance with the requirements of this chapter. Sketch plans shall be oriented with north at the top of the page and shall also show site boundaries, street and alley frontages with names, and location of all structures with distances to the nearest foot between buildings and from buildings to property lines. (Ord. No. 1645, § 18.78.110, 8-15-2005; Ord. No. 1693, § 28(18.78.110), 2-20-2007; Ord. No. 1709, § 15(18.78.110), 7-16-2007; Ord. No. 1761, exh. Q(18.78.110), 7-6-2009) Sec. 38.41.120. Planned unit development sub- mittal requirements. A. The following material shall be submitted for review with each planned unit development. 1.Submittal requirements for preapplications. The following information and data shall be submitted for preapplication review. The number of copies required shall be deter- mined by the planning department: a. Data regarding site conditions, land characteristics, available community facilities and utilities and other related generalinformationaboutadjacentland uses and the uses of land within one- half mile of the subject parcel of land; b. Conceptual (sketch) drawing showing the proposed location of the uses of land, major streets and other signifi- cant features on the site and within one-half mile of the site; and c. Acomputation table showing the site's proposed land use allocations by lo- cation and as a percent of total site area. 2.Submittalrequirementsforpreliminaryplans. The following information and data shall be submitted for preliminary plan review. The number of copies required shall be deter- mined by the planning department: a.Document requirements.The follow- ing information shall be presented in an 81/2- by 11-inch vertically bound document. The document shall be bound so that it will open and lie flat for reviewing and organized in the following order: (1) Application forms; (2) Alist of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the planned unit de- velopment; (3) A statement of planning objec- tives, including: (a) Statement of applicable city land use policies and objec- tives achieved by the pro- posed plan and how it fur- thers the implementation of the city growth policy; (b) Statement of: (i) Proposedownershipof open space areas; and (ii) Applicant's intentions with regard to future ownership of all or portionsoftheplanned unit development; (c) Estimate of number of em- ployees for business, com- mercial and industrial uses; (d) Description of rationale be- hind the assumptions and choices made by the appli- cant; (e) Where deviations from the requirements of this chap- ter are proposed, the appli- cant shall submit evidence § 38.41.110 BOZEMAN MUNICIPAL CODE CD38:324PROOFS of successful completion of the applicable community design objectives and crite- ria of section 38.20.090. The applicant shall submit written explanation for each of the applicable objectives or criteria as to how the plan does or does not ad- dress the objective or crite- rion. The planning director may require, or the appli- cant may choose to submit, evidence that is beyond what is required in that sec- tion. Any element of the proposal that varies from the criterion shall be de- scribed; (f) Detailed description of how conflicts between land uses of different character are being avoided or mitigated; and (g) Statement of design meth- ods to reduce energy con- sumption, (e.g., home/busi- ness utilities, transportation fuel, waste recycling); (4) Adevelopment schedule indicat- ing the approximate date when construction of the planned unit development, or stages of the same, can be expected to begin and be completed, including the proposed phasing of construc- tion of public improvements and recreational and common space areas; (5) One reduced version of all pre- liminary plan and supplemental plan maps and graphic illustra- tions at 81/2- by 11-inches or 11- by 17-inches size. b.Site plan requirements.A site plan of the proposed development drawn at a scale of not less than one inch equals 100 feet, composed of one or more sheets with an outer dimension of 24 by 36 inches, showing the information required for site plans in section 38.41.080 plus the following addi- tional information: (1) Notations of proposed owner- ship, public or private, should be included where appropriate; (2) The proposed treatment of the perimeter of the planned unit development, including materi- als and techniques used, such as screening, fences, walls and other landscaping; and (3) Attorney's or owner's certifica- tion of ownership. c.Supplemental plan requirements. (1) Viewsheds. (a) Looking onto and across the site from areas around the site, describe and map the views and vistas from adjacentpropertiesthatmay be blocked or impaired by development of the site; (b) Describe and map areas of high visibility on the site as seen from adjacent off-site locations; (2) Street cross sections if different from city standards. Street cross section schematics shall be sub- mitted for each general category of street, including: (a) The proposed width; (b) Treatment of curbs and gut- ters, or other stormwater control system if other than curb and gutter is pro- posed; § 38.41.120UNIFIED DEVELOPMENT CODE CD38:325PROOFS (c) Sidewalk systems; and (d) Bikeway systems, where al- ternatives to the design cri- teria and standards of the city are proposed; (3) Physiographic data, including the following: (a) A description of the hydro- logic conditions of the site with analysis of water table fluctuation and a statement of site suitability for in- tendedconstructionandpro- posed landscaping. The de- scription of the hydrologic conditions shall include depth to groundwater mea- surements taken May 15 through September 15; (i) An alternative to the actualmeasurementof water table depth may be offered provided that such alternative includesadetailedsoil profile,includingade- tailed description of the soil which fol- lowsTheNationalCo- operative Soil Survey Field Book for de- scribing soils and which provides good andsufficientevidence to establish the pres- ence and depth of a seasonal water table, a land form position or location, or other physiographic data which are sufficient to establish the mini- mum depth to ground- water. Some soils are not easily profiled to establish an off-sea- son high water table, such as those under- lain by sand or gravel, those high in organic matter and those with a high lime content. Physicalmonitoringof these types of soils may be necessary; (b) Locateandidentifytheown- ership of existing wells or well sites within 400 feet of the site; (4) Preliminary subdivision plat. If the project involves or requires platting, a preliminary subdivi- sion plat, subject to the require- ments of this chapter relative to subdivisions, shall be submitted; (5) Traffic impact analysis. Not with- standing the waiver provisions of section 38.41.080.A.2.i, at the discretion of the city engineer, a traffic impact analysis shall be prepared based upon the pro- posed development. The analy- sis shall include provisions of the approved development guide- lines, and shall address impacts upon surrounding land uses. The director of public service may require the traffic impact analy- sis to include the information in section 38.41.060.A.12. If a traf- fic impact analysis has been sub- mitted as part of a concurrent subdivision review, that analysis shall meet this requirement; (6) Additional studies and plans. If the development's compliance with the community design ob- jectivesandcriteriaisunderques- tion, the city commission may require additional impact studies § 38.41.120 BOZEMAN MUNICIPAL CODE CD38:326PROOFS or other plans as deemed neces- sary for providing thorough con- siderationoftheproposedplanned unit development; (7) A proposed draft of a legal in- strument containing the creation of a property owner's association sufficient to meet the require- ments of section 38.38.020 shall be submitted with the prelimi- nary plan application. 3.Submittal requirements for final plans. a. A completed and signed application form; b. A list of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the planned unit development; c. Site plan submittal requirements. (1) A final plan site plan shall be submitted on a 24- by 36-inch sheet at the same scale as the approved preliminary plan. If a different scale is requested or required, a copy of the approved preliminary plan shall be submit- ted that has been enlarged or reduced to equal the scale of the final plan. However, only the scales permitted for the prelimi- nary plans shall be permitted for final plans; (2) The final plan site plan shall show the following information: (a) Land use data (same infor- mation as required on the preliminary site plan); (b) Lot lines, easements, pub- lic rights-of-way as per sub- division plat; (c) Attorney's or owner's certi- fication of ownership; (d) Planning director certifica- tion of approval of the site plan and its conformance with the preliminary plan; and (e) Owner's certification of ac- ceptance of conditions and restrictions as set forth on the site plan; d. Supplemental plans. (1)Final landscape plan.A final landscape plan consistent with the conditions and restrictions of the approved preliminary plan shall be submitted. It shall also be consistent with the article 26 of this chapter, except that any stated conditions and restrictions of the preliminary plan approval shall supersede the provisions of article 26 of this chapter; (2)Final subdivision plat.An offi- cial final subdivision plat of the site must accompany the final planned unit development plan when applicable. City approval of the final subdivision plat shall be required before issuance of building permits; (3)Final utility plans.Prior to sub- mission of the final plan to the DRC and ADR staff, engineer- ing plans and specifications for sewer, water, street improve- ments and other public improve- ments, and an executed improve- ments agreement in proper form providing for the installation of such improvements, must be sub- mitted to and approved by the city; and (4)Open space maintenance plan. A plan for the maintenance of open space, meeting the require- ments of section 38.38.030, shall § 38.41.120UNIFIED DEVELOPMENT CODE CD38:327PROOFS be submitted with an application for final plan approval. Open space shown on the approved final plan shall not be used for the construction of any struc- tures not shown on the final plan. (Ord. No. 1645, § 18.78.120, 8-15-2005; Ord. No. 1693, § 28(18.78.120), 2-20-2007; Ord. No. 1709, § 15(18.78.120), 7-16-2007; Ord. No. 1761, exh. Q(18.78.120), 7-6-2009) Sec. 38.41.130. Submittal materials for regu- lated activities in wetlands. A. All parties applying for activity permits pro- posing action affecting federal, state or city regu- lated wetlands, watercourses and/or buffers within the city limits shall submit the following informa- tion to the water review board: 1. A wetland and watercourse delineation re- port must be submitted to the city for all projects, if aquatic resources are present. If no aquatic resources are present, a letter shall be submitted to the city stating that there are no water resources within the subject property. a. This wetland and watercourse delin- eation report shall include, but not be limited to, the following: (1) Wetlandandwatercoursedescrip- tions; (2) Functional assessment, as deter- mined by a state-accepted func- tional assessment method, i.e., Montana Department of Trans- portation (Berglund and McEldowney 2008) or Montana Department of Environmental Quality (Apfelbeck and Farris 2005); (3) Wetland types, as determined by a state-accepted functional as- sessment method (i.e., Cowardin et al 1979); (4) Wetland acreages (by a licensed surveyor); (5) Maps with property boundaries, wetland and watercourse bound- aries and acreages; and (6) Wetland data forms (U.S. Army Corps of Engineers data forms). 2. If activities are planned in and/or adjacent to aquatic resources the following informa- tion is required: a. A site plan which shows the property boundary; delineated wetland and wa- tercourse boundaries; buffer boundar- ies; and all existing and proposed structures, roads, trails, and ease- ments. The site plan will include a table of existing wetland functional ratings and acreage, required buffers and acreage, and linear feet of all watercourses and ditches. (1) All direct impacts to wetlands, watercourses, and buffers shall be highlighted and summarized in a table on the site plan. The water resource and buffer sum- mary table shall include wetland/ watercourse identification num- ber; corresponding buffer width and acreage; total site, wetland, watercourse, ditch, and buffer acreages;jurisdictionalstatus;im- pacts to all water resources and buffers; and, mitigation types and acreages. (2) All indirect impacts (e.g., shad- ing from boardwalks or public utility well drawdown) shall be summarized in the document. b. Include a map with all proposed mit- igation areas and their required buf- fers. The map will include a table of mitigation wetland type and acreage and required buffers and acreage. De- scribe the functional unit gain of the § 38.41.120 BOZEMAN MUNICIPAL CODE CD38:328PROOFS wetland mitigation (as determined by a state-accepted functional assessment method). c. The source, type and method of trans- port and disposal of any fill material to be used, and certification that the placement of fill material will not violate any applicable state or federal statutes and regulations as listed in section 38.41.020. d. The names and addresses of all prop- erty owners within 200 feet of the subject property. The names and ad- dresses shall also be provided on self- adhesive mailing labels. e. Copies of the following: (1) Any Clean Water Act (CWA) section 404 and 401 permits; (2) Any MT 301 permits; (3) Any floodplain determinations for the proposed site known to the applicant; (4) Any other applications, state or federal, for wetlands permits re- garding the proposed site; (5) Any U.S. Army Corps of Engi- neers jurisdictional determina- tions regarding wetlands on the proposed and adjacent site; and (6) If relevant, any MT state joint applicationsfortheproposedproj- ect site. f. A completed wetland review check- list. 3. If in the preparation or review of the required submittal materials it is deter- mined that there are unavoidable impacts to wetlands and/or watercourses that will re- quire a Federal Clean Water Act permit, then the following information will be sub- mitted to the city for all federal jurisdic- tional and city-regulated wetlands (see sec- tion 38.42.3240) in a compensatory mitigation report: a. The descriptive portion of the com- pensatory mitigation report shall in- clude, at a minimum: (1) The name and contact informa- tion of the applicant; the name, qualifications, and contact infor- mation for the primary author of the compensatory mitigation re- port; a description of the pro- posal; summary of the direct and indirect impacts and proposed mitigation concept; identifica- tion of all the local, state, and federal wetland/stream-related permit required for the project; and, a vicinity map for the proj- ect. (2) Description of the existing wet- land, watercourse and buffer ar- eas that will be impacted includ- ing area based on professional surveys;dominantvegetation;and functional assessments and wet- land ratings for the entire wet- land and the portions proposed to be impacted. (3) An assessment of the potential changes in wetland hydroperiod for the proposed project and how the design has been modified to avoid, minimize or reduce im- pacts to the wetland hydroperiod. (4) A description of the proposed conceptual mitigation actions for wetland, watercourse and buffer areas. Provide specifications (in- cluding buffers) for all proposed mitigation for wetland/water- course/buffer impacts. Include a map with all proposed mitiga- tion areas and their required buf- fers. § 38.41.130UNIFIED DEVELOPMENT CODE CD38:329PROOFS (5) An assessment of existing con- ditions in the zone of the pro- posed mitigation including veg- etation community structure and composition, existing hydroperiod, existing soil condi- tions, and existing wetland func- tions. (6) Provide field data that was col- lected to document the existing conditions of the proposed miti- gation sites and on which the future hydrologic and soil con- ditions of the mitigation wet- lands are based (e.g., hydrologic conditions:piezometerdata,staff/ crest gage data, hydrologic mod- eling, visual observations; soil conditions: data from hand-dug or mechanical soil pits or boring results). Do not rely on soil sur- vey data for establishing exist- ing conditions. (7) Aplanting schedule by proposed community type and hydrologic regime, size and type of plant material to be installed, spacing of plants, "typical" clustering pat- terns, total number of each spe- cies by community type, timing of installation, nutrient require- ments, watering schedule, weed control, and where appropriate measures to protect plants from destruction. Native species shall comprise 80 percent of the plants installed or seeded within the mitigation site. (8) The mitigation monitoring plan should include a period of not less than three years, and estab- lish the responsibility for long- term removal of invasive vege- tation. (9) Wetland mitigation performance criteria (measurable standards re- flective of expected develop- ment goals established for each year after the mitigation site is established, i.e., "At the end of three years there will be an 80 percent survival of the planted shrubs and trees.") for mitigation wetlands and buffers, a monitor- ing schedule, reporting require- ments to the city, and mainte- nance schedule and actions for each year of monitoring. (10) Contingency plans which clearly define course of action or cor- rective measures needed if per- formance criteria are not met. b. The scaled plan sheets for the com- pensatory mitigation must contain, at a minimum: (1) Existing wetland and buffer sur- veyed edges; proposed areas of wetland and buffer impacts; and, location of proposed wetland and buffer compensation action. (2) Surveyed topography at one- to two-foot contour intervals in the zone of the proposed compensa- tion actions if any grading activ- ity is proposed in the compensa- tion area. Provide existing and proposed mitigation design cross section for the wetland and/or buffer compensation areas. (3) Required wetland buffers for ex- istingwetlandsandproposedmit- igation areas; c. A discussion of ongoing management practices that will protect and main- tain the nonimpacted and mitigation wetland, watercourse and buffer areas in perpetuity. (Ord. No. 1645, § 18.78.130, 8-15-2005; Ord. No. 1693, § 28(18.78.130), 2-20-2007; Ord. No. 1709, § 15(18.78.130), 7-16-2007; Ord. No. 1761, exh. Q(18.78.130), 7-6-2009) § 38.41.130 BOZEMAN MUNICIPAL CODE CD38:330PROOFS Sec. 38.41.140. Submittal materials for appeals of administrative project deci- sions. A. All appeals of administrative project deci- sions shall include: 1. Name and address of the appellant; 2. The legal description and street address of the property involved in the appeal; 3. A description of the project that is the subject of the appeal; 4. Evidence that the appellant is an aggrieved person as defined in article 42 of this chapter; 5. List of names and addresses of property owners within 150 feet of the site, using the last declared county real estate tax records; 6. Stamped, unsealed envelopes addressed with names of above property owners; 7. Required appeal filing fee; and 8. The specific grounds and allegations for the appeal, and evidence necessary to support and justify a decision other than as deter- mined by the planning director. (Ord. No. 1645, § 18.78.140, 8-15-2005; Ord. No. 1693, § 28(18.78.140), 2-20-2007; Ord. No. 1709, § 15(18.78.140), 7-16-2007; Ord. No. 1761, exh. Q(18.78.140), 7-6-2009) Sec. 38.41.150. Administrativeinterpretationap- peals. A. All appeals of administrative interpretations shall include: 1. Name and address of the applicant; 2. The legal description and street address of the property, if any, involved in the appeal; 3. A description of the property, if any, that is the subject of the interpretation appeal in- cluding: a. Asite plan drawn to scale showing the property dimensions, grading, land- scaping and location of utilities, as applicable; b. Location of all existing and proposed buildings; and c. Drive accesses, driveways, access roads, parking spaces, off-street load- ing areas and sidewalks as applicable; 4. The names and addresses of the owners of the property and any other persons having a legal interest therein; 5. List of names and addresses of property owners within 150 feet of the site, using the last declared county real estate tax records; 6. Stamped, unsealed envelopes addressed with names of the above property owners; 7. Required filing fee; and 8. Evidence to prove that the decision or action of the official for which an appeal is made was incorrect or in violation of the terms of this chapter. (Ord. No. 1645, § 18.78.150, 8-15-2005; Ord. No. 1693, § 28(18.78.150), 2-20-2007; Ord. No. 1709, § 15(18.78.150), 7-16-2007; Ord. No. 1761, exh. Q(18.78.150), 7-6-2009) Sec. 38.41.160. Submittal materials for vari- ances. A. An application for a variance shall be accom- panied by a development plan showing such infor- mation as the planning director may reasonably require for purposes of this chapter. The plans shall contain sufficient information for the commission to make a proper decision on the matter. The request shall state the exceptional physical conditions and the peculiar and practical difficulties claimed as a basis for a variance. In all cases, the application shall include, and shall not be deemed filed until all of the following is submitted: 1. Name and address of the applicant; 2. The legal description of the property in- volved in the request for variance, includ- ing the street address, if any, of the prop- erty; § 38.41.160UNIFIED DEVELOPMENT CODE CD38:331PROOFS 3. The names and addresses of the owners of the property and any other persons having a legal interest therein; 4. List of names and addresses of property owners within 150 feet of the site, using the last declared county real estate tax records; 5. Stamped, unsealed envelopes addressed with names of above property owners; 6. A site plan drawn to scale showing the property dimensions, grading, landscaping and location of utilities, as applicable; 7. Location of all existing and proposed build- ings; 8. Drive accesses, driveways, access roads, parking spaces, off-street loading areas and sidewalks as applicable; 9. A clear description of the variance re- quested and the reasons for the request; 10. Justification, in writing of section 38.35.060.C.1, 2, 3 and, when applicable, 4; 11. Evidence satisfactory to the city commis- sion of the ability and intention of the applicant to proceed with actual construc- tion work in accordance with said plans within six months after issuance of permit; and 12. Required filing fee. (Ord. No. 1645, § 18.78.160, 8-15-2005; Ord. No. 1693, § 28(18.78.160), 2-20-2007; Ord. No. 1709, § 15(18.78.160), 7-16-2007; Ord. No. 1761, exh. Q(18.78.160), 7-6-2009) Sec. 38.41.170. Submittal materials for telecom- munications. A. The following information shall be submitted for review of wireless facilities as applicable. Fail- ure to provide required materials will result in a determination that the application is incomplete and the application will not be processed. 1. Submittal materials. ______________________________________________________________________________________ Table 38.41.170 Telecommunication Submittal Materials Micro- scale Small-scale Large-scale A detailed written description of how the ap- plicant has complied with, or will comply with, the applicable standards of this chapter, especially those of this article; X X X An accurate photo simulation of the site with the proposed facility in place. The simulation shall be to scale, and depict all planned and expected antennae, including collocation of other carriers, on the facility. Landscaping which is not existing or proposed on the ac- companying site plan shall not be included in the simulation unless it exists on adjoining properties; X X X § 38.41.160 BOZEMAN MUNICIPAL CODE CD38:332PROOFS Telecommunication Submittal Materials Micro- scale Small-scale Large-scale A statement of whether the proposed facility is exempt or nonexempt from environmental review under the Rules of the FCC; X X X If the facility is claimed to be exempt, a de- tailed and specific citation to the Rules of the FCC indicating the section which details the relevant exemption provisions shall be in- cluded. If the facility is not exempt from en- vironmental review, a copy of the environ- mental review shall be provided with the application, and the approval from the FCC for the site shall be provided to the city prior to the final site plan approval; and If the facility is claimed to be exempt from environmental review, a statement shall be provided, under oath and notarized, that the proposed or existing facility does or will com- ply with FCC radio frequency emission guide- lines for both general population/ uncontrolled exposures and occupational/controlled expo- sures as defined in the FCC rules. The provi- sion of false information shall result in the immediate revocation of permits or approvals granted upon the basis of the false informa- tion and the cessation of operation of the of- fending facilities; When the applicant is a wireless service pro- vider, proof that the applicant is licensed by the FCC to provide the wireless communica- tion services that the proposed facility is de- signed to support, or that licensing by the FCC is not required; X X X A report providing a description of the large scale wireless facility with technical reasons and justification for its design and placement; X A description of the maximum capacity of the large scale wireless facility as proposed and how the facility can be retrofitted or modified to accommodate changing user needs; X § 38.41.170UNIFIED DEVELOPMENT CODE CD38:333PROOFS Telecommunication Submittal Materials Micro- scale Small-scale Large-scale Documentation establishing the structural in- tegrity for the large scale wireless facility's proposed use including documented loading calculations for wind, snow and seismic forces under circumstances of maximum ca- pacity loading prepared by a professional structural engineer licensed to practice in the state. Loading criteria shall be those set forth in the edition of the International Building Code most recently adopted by the city; and X A statement of how the collocation require- ments of section 38.29.040.B, shall be met. X 2. In addition to the materials required above, for all large scale wireless facilities 50 feet or greater in height, the applicant shall submit: a. Propagation studies for the users of the proposed facility, including exist- ing service coverage maps and whether the placement of the new site will require relocations of existing facili- ties, or a description of how and why the proposed site and facility size is required to provide service that is otherwise unavailable or substantially inadequate or is required for the intro- duction of a new service; b. A statement of intent of how colloca- tion on the facility will be addressed; c. A statement of willingness to allow collocation at reasonable and custom- ary rates by all technically feasible providers up to the structural capacity of the tower; d. An inventory of all surrounding build- ings or other structures greater than 50 feet in height within a radius of one mile of the proposed location with a listing of height and suitability for hosting the proposed users of the large scale wireless facility; e. An applicant shall demonstrate in writ- ing that there are no available open- ings on existing facilities which are feasible and that a new structure is necessary. Such demonstration shall address the criteria in section 38.29.040.B; f. A detailed explanation of how the large scale wireless facility will be maintained and how the maintenance and operations of the large scale wire- less facility will be transferred to a third party should the applicant no longer retain ownership. Unless oth- erwise approved by the city, the re- sponsibility of maintenance and oper- ations shall transfer to the owner of the underlying property; g. An explanation of how the applicant will provide a financial security for the removal of the large scale wireless facility in the event that it no longer servestelecommunicationscarriers.The financial guarantee shall be 150 per- cent of the estimated cost of facility removal and must be acceptable to the city; and h. A large scale wireless facility may be reviewed as a multiple phase project § 38.41.170 BOZEMAN MUNICIPAL CODE CD38:334PROOFS and be constructed over time as pro- vided for in section 38.29.040.B. An applicant intending to construct a new large scale wireless facility shall pro- vide letters of intent adequate to meet the requirements for leases set forth in section 38.29.040.B. (Ord. No. 1645, § 18.78.170, 8-15-2005; Ord. No. 1693, § 28(18.78.170), 2-20-2007; Ord. No. 1709, § 15(18.78.170), 7-16-2007; Ord. No. 1761, exh. Q(18.78.170), 7-6-2009) ARTICLE 42. DEFINITIONS Sec. 38.42.010. Definition of terms and interpre- tation of language. A. All words in this chapter shall be first defined as provided in this article and, if not defined herein, shall be defined as in the latest edition of 'The Illustrated Book of Development Definitions' by Harvey S. Moskowitz and Carl G. Lindbloom, and if not defined in 'The Illustrated Book of Develop- ment Definitions', shall have their customary dic- tionary definitions. B. Words used in the present tense include the future tense; words used in the singular include the plural, and words used in the plural include the singular; the word "shall" is always mandatory, the word "person" includes a firm, association, organi- zation, partnership, trust, corporation or company, as well as an individual; the word "lot" includes the words "plot" or "parcel"; the word "building" in- cludes the word "structure"; the words "used" or "occupied," as applied to any land or building, shall be construed to include the word "intended, ar- ranged, or designed to be used or occupied"; the words "map" or "zoning map" mean the zoning map of the city that delineate the area to be governed by these regulations. C. For the purposes of this chapter certain words and terms used herein are defined as follows: (Ord. No. 1645, § 18.80.010, 8-15-2005; Ord. No. 1693, § 29(18.80.010), 2-20-2007; Ord. No. 1761, exh. R(18.80.010), 7-6-2009) Sec. 38.42.020. Access or access way. The place, means or way by which pedestrians and vehicles shall have adequate and usable ingress and egress to property or use as required by this chapter. (Ord. No. 1645, § 18.80.020, 8-15-2005; Ord. No. 1693, § 29(18.80.020), 2-20-2007; Ord. No. 1761, exh. R(18.80.020), 7-6-2009) Sec. 38.42.030. Accessory building or use. A subordinate building, or portion of the princi- pal building, located on the same lot as the principal building, or a subordinate use of land, either of which is customarily incidental to the principal building or to the principal use of land. Where part of an accessory building is connected to part of the principal building by a common wall, such acces- sory building shall be counted as part of the principal building. Individual public utility installa- tions above ground are considered accessory build- ings. (Ord. No. 1645, § 18.80.030, 8-15-2005; Ord. No. 1693, § 29(18.80.030), 2-20-2007; Ord. No. 1761, exh. R(18.80.030), 7-6-2009) Sec. 38.42.040. Adaptive reuse. The development of a new use for an older building or for a building originally designed for a special or specific purpose. (Ord. No. 1755, § 4, 1-20-2009; Ord. No. 1761, exh. R(18.80.035), 7-6-2009) Sec. 38.42.050. Administrative design review (ADR) staff. Certain members of the planning staff charged with the design review, as defined in this article, of certain plans and proposals as specified in this chapter. The organization, composition and proce- dures of the administrative design review staff are subject to the requirements of article 33 of this chapter. (Ord. No. 1645, § 18.80.040, 8-15-2005; Ord. No. 1693, § 29(18.80.040), 2-20-2007; Ord. No. 1761, exh. R(18.80.040), 7-6-2009) § 38.42.050UNIFIED DEVELOPMENT CODE CD38:335PROOFS Sec. 38.42.060. Adult business. An establishment which advertises, trades, ex- changes, transfers, sells, presents, shows, offers or exhibits materials, activities, reproductions, like- nesses, services and/or objects defined as obscene by MCA 45-8-201(2). Adult business as defined in this section shall include, but need not be limited to, adult bookstores, adult motion picture theaters, rap studios, massage parlors, exotic dance studios, nude art studios, nude photographic studios and nude body painting studios. (Ord. No. 1645, § 18.80.050, 8-15-2005; Ord. No. 1693, § 29(18.80.050), 2-20-2007; Ord. No. 1761, exh. R(18.80.050), 7-6-2009) Sec. 38.42.070. Affordable housing. Housing for persons earning less than 65 percent of the area's annual median income for rental housing and 100 percent of the area's annual median income for purchased housing. Further, affordable housing does not require greater than 30 percent of the household gross annual median income for housing. Annual median income is defined by the Department of Housing and Urban Development. Affordable housing is subject to the city's afford- able housing policy. (Ord. No. 1645, § 18.80.060, 8-15-2005; Ord. No. 1693, § 29(18.80.060), 2-20-2007; Ord. No. 1761, exh. R(18.80.060), 7-6-2009) Sec. 38.42.080. Aggrieved person. A person, as defined in this article, who has a specific, personal and legal interest in the final decision of an agency, board or commission, as distinguished from a general interest such as is the concern of all members of the community, and which interest would be specifically and personally prejudiced by the decision or benefited by its reversal. (Ord. No. 1645, § 18.80.070, 8-15-2005; Ord. No. 1693, § 29(18.80.070), 2-20-2007; Ord. No. 1761, exh. R(18.80.070), 7-6-2009) Sec. 38.42.090. Agricultural activity. The cultivation or tilling of soil or use of other growing medium for the purpose of producing vegetative materials for sale or for use in a com- mercial operation and/or the raising or tending of animals for commercial sale or use. Agriculture does not include gardening for personal use, keep- ing of house pets or animals as authorized under chapter 8, or landscaping for aesthetic purposes. (Ord. No. 1645, § 18.80.080, 8-15-2005; Ord. No. 1693, § 29(18.80.080), 2-20-2007; Ord. No. 1761, exh. R(18.80.080), 7-6-2009; Ord. No. 1767, § 3(18.80.080), 9-28-2009; Ord. No. 1786, § 9, 7-26-2010) Sec. 38.42.100. Agricultural water user facility. Those facilities, which include but are not lim- ited to ditches, pipes, and other water-conveying facilities, which provide water for irrigation and stock watering on agricultural lands, with said lands being defined in MCA 15-7-202. (Ord. No. 1645, § 18.80.090, 8-15-2005; Ord. No. 1693, § 29(18.80.090), 2-20-2007; Ord. No. 1761, exh. R(18.80.090), 7-6-2009) Sec. 38.42.110. Alley. A permanent public thoroughfare providing a secondary means of access to abutting lands. (Ord. No. 1645, § 18.80.100, 8-15-2005; Ord. No. 1693, § 29(18.80.100), 2-20-2007; Ord. No. 1761, exh. R(18.80.100), 7-6-2009) Sec. 38.42.120. Aliquot part. An equal division of a government section in quarters as described by the Manual for the Survey of the Public Lands of the United States. (Ord. No. 1645, § 18.80.110, 8-15-2005; Ord. No. 1693, § 29(18.80.110), 2-20-2007; Ord. No. 1761, exh. R(18.80.110), 7-6-2009) Sec. 38.42.130. Alteration. Any act or process, except repair and light construction as defined herein, that changes one or more of the architectural features of a structure or site, including, but not limited to, the erection, construction, reconstruction, relocation of, or addi- tion to a structure. The term "alteration" may apply to any act or process that changes the interior § 38.42.060 BOZEMAN MUNICIPAL CODE CD38:336PROOFS architectural features of that portion of a public or private property commonly frequented by the gen- eral public, provided said public or private property is located within a designated historic district or listed individually on the National Register of Historic Places. However, changes upon interior elements of private residences, regardless of their location or historic status, shall not be considered alterations as defined in this section. The term "alteration" further means any change or addition to a structure within a floodplain that either increases its exterior dimensions or increases its potential flood hazard. (Ord. No. 1645, § 18.80.120, 8-15-2005; Ord. No. 1693, § 29(18.80.120), 2-20-2007; Ord. No. 1761, exh. R(18.80.120), 7-6-2009) Sec. 38.42.140. Animal hospital. A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Outside pens, kennels or runs are not permitted as part of an animal hospital operation. Short-term interior boarding is permitted. (Ord. No. 1645, § 18.80.130, 8-15-2005; Ord. No. 1693, § 29(18.80.130), 2-20-2007; Ord. No. 1761, exh. R(18.80.130), 7-6-2009) Sec. 38.42.150. Animated sign. A sign depicting action, motion, light, or color change, or that change the sign displayed through electrical or mechanical means. Excludes those signs defined as revolving signs. (Ord. No. 1780, § 3(18.80.135), 3-22-2010) Sec. 38.42.160. Antenna. One or more rods, panels, discs or similar de- vices used for the transmission or reception of radio frequency signals, which may include omnidirec- tional antenna (rod), directional antenna (panel) and parabolic antenna (disc). (Ord. No. 1645, § 18.80.140, 8-15-2005; Ord. No. 1693, § 29(18.80.140), 2-20-2007; Ord. No. 1761, exh. R(18.80.140), 7-6-2009) Sec. 38.42.170. Apartment. A habitable room or suite of two or more habitable rooms meeting the requirements of the city's adopted International Building Code, located in an apartment building or used for residential purposes in nonresidential buildings located within nonresidential districts, as specified in this chapter. Efficiency units shall qualify as an apartment under this definition. (Ord. No. 1645, § 18.80.150, 8-15-2005; Ord. No. 1693, § 29(18.80.150), 2-20-2007; Ord. No. 1761, exh. R(18.80.150), 7-6-2009) Sec. 38.42.180. Apartment building. A building other than a hotel or motel containing five or more dwelling units. (Ord. No. 1645, § 18.80.160, 8-15-2005; Ord. No. 1693, § 29(18.80.160), 2-20-2007; Ord. No. 1761, exh. R(18.80.160), 7-6-2009) Sec. 38.42.190. Appellant. An aggrieved person who has appealed the decision of an agency, board or commission to another body designated herein by the filing of a notice of appeal. (Ord. No. 1645, § 18.80.170, 8-15-2005; Ord. No. 1693, § 29(18.80.170), 2-20-2007; Ord. No. 1761, exh. R(18.80.170), 7-6-2009) Sec. 38.42.200. Applicant. The person who, or organization which, submit- ted the application to the agency, board or commis- sion for approval, or the person who, or organiza- tion which, submitted the application to the agency, board or commission whose decision has been appealed. (Ord. No. 1645, § 18.80.180, 8-15-2005; Ord. No. 1693, § 29(18.80.180), 2-20-2007; Ord. No. 1761, exh. R(18.80.180), 7-6-2009) Sec. 38.42.210. Architectural appearance. The architectural character and general compo- sition of a structure, including, but not limited to, the kind and texture of the building's materials and § 38.42.210UNIFIED DEVELOPMENT CODE CD38:337PROOFS the type, design and character of all windows, doors, light fixtures, signs and appurtenant exterior elements; and, interior architectural detail includ- ing, but not limited to, floors, fixtures, hardware, ornamentation and other elements that contribute to the building's architectural or historical signifi- cance. (Ord. No. 1645, § 18.80.190, 8-15-2005; Ord. No. 1693, § 29(18.80.190), 2-20-2007; Ord. No. 1761, exh. R(18.80.190), 7-6-2009) Sec. 38.42.220. Area of special flood hazard. The land in the floodplain within the community subject to inundation by a one percent or greater chance of flooding in any given year, i.e., the 100-year floodplain. (Ord. No. 1645, § 18.80.200, 8-15-2005; Ord. No. 1693, § 29(18.80.200), 2-20-2007; Ord. No. 1761, exh. R(18.80.200), 7-6-2009) Sec. 38.42.230. Area of signs. The area of a sign that shall be computed by enclosing the entire area within any type of perim- eter or border which may enclose the outer limits of any writing, representation, emblem, figure or char- acter together with any other material or color forming an integral part of the display or used to differentiate such sign from a building on which it is placed. The area of a sign having no such perimeter shall be computed by enclosing the entire area within parallelograms, triangles, or circles in a size sufficient to cover the entire area of the sign copy and computing the size of such area. In the case of a two-sided sign, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. If the angle between the two sign faces is greater than 45 degrees, the sign area will be the sum of the areas of the two faces. The supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the sign. In the case of any spherical, conical, or cylindrical sign, one-half of the total surface area shall be computed as the area of the sign. (Ord. No. 1645, § 18.80.210, 8-15-2005; Ord. No. 1693, § 29(18.80.210), 2-20-2007; Ord. No. 1761, exh. R(18.80.210), 7-6-2009) Sec. 38.42.240. Artificial lot. An area within a legally existing lot that is delineated by the planning director for the sole purpose of satisfying the landscaping requirements of this chapter. (Ord. No. 1645, § 18.80.220, 8-15-2005; Ord. No. 1693, § 29(18.80.220), 2-20-2007; Ord. No. 1761, exh. R(18.80.220), 7-6-2009) Sec. 38.42.250. Artificial obstruction/develop- ment. Any obstruction which is not natural and in- cludes any dam, diversion, wall, bank stabilization method, embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectifi- cation, bridge, conduit, culvert, building, refuse, automobile body, fill or other analogous structure or matter in, along, across or projecting into any 100-year floodplain which may impede, retard or alter the pattern of flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where the natural flow of water would carry the same downstream to the damage or detriment of either life or property. (Ord. No. 1645, § 18.80.230, 8-15-2005; Ord. No. 1693, § 29(18.80.230), 2-20-2007; Ord. No. 1761, exh. R(18.80.230), 7-6-2009) Sec. 38.42.260. Arts center and/or entertain- ment center. A structure or facility for the presentation of the performing arts, including indoor motion picture theaters; theaters for live performances; indoor concert halls; and studios for arts education, such as dance or painting. Also includes entertainment ac- tivities such as arcades; bowling alleys or pool § 38.42.210 BOZEMAN MUNICIPAL CODE CD38:338PROOFS halls. The term "arts and entertainment center" does not include any business meeting the definition of adult business as defined by this chapter. (Ord. No. 1645, § 18.80.240, 8-15-2005; Ord. No. 1693, § 29(18.80.240), 2-20-2007; Ord. No. 1761, exh. R(18.80.240), 7-6-2009) Sec. 38.42.270. Attached structure. A building sharing with one or more other buildings a common wall for not less than five feet. (Ord. No. 1645, § 18.80.245, 8-15-2005; Ord. No. 1693, § 29(18.80.245), 2-20-2007; Ord. No. 1761, exh. R(18.80.245), 7-6-2009) Sec. 38.42.280. Automobile fuel sales or repair. The use of a site for the direct sale of fuel to the end user, or for the repair of automobiles, noncom- mercial trucks, motorcycles, motor homes, recre- ational vehicles or boats. The term "automobile fuel sales or repair" includes the sale and on-site instal- lation of parts, wheel and brake shops, body and fender shops, and similar repair and service activi- ties, but excludes dismantling or salvage. (Ord. No. 1645, § 18.80.250, 8-15-2005; Ord. No. 1693, § 29(18.80.250), 2-20-2007; Ord. No. 1761, exh. R(18.80.250), 7-6-2009) Sec. 38.42.290. Automobile reduction yard. Any area of land where two or more motor vehicles not in running condition and/or two or more unlicensed motor vehicles, or parts thereof, are stored in the open and are not being restored to operation; or any land, building or structure used for the wrecking, dismantling, storage or abandonment of motor vehicles or parts thereof. (Ord. No. 1645, § 18.80.260, 8-15-2005; Ord. No. 1693, § 29(18.80.260), 2-20-2007; Ord. No. 1761, exh. R(18.80.260), 7-6-2009) Sec. 38.42.300. Auto salvage yard. A junkyard primarily containing inoperable ve- hicles for purposes of being dismantled and sold as parts. (Ord. No. 1645, § 18.80.270, 8-15-2005; Ord. No. 1693, § 29(18.80.270), 2-20-2007; Ord. No. 1761, exh. R(18.80.270), 7-6-2009) Sec. 38.42.310. Automobile washing establish- ment. A building which has its primary purpose as washing automobiles. Such facilities shall be con- sidered incidental to automobile service stations if not more than one auto may be washed at one time and if the service station is clearly the principal use. (Ord. No. 1645, § 18.80.280, 8-15-2005; Ord. No. 1693, § 29(18.80.280), 2-20-2007; Ord. No. 1761, exh. R(18.80.280), 7-6-2009) Sec. 38.42.320. Awning. A roof-like structure, which is generally com- posed of a skeletal frame, covered in a fabric or other skin-type material, and typically opens on the bottom side, which projects beyond a building or extending along and projecting beyond the wall of the building. For the purposes of this chapter a sign on an awning shall be considered to be a wall sign. (Ord. No. 1645, § 18.80.290, 8-15-2005; Ord. No. 1693, § 29(18.80.290), 2-20-2007; Ord. No. 1761, exh. R(18.80.290), 7-6-2009) Sec. 38.42.330. Banner. Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. A single one of each national, state or municipal flags, or the official flag of any institution or business shall not be considered banners. (Ord. No. 1645, § 18.80.300, 8-15-2005; Ord. No. 1693, § 29(18.80.300), 2-20-2007; Ord. No. 1761, exh. R(18.80.300), 7-6-2009) Sec. 38.42.340. Bar (tavern, cocktail lounge). An establishment where alcoholic beverages are served on premises and where the total sales of alcohol exceed the total sales of food. (Ord. No. 1645, § 18.80.310, 8-15-2005; Ord. No. 1693, § 29(18.80.310), 2-20-2007; Ord. No. 1761, exh. R(18.80.310), 7-6-2009) § 38.42.340UNIFIED DEVELOPMENT CODE CD38:339PROOFS Sec. 38.42.350. Base flood. A flood having a one percent chance of being equalled or exceeded in any given year. A base flood is the same as a 100-year flood. (Ord. No. 1645, § 18.80.320, 8-15-2005; Ord. No. 1693, § 29(18.80.320), 2-20-2007; Ord. No. 1761, exh. R(18.80.320), 7-6-2009) Sec. 38.42.360. Base flood elevation. The elevation above sea level of the base flood in relation to National Geodetic Vertical Datum of 1929 unless otherwise specified in the flood hazard study. (Ord. No. 1645, § 18.80.330, 8-15-2005; Ord. No. 1693, § 29(18.80.330), 2-20-2007; Ord. No. 1761, exh. R(18.80.330), 7-6-2009) Sec. 38.42.370. Basement. A portion of a building located partly under- ground but having not less than half its floor-to- ceiling height below the average grade of the adjoining ground. (Ord. No. 1645, § 18.80.340, 8-15-2005; Ord. No. 1693, § 29(18.80.340), 2-20-2007; Ord. No. 1761, exh. R(18.80.340), 7-6-2009) Sec. 38.42.380. Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move. (Ord. No. 1645, § 18.80.350, 8-15-2005; Ord. No. 1693, § 29(18.80.350), 2-20-2007; Ord. No. 1761, exh. R(18.80.350), 7-6-2009) Sec. 38.42.390. Bed and breakfast home. Asingle-householddwellingwhichremainsowner- occupied at all times providing one or more guest rooms for compensation, and where food service is limited to breakfast which may be served to over- night guests only. (Ord. No. 1645, § 18.80.360, 8-15-2005; Ord. No. 1693, § 29(18.80.360), 2-20-2007; Ord. No. 1761, exh. R(18.80.360), 7-6-2009) Sec. 38.42.400. Building. Any structure having enclosed space and a roof for the housing and/or enclosure of persons, animals or chattels. (Ord. No. 1645, § 18.80.370, 8-15-2005; Ord. No. 1693, § 29(18.80.370), 2-20-2007; Ord. No. 1761, exh. R(18.80.370), 7-6-2009) Sec. 38.42.410. Building area. The maximum horizontal projected area of the principal and accessory building, excluding open steps, terraces, and architectural appurtenances pro- jecting not more than two feet. Building area, as that portion of a lot upon which construction is permitted, is that area of a lot that lies within the boundaries of the front, side and rear yard setback requirements measured from the actual lot line. (Ord. No. 1645, § 18.80.380, 8-15-2005; Ord. No. 1693, § 29(18.80.380), 2-20-2007; Ord. No. 1761, exh. R(18.80.380), 7-6-2009) Sec. 38.42.420. Building envelope. The three-dimensional volume on a lot lying between the front, side and rear yard setback lines and between ground level and the maximum allow- able building height, amounting to the area avail- able for potential building construction. (Ord. No. 1645, § 18.80.390, 8-15-2005; Ord. No. 1693, § 29(18.80.390), 2-20-2007; Ord. No. 1761, exh. R(18.80.390), 7-6-2009) Sec. 38.42.430. Building frontage. The maximum dimension of the building front measured on a straight line parallel to the street, but excluding facades facing alleys or driveways. (Ord. No. 1645, § 18.80.400, 8-15-2005; Ord. No. 1693, § 29(18.80.400), 2-20-2007; Ord. No. 1761, exh. R(18.80.400), 7-6-2009) Sec. 38.42.440. Building height. The vertical distance measured from grade as defined in this section to the highest point on the roof or parapet wall. Where a building utilizes multiple roof styles or pitches, the highest point of § 38.42.350 BOZEMAN MUNICIPAL CODE CD38:340PROOFS each type of roof or parapet wall shall be in conformance with applicable height regulations as established for the respective roof pitches in each zoning district. Where the vertical difference be- tween grade as defined in this section is greater than two feet between opposite elevations of the build- ing, the height of the building may be increased by one foot for every one foot in grade difference up to a maximum of six additional feet. (Ord. No. 1645, § 18.80.410, 8-15-2005; Ord. No. 1693, § 29(18.80.410), 2-20-2007; Ord. No. 1761, exh. R(18.80.410), 7-6-2009) Sec. 38.42.450. Building, principal. A building in which is conducted the main, or principal, use of the lot on which the building is situated. (Ord. No. 1645, § 18.80.420, 8-15-2005; Ord. No. 1693, § 29(18.80.420), 2-20-2007; Ord. No. 1761, exh. R(18.80.420), 7-6-2009) Sec. 38.42.460. Business. Engaging in the purchase, sale, barter or ex- change of goods, wares, merchandise or services; the maintenance or operation of offices or recre- ational or amusement enterprises. (Ord. No. 1645, § 18.80.430, 8-15-2005; Ord. No. 1693, § 29(18.80.430), 2-20-2007; Ord. No. 1761, exh. R(18.80.430), 7-6-2009) Sec. 38.42.470. Canopy. Any open, permanent roof-like accessory struc- ture which is not attached or part of a principal building. (Ord. No. 1645, § 18.80.440, 8-15-2005; Ord. No. 1693, § 29(18.80.440), 2-20-2007; Ord. No. 1761, exh. R(18.80.440), 7-6-2009) Sec. 38.42.480. Canopy tree. A species of tree which normally bears crown foliage no lower than six feet above ground level upon maturity. (Ord. No. 1645, § 18.80.450, 8-15-2005; Ord. No. 1693, § 29(18.80.450), 2-20-2007; Ord. No. 1761, exh. R(18.80.450), 7-6-2009) Sec. 38.42.490. Carport. Astructure, open on at least two sides, consisting of a roof and either walls or columns for the purpose of housing automotive vehicles and other chattels. The structure shall be considered as an accessory building when detached from the princi- pal building and as a part of the principal building when attached to the principal building along one or more sides of the carport or principal building. (Ord. No. 1645, § 18.80.460, 8-15-2005; Ord. No. 1693, § 29(18.80.460), 2-20-2007; Ord. No. 1761, exh. R(18.80.460), 7-6-2009) Sec. 38.42.500. Casino. A. An establishment whose primary use or ac- tivity is gambling, either in the form of gambling machines (video poker, keno, etc.), card games or other licensed gambling activity. A casino will normally have beverage and restaurant facilities as accessory uses. In all instances, an establishment will be considered a casino for the purpose of these regulations if any of the following characteristics apply: 1. The establishment is referenced as a casino by signage, advertisement or by name; 2. More than one card table is on the prem- ises; and/or 3. 15 or more gambling machines are on the premises. B. An applicant for a casino establishment must obtain a state license to sell alcoholic beverages for consumption on the premises. (Ord. No. 1645, § 18.80.470, 8-15-2005; Ord. No. 1693, § 29(18.80.470), 2-20-2007; Ord. No. 1761, exh. R(18.80.470), 7-6-2009) Sec. 38.42.510. Cemetery. Land used for the burial of the dead and dedi- cated for cemetery purposes, including crematories, mausoleums and mortuaries when operated in con- junction with and within the boundary of such cemetery. (Ord. No. 1645, § 18.80.480, 8-15-2005; Ord. No. 1693, § 29(18.80.480), 2-20-2007; Ord. No. 1761, exh. R(18.80.480), 7-6-2009) § 38.42.510UNIFIED DEVELOPMENT CODE CD38:341PROOFS Sec. 38.42.520. Certificate of appropriateness. Apermit issued by the pertinent review authority indicating its approval of plans to alter or construct a structure or alter a site within the Neighborhood Conservation Overlay District or Entryway Overlay District. (Ord. No. 1645, § 18.80.490, 8-15-2005; Ord. No. 1693, § 29(18.80.490), 2-20-2007; Ord. No. 1761, exh. R(18.80.490), 7-6-2009) Sec. 38.42.530. Certificate of survey. A drawing of a field survey prepared by a registered land surveyor for the purpose of disclos- ing facts pertaining to boundary locations. (Ord. No. 1645, § 18.80.500, 8-15-2005; Ord. No. 1693, § 29(18.80.500), 2-20-2007; Ord. No. 1761, exh. R(18.80.500), 7-6-2009) Sec. 38.42.540. Child. A person under 12 years of age. (Ord. No. 1645, § 18.80.510, 8-15-2005; Ord. No. 1693, § 29(18.80.510), 2-20-2007; Ord. No. 1761, exh. R(18.80.510), 7-6-2009) Sec. 38.42.550. Church. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. (Ord. No. 1645, § 18.80.520, 8-15-2005; Ord. No. 1693, § 29(18.80.520), 2-20-2007; Ord. No. 1761, exh. R(18.80.520), 7-6-2009) Sec. 38.42.560. City. The City of Bozeman. (Ord. No. 1645, § 18.80.530, 8-15-2005; Ord. No. 1693, § 29(18.80.530), 2-20-2007; Ord. No. 1761, exh. R(18.80.530), 7-6-2009) Sec. 38.42.570. City commission. The governing body of the City of Bozeman. (Ord. No. 1645, § 18.80.540, 8-15-2005; Ord. No. 1693, § 29(18.80.540), 2-20-2007; Ord. No. 1761, exh. R(18.80.540), 7-6-2009) Sec. 38.42.580. Civic use. Public buildings or uses, including, but not limited to, college/university facilities, congregate postal facilities, schools, government offices, librar- ies, assembly uses, police stations, and fire stations. (Ord. No. 1645, § 18.80.550, 8-15-2005; Ord. No. 1693, § 29(18.80.550), 2-20-2007; Ord. No. 1761, exh. R(18.80.550), 7-6-2009) Sec. 38.42.590. Club, private (nonprofit). A nonprofit association of persons who are bona fide members, paying annual dues, which owns, hires or leases a building, or a portion thereof, the use of such premises being restricted to members and their guests. (Ord. No. 1645, § 18.80.560, 8-15-2005; Ord. No. 1761, exh. R(18.80.560), 7-6-2009; Ord. No. 1761, exh. R(18.80.560), 7-6-2009) Sec. 38.42.600. Collocation. The placement of an antenna by two or more wireless service providers on a common antenna- supporting structure, or the addition or replacement of antennas on an existing structure. The term "collocation" does not include roof-mounted or surface-mounted wireless facilities or the placement of other antenna on an amateur radio antenna. (Ord. No. 1645, § 18.80.570, 8-15-2005; Ord. No. 1693, § 29(18.80.570), 2-20-2007; Ord. No. 1761, exh. R(18.80.570), 7-6-2009) Sec. 38.42.610. Commercial message. Any sign, wording, logo or other representation that directly or indirectly names, advertises or calls attention to a business, product, service or other commercial activity. (Ord. No. 1645, § 18.80.580, 8-15-2005; Ord. No. 1693, § 29(18.80.580), 2-20-2007; Ord. No. 1761, exh. R(18.80.580), 7-6-2009) § 38.42.520 BOZEMAN MUNICIPAL CODE CD38:342PROOFS Sec. 38.42.620. Commercial node. A. A commercial node is an area meeting all of the following conditions: 1. Designated as "community commercial" in the land use section of the city's adopted growth policy; 2. Designated as a B-2 zoning district; and 3. Located in one of the four following loca- tions: a. Northwest of the intersection of Stucky Road and South 19th Avenue to the limits as shown on the future land use map contained in the adopted growth policy, b. East of Highland Boulevard across from the Bozeman Deaconess Hospi- tal to the limits as shown on the future land use map contained in the adopted growth policy, c. South of West Main Street across from the Gallatin Valley Mall to the limits as shown on the future land use map contained in the adopted growth policy, d. Northwest of the intersection of Baxter Lane and Davis Lane to the limits as shown on the future land use map contained in the adopted growth pol- icy. (Ord. No. 1645, § 18.80.590, 8-15-2005; Ord. No. 1693, § 29(18.80.590), 2-20-2007; Ord. No. 1761, exh. R(18.80.590), 7-6-2009) Sec. 38.42.630. Common open space. Undeveloped land within a subdivision that has been designated, dedicated, reserved or restricted in perpetuity from further development and is set aside for the use and enjoyment by residents of the development. Common open space shall not be part of individual residential lots. It shall be substan- tially free of structures, but may contain historic structures and archaeological sites, and/or recre- ational facilities for residents, including but not limited to benches, picnic tables and interpretive signage as indicated on an approved development plan. Stormwater control facilities for the benefit of the subdivision may also be located within common open space. (Ord. No. 1645, § 18.80.600, 8-15-2005; Ord. No. 1693, § 29(18.80.600), 2-20-2007; Ord. No. 1761, exh. R(18.80.600), 7-6-2009) Sec. 38.42.640. Common ownership. Ownership by the same person, corporation, firm, entity, partnership or unincorporated associa- tion; or ownership by different corporations, firms, partnerships, or unincorporated association in which a stockbroker, partner, or associate, or a member of the owner's family owns an interest in each corpo- ration, firm, partnership, entity or unincorporated association. (Ord. No. 1645, § 18.80.610, 8-15-2005; Ord. No. 1693, § 29(18.80.610), 2-20-2007; Ord. No. 1761, exh. R(18.80.610), 7-6-2009) Sec. 38.42.650. Community center. A building or portion of a building used for nonprofit cultural, educational, recreational, reli- gious or social activities which is open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency. Examples of community centers are schools, churches, Boys and Girls Clubs, and similar uses. Community center does not include fraternities, lodges or similar uses. (Ord. No. 1645, § 18.80.620, 8-15-2005; Ord. No. 1693, § 29(18.80.620), 2-20-2007; Ord. No. 1761, exh. R(18.80.620), 7-6-2009) Sec. 38.42.660. Community residential facility. A. Asingle residential structure having common kitchen facilities including: 1. Those occupied by persons having devel- opmental disabilities and living together for the purpose of residential training, observa- tion and/or common support, in which care is provided on a 24-hour per day basis; § 38.42.660UNIFIED DEVELOPMENT CODE CD38:343PROOFS 2. A community group home for developmen- tally, mentally or severely disabled persons which does not provide skilled or interme- diate nursing care; 3. A youth foster home or other facility for care of minors as defined in MCA52-2-601 et seq.; 4. A halfway house operated in accordance with regulations of the state department of public health and human services for the rehabilitation of alcoholics or drug depen- dent persons; 5. A licensed adult foster care home; or 6. Any facility defined in MCA 76-2-411. Where a limitation of eight or fewer residents is imposed for the purpose of defining the necessary review process to establish this use, the operator of a residential facility, members of the operator's household or persons employed as staff shall not be counted as residents, except that the total number of all persons living at the facility shall not exceed ten. (Ord. No. 1645, § 18.80.630, 8-15-2005; Ord. No. 1693, § 29(18.80.630), 2-20-2007; Ord. No. 1761, exh. R(18.80.630), 7-6-2009) State law reference—Application to governmental agencies group and foster homes, MCA 76-2-401 et seq. Sec. 38.42.670. Compatible development. The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and nonmotorized transportation, and open spaces and parks. Compatible development does not re- quire uniformity or monotony of architectural or site design, density or use. (Ord. No. 1645, § 18.80.640, 8-15-2005; Ord. No. 1693, § 29(18.80.640), 2-20-2007; Ord. No. 1761, exh. R(18.80.640), 7-6-2009) Sec. 38.42.680. Compatible land use. A land use which may by virtue of the charac- teristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine com- patibility include, but are not limited to, noise, odor, light and the presence of physical hazards such as combustible or explosive materials. (Ord. No. 1645, § 18.80.650, 8-15-2005; Ord. No. 1693, § 29(18.80.650), 2-20-2007; Ord. No. 1761, exh. R(18.80.650), 7-6-2009) Sec. 38.42.690. Conditional use. A public or private use as listed in this chapter which, because of its unique characteristics, cannot be properly classified as a principal use or acces- sory use in a particular district. After consideration in each case of the impact of such use upon neighboring land, and of the public need for the particular use at the particular location, a permit for such conditional use may or may not be granted, with or without conditions, in addition to any condition specifically stated in this chapter for any particular conditional use, including time limits, pursuant to the requirements of this chapter. (Ord. No. 1645, § 18.80.660, 8-15-2005; Ord. No. 1693, § 29(18.80.660), 2-20-2007; Ord. No. 1761, exh. R(18.80.660), 7-6-2009) Sec. 38.42.700. Conditional use permit. Legal authorization to construct, develop or op- erate a conditional use as defined by this chapter. (Ord. No. 1645, § 18.80.670, 8-15-2005; Ord. No. 1693, § 29(18.80.670), 2-20-2007; Ord. No. 1761, exh. R(18.80.670), 7-6-2009) Sec. 38.42.710. Conservation easement. The grant of a property right or interest from the property owner the public or nonprofit conservation organization stipulating that the described land shall remain in perpetuity in its natural and open state, precluding future or additional development (with the exception of any allowable structures or facili- ties). (Ord. No. 1645, § 18.80.680, 8-15-2005; Ord. No. 1693, § 29(18.80.680), 2-20-2007; Ord. No. 1761, exh. R(18.80.680), 7-6-2009) § 38.42.660 BOZEMAN MUNICIPAL CODE CD38:344PROOFS Sec. 38.42.720. Contiguous tract. For the purpose of these regulations, a parcel of land next to, abutting, adjoining or touching another individual parcel of land, including tracts which are separated by public right-of-way. (Ord. No. 1645, § 18.80.690, 8-15-2005; Ord. No. 1693, § 29(18.80.690), 2-20-2007; Ord. No. 1761, exh. R(18.80.690), 7-6-2009) Sec. 38.42.730. Construction. The act of adding to an existing structure or erecting a new principal or accessory structure. (Ord. No. 1645, § 18.80.700, 8-15-2005; Ord. No. 1693, § 29(18.80.700), 2-20-2007; Ord. No. 1761, exh. R(18.80.700), 7-6-2009) Sec. 38.42.740. Convenience food restaurant. A. An establishment whose principal business is the sale of foods, frozen desserts or nonalcoholic beverages to the consumer in a ready-to-eat state for consumption either within the premises or for carry-out with consumption either on or off the premises and whose design or principal method of operation includes both of the following character- istics: 1. Foods, frozen desserts or nonalcoholic bev- erages are usually served in edible contain- ers or in paper, plastic or other disposable containers; 2. The customer is not served food at the customer's table by an employee but re- ceives it at a counter, window or similar facility for carrying to another location for consumption either on or off the premises. (Ord. No. 1645, § 18.80.710, 8-15-2005; Ord. No. 1693, § 29(18.80.710), 2-20-2007; Ord. No. 1761, exh. R(18.80.710), 7-6-2009) Sec. 38.42.750. Convenience use. A. Retail commercial uses which have relatively high traffic-generation rates per 1,000 square feet compared to other commercial uses. A use is designated as a convenience use if the method of operation includes one or more of the following characteristics: 1. Retail motor fuel is sold; 2. The primary business is the sale of food or drink for consumption, either on or off premises, over a counter, or from an out- door service window or automobile service window. Of the food or drink sold, at least 20 percent is in disposable or carry-out containers; or 3. Drive-in and drive-through restaurants. (Ord. No. 1645, § 18.80.720, 8-15-2005; Ord. No. 1693, § 29(18.80.720), 2-20-2007; Ord. No. 1761, exh. R(18.80.720), 7-6-2009) Sec. 38.42.760. Cooperative household. A. Five or more persons who are granted a conditional use permit as a cooperative household pursuant to the terms of article 18 of this chapter. A cooperative household exhibits four or more of the following characteristics: 1. A shared strong bond or common commit- ment to a single purpose, such as members of a religious order; 2. Are not legally dependent on others not living with them; 3. Can establish legal "domicile" as defined by state law; 4. Share a single household budget; 5. Share in the work of maintaining the prem- ises; 6. Legally share in the ownership or posses- sion of the premises, e.g., tenants in com- mon on a deed or cosigners of a single lease; or 7. The relationship must be of a permanent and distinct character with a demonstrable and recognizable bond characteristic of a cohesive unit. § 38.42.760UNIFIED DEVELOPMENT CODE CD38:345PROOFS B. Cooperative housing does not mean any so- ciety, club, fraternity, sorority, association, lodge, organization or group of students or other individ- uals with a common living arrangement or whose basis for the establishment of the housekeeping unit is temporary. (Ord. No. 1645, § 18.80.730, 8-15-2005; Ord. No. 1693, § 29(18.80.730), 2-20-2007; Ord. No. 1761, exh. R(18.80.730), 7-6-2009) Sec. 38.42.770. Covenant. An agreement that binds and restricts the land in the hands of present owners and subsequent pur- chasers with a view towards protecting and enhanc- ing the physical, natural and economic integrity of an area. (Ord. No. 1645, § 18.80.740, 8-15-2005; Ord. No. 1693, § 29(18.80.740), 2-20-2007; Ord. No. 1761, exh. R(18.80.740), 7-6-2009) Sec. 38.42.780. Date of submission. The date at which the plat or plan and all required supplementary information is received and certified as complete by the planning department. (Ord. No. 1645, § 18.80.750, 8-15-2005; Ord. No. 1693, § 29(18.80.750), 2-20-2007; Ord. No. 1761, exh. R(18.80.750), 7-6-2009) Sec. 38.42.790. Day care center. A place in which supplemental care is provided to 13 or more nonresident persons on a regular basis and which is licensed by the state. (Ord. No. 1645, § 18.80.760, 8-15-2005; Ord. No. 1693, § 29(18.80.760), 2-20-2007; Ord. No. 1761, exh. R(18.80.760), 7-6-2009) Sec. 38.42.800. Day care home, family. A private residence in which supplemental care is provided to three to six nonresident persons from separate families on a regular basis and which is registered by the state. (Ord. No. 1645, § 18.80.770, 8-15-2005; Ord. No. 1693, § 29(18.80.770), 2-20-2007; Ord. No. 1761, exh. R(18.80.770), 7-6-2009) Sec. 38.42.810. Day care home, group. A private residence in which supplemental care is provided to seven to 12 nonresident persons on a regular basis and which is registered by the state. (Ord. No. 1645, § 18.80.780, 8-15-2005; Ord. No. 1693, § 29(18.80.780), 2-20-2007; Ord. No. 1761, exh. R(18.80.780), 7-6-2009) Sec. 38.42.820. Dedication. The deliberate appropriation of land by an owner for any general and public use, reserving no rights which are incompatible with the full exercise and enjoyment of the public use to which the property has been devoted. (Ord. No. 1645, § 18.80.790, 8-15-2005; Ord. No. 1693, § 29(18.80.790), 2-20-2007; Ord. No. 1761, exh. R(18.80.790), 7-6-2009) Sec. 38.42.830. Demolition. Any act or process that destroys, in part or whole, a structure or archaeological site. (Ord. No. 1645, § 18.80.800, 8-15-2005; Ord. No. 1693, § 29(18.80.800), 2-20-2007; Ord. No. 1761, exh. R(18.80.800), 7-6-2009) Sec. 38.42.840. Design review. The aesthetic evaluation of certain development proposals, including those located in the neighbor- hood conservation overlay district, entryway over- lay district, and all planned unit developments and retail developments consisting of single-tenant build- ings greater than 40,000 square feet relative to architectural, site, landscape, environmental, urban and other design matters as specified in this chapter. (Ord. No. 1645, § 18.80.810, 8-15-2005; Ord. No. 1693, § 29(18.80.810), 2-20-2007; Ord. No. 1761, exh. R(18.80.810), 7-6-2009) Sec. 38.42.850. Design review board. That board created by article 33 of this chapter and appointed by the city commission, charged with § 38.42.760 BOZEMAN MUNICIPAL CODE CD38:346PROOFS the design review, as defined in this article, of certain plans and proposals as specified in this chapter. (Ord. No. 1645, § 18.80.820, 8-15-2005; Ord. No. 1693, § 29(18.80.820), 2-20-2007; Ord. No. 1761, exh. R(18.80.820), 7-6-2009) Sec. 38.42.860. Development. Any manmade change to improve or alter real estate, including, but not limited to, subdivision of land, buildings or other structures, mining, dredg- ing, filling, grading, paving, excavation or drilling operations. (Ord. No. 1645, § 18.80.830, 8-15-2005; Ord. No. 1693, § 29(18.80.830), 2-20-2007; Ord. No. 1761, exh. R(18.80.830), 7-6-2009) Sec. 38.42.870. Development envelopes. Areas on a lot within which grading, lawns, pavement and buildings will be located. (Ord. No. 1645, § 18.80.840, 8-15-2005; Ord. No. 1693, § 29(18.80.840), 2-20-2007; Ord. No. 1761, exh. R(18.80.840), 7-6-2009) Sec. 38.42.880. Development review committee. That committee created by article 33 of this chapter and charged with the expressed intent of reviewing designated plans and proposals. (Ord. No. 1645, § 18.80.850, 8-15-2005; Ord. No. 1693, § 29(18.80.850), 2-20-2007; Ord. No. 1761, exh. R(18.80.850), 7-6-2009) Sec. 38.42.890. Deviation. A modification of physical standards of this chapter as applied to a specific piece of property located within the neighborhood conservation over- lay district or entryway corridor overlay district. A deviation may be granted only by the city commis- sion. (Ord. No. 1645, § 18.80.860, 8-15-2005; Ord. No. 1693, § 29(18.80.860), 2-20-2007; Ord. No. 1761, exh. R(18.80.860), 7-6-2009) Sec. 38.42.900. Division of land. The segregation of one or more parcels of land from a larger tract held in single or undivided ownership by transferring, or contracting to trans- fer, title to or possession of a portion of the tract, or properly filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels pursuant to these subdivision regulations and the Montana Subdivision and Platting Act (MCA 76-3-101 et seq.). The conveyance of a tract of record or an entire parcel of land that was created by a previous division of land is not a division of land. (Ord. No. 1645, § 18.80.870, 8-15-2005; Ord. No. 1693, § 29(18.80.870), 2-20-2007; Ord. No. 1761, exh. R(18.80.870), 7-6-2009) Sec. 38.42.910. Directional sign. An on-premises sign which is intended to convey information regarding the location of specific fea- tures of the site or to convey on-premise regulations including traffic and circulation regulations. (Ord. No. 1645, § 18.80.880, 8-15-2005; Ord. No. 1693, § 29(18.80.880), 2-20-2007; Ord. No. 1761, exh. R(18.80.880), 7-6-2009) Sec. 38.42.920. Drive access. That area between the curb of a street, or edge of the traveled portion of a street when no curb exists, and the right-of-way/property line over which the city will permit vehicular travel from the traveled portion of a street to an individual property or off-street parking space. (Ord. No. 1645, § 18.80.890, 8-15-2005; Ord. No. 1693, § 29(18.80.890), 2-20-2007; Ord. No. 1761, exh. R(18.80.890), 7-6-2009) Sec. 38.42.930. Drive-in business. Any business in which people are provided a service or a product, where a sale is made without the customer being required to leave the vehicle. Such businesses include, but are not limited to, drive-in theater, drive-in bank, freestanding auto- § 38.42.930UNIFIED DEVELOPMENT CODE CD38:347PROOFS mated teller machine, drive-in laundry or dry clean- ing pickup station, drive-in restaurant and any business offering take-home food services. (Ord. No. 1645, § 18.80.900, 8-15-2005; Ord. No. 1693, § 29(18.80.900), 2-20-2007; Ord. No. 1761, exh. R(18.80.900), 7-6-2009) Sec. 38.42.940. Dwelling. A building, or portion thereof, meeting the re- quirements of the city's adopted International Build- ing Code and used by one household, as defined by this article, for residential purposes. Dwelling oc- cupancy duration is typically longer than 30 con- tinuous days. Dwellings may exist in many config- urations, including single-household, two-household, multiple-household dwellings and group homes. Dwellings do not include hotels, motels, extended stay lodgings or tourist homes. (Ord. No. 1645, § 18.80.910, 8-15-2005; Ord. No. 1693, § 29(18.80.910), 2-20-2007; Ord. No. 1761, exh. R(18.80.910), 7-6-2009) Sec. 38.42.950. Easement. A grant by a property owner to the public, a specific person or persons, other than the owner, for a right to use land for a specific purpose or purposes. (Ord. No. 1645, § 18.80.920, 8-15-2005; Ord. No. 1693, § 29(18.80.920), 2-20-2007; Ord. No. 1761, exh. R(18.80.920), 7-6-2009) Sec. 38.42.960. Efficiency unit. A dwelling unit containing only one habitable room as defined and regulated by the most recently adopted International Building Code. (Ord. No. 1645, § 18.80.930, 8-15-2005; Ord. No. 1693, § 29(18.80.930), 2-20-2007; Ord. No. 1761, exh. R(18.80.930), 7-6-2009) Sec. 38.42.970. Engineer(registered professional engineer). A person licensed in conformance with the Mon- tana Professional Engineers RegistrationAct (MCA 37-67-101 through 37-67-332) to practice engineer- ing in the statea. (Ord. No. 1645, § 18.80.940, 8-15-2005; Ord. No. 1693, § 29(18.80.940), 2-20-2007; Ord. No. 1761, exh. R(18.80.940), 7-6-2009) Sec. 38.42.980. Engineering division. Engineering Division of the City of Bozeman's Department of Public Service. (Ord. No. 1645, § 18.80.950, 8-15-2005; Ord. No. 1693, § 29(18.80.950), 2-20-2007; Ord. No. 1761, exh. R(18.80.950), 7-6-2009) Sec. 38.42.990. Essential services (Type I). Water pumping stations; stormwater drainage facilities (including collection lines, retention/ detention ponds and drainageways); sanitary sewer and storm sewer lift stations; public domestic water storage facilities; water fill stations for firefighting equipment; local service telephone lines and cables; local service electrical distribution lines and cables; local service cable television lines; local service electronic data transmission lines and cables; water and sanitary sewer distribution and collection lines; and public and amateur radio antennae and towers. (Ord. No. 1645, § 18.80.960, 8-15-2005; Ord. No. 1693, § 29(18.80.960), 2-20-2007; Ord. No. 1761, exh. R(18.80.960), 7-6-2009) Sec. 38.42.1000. Essential services (Type II). Pipelines to transport gas, oil and coal (interstate and intrastate); electric substations; electrical trans- mission lines (interstate and intrastate); public sup- ply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); telephone satellite community dial offices; tele- phone exchanges and repeater stations, except those facilities which may be considered wireless facili- ties; other accessory facilities, equipment and struc- tures; and police and fire stations. (Ord. No. 1645, § 18.80.970, 8-15-2005; Ord. No. 1693, § 29(18.80.970), 2-20-2007; Ord. No. 1761, exh. R(18.80.970), 7-6-2009) Sec. 38.42.1010. Establish. To construct, place, insert or excavate. (Ord. No. 1645, § 18.80.980, 8-15-2005; Ord. No. 1693, § 29(18.80.980), 2-20-2007; Ord. No. 1761, exh. R(18.80.980), 7-6-2009) § 38.42.930 BOZEMAN MUNICIPAL CODE CD38:348PROOFS Sec. 38.42.1020. Evergreen tree or shrub. A tree or shrub of a species which normally retains its leaves/needles throughout the year. (Ord. No. 1645, § 18.80.990, 8-15-2005; Ord. No. 1693, § 29(18.80.990), 2-20-2007; Ord. No. 1761, exh. R(18.80.990), 7-6-2009) Sec. 38.42.1030. Existing manufactured home park or subdivision. A manufactured home park or subdivision where the construction of facilities for servicing the man- ufactured home lots is completed before the effec- tive date of the floodplain management regulations. This includes, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads. (Ord. No. 1645, § 18.80.1000, 8-15-2005; Ord. No. 1693, § 29(18.80.1000), 2-20-2007; Ord. No. 1761, exh. R(18.80.1000), 7-6-2009) Sec. 38.42.1040. Extended stay lodgings. Guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes for guests and contain kitchen facilities for food prep- aration, including, but not limited to, such facilities as refrigerators, stoves and ovens. Generally an individual guest will not exceed 30 days stay. This definition includes dwelling units used, rented or hired out for vacation homes. (Ord. No. 1645, § 18.80.1010, 8-15-2005; Ord. No. 1693, § 29(18.80.1010), 2-20-2007; Ord. No. 1761, exh. R(18.80.1010), 7-6-2009) Sec. 38.42.1050. Final decision. The final action of an agency, board or commis- sion when no further action is available before such agency, board or commission. (Ord. No. 1645, § 18.80.1020, 8-15-2005; Ord. No. 1693, § 29(18.80.1020), 2-20-2007; Ord. No. 1761, exh. R(18.80.1020), 7-6-2009) Sec. 38.42.1060. Final plat. The final drawing of a subdivision and dedica- tion required by this chapter and the Montana Subdivision and Platting Act to be prepared for filing for record with the clerk and recorder, and containing all elements and requirements set forth in this chapter and the Montana Subdivision and Platting. (Ord. No. 1645, § 18.80.1030, 8-15-2005; Ord. No. 1693, § 29(18.80.1030), 2-20-2007; Ord. No. 1761, exh. R(18.80.1030), 7-6-2009) Sec. 38.42.1070. Final site plan. The final scale drawings of a preliminarily ap- proved development and any other required infor- mation, the approval of which by the planning director indicates that the required conditions for approval have been met. (Ord. No. 1645, § 18.80.1040, 8-15-2005; Ord. No. 1693, § 29(18.80.1040), 2-20-2007; Ord. No. 1761, exh. R(18.80.1040), 7-6-2009) Sec. 38.42.1080. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry lands from the overflow of a stream, or the unusual and rapid accumulation or runoff of surface waters from any source. (Ord. No. 1645, § 18.80.1050, 8-15-2005; Ord. No. 1693, § 29(18.80.1050), 2-20-2007; Ord. No. 1761, exh. R(18.80.1050), 7-6-2009) Sec. 38.42.1090. Flood insurance rate map. The map on which FEMA has delineated both the 100-year floodplains and the risk premium zones. (Ord. No. 1645, § 18.80.1060, 8-15-2005; Ord. No. 1693, § 29(18.80.1060), 2-20-2007; Ord. No. 1761, exh. R(18.80.1060), 7-6-2009) Sec. 38.42.1100. Flood insurance study. The report in which FEMA has provided flood profiles, as well as the Flood Boundary/Floodway Map and the water surface profiles. (Ord. No. 1645, § 18.80.1070, 8-15-2005; Ord. No. 1693, § 29(18.80.1070), 2-20-2007; Ord. No. 1761, exh. R(18.80.1070), 7-6-2009) § 38.42.1100UNIFIED DEVELOPMENT CODE CD38:349PROOFS Sec. 38.42.1110. Floodplain. Areas generally adjoining a stream that would be covered by floodwater of a 100-year flood except for designated shallow flooding areas that receive less than one foot of water per occurrence. The floodplain consists of a floodway and floodway fringe. Floodplain regulations are found in article 31 of this chapter. (Ord. No. 1645, § 18.80.1080, 8-15-2005; Ord. No. 1693, § 29(18.80.1080), 2-20-2007; Ord. No. 1761, exh. R(18.80.1080), 7-6-2009) Sec. 38.42.1120. Floodplain Act. The Montana Floodplain and Floodway Manage- ment Act, MCA 76-5-101 et seq. (Ord. No. 1645, § 18.80.1090, 8-15-2005; Ord. No. 1693, § 29(18.80.1090), 2-20-2007; Ord. No. 1761, exh. R(18.80.1090), 7-6-2009) Sec. 38.42.1130. Floodway. The channel of a stream and the adjacent overbank areas that must be reserved in order to discharge a base flood (100-year flood) without cumulatively increasing the water surface elevation more than one-half foot. (Ord. No. 1645, § 18.80.1100, 8-15-2005; Ord. No. 1693, § 29(18.80.1100), 2-20-2007; Ord. No. 1761, exh. R(18.80.1100), 7-6-2009) Sec. 38.42.1140. Floodway fringe. The portion of the floodplain that is outside the limits of the floodway. (Ord. No. 1645, § 18.80.1110, 8-15-2005; Ord. No. 1693, § 29(18.80.1110), 2-20-2007; Ord. No. 1761, exh. R(18.80.1110), 7-6-2009) Sec. 38.42.1150. Food processing facility. A facility in which food is processed or other- wise prepared for eventual human consumption, but not consumed on the premises. (Ord. No. 1645, § 18.80.1120, 8-15-2005; Ord. No. 1693, § 29(18.80.1120), 2-20-2007; Ord. No. 1761, exh. R(18.80.1120), 7-6-2009) Sec. 38.42.1160. Footcandle. A unit of light intensity stated in lumens per square foot and measurable with an illuminance meter. (Ord. No. 1645, § 18.80.1130, 8-15-2005; Ord. No. 1693, § 29(18.80.1130), 2-20-2007; Ord. No. 1761, exh. R(18.80.1130), 7-6-2009) Sec. 38.42.1170. Freestanding sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other struc- ture. (Ord. No. 1645, § 18.80.1140, 8-15-2005; Ord. No. 1693, § 29(18.80.1140), 2-20-2007; Ord. No. 1761, exh. R(18.80.1140), 7-6-2009) Sec. 38.42.1180. Front line of building. The line of the face of a building nearest the front lot line. (Ord. No. 1645, § 18.80.1150, 8-15-2005; Ord. No. 1693, § 29(18.80.1150), 2-20-2007; Ord. No. 1761, exh. R(18.80.1150), 7-6-2009) Sec. 38.42.1190. Front yard. A yard extending across the full width of the lot between two side lot lines, the depth of which is the least distance between the street right-of-way and the front building line. (Ord. No. 1645, § 18.80.1160, 8-15-2005; Ord. No. 1693, § 29(18.80.1160), 2-20-2007; Ord. No. 1761, exh. R(18.80.1160), 7-6-2009) Sec. 38.42.1200. Garage, private. A detached accessory building, or portion of a main building, designed or primarily used for the storage of self-propelled vehicles for the household housed in the building to which such garage is accessory. (Ord. No. 1645, § 18.80.1170, 8-15-2005; Ord. No. 1693, § 29(18.80.1170), 2-20-2007; Ord. No. 1761, exh. R(18.80.1170), 7-6-2009) § 38.42.1110 BOZEMAN MUNICIPAL CODE CD38:350PROOFS Sec. 38.42.1210. Garage, public. Any building or premises, except those defined herein as a private garage, used for the storage or care of motor vehicles; or where such vehicles are equipped for operation, repaired or kept for rental, hire or sale. (Ord. No. 1645, § 18.80.1180, 8-15-2005; Ord. No. 1693, § 29(18.80.1180), 2-20-2007; Ord. No. 1761, exh. R(18.80.1180), 7-6-2009) Sec. 38.42.1220. Glare. The sensation produced by lighting that causes an annoyance, discomfort or loss in visual perfor- mance and visibility to the eye. (Ord. No. 1645, § 18.80.1190, 8-15-2005; Ord. No. 1693, § 29(18.80.1190), 2-20-2007; Ord. No. 1761, exh. R(18.80.1190), 7-6-2009) Sec. 38.42.1230. Governing body The governing authority of a city or town orga- nized pursuant to law. In the city, the city commis- sion is the governing authority. (Ord. No. 1645, § 18.80.1200, 8-15-2005; Ord. No. 1693, § 29(18.80.1200), 2-20-2007; Ord. No. 1761, exh. R(18.80.1200), 7-6-2009) Sec. 38.42.1240. Grade. The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distance from the wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of the building and the property line if it is less than five feet distance from the wall. If walls are parallel to and within five feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way. The term "fin- ished surface of the ground" shall not include window wells, stairwells or other similar features, but shall include features such as usable patio areas. (Ord. No. 1645, § 18.80.1210, 8-15-2005; Ord. No. 1693, § 29(18.80.1210), 2-20-2007; Ord. No. 1761, exh. R(18.80.1210), 7-6-2009) Sec. 38.42.1250. Green. An open space available for unstructured recre- ation, with landscaping consisting of maintained grassy areas, trees and other vegetation. (Ord. No. 1645, § 18.80.1220, 8-15-2005; Ord. No. 1693, § 29(18.80.1220), 2-20-2007; Ord. No. 1761, exh. R(18.80.1220), 7-6-2009) Sec. 38.42.1260. Greenhouse. A building or structure constructed chiefly of glass, glass-like translucent material, cloth, lath or similar materials which is devoted to the protection or cultivation of flowers or other plants. (Ord. No. 1645, § 18.80.1230, 8-15-2005; Ord. No. 1693, § 29(18.80.1230), 2-20-2007; Ord. No. 1761, exh. R(18.80.1230), 7-6-2009) Sec. 38.42.1270. Ground floor area. The square foot area of a building within its largest outside dimension computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces, garages, exterior stair- ways and secondary stairways. (Ord. No. 1645, § 18.80.1240, 8-15-2005; Ord. No. 1693, § 29(18.80.1240), 2-20-2007; Ord. No. 1761, exh. R(18.80.1240), 7-6-2009) Sec. 38.42.1280. Gross acreage. The total area of a parcel including the area of perimeter street rights-of-way to the centerline of the street. (Ord. No. 1645, § 18.80.1250, 8-15-2005; Ord. No. 1693, § 29(18.80.1250), 2-20-2007; Ord. No. 1761, exh. R(18.80.1250), 7-6-2009) Sec. 38.42.1290. Gross density. The number of residential dwelling units per unit of land used for residential purposes, with the term "unit of land" being the gross residential acreage. (Ord. No. 1645, § 18.80.1260, 8-15-2005; Ord. No. 1693, § 29(18.80.1260), 2-20-2007; Ord. No. 1761, exh. R(18.80.1260), 7-6-2009) § 38.42.1290UNIFIED DEVELOPMENT CODE CD38:351PROOFS Sec. 38.42.1300. Groundcover. Natural mulch or plants of species which nor- mally reach a height of less than two feet upon maturity, installed in such a manner so as to form a continuous cover over the ground. (Ord. No. 1645, § 18.80.1270, 8-15-2005; Ord. No. 1693, § 29(18.80.1270), 2-20-2007; Ord. No. 1761, exh. R(18.80.1270), 7-6-2009) Sec. 38.42.1310. Growth policy. An official public document adopted and used by a local government as a general guide for develop- ment and conservation decisions. It is not a regula- tion; rather, it is an official statement of public policy to guide growth and change. The required and optional elements of a growth policy are listed in MCA 76-1-601. (Ord. No. 1645, § 18.80.1280, 8-15-2005; Ord. No. 1693, § 29(18.80.1280), 2-20-2007; Ord. No. 1761, exh. R(18.80.1280), 7-6-2009) Sec. 38.42.1320. Guest house. An attached or detached accessory building used to house guests of the occupants of the principal building, and which is never rented or offered for rent. Any guest house providing cooking facilities (e.g., full-size dishwasher, more than a bar sink, or a stove) shall be considered a dwelling unit. (Ord. No. 1645, § 18.80.1290, 8-15-2005; Ord. No. 1693, § 29(18.80.1290), 2-20-2007; Ord. No. 1761, exh. R(18.80.1290), 7-6-2009) Sec. 38.42.1330. Health authorities. The state department of environmental quality, local environmental health specialist or other autho- rized representative. (Ord. No. 1645, § 18.80.1300, 8-15-2005; Ord. No. 1693, § 29(18.80.1300), 2-20-2007; Ord. No. 1761, exh. R(18.80.1300), 7-6-2009) Sec. 38.42.1340. Health and exercise establish- ments. An establishment designed and equipped for the conduct of sports, exercise activities and other customary and usual recreational activities, includ- ing tennis, racquetball, handball and squash courts, martial arts, gymnastics, weight and aerobic exer- cise rooms, running facilities, swimming pools, yoga, sport dancing, and whirlpool and sauna facil- ities. Permitted accessory uses shall include child care, suntanning booths, massage, health and nutri- tion counseling services, retail sales of sporting goods and restaurant services. (Ord. No. 1645, § 18.80.1310, 8-15-2005; Ord. No. 1693, § 29(18.80.1310), 2-20-2007; Ord. No. 1761, exh. R(18.80.1310), 7-6-2009) Sec. 38.42.1350. Height of low profile sign. The vertical distance between the finished grade and the highest component of the sign. (Ord. No. 1645, § 18.80.1320, 8-15-2005; Ord. No. 1693, § 29(18.80.1320), 2-20-2007; Ord. No. 1761, exh. R(18.80.1320), 7-6-2009) Sec. 38.42.1360. Height of pole style sign. The vertical distance between the elevation of the adjacent street curb, or edge of pavement, if no curb exists, to the highest attached component of the sign. In the event that the finished grade of the sign location is higher, or lower, than the adjacent street curb or edge of pavement, the height shall be determined as the vertical distance from the median elevation between the adjacent street curb or edge of pavement and the lowest finished grade at the base of the sign to the highest attached component of the sign. (Ord. No. 1645, § 18.80.1330, 8-15-2005; Ord. No. 1693, § 29(18.80.1330), 2-20-2007; Ord. No. 1761, exh. R(18.80.1330), 7-6-2009) Sec. 38.42.1370. Historic site. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself possesses significant his- toric, cultural or archaeological value. The value of a site shall be based on the ability of the site to meet § 38.42.1300 BOZEMAN MUNICIPAL CODE CD38:352PROOFS the eligibility requirements for historical signifi- cance as described by the National Register of Historic Places. (Ord. No. 1645, § 18.80.1340, 8-15-2005; Ord. No. 1693, § 29(18.80.1340), 2-20-2007; Ord. No. 1761, exh. R(18.80.1340), 7-6-2009) Sec. 38.42.1380. Home-based business. Any business, occupation or activity undertaken for gain within a residential structure that is inci- dental and secondary to the use of that structure as a dwelling. Home based businesses are subject to the requirements of this chapter. (Ord. No. 1645, § 18.80.1350, 8-15-2005; Ord. No. 1693, § 29(18.80.1350), 2-20-2007; Ord. No. 1761, exh. R(18.80.1350), 7-6-2009) Sec. 38.42.1390. Home office. An accessory use in which work for compensa- tion is undertaken, including, but not limited to, receiving or initiating correspondence, such as phone calls, mail, faxes or email; preparing or maintaining business records; word and data processing; and telephone, mail order and off-premises sales. (Ord. No. 1645, § 18.80.1360, 8-15-2005; Ord. No. 1693, § 29(18.80.1360), 2-20-2007; Ord. No. 1761, exh. R(18.80.1360), 7-6-2009) Sec. 38.42.1400. Hospital. An institution for the diagnosis, treatment or other cure of human ailments and which may include a sanitarium or clinic, provided such insti- tution is operated by, or treatment is given, under direct supervision of a physician licensed to prac- tice by the state. (Ord. No. 1645, § 18.80.1370, 8-15-2005; Ord. No. 1693, § 29(18.80.1370), 2-20-2007; Ord. No. 1761, exh. R(18.80.1370), 7-6-2009) Sec. 38.42.1410. Hotel or motel. A building or a group of buildings in which lodging is provided and offered to transient guests for compensation; the term "hotel or motel" shall not include a boardinghouse, extended stay lodg- ings, lodginghouse or roominghouse. (Ord. No. 1645, § 18.80.1380, 8-15-2005; Ord. No. 1693, § 29(18.80.1380), 2-20-2007; Ord. No. 1761, exh. R(18.80.1380), 7-6-2009) Sec. 38.42.1420. Household. A. Aperson living alone, or any of the following groups living together as a single nonprofit house- keeping unit and sharing common living, sleeping, cooking and eating facilities: 1. Any number of people related by blood, marriage, adoption, guardianship or other duly-authorized custodial relationship; 2. Not more than four unrelated people, in- cluding persons enrolled in an institution of higher learning; 3. Two unrelated people and any children related to either of them; or 4. Not more than four people who are: a. Residents of a "Community Residen- tial Facility" as defined in MCA 76- 2-411 et seq. and this chapter; or b. "Handicapped" as defined in the Fair Housing Act, 42 USC 3602(h). This definition does not include those per- sons currently illegally using or ad- dicted to a "controlled substance" as defined in the Controlled Substances Act, 21 USC 802(6). 5. "Household" does not include: a. Any society, club, fraternity, sorority, association, lodge, combine, federa- tion, coterie, cooperative housing or like organization; b. Any group of individuals whose asso- ciation is temporary or seasonal in nature; or § 38.42.1420UNIFIED DEVELOPMENT CODE CD38:353PROOFS c. Any group of individuals who are in a group living arrangement as a result of criminal offenses. (Ord. No. 1645, § 18.80.1390, 8-15-2005; Ord. No. 1693, § 29(18.80.1390), 2-20-2007; Ord. No. 1761, exh. R(18.80.1390), 7-6-2009) Sec. 38.42.1430. Illuminance. The quantity of light measured in footcandles or lux. The density of the luminous flux incident on a surface; it is the quotient of the luminous flux by the area of the surface when the latter is uniformly illuminated. (Ord. No. 1645, § 18.80.1400, 8-15-2005; Ord. No. 1693, § 29(18.80.1400), 2-20-2007; Ord. No. 1761, exh. R(18.80.1400), 7-6-2009) Sec. 38.42.1440. Immediate family. A spouse, children by blood or adoption, and parents. (Ord. No. 1645, § 18.80.1410, 8-15-2005; Ord. No. 1693, § 29(18.80.1410), 2-20-2007; Ord. No. 1761, exh. R(18.80.1410), 7-6-2009) Sec. 38.42.1450. Incidental. Any action or use of less importance, or second- ary to, any other action or use. (Ord. No. 1645, § 18.80.1420, 8-15-2005; Ord. No. 1693, § 29(18.80.1420), 2-20-2007; Ord. No. 1761, exh. R(18.80.1420), 7-6-2009) Sec. 38.42.1460. Incidental sign. A sign, generally informational, that has a pur- pose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar di- rectives. No sign with a commercial message, which is designed with the intent to be legible from a position off the zone lot on which the sign is located, shall be considered incidental. (Ord. No. 1645, § 18.80.1430, 8-15-2005; Ord. No. 1693, § 29(18.80.1430), 2-20-2007; Ord. No. 1761, exh. R(18.80.1430), 7-6-2009) Sec. 38.42.1470. Industry, heavy. An industry whose processing of products results in the emission of any atmospheric pollutant, light flashes, glare, odor, noise or vibration which may be heard and/or felt off the premises and an industry which constitutes a fire or explosion hazard. (Ord. No. 1645, § 18.80.1440, 8-15-2005; Ord. No. 1693, § 29(18.80.1440), 2-20-2007; Ord. No. 1761, exh. R(18.80.1440), 7-6-2009) Sec. 38.42.1480. Industry, light. An industry whose processing of products results in none of the conditions described for heavy industry. (Ord. No. 1645, § 18.80.1450, 8-15-2005; Ord. No. 1693, § 29(18.80.1450), 2-20-2007; Ord. No. 1761, exh. R(18.80.1450), 7-6-2009) Sec. 38.42.1490. Interchange zone. Districts created for the purpose of allowing larger and/or additional signage for the areas adja- cent to the Interstate 90 interchanges at East Main Street, North 7th Avenue and North 19th Avenue which are located within the Entryway Overlay District, B-2 Zoning District and within 1,300 feet of the Interstate 90 right-of-way. (Ord. No. 1645, § 18.80.1460, 8-15-2005; Ord. No. 1693, § 29(18.80.1460), 2-20-2007; Ord. No. 1761, exh. R(18.80.1460), 7-6-2009) Sec. 38.42.1500. Irregularlyshapedtractofland. A parcel of land other than an aliquot part of the United States Government survey section or a United States lot, the boundaries or areas of which cannot be determined without a survey or trigono- metric calculation. (Ord. No. 1645, § 18.80.1470, 8-15-2005; Ord. No. 1693, § 29(18.80.1470), 2-20-2007; Ord. No. 1761, exh. R(18.80.1470), 7-6-2009) Sec. 38.42.1510. Landmark. A site, structure or object designated as a "land- mark" pursuant to the procedures prescribed in article 16 of this chapter, that is worthy of preser- § 38.42.1420 BOZEMAN MUNICIPAL CODE CD38:354PROOFS vation, restoration or rehabilitation because of its historic land planning or architectural significance and officially recognized through listing in the National Register of Historic Places. A landmark shall be subject to all neighborhood conservation overlay district procedures and requirements. (Ord. No. 1645, § 18.80.1480, 8-15-2005; Ord. No. 1693, § 29(18.80.1480), 2-20-2007; Ord. No. 1761, exh. R(18.80.1480), 7-6-2009) Sec. 38.42.1520. Landscape architect. A person licensed to practice landscape architec- ture in the state. (Ord. No. 1645, § 18.80.1490, 8-15-2005; Ord. No. 1693, § 29(18.80.1490), 2-20-2007; Ord. No. 1761, exh. R(18.80.1490), 7-6-2009) Sec. 38.42.1530. Landscaping. At least 75 percent coverage of an area with natural grass, vegetative groundcover or other nat- ural living plant materials, the remainder of which is covered with nonvegatative decorative landscape design elements such as washed rock, lava rock, bark chips and ornamental features such as pools, fountains, benches, etc. For purposes of this chap- ter, the term landscaping shall be considered to have the same meaning as the terms "landscape," "land- scaped" and "landscaped area." (Ord. No. 1645, § 18.80.1500, 8-15-2005; Ord. No. 1693, § 29(18.80.1500), 2-20-2007; Ord. No. 1761, exh. R(18.80.1500), 7-6-2009) Sec. 38.42.1540. Large scale wireless facility. A wireless facility 25 feet or greater in height from the base to the highest point including attach- ments. Examples of supporting structures are mono- poles, self supporting (lattice) towers, guy-wire supported towers and other similar structures. When calculating the height of a facility, other structures designed for other uses such as buildings or water towers shall not be included in the calculation. Some illustrated examples of large scale wireless facilities are shown in Appendix A to this chapter. (Ord. No. 1645, § 18.80.1510, 8-15-2005; Ord. No. 1693, § 29(18.80.1510), 2-20-2007; Ord. No. 1761, exh. R(18.80.1510), 7-6-2009) Sec. 38.42.1550. Large shrub. A shrub which normally reaches a height of five feet or more upon maturity, and usually has five or more canes. (Ord. No. 1645, § 18.80.1520, 8-15-2005; Ord. No. 1693, § 29(18.80.1520), 2-20-2007; Ord. No. 1761, exh. R(18.80.1520), 7-6-2009) Sec. 38.42.1560. Large tree. A tree of a species which normally reaches a height of 25 feet or more upon maturity, and usually has a single stem. (Ord. No. 1645, § 18.80.1530, 8-15-2005; Ord. No. 1693, § 29(18.80.1530), 2-20-2007; Ord. No. 1761, exh. R(18.80.1530), 7-6-2009) Sec. 38.42.1570. Levee. A manmade embankment, usually earthen, de- signed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water to provide protection from tem- porary flooding. (Ord. No. 1645, § 18.80.1540, 8-15-2005; Ord. No. 1693, § 29(18.80.1540), 2-20-2007; Ord. No. 1761, exh. R(18.80.1540), 7-6-2009) Sec. 38.42.1580. Levee system. A flood protection system that consists of a levee, or levees, and associated structures, such as drainage and closure devices, which are constructed and operated in accordance with sound engineering practices. (Ord. No. 1645, § 18.80.1550, 8-15-2005; Ord. No. 1693, § 29(18.80.1550), 2-20-2007; Ord. No. 1761, exh. R(18.80.1550), 7-6-2009) Sec. 38.42.1590. Light construction. Any change not construed as an alteration or repair, including paving of established driving and parking areas (subject to the requirements of article 25 of this chapter); construction of patios not greater than 120 square feet in size; construction of § 38.42.1590UNIFIED DEVELOPMENT CODE CD38:355PROOFS sidewalks not wider than five feet; and landscaping (but not including major changes in grading or site surface drainage). (Ord. No. 1645, § 18.80.1560, 8-15-2005; Ord. No. 1693, § 29(18.80.1560), 2-20-2007; Ord. No. 1761, exh. R(18.80.1560), 7-6-2009) Sec. 38.42.1600. Light goods repair. Establishments primarily engaged in the provi- sion of repair services to individuals and house- holds as well as businesses, but excluding automo- tive, boat and similar intensive repair use types. Typical uses include, but are not limited to, the repair of appliances, shoes or clothing, watches or jewelry, instruments, office equipment or electron- ics. (Ord. No. 1645, § 18.80.1570, 8-15-2005; Ord. No. 1693, § 29(18.80.1570), 2-20-2007; Ord. No. 1761, exh. R(18.80.1570), 7-6-2009) Sec. 38.42.1610. Light source. A single artificial point source of light that emits measurable radiant energy in or near the visible spectrum. (Ord. No. 1645, § 18.80.1580, 8-15-2005; Ord. No. 1693, § 29(18.80.1580), 2-20-2007; Ord. No. 1761, exh. R(18.80.1580), 7-6-2009) Sec. 38.42.1620. Light trespass. Light emitted by a lighting installation that extends beyond the boundaries of the property on which the installation is sited. (Ord. No. 1645, § 18.80.1590, 8-15-2005; Ord. No. 1693, § 29(18.80.1590), 2-20-2007; Ord. No. 1761, exh. R(18.80.1590), 7-6-2009) Sec. 38.42.1630. Limited access. A way or means of allowing physical entrance to land at controlled locations or points. A "no access" strip or line may be placed on a plat as a means of limiting access. (Ord. No. 1645, § 18.80.1600, 8-15-2005; Ord. No. 1693, § 29(18.80.1600), 2-20-2007; Ord. No. 1761, exh. R(18.80.1600), 7-6-2009) Sec. 38.42.1640. Limited access roadway. A street or road especially designed for through traffic, over which abutting landowners have no right to direct access. (Ord. No. 1645, § 18.80.1610, 8-15-2005; Ord. No. 1693, § 29(18.80.1610), 2-20-2007; Ord. No. 1761, exh. R(18.80.1610), 7-6-2009) Sec. 38.42.1650. Local services. All services provided by governmental bodies for the benefit of citizens. These services include, but are not limited to, police, fire, water, recreation, streets, parks, libraries, schools, and wastewater and solid waste collection and disposal. (Ord. No. 1645, § 18.80.1620, 8-15-2005; Ord. No. 1693, § 29(18.80.1620), 2-20-2007; Ord. No. 1761, exh. R(18.80.1620), 7-6-2009) Sec. 38.42.1660. Lodginghouse. A building with not more than ten guest rooms where lodging with or without meals is provided for compensation to persons not meeting the definitions of household, community residential facility, coop- erative household, fraternity or sorority. Also re- ferred to as a boardinghouse. (Ord. No. 1645, § 18.80.1630, 8-15-2005; Ord. No. 1693, § 29(18.80.1630), 2-20-2007; Ord. No. 1761, exh. R(18.80.1630), 7-6-2009) Sec. 38.42.1670. Lot. A piece, parcel, plot, tract or area of land in common ownership created by subdivision or its legal equivalent for sale, lease or rent. A lot has the characteristics of being able to be occupied or capable of being occupied by one or more principal buildings, and the accessory buildings or uses customarily incidental to them, and including the open spaces required under this chapter, and having its principal lot frontage on a street. When one or more lots are held in common ownership they shall be treated as a single lot for the purposes of development review and evaluation of compliance with the standards of this chapter. (Ord. No. 1645, § 18.80.1640, 8-15-2005; Ord. No. 1693, § 29(18.80.1640), 2-20-2007; Ord. No. 1761, exh. R(18.80.1640), 7-6-2009) § 38.42.1590 BOZEMAN MUNICIPAL CODE CD38:356PROOFS Sec. 38.42.1680. Lot area. The total horizontal area within the boundary lines of a lot. (Ord. No. 1645, § 18.80.1650, 8-15-2005; Ord. No. 1693, § 29(18.80.1650), 2-20-2007; Ord. No. 1761, exh. R(18.80.1650), 7-6-2009) Sec. 38.42.1690. Lot coverage. The ratio of horizontal area, measured from the exterior surface of the exterior walls of the ground floor, of all principal and accessory buildings on a lot to the total lot area. For the purposes of calculating lot coverage, those portions of a struc- ture which do not have exterior walls are not included, even if it is covered by a roof. (Ord. No. 1769, § 19(18.80.1655), 12-28-2009) Sec. 38.42.1700. Lot measurements. A.Lot depth.The horizontal distance of a line measured at a right angle to the front lot line and running between the front lot line and rear lot line of a lot. B.Lot width.The distance as measured in a straight line, between side lot lines at the points of intersection with the required front building line. C.Lot frontage.The horizontal distance be- tween the side lot lines measured at the point where the side lot lines intersect the street right-of-way. All sides of a lot that abuts a street shall be considered frontage. On curvilinear streets, the arc between the side lot lines shall be considered the lot frontage. D.Lot area.The total horizontal area within the boundary lines of a lot. (Ord. No. 1645, § 18.80.1660, 8-15-2005; Ord. No. 1693, § 29(18.80.1660), 2-20-2007; Ord. No. 1761, exh. R(18.80.1660), 7-6-2009) Sec. 38.42.1710. Lot types. A.Corner lot.Alot at a junction of, and fronting on, two or more intersecting streets. B.Interior lot.A lot other than a corner or through lot. C.Double frontage or through lot.A lot having frontage on two parallel, or approximately parallel, streets. D.Reverse frontage lot.A double frontage or through lot that is not accessible from one of the parallel or nonintersecting streets on which it fronts. (Ord. No. 1645, § 18.80.1670, 8-15-2005; Ord. No. 1693, § 29(18.80.1670), 2-20-2007; Ord. No. 1761, exh. R(18.80.1670), 7-6-2009) Sec. 38.42.1720. Lot line, front. In the case of an interior lot, a line separating the lot from the street, in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street and in the case of a double frontage or through lot, a line separating the lot from the street from which a drive access may be permitted by the city. (Ord. No. 1645, § 18.80.1680, 8-15-2005; Ord. No. 1693, § 29(18.80.1680), 2-20-2007; Ord. No. 1761, exh. R(18.80.1680), 7-6-2009) Sec. 38.42.1730. Lot line, rear. A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. (Ord. No. 1645, § 18.80.1690, 8-15-2005; Ord. No. 1693, § 29(18.80.1690), 2-20-2007; Ord. No. 1761, exh. R(18.80.1690), 7-6-2009) Sec. 38.42.1740. Lot line, side. Any lot boundary line that is not a front lot line or a rear lot line. (Ord. No. 1645, § 18.80.1700, 8-15-2005; Ord. No. 1693, § 29(18.80.1700), 2-20-2007; Ord. No. 1761, exh. R(18.80.1700), 7-6-2009) Sec. 38.42.1750. Lot line, zero. Aconcept utilized to permit a structure or wall of a building to be located on a property line. (Ord. No. 1645, § 18.80.1710, 8-15-2005; Ord. No. 1693, § 29(18.80.1710), 2-20-2007; Ord. No. 1761, exh. R(18.80.1710), 7-6-2009) § 38.42.1750UNIFIED DEVELOPMENT CODE CD38:357PROOFS Sec. 38.42.1760. Lot width. The distance as measured in a straight line, between side lot lines at the points of intersection with the required front building line. (Ord. No. 1645, § 18.80.1720, 8-15-2005; Ord. No. 1693, § 29(18.80.1720), 2-20-2007; Ord. No. 1761, exh. R(18.80.1720), 7-6-2009) Sec. 38.42.1770. Lot with residential adjacency. A. Any of the following: 1. A building site in a residential zoning district, if the site abuts or is directly across a street or alley from an R-1, R-2, R-3, R-4 or R-O zoning district; 2. A building site in a nonresidential zoning district, if the site abuts or is directly across a street or alley from an R-S, R-1, R-2, R-3, R-4 or R-O zoning district; 3. An artificial lot in a residential district, if the lot is less than 200 feet from an R-1, R-2, R-3, R-4 or R-O zoning district; or 4. An artificial lot in a nonresidential zoning district, if the lot is less than 200 feet from an R-S, R-1, R-2, R-3, R-4 or R-O zoning district. (Ord. No. 1645, § 18.80.1730, 8-15-2005; Ord. No. 1693, § 29(18.80.1730), 2-20-2007; Ord. No. 1761, exh. R(18.80.1730), 7-6-2009) Sec. 38.42.1780. Low-profile sign. Afreestanding sign composed of a solid structure between finished grade and the top of the sign.Also referred to as a monument sign. (Ord. No. 1645, § 18.80.1740, 8-15-2005; Ord. No. 1693, § 29(18.80.1740), 2-20-2007; Ord. No. 1761, exh. R(18.80.1740), 7-6-2009) Sec. 38.42.1790. Luminaire. A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts; also called the lighting fixture. (Ord. No. 1645, § 18.80.1750, 8-15-2005; Ord. No. 1693, § 29(18.80.1750), 2-20-2007; Ord. No. 1761, exh. R(18.80.1750), 7-6-2009) Sec. 38.42.1800. Luminance. The physical and measurable luminous intensity of a surface (e.g., a lamp, luminaire, reflecting material) in a specific area and measurable with an illuminance meter. The quotient of the luminous flux at an element of the surface surrounding the point, and propagated in directions defined by an elementary cone containing the given direction, by the product of the solid angle of the cone and area of the orthogonal projection of the element of the surface on a plane perpendicular to the given direction. The luminous flux may be leaving, pass- ing through and/or arriving at the surface. (Ord. No. 1645, § 18.80.1760, 8-15-2005; Ord. No. 1693, § 29(18.80.1760), 2-20-2007; Ord. No. 1761, exh. R(18.80.1760), 7-6-2009) Sec. 38.42.1810. Lux. A unit of light intensity stated in lumens per square meter. There are approximately 10.7 lux per footcandle. (Ord. No. 1645, § 18.80.1770, 8-15-2005; Ord. No. 1693, § 29(18.80.1770), 2-20-2007; Ord. No. 1761, exh. R(18.80.1770), 7-6-2009) Sec. 38.42.1820. Manufactured home. Afactory-built, single-household structure that is manufactured under the authority of 42 USC § 5401, the National Manufactured Home Construction and Safety Standards Act, is built on a permanent chassis, and is used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. This definition specifically does not include recre- ational vehicles. Any dwelling meeting the defini- tion of modular home is not a manufactured home. (Ord. No. 1645, § 18.80.1780, 8-15-2005; Ord. No. 1693, § 29(18.80.1780), 2-20-2007; Ord. No. 1761, exh. R(18.80.1780), 7-6-2009) Sec. 38.42.1830. Manufactured home lot or space. A lot for rent or lease in a manufactured housing community designated for the accommodation of § 38.42.1760 BOZEMAN MUNICIPAL CODE CD38:358PROOFS one manufactured home and its accessory buildings or structures for the exclusive use of the occupants. (Ord. No. 1645, § 18.80.1790, 8-15-2005; Ord. No. 1693, § 29(18.80.1790), 2-20-2007; Ord. No. 1761, exh. R(18.80.1790), 7-6-2009) Sec. 38.42.1840. Manufactured home stand. That area of a lot for rent or lease which has been prepared for the placement of a manufactured home in a manufactured home community. (Ord. No. 1645, § 18.80.1800, 8-15-2005; Ord. No. 1693, § 29(18.80.1800), 2-20-2007; Ord. No. 1761, exh. R(18.80.1800), 7-6-2009) Sec. 38.42.1850. Manufactured home commu- nity. Any piece of real property under single owner- ship or control for which the primary purpose is the placement of two or more manufactured homes for permanent residential dwellings and for the produc- tion of income. A manufactured housing commu- nity does not include real property used for the display and sale of manufactured units, nor does it include real property used for seasonal purposes only, as opposed to year-round occupancy. Home sites within the community are leased to individual homeowners, who retain customary leasehold rights. (Ord. No. 1645, § 18.80.1810, 8-15-2005; Ord. No. 1693, § 29(18.80.1810), 2-20-2007; Ord. No. 1761, exh. R(18.80.1810), 7-6-2009) Sec. 38.42.1860. Manufacturing. The creation of products either with machinery or by hand according to an organized plan and with the division of labor. (Ord. No. 1645, § 18.80.1820, 8-15-2005; Ord. No. 1693, § 29(18.80.1820), 2-20-2007; Ord. No. 1761, exh. R(18.80.1820), 7-6-2009) Sec. 38.42.1870. Manufacturing, light. Fabrication of and/or assembly of goods from previously prepared materials. (Ord. No. 1645, § 18.80.1830, 8-15-2005; Ord. No. 1693, § 29(18.80.1830), 2-20-2007; Ord. No. 1761, exh. R(18.80.1830), 7-6-2009) Sec. 38.42.1880. Mean sea level. The National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood eleva- tions are referenced. (Ord. No. 1645, § 18.80.1840, 8-15-2005; Ord. No. 1693, § 29(18.80.1840), 2-20-2007; Ord. No. 1761, exh. R(18.80.1840), 7-6-2009) Sec. 38.42.1890. Medical offices, clinics and cen- ters. An establishment where patients are admitted for special study and treatment by licensed health care professionals, including acupuncturists and chiro- practors. (Ord. No. 1645, § 18.80.1850, 8-15-2005; Ord. No. 1693, § 29(18.80.1850), 2-20-2007; Ord. No. 1761, exh. R(18.80.1850), 7-6-2009) Sec. 38.42.1900. Micro-scale wireless facility. A wireless facility less than ten feet in height from the base to the highest point, including attach- ments. When calculating the height of a facility, other structures designed for other uses, such as buildings or water towers, shall not be included in the calculation. (Ord. No. 1645, § 18.80.1860, 8-15-2005; Ord. No. 1693, § 29(18.80.1860), 2-20-2007; Ord. No. 1761, exh. R(18.80.1860), 7-6-2009) Sec. 38.42.1910. Mining. The extraction of sand, gravel or other material from the land in the amount of 400 cubic yards or more and the removal thereof from the site without processing. (Ord. No. 1645, § 18.80.1870, 8-15-2005; Ord. No. 1693, § 29(18.80.1870), 2-20-2007; Ord. No. 1761, exh. R(18.80.1870), 7-6-2009) Sec. 38.42.1920. Mini-warehouse (warehouse, residential storage). A building or group of buildings in a controlled access and fenced or screened compound that con- tains relatively small storage spaces of varying sizes and/or spaces for recreational vehicles or boats, § 38.42.1920UNIFIED DEVELOPMENT CODE CD38:359PROOFS having individual, compartmentalized and con- trolled access for the dead storage of excess per- sonal property of an individual or household gen- erally stored in residential accessory structures, when such building or group of buildings are not located on the lot of the residence. (Ord. No. 1645, § 18.80.1880, 8-15-2005; Ord. No. 1693, § 29(18.80.1880), 2-20-2007; Ord. No. 1761, exh. R(18.80.1880), 7-6-2009) Sec. 38.42.1930. Minor subdivision. Asubdivision that creates five or fewer lots from a tract of record. (Ord. No. 1645, § 18.80.1890, 8-15-2005; Ord. No. 1693, § 29(18.80.1890), 2-20-2007; Ord. No. 1761, exh. R(18.80.1890), 7-6-2009) Sec. 38.42.1940. Mobile home. A transportable, manufactured structure, suitable for year-round single-household occupancy and having water, electrical and sewage connections similar to those of conventional dwellings. This definition applies only to units constructed prior to the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Compare with the defini- tion of manufactured home. (Ord. No. 1645, § 18.80.1900, 8-15-2005; Ord. No. 1693, § 29(18.80.1900), 2-20-2007; Ord. No. 1761, exh. R(18.80.1900), 7-6-2009) Sec. 38.42.1950. Mobile office. A factory assembled structure or structures ex- ceeding eight feet in width, originally equipped with the necessary service connections, and origi- nally made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as an office without a permanent founda- tion, in compliance with all applicable state regula- tions, whether or not the running gear has been removed. (Ord. No. 1645, § 18.80.1910, 8-15-2005; Ord. No. 1693, § 29(18.80.1910), 2-20-2007; Ord. No. 1761, exh. R(18.80.1910), 7-6-2009) Sec. 38.42.1960. Model home. Ahome constructed to display a builder's for sale or lease units but which does not serve as a dwelling unit until sold as a residence. (Ord. No. 1645, § 18.80.1920, 8-15-2005; Ord. No. 1693, § 29(18.80.1920), 2-20-2007; Ord. No. 1761, exh. R(18.80.1920), 7-6-2009) Sec. 38.42.1970. Modular or sectional home. A dwelling unit meeting the standards of the International Building Code which was mass pro- duced in a factory, designed and constructed for transportation to a site for occupancy when con- nected to the required utilities and when perma- nently anchored to a permanent foundation, whether intended for use as an independent, individual unit or in combination with other units to form a larger building, and which does not have integral wheel, axles or hitch. For the purposes of locating a dwelling according to the standards of this chapter there is no distinction made between a dwelling constructed wholly or partly off-site and a dwelling constructed on-site so long as they meet the stan- dards of the city's adopted International Building Code. (Ord. No. 1645, § 18.80.1930, 8-15-2005; Ord. No. 1693, § 29(18.80.1930), 2-20-2007; Ord. No. 1761, exh. R(18.80.1930), 7-6-2009) Sec. 38.42.1980. Monument (permanent monu- ment). Any structure of masonry, metal or other perma- nent material placed in the ground which is exclu- sively identifiable as a monument to a survey point, expressly placed for surveying reference. (Ord. No. 1645, § 18.80.1940, 8-15-2005; Ord. No. 1693, § 29(18.80.1940), 2-20-2007; Ord. No. 1761, exh. R(18.80.1940), 7-6-2009) Sec. 38.42.1990. Natural environment. The physical conditions which exist within a given area, including land, water, mineral, flora, fauna, noise, light, and objects of historic or aes- thetic significance. (Ord. No. 1645, § 18.80.1950, 8-15-2005; Ord. No. 1693, § 29(18.80.1950), 2-20-2007; Ord. No. 1761, exh. R(18.80.1950), 7-6-2009) § 38.42.1920 BOZEMAN MUNICIPAL CODE CD38:360PROOFS Sec. 38.42.2000. Neighborhood commercial cen- ter. Commercial uses oriented at serving the needs of neighborhoods. These areas are typified by smaller scale shops and services, and a high level of pedestrian, bicycle and transit opportunities. Neigh- borhood commercial centers are intended to support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. A neighborhood commercial center may also contain uses that draw from more than the immediate vicinity, especially when located adjacent to arterial streets. Activities commonly expected in this clas- sification are daycares, smaller scale groceries, bakeries, coffee shops, retail stores, small restau- rants, offices and residences above other uses. (Ord. No. 1645, § 18.80.1960, 8-15-2005; Ord. No. 1693, § 29(18.80.1960), 2-20-2007; Ord. No. 1761, exh. R(18.80.1960), 7-6-2009) Sec. 38.42.2010. Neighborhood conservation overlay district. An area designated as the neighborhood conser- vation overlay district on the city zoning map pursuant to the procedures set forth herein. (Ord. No. 1645, § 18.80.1970, 8-15-2005; Ord. No. 1693, § 29(18.80.1970), 2-20-2007; Ord. No. 1761, exh. R(18.80.1970), 7-6-2009) Sec. 38.42.2020. Net residential density. The number of residential dwelling units per buildable unit of land, excluding any land used or to be used as street rights-of-way, parks, public build- ings or private nonresidential uses. For calculating net residential density, the following formula shall apply: D =du A - (c+i+s+a+d) Where D = Residential density du = Total number of dwelling units in project A = Total site area (acres) c = Total commercial land area (acres) i = Total industrial land area (acres) s = Reserved but undedicated school or park sites (acres) a = Street, public or private, rights-of-way and transportation easements (acres) d = Dedicated park lands, conservation ease- ments, or common open spaces (acres) (Ord. No. 1645, § 18.80.1980, 8-15-2005; Ord. No. 1761, exh. R(18.80.1980), 7-6-2009) Sec. 38.42.2030. New construction. Development commenced on or after the effec- tive date of the ordinance from which this chapter is derived. (Ord. No. 1645, § 18.80.1990, 8-15-2005; Ord. No. 1693, § 29(18.80.1990), 2-20-2007; Ord. No. 1761, exh. R(18.80.1990), 7-6-2009) Sec. 38.42.2040. Nonbroadcast telecommunica- tion facility. A facility used for the transmission or enhance- ment of telecommunications which does not include the presence of antennas, as defined in this chapter. Anonbroadcast telecommunication facility does not include office use, materials storage or other similar uses. (Ord. No. 1645, § 18.80.2000, 8-15-2005; Ord. No. 1693, § 29(18.80.2000), 2-20-2007; Ord. No. 1761, exh. R(18.80.2000), 7-6-2009) Sec. 38.42.2050. Noncanopy tree. A large tree which in its native state has at maturity canopy vegetation less than six feet above the ground. (Ord. No. 1645, § 18.80.2010, 8-15-2005; Ord. No. 1693, § 29(18.80.2010), 2-20-2007; Ord. No. 1761, exh. R(18.80.2010), 7-6-2009) Sec. 38.42.2060. Noncommercial speech. Any sign wording, logo or other representation that does not directly or indirectly name, advertise or call attention to a business, product, service or other commercial activity. (Ord. No. 1645, § 18.80.2020, 8-15-2005; Ord. No. 1693, § 29(18.80.2020), 2-20-2007; Ord. No. 1761, exh. R(18.80.2020), 7-6-2009) § 38.42.2060UNIFIED DEVELOPMENT CODE CD38:361PROOFS Sec. 38.42.2070. Nonconforming sign. A sign that does not conform to the provisions of article 28 of this chapter. (Ord. No. 1645, § 18.80.2030, 8-15-2005; Ord. No. 1693, § 29(18.80.2030), 2-20-2007; Ord. No. 1761, exh. R(18.80.2030), 7-6-2009) Sec. 38.42.2080. Nonconforming structure. Any structure which was legal prior to the effective date of the ordinance from which this article is derived which fails to comply with the building location standards, and/or size require- ments of the applicable zone of this chapter in which it is located. (Ord. No. 1645, § 18.80.2040, 8-15-2005; Ord. No. 1693, § 29(18.80.2040), 2-20-2007; Ord. No. 1761, exh. R(18.80.2040), 7-6-2009) Sec. 38.42.2090. Nonconforming use. An existing use of land or building which was legal prior to the effective date of the ordinance from which this chapter is derived but which fails to comply with the requirements set forth in this chapter applicable to the zone in which such use is located. (Ord. No. 1645, § 18.80.2050, 8-15-2005; Ord. No. 1693, § 29(18.80.2050), 2-20-2007; Ord. No. 1761, exh. R(18.80.2050), 7-6-2009) Sec. 38.42.2100. Noxious matter or material. Material capable of causing injury to living organisms by chemical reaction or capable of caus- ing detrimental effects on the physical or economic well-being of individuals. (Ord. No. 1645, § 18.80.2060, 8-15-2005; Ord. No. 1693, § 29(18.80.2060), 2-20-2007; Ord. No. 1761, exh. R(18.80.2060), 7-6-2009) Sec. 38.42.2110. Nursing home. An extended or intermediate care facility li- censed or approved to provide full-time convales- cent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. (Ord. No. 1645, § 18.80.2070, 8-15-2005; Ord. No. 1693, § 29(18.80.2070), 2-20-2007; Ord. No. 1761, exh. R(18.80.2070), 7-6-2009) Sec. 38.42.2120. Nursery, plant. Facilities for commercial development, growth and sale of plants and/or for the utilization of and storage of equipment for landscaping operation and wholesale and/or retail or commercial gardening supplies. (Ord. No. 1645, § 18.80.2080, 8-15-2005; Ord. No. 1693, § 29(18.80.2080), 2-20-2007; Ord. No. 1761, exh. R(18.80.2080), 7-6-2009) Sec. 38.42.2130. Off-premises sign. A sign which advertises or directs attention to products or activities that are not provided on the parcel upon which the sign is located. (Ord. No. 1645, § 18.80.2090, 8-15-2005; Ord. No. 1693, § 29(18.80.2090), 2-20-2007; Ord. No. 1761, exh. R(18.80.2090), 7-6-2009) Sec. 38.42.2140. Offices. Buildings or portions of buildings in which commercial activities take place but where goods are not produced, sold or repaired. These include but are not limited to general and professional offices; governmental offices; insurance offices; real estate offices; taxicab offices (but not taxi stands); travel agency or transportation ticket of- fices; telephone exchange; utility offices; radio broadcasting and similar uses. (Ord. No. 1645, § 18.80.2100, 8-15-2005; Ord. No. 1693, § 29(18.80.2100), 2-20-2007; Ord. No. 1761, exh. R(18.80.2100), 7-6-2009) Sec. 38.42.2150. Official floodplain maps. Thefloodinsuranceratemapsandfloodboundary/ floodway maps provided by FEMA for the city dated July 15, 1988 and incorporating any approved updates or revisions. (Ord. No. 1645, § 18.80.2110, 8-15-2005; Ord. No. 1693, § 29(18.80.2110), 2-20-2007; Ord. No. 1761, exh. R(18.80.2110), 7-6-2009) § 38.42.2070 BOZEMAN MUNICIPAL CODE CD38:362PROOFS Sec. 38.42.2160. 100-year flood. A flood having a one percent chance of being equalled or exceeded in any given year. A 100-year flood is the same as a base flood. (Ord. No. 1645, § 18.80.2120, 8-15-2005; Ord. No. 1693, § 29(18.80.2120), 2-20-2007; Ord. No. 1761, exh. R(18.80.2120), 7-6-2009) Sec. 38.42.2170. Open sales (or rental) lot. Any land used or occupied for the purpose of buying, selling or renting for use away from the premises, any goods, materials or merchandise, and for the exterior storing of same prior to sale or rental. (Ord. No. 1645, § 18.80.2130, 8-15-2005; Ord. No. 1693, § 29(18.80.2130), 2-20-2007; Ord. No. 1761, exh. R(18.80.2130), 7-6-2009) Sec. 38.42.2180. Open space. A land or water area devoid of buildings and other physical structures except where accessory to the provision of recreation, including but not lim- itedtobenches,picnictablesandinterpretivesignage. (Ord. No. 1645, § 18.80.2140, 8-15-2005; Ord. No. 1693, § 29(18.80.2140), 2-20-2007; Ord. No. 1761, exh. R(18.80.2140), 7-6-2009) Sec. 38.42.2190. Open space, usable. That space which is capable of being used by the public for recreation, relaxation and social pur- poses. Parking lots and perimeter landscaping are specifically excluded from this definition of usable open space, except as allowed by section 38.20.090. (Ord. No. 1645, § 18.80.2150, 8-15-2005; Ord. No. 1693, § 29(18.80.2150), 2-20-2007; Ord. No. 1761, exh. R(18.80.2150), 7-6-2009) Sec. 38.42.2200. Ordinary high-water mark. The outermost line caused by water impressing on land and covering it for sufficient periods to cause physical characteristics that distinguish the area below the line from the area above it. Charac- teristics of the area below the line include, when appropriate, but are not limited to, deprivation of the soil of substantially all terrestrial vegetation and destruction of its agricultural vegetative value. A floodplain adjacent to surface waters is not consid- ered to lie within the surface water's high-water marks. (Ord. No. 1645, § 18.80.2160, 8-15-2005; Ord. No. 1693, § 29(18.80.2160), 2-20-2007; Ord. No. 1761, exh. R(18.80.2160), 7-6-2009) Sec. 38.42.2210. Overlay zone. A zone superimposed upon an underlying zone which establishes special requirements in addition to, or in lieu of, those of the underlying zone. (Ord. No. 1645, § 18.80.2170, 8-15-2005; Ord. No. 1693, § 29(18.80.2170), 2-20-2007; Ord. No. 1761, exh. R(18.80.2170), 7-6-2009) Sec. 38.42.2220. Parapet. That part of the wall which extends above the roof. For the purposes of this chapter relating to signage, the top of the parapet shall be considered to be the roofline. (Ord. No. 1645, § 18.80.2180, 8-15-2005; Ord. No. 1693, § 29(18.80.2180), 2-20-2007; Ord. No. 1761, exh. R(18.80.2180), 7-6-2009) Sec. 38.42.2230. Park. For the purposes of this chapter only, park means an open space, as defined in this chapter, under the ownership or other legal control of the city which provides area for active and passive recreational purposes. (Ord. No. 1645, § 18.80.2185, 8-15-2005; Ord. No. 1693, § 29(18.80.2185), 2-20-2007; Ord. No. 1761, exh. R(18.80.2185), 7-6-2009) Sec. 38.42.2240. Parking area. An area, other than a street or alley designated for use, or used, for temporary parking of vehicles. (Ord. No. 1645, § 18.80.2190, 8-15-2005; Ord. No. 1693, § 29(18.80.2190), 2-20-2007; Ord. No. 1761, exh. R(18.80.2190), 7-6-2009) § 38.42.2240UNIFIED DEVELOPMENT CODE CD38:363PROOFS Sec. 38.42.2250. Parking space, off-street. A space designated for the temporary parking of a motor vehicle not on the right-of-way or alley but accessible from a street or alley. (Ord. No. 1645, § 18.80.2200, 8-15-2005; Ord. No. 1693, § 29(18.80.2200), 2-20-2007; Ord. No. 1761, exh. R(18.80.2200), 7-6-2009) Sec. 38.42.2260. Party wall. Any wall of a building or structure which is common to two or more buildings, and which has a minimum of one-hour fire resistant construction as defined and regulated by the latest adopted Interna- tional Building Code. (Ord. No. 1645, § 18.80.2210, 8-15-2005; Ord. No. 1693, § 29(18.80.2210), 2-20-2007; Ord. No. 1761, exh. R(18.80.2210), 7-6-2009) Sec. 38.42.2270. Pathway. A facility that accommodates the recreational and/or transportation needs of pedestrians and bi- cyclists, including sidewalks, bike lanes, boulevard trails and trails. (Ord. No. 1645, § 18.80.2220, 8-15-2005; Ord. No. 1693, § 29(18.80.2220), 2-20-2007; Ord. No. 1761, exh. R(18.80.2220), 7-6-2009) Sec. 38.42.2280. Paved parking space or sur- face. An area covered by an impervious dustfree surface of asphalt or concrete designed to specifi- cations of the city engineer. (Ord. No. 1645, § 18.80.2230, 8-15-2005; Ord. No. 1693, § 29(18.80.2230), 2-20-2007; Ord. No. 1761, exh. R(18.80.2230), 7-6-2009) Sec. 38.42.2290. Pennant. Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind. (Ord. No. 1645, § 18.80.2240, 8-15-2005; Ord. No. 1693, § 29(18.80.2240), 2-20-2007; Ord. No. 1761, exh. R(18.80.2240), 7-6-2009) Sec. 38.42.2300. Permeable pavement. A paving material that permits water penetration to a soil depth of 18 inches or more. Permeable pavement may consist of nonporous surface mate- rials poured or laid in sections not exceeding one square foot in an area and collectively comprising less than two-thirds of the total surface area. (Ord. No. 1645, § 18.80.2250, 8-15-2005; Ord. No. 1693, § 29(18.80.2250), 2-20-2007; Ord. No. 1761, exh. R(18.80.2250), 7-6-2009) Sec. 38.42.2310. Permitted use. A use which is lawfully established in a partic- ular district and which conforms to all require- ments, regulations and performance standards of such district. A permitted use may be a principal use, an accessory use or a conditional use. (Ord. No. 1645, § 18.80.2260, 8-15-2005; Ord. No. 1693, § 29(18.80.2260), 2-20-2007; Ord. No. 1761, exh. R(18.80.2260), 7-6-2009) Sec. 38.42.2320. Personal and convenience ser- vices. Businesses offering services such as barber- shops, beauty shops, tailors, shoe repair, tattooing, massage, laundromats, laundry and dry cleaning pickup and delivery stations, and similar uses. Some production of finished goods may occur as an activity accessory to the delivery of services. (Ord. No. 1645, § 18.80.2270, 8-15-2005; Ord. No. 1693, § 29(18.80.2270), 2-20-2007; Ord. No. 1761, exh. R(18.80.2270), 7-6-2009) Sec. 38.42.2330. Personal property. Property, other than real property, consisting of things temporal and movable. (Ord. No. 1645, § 18.80.2280, 8-15-2005; Ord. No. 1693, § 29(18.80.2280), 2-20-2007; Ord. No. 1761, exh. R(18.80.2280), 7-6-2009) § 38.42.2250 BOZEMAN MUNICIPAL CODE CD38:364PROOFS Sec. 38.42.2340. Persons. Includes any individual or group of individuals, corporations, partnerships, associations or any other organized group of persons, including state and local governments and agencies thereof. (Ord. No. 1645, § 18.80.2290, 8-15-2005; Ord. No. 1693, § 29(18.80.2290), 2-20-2007; Ord. No. 1761, exh. R(18.80.2290), 7-6-2009) Sec. 38.42.2350. Planned unit development (PUD). A land development project consisting of resi- dential clusters, industrial parks, shopping centers, or office building parks or any combination thereof that compose a planned mixture of land uses built in a prearranged relationship to each other and having open space and community facilities in a common ownership or use, and/or public park land. (Ord. No. 1645, § 18.80.2300, 8-15-2005; Ord. No. 1693, § 29(18.80.2300), 2-20-2007; Ord. No. 1761, exh. R(18.80.2300), 7-6-2009) Sec. 38.42.2360. Planning board. The Bozeman Planning Board. (Ord. No. 1645, § 18.80.2310, 8-15-2005; Ord. No. 1693, § 29(18.80.2310), 2-20-2007; Ord. No. 1761, exh. R(18.80.2310), 7-6-2009) Sec. 38.42.2370. Planning department. The Bozeman Department of Planning and Com- munity Development. (Ord. No. 1645, § 18.80.2320, 8-15-2005; Ord. No. 1693, § 29(18.80.2320), 2-20-2007; Ord. No. 1761, exh. R(18.80.2320), 7-6-2009) Sec. 38.42.2380. Planning director. The director of the Bozeman Department of Planning and Community Development and the person charged with the administration of this chapter unless otherwise specifically noted in this chapter. (Ord. No. 1645, § 18.80.2330, 8-15-2005; Ord. No. 1693, § 29(18.80.2330), 2-20-2007; Ord. No. 1761, exh. R(18.80.2330), 7-6-2009) Sec. 38.42.2390. Plat. Agraphical representation of a subdivision show- ing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications. (Ord. No. 1645, § 18.80.2340, 8-15-2005; Ord. No. 1693, § 29(18.80.2340), 2-20-2007; Ord. No. 1761, exh. R(18.80.2340), 7-6-2009) Sec. 38.42.2400. Plaza. An area generally open to the public on a controlled basis and used principally for passive recreational activities and relaxation. Plazas are paved areas typically providing amenities such as seating, drinking and ornamental fountains, art, trees and landscaping for use by pedestrians. (Ord. No. 1645, § 18.80.2350, 8-15-2005; Ord. No. 1693, § 29(18.80.2350), 2-20-2007; Ord. No. 1761, exh. R(18.80.2350), 7-6-2009) Sec. 38.42.2410. Pole sign. A freestanding sign which is supported by a column or other structural member that is perma- nently attached to the ground, or a ground-mounted structure and provides a minimum of eight feet of visible, vertical clearance between the bottom of the sign and finished grade. (Ord. No. 1645, § 18.80.2360, 8-15-2005; Ord. No. 1693, § 29(18.80.2360), 2-20-2007; Ord. No. 1761, exh. R(18.80.2360), 7-6-2009) Sec. 38.42.2420. Portable sign. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business. (Ord. No. 1645, § 18.80.2370, 8-15-2005; Ord. No. 1693, § 29(18.80.2370), 2-20-2007; Ord. No. 1761, exh. R(18.80.2370), 7-6-2009) § 38.42.2420UNIFIED DEVELOPMENT CODE CD38:365PROOFS Sec. 38.42.2430. Preservation board. The Bozeman Historic Preservation Advisory Board. (Ord. No. 1645, § 18.80.2380, 8-15-2005; Ord. No. 1693, § 29(18.80.2380), 2-20-2007; Ord. No. 1761, exh. R(18.80.2380), 7-6-2009) Sec. 38.42.2440. Primary access. The major access to a subdivision. The major access generally carries the most traffic as deter- mined by the traffic engineering study. (Ord. No. 1645, § 18.80.2390, 8-15-2005; Ord. No. 1693, § 29(18.80.2390), 2-20-2007; Ord. No. 1761, exh. R(18.80.2390), 7-6-2009) Sec. 38.42.2450. Principal use. A use or structure which determines the predom- inant or major use of the lot on which it is located. The principal use shall be that use which establishes the character of the property relative to surrounding or adjacent properties. (Ord. No. 1645, § 18.80.2400, 8-15-2005; Ord. No. 1693, § 29(18.80.2400), 2-20-2007; Ord. No. 1761, exh. R(18.80.2400), 7-6-2009) Sec. 38.42.2460. Private street. A right-of-way usable by the public but main- tained by a property owners association. (Ord. No. 1645, § 18.80.2410, 8-15-2005; Ord. No. 1693, § 29(18.80.2410), 2-20-2007; Ord. No. 1761, exh. R(18.80.2410), 7-6-2009) Sec. 38.42.2470. Projecting sign. Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall and is perpendicular to such building or wall. (Ord. No. 1645, § 18.80.2420, 8-15-2005; Ord. No. 1693, § 29(18.80.2420), 2-20-2007; Ord. No. 1761, exh. R(18.80.2420), 7-6-2009) Sec. 38.42.2480. Proper access. Either an improved public street or road, main- tained by the city, county or state; or a street or road built to the standards provided in these regulations. (Ord. No. 1645, § 18.80.2430, 8-15-2005; Ord. No. 1693, § 29(18.80.2430), 2-20-2007; Ord. No. 1761, exh. R(18.80.2430), 7-6-2009) Sec. 38.42.2490. Property owner. Any person, firm, corporation or other entity shown as being the legal owner of a tract, parcel or lot in the records of the county clerk and recorder. (Ord. No. 1645, § 18.80.2440, 8-15-2005; Ord. No. 1693, § 29(18.80.2440), 2-20-2007; Ord. No. 1761, exh. R(18.80.2440), 7-6-2009) Sec. 38.42.2500. Property owners association. An association incorporated or not incorporated, combiningindividualpropertyownershipwithshared use or ownership of common property or facilities, or shared maintenance of subdivision or community facilities. This definition includes condominium associations. (Ord. No. 1645, § 18.80.2450, 8-15-2005; Ord. No. 1693, § 29(18.80.2450), 2-20-2007; Ord. No. 1761, exh. R(18.80.2450), 7-6-2009) Sec. 38.42.2510. Public building. A building, supported by government funds, to be used in an official capacity on behalf of the entire community. (Ord. No. 1645, § 18.80.2460, 8-15-2005; Ord. No. 1693, § 29(18.80.2460), 2-20-2007; Ord. No. 1761, exh. R(18.80.2460), 7-6-2009) Sec. 38.42.2520. Public health and safety. A condition of optimal well-being, free from danger or injury, for a community at large, not merely for an individual or small group of persons. (Ord. No. 1645, § 18.80.2470, 8-15-2005; Ord. No. 1693, § 29(18.80.2470), 2-20-2007; Ord. No. 1761, exh. R(18.80.2470), 7-6-2009) § 38.42.2430 BOZEMAN MUNICIPAL CODE CD38:366PROOFS Sec. 38.42.2530. Public improvement. Any structure or facility constructed to serve the residents of a subdivision or the general public such as parks, streets, sidewalks, curbs, gutters, street lighting, utilities and systems for water supply, sewage disposal and drainage. (Ord. No. 1645, § 18.80.2480, 8-15-2005; Ord. No. 1693, § 29(18.80.2480), 2-20-2007; Ord. No. 1761, exh. R(18.80.2480), 7-6-2009) Sec. 38.42.2540. Public street or road. A street or road for which the right-of-way has been dedicated to the public. (Ord. No. 1645, § 18.80.2490, 8-15-2005; Ord. No. 1693, § 29(18.80.2490), 2-20-2007; Ord. No. 1761, exh. R(18.80.2490), 7-6-2009) Sec. 38.42.2550. Real property. Property consisting of buildings and/or land. (Ord. No. 1645, § 18.80.2500, 8-15-2005; Ord. No. 1693, § 29(18.80.2500), 2-20-2007; Ord. No. 1761, exh. R(18.80.2500), 7-6-2009) Sec. 38.42.2560. Rear yard. A yard extending across the full width of the lot between the two side lot lines, the depth of which is the distance required by this chapter between the rear property line and the rear building line. (Ord. No. 1645, § 18.80.2510, 8-15-2005; Ord. No. 1693, § 29(18.80.2510), 2-20-2007; Ord. No. 1761, exh. R(18.80.2510), 7-6-2009) Sec. 38.42.2570. Recreational vehicle. A vehicular-type portable structure without per- manent foundation, which is built on a single chassis; which is designed to be self-propelled or permanently towable by a light-duty truck; primar- ily designed as temporary living accommodations for recreational, camping and travel use and includ- ing, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes less than eight feet in width and 50 feet in length. (Ord. No. 1645, § 18.80.2520, 8-15-2005; Ord. No. 1693, § 29(18.80.2520), 2-20-2007; Ord. No. 1761, exh. R(18.80.2520), 7-6-2009) Sec. 38.42.2580. Recreational vehicle park. A plot of ground upon which two or more sites are located, established or maintained for occu- pancy by the general public as temporary living quarters for travel, recreation or vacation purposes. (Ord. No. 1645, § 18.80.2530, 8-15-2005; Ord. No. 1693, § 29(18.80.2530), 2-20-2007; Ord. No. 1761, exh. R(18.80.2530), 7-6-2009) Sec. 38.42.2590. Recreational vehicle space. A lot for rent or lease within a recreational vehicle park designed for the placement of a single recreational vehicle and the exclusive use of its occupants. (Ord. No. 1645, § 18.80.2540, 8-15-2005; Ord. No. 1693, § 29(18.80.2540), 2-20-2007; Ord. No. 1761, exh. R(18.80.2540), 7-6-2009) Sec. 38.42.2600. Relocation. Any movement of a structure, on the same site or to another site. (Ord. No. 1645, § 18.80.2550, 8-15-2005; Ord. No. 1693, § 29(18.80.2550), 2-20-2007; Ord. No. 1761, exh. R(18.80.2550), 7-6-2009) Sec. 38.42.2610. Repair. Any change not otherwise construed as light construction or an alteration, as defined in this article, that constitutes replacing broken, worn or damaged materials with like, not necessarily iden- tical, materials and is insignificant to the size and condition of the structure or property. Repainting and reroofing shall be included under this definition of repair. (Ord. No. 1645, § 18.80.2560, 8-15-2005; Ord. No. 1693, § 29(18.80.2560), 2-20-2007; Ord. No. 1761, exh. R(18.80.2560), 7-6-2009) Sec. 38.42.2620. Required front building line. The line nearest to the front and across a lot establishing the minimum open space to be pro- § 38.42.2620UNIFIED DEVELOPMENT CODE CD38:367PROOFS vided between the front line of a building and the front lot line. See also the definition of "setback line." (Ord. No. 1645, § 18.80.2570, 8-15-2005; Ord. No. 1693, § 29(18.80.2570), 2-20-2007; Ord. No. 1761, exh. R(18.80.2570), 7-6-2009) Sec. 38.42.2630. Required rear building line. The line nearest to the rear and across a lot establishing the minimum open space to be pro- vided between the rear line of a building and the rear lot line. See also definition of "setback line." (Ord. No. 1645, § 18.80.2580, 8-15-2005; Ord. No. 1693, § 29(18.80.2580), 2-20-2007; Ord. No. 1761, exh. R(18.80.2580), 7-6-2009) Sec. 38.42.2640. Required side building line. The line nearest to the side and extending be- tween the required front building line and required rear building line establishing the minimum open space to be provided between the side line of a building and the side lot line. See also the definition of "setback line." (Ord. No. 1645, § 18.80.2590, 8-15-2005; Ord. No. 1693, § 29(18.80.2590), 2-20-2007; Ord. No. 1761, exh. R(18.80.2590), 7-6-2009) Sec. 38.42.2650. Required yard. The minimum dimension of a front, side or rear yard as established by the use regulations for each district. (Ord. No. 1645, § 18.80.2600, 8-15-2005; Ord. No. 1693, § 29(18.80.2600), 2-20-2007; Ord. No. 1761, exh. R(18.80.2600), 7-6-2009) Sec. 38.42.2660. Restaurant. Any restaurant (except a drive-in restaurant or a convenience food restaurant as defined in this article), coffee shop, cafeteria, short-order caf[e92c20]luncheonette, sandwich stand, drug- store and soda fountain serving food. (Ord. No. 1645, § 18.80.2610, 8-15-2005; Ord. No. 1693, § 29(18.80.2610), 2-20-2007; Ord. No. 1761, exh. R(18.80.2610), 7-6-2009) Sec. 38.42.2670. Retail. The rental or sale of tangible personal property for any purpose other than for resale. (Ord. No. 1645, § 18.80.2620, 8-15-2005; Ord. No. 1693, § 29(18.80.2620), 2-20-2007; Ord. No. 1761, exh. R(18.80.2620), 7-6-2009) Sec. 38.42.2680. Retail, large scale. The sale of tangible personal property for any purpose other than for resale where the total area utilized by a single tenant, exclusive of parking, occupies 40,000 square feet or more. (Ord. No. 1645, § 18.80.2630, 8-15-2005; Ord. No. 1693, § 29(18.80.2630), 2-20-2007; Ord. No. 1761, exh. R(18.80.2630), 7-6-2009) Sec. 38.42.2690. Revolving sign. Any sign which all, or a portion of, mechanically rotates either on an intermittent or constant basis around a central axis. (Ord. No. 1645, § 18.80.2640, 8-15-2005; Ord. No. 1693, § 29(18.80.2640), 2-20-2007; Ord. No. 1761, exh. R(18.80.2640), 7-6-2009; Ord. No. 1780, § 4(18.80.2640), 3-22-2010) Sec. 38.42.2700. Ridgeline. A relatively narrow elevation that is prominent because it rises at an angle of 25 percent or greater; an elongated crest, or series of crests, with or without individual peaks, significantly higher than the adjoining ground and often acting as the hydro- logic dividing line between two or more drainage areas. (Ord. No. 1645, § 18.80.2650, 8-15-2005; Ord. No. 1693, § 29(18.80.2650), 2-20-2007; Ord. No. 1761, exh. R(18.80.2650), 7-6-2009) Sec. 38.42.2710. Ridgeline protection area. A. A ridgeline protection area is the area within 150 feet horizontal feet of a ridgeline, measured perpendicular to the ridgeline when the ridgeline is: 1. Located in an area above 4,900 feet in elevation above mean sea level; and § 38.42.2620 BOZEMAN MUNICIPAL CODE CD38:368PROOFS 2. When the elevation of a line parallel to the ridgeline loses either: a. At least ten feet in vertical elevation on both sides of the ridgeline within 100 feet; or b. At least 30 feet in vertical elevation on both sides of the ridgeline within 300 feet; c. A combination of the two standards where one side of the ridgeline meets one loss of elevation standard and the opposite side meets the other. (Ord. No. 1645, § 18.80.2660, 8-15-2005; Ord. No. 1693, § 29(18.80.2660), 2-20-2007; Ord. No. 1761, exh. R(18.80.2660), 7-6-2009) Sec. 38.42.2720. Right-of-way. A linear public way established or dedicated for public purposes by duly recorded plat, deed, ease- ment, grant, prescription, condemnation, govern- mental authority or by operation of the law and intended to be occupied by a street, crosswalk, railroad, electric transmission lines, water line, sanitary sewer line, storm sewer line or other similar uses. (Ord. No. 1645, § 18.80.2670, 8-15-2005; Ord. No. 1693, § 29(18.80.2670), 2-20-2007; Ord. No. 1761, exh. R(18.80.2670), 7-6-2009) Sec. 38.42.2730. Roadway. That portion of the street or road right-of-way which is improved or is proposed to be improved to carry traffic and provide for the on-street storage of automobiles; where curb is provided, the roadway is measured from back-of-curb to back-of-curb. (Ord. No. 1645, § 18.80.2680, 8-15-2005; Ord. No. 1693, § 29(18.80.2680), 2-20-2007; Ord. No. 1761, exh. R(18.80.2680), 7-6-2009) Sec. 38.42.2740. Roof sign. Any sign erected and constructed on and over the roof of a building, supported by the roof structure, and extending vertically above any portion of the roof. Roof signs shall not include signs located on a mansard roof if the sign is mounted vertically and integrated with the roof. For the purpose of this article, architecturally integrated mansard signs and other architecturally integrated signs located below the principal roofline shall be classified as wall signs. (Ord. No. 1645, § 18.80.2690, 8-15-2005; Ord. No. 1693, § 29(18.80.2690), 2-20-2007; Ord. No. 1761, exh. R(18.80.2690), 7-6-2009) Sec. 38.42.2750. School. A. Any: 1. Pre-primary, primary or grammar, public, parochial or private school or high school; 2. Preparatory school or academy, public or founded, or owned or conducted by or under the sponsorship of a religious or charitable organization; 3. Private preparatory school or academy fur- nishing courses of instruction substantially equivalent to the courses offered by public high schools for preparation of admission to college or universities which award B.A. or B.S. degrees; 4. Junior college or university, public or founded, or conducted by or under the sponsorship of a religious or charitable organization; or 5. Private school when not conducted as a commercial enterprise for the profit of in- dividual owners or stockholders. (Ord. No. 1645, § 18.80.2700, 8-15-2005; Ord. No. 1693, § 29(18.80.2700), 2-20-2007; Ord. No. 1761, exh. R(18.80.2700), 7-6-2009) Sec. 38.42.2760. Screening. A method of visually shielding or obscuring an abutting or nearby structure or use from another through the use of solid or nearly solid barriers (e.g., wall, fence, plantings, berms). (Ord. No. 1645, § 18.80.2710, 8-15-2005; Ord. No. 1693, § 29(18.80.2710), 2-20-2007; Ord. No. 1761, exh. R(18.80.2710), 7-6-2009) § 38.42.2760UNIFIED DEVELOPMENT CODE CD38:369PROOFS Sec. 38.42.2770. Security lighting. All outdoor lighting used for, but not limited to, illumination for walkways, roadways, equipment yards, parking lots and outdoor security where general illumination for safety or security of the grounds is the primary concern. (Ord. No. 1645, § 18.80.2720, 8-15-2005; Ord. No. 1693, § 29(18.80.2720), 2-20-2007; Ord. No. 1761, exh. R(18.80.2720), 7-6-2009) Sec. 38.42.2780. Secondorsubsequentfrontyard or corner side yard. A yard on a corner lot the area of which is bounded by a line extending from the front of the principal building (the front building line) to a point intersecting the side street right-of-way line (side lot line), then along the side lot line to a point intersecting the rear lot line, then along the rear lot line to a point intersecting the line formed by extending the wall of the nearest principal building paralleling the side lot line. (Ord. No. 1645, § 18.80.2730, 8-15-2005; Ord. No. 1693, § 29(18.80.2730), 2-20-2007; Ord. No. 1761, exh. R(18.80.2730), 7-6-2009) Sec. 38.42.2790. Setback. The distance from the property line to the nearest part of the applicable building, structure or sign, measured perpendicularly to the property line. (Ord. No. 1645, § 18.80.2740, 8-15-2005; Ord. No. 1693, § 29(18.80.2740), 2-20-2007; Ord. No. 1761, exh. R(18.80.2740), 7-6-2009) Sec. 38.42.2800. Setback line. That line that is the required minimum distance from the street right-of-way or public access ease- ment line or any other lot line that establishes the area within which structures must be placed, as specified in this chapter. (Ord. No. 1645, § 18.80.2750, 8-15-2005; Ord. No. 1693, § 29(18.80.2750), 2-20-2007; Ord. No. 1761, exh. R(18.80.2750), 7-6-2009) Sec. 38.42.2810. Sewer, public. Any sanitary sewer line owned and maintained by the city, whether or not installed by the city. (Ord. No. 1645, § 18.80.2760, 8-15-2005; Ord. No. 1693, § 29(18.80.2760), 2-20-2007; Ord. No. 1761, exh. R(18.80.2760), 7-6-2009) Sec. 38.42.2820. Shared access. A fixed automotive and pedestrian access loca- tion from a street to two or more adjoining proper- ties which mutually have the right and ability to use the access, and which has been established by an easement or other legally binding means. (Ord. No. 1645, § 18.80.2770, 8-15-2005; Ord. No. 1693, § 29(18.80.2770), 2-20-2007; Ord. No. 1761, exh. R(18.80.2770), 7-6-2009) Sec. 38.42.2830. Shopping mall. A multitenant retail structure where tenants are located on both sides of a covered walkway with direct pedestrian access to all establishments from the walkway. (Ord. No. 1645, § 18.80.2780, 8-15-2005; Ord. No. 1693, § 29(18.80.2780), 2-20-2007; Ord. No. 1761, exh. R(18.80.2780), 7-6-2009) Sec. 38.42.2840. Sign. Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. (Ord. No. 1645, § 18.80.2790, 8-15-2005; Ord. No. 1693, § 29(18.80.2790), 2-20-2007; Ord. No. 1761, exh. R(18.80.2790), 7-6-2009) Sec. 38.42.2850. Side yard. A yard extending between the front building line and the rear building line, the width of which is the least distance between the side lot line and the nearest part of the principal building. (Ord. No. 1645, § 18.80.2800, 8-15-2005; Ord. No. 1693, § 29(18.80.2800), 2-20-2007; Ord. No. 1761, exh. R(18.80.2800), 7-6-2009) § 38.42.2770 BOZEMAN MUNICIPAL CODE CD38:370PROOFS Sec. 38.42.2860. Site plan. Ascale drawing showing the accurate location of all structures, streets, alleys and parking areas, existing and proposed, on subject property or any other information as may be required by this chap- ter. (Ord. No. 1645, § 18.80.2810, 8-15-2005; Ord. No. 1693, § 29(18.80.2810), 2-20-2007; Ord. No. 1761, exh. R(18.80.2810), 7-6-2009) Sec. 38.42.2870. Small-scale wireless facility. A wireless facility less than 25 feet in height from the base to the highest point including attach- ments. Examples of supporting structures are mono- poles, self-supporting (lattice) towers, guy-wire sup- ported towers and other similar structures. When calculating the height of a facility, other structures designed for other uses such as buildings or water towers shall not be included in the calculation. This definition excludes those facilities meeting the def- inition of a micro-scale wireless facility. Some illustrated examples of locations for possible small- scale wireless facilities are shown in Appendix A to this chapter. (Ord. No. 1645, § 18.80.2820, 8-15-2005; Ord. No. 1693, § 29(18.80.2820), 2-20-2007; Ord. No. 1761, exh. R(18.80.2820), 7-6-2009) Sec. 38.42.2880. Small tree. A tree of a species which normally reaches a height of less than 25 feet upon maturity. (Ord. No. 1645, § 18.80.2830, 8-15-2005; Ord. No. 1693, § 29(18.80.2830), 2-20-2007; Ord. No. 1761, exh. R(18.80.2830), 7-6-2009) Sec. 38.42.2890. Soil. A medium in which plants will grow. (Ord. No. 1645, § 18.80.2840, 8-15-2005; Ord. No. 1693, § 29(18.80.2840), 2-20-2007; Ord. No. 1761, exh. R(18.80.2840), 7-6-2009) Sec. 38.42.2900. Special event sign. A temporary sign which advertises special civic events and activities such as street fairs, community festivals, parades, farmers' markets and charity benefits. (Ord. No. 1645, § 18.80.2850, 8-15-2005; Ord. No. 1693, § 29(18.80.2850), 2-20-2007; Ord. No. 1761, exh. R(18.80.2850), 7-6-2009) Sec. 38.42.2910. Square. Open space that may encompass an entire block, is located at the intersection of important streets, and is set aside for civic purposes, and consists of paved walks, lawns, trees and civic buildings. (Ord. No. 1645, § 18.80.2860, 8-15-2005; Ord. No. 1693, § 29(18.80.2860), 2-20-2007; Ord. No. 1761, exh. R(18.80.2860), 7-6-2009) Sec. 38.42.2920. Stable, commercial. Any building or complex of buildings and pas- tures which is designed, arranged, used or intended to be used for equestrian purposes, where less than 75 percent of the capacity is for the use of the owner or resident of the property. A public stable is an agricultural activity. (Ord. No. 1645, § 18.80.2870, 8-15-2005; Ord. No. 1693, § 29(18.80.2870), 2-20-2007; Ord. No. 1761, exh. R(18.80.2870), 7-6-2009) Sec. 38.42.2930. Stable, private. Any building located on a lot which is designed, arranged, used or intended to be used for not more than four horses for the private use of the owner of the lot, but shall not exceed 6,000 square feet in area. (Ord. No. 1645, § 18.80.2880, 8-15-2005; Ord. No. 1693, § 29(18.80.2880), 2-20-2007; Ord. No. 1761, exh. R(18.80.2880), 7-6-2009) Sec. 38.42.2940. Start of construction. The commencement of clearing, grading, filling or excavating to prepare a site for construction. (Ord. No. 1645, § 18.80.2890, 8-15-2005; Ord. No. 1693, § 29(18.80.2890), 2-20-2007; Ord. No. 1761, exh. R(18.80.2890), 7-6-2009) § 38.42.2940UNIFIED DEVELOPMENT CODE CD38:371PROOFS Sec. 38.42.2950. Stealth or camouflaged. Placement of a wireless facility in such a way that it may not be discerned as being separate from the principal use of a site. This may be accom- plished through visual screening, use of color or encasement of the facility within an existing struc- ture such as a steeple.Astealth installation may also include the placement of a new structure to contain the facility so long as the new structure complies with the height, setback and other requirements of the zoning code or is otherwise exempt from those requirements. (Ord. No. 1645, § 18.80.2900, 8-15-2005; Ord. No. 1693, § 29(18.80.2900), 2-20-2007; Ord. No. 1761, exh. R(18.80.2900), 7-6-2009) Sec. 38.42.2960. Street. A right-of-way, dedicated or otherwise legally established, for public use by motorized and nonmotorized vehicles and pedestrians, usually af- fording the principal means of access to abutting property. (Ord. No. 1645, § 18.80.2910, 8-15-2005; Ord. No. 1693, § 29(18.80.2100), 2-20-2007; Ord. No. 1761, exh. R(18.80.2910), 7-6-2009) Sec. 38.42.2970. Street frontage. Any property line separating a lot from a street other than an alley; the front lot line. (Ord. No. 1645, § 18.80.2920, 8-15-2005; Ord. No. 1693, § 29(18.80.2920), 2-20-2007; Ord. No. 1761, exh. R(18.80.2920), 7-6-2009) Sec. 38.42.2980. Street, public. Any street which has been dedicated to or is otherwise publicly owned. Any street not a public street shall be deemed a private street. (Ord. No. 1645, § 18.80.2930, 8-15-2005; Ord. No. 1693, § 29(18.80.2930), 2-20-2007; Ord. No. 1761, exh. R(18.80.2930), 7-6-2009) Sec. 38.42.2990. Street types. A. For the purposes of these regulations, street types are defined as follows: 1.Alley.A street used primarily for vehicular access to the rear of properties which abut and are served by public or private streets. 2.Arterial.Astreet or road having the primary function of moving traffic with emphasis on a high level of mobility for through movement and the secondary function of providing limited access to adjacent land. Arterial streets are generally designated in the city transportation plan, however, streets not depicted in the city transportation plan may be designated as arterials by the city engineer. a.Principal arterial.Serves the major centers of activity, the highest traffic volume corridors, and the longest trip distances in an urbanized area. This group of streets carries the highest proportion of the total traffic within the urban area with typical loads of 10,000 to 35,000 vehicles per day. Most of the vehicles entering and leaving the urban area, as well as most through traffic bypassing the central business district, utilize principal arte- rials. Significant intra-area travel, such as between central business districts and outlying residential areas, and between major suburban centers, are served by major arterials. b.Minor arterial.Interconnects with and augments the urban principal arterial system. It accommodates trips of mod- erate length and at a somewhat lower level of travel mobility than principal arterials, and it distributes travel to smaller geographic areas. With an em- phasis on traffic mobility, this street network includes all arterials not clas- sified as principal arterials while pro- viding access to adjacent lands. Minor arterials typically carry 5,000 to 15,000 vehicles per day. 3.Collector.A street or road that provides equal priority to the movement of traffic, and to the access of residential, business and industrial areas. This type of roadway differs from those of the arterial system in § 38.42.2950 BOZEMAN MUNICIPAL CODE CD38:372PROOFS that the facilities on the collector system may traverse residential neighborhoods.The system distributes trips from the arterials to ultimate destinations. The collector streets also collect traffic from local streets in the residential neighborhoods, channeling it into the arterial system. Collectors typically carry 2,000 to 10,000 vehicles per day. Collector streets are typically designated in the city transportation plan, however, additional streets may be designated as collectors by the city engineer. 4.Cul-de-sac.A street having only one outlet for vehicular traffic and terminating in a turnaround area. 5.Dead-end street.A street having only one outlet for vehicular traffic. 6.Half-street.A portion of the width of a street, usually along the outside perimeter of a subdivision, where the remaining por- tion of the street must be located on adja- cent property. 7.Local streets.A street having the primary purpose of permitting access to abutting lands and connections to higher systems. Generally, service to higher speed traffic movements are intentionally discouraged. They typically carry 1,000 to 3,000 vehi- cles per day but can carry in excess of 6,000. 8.Loop.A local street which begins and ends on the same street, generally used for ac- cess to properties and to control traffic access to arterials or collectors. (Ord. No. 1645, § 18.80.2940, 8-15-2005; Ord. No. 1693, § 29(18.80.2940), 2-20-2007; Ord. No. 1761, exh. R(18.80.2940), 7-6-2009) Sec. 38.42.3000. Structure. Anything constructed or erected which requires location on the ground; and for the purposes of floodplain review anything which may impede, retard or alter the pattern of flow of water in a floodplain. (Ord. No. 1645, § 18.80.2950, 8-15-2005; Ord. No. 1693, § 29(18.80.2950), 2-20-2007; Ord. No. 1761, exh. R(18.80.2950), 7-6-2009) Sec. 38.42.3010. Structural alteration. Any change in the supporting members of a building, such as bearing walls or partitions, col- umns, beams or girders, or any change in the exterior walls or the roof. (Ord. No. 1645, § 18.80.2960, 8-15-2005; Ord. No. 1693, § 29(18.80.2960), 2-20-2007; Ord. No. 1761, exh. R(18.80.2960), 7-6-2009) Sec. 38.42.3020. Subdivider. Any person, firm, corporation or other entity who causes land to be subdivided or who proposes a subdivision of land. (Ord. No. 1645, § 18.80.2970, 8-15-2005; Ord. No. 1693, § 29(18.80.2970), 2-20-2007; Ord. No. 1761, exh. R(18.80.2970), 7-6-2009) Sec. 38.42.3030. Subdivision. A division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to or possession of the parcels may be sold, rented, leased or otherwise conveyed, and shall include any resubdivision, and shall further include any condo- minium or area, regardless of its size, that provides or will provide multiple space for recreational camping vehicles or manufactured homes. A subdi- vision shall comprise only those parcels less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section when the parcels have been segregated from the original tract, and the plat thereof shall show all such parcels whether contiguous or not. (Ord. No. 1645, § 18.80.2980, 8-15-2005; Ord. No. 1693, § 29(18.80.2980), 2-20-2007; Ord. No. 1761, exh. R(18.80.2980), 7-6-2009) § 38.42.3030UNIFIED DEVELOPMENT CODE CD38:373PROOFS Sec. 38.42.3040. Subdivisionordevelopmentcon- struction yard. A temporary office and/or vehicular and material storage yard. (Ord. No. 1645, § 18.80.2990, 8-15-2005; Ord. No. 1693, § 29(18.80.2990), 2-20-2007; Ord. No. 1761, exh. R(18.80.2990), 7-6-2009) Sec. 38.42.3050. Substantial damage. Damage sustained by a structure where the cost of restoring the structure to its condition before damage would equal or exceed 50 percent of the market value of the structure before the damage occurred as determined by the county's last equal- ized assessment roll. (Ord. No. 1645, § 18.80.3000, 8-15-2005; Ord. No. 1693, § 29(18.80.3000), 2-20-2007; Ord. No. 1761, exh. R(18.80.3000), 7-6-2009) Sec. 38.42.3060. Substantial improvement. A. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: 1. Before the improvement or repair is started; or 2. If the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, substan- tial improvement is considered to occur when the first construction to any wall, ceiling, floor or other structural part of the building commences. The term "substantial improvement" does not include: a. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely neces- sary to ensure safe living conditions; or b. Any alteration of a structure listed on theNationalRegisterofHistoricPlaces or state inventory of historic places. (Ord. No. 1645, § 18.80.3010, 8-15-2005; Ord. No. 1693, § 29(18.80.3010), 2-20-2007; Ord. No. 1761, exh. R(18.80.3010), 7-6-2009) Sec. 38.42.3070. Suitable fill. Fill material which is stable, compacted, well- graded, pervious, generally unaffected by water and frost, devoid of trash or similar foreign matter, devoid of tree stumps or other organic material and is fitting for the purpose of supporting the intended use and/or permanent structure. (Ord. No. 1645, § 18.80.3020, 8-15-2005; Ord. No. 1693, § 29(18.80.3020), 2-20-2007; Ord. No. 1761, exh. R(18.80.3020), 7-6-2009) Sec. 38.42.3080. Surveyor (registered land sur- veyor). A person licensed in conformance with the Mon- tana Professional Engineers, RegistrationAct (MCA 37-67-101 through 37-67-332) to practice survey- ing in the state. (Ord. No. 1645, § 18.80.3030, 8-15-2005; Ord. No. 1693, § 29(18.80.3030), 2-20-2007; Ord. No. 1761, exh. R(18.80.3030), 7-6-2009) Sec. 38.42.3090. Swap meet. Any permanent or temporary sales or lot where the sale or trade of goods, materials and merchan- dise takes place outside any permanent structure, from within temporary structures or from vehicles and where several sellers or traders may congregate for the purpose of selling or trading. (Ord. No. 1645, § 18.80.3040, 8-15-2005; Ord. No. 1693, § 29(18.80.3040), 2-20-2007; Ord. No. 1761, exh. R(18.80.3040), 7-6-2009) Sec. 38.42.3100. Temporary use. A use established for a fixed period of time with the intent to discontinue such use upon the expira- tion of the time period. (Ord. No. 1645, § 18.80.3050, 8-15-2005; Ord. No. 1693, § 29(18.80.3050), 2-20-2007; Ord. No. 1761, exh. R(18.80.3050), 7-6-2009) Sec. 38.42.3110. Transit stop. Improvements and facilities at selected points along transit routes for passenger pickup, dropoff and waiting. Facilities and improvements may in- § 38.42.3040 BOZEMAN MUNICIPAL CODE CD38:374PROOFS clude shelters, benches, signs, structures and other improvements to provide security, protection from the weather and access to nearby services. (Ord. No. 1645, § 18.80.3060, 8-15-2005; Ord. No. 1693, § 29(18.80.3060), 2-20-2007; Ord. No. 1761, exh. R(18.80.3060), 7-6-2009) Sec. 38.42.3120. Townhouse. A dwelling unit, located on its own lot, that shares one or more common or abutting walls with one or more dwelling units, each located on its own lot. A townhouse does not share common floors/ ceilings with other dwelling units. (Ord. No. 1645, § 18.80.3070, 8-15-2005; Ord. No. 1693, § 29(18.80.3070), 2-20-2007; Ord. No. 1761, exh. R(18.80.3070), 7-6-2009) Sec. 38.42.3130. Townhouse cluster. A building consisting of three or more noncom- municating, attached one-household units placed side-by-side and/or back-to-back, with no unit lo- cated over another, and having a common wall between each two adjacent dwelling units. (Ord. No. 1645, § 18.80.3080, 8-15-2005; Ord. No. 1693, § 29(18.80.3080), 2-20-2007; Ord. No. 1761, exh. R(18.80.3080), 7-6-2009) Sec. 38.42.3140. Tract of record. An individual parcel of land, irrespective of ownership, that can be identified by legal descrip- tion, independent of any other parcel of land, using documents on file in the records of the county clerk and recorder's office. (Ord. No. 1645, § 18.80.3090, 8-15-2005; Ord. No. 1693, § 29(18.80.3090), 2-20-2007; Ord. No. 1761, exh. R(18.80.3090), 7-6-2009) Sec. 38.42.3150. Uniformity ratio. In outdoor lighting, a measure indicating how evenly light is distributed across a surface as expressed in a ratio of one value to another, such as average to minimum, or maximum to minimum. Using ratios, perfect uniformity would be 1:1. (Ord. No. 1645, § 18.80.3100, 8-15-2005; Ord. No. 1693, § 29(18.80.3100), 2-20-2007; Ord. No. 1761, exh. R(18.80.3100), 7-6-2009) Sec. 38.42.3160. Use. The employment or occupation of a building, structure or land for a person's service, benefit or enjoyment. (Ord. No. 1645, § 18.80.3110, 8-15-2005; Ord. No. 1693, § 29(18.80.3110), 2-20-2007; Ord. No. 1761, exh. R(18.80.3110), 7-6-2009) Sec. 38.42.3170. Usable lot area. The portion of an area of a lot exclusive of setbacks or other building restrictions within which structures subject to setbacks may be placed. (Ord. No. 1761, exh. R(18.80.3115), 7-6-2009) Sec. 38.42.3180. Variance. A modification or variation of the provisions of this chapter as applied to a specific piece of property. (Ord. No. 1645, § 18.80.3120, 8-15-2005; Ord. No. 1693, § 29(18.80.3120), 2-20-2007; Ord. No. 1761, exh. R(18.80.3120), 7-6-2009) Sec. 38.42.3190. Violation. The failure of a structure, subdivision, use of land or other development to be fully compliant with this chapter. (Ord. No. 1645, § 18.80.3130, 8-15-2005; Ord. No. 1693, § 29(18.80.3130), 2-20-2007; Ord. No. 1761, exh. R(18.80.3130), 7-6-2009) Sec. 38.42.3200. Wall sign. Any sign painted on, attached to or erected against the wall of a building, structure, canopy or awning with the exposed face of the sign parallel to the plane of said wall or structure. The sign must be attached in a manner so that it does not extend six inches beyond the wall. (Ord. No. 1645, § 18.80.3140, 8-15-2005; Ord. No. 1693, § 29(18.80.3140), 2-20-2007; Ord. No. 1761, exh. R(18.80.3140), 7-6-2009) § 38.42.3200UNIFIED DEVELOPMENT CODE CD38:375PROOFS Sec. 38.42.3210. Warehouse. An enclosed building designed and used primar- ily for the storage of goods and materials. (Ord. No. 1645, § 18.80.3150, 8-15-2005; Ord. No. 1693, § 29(18.80.3150), 2-20-2007; Ord. No. 1761, exh. R(18.80.3150), 7-6-2009) Sec. 38.42.3220. Watercourse. Any stream, river, creek, drainage, waterway, gully, ravine or wash in which some or all of the water is naturally occurring, such as runoff or springs, and which flows either continuously or intermittently and has a definite channel, bed and banks, and includes any area adjacent thereto sub- ject to inundation by reason of overflow. In the event of a braided or other multiple channel con- figuration of a watercourse, the area of the water- course shall be that area lying between the two outermost high-water marks, as defined in this chapter. The term "watercourse" shall not be con- strued to mean any facility created exclusively for the conveyance of irrigation water or stormwater. The city may consult with other agencies with expertise in this matter when there is a question of whether a particular water body is a watercourse. (Ord. No. 1645, § 18.80.3160, 8-15-2005; Ord. No. 1693, § 29(18.80.3160), 2-20-2007; Ord. No. 1761, exh. R(18.80.3160), 7-6-2009) Sec. 38.42.3230. Way-finding signage. A set of coordinated signs which are intended to give directional guidance to and within a defined district and to assist pedestrians or vehicles in finding areas of common interest or convenience. (Ord. No. 1769, § 20(18.80.3165), 12-28-2009) Sec. 38.42.3240. Wetland. A. Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegeta- tion typically adapted for life in saturated soil conditions, and meet the established criteria briefly described below: 1.Vegetation.A prevalence of hydrophytic vegetation. Hydrophytic species, due to morphological, physiological, and/or repro- ductive adaptation, have the ability to grow, effectively compete, reproduce, and/or per- sist in anaerobic soil conditions. 2.Soils.A hydric soil is a soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part. 3.Hydrology.The area is inundated either permanently or periodically, or the soil is saturated to the surface at some time during the growing season of the prevalent vege- tation at a duration sufficient to induce anaerobic and reducing conditions. (Ord. No. 1645, § 18.80.3170, 8-15-2005; Ord. No. 1693, § 29(18.80.3170), 2-20-2007; Ord. No. 1761, exh. R(18.80.3170), 7-6-2009) Sec. 38.42.3250. Wholesale. The sale of goods and merchandise for resale instead of for direct consumption. (Ord. No. 1645, § 18.80.3180, 8-15-2005; Ord. No. 1693, § 29(18.80.3180), 2-20-2007; Ord. No. 1761, exh. R(18.80.3180), 7-6-2009) Sec. 38.42.3260. Wildlife. Animals that are neither human, domesticated, nor feral descendants of commonly domesticated animals. (Ord. No. 1645, § 18.80.3100, 8-15-2005; Ord. No. 1693, § 29(18.80.3190), 2-20-2007; Ord. No. 1761, exh. R(18.80.3190), 7-6-2009) Sec. 38.42.3270. Wildlife habitat. The place or type of habitat where wildlife naturally lives. (Ord. No. 1645, § 18.80.3200, 8-15-2005; Ord. No. 1693, § 29(18.80.3200), 2-20-2007; Ord. No. 1761, exh. R(18.80.3200), 7-6-2009) § 38.42.3210 BOZEMAN MUNICIPAL CODE CD38:376PROOFS Sec. 38.42.3280. Window sign. Any sign painted, attached, glued or otherwise affixed to a window for the purpose of being visible from the exterior of the building. (Ord. No. 1645, § 18.80.3210, 8-15-2005; Ord. No. 1693, § 29(18.80.3210), 2-20-2007; Ord. No. 1761, exh. R(18.80.3210), 7-6-2009) Sec. 38.42.3290. Wireless facility. An unstaffed facility for the transmission or reception of radio frequency (RF), microwave or other signals for commercial communications pur- poses, typically consisting of an equipment enclo- sure, an antenna support structure and one or more antennae. This definition excludes amateur radios, Essential Services (Type I), satellite earth stations and private receive-only antennae, such as for the reception of television signals. (Ord. No. 1645, § 18.80.3220, 8-15-2005; Ord. No. 1693, § 29(18.80.3220), 2-20-2007; Ord. No. 1761, exh. R(18.80.3220), 7-6-2009) Sec. 38.42.3300. Wrecking yard. Aplace, lot or area where the primary function is that of dismantling, storage, abandonment or sale of goods and materials as parts or scraps. (Ord. No. 1645, § 18.80.3230, 8-15-2005; Ord. No. 1693, § 29(18.80.3230), 2-20-2007; Ord. No. 1761, exh. R(18.80.3230), 7-6-2009) Sec. 38.42.3310. Yard. Aspace on the same lot with a principal building, which is open and unoccupied from the ground upward or from the ground downward other than by steps, walks, terraces, driveways, lamp posts and similar structures, and unobstructed by structures, except as otherwise provided in this chapter. (Ord. No. 1645, § 18.80.3240, 8-15-2005; Ord. No. 1693, § 29(18.80.3240), 2-20-2007; Ord. No. 1761, exh. R(18.80.3240), 7-6-2009) Sec. 38.42.3320. Zoning commission. The Bozeman Zoning Commission. (Ord. No. 1645, § 18.80.3250, 8-15-2005; Ord. No. 1693, § 29(18.80.3250), 2-20-2007; Ord. No. 1761, exh. R(18.80.3250), 7-6-2009) Sec. 38.42.3330. Zoning map. A map with all notations, dimensions, references and symbols shown thereon depicting individual zoned districts in accordance with this chapter. (Ord. No. 1645, § 18.80.3260, 8-15-2005; Ord. No. 1693, § 29(18.80.3260), 2-20-2007; Ord. No. 1761, exh. R(18.80.3260), 7-6-2009) § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:377PROOFS APPENDIX A. ILLUSTRATIONS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:378PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:379PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:380PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:381PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:382PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:383PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:384PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:385PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:386PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:387PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:388PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:389PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:390PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:391PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:392PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:393PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:394PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:395PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:396PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:397PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:398PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:399PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:400PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:401PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:402PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:403PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:404PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:405PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:406PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:407PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:408PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:409PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:410PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:411PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:412PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:413PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:414PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:415PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:416PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:417PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:418PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:419PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:420PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:421PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:422PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:423PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:424PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:425PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:426PROOFS § 38.42.3330UNIFIED DEVELOPMENT CODE CD38:427PROOFS § 38.42.3330 BOZEMAN MUNICIPAL CODE CD38:428PROOFS