HomeMy WebLinkAboutFinal Submittal to MCC w all attachments 7 9 10-1 c�Bt)2�'
City of Bozeman
City Attorney's Office Greg Sullivan, City Attorney
Tim Cooper, Staff Attorney
tt wee Susan L. Wordal,Stafj`'Attorney
co. 0 Jessica Betley,StaffAttorney
Julv 9. 2010
VIA Email ONLY
Bill Carroll
Senior Code Attorney
Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316-2235
RE: City of Bozeman Responses to 2009 Codification Draft
Dear Bill:
Attached you will find comments from the city of Bozeman regarding Municipal Code
Corporations 2009 draft codification of the city of Bozeman's ordinances. Thank you for your
patience.
The comments are organized into several sections by an attachment. Attachment A discusses
general topics regarding the code such as gender neutralization, etc, and includes a discussion on
reorganization of the code based on your suggested table of contents from last year. Attachment
B contains comments by title, chapter, and section as the code currently exists and contains
comments on your footnotes. This attachment contains the bulk of the city's comments.
Attachment C does the same but is focused specifically on Title 18, the city's Unified
Development Ordinance. I hope this format is straightforward enough for you to incorporate the
comments efficiently into a final draft for our review.
We spent several months and numerous meetings discussing the scope of amendments to the
code. Included in the attachments are comments that are necessary to reflect current
administrative practices, correct inaccuracies and confusing code provisions, and reflect changes
in controlling laws such as controlling case law, the City Charter and state statutes. There are
also many provisions in the code in need of updating that we felt were beyond the scope of this
process. As such, the city has decided to undertake a two-part process. "Phase I" includes this
current process of incorporating adopted ordinances, removing obvious inconsistencies with
other controlling law, and making other adjustments. "Phase II," to be started once the code is
published by MCC and the service agreement is in place, will consist of a systematic review of
Street Address: 121 North Rouse Phone: (406)582-2309
Mailing Address:P.O.Box 1230 Fax: (406)582-2302
Bozeman, Montana 59771-1230 TDD: (406)582-2301
each title of the new code and an ordinance-by-ordinance deletion or amendment of numerous
substantive provisions. Please consider this as you review the city's comments.
1 will contact you after the 4`h of July to schedule a phone conference. Please remember that if
you need any assistance as you review our comments and add our most recently adopted
ordinances into a final draft please don't hesitate to call or email me at gsullivan@bozeman.net.
Sincerely,
Greg Sullivan
City Attorney
c: Chris Kukulski,City Manager
Stacy Ulmen,City Clerk
Public to internal website
Attachment A:
General Comments and Discussion on Proposed Table of Contents
The following comments are general to the entire codification process. The comments are
included as bulleted points.
General Comments:
• If an edit is shown in the 2009 draft and has no comment please accept the edit as
proposed. Likewise, if a footnote has not been commented on the city accepts the
direction included in the footnote so please proceed as indicated.
• Please review and amend the entire code so it becomes 100% gender neutral with
adoption of the codification ordinance.
• If possible, please indicate in a separate document all changes to the code that are being
made through the adopting ordinance so the city commission, staff, and most importantly,
the public are able to clearly understand which code provisions are being repealed or
amended in the codification process.
• Please include all ordinances effective prior to July 1, 2010 in the draft.
• Any reference in the code to the requirement for an officer or elected person to supply the
city a"bond" or"official bond", etc. should be deleted.
• All references in the code to the "director of public safety—police" should be changed to
"Chief of Police." Same with all references to the "director of public safety — fire" —
please change all references to "Fire Chief."
Alcohol Permitting:
• Currently, there are several places in the code that deal with alcohol including licensing,
public use,retail sales, etc... These include Chpts. 5.12 (beer); 5.52 (liquor—retail sales);
and 9.70 (alcohol policy). As proposed, please combine them in one section on "Alcohol
—Licensing and Restrictions."
Proposed Table of Contents:
• Please provide the final draft in an alphabetical format as proposed subject to other
comments provided herein.
• The format you provide creates chapters, articles, divisions, and sections. This format is
acceptable as it creates a distinction between the structure of the Montana Code
Annotated and the Bozeman Municipal Code.
• Rather than use dashes to separate the chapter, article, division, and section numbers
please consider using periods. This is the same format as currently used in the Bozeman
Municipal Code and will further help distinguish references in city documents to the
BMC as opposed to MCA.
Attachment A: General Comments and Discussion on Proposed Table of Contents
Page 1 of 2
• Numerous proposals in Attachments B and C will require significant adjustment to the
proposed table of contents.
• Many chapters are proposed for repeal. Please consider this when drafting the final
proposed table of contents.
• Specific comments:
o Please do not include current Chpt. 12.32 (Parades and Public Assemblies) in
proposed Chpt. 40; rather, include it in proposed Chpt. 38.
o Please include current Chpts. 9.06 and 9.08 in proposed Chpt. 22, Art. III.
o Please have current Chpt. 2.06 (Municipal Court) as a standalone Chapter.
o Proposed Chpt. 2, Art. IV: please add additional departments are reflected in the
draft.
o Proposed Chpt 2, Art. V: Add additional Boards as reflected in Attachment B and
recently adopted ordinances.
o Proposed Chpt. 18 (Emergencies): please move the three proposed articles to
other locations. Current Chpt. 8.05 could be moved to proposed Chpt. 20. Current
Chpt. 5.70 (EMS) could be moved to proposed Chpt. 22.
o Please move current Chpt. 1.24 (Municipal Infraction) to proposed Chpt. 28
(Offenses) and rename the proposed chapter as "Offenses, Miscellaneous
Provisions."
Attachment A: General Comments and Discussion on Proposed Table of Contents
Page 2 of 2
Attachment B:
Specific Comments by Title and Chapter RE: the 2009 Draft
Note: Comments organized by chapter and section and include both answers to questions posed
in a footnote by MCC and additional comments as added by the staff.
Title 1:
• Please add a section allowing the city attorney to determine which ordinances are to be
codified and which ordinance are to be kept by the City Clerk in a separate index and a
companion provision requiring all ordinances to have a codification instruction. Here's
proposed language:
o "Special Ordinances: All ordinances shall contain a specific codification
instruction. The City Attorney has discretion whether to codify special ordinances
of restricted application, such as those providing for emergency or interim
measures; bond issues; elections; the conveyance of real property; the granting,
renewal, or extension of a franchise; annexations; street vacations and
dedications; street and sidewalk improvements; and the repeal of other
ordinances. Such ordinances, if not codified, shall be kept in a separate index by
the City Clerk."
• Add a section that allows the City Attorney to make adjustments to ordinances for the
purpose of codification: Here's proposed language:
o "Codification Powers: The City Attorney may change the wording of captions;
rearrange sections and change reference numbers to agree with the renumbered
chapters, sections or other parts; substitute the proper subsection, section, chapter
or other division numbers; strike out figure or words that are merely repetitious;
change capitalization and style for the purpose of uniformity; and correct manifest
clerical or typographical errors."
• FN2: Ok to add the provisions from the Billings code (1-106 and 1-109).
o Use the Billings chpt. 1 as a template. Please replace "council" with
"commission."
• The BMC was originally published by Book Publishing Company In 1982 and as far as
we can tell, this is the first "publication." The city does have a book called: "The
Ordinances of the City of Bozeman" published in 1899 but I don't know if you would
consider it a codification.
• FN9: Yes. Please print the charter in front of the code.
• 110: I assume this was a transitional provision. I think we can delete this or at least
amend the date to reflect the date of adoption of the new codifying ordinance.
Attachment B:Specific Comments by Title and Chapter RE:the 2009 Draft
Page l of 23
• FN 10: yes.
• FN11: please add definitions of"agency," "code," and the suggestion on referencing the
MCA.
FN12: not sure. Suggest eliminating this word as "town" has specific meaning in state
law and any reference could be confusing. Bozeman is a"city."
• FN13: good suggestion—please do add this phrase.
• 1.04.090 & FN14: seems like this provision would be covered in its entirety by adding
the proposed 1-106 from the Billings code (certain provisions saved from repeal). If so,
please add the Billings provision and delete this one.
• FN15 (corporate seal): do not need an independent chapter.
• FN 16:the answer is yes and I agree with Stacy—as long as it's used consistently.
• FN17 and FN18: again, the answer is no. Please determine the best location for these
provisions.
• 1.12: (Statute of Limitations): Delete the entire section.
• 1.20: Constitutional Initiative 75 was overturned by the Montana Supreme Court in
Marshall v. State ex rel. Cooney, 975 P.2d 325, 1999 MT 33 (1999). Ordinance 1482
adopting this entire section was done for the purpose of providing specific immunity to
employees and officials in the wake of the adoption of the Cl. Since the initiative was
overturned,the purpose behind the ordinance is moot. Please delete this entire section.
Title 2: Administration and Personnel
• 2.01: The Code of Ethics has been updated since this draft was created.
o FN19: ok
o FN21: ok.
o 020.A defines "agency." This term is different than the proposed addition of a
description of "agencies" in Title 1 as the Title 1 term references federal
agencies. See FN I L This section is specific to only agencies of the city of
Bozeman.
o FN22 - FN28: agree,please fix.
• 2.04:
o 2.04.020: delete"bond"from the caption and in the table of contents.
o .040.I: amend: "All meetings of the commission shall be public except as
authorized by I and any citizen shall have access to the minutes and records
thereof except as prohibited by law at all reasonable times." The rest of the
section stays.
o .060: amend: "... and perform such other duties as may be required of him the
Clerk by ordinance or resolution of the commission or direction of the Citv
Attachment B: Specific Comments by Title and Chapter RE:the 2009 Draft
Page 2 of 23
Manager, and he shall be the custodian of the official records and corporate seal
of the city."
o FN29: Yes, it is the correct date.
o FN30: please adopt the definition of MCA and thus delete "as amended"
wherever it appears in the code.
o .090.D: delete the term"recorded" at the end of the sentence.
o The reference to Ord. 1731 in the code references is listed twice.
• 2.05: Include this chapter table of contents.
• 2.06:
o FN31: delete.
o .020:
• A: Amend to: "The municipal court will be in a ,.,n4ii+uou session at
times and on days established by the Court fFem fii� Weleek a.m. il
neon and from one e'eleek until fouf Weleek p.m. every day except
nonjudicial days. The A judge may set addifienal s ecific hours as
necessary."
o .030: Amend to: "The position of clerk of the municipal court is established. The
clerk will work under the supervision and control of the aopaFtfoi++ of fiflaftee
chief municipal judge."
o .050: Amend to: "The office of the municipal judge is hereby established for the
city. There will be at least one full-time municipal judge as determined by
ordinance of the commission and there may also be one or more part-time
assistant judges appointed by the chief municipal judge subject to approval by the
commission. If there is only one full-time judge that judge shall be considered the
chief iudge. If there is more than one full-time fudge the chief judge shall be
determined in accordance with Title 3, Chpt. 6 MCA The judge will not be
employed in additional to the efnpleymei4 . i. a4 judge."
o .060: Amend to: "The Each person holding the office of full-time municipal
judge will be elected at a general election and will hold office for a period of four
years. Each assistant part time Judge shall serve for the term of the appointing
full-time municipal judge."
o .070: A municipal judge, at the time of election or appointment, shall wi44 be a
resident for one year of and registered to vote in Gallatin County the-ei . The
municipal judge must have the same qualifications as a district judge, as set forth
in Article VII, Section 9 of the 1972 Constitution, except that the judge need only
be admitted to the practice of law in the state of Montana for a minimum of twe
three years prior to the date of election or appointment."
o .080: Replace every use of the word"The"at with "a."
o .090: delete the entire section. The courts no longer appoint public defenders.
Attachment B:Specific Comments by Title and Chapter RE: the 2009 Draft
Page 3 of 23
o .100.A: replace "ordinance" with "resolution." Add: "A municipal judge who
appoints an assistant judge will set the assistant judge's compensation."
o 110.B: replace "with the rules of the Montana Supreme Court" with the word
"law."
o 110.C: Delete the opening phrase to begin the sentence with "All such..." and
delete the word "daily."
o .120.B.1: amend the two year practice requirement to five years per 3-6-204,
MCA. In addition, replace the requirement to be a resident of the city with
"resident of Gallatin County" and also amending the phrasing "or other law-
related employment... within Gallatin County efts ."
o .120.13: add as provision that provides an alternative to a five year attorney and
resident of the city: "sitting or retired judge of a court of record." This matches
the authority in 3-6-204, MCA. As above,this person need not be a city resident.
• 2.08:
0 2.08.010.13: delete all the powers and replace the language in this section with
"The City Manager shall have the powers and duties conferred by the Charter and
law."
o Please add a new subsection C: "The City Manager is authorized to promulgate
administrative orders within the areas of powers and duties conferred by the
Charter and this code."
o Please delete language that requires the CM to have a bond.
• 2.09: FN32:please merge this with Chpt. 2.08.
• 2.12:
o 010.A: Amend the list to recognize the following departments:
• Department of Finance;
• Fire Department;
• Department of Human Resources;
• Department of Information Technology.
• Department of Law;
• Department of Parks and Recreation;
• Department of Planning and Community Development.•
• Police Department; and
• Department of Public Service.
o .010.13 allows the City Manager to change these departments. The charter says
establishing, altering, or abolishing any city department must be done by
ordinance. Please amend to: "The commission ma by ordinance establish alter,
or abolish city departments, officers or agencies and may prescribe the functions
of all departments, offices and agencies. The City Manager may, by
Administrative Order, transfer eliminate or add functions to the departments to
include organizing or reorganizing all divisions thereunder."
Attachment B:Specific Comments by Title and Chapter RE: the 2009 Draft
Page 4 of 23
• 2.16:
o FN34: Leave as a separate chapter.
o .01 O.A: Delete the requirement to have a surety and the reference to a bond.
o .010.13: Amend: "The city attorney shall be appointed by the city manager subject
to confirmation by the city commission. Before entering upon the duties of his or
her office, he or she shall take and subscribed to the oath of office and give -an.
"ff;":,,, bend if the eemmissien shall r-eg i, : r, +e-be fixed by it, v,44-h.
surf" ""+ sufety to be appreved by the eemmission, and said oath and bend shall
be filed..."The last sentence must remain.
• 2.20: FN35: Yes, delete the entire chapter.
• 2.30:
o Merge under"City Manager"chapter 2.08.
o .01 O.B.3: Delete the opening phrase"Record all ordinances and resolutions."
• 2.32:
o .010: Remove the bond requirements.
o .020: delete this section.
o .030.A: replace "ordinance" in the last line with"resolution."
o .040: delete this section.
• 2.36:
o Rename the chapter to "Department of Parks and Recreation." And revise the
section headers accordingly.
• 2.40:
o This chapter is also slated for overhaul.
o Rename the chapter: Departments of Fire and Police
o .010: in the caption, replace "director of public safety - police" with Chief of
Police."Please reflect these changes throughout the body of the section.
o .015: same as .010-rename the director"Fire Chief."
o .015: The <COM>Cannot read areas should read: "Whenever state law, contracts
or interlocal agreements require the fire chief to perform any service or carry out
any function, the fire chief shall have the responsibility to perform the service or
carry out the function. The fire chief shall also be the chief administrative
authority in all matters affecting "fffeeted--the inspection and regulation of...."
o .015: Add at the end: The Fire Chief shall receive such salary as shall be fixed by
the city manager."
o FN36: Yes.
o FN37: Correct.
o FN38: Delete.
o FN39: Yes.
• 2.44:
o .010: delete the phrase"preservation of contracts"at lines 12/13.
Attachment B:Specific Comments by Title and Chapter RE:the 2009 Draft
Page 5 of 23
o .030: remove all references to sureties and bonding requirements. After
"engineer" include the phrase"who may be referred to as the City Engineer."
o .030: Remove the phrase in the last sentence "and shall hold office or be
employed at the will of the city manager."
o FN40: please move .100, .110, .120, and .130 from Title 2 to a new "division" in
Title 13.
o 100/.110/.120/.130: replace"Clerk of Commission"with"City Clerk."
o .100.E/.110.C/.120.C/.130.D: delete"in which."
• 2.48:
o Please delete. Make sure to delete from T of C.
• 2.56:
o .010.A: Delete the first sentence. In the second sentence after "board" please
insert "of trustees of the Bozeman Public Library."
o .010.B: remove the references to the bonds.
9 2.64: Delete this chapter as the city no longer has this board.
• 2.66: Ok
• 2.72: This entire Chapter has been repealed.
• 2.76:
o SB57 (2009) repealed most of the state statutes regarding cemeteries (i.e. state
law reference: 7-35-101 et seq. has been repealed).
o FN42: Yes, there should be an exception for service dogs.
o FN43: Maybe sometime in the future but not at codification.
o .120 at the end of the P line it should now read "Parks and Recreation Director"
rather than"Director of Public Works".
• 2.80:
o All references to "city-county" should be deleted.
o .050.13: Replace: "At least two but not more than four members shall be chosen
from the finalized list of National Historic Register historic districts in Bozeman,
on file at the city-county planning office" with "At least two but not more than
four members shall be representatives living in a Bozeman historic district, on
file at the city planning office."
o .060.C: Replace "Vacancies on the board should be filed by appointment..." with
"Vacancies on the board should be filled (two Fs. filled not filed) by
appointment..."
o .090.D: "Review and comment on planning programs undertaken by the city,
zoning commission, city-eetm�y planning board,..."
® 2.84: No comments.
0 2.92:
o .030: Delete subsections B, D, and G.
o .030.F: amend: Assist in conducting appraisals, title searches, sufveys, studies....
Attachment B: Specific Comments by Title and Chapter RE:the 2009 Draft
Page 6 of 23
• 2.96: No comments.
• Chpt. 2.96:
o See recommendation on new proposed Table of Contents. Move to a different
location.
• 2.98: No comments.
Title 3: Revenue and Finance
• 3.04: This chapter will be addressed in Phase 2. No changes necessary at this time.
• 3.08:
o FN47: Agreed but please leave as the Finance Director has not yet reviewed. We
may be making a recommendation sooner.
• 3.12:
o The city joined the state MPORS program in 1975. Delete this chapter.
• 3.16:
o FN50: Please amend the citation to the current code provision as indicated in the
FN. Please leave this chapter as 7-12-4221 requires a revolving fund to be
established by ordinance.
• 3.20:
o FN51: Neither. The Chapter should be repealed as there is no reason to develop
local code provisions for creation of these TIF districts. That being said, please
leave this here as the provisions of this chapter contain provisions that are more
detailed than the state code. Phase 2 will contain a review of the city's TIF
districts.
• 3.24:
o 110.13: change the word"period"to "periodic."
o 110.E: replace "administrative services director" with"finance director."
• 3.28:
o Please include this chpt. in the chapter's table of contents. No other comments.
• 3.30:
o Please include this chpt. in the chapter's table of contents.
o FN52: It appears two ordinances were adopted within a couple years of each other
and given the same section numbers. To fix this I propose the earlier of the
ordinances (budget admin) be given the code sections as included in Ord. 1729.
The tax abatement ordinance (Ord. 1744) should be numbered as Chpt. 3.32. The
specific answer to the question is "no."
o FN53: This is a result of different city staff drafting differently without a "code
commissioner" requiring uniformity in practice. I ask the citation here to "BMC"
should be struck in favor of citation only to the numerical section: We do NOT
Attachment B: Specific Comments by Title and Chapter RE:the 2009 Draft
Page 7 of 23
need to say "BMC"or"this code." When we use the periods between numbers we
know the citation is to the BMC.
Title 5: Business Taxes, Licenses, and Regulations
• 5.01:
o FB54: agree. The provisions in 5.01 should be deleted.
• 5.02:
o .010: change "chapter" to "Title."
o .020: change "chapter"reference to "Title."
o FN55: yes, this must change to "Title."
o FN56: change license officer to"Finance Director."
• 5.04:
o FN57: Please do combine the first four chapters into one, if possible. As for the
rest of the comment it appears the rest of Ord. 1273 is included in the draft. The
draft does not follow the organization of the ordinance (which is ok to do) but
please know the substantive provisions appear to be all included in the draft).
• 5.08:
o Please repeal this chapter.
• 5.12:
o See general note on Appendix A regarding this and the other alcohol related
chapters.
o .030: replace "Clerk of Commission"with"City Clerk."
o FN58: agree to change the name of this chapter to "alcoholic beverages."
o FN59: .110 should have been repealed when Ord. 1616 was adopted creating the
current 9.70.020. Sect. 3 (repealer) of Ord. 1616 has the effect of repealing
5.12.110. Please repeal this section.
o FN60: moot because .110 will be removed from the code.
• 5.32:
o FN61: adding the phrase "the date the article must be redeemed" would be a
substantive change and should wait for another time. As this requirement was not
in Ord. 1734 we'll need to come back to correct it.
o FN62:please delete in favor of the general penalty.
• 5.40: No comment.
• 5.52:
o FN63: See first comment under 5.12: refer to note on Appendix A for
reorganization.
o 5.52.010: this section needs to be amended to reflect the current state of the MCA
rather than the old RCM citation. See 5.12.010.A to refer to the Montana
Alcoholic Beverage Code."
Attachment B: Specific Comments by Title and Chapter RE:the 2009 Draft
Page 8 of 23
o FN64: Yes. The MT L Control Board is, as of 1973(!)the "Montana Liquor
Licensing Bureau;" thus, using the "Department of Revenue" is a more general
reference and is the best practice.
o .030: replace "Clerk of Commission" with"City Clerk."
o FN65: Yes.
• 5.56:
o No comment.
0 5.60:
o FN66:No.
• 5.64:
o FN67: Please amend as indicated below and move to Title 15 (Buildings and
Construction).
o .020: #1 and #2 are now "International" codes; #3 state did not adopt so please
delete from the list; #4,5, 6 are correct as written; and#7 is now the "International
Residential Code."
o FN68: See Fire's comments.
• 5.68:
o FN69: This chapter refers to the entirety of Title 5 but for some reason was
plugged into the middle! Agree. Put it at the END.
o FN70: Agree. Delete this in favor of 1.16.
o FN71: Agree. Delete.
o FN72: Agree. Delete.
• 5.70:
o FN73: Agree. Please amend in both places in .020.
o FN74: Please add to the fee schedule in 5.05.010 (Specific Businesses) as a
"Registration and License Fee."Please also keep subsection D here.
o FN75: Yes.
o FN76: Yes.
o .050: change the reference to DPHHS (see FN73).
o FN77: Agree. Delete.
Title 6 (Animals):
• 6.04:
o Note: Please make sure the following ordinances are included in the next draft:
• Ord. 1764 (kennel licensing (already included in current draft));
■ Ord. 1764 (dog parks/enforcement) (not included); and
■ Ord. 1767 (chickens) (not included).
Attachment B:Specific Comments by Title and Chapter RE: the 2009 Draft
Page 9 of 23
o The remaining comments address other issues not addressed by the above
ordinances:
o FN78: Please add the"six month"age requirement to this definition.
o FN79: This should be a substantive amendment and must be handled by a specific
ordinance.
o FN80: See Ord. 1764—revised this definition to "Animal Shelter Director."
o FN81: Yes.
o FN82: See FN78 — add the six-month phrase to the definition of kennel in .010.H.
o FN83: See Ord. 1764.
o FN84: See Ord. 1764.
o FN85: Cruelty to animals in 6.04 was repealed with 1764.
o FN86: See FN85. This section repealed.
o FN87: Please do not include an exception. We can address it as a substantive
amendment in the future.
o FN88: Comment is correct. Ord. 1764 also used "title" here. Please amend to
"chapter."
o FN89: Agreed. 1764 did not include this provision in the ordinance. It should be
deleted.
o FN90: 1764 takes care of this.
• 6.08
o FN91: 1764 did not amend anything in 6.08. Please leave this provision here
rather than refer to the general provision in 1.16.
o FN92: Similar to comment at FN88:please change to "chapter."
Title 8 (Health and Safety):
• See comment on Appendix A: all references to "Department of Public Safety—Police" or
to "Director of Public Safety — Police" must be amended to "Police Department" and
"Police Chief'respectively.
• FN: 93: See Attachment D.
• 8.04: No comment.
• 8.05:
o FN94: No. See above and comment on police/fire nomenclature in Appendix A.
o FN95: YES.
o FN96: Please leave.
• 8.08:
o Delete the chapter as the state Board of Barbers and Cosmetologists regulates
these facilities and the local board of health does not ever inspect.
• 8.12:
o FN100: date is wrong. The second reading occurred on May 3,2004.
Attachment B: Specific Comments by Title and Chapter RE:the 2009 Draft
Page 10 of 23
o .030.A: Make the "Fire Chief' rather than the "Director of Public Safety" the
permitting entity for public displays.
o .030.A: Amend to: "The Fire Chief and/or Chief of Police or their designees shall
review and inspect all supervised..." Add at the end: "All applications under this
section shall be made to the Fire Chief."
o .030.G: amend both references to "Director of Public Safety"to "Fire Chief'
o .040.F: Change this to "Fire Chief."
o .050.A: amend to "... proof of liability insurance in an amount acceptable to the
City Attorney, ..."
o FN101: Delete .060.A.
o .060.B: amend"Director of Public Safety"to"Chief of Police."
o .060.C: amend"Department of Public Safety"to "Police Department."
o .060.D: amend"Director of Public Safety"to "Chief of Police."
o FN 102: No. Leave this here.
0 8.16:
o FN 103: Please keep both.
o FN 104: Yes.
0 8.20: Delete the chapter.
0 8.24: Delete the chapter.
0 8.28:
o FN 109: agreed—please make it so.
o FN 110: yes. Please make the change.
o Other references in this chapter to "planning department" could also be changed
to "department of planning and community development."
o Note: there are no criminal penalties involved here—it's all civil.
0 8.30:
o .050: remove the bolding.
o FN111: Keep both the 8.30 and 6.04 authority but cross reference: Add the phrase
"... or as defined in 6.04.010.N.4."
o FN112: delete R-2a and R-3a as they no longer exist in the UDO.
o FN 113: agreed. Add"UMU."
o FN114: No. Please leave this enforcement provision as it includes specific
graduated penalties for successive violations.
• 8.32
o FN115: Repealer section (ord. 1574) controls. Plus, adoption of the MT Clean
Indoor Air Act. Yes, please delete.
• 8.36:
o FN 116: Engineering recommends changing this to add the phrase "one foot in
height." "Public Works (Debbie?) says no height. Either way, Engineering's
Attachment B:Specific Comments by Title and Chapter RE: the 2009 Draft
Page 11 of 23
proposed change appears to be substantive even though it most likely reflects the
actual practice. Nevertheless,this needs to be dealt with after codification.
• 8.40: Delete chapter in favor of state code provisions.
0 8.44:
o FN118: Agreed. Delete this enforcement provision.
• 8.48:
o Amend references to "Director of Public Safety"to "Chief of Police."
o FN119: please amend this section to: "This chapter hereby supersedes The
Montana Clean Indoor Air Act, Title 50, Chpt. 40, Part 1, MCA, only to the
extent this chapter provides more stringent restrictions."
Title 9 (Public Peace, Morals, and Welfare):
• Note: After MCC's process is complete we plan to revisit this Title to remove provisions
that are duplicative or conflict with state law (i.e. Phase 2). Please just make the edits
listed here until the city can reform this title. The offenses that are proposed to be
eliminated at this time include those where a state statute clearly addresses the same or
similar conduct or where the constitutionality of the current provision is called into
question. In the later case, either the provision is proposed for repeal (vagrancy) or a
major modification is proposed(loitering).
• 9.02:
o FN 121: Replace the language in this code section with: "Pursuant to state law.
Bozeman police officers shall have powers to respond and control disturbances of
the peace and have powers of arrest within the city and for three (3) miles outside
of the Bozeman corporate city limits. Nothing herein shall limit the jurisdiction
of a Bozeman police officer pursuant to Title 7 Title 10 or Title 44 MCA or any
other mutual aid agreement."
o .020: change "title"to "chapter."
• 9.06:
o FN122: Please leave for Phase 2.
• 9.08:
o FN123: Amend to state"Fire Stations of the city..."
o .080: delete this section.
• 9.10: No comments.
• 9.12: repeal.
• 9.14: repeal.
• 9.16:
o FN125: instead of referring to the section number in state statute please refer only
to Title 45, Chpt 2, MCA and Title 10, Chpt. 4, MCA.
o FN 126: please do use the general penalty in 1.16.
Attachment B: Specific Comments by Title and Chapter RE: the 2009 Draft
Page 12 of 23
• 9.20: Repeal.
• 9.26: Repeal.
• 9.28: Repeal.
• 9.34: Repeal.
• 9.36: Repeal.
• 9.38: Repeal.
• 9.42: Repeal.
• 9.44: Repeal.
• 9.46: No comment. Please keep.
• 9.48: Repeal.
• 9.50: Repeal.
• 9.52: Repeal.
• 9.54:
o Amend to reflect the ALI's Model Penal Code: "A person commits a violation if the
person loiters or prowls in a place, at a time, or in a manner not usual for law-abiding individuals
under circumstances that warrant alarm for the safety of persons or property in the vicinity.
Among the circumstances which may be considered in determining whether such alarm is
warranted is the fact that the actor takes flight upon appearance of a peace officer, refuses to
identify him or herself, or manifestly endeavors to conceal him or herself or any object. Unless
flight by the actor or other circumstance makes it impracticable, a peace officer shall prior to any
arrest for an offense under this section afford the actor an opportunity to dispel any alarm which
would otherwise be warranted,by requesting the actor to identify him or herself and explain his or
her presence and conduct. No person shall be convicted of an offense under this section if the
police officer did not comply with the preceding sentence, or if it appears at trial that the
explanation given by the actor was true and, if believed by the police officer at the time, would
have dispelled the alarm. A violation of this section is a misdemeanor with the penalties set forth
in 1.16."
• 9.56: Repeal.
• 9.58: Repeal.
• 9.64: Repeal as this is covered by 18.42.130.D.
• 9.66:
o Many of the sections in this chapter (.010 through .050, .070, .080, .100) could
certainly be eliminated because of 45-6-101 (criminal mischief). This should be
reviewed after codification.
o FN134: Please keep. The provision on horses and cattle (.060) should be reviewed
in Phase 2.
o FN135: This section was amended by the Commission in 1990 via ordinance
1313. 1 agree the more appropriate location for such a provision should be in the
location where the park regulations are established. The park regulations in Chpt.
12.26 were adopted in 1989. Because this provision was amended AFTER the last
work on Chpt. 12.26 I'm going to assume, for now, this section has purpose and
Attachment B: Specific Comments by Title and Chapter RE:the 2009 Draft
Page 13 of 23
should continue to be included in the regulations. Please move it to be located
along with Chpt. 12.26.
o .120 through .150 should stay and will be reviewed after codification.
o FN136: delete in favor of general penalty in 1.16.
• 9.68:
o FN137: use general penalty in 1.16
• 9.70:
o This chapter should be included with 5.12 and 5.52 in a separate location. See
general comment on alcohol in Appendix A.
o .040:
■ .040.A: amend from Director of Public Safety to the "Director of Parks
and Recreation."
■ .040.13: please amend to: "The City Manager or designee may grant a
waiver to the provisions of£eetien 9.70.020 for activities occurring in or
on a public place other than a park or where the number of participating
adults exceeds seventy-five."
■ .040.B.3: Please amend to read:
• "Applications submitted under this subsection shall have proof of
general liability insurance in an amount not less than $750,000 for
each claim and $1.5 million for each occurrence and in addition
such insurance shall also specifically cover the serving of alcoholic
beverages. fteEeptable—tethe aeh An insurance
certificate evidencing the above coverage shall be presented to the
City prior to the event and shall name ineludes the City as an
additional insured."
■ .040.C: Please amend to: "In seeking a waiver to £eetien 9.70.020 the
group leader or authorized representative shall file with the Director of
Parks and Recreation, or City Manager or designee, as applicable, ..."
■ Similar to the comment immediately above, .070.D/E/F/H/I: all these need
to reflect that two officials have approval authority depending upon
whether the permit is being issued under .A or B. As such, in all the
subsections listed above the DPS should be amended to DPR and also the
phrase "...City Manager, or designee, as applicable" should be included.
■ .040.F: amend to state: "and shall not discriminate in granting or denying
waivers under this chapter based upon political, religious, ethnic, color
race, national origin, disability, of gender, or actual or perceived sexual
orientation, gender identity or disability-related grounds." on the basis of
race, color, religion, creed, sex, age, marital status, national origin, or
actual or perceived sexual orientation, gender identity or disability.
o .050: repeal.
Attachment B: Specific Comments by Title and Chapter RE:the 2009 Draft
Page 14 of 23
o .070.C: repeal.
o FN139: No but please repeal .070.C.
o 9.72:
o FN 140: Leave it here.
0 9.80:
o FN 141. Please insert the suggested exceptions and ensure they are in the
disjunctive.
0 9.90: No comment.
0 9.92: No comment.
0 9.93:
o .040: in the introductory line please include the phrase "includes, but is not
limited to..."
o FN144: yes, delete this as covered by 1.16.
0 9.94: No comment.
0 9.98: No comment.
Title 10 (Vehicles and Traffic):
0 General approach to this title:
o Unless specifically instructed otherwise, please amend all references in this Title
to "director of public safety"to the"director of public service."
o Remove all unnecessary quotation marks.
0 10.04:
o FN 145 — FN 163 (Definitions). There are some definitions here that are not
covered by the state law definitions. Please leave amending all of these for Phase
2.
o FN164:please repeal.
o FN165: please leave. The purpose is that various provisions in Title 10 reference
zoning districts with boundary descriptions included in Title 18 (the UDO). Leave
this section.
o FN166: Please leave.
o FN167: Leave.
0 10.08:
o FN169: Not sure what the intent was with the repeal of 10.08.272 with Ord. 1616
but the effect is this code section was repealed. Phase 2 reconsideration.
0 10.10: Repeal entire chapter.
0 10.12: No comments.
0 10.16:
o .010: Please change "director of public safety" to "director of public services."
Also, please make gender neutral.
Attachment B: Specific Comments by Title and Chapter RE:the 2009 Draft
Page 15 of 23
o .020: please make"manual"plural: "manuals."
o .070: Please change"director of public safety"to "director of public services."
o .050: Please replace the word"wait"with"don't walk."
o .070.E: Amend to "Director of Public Service."
0 10.20: No comments.
0 10.24:
o .010.A: replace "City Engineer" with "Director of Public Services or designee"
and amend"Director of Public Safety—Police" with"Chief of Police."
o .010.C: amend"temporarily" at the end of the fourth line to "temporary."
10.28:
o .020: repeal.
o .050: repeal.
o .060: repeal.
o .070: repeal.
o .090: repeal.
o .100: repeal.
• 10.32:
o Note: This chapter has been amended by several ordinances since the draft
was prepared:
■ Ord. 1770: major revisions to .410
■ Ord. 1771: Amend the fine schedule in .410.
■ Ord. 1781: Amend similar provisions for clarity.
o FN175: Agree. Please change "Handicap" to "special needs" in this section;
elsewhere throughout the chapter change to "disabled."
o All references to "director of public safety" should be changed to "director of
public service." These references include .040.A; .060; .070; .080; 090; 100; 130;
150A; 170A; 185A; 190; 230; 240A; 250A; 270; 280; 30013; and 320.
o FN 176: this is the correct date of adoption.
0
• 10.34:
o .010: remove this section.
o FN177: please change all references to "handicapped"to"disabled."
o FN178: please leave.
o FN179: Yes,please change "division"to "department."
• 10.40: No comments.
• 10.42: No comments. Please add to the index.
• 10.44: No comments.
• 10.48:
o FN181:No.
o .020 - .080: repeal.
o FN183: please leave this section.
• 10.52. No comments.
• 10.56: No comments.
• 10.60: No comments.
Attachment B: Specific Comments by Title and Chapter RE: the 2009 Draft
Page 16 of 23
• 10.64: No comments.
Title 11 (Eminent Domain): No comments.
Title 12 (Streets, Sidewalks, and Public Places):
• 12.04:No comments
• 12.08:
o Gender neutral in .100
o .110: please repeal in favor of 1.16.
• 12.12
o .020 and .030: remove the quotation mark at the both sections.
o .040,.050, .070 (twice), and .080: add "or designee" after "director of public
service" each time the term D of PS is used.
o .060: replace "torches or red lights"with"warning lights."
o Make sure all references to the D of PS are gender neutral.
o FN185: Agree. This is in interesting place for this provision. I suggest moving it
to title 9 and then we can address it after codification.
o FN186: Yes. Use the general provision in 1.16.
• 12.14: No comments.
• 12.16: No comments.
• 12.20:
o FN 187: Please leave.
o FN188: Yes. Please leave as is. See comment for 2.44.
.010: After the term "engineer" in the first line, please add "...who may be called
the City Engineer..."
o .020: repeal now as the service is not and cannot be provided by the city.
o .030: City Engineer suggests repealing this section. Please do so.
o .060 and .070: Ordinance 1300 (1990). Engineering comment in reference to .060
and .070 states that this ordinance removed curb-and-gutter from the
homeowners' responsibilities. Ordinance 1300 did not specifically amend .060
and .070; rather, it only amended .035, which the draft codification accurately
reflects. Unfortunately, Ord. 1300 did not have a "repealer" provision that would
indicate any other provision in the BMC that was in conflict with the amendment
in 1300 would likewise be amended or repealed. Bottom line: we have to leave it
like it is and someone will need to come back after codification with a cleanup
ordinance.
• 12.22: Needs to be added to index.
o Also please see Ordinance 1785 (adopted 5/17/10) which amended this chapter.
o FN190: please see Ord. 1785.
o FN191: See Ord. 1785.
Attachment B: Specific Comments by Title and Chapter RE: the 2009 Draft
Page 17 of 23
12.24:
o .020.A.1: Please replace the entire provision with the following: "A double
frontage lot that has a sidewalk which fronts on or abuts an arterial street as well
as a sidewalk which fronts on or abuts another street on the direct opposite lot line
shall not be required to remove snow on the arterial street sidewalk."
o FN192: having the general penalty in 1.16 cover these violations could be
problematic because of the civil sanction in .040. If we left the criminal provision
of .050 it would allow both. I say delete this criminal provision (both .050 and
.060) in favor of only the civil sanction. If the failure to clear a sidewalk is so
egregious that we need to think about a criminal sanction we should find a state
statute to rely on. 45-8-111(1)(c), MCA (public nuisance). Please repeal .050.
• 12.26:
o .020: change definition of director to"Director of Parks and Recreation."
o .030.13 (age limit on use of opposite sex bathrooms): Please leave.
o FN193: this language is ok. Bill's comment is correct: Title 6 does allow specific
leash free areas. I think we're consistent here.
o FN194: Please draft an exception for "service animals authorized under the
Americans with Disabilities Act" for entire subsection thus applying the exception
to both "cause[ing] any domestic animal to run loose..." and to the leaving of
waste.
o FN 195: agreed. We can leave this here, though, with a reference back to chapter
9.92.
o FN 196: Ditto. Reference back to 8.12.
o .050: Per Resolution 4243 the City does not discriminate on the basis of age.
Please remove "age"from the application material provision in .050.A.1.
• 12.28: No comments.
• 12.30:
o .010: Delete "person"from definitions.
o FN197: Yes.
o FN198: change to 1/1/1996.
o FN199: ok to delete and use 1.16.
• 12.32:
o As an FYI,this chapter is set for a major overhaul this coming summer/fall.
o .040 and.060: after "city manager" add "or designee" as the Director of Public
Service has been designated the reviewer for all these permits.
o .090: amend this section to read: "...under this chapter based on political,
religious, ethnic, race, color, creed, age, marital status national origin disability,
or gender, or actual or Derceived sexual orientation felatea gfeu ds"
o FN200: The intent of Ord. 1640 was to leave .B in the code. The purpose of the
ordinance was merely to create the public safety director positions; the purpose
was not to remove a substantive provision in the assembly provisions related to
police protection and free speech. Please keep this provision.
Attachment B: Specific Comments by Title and Chapter RE:the 2009 Draft
Page 18 of 23
Title 13 (Public Services)
• 13.04:
o .010: Replace "carrying and distribution systems" with "carrying, treatment, and
distribution systems..."
o .010: replace"Director of Public Safety"with"Director of Public Service."
o .010: ninth line: after "notices" and before "and/or appurtenances" please insert
"storage tanks, Pear Street Booster Station."
• 13.08:
o FN202: They were paid off. Please delete the entire chapter.
o FN203: Agree; since the entire chapter will be deleted this is moot.
• 13.12:
o FN204: delete this definition and also delete every reference to "the commission"
throughout the chapter as municipal water systems are no longer regulated by the
State.
o .020.F: delete this definition.
o .040: delete"upon approval by the Commission."
o .050: Replace the word "commission" with "City Clerk" and delete "and at the
offices of the utility."
o .060: Please change the waiver authority from the "commission" to "Director of
Public Services."
o .080: second line: amend the word"utilities"to "utilizes."
o Delete all of Article 3 and renumber the chapter accordingly.
o .330 and .340: the captions should be parallel: "Maintenance - when utility
responsible."For.340 it should continue to be"property owner."
o .030: Amend"responsibility"to "responsible."
o FN205: The question is whether this provision in the code was intended to be
superseded by Ord. 1185 (what is now chpt. 13.21). Ord. 1185 was an emergency
ordinance and has never been adopted under other authority. Nevertheless,
nothing in the law nor in the ordinance indicate these provisions were to be of a
temporary nature. Moreover, there was not a "repeal" provision included here.
After consulting with the Director of Public Services please delete 13.12.380.A
and leave 13.12.380.B.
o .390: delete as this is covered by 13.21.
• 13.16:
o FN206: It appears to make sense to incorporate this chapter into 13.12. Please do
so and we'll review it at the final draft.
o .010: please renumber the rules in conformance with standard outline format thus
deleting the reference to "Rule G-1" etc.
o All of these provisions will be revisited during this next fiscal year.
• 13.20:
o FN207: delete entire chapter per Ord. 1185 (see discussion above under 13.12).
• 13.21:
o Get rid of"public safety" in the definition of director leaving"public service."
o .030: gender neutral (second line).
o FN208: please leave as is.
Attachment B:Specific Comments by Title and Chapter RE: the 2009 Draft
Page 19 of 23
• 13.24:
o .020.E: Delete definition of"room."
o .050: change "commission" to "City Clerk" and remove the phrase "and at the
offices of the utility."
o Delete Articles 4 and 5.
• 13.28:
o Change title of chapter to "Wastewater Collection and Treatment System."
o .010.A: change to: "...comply with all applicable state and federal laws" thus
deleting from"required by the CWA..."to the end of the sentence.
o FN211: ok to make the suggested change(s).
o .020: correct the outline format by using capital letters rather than numbers.
o .020:1: Change the citation to the federal code to "Title 33, Chpt. 26, U.S.C."
o .040.A.3: change to: "having a pH less than"6.0..."
o .040.A.6: after"Section 405"add and Section 503..."
o .040.A.12: please add to the end "unless approved by the City Engineer."
o .240: change the time period for renewal to two (2) years from the current three
(3) years.
• 13.32: No comments.
• 13.36:
o Replace the current language in this section with the following: "Customers
contributing waste water with strength concentration in excess of normal
allowable limits of two hundred fifty milligrams per liter of BOD two hundred
fifty milligrams per liter of suspended solids and 5 milligrams per liter of
phosphorus shall be subject to an extra strength surcharge in addition to the
regular service charge computed in accordance with the current rate structure."
Title 15:
• Remove all italics and any unnecessary quotations throughout chapter (e.g. 15.01.010.E)
as this was left over from the ordinance and need not be included in the code.
• Add"15.02 Building Division Fees"to the table of contents for the title.
Delete Chpt. 15.32 (sign code) from the table of contents.
• 15.02:
o Add an index of sections for Chpt. 15.02 at the chapter header.
o Please review the formulas in .010 and .020 match the structure as stated in Ord.
1631. The formulas are critical to calculating fees.
o .020.C.3: Please amend the phrase "renew action on a permit after expiration, the
permittee shall pay a new full permit fee" to read "In order to renew action on a
permit after expiration has exceeded one year, the permittee shall pay a new full
permit fee". This reflects a change/clarification in the current IBC.
• 15.04:
o FN213: there's a detailed explanation as to why the building division folks feel
we need these separate chapters for each code but mainly the rationale is the state
Attachment B: Specific Comments by Title and Chapter RE: the 2009 Draft
Page 20 of 23
and city adopts specific amendments to these codes that may vary from code
cycle to code cycle.
o .010: revise from 2003 Edition to "2006 Edition"
• 15.05
o Header: 15.05 is the International Residential Code chapter — not the "Family
Dwelling Code."
o Change the 2003 reference to 2006 edition.
• 1.5.06:
o .010: change the date to 2006 edition.
o Need a chapter header here for Chpt. 15.06 "International Existing Building
Code."
• 15.07:
o Pursuant to Ord. 1613 (sect. 8) the chapter is now titled the "International Fuel
Gas Code."
o Change the date in .010 to the 2005 version.
• 15.08:
o Include the rest of the chapter.
o Revise the year in .010 to the 2005 edition.
o .170: have the language read: "...file a petition in writing for review of said action
of the Electrical Inspector with the Board of Appeals."
o We recognize Ord. 1613 (section 9) did not include all of the sections but
according to the Chief Building Official the intent was to keep them here. As
such, please include rest of the chapter as it existed prior to adoption of Ord. 1613
subject to the changes herein.
• 15.12:
o Amend date of code version to 2006.
o We recognize Ord. 1613 (section 10) did not include all of the sections but
according to the Chief Building Official the intent was to keep them here. As
such, please include rest of the chapter as it existed prior to adoption of Ord. 1613
subject to the changes herein.
o .030: please make sure the formatting matches that in the current code.
o .020: please delete the fee schedule here replacing it with a reference to "15.02."
• 15.14:
o Amend to "The International Energy Conservation Code, 2003 edition, as
provided by..."
• 1.5.16:
o Change the date reference to the 2006 version.
o Include the rest of the chapter.
o 015: reference the 2006 version of the code.
Attachment B: Specific Comments by Title and Chapter RE: the 2009 Draft
Page 21 of 23
o .020: This section is covered by processes currently included in Title 13 related to
sewer and water connections. Please delete as this provision conflicts with the
current process.
o .030: please delete the fee schedule here replacing it with a reference to "15.02."
• 15.20:
o .030: repeal the definitions.
o FN214: yes, change to "building mover" in the title where applicable.
o FN215: This is a good suggestion but must be taken care of later. Please keep.
o FN216: same as above. The building guys can amend this later.
0 15.24: Omit from code.
0 15.28:
o Agree to delete .030.
o FN217 and FN218: amend later.
• 15.32: Delete this entire chapter; no need to reference the state code.
0 15.36: Fire Code:
o .010.13: change address to 121 North Rouse Ave.
o FN223: please leave .020.
o This will be subject to a standalone ordinance adopted prior to the final draft; as
such, upcoming revisions other than mentioned above will be incorporated into
the code later.
• 15.37: No comment.
0 15.40: Delete the entire chapter.
• 15.44: No comment except FN225: keep the penalty provision here.
• 15.48:
o We ask this chapter be renamed"Location of Utility Poles/Change of Location."
o This chapter is generally no longer applicable as state law covers safety issues
related to "overhead electrical lines."
o Every section within the chapter should be deleted EXCEPT .030 and .040. Please
renumber accordingly. In the future these two provisions will be relocated but for
now,please leave them here.
0 15.52:
o FN229: leave as is as this chapter will come out later.
o FN230. No, leave as is as the chapter may be deleted in its entirety in favor of
restrictions on camping/permits in the park/public assembly provisions.
Attachment B:Specific Comments by Title and Chapter RE: the 2009 Draft
Page 22 of 23
Title 17: Workforce Housing.
17.02
o Delete the state law reference to 53-2-1201.
o Remove the additional "1" in the section heading for "definition of terms." Its
"IT not"171."
o .020: Please give each definition a specific section letter. See, e.g. Chpt. 18.80.
You could also label them by using letters such as "17.02.020.A Actively
Marketed."
o .030: label subsection A as "General"per ordinance 1710.
o .050: please reorganize this section according to the general outline for the BMC.
Section .050.A should be "determining price of unit" while .050.B should be
"pricing assumptions."
Attachment B:Specific Comments by Title and Chapter RE:the 2009 Draft
Page 23 of 23
Attachment C: Comments on Title 18 (UDO)
18.02.020 232 Title 7, Chapter 3, Part 7 is the Charter Government
section and does exist. Please keep this section.
18.04.040 233 State statute uses the term"governing body"when
discussing the entity with authority to approve a
subdivision. The"Governing body" is defined as the
City Commission in 18.80.1200. Please leave the
term "governing body"in place.
18.06.020 234 No,Planning Department is a defined term in
18.80.2320. We did that to not waste so much text
room. If the department ever changes name we can
amend just the definition rather than mess with the
whole ordinance.
18.06.030 235 Yes, it is a department of the State, not city. It should
be so stated. Please include the word"state"before
Montana...
18.06.040.D.1.e In the first sentence the word"approval"should be
changed to"approve."
18.06.040.D.1. (2) 236 Yes, the correct citation is to 76-3-604, MCA
18.06.040.D.1.g The reference to section 18.78.050.1 should be
receded by the word 'by.'
18.08.040 238 The correct reference would be Engineering Division.
They are under the Department of Public Service.
18.10,10 239 Rather than constantly add "as permitted by"please
incorporate a single reference in the opening
paragraph noting that references are to the
authorizing law. Adding the extra text doesn't change
the meaning and is redundant. In addition,the
Montana Subdivision and Platting Act changes
constantly so we attempt to avoid specific references
to a state statute in the text of a local code.
18.10.090 241 Yes, Planning Director is defined in 18.80.2330.
18.12.020.A There is an extra period in the first line, a missing
comma after`lots' in the second line,and `block'
should be made plural. Electric `powers' should be
made singular in the third paragraph.
18.12.030 This certificate should be in a box like the others.
18.12.040.A The term `City of Bozeman' within the certificate
box is used twice. The first usage should be replaced
with 'City Commission.'
18.12.040 242 Please use `et seq.' here.Next major revision of the
UDO we will revisit this question.
18.12.110.A Please do not insert the word"Montana."
18.14.010 243 Yes,follow the same order as they appear in chapter
order.
Attachment C: Comments on Title 18(UDO)
Page 1 of 5
18.14.020.13 Please amend to: "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."The
certificate must include the city's standard template
for Mayor signature, attestations,and date of
adoption."
18.16.020 The use table needs the district abbreviations to
reappear at the top of each page. Accessory Dwelling
Unit in the table needs footnotes 8 and 9, not footnote
3. In footnote 7 there should be a period, not a
comma after both repetitions of BMC. There is an
asterisk instead of an 8 in the list of footnotes and
footnote 9 is missing which reads `Accessory
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.'
18.16.040.A This will need to be edited to include the changes to
the section in Ord. 1761.
18.16.040.B, Table The line for townhomes shows both a minimum
16-3 width and the `not allowed' dash marker for RS and
R-1.
18.16.060 The entire section is repeated twice. Delete the first
one.
18.16.070 The entire section called "Residential Garages" is
missing from the draft.
18.16.080 The title is repeated.
18.19.070.E.Lb There is an incorrect reference, it should be to
18.19.070.E.1.a,not D.
18.19.070.G The word `shall' needs to be inserted after `landscape
design' in order to make a complete sentence.
18.28.040 Amend the first line to read: "A certificate of
appropriateness, received from either the Planning
Director,of the City Commission,or the Board of
Adjustment, and after recommendation by the
Administrative Design Review staff or Design
Review Board..."
18.28.090 Amend to read: "Aggrieved persons, as defined in
Chapter 18.80, BMC,may appeal the decision of the
Planning Director, Board of Adiustment, or City
Commission pursuant to the provisions of Chapter
18.66, BMC, and Title 76, Chpt. 2,Part 3,MCA."
Leave the last sentence.
Attachment C: Comments on Title 18(UDO)
Page 2 of 5
18.30.020.13 Amend the last sentence in this subsection to read:
"The recommendations of the Design Review Board
or Administrative Design Review staff shall be given
careful consideration in the final action of the
Planning Director,Board of Adjustment, or the City
Commission."
18.30.080.13 The Board of Adjustment should be added
throughout this paragraph according to their authority
established in 18.64.010.C. Please insert"or Board of
Adjustment" after each and every reference to the
"City Commission."
18.30.090 The Board of Adjustment should be included in the
list of bodies whose decisions may be appealed.
Please use the propose text amendment described
above under 18.30.020.B.
18.34.01 O.D After the reference to the Board of Adjustment please
add "or City Commission."Both bodies have the
authority to approve a CUP under certain procedural
conditions.
18.34.030.A.2 This should list a cross reference to Chapter 18.78
since that is where the submittal requirements are
located.
18.34.090.A.13 The word"drawing" should be replaced with
"drainage".
18.34.190.A Second to the last line,the word `or' should be
replaced with `to' after the words `...in any way...'.
18.36.040.C.4.a(2)(d) Change `greater than' to"less than' otherwise the
sentence mandate a building to move a certain
distance instead of restricting it's movement as is the
purpose of the section.
18.36.090.E.2.a(7) The word `earn' is misspelled just before the word
'thirty' in the second line.
18.36.090.E.2.b Add NEHMU to the list of residential zoning
districts.
18.36.090.E.2.c Add UMU to the list of commercial zoning-districts.
18.36.090.E.2.d Add NEHMU to the list of industrial zoning districts.
Yes, it is listed twice, as a mixed use district it could
be either one depending on the nature of the proposed
development.
18.48.020 245 Yes, it should read Chapter.
18.48.070 246 They support each other.The City Forester is part of
the Development Review committee and reviews
proposed development plans for conformance with all
relevant code. Section 18.34.090.A.3 requires
(through site plan review which includes
landscaping) conformance with all `applicable laws,
ordinances, and regulations.' If considered necessary
a cross reference to 12.30 BMC could be inserted.
Attachment C:Comments on Title 18(UDO)
Page 3 of 5
18.48.070 247 Yes, this is a City department.
18.52.050.13 248 UMU was added with Ordinance 1769. Please add
when Ord. 1769 is codified.
18.52.050.13 249 Ordinance 1769 removed this language.
18.52.060.A 250 UMU was added with Ordinance 1769. Please add
when Ord. 1769 is codified.
18.54.030, Table 54- 251 This has been identified as a future edit.
1
18.54.040, Table 54- 252 This has been identified as a future edit.
2
18.58.080 253 This is a Department. This was corrected with
Ordinance 1769.
18.64.010 There are extra periods after the paragraph
identification letters.
18.64.080 254 Yes,make the correction.
18.64.090 There are extra periods at the beginning of sentences
in the paragraph.
18.66.010.13.1 Formatting problem with the indents and periods.
18.66.080 Caption should read: "Appeals from City
Commission or Board of Ad'ustment Actions"
18.78.060.P.I The letter j is repeated twice as a paragraph identifier.
18.78.070.A Please replace the reference to the specific ARM
citation with"unless it complies with the uniform
standards for final subdivision plats as established
in the Administrative Rule of Montana."
18.78.170.A.8 The word co-location is misspelled in the sentence.
18.80.090 Reformat the MCA reference.
18.80.320 v. 256 Please amend 18.80.2120 by deleting the second
18.80.2120 sentence :
18.80.2120 ONE-HUNDRED YEAR FLOOD
A flood having a one percent chance of being
equalled or exceeded in any given year.A
t 00 year flood has ►aenrl.-a 23-per- • ehanee
A 100-
year flood is the same as a base flood.
18.80.330 257 1929 is the correct year. We will consider removing
the date reference under a future UDO edit.
19-80.530 258 We would prefer to retain the definition since it is
such an essential part of the zoning and subdivision
procedural requirements.
18.80.560 259 The omission was an error; it has been included in all
subsequent editions. The files I sent to the Clerk still
include the section and do not show it stricken. Please
reinsert it.
18.80.670 This section was repeated twice.
Attachment C:Comments on Title 18(UDO)
Page 4 of 5
18.80.950 260 See also comment 238. The item is noted for future
correction.
18.80.1200 261 See comment 233.No,governing body is the term
used in statute.
18.80.1260 Two periods at the end of the sentence.
18.80.1310 262 The files I sent to the Clerk still include the section
and do not show it stricken. All subsequent
ordinances have included it. Please insert the text of
the definition as stated below:
"An establishment designed and equipped for the
conduct of sports, exercise activities and other
customary and usual recreational activities, including
tennis, racquetball,handball and squash courts,
martial arts,gymnastics, weight and aerobic exercise
rooms, running facilities, swimming pools,yoga,
sport dancing, and whirlpool and sauna facilities.
Permitted accessory uses shall include child care, sun
tanning booths, massage, health and nutrition
counseling services,retail sales of sporting goods and
restaurant services."
18.80.1840 263 See comment 257
18.80.2120 See comment above.Amend to:
18.80.2120 ONE-HUNDRED YEAR FLOOD
A flood having a one percent chance of being
equalled or exceeded in any given year.A
inn . e creed has =rcur15,-a i,rpccccrrc'chmrrccei
A 100-
year flood is the same as a base flood.
18.80.2310 264 This is a bit of a left over from when there was a joint
city-county planning board. Although it seems overly
detailed since the planning board has a regulatory
role it feels prudent to retain the definition. Since
they are referenced so often it is helpful to shorten the
term. Please leave as is.
Attachment C: Comments on Title 18(UDO)
Page 5 of 5