HomeMy WebLinkAboutOrdinance 11- 1808, amending Bozeman Municipal Code, Ch. 18.06, 18.08, 18.10, 18.74ORDINANCE NO. 1808
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE
AMENDED BY REVISING CHAPTER 18.06, CHAPTER 18.08, CHAPTER 18.10,
AND CHAPTER 18.74; REVIEW PROCEDURES FOR SUBDIVISIONS, LAND
SUBDIVISIONS CREATED BY RENT OR LEASE, SUBDIVISION EXEMPTIONS,
AND IMPROVEMENTS AND GUARANTEES.
WHEREAS, Title 76, Chapter 3, MCA requires local governments to adapt
procedures and standards for review and processing of divisions of land; and
WHEREAS, the City of Bozeman has adopted Title 18, Unified Development
Ordinance which establishes procedures and standards for subdivision development; and
WHEREAS, the City of Bozeman's Unified Development Ordinance implements the
City's growth policy and state laic regarding divisions of land; and
WHEREAS, the City of Bozeman is a local government unit with self - government
powers as provided in Article X1, sections 5 and 6, ofthe Montana Constitution; and
WHEREAS, the purposes of Title 76, Chapter 3.. MCA can be satisfied through
various means and procedures which can be adapted to the needs of local communities; and
WHEREAS, several modifications to the standards for processing subdivisions were
identified which will provide for a more effective management of land and the review of
applications while addressing the purposes of Title 76, Chapter 3, MCA and meeting the local
needs of Bozeman; and
WHEREAS, certain modifications require additional flexibility in process to review
proposed development and the City as a charter government with self - government powers has
the authority to implement such alternate approaches; and
Page 1 of 23
WHEREAS, the proposed Unified Development Ordinance text amendment
application has been properly submitted, and reviewed, and all necessary public notice was given
for all public hearings; and
WHEREAS, the Bozeman Planning Board held a public hearing on June 7, 2011 to
receive and review all written and oral testimony on the request for a Unified Development
Ordinance text amendment, and
WHEREAS, no member of the public offered comment on the proposed amendments;
and
WHEREAS, as shown in Planning Board Resolution P- 11021, the Bozeman Planning
Board recommended to the Bozeman City Commission that the proposed Unified Development
Ordinance text amendments be approved with two changes; and
WHEREAS, after proper notice, the City Con held a public hearing on ,Tune
27, 2011, to receive and review all written and oral testimony on the request for a text
amendment to the Unified Development Ordinance; and
WHEREAS, the City Commission reviewed and considered the relevant text
amendment criteria established by Sections 76 -3 -102, and 76 -3 -501, M.C.A.. and found the
proposed Unified Development Ordinance text amendment to be in compliance with the
purposes of the title as locally adopted in Section 18.02.040, BMC; and
WHEREAS, at its public hearing on June 27th, the City Commission found that the
proposed Unified Development Ordinance text amendment would be in compliance with
Bozeman's adopted growth policy and applicable statutes and would provide a superior means of
advancing the private and the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana, that:
Section 1.
Section 18.06.040 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
18.06.040 PRELIMINARY PLAT
After the requirement for a pre - application 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 Chapter 18.78,
BMC, to the Planning Department and must conform to the requirements of this title. The
preliminary plat shall be prepared by a surveyor licensed to practice in Montana.
Page 2 of 23
A, Acceptability and Adequacy of Application. The time limits in paragraphs I and
2 of this subsection apply to each successive submittal of the application until a
determination is made that the application contains the required materials and is
adequate for review and the subdivider or their agent is notified.
1. The Planning Department shall review a subdivision application within five
working days of receipt of the application and applicable fee submitted in
accordance with any deadlines established for submittal to determine if the
application is acceptable. An application is acceptable only if it contains all of the
information required by this title. If the application is unacceptable, 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 designate in writing another party to receive notifications regarding
acceptability. 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.
2. After the application is deemed acceptable it shall be reviewed for adequacy. The
review for adequacy shall be conducted by the appropriate agency with expertise
in the subject matter. The adequacy review period shall begin on the next working
day after the date that. the Planning Department determines 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 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
subdivider, who is the property owner. If the application is adequate the
subdivider shall be so notified. The property owner may designate in writing
another party to receive notifications regarding adequacy,
a. In the event the missing information is not received by the City within 15
working days of notification to the subdivider of inadequacy, all
application materials and one-half of the review fee shall be returned to
the subdivider or their representative. 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 inforination during the subdivision review
process. A determination of adequacy establishes the applicable review
criteria as specified in § 18.64.080.A, BMC.
3. The DRC may grant reasonable waivers from submittal of application materials
required 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 completed.
4. In order to be granted a waiver the applicant shall include with the submission of
the subdivision application a written statement describing the requested waiver
and the reasons upon which the request is based. The final approval body shall
Page 3 of 23
then consider each waiver at the time the subdivision application is reviewed. All
waivers must be initially identified with the pre-application stake of review.
B. Review by Affected Agencies. After an application is deemed acceptable, the Planning
Department may submit copies of the preliminary plat and supplementary information to
relevant public utilities and public agencies for review and comment, and a'
b.d....i.Y.J. i cillsto the Planning Board for its advice pertaining to the approval or denial of
the subdivision application. Review by public agencies or utilities shall not delay the City
Commission's consideration of the subdivision application beyond the statutorily
specified review period. If the Planning Department shall request review by a public
utility, agency of government, and other parties regarding the subdivision application that
was not identified during the pre-application review the Planning Department shall notify
the subdivider.
C. Planning Board Review. At a regularly noticed aaa public hearing, the Planning
Board shall review all qjaaj(Li subdivision applications, together with required
supplementary plans and information, and determine whether the plat is in compliance
with the City's growth policy. The Planning Board shall hold a public hearing on all
g1qkjf, subdivisions is re -d. I u r s an air Section '76-1. Ml,
MCA the Plannigg i of 1
fa 11jW r Albdiv�suo ns frc �ni tr
a act
tiS)�,g _. __ 11111111 ... .........
of'recc)rd to the Nannirm� 1)ij ctqt.
I 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 comment received during the public hearing or public meeting
before the Planning 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 Commission by the Planning Board.
2. Planning Board Recommendation, Within ten working days of their review, the
Planning Board shall submit in writing to the City Commission, a resolution
forwarding its advice regarding compliance with the City's growth policy, and a
recommendation for approval, conditional approval or denial of the subdivision
application.
11 lllannir�( Dircclor Rcvie�y. The Plunnh [)irecfor sliall review all iniru,_)r i�Oxlivision
— . . ... ....... .... . ............ . . . . ........................ . s ____
gj,�.)phcaljops, toggj]1g'_ayit[i reeLLI fortnataori. and detern J
- �ne
- L ��Ly j�!, qqd iii lll
whqln- tha plat is in cotnr2fi Le !Njtj-! - IL 0 1 .Lic . Fja�� 1 D irecmr
w�h 11 o
shall mal�e a wriU.en recgi'ttnej incl . di a
I SL I i _ q[Itig, a eTjc revi y
g ui.
k1j)"fl Q the I CriteTia established in this till e and as rccwnrnei, 1:1)r a )rova " l.
. ............ .. . 0.- - - . ,
condj6onaf ot'the sLibdiyision. app . n
I Public Teslinjony,, AH �wjtten 1 comment recej%�ed cf n L�j�,Ljjj�ir
. . . .................. ............... . ..... - ----- E L _ �n
director's reviev, shall be incorjjiqratcd in(c) die %yCq i record of the j,,
........................... — -
Page 4 of 23
�:gpies, ofn�dtten comnients slaa��l be ilWhided in � made to is
. . ............ ..... . ........... . .............. . .
�jiy �g�un'nssjon by_thej,�Lla.Llping
.. ... . ...... .. ......................... . ... ........ ... . .
Citv Commission Review. The City Commission shall review and take action on all
proposed subdivisions.
The following requirements for a public hearing or a public meeting, and for
statutory review periods, shall be met:
a. First Minor Subdivision Created from a Tract of Record. The City
Commission shall consider the subdivision application and the Planning
Dire am S Ewai.d- recommendation during a regular public meeting 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 subdivision within thirty -five
working days of the determination that the application is adequate, unless
there is a written extension from the developer for a period not to exceed
one year. A minor subdivision must reviewed as a second or subsequent
minor subdivision 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 divided by exemption or other means into 6 or more
tracts of record since July 1, 1973
(1) Variance Requests for Minor Subdivisions. If the developer of a
minor subdivision is requesting a variance from any requirement of
this title, the procedures of §18.66,070, BMC must be followed
except that a public hearing shall not be held.
b. Subdivisions Eligible for Summary Review. The City Commission shall
consider the application and the Planning L)jredor"s
recommendation during a regular public meeting of the Commission. The
City Commission shall approve, conditionally approve or deny a proposed
subdivision that is eligible for summary review within thirty-five calendar
days of determination that the application is adequate, unless there is a
written extension from the developer. Minor subdivisions are eligible for
summary review if the plat has been approved by the Montana Department
of Environmental Quality whenever approval is required by §76-4-101 et
seq., MCA.
c. ' Second or Subsequent Minor Subdivision Created From a Tract of Record.
For the second or subsequent minor subdivision created from a tract of
record, the City Commission shall hold a public hearing on the subdivision
application. The City Commission shall approve, conditionally approve or
deny the subdivision application of a second or subsequent minor
subdivision within sixty working days of the determination that the
Page 5 of 23
application is adequate for review, unless there is a written extension from
the developer, not to exceed one year.
d. 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 the subdivision
application within sixty working days of the detennination that the
application is adequate for review if the subdivision has less than 50 lots,
and within 80 working days of the determination that the application is
adequate for review if the subdivision has 50 or more lots, unless there is a
written extension from the developer, not to exceed one year.
e. Public Testimony. All written public comment received at a public
meeting or public hearing prior to a decision to approval, approve with
conditions, or deny a subdivision application shall be incorporated into the
written record of the review. Minutes shall be taken of verbal coManents
received during the public hearing before the City Commission and shall
be incorporated into the written record of the review maintained by the
City.
f. New and Credible Information. The City Commission shall detennine
whether public comments or documents presented to the City Commission
at a public hearing regarding a subdivision application held pursuant to
§18.06.040.D, BMC constitute:
(1) Information or analysis of information that was presented at a
public hearing held pursuant to § 18.06.040.1, BMC that the public
has had a reasonable opportunity to examine and on which the
public has had a reasonable opportunity to comment; or
(2) New information regarding a subdivision application that has never
been submitted as evidence or considered by either the City
Commission, Planning Board or by city staff at a hearing during
which the subdivision application was considered.
(3) If the City Commission determines that the public comments or
documents constitute new information not previously considered at
a public hearing, the City Commission may:
(a) Approve, conditionally approve, or deny the proposed
subdivision without basing its decision on the new
information if the governing body determines that the new
information is either irrelevant or not credible; or
(b) Schedule or direct its agent or agency to schedule a
subsequent public hearing before the City Commission for
consideration of only the new information that may have an
impact on the findings and conclusions that the governing
body will rely upon in making its decision on the proposed
subdivision.
(c) In deciding whether the information is both new and
credible the City Commission shall consider:
Page 6 of 23
(1) Whether the topic of the information has previously
been examined or available for examination at a
public hearing on the subdivision application;
(2) Whether the information is verifiable, and if
applicable developed by a person with professional
competency in the subj1ect matter;
(3) Whether the information is relevant to a topic
within the .jurisdiction of the City.
(4) If a subsequent public hearing is held to consider new and credible
information, the 60 working day review period required in
§ I 8.06.040.D is suspended and the new hearing trust be noticed
and held within 45 days of the governing body's determination to
schedule a new hearing. After 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
governing body may not consider any information regarding the
subdivision application that is presented after the hearing when
making its decision to approve, conditionally approve, or deny the
proposed subdivision.
g. When the subdivision does not qualify, pursuant to §76- 4- 125(2), MCA,
for the certification established in § 18.06.050, BMC, the City shall at any
public hearing collect public comment given regarding the information
required § 18.78.050.1. BMC regarding sanitation. The City shall make
any comments submitted or a summary of the comments submitted
available to the subdivider within 30 days after conditional approval or
approval of the subdivision application.
(1) The subdivider shall, as part of the subdivider's application for
sanitation approval, forward the comments or the summary
provided by the governing body to the:
(a) Reviewing authority provided for in Title 76, chapter 4, for
subdivisions that will create one or more parcels containing;
less than 20 acres, and
(b) Local health department or board of health for proposed
subdivisions that will create one or more parcels containing
20 acres or more and less than 160 acres.
(2) Parcel Size.
(a) For a proposed subdivision that will create one or more
parcels containing less than 20 acres, the governing body
may require approval by the department of environmental
quality as a condition of approval of the final plat.
(b) For a proposed subdivision that will create one or more
parcels containing 20 acres or more, the governing body
may condition approval of the final plat upon the
subdivider demonstrating, pursuant to MCA 76 -3 -604, that
Page 7 of 23
there is an adequate water source and at least one area for a
septic system and a replacement drainfield for each lot.
2. Criteria for City Commission Action. The basis for the City Commission's
decision to approve, conditionally approve 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 title, the City's growth policy,
the Montana Subdivision and Platting Act and other adopted state and local
ordinances, including, but not limited to, applicable zoning requirements. The
City Commission may not deny approval of a subdivision based solely on the
subdivision's impacts on educational services. When deciding to approve.
conditionally approve or deny a subdivision application, the City Commission
shall.
a. Review the preliminary plat, together with required supplementary plans
and information, to determine if it meets the requirements of this title, the
development standards and policies of the City's growth policy, the
Montana Subdivision and Platting Act and other adopted state laws and
local ordinances, including but not limited to applicable zoning
requirements.
b. Consider written comments from appropriate public agencies, utilities or
other members of the public,
C. Consider the following:
(1) Relevant evidence relating to the public health, safety and welfare;
(2) Other regulations, code provisions or policies in effect in the area
of the proposed subdivision,
(3) The recommendation of the Planning Board, and
(4) Any relevant public testimony.
d. When the subdivision does not qualify, pursuant to §76-4-125(2). MCA,
for the certification established in § 18.06.050, BMC the City Commission
may conditionally approve or deny a proposed subdivision as a result of
the water and sanitation information provided pursuant to §18.78,050.1,
BMC, or public comment received pursuant to 76-3-604 on the
information provided pursuant to §18.78.050.1, BMC. A conditional
approval or denial shall be based on existing subdivision, zoning, or other
regulations that the City Commission has the authority to enforce.
Page 8 of 23
3. 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 enumerating the conditions that must be met to ensure
approval of the final plat. This written statement must include:
a. The reason for the denial or condition imposition;
b. The evidence that justifies the denial or condition imposition-, and
C. Information regarding the appeal process for the denial or condition
imposition.
4. Mitigation. The City Commission may require the developer to design the
subdivision to reasonably minimize potentially significant adverse impacts
identified through the review required by this title. The City Commission shall
issue written findings to justify the reasonable mitigation required by this title.
The City Commission 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 preclude approval of the
plat. When requiring mitigation under this subsection, the City Commission shall
consult with the developer and shall give due weight and consideration to the
expressed preference of the developer.
5. 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 discuss and weigh the following criteria, as applicable
(pursuant to §76-3-608, MCA):
a. Criteria.
(1). Compliance with the survey requirements of the Montana
Subdivision and Platting Act;
(2). Compliance with this title and the review process of these
regulations;
(3). The provision of easements to and within the subdivision for the
location and installation of any necessary utilities;
(4). The provision of legal and physical access to each parcel within
the subdivision and the notation of that access on the applicable
plat and any instrument transferring the parcel; and
(5). For major subdivisions, the findings of fact shall also address the
effect on agriculture, agricultural water user facilities, local
services, the natural environment, wildlife and wildlife habitat, and
public health and safety.
Page 9 of 23
b. Required Components. The written findings of fact shall contain at a
minimum:.
(1) Information regarding the appeal process for the denial or
imposition of Conditions,
(2) Identifies the regulations and statutes used in reaching the decision
to deny or impose conditions and explains how they apply to the
decision;
(3) Provides the facts and conclusions that the governing body relied
upon in making its decision to deny or impose conditions. The
documents, testimony, or other materials that form the basis of the
decision and support the conclusions of the governing body may be
incorporated into the written findings by reference.
h• I.gitiai__._. Application Approval Period Upon approving or
conditionally approving; a subdivision application, the City Commission shall
provide the developer with a dated and signed l rr tt;lrr g cr ies t rt,t arty( g.r et: t rterrir:- mrt
rrf �pr:�ml. This approval shall be in force for not more than one calendar year
for minor subdivisions, two years for single - phased major subdivisions and three
years for multi - phased major subdivisions after the date oft &��. lip dirl�s� 9 �a t , -ni
order. At the end of this period, the City Commission may, at the written request
of the developer, extend its approval tit¢ a 11111' idl, ar r u titl titr iit li Kiod of ( nte,
C'4'erid -af t t .. G-,�',cejm. 1111,
included
air -s °- °v . A 'rF-" , "°°�� �° -C- ° t�-$G. °k-� - Q:- �u - "ll .-t:0. "" -5� 1- " d. ^s-V- �'G-: °i l °C71 :.4 Aw' V. "1F7:- ".: 1ht-'.a-._cF i °° - "-�- ire "� °a'.•t-l�t''�sw =d„'"' `"� =;k`
�- evcdop 1"'(+VM4. d 6'r if
7 L tensions Of G r l: ap. inai'y Plrrt:.. �)prta�1 d Perjo(L ..A._ %rirtitjgjj tr...Ai �° ��.� ���:�r�tr
e;iatt„r��� on niti.st its... tt '�o rut.rtu° trial ci�r� r�i �ttatcl lr� �; gib div a rt° their~
.,...
_._
autlrori ' ,rd d,, qt, .in d gar r� it)
t onlir fission or• (hei�aufl .c..)r �i d � ggit, More
t.l�ta ini exti �Lsioix b tottLLCsted Vt?b� �r ��ifl)(Jivisi��i im;�r�17 r� rltHr:.�.l .
rir °r,i.19 be considered out it,. J1di�jirl tr.rel tw , . Art eXt�.rrsi.ori Of tIN, t; °rtC
rrlrltrMal urrider f.;h )ter �):.d 06, WC �es, riot e .... _other tt�j t.ir non-C'
ron (ityf
r "4:rw" rl M C cr 1 �T kl Y�� ➢t 5;� rC Ia'fi 11411 :tt,;At �. eti —sr��n tiece'ssary to
a;i.ttrilrit t
the ...J_tr r cet VttdluViCIL '41 (_'Me11SJQ i ni.a r be aiplt u°t.rve;d [ ay tl (�l taru�rtru�:
Dit_a,r_(r)i_ Mien tans extension is tear . rl p�c._t.:ii�d cri:.. Trot. tnore than �riwcu
ln;irartru; 1 more tiutrtt trrmm °viz ^ artsid.._lt... tiiru °tuwc� Irk t
after rtolice�cLL.kiv _lr~u� to that for a.�...f first minor ;�"u��i: divisirrtr /be fi evatlrtautir
em i n i est. tli��� � "it _s1uall coris der°
i .. ?atri e to Ihr rat.::�mr ir_d ...i. rtltttorts titairo the u utrdd,i:t rl watl�:i�tct�t id......fir�d.
a it
her the sutbdivisit ortGaurr il�rllro�tr�eu.C a r ssentu,ul�`:....._corri,ttn antt
...
r ith H r'revr te2rr lrttions:
Page 10 of 23
b. I rcigre""'s to cL.YIe ill [lie sgbdjvk4)Ti as a, whole and altl )L,
. . . .......... . .
- windei- ofthe si�e
J.n good cw�ditjqn',
i I I Ltd'] L 2:
I - 'I't nce of the ren I
C 11 of the s�O)divisioji, and the abHity_L(� �j stn g �
tfac dJefa 'd � 1L�
d' f t wndence by o t lie r_de vt I a) _p 11 y pl!bfic kffr asIn.ickire or ym e
....... .. . ... -.1-1 _ L - g? . . ... . . ................. . . P.
iniprovements to be instqjk- by the subdi'V[SWIE
- .. ...... ....... ... . ..... ... . ..
' Denam)sinated abilio, oTtht subdivider to cOMplete the stibdi�2ision,
L Whether nial tion 1 LlngLlq'1" Of tile sLibdivijoii identifled dur4q.; 1!'j
. . . . .. .. ....... ...... . ........... -
I findino's of I'act and order t'eniain relcvanl,
. . . ... ...... ...... . . . .......... ....
12 he pj,, mt circgiigstances of Ogg subcffidsion
aa,d connnuntv.
11 � 1 -11-1— . . ........ ................... i
..
R-7% Changes to Conditions After Approval. Upon written request of the developer, the
City Commission may amend conditions of subdivision application approval
where it can be found that errors or changes beyond the control of the developer
have rendered a condition unnecessary, impossible or illegal. Changes to
conditions that are not unnecessary, impossible or illegal shall be Subject to the
provisions of § 18 .02.070, BMC.
a. The written request shall be submitted to the Planning Department.
b. The written consent of all purchasers of land (via contract for deed, etc.)
shall be included with the written request to amend conditions.
C. If it is an application for a major subdivision, the City Commission shall
conduct a public hearing on the request. If it is an application for a minor
subdivision, the City Commission shall consider the request at a regularly
scheduled meeting.
(1) If a public hearing is held, public notice of the hearing shall be
given in accordance with this title.
d. The City Commission may approve the requested change if it meets the
criteria set forth in this title.
e. The City Commission shall issue written findings of fact as required in
this title.
Section 2
Section 18.08.010 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Page I I of 23
18.08.010 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.
S
bs r.,u au . ,u lic.f"ii to S ll a:.a-utcau gs ura les, aVaarra the`..r ratiuet of dte dev I r �uzar rut amuu a�
y
nec essitate a r a v is pia udgr° pgr(° 5 and 6 offfie Mo��Y S ubdi isiun r� del �9�quy ��a
lO a r,i „,s,a.i.a,.; Subdivisions complying with § §18.10.010. H and 18.10.010.I, BMC, are not
subject to this chapter Land subdivision cre ate b tea t. mar lease fug rua.ut �au(a "� a a_i�f this
chapig u u tluu�, haul an a Subdivisio and 1 l�ia�u
t ._. They, ar d a a ::.a:`.lo.l��...� 1 :...rar� :aa`a;a r�u�a:....�a l�u��� ha n s u1:Ai iu�e d q � cut i iE nip e x-%J a
ljgqua? 5..._�ari�ap.....6 o t h e ont �ana_M ��� Plattis��.�., ��a....�� ��f 4 m��l.a...iu a ra . rys
11ar� tl�oCLU1) 11tC # bV ca_CC ut.�..:9uCMC of UFVey rws�coa cf d ate uiiy ....1.. 197-3" and
l uac v r ec] aa.....`u.i.fW. lua: a,auualut aauu Use .... a lr a suuted U
a s a u m lapl rruru�ntt as d scrii aed .... and, gUi h01 z( -,, � u. nder° tit flll� �_sn
lle a m a "'i tit alua era:.a: uaatl,. t,ni r rtg a�mru�ions......and. otlaa...r f and dev lre� aira��
rAt andara.1s.ado pted by Ilue j
B- l: Rfld ed... fbf 21 , arl aali i r r.. TMreakN , - (.:w ol.A i ea- sim... ala it lr as l s:.....l : ld :nt -iral.
° �r" �„ ur: dmu. rtaarl-- auiarFU° laaraa-- a�4-�nslu~au�,r.un.ation-
ll ”. 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 below, the City
f aaarsarluauiaa shall not grant final approval until the developer obtains a license for the
facility from the Montana Department of Public Health and Human Services (DPI -IHS)
under Title 50, Chapter 52, MCA.
1. "Campground" means a parcel of land available 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., and that are located within the boundaries of the
City of Bozeman.
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, "housing" includes but is not limited to camping
Page 12 of 23
spaces; trailer parking spaces manufactured, mobile. modular or permanent
barracks or structures, and any appurtenant water supply and distribution system,
sewage collection and disposal system, solid waste collection and disposal
system, or food service and dining facilities. Housing does not include shelter
provided 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 appurtenant water supply and distribution system, sewage collection and
disposal system, solid waste collection and disposal system, or food service and
dining facilities.
I
t Surveying and Filing Requirements Exemption. Land subdivisions created by rent or
lease are exempt from the surveying and filing requirements of the Montana Subdivision
and Platting Act.
Section 3
Section 18. 10,0 10 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
18.10.010 DIVISIONS OF LAND ENTIRELY EXEMPT FROM THE REQUIREMENTS
OF THIS TITLE PERTAININGTO SUBDIVISJQINdS AND THE MONTANA
SUBDIVISION AND PLATTING ACT
Unless the method of disposition is adopted for the purpose of evading this title or the Montana
Subdivision and Platting Act (the "Act"), the requirements of this title pertaining to subdivisions
and the Act may not apply when:
A. A division 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 (§76-
3- 201(])(a), MCA);
I 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.
B. A division of land is created to provide security for mortgages, liens or trust indentures
for the purpose of construction, improvements to the land being divided, or refinancing
purposes (§76-3-201(l)(b), MCA), This exemption applies;
1. To a division of land of any size;
2. If the land that is divided is not conveyed to any entity other than the financial or
lending institution to which 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 divided land, by the owner of the property at the time that the land was
divided, to any party other than those identified in this subsection subjects the
Page 13 of 23
division of land to the requirements of the Montana Subdivision and Platting Act
and Chapter 18.06, BMC.
3. To a parcel that is created to provide security, however the remainder of the tract
of land is subject to the provisions of' the Montana Subdivision and Platting Act
and Chapter 18.06, BMC if applicable.
C. A division of land creates an interest in oil, gas, minerals or water that is severed from the
surface ownership of real property (§76- )-201 (1)(c), MCA);
D. A division of land creates cemetery lots (§76-3-201(1)(d), MCA);
E. A division of land is created by the reservation of a life estate ( §76- 3- 201 (1)(e), MCA);
F. A division of land is created by lease or rental for farming and agricultural purposes
(�76-3-201(1)(f), MCA).
G. 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, commercial or industrial use is subject to the requirements
of the Montana Subdivision and Platting Act and Chapter 18.06, BMC (§76-3-201(1)(h),
MCA);
1-1. The land upon which an improvement is situated has been subdivided in compliance with
this title and the Act, the sale, rent, lease or other conveyance of one or more parts of a
building, structure or other improvement situated on one or more parcels of land is not a
division of land (§76- )-202, MCA);
I. The sale, rent, lease or other conveyance of one or more parts of one or plore a building.,
structure or other improvements, whether existing or proposed, is not a division of land
when ,t transferabte pgrq LL�rjarid with an indiViCkUll ICggl die scri, pi _)n 'is not Created. The
..............
sale, reni, Gear e or wher con ofwie p Yno 'bluildiit,2��,..�� or other
sal ..... . ..... .
im WhIether e ti�iii i or ninu_.��rcls and
pbooriit (§76-3-204, MCA);
J. A division 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,
maintenance, and storage of aircraft, or air carrier-related activities (§76-3-205(1),
MCA);
K. 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, 1 974 ( §76-
3- 205(2), MCA); and
L. Deeds, contracts, leases or other conveyances that were executed prior to July 1, 1974
(§76-3-206, MCA).
Section 4
Section 18.10.020 of the Bozeman Municipal Code be amended so that such section shall read as
1`011ows:
Page 14 of 23
18.10.020 SPECIFIC DIVISIONS OF LAND EXEMPT FROM REVIEW BUT SUBJECT
TO SURVEY REQUIREMENTS AND ZONING REGULATIONS FOR
DIVISIONS OF LAND NOT AMOUNTING TO SUBDIVISIONS
Unless the method of disposition is adopted for the purpose of evading this title or the Act, the
following divisions or aggregations of land are not subdivisions under this title and the Act, but
are subject to the surveying requirements of §76-3-401, MCA for lands other than subdivisions
and are subject to applicable zoning regulations adopted under Title 76, Chapter 2, MCA. A
division 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 §76-3-207 (1), MCA.
A. Divisions made outside of platted subdivisions for the purpose of relocating common
boundary lines between adjoining properties (§76-3-207(a), MCA);
B. Divisions made outside of platted subdivisions for the purpose of a single gift or sale in
each county to each member of the landowner's immediate family (§76-3-207(b). MCA):
C. Divisions made outside of platted subdivisions by gift, sale or a agreement to buy and sell
in which the parties to the transaction enter a covenant running with the land and
revocable only by mutual consent of the City of Bozeman and the property owner that the
divided land will be used exclusively for agricultural purposes (§76-3-207(c), MCA);
D. For within a platted subdivision, the relocation of common boundaries
whert. 11 retocalion does not Css
ro.j,'�J[Lli�_qK 1,��Jvt
ae treet r lit aj i tern I a
-- -------- . ...... ate ".. street:
iLd-L-(A —Wa 1 1- -.—
boundar, of 1he su�bcfi vision ($76-3-207(4), MCA).' ( rag l6
o 'S
n, 0w 1111'mtbe�r of lots to be r, rram and de i ation of tvvieNv aufl shall nog ap�Lfl
fl l ots -- - ------- - -- ........... e rt ........... . ......... . ......... . .............. -
and
E. Divisions made for the purpose of relocating a common boundary line between a single
lot within a platted subdivision and adjoining land outside a platted subdivision. A
restriction or requirement on the original platted lot or original unplatted parcel continues
to apply to those areas (§76-3-207(e), MCA).
F. 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 boundaries 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 (§76-3-207(1 ),
MCA). The restticlion of'76-3 -17 t
2, N."A on the n urnber otJots, o be re � grrqn ed and
-(1 )
1. 11-11-- /1(
- . . . .. .. . ..........
de natiort of'ren atflhofit shall no in such instances,
... . .......... .... . . . . . .... .....
Section 5
Section 18.10.030 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
18.10.030 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
Chapter 18.06, BMC and the Montana Subdivision and Platting Act, but must be submitted for
Page 1 5 of 23
review and approved by the City t:- before portions thereof may be rented or leased
unl a::a'erri )ted bV C"fia[ tL,L,9 Q) BM-C.
Section 6
Section 18.10.070.E of the Bozeman Municipal Code be amended so that such section shall read
as follows:
E. For fivv-or It Aver -lots within a platted subdivision, relocation of common boundaries and
the aggregation of lots ( §76- 3- 207(d), MCA)..
1. The proper use of the exemption for aggregation of lots and/or relocation of
common boundaries is the rearrangement and/or aggregation of - a�� lots
within a platted subdivision which does not increase the total number of lots
within the subdivision. The plat shall contain the title "amended plat;' and must
be filed with the County Clerk and Recorder.
2. The amended plat showing the aggregation of lots and/or relocation of common
boundary within a platted subdivision must be accompanied by:
a. An original deed exchanging recorded 'interest from every person having a
recorded interest in adjoining properties for the entire newly- described
parcel(s) that is acquiring additional Hand,
b. Documentation showing the need or reason for the relocation (for
example: structure encroachment, surveyor error, or enhancement of the
configuration of the property), and
C. The amended plat must bear the signatures of all landowners whose
parcels are changed by the relocation or aggregation. 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).
3. The City makes a rebuttable presumption that a proposed aggregation of lots
and /or relocation of common boundaries within a platted subdivision is adopted
for the purpose of evading the Act if' it determines that the ra.��� canon Grosse s the
1OGnci: ° ° tai. a l ) tr &tV 'o < < la ftrwel :its �bA;w�wp� ��.._tl�e � °�t�wuz���l i�a �u�t�I ii�t �ai..tl)
subdivision,
4. Any division of lots which results in an increase in the number of lots wlif
�.- must be reviewed as a subdivision and
approved by the City of Bozeman prior to the filing of the final plat.
Section 7
Section 18.40.120 of the Bozeman Municipal Code be amended so that such section shall read as
follows:.
Page 16 of 23
18.40.120 MANUFACTURED HOME COMMUNITIES
Manufactured home communities are included in the state classification of land subdivisions by
rent or lease. Therefore, applicants for such developments shall apply for and be reviewed under
both site plan and subdivision procedures unk'ss e,"'.,eM Secijon 18,0&0] 0. Th(,,e When
b tvvig�,N 12u °occsws, are _ I irh will be reviewed concurrently when appropriate. All
_ equ ..... . .....
ed1ey
standards of this title are applicable unless explicitly waived.
A. State of Montana Requirements. All manufactured home communities developed under
this section shall comply with Montana State Department Of Public Health and Human
Services, Department of Environmental Quality and any other applicable state
regulations. Prior to final approval 1 a manufactured home community, copies of
approval letters from relevant state agencies shall be submitted or compliance with all
applicable regulations shall be certified by a professional civil engineer licensed by the
State of Montana.
B. Lot Improvements. The location of boundaries of each manufactured home lot for rent or
lease shall be clearly and permanently marked on the ground with flush stakes, markers
or other suitable means. The location marked must be closely approximate to those
depicted on the approved plans.
I Utility Hookup. Every manufactured home shall be permanently connected to
electric power, water supply, sewage disposal, gas and telephone service lines in
compliance with applicable City codes, and all utility distribution and service
lines shall be installed underground.
2. Permanent Foundations and Anchoring. All manufactured homes shall be required
to be tied or otherwise physically anchored to an approved permanent concrete
foundation. Building permits for foundations and anchoring, issued through the
City Building Department in accordance with the adopted International Building
Code, are required. The method of anchoring and foundations shall be specified as
part of the required preliminary development review.
3. Maintenance.
a. There shall be no exposed outdoor storage of furniture (except lawn
furniture), household goods, tools, equipment, or building materials or
supplies,
b. No manufactured home may be parked on a public or private street for
more than twenty-four hours,
C. An abandoned, burned or wrecked manufactured home must be secured
against entry as directed by the Fire Marshall and may not be kept on a lot
for more than forty-five days.
d. Each manufactured home must bear an insignia which attests that the
construction of the manufactured home meets regulation A 119.1 of the
American National Standards Institute (adopted by the U.S. Department of
Housing and Urban Development), or be certified as meeting the Mobile
Home Construction and Safety Standards of the U.S. Department of
Housing and Urban Development.
Page 17 of 23
e. Within twenty -one days of placement, standard manufactured home
skirting of fire- resistive material similar in character to that of the
manufactured home must be provided around the entire perimeter 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 itself is attached directly to the permanent
foundation.
f. All required front yards of lots for rent or lease for manufactured homes
shall be fully landscaped.
g. All private, commonly owned recreation areas not devoted to buildings,
structures, surfaced courts, sand boxes, etc. shall be landscaped and
irrigated.
4. 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.
C. Permits and Inspections.
1. Owner's and Agent's Responsibility It shall be the responsibility of the
individual 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.
2. Move In Permit Re wired All manufactured homes moved into the City must be
issued a move -in pennit, pursuant to this section, and be inspected 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
informational purposes.
3. City Inspection Required
a. The required inspections for manufactured homes shall include: onsite
utilities requirements including gas, electric, sewer and water; setback
requirements; and off - street parking requirements. Fees for these have
been established by the City Commission by resolution.
b. It is unlawful for any person, firm, corporation or agency to turn on, or
allow to be turned on, any gas or electric service without an inspection and
clearance from the City Building Official.
4. Non - Manufactured Ho me_ Improvements Subiect to the International BuildinL
Code Permits must be obtained for additions, alterations, canopies, carports,
storage areas and detached refrigeration units that were not included in the
original sale of the manufactured home unit, fees for which are set by the
International Building Code and Uniform Mechanical Code.
O. Plans The preliminary and final plans shall accurately depict:
I . All proposed and required landscaping;
Page 18 of 23
2. I.,ocations of storage areas for recreational vehicles and other chattels of the
residents,
�. A layout of typical lots for rent or lease showing the location and dimensions of
the lot, manufactured home stand, driveway and parking spaces:
4. Mail delivery area; and
5. Foundation and anchoring details.
E. A permanent enclosure for temporary storage of garbage, refuse and other waste material
shall be provided for every manufactured 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 tide.
F. Landscaping may be required by the City Commission to provide a buffer between
manufactured home communities and adjacent 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 factors such as the nature of adjacent uses, noise
and proximity to busy streets.
G. Recreation Areas At a minimum, the amount of land required to be dedicated under
§ 18.50.020, BMC, 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
that public access is necessary to ensure public access through the private
recreational area from adjoining properties to nearby or adjacent public parks..
H. Accessory Building Accessory buildings for individual dwellings are subject to
§18.38.050, BMC.
Section 8
Section 18.40.170 of the Bozeman Municipal Code be aunended so that such section shall read as
follows:
1.8.40.170 RECREATIONAL VEHICLE PARK AND OVERNIGHT CAMPGROUND
Recreational vehicle parks and overnight campgrounds are included in the state classification of
land subdivisions by rent or lease. Therefore, applicants for such developments shall apply for
and be reviewed under both site plan and subdivision procedures gnIessi e xe m .)� Ism M R gut
A. Recreational vehicle parks shall be screened from view of any adjacent residential
development.
B. Internal circulation roads shall be paved with a concrete or asphaltic concrete surface.
C. Individual recreational vehicle parking pads shall be plainly marked and maintained with
a dust free surface.
D. 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.
Page 19 of 23
E. Approved trash disposal, bathroom and laundry facilities, including facilities for the
handicapped, shall be provided for use of overnight campers.
F. Recreational vehicles spaces shall be separated by no less than 15 feet and shall be no
less than 1,500 square feet in area.
G. Land proposed for use for a recreational vehicle park must have a R-S, Residential
Suburban District or a RMH, Residential Manufactured Home Community District
zoning designation. Recreational vehicle parks are a principal use in the RMH district
and a conditional use in the R-S district,
Section 9
Section 18.74.030.8.2 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
2. Sidewalks. City standard sidewalks (including a concrete sidewalk section
through all private drive approaches) shall be constructed on all public and private
street frontages prior to occupancy of any structure 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 of Bozeman guaranteeing the
completion of all sidewalks within the subdivision within a three-year period or as "
described nri s ubsecijon The developer shall supply the City of
Bozeman with an acceptable method of security equal to 150 percent of these
remaining sidewalk improvements.
a. The subdivider 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. Sidewalks in these areas shall be installed prior
to final plat approval, or shall be subject to an approved improvements
agreement and financially guaranteed.
b. Fxce
1.-1-1.11-421, a �
. . . .......... :. ._ A, , -u pon the third anniversary
of the plat recordation of any phase of the subdivision, any lot owner who
has not constructed said the __n LLLL Lit, sidewalk shall, without further
notice, construct within 30 days, sidewalk for their lot(s),
regardless of whether other improvements have been made upon the lot.
C. Ot'i an) I'ace c 1�[ock between. any Ly� intersect], w ss
�- ere ic
.......... ..... ......... . .... ... . ............. ... . ......... .. . ..... _t �i r
. . . . . .. . .......
than 50" of' P ots have been iSSLI-L"d a build' I. L alld when
. . . . ....... .. . .......... . -------- . . .....
construction of a sideyyalk is no( tO p�q�yide
. . . ....... ..... ......... .......... _ ------
p zdg, c' to flhe desnhiafions described iri 4, e 1.
............. . .. .... b ... .. ....... o
&LII—linu Dircc to �. nEn'- lo W tfi[e 101.0WI_I,q,r,u al) qd�jjtional Nvo Z
. . . .......
pgJod to consft uct the sideNyalk, Me aCkliLiona-I fiRic! is III , ct to � ther ar
...... ......... - . . .. ........
extension ('11
rovemenis apreenient kvith the subdiv"ider
flw enter L
huo of'a neiv Jmpj agreeiri 'i
, _rcnt NYJWJ_Ih��ig
rnay authoriz e Subsequent extetisiOIIS I Ul LU) to tw("w-
. . . . ... . . . . .......... ..................
y��ar,,Jncrernents. The j', !Jru of an exlens�on does not afl,ow, sidewalk
_ _g __.IiI 2L.E. . :�. ._I__ __
installation to be delaved bevond o u Of ,IIIV S11-LICAe on an
��K_LYII _ICV -1--11-1- ur _ ................. __
Page 20 of 23
ir)diyidual I � JI)c p�-
01 . a,jyisiori cTi fitmocial -garagtee hi � accej�
. . ....... .. . ... ..... ........... ................
to the sliall aot be �vaivedl
The lbHo'%ytilo i a P arid/or te:q d6rnl shall be - qvided for
� q
,11_1eqqL-sts Io exte��id lhe,JIDC. r, L(— d
. ... ... . . . ...........
1, T4e tolzil iw.tnber of j [ in, the st.k(fivisjon.
..... . . ....... . . .. .... ...... . ........ .. . ... . ...... -------
2, 1-)I�rcerq of subdivision lots that have been sold apd aIV i o k
. . ....... ....
laider subdivider".5
. . .... ........
3, jgr� of subdivision JoUi tba,t have been sold and are sti[I vacam,
. . . .. ................. ..... . ------ . . . ...... .. ---------
4 ()fq-d,j.()ij� - J.! Lu I b L�
Liej fljbotho�2d omiercial ri(,Aes� c on ce m ere ail .... d
_&_ -g� n
...... . ... . .......... ..... of . ............
corridors vki(I ot, he �ijbdjvision.
. . . .......................
5. Describe ixhatj)u,jbhc sidewalks and/or pt.Nic trails within the ititerior
of' the sr.ibdivis43111 are 1?�g --ed to be corrip I ta wil rove
id
ed 0" t V ll 1 11 .)
. . ........ -- [)-Q� - -- --- --L-LAL -,-- ----
efl'ectkle coryiectivjty within the i�itejor of'the sUbdivision, as, as
........ . .. . ..... .............. - - ------ ---- -
�LCIJt1111i] SUbdixjs (M-S.,
comuiiercial nodes., centers arid ublic trai sys
l tems,
..... .... . ...... - � Lr Larr a j) ---- - - I-- ........... . -
6. Describe the emended drne j2eLriod I�ehlqg pbg
--- . ............ - ...........
INq4vd sulAivision sideNvafl<s,
. . ..............
� Y a] Jeast one cc) l
7, P rovide .. a c of' the fin, ored exhibit
I-- ...... ................. - ..... ..... - -!, - —
illusr
taflng js gn li,)6rig, se `1101 WIJI thC fILHIIl Of
. ......... .............. .... �!� k , id
- - - - ------- red. -
kits sold, those dqveloppj . tNitti residerifiial stn�ctures, k �ots. s
thoe
. ...... . . .......... . .. . ...... . ....... -.-
lors/lareas whcre sidewatks have beei copstrLICU'd. , ,md reaiia,uairw lots
. ........._ .
s6tf uiide a )ficant's ownershl
E - - --- .............. . .............. —.11
Section 10
Repealer
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this
ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the
City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 11
Savings Provision
This ordinance does not affect the rights and duties that matured, penalties that were incurred or
proceedings that were begun before the effective date of this ordinance. All other provision of
the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and
effect.
Section 12
Severability
Page 21 of 23
That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity
of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be
invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal
Code as a whole.
Section 13
Codification
The provisions of Section 1 - 9 shall be codified as appropriate in Title 18, Unified Development
Ordinance, of the Bozeman Municipal Code. All references within the Bozeman Municipal Code
shall be revised to reflect the changes in this ordinance.
Section 14
Effective Date
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana,
on first reading at a regular session held on the 27` day of rune, 2011.
ATT S x
v .
p ♦ k
y eo.
or
APPROVED AS TO FORM.
J 7+
G SUL " IVAN
City Attorney
Page 22 of 23
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City
of Bozeman, Montana on second reading at a regular session thereof held on the I I "' day of
Judy 2011. The effective date of this ordinance is August 10, 2011. .
B O
MC
Ca ,le�� b
J F . K 7S
T a a r
APPROVED AS TO FORM:
Y
G _ ULLI AN
City Attorney
Page 23 of 23