HomeMy WebLinkAboutOrdinance 11- 1809 amending Bozeman Municipal Code, Ch. 18.34, Site Plan Review, and Section 18.64.010ORDINANCE NO. 1809
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE
AMENDED BY REVISING CHAPTER 18.34, SITE PLAN REVIEW, AND
AMENDING SECTION 18.64.010, REVIEW AUTHORITY TO AUTHORIZE THE
PLANNING DIRECTOR TO APPROVE MASTER SITE PLANS.
WHEREAS, the City of Bozeman has adopted a Unified Development Ordinance
which establishes standards and procedures for development under the City's authority to zone
established in Title 76, Chapter 2, Part '), ), MCA.; and
WHEREAS, the proposed Unified Development Ordinance text amendment
application has been properly submitted, and reviewed, and all necessary public notice was given
for all public hearings and
WHEREAS, the Bozeman Zoning Commission 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 members of the public offered comment on the proposed ordinance;
and
Page 1 of 20
WHEREAS, as shown in Zoning Commission Resolution Z-11021, the Bozeman
Zoning Commission recommended to the Bozeman City Commission that the proposed Unified
Development Ordinance text amendments be approved-, and
WHEREAS, after proper notice, the City Commission held a public hearing on June
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 Unified
Development Ordinance text amendment criteria established by Section 76-2-304, M.C.A., and
found the proposed Unified Development Ordinance text amendment to be in compliance with
the purposes of the title as locally adopted in Section 18.02.040, BMC, and that the amendments
would yield a superior outcome for the con than the text as presently exists, 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 be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana, that:
Section I
That Chapter 18.34, Site Plan Review, of the Bozeman Municipal Code be deleted in its entirety
and be wholly replaced with a new a new chapter to read as follows.
CHAPTER 18.34
PLAN REVIEW
18.34.010 INTRODUCTION
A. All non-subdivision development proposals within the City will be subject to plan review
and approval except repair, maintenance, grading below the minimum defined limits of
Page 2 of 20
this title, and interior remodeling, or other items specifically exempted in this title.
Depending on the complexity of development and status of proposed use in the
applicable zoning district, either sketch plans, site plans, master site plans, or conditional
use permits (referred to herein as a `plan') will be required as specified in this chapter.
Although work may be exempt troln zoning review it may require review for other
permits before construction may begin.
B. Special development proposals (e.g., PUDs, CUPS, variances, etc.) require other
information to be submitted in conjunction with plans and are subject to requirements
specific to the type of proposal. These additional submittal requirements and review
procedures are outlined in §18.34.030, BMC.
C. When a development is proposed within a neighborhood conservation or entryway
corridor overlay district, or proposes signs which do not specifically conform to the
requirements of this title, design review is required in conjunction with plan review per
the authority in Section 18.62.010. In such cases, additional submittal requirements and
review procedures apply as outlined in § 1838.090, BMC.
D. Conditional Uses. Certain uses, while generally not suitable in a particular zoning district,
may, under certain circumstances, be acceptable. When such circumstances can be
demonstrated by the applicant to exist, a conditional use pen may be granted by the
review authority. Conditions may be applied to the issuance of the pennit and periodic
review may be required. No conditional use permit shall be granted for a use which is not
specifically designated as a conditional use in this title.
E. Approval shall be granted for a particular use and not for a particular person or firm.
F. This chapter is provided to meet the purposes of §18.02.040, BMC and all other relevant
portions of this title.
G. Applications subject to this chapter shall be reviewed under the authority established by
Chapter 18.64, BMC.
18.34,020 CLASSIFICATION OF PLANS
A. All developments, as defined in Chapter 1.8.80, within the City shall be subject to plan
review procedures and criteria of this title and the applicable submittal requirements of
Chapter 18.78, BMC. For the purposes of this title, plans will be classified as either a site
plan or a master site plan.
1. Exception. Those developments specified in Sections 18.34.070, BMC and other
development proposals when so specifically identified require only sketch plan
review.
B. A master site plan is a generalized development plan that establishes building envelopes
and overall entitlements for complex, large -scale projects that will require multiple years
to reach completion. Use of a master site plan is not required unless necessary to address
phasing of a proposed development (see Section 18.34.090.13.3) or if .required as part of
the residential emphasis mixed use district. A master site plan involves one or more of
the following;
1. One hundred or more dwelling units in a multiple household structure or
structures;
Page 3 of 20
2. Fifty thousand or more square feet of office space, retail commercial space,
service commercial space or industrial space;
3. Multiple buildings located on multiple contiguous lots and /or contiguous City
blocks,
4. Multiple owners;
5. Development phasing projected to extend beyond two years; or
6. Parking for more than two - hundred vehicles.
C. Any planned unit development shall be reviewed according to the regulations in Chapter
18.36, BMC, in addition to this chapter.
D. Tel ecornmunication facilities shall be reviewed according to the regulations in Chapter
18.54, BMC, in addition to this chapter.
E, Uses identified in Chapter 18.40, BMC shall be reviewed according to the standards and
regulations contained in Chapter 18.40, BMC, in addition to this chapter.
18.34.030 SPECIAL DEVELOPMENT PROPOSALS - ADDITIONAL APPLICATION
REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA
A. Application Requirements Applications for special development proposals (e.g. PUD,
CUP, flood plain development permits, variances, etc.) shall include:
I . The required information for plans described in § 18.78,080, BMC;
2. Any additional application information required for specific reviews as listed in
the following chapters of this title:
a. § 18.3 6, Planned Unit Development;
b. § 18.40, Standards for Specific Uses;
C. § 18.54, Telecommunications;
d. § 18.58, Bozeman Floodplain Regulations, and
e. § 18.66. Appeals, Deviations and Variance Procedures;
B. Review Procedures and Review Criteria Additional review procedures and review
criteria for specific development proposals are defined in the following chapters of this
title:
1. §18.34.080, Certificate of Appropriateness;
2. §18.34.110, Conditional Use;
3. §1836, Planned Unit Development;
4. § 18.40, Standards for Specific Uses;
5. § 18.54, Telecommunications;
6. §18.58, Bozeman Floodplain Regulations; and
7. § 18.66, Appeals, Deviations and Variance Procedures.
18.34.040 REVIEW AUTHORITY
A. The review authorities are established in Section 18.64.010, BMC and as may be
specified elsewhere in this title.
Page 4 of 20
B. The Development Review Committee, Design Review Board, Administrative Design
Review Staff, and Wetlands Review Board have the advisory authority established in
Chapter 1.8.62, BMC.
C. Plan Design Review Thresholds. When a development is subject to design review and
meets one or more of the following thresholds the Design Review Board shall have
responsibility for conducting the design review.
1. Twenty or more dwelling units in a multiple household structure or structures,
2. Thirty thousand or more square feet of office space, retail commercial space,
service comi space or industrial space;
3. Twenty thousand or more square feet of exterior storage of materials or goods; or
4. Parking for more than ninety vehicles.
18.34.050 APPLICATION OF PLAN REVIEW PROCEDURES
A. These procedures shall apply to all developments within the City unless explicitly
exempted in this title.
B. The preliminary plan shall be submitted and approved, and final plan approval received,
prior to the issuance of any building permit.
C. No occupancy permits shall be issued for any development for which plan review is
required until certification has been provided under Section 18.74.030 demonstrating that
all terms and conditions of plan approval have been complied with.
D. Unless a deviation or variance is explicitly sought and granted in association with a plan,
all standards of this title apply whether explicitly mentioned in the record of the review or
not. An omission or oversight of a nonconformity with the standards of this title in the
site plan shall not constitute approval of such nonconformance. Any nonconformance
which was not the subject of an explicitly approved deviation or variance may be
required to be cured at such time the City becomes aware of the nonconforming
condition's existence.
E. In the event that the volume of site development applications submitted for review
exceeds the ability of the City to process them simultaneously, preference in order of
scheduling will be given to those projects which provide the most affordable housing in
excess of minimum requirements, as measured by the total number of affordable units.
F. When a development subject to this chapter is located within an overlay district
established by Chapters 18.28 or 18.30 a certificate of appropriateness is required in
addition to other required review procedures.
G. Public notice of development proposals and approvals subject to this chapter shall be
provided as required by Chapter 18.76, BMC,
1 -1. Improvements depicted on an approved plan shall be installed subject to the requirements
of Chapter 18.74, BMC.
18.34.060 SPECIAL TEMPORARY USE PERMIT
A. Generally Uses permitted subject to a special temporary use permit are those temporary
uses which are required for the proper function of the community or are temporarily
required in the process of establishing a permitted use, constructing a public facility or
Page 5 of 20
providing for response to an emergency. Such uses shall be so conducted that they will
not be detrimental in any way to the surrounding properties or to the community. Uses
permitted subject to a special temporary use permit may include:
I . Carnivals, circuses, special events of not over seventy -two consecutive hours,
2. Tent revival meetings;
3. Swap meets; or
4. Such other uses as the Planning. Director may deem to be within the intent and
purpose of this section.
B. Application and Filing Fee Application for a special temporary use permit may be made
by a property owner or his authorized agent. A copy of the fees are available at the
Planning Department. Such application shall be filed with the Planning Director who
shall charge and collect a filing fee for each such application, as provided in Chapter
18.64, BMC, The Planning Director may also require any information deemed necessary
to support the approval of a special temporary use permit, including site plans per this
chapter.
C. Decision Approval or conditional approval shall be given only when in the judgment of
the review authority such approval is within the intent and purposes of this chapter.
D. Conditions In approving such a permit, the approval shall be made subject to a time
limit, not to exceed one year per approval, and other conditions deemed necessary to
assure that there will be no adverse effect upon adjacent properties. Such conditions may
include, but are not limited to, the following:
1. Regulation of parking,
2. Regulation of hours,
3. Regulation of noise;
4. Regulation of lights;
5. Requirement of financial security or other guarantees for cleanup or removal of
structure or equipment; and/or
6. Such other conditions deemed necessary to carry out the intent and purpose of this
section.
18.34.070 SKETCH PLAN REVIEW
A. Sketch Plan Submittal Requirements
1. Certain independent development proposals (i.e., not in conjunction with other
development) are required to submit only sketch plans which include the
information specified in § 18.78.110, BMC.
2. Separate construction plans are necessary for building permits when the proposal
requires such permits. Additional information is also necessary when the proposal
requires the issuance of a certificate of appropriateness (see §1834.080 and
§ 1.8.78.090, BMC).
3. Examples of independent projects which qualify for sketch plan review are:.
individual single- household including manufactured homes on individual lots,
two - household, three - household, and four- household residential units. each on
Page 6 ol� 20
individual lots and independent of other site development, accessory dwelling
units in the R-2, R-3 and R-4 districts; I"ences signs in compliance with the
requirements of this title; regulated activities in areas with regulated wetlands not
in conjunction with a land development proposal, grading of sites disturbing more
than one-eighth but less than one-half acre, or movement of more than 30 but less
than 100 cubic yards of material, or cut or fill of less than one cumulative foot,
whichever is less; special temporary uses; reuse, change in use, or further
development of sites per Section 18.34,150, and accessory structures associated
with these uses. Other similar projects may be determined by the Planning
Director to require only sketch plan review. The Planning Director may determine
submittal requirements in addition to those in Section 19.78,110, Projects which
do not require sketch plan review may still require review and permitting for non-
zoning issues.
B. Sketch Plan Review Procedures.
I No Certificate of Appropriateness Required. Sketch plans for projects which do
not require a certificate of appropriateness shall be submitted to the Planning
Director for a determination of compliance with the requirements of this title.
Once compliance is achieved, the application will be approved for construction or
referred to the appropriate permitting authorities. In determining whether
compliance is achieved the Planning Director shall consider the individual
circumstances of the site when the development is subject to Section 18.34.150.
2. Certificate of Appropriateness Required. Sketch plans, including the material
required by §18.78.090, BMC, and such additional information as may be
required for projects which require a certificate of appropriateness as per
§18.34.080, BMC shall be submitted to the Planning Director, who shall review
the proposal for compliance with this title. including compliance with the
applicable overlay district requirements. Once compliance is achieved, the
application will be approved for construction or referred to the appropriate
permitting authorities.
C. Sketch Plan Review Criteria. Sketch plans shall be reviewed for compliance with all
applicable requirements of this title including overlay district requirements and the
cessation of any current violations of this title, exclusive of any legal nonconforming
conditions. Plan changes may be required.
18.34.080 CERTIFICATES OF APPROPRIATENESS - ADDITIONAL REVIEW
PROCEDURES AND REVIEW CRITERIA
A. Sign Proposals Which Do Not Specifically Conform to the Requirements of This Title.
Independent sign proposals (i.e., not in conjunction with other development) which do
not specifically conform to the requirements of this title, are required to submit full site
plans. Additional site design information, in sufficient detail to demonstrate compliance
with the Design Objective Plan, encompassing the property's location shall be provided,
B. Review Procedures and Criteria for Certificates of Appropriateness.
1. Certificates of appropriateness shall be issued according to procedures and criteria
specified in Chapters 18.28, 18.30, 18.36 and 18.62, BMC in addition to this
chapter.
Page 7 of 20
2. Sign proposals which specifically conform to the requirements of this title shall be
reviewed according to procedures and criteria outlined in Chapter 18.52, BMC.
18.34.090 PLAN REVIEW PROCEDURES
A. Acceptability and Adequacy of Application.
1. The Planning Director shall review the application for acceptability within five
working days to determine if the application is does not omit any of the submittal
elements required by this title. If the application does not contain all of the
required elements, the application, review fee and a written explanation of what
the application is missing shall be returned to the property owner or their
representative. The five working day review period will be considered met if the
letter is dated, signed. and placed in the outgoing mail within the five day review
period.
2. After the application is deemed to contain the required elements and to be
acceptable, it shall be reviewed for adequacy. A. determination of adequacy means
the application contains all of the required elements in sufficient detail and
accuracy to enable the applicable review agency to make a determination that the
application either does or does not conform to the requirements of this title and
any other applicable regulations under the jurisdiction of the City of Bozeman.
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 Director determines the
application to contain all the required elements and shall be completed within not
more than 15 working days. The 15 working day review period will be considered
met if the letter is dated, signed and placed in the outgoing mail within the 15
working day review period. If the application is inadequate, awritten explanation
of why the application is inadequate will be returned to the property owner. Upon
a determination of adequacy the review of the development will be scheduled.
a. In the event the missing information is not received by the City within 15
working days of notification to the property owner of inadequacy, all
application materials and one-half of the review fee shall be returned to
the property owner 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 information during the site plan review process.
3. Should the property owner choose not to provide the required information after an
application has been found unacceptable, nor to accept return of the application
and accompanying fee, the application may be processed by the City with the
recognition by the property owner that unacceptability is an adequate basis for
denial of the application regardless of other merit of the application.
4. The DRC may grant reasonable waivers from submittal of application materials
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.
Page 8 of 20
5. In order to be granted a waiver the applicant shall include with the submission of
the preliminary plan a written statement describing the requested waiver and the
reasons upon which the request is based. The final approval body shall then
consider each waiver at the time the preliminary site plan is reviewed. All waivers
must be identified not later than initial submittal of the preliminary site plan stage
of review.
B. Plans shall be reviewed by the review bodies established by Chapter 18.62, BMC and
according to the procedures established by this title. After review of the applicable
submittal materials required by Chapter 18.78, BMC, and upon recommendation by the
appropriate advisory bodies, the review authority shall act to approve, approve with
conditions or deny the application, subject to the appeal provisions of Chapter 18.66,
BMC. The basis for the review authority's action shall be whether the application,
including any required conditions, complies with all the applicable standards and
requirements of this title, including § 18.02.050, BMC.
1. Plan The review authority shall provide an opportunity for the public to comment
upon development proposals. The duration of the initial comment period shall be
included in any notice required by Chapter 18.76, BMC. The comment period
shall be From the date of the first consideration of the complete preliminary plan
and supplementary materials by the DRC until 5:00 pm on the third working day
after DRC and other review bodies as may be appropriate have taken action
regarding the proposal.
a. The review authority after receiving the recommendations of the, advisory
bodies and considering any public comment shall act to approve, approve
with conditions or deny an application within ten working days of the
close of the public comment period. The decision shall be in writing and
shall include any special conditions which are to be applied to the
development.
(1) After formal notice of a project review has been given, interested
parties may request in writing to receive a copy of the decision
regarding an application. Persons making such a request shall
provide an addressed envelope for use in delivering their copy of
the decision.
2. Plan with l eviatians or Variances or Conditional Use Permits. The review
authority shall provide an opportunity for the public to comment upon a proposed
plan. The comment period shall be from the date of the first consideration of the
complete preliminary plan and supplementary materials by the DRC until the
decision is made.
a. The review authority, after receiving the recommendations of the,
advisory bodies and considering any public comment shall act to approve,
approve with conditions or deny an application. The decision shall be in
writing and shall include any special conditions which are to be applied to
the development.
3. Phasing. The entitlement period for which a final plan is valid is specified in
Section 18.34.120, BMC. Preliminary single phase plan applications will only be
Page 9 of 20
accepted for development that can occur under building permits issued within this
final plan approval period.
a. Any development that includes phases /buildings that would extend past
the final plan approval period shall proceed under the master site plan
application process with a first phase plan for those portions that can be
constructed under the single phase final plan approval. The master site
plan and first phase site plan may be reviewed concurrently as a single
application. Each future project phase must submit a stand -alone site plan
application following initial master site plan approval.
b. Each phase of a plan must not include more buildings than will be
constructed within a one year timeframe. These subsequent site plan
applications may be expedited through the review process if they are
consistent with the master site plan. Independent fees will be assessed for
each required application.
C. A preliminary site plan application may be received where it is unclear
whether the buildings /units can be constructed under building permits
issued within one year of final site plan approval. In this case the planning
director may request proof of a construction financing commitment prior
to accepting the application for review. Applications, where it is clear that
the buildings /units cannot be constructed under building permits issued
within one year of final site plan approval, will be deemed unacceptable
for review and directed to proceed through a master site plan with first
phase site plan process.
18.34.100 PLAN REVIEW CRI'T'ERIA
A. In considering applications for plan approval under this title, the review authority and
advisory bodies shall consider the following criteria. When considering the criteria for
future phases of a master site plan, other than those for criteria 1 -J, the evaluation shall
be of a more generalized demonstration of compliance, recognizing that a subsequent site
plan shall be submitted in the future which shall provide evidence of specific compliance.
The level of detail submitted and review conducted shall be equal with the level of
entitlement being sought with the application. See Chapter 18.78 for required submittal
materials.
I . Conformance to and consistency with the City's adopted growth policy.
2. Conformance to this title, including the cessation of any current violations;
3. Conformance with all other applicable laws, ordinances and regulations,
4. Relationship of plan elements to conditions both on and off the property,
including:
a. Compatibility with, and sensitivity to, the immediate environment of the
site and the adjacent neighborhoods and other approved development
relative to architectural design, building mass and height, neighborhood
identity, landscaping, historical character, orientation of buildings on the
site and visual integration;
Page 10 of 20
b. Design and arrangement of the elements of the plan (e.g., buildings,
circulation, open space and landscaping, etc.) so that activities are
integrated with the organizational scheme of the community.
neighborhood. and other approved development and produce an efficient,
functionally organized and cohesive development,
C. Design and arrangement of elements of the plan (e.g., buildings
circulation, open space and landscaping, etc.) in hannony with the existing
natural topography, natural water bodies and water courses, existing
vegetation, and to contribute to the overall aesthetic quality of the site
configuration; and
d. If the proposed project is located within a locally designated historical
district, or includes a locally designated .landmark structure, the project is
in conformance with the provisions of Chapter 18.28, BMC;
5. The impact of the proposal on the existing and anticipated traffic and parking,
conditions,
6. Pedestrian and vehicular ingress, egress and circulation, including:
a. Design of the pedestrian and vehicular circulation systems to assure that
pedestrians and vehicles can move safely and easily both within the site
and between properties and activities within the neighborhood area;
b. Non-automotive transportation and circulation systems design features to
enhance convenience and safety across parking lots and streets, including,
but not limited to, paving patterns, grade differences, landscaping and
lighting;
C. Adequate connection and integration of the pedestrian and vehicular
transportation systems to the systems in adjacent developments and
general community; and
d. Dedication of right -of -way or casements necessary for streets and similar
transportation facilities;
7. Landscaping, including the enhancement of buildings, the appearance of vehicular
use, open space and pedestrian areas, and the preservation or replacement of
natural vegetation;
8. Open space, including:
a. The enhancement of the natural environment;
b. Precautions being taken to preserve existing wildlife habitats or natural
wildlife feeding areas;
C. If the development is adjacent to an existing or approved public park or
public open space area, have provisions been made in the plan to avoid
interfering with public access to and use of that area;
d. Is any provided recreational area suitably located and accessible to the
residential units it is intended to serve and is adequate screening provided
to ensure privacy and quiet for neighboring residential uses;
e. Open space shall be provided in accordance with Chapter 18.501, BMC;
Page 11 of'2O
f. Park land shall be provided in accordance with Chapter 18.50, BMC.
9. Building location and .height;
10. Setbacks;
11. Lighting;
12. Provisions for utilities, including; efficient public services and facilities;
13. Site surface drainage and stoYmwater control;
14. Loading and unloading areas;
15. Grading
16. Signage;
17. Screening,
18. Overlay district provisions;
19. Other related matters, including relevant comment from affected parties; and
20. if the development includes multiple lots that are interdependent for circulation or
other means of addressing requirements of this title, whether the lots are either;
a. Configured so that the sale of individual lots will not alter the approved .
configuration or use of the property or cause the development to become
nonconforming; or
b, The subject of reciprocal and perpetual easements or other agreements to
which the City is a party so that the sale of individual lots will not cause
one or more elements of the development to become nonconforming.
21. Compliance with Title 17 Chapter 2, BMC;
22. Phasing of development.
B. if the review authority, after recommendation from the applicable advisory bodies shall
determine that the proposed plan will not be detrimental to the health, safety or welfare of
the community, is in compliance with the requirements of this title and is in harmony
with the purposes and intent of this title and the Bozeman growth policy, approval shall
be granted, and such conditions and safeguards may be imposed as deemed necessary.
Notice of action shall be given in writing.
C. Plan approval may be denied upon a determination that the conditions required for
approval do not exist. Persons objecting to the recommendations of review bodies carry
the burden of proof. A denial of approval shall be in writing.
D. Following approval of a master site plan, the applicant shall submit to the Planning;
Department, sequential individual site plans for specific areas within the master site plan.
Each subsequent application for a site plan shall be consistent with the approved master
site plan and subject to the review criteria set forth in subsection A above. Evidence that
the review criteria have been met through the master site plan review process may be
incorporated by reference in order to eliminate duplication of review,
Page 12 of 20
18.34.11.0 CONDITIONAL USE PERMIT
A. The person applying for a conditional use permit shall fill out and submit to the Planning
Director the appropriate form with the required fee. The request for a conditional use
permit shall follow the procedures and application requirements of this chapter,
B. In consideration of all conditional use permit applications, a public hearing shall be
conducted by the review authority. Notice of the public hearing shall be provided in
accordance with Chapter 18.76, BMC.
C. If a rezoning is required prior to approval of a conditional use pens -.it, the application for
rezoning and the conditional use permit may be filed and acted upon simultaneously,
however the conditional use permit shall not be effective until the rezoning has been
implemented by ordinance.
D. The review authority, in approving a conditional use permit, shall review the application
against the review requirements of § 18,34.090, BMC;
E. In addition to the review criteria of §18.34.090, BMC, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces, walls and fences, parking, loading
and landscaping are adequate to properly relate such use with the land and uses in
the vicinity
1 That the proposed use will have no material adverse effect upon the abutting
property. Persons objecting to the recommendations of review bodies carry the
burden of proof,
3. That any additional conditions stated in the approval are deemed necessary to
protect the public health, safety and general welfare. Such conditions may
include, but are not limited to:
a. Regulation of use
b. Special yards, spaces and buffers;
C. Special fences, solid fences and walls;
d. Surfacing of parking areas,
e. Requiring street, service road or alley dedications and improvements of
appropriate bonds
f. Regulation of points of vehicular ingress and egress;
9- Regulation of signs;
11. Requiring maintenance of the grounds;
i. Regulation otnoise, vibrations and odors;
j. Regulation of hours for certain activities,
k. Time period within which the proposed use shall be developed;
1. Duration of use,
in. Requiring the dedication of access rights, and
Page 13 of 20
n. {ether such conditions as will make possible the development of the City
in an orderly and efficient manner.
F. In addition to all other conditions, the following general requirements apply to every
conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional use
permit procedure, and
2. That all of the conditions shall constitute restrictions running with the land use,
shall apply and be adhered to by the owner of the land, successors or assigns,
shall be binding upon the owner of the land, his successors or assigns, shall be
consented to in writing, and shall be recorded as such with the County Clerk and
Recorder's Office by the property owner prior to the issuance of any building
permits, final plan approval or commencement of the conditional use.
G. Applications for conditional use permits may be approved, conditionally approved or
denied by motion of the review authority. If an application is denied, the denial shall
constitute a determination that the applicant has not shown that the conditions required
for approval do exist.
H. The applicant shall be notified in writing of the final action taken within seven working
days of the action. If the conditional use permit has been granted the notification shall
include any conditions, automatic termination date, period of review or other
requirements. If the conditional use permit has been granted, the permit shall be issued
upon the signature of the Planning Director after completion of all conditions and Final
plan.
1. Tennination/ Revocation of Conditional Use Permit approval.
I. Conditional use permits are approved based on an analysis of current local
circumstances and regulatory requirements. Over time these things may change
and the use may no longer be appropriate to a location. A conditional use permit
will be considered as terminated and of no further effect if:
a. Auer having been commenced, the approved use is not actively conducted
on the site for a period of two continuous calendar years;
b. Final zoning approval to reuse the property for another principal or
conditional use is granted,
C. The use or development of the site is not begun within the time limits of
the final site plan approval in Section 18.34.130, BIVIC.
2. A conditional use which has terminated may be reestablished on a site by either,
the review and approval of a new conditional use permit application, or a
determination by the Planning Director that the local circumstances and
regulatory requirements are essentially the same as at the time of the original
approval. A denial of renewal by the Planning Director may not be appealed. If
the Planning Director determines that the conditional use permit may be renewed
on a site then any conditions of approval of the original conditional use permit are
also renewed.
Page 14 of 20
I If activity begins for which a conditional use permit has been given final
Z__
approval, all activities must comply with any conditions of approval or code
requirements. Should there be a failure to maintain compliance the City may
revoke the approval through the procedures outlined in Section 18.64.160.. BMC.
18.34.120 FINAL PLAN
A. No later than six months after the date of approval of a preliminary plan, the applicant
shall submit to the Planning Department a. final plan with accompanying application form
and review fee. The number of copies of the final plan to be submitted shall be
established by the Planning Director, The final plan shall contain the materials required in
§§18.78.080 andl8.78.090 BMC and whatever revisions to the preliminary site plan or
master site plan are required to comply with any conditions of approval. Prior to the
passage of six months, the applicant may seek an extension of not more than an
additional six months from the Planning Director.
B. In addition to the materials required in subsection A of this section, the owner shall
submit a certification of completion and compliance stating that they understand any
conditions of approval and the submitted final plans have complied with any conditions
of approval or corrections to comply with code provisions.
C. In addition to the materials required in subsections A and B of this section, the owner
shall submit a statement of intent to construct according to the final plan. Such statement
shall acknowledge that construction not in compliance with the approved final plan may
result in delays of occupancy or costs to correct noncompliance.
D. Following approval of a final site plan, the final site plan shall be in effect for one year.
Prior to the passage of one year, the applicant may seek an extension of not more than
one additional year from the Planning Director. In such instances, the Planning Director
shall determine whether the relevant terms of this title and circumstances have
significantly changed since the initial approval. If relevant terms of this title or
circumstances have significantly changed, the extension of the approval shall not be
granted.
E. Following approval of a final master site plan, the final master site plan shall be in effect
for not less than three but not more than five years with the initial duration to be specified
during the final action of the review authority. Owners of property subject to the master
site plan may seek extensions to not exceed five years in a single extension. Approval of
an extension shall be made by the Planning Director. Approval shall be granted if the
Planning Director determines that the criteria of 18.34.120.17 are met.
F. Any request for an extension must be in writing and be dated and signed by the owner of
the undeveloped area or incomplete development for which the extension is sought. More
than one extension may be requested for a particular development. Each request shall be
considered on its individual merits. An extension of the development approval under
Chapter 18.34, BMC does not extend other City or non-City agency approvals, e.g. for
design of infrastructure extensions, necessary to complete the project. When evaluating
an extension request, the City shall consider:
1. Changes to the development regulations since the original approval and whether
the development as originally approved is compliant with the new regulations;
Page 15 of 20
2. Progress to date in completing the development as a whole and any phases;
3. Phasing of the development and the ability for existing development to operate
without the delayed development:
4. Dependence by other development on any public infrastructure or private
improvements to be installed by the development,
5. For extensions of approval greater than one year, the demonstrated ability of the
developer to complete the development;
6. Overall maintenance of the site;
7. Whether mitigation for impacts of the development identified during the
preliminary plan review remain relevant, adequate, and applicable to the present
circumstances of the development and community.
G. Upon approval of the final plan by the Planning Director the applicant may obtain a
building permit as provided for by Chapter 18.64, BMC.
1. Subsequent site plan approvals are required to implement a master site plan, and
approval of a master site plan only does not entitle an applicant to obtain any
building permits.
18.34.130 AMENDMENTS TO PLANS
A. It is the intent of this section to assure that issues of community concern are addressed
during the redevelopment, reuse or change in use of existing facilities in the community.
Specific areas of community concern include public safety, mitigation of off-site
environmental impacts and site character in relation to surroundings. The following
procedures for amendments to approved plans, reuse of existing facilities and further
development of sites assure that these concerns are adequately and expeditiously
addressed.
B. Any amendment to or modification of a plan approved under the ordinance codified in
this chapter (September 3, 1991 - Ordinance 1332) shall be submitted to the Planning
Director for review and possible approval. Proposals for further development, reuse or
change in use of sites developed pursuant to this title shall be reviewed as an amendment
to an approved plan. All amendments shall be shown on a revised plan drawing.
Amendments to approved plans shall be reviewed and may be approved by the Planning
Director upon determining that the amended plan is in substantial compliance with the
originally approved plan. If it is determined that the amended plan is not in substantial
compliance with the originally approved plan, the application shall be resubmitted as a
new application and shall be subject to all standards and plan review and approval
provisions of this title. Substantial compliance may be shown by demonstrating that the
amendments do not exceed the thresholds established in § 1.8.34.150.13, BMC.
C. Modifications or amendments to a master site plan at the time an extension of approval is
sought may be proposed by either the applicant or the review authority, and shall be
based on substantive current information that indicates that relevant circumstances have
changed and that such circumstances support the proposed modifications. Such
circurnstances may include market analyses, economic conditions, changes in
surrounding land uses, changes in ownership, etc.
Page 16 of 20
18.34.150 REUSE, CHANGE IN USE OR FURTHER DEVELOPMENT OF SITES
DEVELOPED PRIOR TO THE ADOPTION OF THE ORDINANCE
CODIFIED IN THIS TITLE
A. It is the policy of the City to work with owners of property during the reuse, change in
use, or further development process to correct existing violations of the City's and other
agency's regulations, to encourage reinvestment and renewal of existing developed sites,
and to move existing sites toward compliance with current standards while recognizing
the limitations that may exist in relation to an existing site.
B. Sites legally developed prior to the adoption of the ordinance codified in this title
(September 3. 1991 - Ordinance 1332) shall be considered to have developed under an
approved plan. Proposals for reuse, change in use or the further development of sites
legally developed prior to the adoption of the ordinance codified in this title may be
approved by the review authority upon detennining that no significant alteration of the
previous use and site are proposed, and upon review by the City Engineer or designee to
assure that adequate access and site surface drainage are provided. All such proposals
shall be shown on a plan drawing as required by Section 18,78.110.
C. The criteria for determining that no significant alteration of the previous use and site will
result from the proposed reuse, change in use or further development of a site shall
include but not be limited to the following:
I The proposed use is allowed under the same zoning district use classification as
the previous use, however replacement of nonconforming uses must comply with
the provisions of Chapter 18.60, BC;
2, Changes proposed for the site, singly or cumulatively, do not increase lot
coverage by buildings, storage areas, parking areas or impervious surfaces and/or
do not result in an increase in intensity of use as measured by parking
requirements, traffic generation or other measurable off-site impacts;
a. By more than 20 percent for developments not meeting one or more of the
criteria of § 18.34.040. C; OR
b. By more than 10 percent for developments meeting or exceeding one or
more of the criteria of § 18,34.040.C;
3. The proposed use does not continue any unsafe or hazardous conditions
previously existing on the site or associated with the proposed use ofthe property.
D. If it is determined that the proposed reuse, change in use or further development of a site
contains significant alterations to the previous use and/or site, the application shall be
resubmitted as a new application and shall be subject to all plan review and approval
provisions of this chapter.
E. When proposals for reuse, change in use or further development of a site are located in
the neighborhood conservation or entryway corridor overlay districts, review by ADR
staff or the DR13 may be required to determine whether resubmittal as a new application
is necessary.
Page 17 of 20
18.34.160 IMPROVEMENTS TO EXISTING DEVELOPED SITES INDEPENDENT OF
SITE PLAN REVIEW
The continued improvement of existing developed sites is desired to increase the level of
compliance with the provisions of this title and to encourage maintenance and viability of the
site. An applicant may propose improvements, not in association with a plan review, to increase
conformity with the standards of this title for landscaping, lighting, parking or similar
components of a site to occur over a defined period of time, not to exceed three years. Such
improvements shall be depicted on a site plan drawn to scale and which shall be sufficiently
detailed to clearly depict the current conditions, the intended end result of the proposed
improvements and any phasing of work. Such improvements shall be reviewed by and approved
at the discretion of the review authority which may require surety in accordance with the terms
of Chapter 18.74, BMC fir work. performed. A certificate of appropriateness may be required if
the site is located within the entryway overlay district or the neighborhood conservation overlay
district.
15.34.170 BUILDING PERMITS :BASED UPON APPROVED SKETCH OR SITE
PLANS
Based upon the approved sketch or final plan and after any appeals have been resolved, a
building, permit for the site may be requested and may be granted pursuant to Chapter 18.64,
BMC. No buildings permit may be granted on the basis of an approved sketch or other plan whose
approval has expired.
18.34.150 APPEALS
Appeals of decisions rendered in conjunction with this chapter may be taken as set forth in
Chapter 18.66, BMC.
Section 2
That Section 18.64.O10.B, Unified Development Ordinance, of the Bozeman Municipal Code be
amended to read as follows:.
B. The Planning Director shall, upon recommendation from the DRC, DRB, ADR or WRB
w" other adviso b r f y as may be applicable approve, approve with conditions or deny all
applications subject to this title, excepts fiats, conditional use permits, planned
unit developments and subdivisions, fficse "u p�icatiorls s )ecificat.11y ae.,,er e a�_.. o ,.in
4 [�[g y��.1 &1111011 or any application involving; deviations or variances. Decisions of the
Planning; Director are subject to the appeal provisions of Chapter 18.66, BMC.
1. Exception. The City Commission rrnay, by an affirn simple majority, vote of
its members at a regularly scheduled meeting reclaim to itself the final approval
of a development normally subject to the approval of the Planning; Director. The
vote shall occur prior to the action of the Planning Director.
Section 3
Repealer
Page 18 of 20
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 4
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 5
Severability
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 6
Codification
The provisions of Sections I and 2 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 7
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 June, 2011.
' J E SS
,
E .9RA
M r '
Page 19 of 20
ATTEST:
4 ' STcy U CMC
City Clerk
F.-VINEMOTM
,p SULLIVAN
Attorney
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 11th day
of July 2011, The effective date of this ordinance is August 10, 2011.
JEF
M o
r
ATTEST:
K
STXTCY EN, CMC
City Clerk
APPROVED AS TO FORM:
GREG SULLIVAN
City Attorney
Page 20 of 20