HomeMy WebLinkAboutOrdinance 11- 1804 amending Bozeman Municipal Code, Ch. 2.65, 18.28, Sections 18.42,170, 18.50.030, 18.52.020, 18.52.060, 18.52.130, 18.64.010, 18.80.1945, 18.80.3210ORDINANCE NO. 1804
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE
AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 2.65,
SETTING FORTH THE DUTIES AND POWERS OF THE ZONING COMMISSION,
AND REVISING CHAPTER 18.28, SECTION 18.42.170, SECTION 18.50.030
SECTION 18.52.020, SECTION 18.52.060, SECTION 18.52.130, SECTION 18.64.010,
SECTION 18.6,4.160, ADDING A NEW SECTION 18.80.1945, AND TO AMEND
SECTION 18.80.3210.
WHEREAS, the City of Bozeman has adopted a Unified Development Ordinance
which establishes common standards for zoning development; and
WHEREAS, the proposed Unified Development Ordinance text amendment
application has been properly submitted, and reviewed, and all necessary public notice was given
for all public hearings and
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 off"ered con on the proposed
amendments; and
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
Page 1 of 16
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 community 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 1
That Title 2, Administration, of the Bozeman Municipal Code be amended by adding a new
chapter to be numbered Chapter 2.65 to read as follows:
2.65 CITY ZONING COMMISSION
2.65.010 ESTABLISHED -- POWERS AND DUTIES.
Pursuant to and under the provisions of Title 76, Montana Code Annotated, the city commission
does create and establish a municipal zoning commission as provided in the title, and does by
this chapter adopt all of the sections of the laws of Montana previously mentioned that
specifically pertain to a municipal zoning commission, granting and delegating to the zoning
commission all of the rights, privileges, powers. duties and responsibilities thereto appertaining.
2.65.020 JURISDICTION.
The zoning commission shall have such jurisdiction as provided by state law.
2.65.030 COMPOSITION.
The zoning commission shall consist of five members, appointed to two year terms to expire as
follows:
A. Two members appointed by the City Commission . The appointments shall be for two -
year terms, with those terms to expire on February 28 of even - numbered years ;
B. Three members appointed by the City Commission. The appointments shall be for two-
year terms, with those terms to expire on February 28 of odd - numbered years;
C. Alternates. The City Commission may designate up to two members of the City Platu'ing
Board who, only in the event that the zoning commission does not have an available
quorum, may act as an alternate member to enable the zoning commission to conduct
business.
D. The City Clerk shall certify the members appointed by the City Commission. The
certificates shall be sent to and become a part of the records of the zoning commission.
Page 2 of 16
Section 2
Section 18.28.010.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
18.28.010 INTENT AND PURPOSE
A. All new construction, alterations to existing structures, movement of structures into or out
of the neighborhood conservation overlay district, hereinafter referred to as the
conservation district, or demolition of structures by any means or process will be subject
to design review unless specifically exempted. The recommendations of the Design
Review Board or Administrative Design Review staff shall be given careful consideration
in the final action of the re'view authority.
Section 3
Section 18.28.040 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
18.28.040 CERTIFICATE OF APPROPRIATENESS
A certificate of appropriateness, ree�— !d b rn (-, eia the 44a-w+41�,- DiFe-4',,*-)F OF-
feeof.afnen4a4on b);
B(+aFd shall be required before any and all alteration(s) other than those specifically exempted in
subparagraph A or repair as defined in Chapter 18.80, are undertaken upon any structure in the
conservation district. of : --a1 c+dt+4,H1S
t4w eeksk,has kN . ..... imui)ec Fi
cer ates of
set review author
a, nateness is
... ...... . ...... - -121 Wl- --
T � a c.hi 64. BN/IC, COY% Jance with the terms ofhe final deision i t c he Montana Historical and Artectural Inventory Form shall be reviewed and, if necessary,
updated by the historic preservation staff to reflect current conditions on the site, prior to the
review of the proposal. Application procedures are as follows:
A. No building, demolition, conditional use, sign or moving permit shall be issued within the
conservation district until a certificate of appropriateness has been issued by the
appropriate review authority, and. until final action on the proposal has been taken.
coicstruc bear . located within the Nei uliboTi'li(iod
Conservadon ()veflav Diistrict- within an estat6shed historic district, ()r at a sile,
...........
which is fnd�vidua�l , Listed on 1he Natji n I 1,
...... . ... a of I I istoric Preservation,
does n t]
01 a cerfificate of �i "Iriatelless if' le satisfie s the
Vio—ed -- � --- -------- — -
1'611owfi staii.dards:
11, Fences lnec�fim isimis of (Iii fige
. . ........ lirnitations"
I.-- J
sr,rect finished side olich
. ......... . ..... . . ---1-- -111111, � 1-1
&111.30, BM(
are bLffl( 01''Wood. wr jai -dit-irgp. or any offier iicn-,5 Jal q n
tic mats d
... ..... .....
N,N'hose construction. allo
as sel in, Chap! r 3.
Section F of "the e
guidelines rlleTenced h 18,28.050]) ,
. ............. . ........ -- ... . ... . . ...... -1u,
13,MC, Chain fink fencing i's not inch.i.ded in this ex
lw. ... . ....... - - ----
Base�nienl e a ac ss windovys whose windo-,v naaterial and co f
l t elsewhere in the structure. and whose window yvells are not on flie
Page 3 of 16
front Or Corner Side J evation of the structure. and which,. (Jo not
. . ............. .....
asitla "sln �or lrs n'.igte,
re s s fi•m a rL i I I e,ga] dwe I [ 1 11. 1 in I t.
Accessor structmes t,gi,,der_120 S('akfle feet -,IS 11wasured �i_0111 0le OUICT
........... . ............ .. . ....
t o f u t l the exterjor �'�ajls. ��46ch inegt �he selba r are jioL
................... . ............ - - - _" ....... ............. . ... ..
more lhan N ['eel to their N]hem
'q�Lwhich do 11N rCcl�Ijl�-e a
. ... . . ..................
lrrurldir "j)erli I
d, Alterations in roofln nuflerjaL if jo-s[Liffing shj�.Lg shate, tile, or
a�
le inaterial, and flr cha.l 1C are nn0e to the roof
B. Application, review and public notice procedures for proposals located within the
conservation district are set forth in Chapter 18.34, BMC, Review Procedures for Site
Development, Chapter 18.62, BMC, Development Review Committee, Design Review
Board, Administrative Design Review and Wetlands Review Board and Chapter 18.76,
BMC, Noticing. If the demolition or movement of structures or sites subject to the
conservation district requirements is proposed, the procedures in §18.28.080, BMC shall
apply.
C. A denial of a certificate of appropriateness shall be accompanied by a written statement
of reasons for the denial.
D. The architectural designs of individual workforce housing units used to satisfy the
requirements of Section 17.02,030, BMC and meeting the requirements of Section
17.02.060.A.13, BMC are exempt from the review requirements of this chapter. This
exemption does not extend to removal or alterations of existing structures.
Section 4
Section 18.28.070 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
18.28.070 DEVIATIONS FROM UNDERLYING ZONING REQUIREMENTS
Because the development of much of historic Bozeman preceded zoning, subdivision and
construction regulations, many buildings within the conservation district do not conform to
contemporary zoning standards. In order to encourage restoration and rehabilitation activity that
would contribute to the overall historic character of the community, deviations from underlying
zoning requirements may be granted as described in (44v
. .............
__j8,6( BN4C.by the
-Rev: i-e Cl". The criteria for granting deviations from the underlying
zoning requirements are:
A. Modifications shall be more historically appropriate for the building and site in question
and the adj acent properties, as determined by the standards in § 18.2 8.05 0 of this chapter,
than would be achieved under a literal enforcement of this title;
B. Modifications will have minimal adverse effect on abutting properties or the permitted
uses thereof, and
C. Modifications shall assure the protection of the public health, safety and general welfare.
Approvals may be conditioned to assure such protection, and such conditions may
Page 4 of 16
include a time period within which alterations will be completed-, landscaping and
maintenance thereof architectural, site plan and landscape design modifications, or any
other conditions in conformity with the intent and purpose set forth in this chapter.
Section 5
Section 18.28.090 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
18.28.090 APPEALS
Aggrieved persons, as defined in Chapter 18.80, BMC, may appeal�h-e a firiall" decision ofthe
nwiewauflmri
. . . ..... ... . .. . ... ......... .. . ....... .. . ... pursuant to the provisions of
Chapter 18.66, BMC. In such event, the issuance of a certificate
Lif ilp", 2 ,geness shall be
stayed until the appeal process has been satisfied.
Section 6
Section 18.42,170 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
18.42.170 TRASH AND GARBAGE ENCLOSURES
A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall
be provided for every use, other than single-household dwellings, duplexes. individually owned
townhouse or condominium units, in every zoning district, except where a property is entirely
surrounded by screen walls or buildings. Trash enclosures shall be constructed so that contents
are not visible from a height of 5 feet above grade from any abutting street or property. Trash
enclosures shall comply with the following regulations:
A. Location. Trash enclosures, surrounding standard steel bins (dumpsters), shall be located
on the site for convenient pickup service, and the location shall be shown on required site
plans. Trash enclosures shall not be located in required front yards, and shall be situated
so that containers can be pulled straight out of the enclosure or so the sa466k,�ii SoRl
Wa.s.t.e. truck can back straight into it. The location of all trash enclosures shall be subject
to review and approval by the City's Solid Waste Division
B. Construction. Trash enclosures shall be constructed of solid or ornamental pierced
masonry walls or other appropriate materials, with a solid concrete floor sloped for
drainage and maintenance of sanitary conditions. Enclosures shall be architecturally
compatible with the principle structure. Enclosures shall be of sufficient height to conceal
contents, including containers, but in no case shall be less than 4 feet in height above
grade.
C. Exception. A garbage enclosure is not required for dumpsters accessed via an alley.
1), . .... Qonstn.ietjon Inclosi.ge. For ml]�i�Llclgns (..)rher than those ctassified as Sketch Plai)
re'Vie�xs f Seelion I& 34,050 BNJ the a pl��carit shall desi, t�a n
P . .. ............... _!!� g� t�i
reftls e greion the site 4n a N deta AJth chinensions and
........ . ........ ... . .....
f
nrwerials, or th(:, ...forage and coflection of buddiru inaterial debris
........... . . .._ . ........ .............. .......... Lijilg), the
C011STITICtion, f?tl�� of tl!!� ol d thal said debriss, area i^ sho accordill gn the-
an
tarsal situpLan
Page 5 of 16
Section 7
Section 18.50.030 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
18.50.030 CASH DONATION IN-LIEU OF LAND DEDICATION
A. The City Commission may determine whether the park dedication must be a land
dedication, cash donation in-lieu of land dedication or a combination of both. When
making this determination, the City Commission shall consider the following:
I The desirability and suitability of land for parks and playgrounds based on size,
topography, shape, location or other circumstances, and
2. The expressed preference of the developer.
- i th -ict, he ission has
�.,ocafion of' tl , site �,Nilhh B disti
- (- _.� .1 T
_ ..............
detern'th ffiat a V non ti(-_'U ofland dedicadon is the defiRUIA niethod to safisk the
. . ... . . ............... .... . ... . .........
__..."2. _ Q -1- ,_ d_
_piret ie nts q� t8,50�02(YA the B z nh�n isnict, The ap a�
as
aLifficrit of 11 de�k'ejopnwig %Aithin the B zorii!j& digijo �,;
Y . . . . .......................
Section 18.64.010 and i,.ase offfie i i of this chamer (110 110t �'e w re
0 i'lrovisions . . .......
revie)A, Of fl' ,kq_by flie City (_'crn r njssion,,
- _�U_RIQ _ - __ . .. . .......
B. When a combination of land dedication and cash donation in-lieu of land dedication is
required, the cash donation may not exceed the proportional amount not covered by the
land dedication.
C. Cash donation in-lieu of land dedication shall be equal to the fair market value of the
amount of land that would have been dedicated. For the purpose of these regulations, the
fair market value is the value of the unsubdivided, unimproved land after it has been
annexed and given an urban zoning designation. The City intends to obtain the highest
value for cash-in-lieu of parkland that is allowable under Montana law,
I It shall be the responsibility of the developer to provide an appraisal of the fair
market value by a certified real estate appraiser of their choosing. The appraisal
fee shall be the responsibility of the developer.
2. When a land value must be established for cash-in-lieu of land dedication to
satisfy the requirements of §18.50.020, BMC, and the value of the land in an
unsubdivided, unimproved, but annexed and zoned condition can not reasonably
be determined, the developer may provide an appraisal of residentially zoned
property with a zoning designation that allows the density of dwellings proposed
for development.
Page 6 of 16
I
3. The appraisal provided for the purpose of §18.50.030, BMC shall be conducted
not sooner than 90 days prior to the submittal of an application for final plat or
final site plan approval.
D. Where a cash donation has been accepted in-lieu of land dedication, the amount of cash
donation shall be stated on the final plat or plan as appropriate,
E. Where a cash donation has been accepted in-lieu of land dedication, the City C-011 MIS"11O
shall record in the meeting minutes er oflaer tyjttcn dec ' isio " it why the dedication of land
for parks and playgrounds was undesirable.
F. Use of Cash Donations.
I The City shall use a cash donation for development or acquisition of
parks to serve the development.
2, The City may use the cash donation to acquire or develop parks or
recreational areas within its jurisdiction or for the purchase of public open space
or conservation easements, only it:
a. The park, recreational area, open space or conservation easement is within
a reasonably close proximity to the proposed development; and
b. The City Commission has formally adopted a Citywide park plan that
establishes the needs and procedures for use of the cash donation.
Section 8
Section 18.52.020 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
18.52.020 SIGN PERMIT REQUIREMENTS
If a sign requiring a permit under the provision of this chapter is to be placed, constructed,
erected or modified on a zone lot, the owner of the lot shall secure a sign and building permit
prior to the construction, placement, erection or modification of such a sign. Furthermore, the
property owner shall maintain in force, at all times, a permit for such sign. No pen of any kind
shall be issued for an existing sign or proposed sign unless such sign is consistent with the
requirements of this chapter. Murals as defined in Sectionl 8.80.1945. BMC are not subject to
this chapter but may be subject to the provisions of Chapters 18.28 and 18.3.0 B
Section 9
Section 18.52.050.B of the Bozeman Municipal Code be amended so that such section shall read
as follows:
Page 7 of 16
B. Commercial and Manufacturing Zones .. (R-O, B-1, B-2, B-3. UMU. M -1, M -2. BP, PLI,
HMIJ, REMU [mixed use, nonresidentialD.
1. Window signs painted on the window or- physi.eally affi)ied to the interior- 0"
windev`, provided that such signs do not occupy more than 25 percent of the area
of the window in which it is displayed. If it exceeds 25 percent of the area of the
window, it will be classified as a wall sign. For the pur of this section. a
window is a transparent glass opening in a wall separated from other glass
openings by mullions or other dividers of four inches or less in width,
2. Signs within a structure or building or other enclosed area of property when such
signs are not legible when viewed from outside the structure or property.
3. Temporai -y non-illuminated signs, e.g. real estate sale. for rent or lease, political
campaign, noncommercial speech signs shall not exceed 32 square feet in size,
shall be no more than 5 feet high and shall be at least 5 feet from the property
line. Only one sign of each subject per street frontage per lot is allowed.
4. A temporary, non-illuminated sign identifying the businesses working at a
construction site may be posted. The signs for multiple businesses shall be
aggregated among all those working on the site and in total shall not exceed 32
square feet in size, shall be no more than 5 feet high and shall be at least 5 feet
from the property line. All parties to the development, including but not limited
to, banks, architects, contractors, developers, future occupants of the lot, real
estate agent, landscape company shall be on a single sign per street frontage per
lot. Such signs shall not be considered off-premise advertising so long as the
identified business is actively engaged on the site.
5. Not more than four on-premises directional signs not exceeding 4 square feet in
area and 5 feet in height which shall not contain any commercial messages.
Section 10
Section 18.52.060.A&B of the Bozeman Municipal Code be amended so that such sections shall
read as follows:
18.52.060 SIGNS PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT
The following on-premise signs are permitted in the indicated zones subject to a sign permit:
A. Commercial, Manufacturing. Public Land Zones ( B-2, B-3 M-1, M-2, BP,
PLI, HMU, RI MU [mixed use. nonresidential]). A lot in a B-2 district is permitted total
signage not to exceed 400 square feet. The maximum allowable total signage in the other
districts listed herein shall not exceed 250 square feet per lot. A comprehensive sign plan
is required for all commercial centers consisting of two or more tenant spaces on a lot and
shall be designed in accordance with § 18,52.070, BMC.
I. FreestaiLdin 6 r Signs. One freestanding sign is pennitted per zoned lot. The
--
maximum area for a freestanding sign shall be 32 square feet. A low profile
freestanding sign shall be set back a minimum of 5 feet with a maximum height of
5 feet. A pole-style freestanding sign shall be set back a minimum of 15 feet with
Page 8 of 16
a maximum height of 1 ) feet. The pole-style sign will maintain at least all 8-foot
minimum vertical clearance from the ground.
2, Wall Sigps. Wall signs are not to exceed a total signage allowance of 2 K ,Ire f.bot
for th . e first 25 ...... finear Feet acid 1.5 square feet per linear foot
- I I I 1 1-11 ......
of building frontage tltereatle.r, minus any area devoted to freestanding or
projecting signs. Wherii a bUddin is located on its lryr sucl that fl is no parkill-
hetween the bi.ffldin n fibcacle with the prinianY enli'ance and the street riglo ofvvay
line and there is laruu °l�iuu x: located to the side of buikh.ili
L Z= _then 15 percent of the
side lengah of the buikiinU' [ThU)! hiC Used lo c building Froilta Canopy,
window and awning signs shall be classified as wall signs. Wall signs shall not
project above the top of a wall or parapet. Lots fronting on two or more streets
shall be permitted an additional 35 percent of the already permitted wall sign area
for each subsequent building frontage. Fhe addifion(11sk._ are ro sl be . a plied lo
(lie side of [lie b�tdd' �, frorn whu,-h (he 35 was inaf.
_ 11 - 1-1- 11 1._"_.1._Lr1 _ — _11 1'. ............ . .... .
g,11 of the allowance lbt� additional area the niaximmn area shall not
. .. ............................ . . . ........ — - - - - area l... - -
exceed the a[IlOUnt allo\ved 6or llac distrio.,
. . .................
3. Projecting Signs. One projecting sign per tenant. Projecting signs shall not exceed
8 square feet in area nor extend more than 4 feet from the building. In the B-3
district, projecting signs shall not exceed 12 square feet in area nor extend more
than 6 feet from the building. Projecting signs shall provide a minimum sidewalk
clearance of 8 feet.
B. Business and Office Zones (B-1, R-0). The maximum allowable total signage for a lot
with one building shall not exceed 80 square feet in a B-1 district or non - residentially
planned R-O district, the maximum allowable total signage for a. lot with two or more
buildings shall not exceed 4 80 square feet per bi'didio,", in a B-1 district or non-
residentially planned R-O district and 32 square feet in a residentially planned R-O
district, The maximum sign area per user on a zoned lot shall not exceed 80 sauare feet.
A comprehensive sign plan is required for all commercial centers consisting of two or
more tenant spaces on a lot. Such plans shall be designed in accordance with this section.
I . Low Profile Freestanding Signs, One low profile sign not to exceed 32 square feet
in area in the B-1 district, and 12 square feet in area in the R-O district. In both
the B-1 and the R-O districts, the low profile sign shall have a minimum setback
of 5 feet and a maximum height of 5 feet. Pole-style freestanding signs are not
permitted in the B -1 and R-0 zones.
2. Wall Signs. Wall signs in the B-1 district are not to exceed a total signage
allowance of 1.5 square feet for the first 25 linear feet of building" frontage and I
square foot per linear foot of building frontage thereafter., minus any area devoted
to freestanding or projecting signs. Wall signs in the.R-O district are not to exceed
a total signage allowance of 0.5 of a square foot per linear foot of building
frontage minus any area devoted to freestanding and/or projecting signs. When a
buildinv_ �is located on its lot such that there is no varkin2 between the building
facade with the primary entrance and the street right of way line and there is
parking located to the side of the buildina then 35 Percent of the side lenath of the
building may be used to calculate building frontage, Canopy, window and awning
signs shall be classified as wall signs. Wall signs shall not project above the top of
Page 9 of 16
a wall or parapet. Lots fronting on two or more streets shall be permitted an
additional 35 percent of the already permitted wall sign area for each subsequent
building frontage. '11te additional sigq�_ - Jj�,-k g )phed to j e sd of ie ' die
_�gq _ �s
. . . ........ U_J _L . ........ ..... . . . . ............. ......
L)LA Lk�fi 1, lg. t1
k0deh tl 35 _11-j'cent calcqla.tjon Nvas in It Re a
grdless of" le
J . .. l ...... lz;,
fbi additkmal area the ni.iaximu.ni area s�iall not e d a3gount
.. ..... . . ... . ... . .......... .. . ..
for die dimxict.
3. Projecting Signs. One projecting sign per tenant. Projecting signs shall not exceed
8 square feet in area nor extend more than 4 feet from the building. Projecting
signs shall provide a minimum sidewalk clearance of 8 feet.
4. Subdivision Identification Signs. For residential subdivisions consisting of more
than four residential units, one low profile, freestanding, neighborhood
identification sign per development entrance is allowed. Each sign shall not
exceed 16 square feet in area or 5 feet in height from the finished grade. The sign
must be setback at least 5 feet from the property line.
5. Residential Building Identification Signs. For properties used for multi-household
residential buildings, one residential identification wall sign per street frontage.
Each sign shall not exceed 8 square feet in area.
Section 11
Section 18.52.080 of the Bozeman Municipal Code be amended and renumbered so that such
section shall read as follows:
18.52.080 MULTITENANT COMPLEXES WITH LESS THAN 100,000 SQUARE
FEET OF GROUND FLOOR AREA
The guidelines for the underlying zoning districts apply - unless otherwise addressed below:
A. The maximum permitted wall sign area allowed for each tenant space shall be the
percentage of the total floor area on the zoned lot that the tenant occupies multiplied by
the wall area allowed by §18,52.060.A.2 or §18.52.060.B.2, BMC it-riless othenvise
)Ivved u 1, 8 If the lot has
1 ' 11:ell iyc S. q._ Ptgqj:)g, Se(� rJon
more than one building frontage, the individual tenant space may derive sign area only
from the frontage(s) which the space faces. Lots under this section shall be allowed a low
profile sign that identifies the complex, which othei-A conforms to this chapter, in
addition to the sign area already permitted under §18.52.060.A.2or §18.52.060.B.2,
BMC,
Section 12
Section 18.52.130 of the Bozeman Municipal Code be amended and renumbered so that such
section shall read as follows:
18.52.4-300145 REQUIRED ADDRESS SIGN
Street numbers shall be required for all residential, commercial, industrial, and civic uses in all
zones-, of t1i yons
C, s-slia4
Page 10 of 16
nw*bvfi. All building numbering shall coni"orin to
Chapter 12.08, Building Numbers. BMC.
Section 13
Section 18.64.160 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
18.64.160 VIOLATION - PENALTY - ASSISTING OR ABETTING - ADDITIONAL
REMEDIES
The effective enforcement of adopted standards is necessary to accOMDlish their intended
purpose. The City has a varietyof options for the enforcement of this title. The Planning Director
shall select the option which in their opinion is most suitable to the circumstance and violation.
More than one enforcement option may be used to attain corm)liance with the standards of this
title when deemed appropriate.
A. Violation of the provisions of this title or failure to comply with any of its requirements
including violations of conditions and safeguards established in connection with the grant
of variances or conditional uses or any of the required conditions imposed by the
Planning Director and/or City Commission shall constitute a misdemeanor. Any person
who violates this title or fails to comply with any of its requirements shall upon
conviction thereof be fined or imprisoned or both, either as set forth in state law
regarding subdivision and zoning, or in accordance with Section 1.16.01 , BMC. and in
addition shall pay all costs and expenses involved in the case except as stated in
subsection D of this section.
1. Each day such violation continues shall be considered a separate offense and
punishable as such.
2. For violations relating to plats each sale, lease or transfer of each separate parcel
of land in violation of any provision of these regulations or the Montanan
Subdivision and Platting Act shall be deemed a separate and distinct offense.
B. The code compliance officer is authorized to issue a notice to appear under the provisions
of §46 -6 -310, MCA to any violator of this title.
C. The owner or tenant of any building, structure, premises or pail thereof, and any
architect, builder, contractor, agent or other person who commits, participates in, assists
or maintains such violation may each be found guilty of a separate offense and suffer the
penalties herein provided.
D. If transfers not in accordance with these regulations or the Montana Subdivision and
Platting Act are made, the City Attorney shall commence action to enjoin further sales or
transfers and compel compliance with all provisions of these regulations. The cost of the
action must be imposed against the party not prevailing.
E. When a violation has not been corrected by the property owner after written notice from
the City, the enforcement officer or Planning Director may seek approval for filing at the
Gallatin County Clerk and Recorder's Office a Notice of Violation or Noncompliance.
Such notice shall serve to advise potential purchasers of existing violations of this title or
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of on -going enforcement actions regarding a property. Such notice shall clearly state that
the parcel or development on the parcel is in violation of this title and that correction of
the violation must be made prior to the City approving additional development or
redevelopment of the site. The notice shall also describe the nature of the violation and
applicable citations to the relevant sections of this title.
1. When such a notice is to be tiled the enforcement officer shall either:
a. Through the office of the City Attorney brim an action for civil and/or
injunctive relief that requests a court order to record a Notice of Violation
or Noncompliance; or
b. Schedule a public meeting to be held before the City Commission with the
intention of receiving an order from the City Commission confirming the
validity of the violation and the need for correction, and authorizing the
recording of the Notice of Violation or Noncompliance. Notice of such a
hearing shall be provided as required by Chapter 18.76, BMC.
2. When a violation has been corrected for which a Notice of Violation or
Noncompliance was filed, the City shall record a release of noncompliance
indicating that the prior violation has been corrected. The property owner is
responsible for notifying the Planning Department in writing of the correction of
the violation or noncompliance. Upon receipt of such notification by the property
owner, the enforcement officer shall conduct an inspection to verify correction
prior to the recording of the release.
F. The City may maintain an action or proceeding in a court of competent jurisdiction to
compel compliance with, or to restrain by injunction the violation of, any provision of
this title.
G. Nothing herein contained shall prevent the City from taking such other lawful action as is
necessary to prevent or remedy any violation..
I I. Violation of this Title is a municipal infraction and may be punishable by a civil penalty
as provided in Section 124,040 BMC, in addition to other remedies of Section 18.64.160
except that the Court shall impose the following minimum civil penalties,
1. Each day such violation continues shall be considered a separate offense and
punishable as such. The minimum civil penalty for violation of this title by the
same person for the same violation within a 12 month period shall be:
a. First citation $100.00
b. Second citation $150.00
C, Third and subsequent citations $200.00
d. The determining factor with respect to the civil penalty is the receipt of
service of the citation and not the judgment,
1. Upon resolution of an identified instance of non-compliance with the standards of this
title the City ma record a document with the Gallatin Count and Recorder to five
notice of the resolution of the non - compliance.
Section 14
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Section 18.66.030.0 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
C. Filing of Appeal. An appeal shall be taken by filing with the Clerk- of the
Commission a --- to-appt, by 5:00 pin on the A+�+44 l i I V' Nvpr :
day following the final decision of the Planning Director, -i a documented appeal and
appeal fee,, wi4iii+ scnenbu, the Vlantiinw 1 ii:ee4e'F-,
1. - AA* ",-
.. .... . ............
S 4401�h-
Section 15
Section 18.66.040.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. A request for appeal of an interpretation of this title, including classifications of use per
Chapter 18.14, BMC, shall be made by filing an application, with appropriate fees, with
the Clerk of the Commission within 2
g days of the interpretation
decision. After receiving a completed application the Clerk of the Commission shall
schedule a hearing at a regular Commission meeting. In all cases, the complete
application shall include, and shall not be deemed filed until, all of the materials required
by § 18.78.150, BMC are submitted.
Section 16
That Section 18.70.030 of the Bozeman Municipal Code be amended to read as follows:
18.70.030 PUBLIC HEARING PROCEDURES AND REQUIREMENTS
A. The City Commission and Zoning Commission shall hold public hearings on the matters
referred to in such application at which parties of interest and citizens shall have an
opportunity to be heard.
B. The Planning Director shall give public notice as required by Chapter 18.76, BMC. The
Planning Director shall provide to the City Commission and Zoning Commission a report
of the staff s analysis of the application.
C. After such hearing or hearings, the Zoning Commission will make reports and
recommendations on the application to the City Commission.
D. After the Zoning Commission has forwarded a recommendation on the amendment to the
zoning district map, a public hearing shall be held by the City Commission for the
purpose of acting upon the proposed amendment after public notice.
I In the case of protest against such changes, signed by the owners of 25 percent or
more of either the area of the lots included in any proposed change or those lots or
condiin tita
onits 150 feet from a lot included in a proposed change, such
............ ................. . .. .... . .. . ... . .......
amendment may not become effective except upon a favorable vote of two-thirds
of the present and voting members of the City Commission. W - Jft
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pl'OtcSts.... f'1 of ._C011�i��Mjfl tJ1.e P! :.�- V nS gat` 7 6 2 WiL3 Lw� it'G
ppj) . The provisions of subsection 18.70.030.D include the ability for an
applicant to protest a possible decision to adopt a zoning less than originally
requested when the applicant meets the same criteria as other affected
landowners.
2. If the City Commission intends to adopt a zoning designation different than that
applied for, the hearing will be continued for a minimum of one week to enable
the applicant to consider their options and whether to protest the possible action.
In the case of protest against a change to the zoning map by the applicant the
same favorable vote of two- thirds of the present and voting members of the City
Commission is required as for any other protested zoning action.
Section 17
That title 18, Unified Development Ordinance, of the Bozeman Municipal Code be amended by
adding a new section to be numbered 18.80.1945 to read as follows:
18.80.1945 MURAL
A visual representation using; texture, colors, forms, or symbols, which does not meet the
definition of a sign, placed on a solid, non - transparent vertical surface such as a wall of a
building.
Section 18
That title 18, Unified Development Ordinance, of the Bozeman Municipal Code be amended by
changing section 18.80.3210 to read as follows:
18.80.3214 WINDOW SIGN
Any sign painted, attached, glued or otherwise affixed to a window or suss pcjq � n 1. .
rrna b c s behi i a rp_dP for the purpose of being visible from the exterior of the building.
Section 19
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 20
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
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the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and
effect.
Section 21
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 22
Codification
The provisions of Section I shall be codified as appropriate in Title 2, Administration, and the
provisions of Sections 2-18 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 23
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 `h day of June 201
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Page 1 5 of 16
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 11 "' day of
July 2011. The effective date of this ordinance is August 10. 2011.
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APPROVED AS TO FORM:
GRF` ILAWIVAN
City/ Vorney
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