HomeMy WebLinkAboutOrdinance No. 1827 & 1828.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Director
Tim McHarg, Planning Director
SUBJECT: Municipal Code Amendment #Z-12064 – First Reading and Preliminary Adoption of Ordinances 1827 and 1828 to amend the text of the Unified Development Code to revise the provisions establishing the Board of Adjustment and its operations to enable the City
Commission to place it on hiatus and to consolidate references to review authorities throughout
Chapter 38, Unified Development Code, and expand administrative approval authority. Amend
additional sections which are relevant to the same topic if a need to do so is identified during the public review process.
MEETING DATE: August 27, 2012
AGENDA ITEM TYPE: Action (Legislative Item)
RECOMMENDATION: Preliminarily adopt Ordinances 1827 and 1828 amending the text of
the Unified Development Code to revise the provisions establishing the Board of Adjustment and its operations to enable the City Commission to place it on hiatus and to consolidate references to review authorities throughout Chapter 38, Unified Development Code, and expand
administrative approval authority.
RECOMMENDED MOTIONS: Motion 1: “Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application Z-12064 and move to preliminarily approve
Ordinance 1827 amending Chapter 2 and Chapter 38 of the Bozeman Municipal Code.”
Motion 2: “Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application Z-12064 and move to preliminarily approve Ordinance 1828 amending
Chapter 38 of the Bozeman Municipal Code.”
BACKGROUND: The Zoning Commission considered this draft ordinance at a public hearing on July 31, 2012. There was no public comment. They recommend adoption of this ordinance.
Land use standards and procedures must be periodically updated to accommodate changing
community needs, priorities, regulatory requirements and changing knowledge. The City of Bozeman continually monitors its Unified Development Code as it is applied to the community. Needed changes are identified as they arise and processed as opportunity permits.
184
The City Commission adopts a work program establishing priorities for staff to work on to
improve City operations. The most recent work program included several items which are
addressed in these code amendments. These included directives 1(c) to expand Planning Director
administrative approvals and 1(d) to implement administrative deviation and alternative compliance processes. The City Commission directed staff on April 9, 2012 to prepare text
amendments to modify the provisions for the Board of Adjustment (BOA) so that the Board may
act either as an independent body or its role may be assumed by the City Commission.
A memo summarizing the approval duties throughout the Unified Development Code was prepared for the City Commission in August 2011. This memo identified several recommended
changes to approval authorities. The City Commission accepted these recommendations and
requested staff to proceed with code amendments as opportunity presented. Fourteen of the 20
recommendations are implemented with this set of code amendments. The others are of a
different subject better addressed through a separate amendment.
Given the interrelated nature of the various directed amendments, they are being processed as a
single application although they have been separated into two ordinances to provide a single
topic for each ordinance. Key components of the proposed amendments are:
1. Relocate the sections of code which establish the BOA from Chapter 38 to Chapter 2. Chapter 2 is the location within the municipal code where advisory boards and
commissions are located. Consolidation of this text will assist users of the code to find
relevant information on the other bodies appointed by the City Commission. This change
does not alter the responsibilities of the BOA but improves the organization of the overall
municipal code. (Section 1 of Ordinance 1827)
2. Create provisions for the BOA to be activated or placed on hiatus by the City
Commission without having to amend the municipal code every time which amendment
process is slow and costly. The proposed text provides for public notice and hearing
before any action to activate or deactivate an independent BOA. The provisions set forth
the process for either option. (Section 1 of Ordinance 1827) Various related sections in Chapter 38 are amended to reflect the changes. (Sections 2-4 and 6 of Ordinance 1827) A
Board of Adjustment is required by state law when a municipality uses zoning powers.
However, the exact nature, composition, and duties of the BOA are somewhat variable.
Review duties are discussed in item 3 below.
3. Establish a single section of the municipal code, 38.34.010, which assigns responsibility for review of all actions under Chapter 38, Unified Development Code. Presently, these
are scattered throughout the Chapter and are not consistent. This reflects many changes
over the years which did not catch all the places throughout the code where a reference to
an approval authority was made. This results in confusion and conflict within the code. It
also makes it more expensive to edit the code. The proposed change enables staff, appointed and elected officials, and the public to more easily identify who is responsible
for what actions under the code. This section assigns duties to various officers and
identifies those things which are specifically reserved to the City Commission. Desired
changes in the future can then be made to a single section instead of multiple sections
scattered through Chapter 38. Currently these references to various approval authorities are scattered across 132 different sections of the municipal code. (Section 5 of Ordinance
1827)
The following responsibilities for review are reserved to the Commission under the
current text and could be delegated to the BOA as described in item 2 above at the
discretion of the Commission.
185
• Review of variances
• Review of conditional use permits
• Review of deviations beyond those delegated to the planning director (i.e. more than 20% change to a standard or more than 2 deviations)
• Designation of historic or culturally significant signs;
The following responsibilities for review are specifically reserved to the Commission under the current text and would require a text amendment to delegate to another review authority.
• Extensions of subdivision preliminary plat approvals for periods greater than two
years;
• Planned unit development preliminary plans and major amendments to planned unit developments;
• Conduct public hearing for applications under 76-2-402, MCA; (includes City
projects)
• Appeals from administrative interpretations and final project review decisions;
• Approval of park master plans;
• Large scale retail per Section 38.22.180.
• Exceptions to installation of bikeways and boulevard trails per 38.24.110.E
4. Expand administrative review authority of the Planning Director by a) including authority
to review and approve city owned projects which specifically follow all the standards of
the ordinance, this review is presently kept by the City Commission; b) allow the Planning Director to approve deviations within the conservation overlay district and the entryway overlay district when there are not more than two deviations and no deviation
requests more than 20% of a change in the standard. These actions are in paragraph B of
Section 38.34.010. (Section 5 of Ordinance 1827)
5. Modify the process for review and action on proposals to demolish structures within the conservation overlay district. This removes automatic public hearing requirements and allows greater flexibility in updating historic inventory forms. (Section 14 of Ordinance
1828)
The remaining sections of Ordinance 1827 and Ordinance 1828 carry out the changes in
references to review authorities and associated minor changes to sections being edited.
UNRESOLVED ISSUES: Does the City Commission wish to proceed with the proposed amendments?
ALTERNATIVES: The City Commission could decline to approve the ordinance or could
propose alternative text.
FISCAL EFFECTS: This Zone Code Amendment and Ordinance does not have a direct expense to the City. Reducing the number of public hearings will reduce both costs and offsetting application fee revenues
Attachments: Ordinance 1827
Ordinance 1828
186
Staff report
Zoning Commission minutes and resolution
Report compiled on: August 16, 2012
187
Page 1 of 16
ORDINANCE NO. 1827
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE
AMENDED BY CREATING SECTIONS 2.05.2800, 2.05.2810, 2.05.2820, AND
2.05.2830 TO RELOCATE AND MODIFY PROVISIONS CREATING THE ZONING
BOARD OF ADJUSTMENT; AND BY AMENDING SECTIONS 38.17.090 TO
CHANGE REFERENCE TO REVIEW AUTHORITY, 38.33.010.G TO REMOVE
BOARD OF ADJUSTMENT PROCEDURES FROM CHAPTER 38 AND ADD CROSS
REFERENCE, 38.33.020.E REMOVE REFERENCE TO BOARD OF ADJUSTMENT,
38.34.010 RELOCATE ASSIGNMENT OF REVIEW AUTHORITY FOR ALL
ENTITIES AND PROCEDURES, 38.35.010 TO REMOVE REFERENCE TO BOARD
OF ADJUSTMENT, 38.35.020 CLARIFY REVIEW AUTHORITY AND PUBLIC
COMMENT PROVISIONS, 38.35.060 TO REVISE PROVISIONS FOR
PROCESSING OF ZONING VARIANCES, AND 38.40.020.A.5 TO CLARIFY
APPLICATION OF PUBLIC COMMENT AND MEETING PROCESSES, WHICH
AMENDMENTS WILL REVISE THE TERMS FOR THE ESTABLISHMENT AND
OPERATIONS OF A ZONING BOARD OF ADJUSTMENT TO ENABLE
FLEXIBILITY IN ITS APPOINTMENT AND ASSIGNMENT OF
RESPONSIBIILITIES AND TO CONSOLIDATE REFERENCES TO REVIEW
AUTHORITIES THROUGHOUT CHAPTER 38.
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 3, MCA, and other authorities; and
188
Page 2 of 16
WHEREAS, Sections 76-2-321 through 76-2-328, MCA establishes requirements for
a Board of Adjustment and describes various functions and responsibilities of a zoning Board of
Adjustment; and
WHEREAS, Section 76-2-321, MCA, allows the City Commission to retain functions
and responsibilities of a Board of Adjustment when in their legislative judgment it is appropriate
to do so; and
WHEREAS, the adoption of ordinances or amendments to ordinances is time
consuming and slow to respond to changing circumstances; and
WHEREAS, the City Commission of Bozeman intends to establish a structure within
the municipal code and consistent with state law to enable the appointment and operation of a
Board of Adjustment at such times and with such duties as the City Commission deems
necessary and which can be responsive to community need; 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 July 31, 2012
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
189
Page 3 of 16
WHEREAS, as shown in Zoning Commission Resolution Z-12064, 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 August
20, 2012 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 community than the text as presently exists; and
WHEREAS, at its public hearing on August 20, 2012, 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 Chapter 2, Administration, Article 5, Boards and Commissions of the Bozeman Municipal
Code be amended by adding a new division 16 to read as follows:
2.05.2800 BOARD OF ADJUSTMENT ESTABLISHED--POWERS AND DUTIES.
A. Pursuant to and under the provisions of Title 76, Chapter 2, Part 3, Montana Code Annotated, the city commission may create and establish by resolution a municipal board of adjustment (BOA) 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 BOA. The city
commission may choose to retain to itself the role and responsibilities of the BOA.
B. If the city commission chooses to establish a BOA separate from the city commission by
appointing members, the city commission shall by resolution grant and delegate to the board of
190
Page 4 of 16
adjustment those of the rights, privileges, powers, duties and responsibilities as they deem
appropriate while retaining to itself those privileges, powers, duties and responsibilities not so
delegated.
C. The city commission may by resolution dissolve a previously constituted BOA and by
such resolution shall reclaim to itself all authority and responsibility of the board and any
applications which may be in review process at that time for which a public hearing or public meeting before the BOA has been advertised. A resolution to form or dissolve a BOA shall not
be passed until after the city commission shall hold a public hearing on the resolution after
giving public notice meeting the requirements of Section 7-1-4127, MCA. Adoption of a
resolution establishing or dissolving a BOA shall have such an effective date as will not interfere
with the consideration of a development application for which a public hearing has been noticed.
2.05.2810 JURISDICTION.
The board of adjustment shall have such jurisdiction as provided by state law and delegated by
the city commission.
2.05.2820 COMPOSITION.
A. When a separate board is appointed it shall consist of seven members. The term of
appointment is for three years, with staggered terms. Members shall be appointed by the city
commission. A member may be removed per MCA 76-2-322.
B. In selecting the members, the city commission shall give preference to residents of the city. However, where a qualified resident is not available to serve, the city commission may appoint
up to one nonresident member who practices professionally, owns property or owns a business
within the city.
1. Preference should be given to applicants who have prior experience with local
government, who will uphold the intent and purpose of the city's land use regulations, and who will honor the purpose of a board of adjustment.
2.05.2830 PROCEDURES
The BOA will be convened as necessary to review applications and conduct such other business as may be delegated by the city commission or necessary to the proper function of the board. To accomplish this purpose, certain procedures shall be adopted which may include, without
limitation, a regularly scheduled meeting attended by members of the BOA. A record of the
reviews and decisions shall be made. These records shall be preserved as part of the official
proceedings for each development proposal. The BOA shall generally follow "Robert's Rules of Order" and may prepare and adopt supplemental procedural rules, upon the approval of the city commission, that will ensure the accomplishment of the stated purpose and promote the
efficiency and effectiveness of the review process. The concurring vote of four members of the
BOA is required to approve or approve with conditions any application or other action.
Section 2 Section 38.17.090 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
191
Page 5 of 16
Sec. 38.17.090. - Appeals.
Aggrieved persons, as defined in article 42 of this chapter, may appeal the decision of the
planning director, board of adjustment or city commission review authority pursuant to the
provision of article 35 of this chapter. In such event, the issuance of a certificate shall be stayed until the appeal process has been completed.
Section 3
Section 38.33.010.G of the Bozeman Municipal Code be amended so that such section shall read
as follows:
G. Board of adjustment procedures established. The BOA will be convened as necessary to
review applications for variances or deviations or site plan applications involving variances or
deviations. The BOA will also review applications for conditional use permits. To implement
this purpose, certain procedures shall be adopted which may include, without limitation, a
regularly scheduled weekly or biweekly meeting attended by members of the BOA. A record of the reviews and decisions shall be made. These records shall be preserved as part of the official
proceedings for each development proposal. Lastly, the BOA shall generally follow "Robert's
Rules of Order" and may prepare and adopt supplemental procedural rules, upon the approval of
the city commission, that will ensure the accomplishment of the stated purpose and promote the
efficiency and effectiveness of the review process.
1. The BOA shall consist of seven members. The term of appointment is for three years, with staggered terms. Members shall be appointed by the city commission. A member may
be removed per MCA 76-2-322. The concurring vote of four members of the board is
required to take official action.
2. In selecting the members, the city commission shall give preference to residents of the city. However, where a qualified resident is not available to serve, the city commission may
appoint up to one nonresident member who practices professionally, owns property or owns
a business within the city.
a. Preference should be given to applicants who have prior experience with local
government, who will uphold the intent and purpose of the city's land use regulations, and who will honor the purpose of a board of adjustment. The BOA will be convened
as necessary and shall follow procedures as set forth in 2.05.2830, BMC.
Section 4
Section 38.33.020.E of the Bozeman Municipal Code shall be repealed and subsections F and G shall be renumbered accordingly:
E. BOA action. After the applicants' proposal is found sufficient for review, the schedule for
BOA action to approve, approve with conditions, table pending submission of revised or
additional materials, or deny the applicant's proposal shall be established.
192
Page 6 of 16
Section 5 Section 38.34.010 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.34.010. - Review authority.
A. The city commission has the right to review and require revisions to all development proposals subject to this chapter, and delegates that authority in certain circumstances as set forth
below as set forth in this section to the planning director and board of adjustment, reserving to
itself the right to hear appeals from decisions of the planning director and informational hearings
required by MCA 76-2-402. The purpose of this review is to prevent demonstrable adverse impacts of the development upon public safety, health or general welfare, or to provide for its mitigation; to protect public investments in roads, drainage facilities, sewage facilities, water
facilities, and other facilities; to conserve the value of adjoining buildings and/or property; to
protect the character of the city; to protect the right of use of property; advance the purposes and
standards of this chapter and the adopted growth policy; and to ensure that the applicable regulations of the city are upheld.
1. The City Commission retains to itself under all circumstances the review of the
following:
a. Subdivisions which do not qualify as a subdivision exemption per article 5 of this
chapter
b. Amendments to the text of this chapter or amendment to the zoning map;
c. Determination to accept cash-in-lieu of park land dedications, except in the B-3
zone district;
d. Extensions of subdivision preliminary plat approvals for periods greater than two
years;
e. Planned unit development preliminary plans and major amendments to planned unit developments;
f. Conduct public hearing for applications under 76-2-402, MCA;
g. Appeals from administrative interpretations and final project review decisions;
h. Approval of park master plans;
i. Large scale retail per Section 38.22.180; and
j. Exceptions to installation of bikeways and boulevard trails per 38.24.110.E.
B. The planning director shall, upon recommendation from the DRC, DRB, ADR, or WRB or
other advisory body as may be applicable approve, approve with conditions or deny all
applications subject to this chapter except those listed below, conditional use permits, planned unit developments and subdivisions, those applications specifically reserved to another approval
authority, or any application involving deviations or variances.. Decisions of the planning
director are subject to the appeal provisions of article 35 of this chapter.
193
Page 7 of 16
1. Projects excluded from Planning Director review:
a. Those applications specifically reserved to another approval authority as stated in
this section;
b. Development of city property which does not conform to all standards of this chapter;
c. Conduct public hearing for applications under 76-2-402 MCA;
d. Any application involving variances from this chapter;
e. Subdivision preliminary and final plats not meeting the requirements for a
subdivision exemption per Article 5;
f. Conditional use permits;
g. Preliminary plans and major amendments to planned unit developments;
h. Large scale retail per Section 38.22.180;
i. Exceptions to design standards for transportation pathways per section
38.24.110.E
j. Applications, except within the B-3 zoning district, which propose the use of cash-in-lieu of parkland per Section 38.27.030;
k. Approval of park master plans,
l. Designation of historic or culturally significant signs;
m. Applications with deviations except that the planning director is the review authority for applications which have:
(1) two or fewer deviations, which deviations may not request a more than 20%
change in the standard for which the deviation is sought, and
(2) which are not otherwise prohibited to the planning director for their review;
n. Amendments to the text or the zoning map per Articles 36 and 37;
o. Extensions to subdivision review for periods exceeding two years; and
p. Appeals from final administrative action on interpretations or project final
decisions;
1.2. Exception. The city commission may, by an affirmative, 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.
C. When a board of adjustment has been appointed per Section 2.05.2800, BMC the The board
194
Page 8 of 16
of adjustment shall, upon recommendation from the DRC, DRB, ADR, or WRB or other
advisory body as may be applicable approve, approve with conditions or deny those applications
specifically delegated to it by the city commission for all variances and deviations, site/sketch
plans with variances or deviations, or conditional use permits subject to this chapter, except planned unit developments and subdivisions. Decisions of the BOA are subject to the appeal
provisions of article 35 of this chapter.
1. Exception. The city commission may, by an affirmative vote of three of its members at
a regularly scheduled meeting reclaim to itself the final approval of a development normally
subject to the approval of the board of adjustment. The vote shall occur prior to the action of the board of adjustment.
D. As detailed in article 33 of this chapter, the city commission authorizes the development
review committee, design review board, administrative design review staff, wetlands review
board, and other advisory bodies as applicable, to review and to make recommendations to the
planning director, BOA, or city commission regarding development proposals.
D. The City Engineer shall review and upon recommendation from the DRC, DRB, ADR or WRB or other advisory body as needed approve, approve with conditions or deny the following
site elements and processes:
1. Site access and storm water for reuse and further development per section
38.19.140.B;
2. Location of storm water facilities within neighborhood centers per 38.23.020;
3. Allow the placement of private utility easements within public rights-of-way owned or
controlled by the city.
4. The maximum length of dead end water mains per 38.23.070;
5. The maximum length of service lines per 38.23.070;
6. Exceptions to storm water controls per 38.23.080;
7. All modifications or proposed standards in 38.24.010 except 38.24.010.A.1;
8. Approve plans and specifications for public infrastructure and infrastructure to be
granted to the public per 38.24.060.A & B.1-3;
9. Allow alternate curb return radii per 38.24.090.C.2.e;
10. Approve locations and modifications to drive accesses to public streets per 38.24.090.G&H;
11. Approve street improvement standards per 38.24.060;
12. Backing into alleys, parking stall aisle and driveway design for surfacing and curbing
per 38.25.020.D,F&J;
13. Protection of landscaped area per 38.26.050.H;
195
Page 9 of 16
14. All actions required of the flood plain administrator per article 31;
15. Approve modifications in required completion time for subdivision improvements per
38.39.030.B.1;
16. Permit the use of a financial guarantee for paving of streets per 38.39.060.B;
17. Allow waiver of required information per 38.41.080.A.2.i(3).
18. Require preparation of a traffic impact analysis and determine its contents per
38.41.120.A.2.c(5).
19. Establish specifications for paving of streets and parking areas; and
20. Designate street classifications for collectors and arterials not shown in the long range transportation plan.
E. The Director of Public Service shall review and upon recommendation from the DRC,
DRB, ADR or WRB or other advisory body as needed approve, approve with conditions or deny
the following development elements and processes:
1. A waiver of the requirement to extend water, sewer, and streets to the perimeter of property being developed per section 38.23.070;
2. Water rights as authorized in 38.23.180;
3. Exceptions to the level of service standards established in 38.24.060.D.4.
F. The director of parks and recreation shall determine the classification of trails per
38.27.110.D.
G. As detailed in article 33 of this chapter, the city commission authorizes the DRC, DRB,
WRB, or ADR staff, and other advisory bodies as applicable, to review and to make
recommendations to the review authority regarding development proposals.
E.H. The city commission or its designated representatives may require the applicant to design
the proposed development to reasonably minimize potentially significant adverse impacts identified through the review required by these regulations. The city commission or its
designated representatives may not unreasonably restrict a landowner's ability to develop land,
but it is recognized that in some instances the unmitigated impacts of a proposed development
may be unacceptable and will preclude approval of the development as submitted. Recognizing
that the standards of this chapter are minimum requirements and the public health, safety, and general welfare may be best served by exceeding those minimums, the city commission or
planning director may require as a condition of approval, additional landscaping, screening,
timing requirements, setbacks or other mitigation exceeding the minimums of this chapter.
Section 6 Section 38.35.010 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
196
Page 10 of 16
Sec. 38.35.010. - Purpose.
A. This article is adopted:
1. To establish procedures for granting relief from the requirements of this chapter
subject to the standards of this article in order to preserve equitable implementation of the law, prevent special treatment to particular parties and preserve the various rights established by the state and United States constitutions of all persons subject to this chapter;
2. To provide through appeals of administrative interpretations a procedure for
consideration of and resolution of disputes regarding the meaning and implementation of
this chapter;
3. To provide through deviations a procedure for flexibility, as a means to support creativity and excellence of design, in the application of the standards of this chapter in
overlay districts and planned unit developments as provided for in this chapter;
4. To provide through zoning variances a procedure for relief from the occasional
inequities created by the physical standards of this chapter relating to zoning when such standards create a substantially unequal burden on a particular parcel of land in a fashion that would otherwise prevent the reasonable use of property, owing to physical
circumstances unique to that parcel;
5. To prohibit the granting of variances that would be contrary to the public interest and
endanger public health, safety and welfare;
6. To provide through subdivision variances a procedure for relief from standards relating to platting requirements or improvements within public rights-of-way when such
standards would result in undue hardship and are not essential to the public health, safety
and general welfare; and
7. To allow for appeals from decisions made by administrative staff approving, approving with conditions or denying applications for development approval.
B. The board of adjustment shall hear and decide variances and deviations as follows:
1. Authorize in specific cases such deviations from the terms of this chapter relating to
zoning as will advance the intent and purposes of this chapter and meet the standards
established for the granting of deviations;
2. Authorize in specific cases such zoning variances from the physical standards of this chapter, exclusive of those items included as subdivision variances, that will not be contrary
to the public interest, where owing to special conditions a literal enforcement of the
provisions will result in unnecessary hardship, and so that the spirit of this chapter shall be
observed and substantial justice done.
C. B. The city commission review authority shall hear and decide appeals of administrative
decisions, variances, and deviations as follows:
1. When having original authority or having reclaimed per section 38.34.010.C:
197
Page 11 of 16
a. Authorize in specific cases such deviations from the terms of this chapter relating
to zoning as will advance the intent and purposes of this chapter and meet the
standards established for the granting of deviations; and
b. Authorize in specific cases such zoning variances from the physical standards of this chapter, exclusive of those items included as subdivision variances, that will not
be contrary to the public interest, where owing to special conditions a literal
enforcement of the provisions will result in unnecessary hardship, and so that the spirit
of this chapter shall be observed and substantial justice done.
2. Authorize in specific cases such subdivision variances from the platting requirements and standards for improvements within public rights-of-way required by this chapter where it is found that strict compliance would result in undue hardship and is not essential to the
public health, safety and general welfare.
3. Consider appeals from decisions of the planning director regarding subdivision
exemptions.
4. Consider deviations to standards of the title when proposed through a planned unit development.
5. Hear and decide appeals where it is alleged there is error in any order, requirement,
decision or determination made by an administrative official in the enforcement of this
chapter or of any standards adopted pursuant thereto. An aggrieved person may appeal the final decision of the planning director in the manner provided in this article.
Section 7
Section 38.35.020 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.35.020. - Hearing and notice requirements.
A. There shall be an opportunity for public comment to the review authority a hearing before
the board of adjustment or city commission for any appeal of administrative decisions and
interpretations and for each application for any variance or deviation. When a public hearing is
required the The hearing shall be held at an appointed time and place. Testimony Comment shall be taken by the BOA or commission review authority from persons interested in the application
and from the planning department staff.
B. The planning director or city clerk shall give public notice as required by article 40 of this
chapter of all public hearings or public comment periods. to be held before the BOA or city
commission. Notification of appeal procedures shall be included in the initial posting and notice of the proposal, provided that an initial posting and notice is required by article 40 of this
chapter.
Section 8
Section 38.35.060 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
198
Page 12 of 16
Sec. 38.35.060. - Zoning variances.
A. Application. A request for one or more variance shall be made by filing an application, with
appropriate fees, with the planning department director at least 30 calendar days prior to the
BOA hearing review authority’s consideration of the application and shall be accompanied by the materials described in section 38.41.160
B. Investigation of facts. The BOA review authority shall cause to be made such investigation
of facts bearing on the application as will provide necessary information to ensure that the action
on each such application is consistent with the intent and purpose of this chapter.
C. Criteria for consideration and decision. In acting on an application for a variance, the BOA review authority shall designate such lawful conditions as will secure substantial protection for
the public health, safety and general welfare, and shall issue written decisions setting forth
factual evidence that the variance meets the standards of MCA 76-2-323 in that the variance:
1. Will not be contrary to and will serve the public interest;
2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this chapter:
a. Hardship does not include difficulties arising from actions, or otherwise be self-
imposed, by the applicant or previous predecessors in interest, or potential for greater
financial returns; and
b. Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regulations on
previously lawful lots, and governmental actions outside of the owners control;
3. Will observe the spirit of this chapter, including the adopted growth policy, and do
substantial justice;
4. In addition to the criteria specified above, in the case of a variance relating to the flood
hazard provisions of article 31 of this chapter:
a. Variances shall not be issued for areas within a floodway if any additional
increase in flood elevations or velocities after allowable encroachments into the
floodway fringe would result;
b. Variances shall only be issued upon:
(1) A determination that the granting of a variance will not result in increased
flood hazards, present additional threats to public safety, be an extraordinary
public expense, create nuisances, cause fraud, victimize the public, or conflict
with existing state and local laws;
(2) A determination that the proposed use would be adequately floodproofed as specified in article 31 of this chapter;
199
Page 13 of 16
(3) A determination that a reasonable alternate location outside the floodplain is
not available;
(4) A determination that the variance requested is the minimum necessary to
afford relief, considering the flood hazard; and
(5) Approval of the state department of natural resources and conservation, upon request from the city, prior to formally approving any permit application
that is in variance to these regulations.
D. Authorization and limitations on approval.
1. The BOA review authority may, after public notice, opportunity for public comment, and consideration of the application hearing, deny, approve or conditionally approve all
requests for variances meeting all the criteria of this section, including:
a. Requests to modify dimensional or other numerical requirements of this chapter;
b. Requests for multiple variances;
c. Requests to modify flood hazard district requirements subject to the provisions of article 31 of this chapter, except that no variance shall be granted to allow construction
of buildings within the floodway of a 100-year frequency flood as defined in title 76,
chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.); and
d. Requests for variances in conjunction with conditional use permits, except
planned unit developments. Approvals of all such variances shall be conditioned upon BOA review authority approval of the conditional use permit.
2. The scope and extent of the variance shall be limited to the minimum relief necessary
to provide reasonable use of the property.
3. In no case may the BOA review authority grant variances to allow uses not already
permitted pursuant to this chapter or alter administrative requirements of this chapter. Permission to change uses allowed on a parcel may be sought through a zone map
amendment, or an amendment to the text of the applicable zoning district, or through a
planned unit development subject to Article 38.20.
4. The concurring vote of four members of the BOA shall be necessary to effect any
variance of this chapter.
5.4. Notifications of approval for variances related to flood hazard requirements of article
31 of this chapter shall notify the applicant that:
a. The issuance of a variance to construct a building below the 100-year floodplain
elevation will result in increased premium rates; and
b. Such construction below the 100-year flood elevation increases risks to life and property.
E. Effective time for BOA decisions; variances void when. The decision of the BOA review
200
Page 14 of 16
authority shall be final except as provided in section 38.35.080. If a building permit or land use
permit is not obtained for the subject property within six months from the date of the BOA's
review authority’s decision, the variance shall be automatically canceled and become null and
void.
F. Variances. Variances are subject to MCA 76-2-321 through 76-2-328.
Section 9
Section 38.40.020.A.5. of the Bozeman Municipal Code be amended so that such section shall
read as follows:
5. The number, date, time and place of all relevant scheduled public hearings and public
meetings at which final decisions will be made by the city commission, board of
adjustment, public hearings by the planning board or zoning commission, meetings of other
review bodies established by this chapter at which final decisions shall be made, or the date
of any final public comment deadline;
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
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
201
Page 15 of 16
The provisions of Section 1 shall be codified as appropriate in Chapter 2 of the Bozeman
Municipal Code; and
The provisions of Sections 2-9 shall be codified as appropriate in Chapter 38 of the Bozeman
Municipal Code
Section 15
Effective Date
This ordinance shall be in full force and effect on the ______ day of _________ 2012.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana,
on first reading at a regular session held on the ______ day of _________ 2012.
____________________________________ SEAN A. BECKER Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN City 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 ____ day of ________________, 2012. The effective date of this ordinance is the _______ of
_______ 2012.
202
Page 16 of 16
____________________________________
SEAN A. BECKER
Mayor ATTEST:
_______________________________ STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
203
Page 1 of 65
ORDINANCE NO. 1828
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE
CHANGED BY AMENDING SECTIONS 38.01.080, 38.02.030, 38.03.040, 38.04.040,
38.05.070, 38.05.090, 38.08.020, 38.07.070, 38.09.020, 37.11.070, 38.16.020, 38.16.080,
38.17.020, 38.17.050, 38.17.080, 38.19.060, 38.19.070, 38.17.090, 38.19.110, 38.19.140,
38.20.020, 38.20.030, 38.20.040, 38.20.070, 38.20.080, 38.20.090, 38.21.030, 38.21.060,
38.22.110, 38.22.120, 38.22.130, 38.22.180, 38.22.150, 38.22.180, 38.22.190, 38.22.200,
38.23.010, 38.23.020, 38.23.060, 38.23.070, 38.23.080, 38.23.150, 38.24.010, 38.24.060,
38.24.090, 38.24.110, 38.24.120, 38.25.020, 38.24.040, 38.25.050, 38.24.060, 38.26.040,
38.26.050, 38.26.060, 38.26.080, 38.27.020, 38.27.030, 38.27.040, 38.27.050, 38.27.070,
38.27.100, 38.27.110, 38.28.060, 38.28.070, 38.28.080, 38.28.170, 38.28.180, 38.28.190,
38.29.040, 38.30.040, 38.30.060, 38.30.070, 38.31.060, 38.31.090, 38.32.020, 38.32.030,
38.33.010, 38.34.020, 38.34.060, 38.34.160, 38.35.030, 38.35.040, 38.35.050, 38.35.070,
38.39.020, 38.39.030, 38.39.060, 38.41.060, 38.41.070, 38.41.080, 38.41.090, 38.41.120,
38.41.140, 38.41.160, 38.42.890, 38.42.1070, 38.42.2280, AND 38.42.2990, TO
CONSOLIDATE REFERENCES TO REVIEW AUTHORITIES THROUGHOUT
CHAPTER 38 IN CONJUNCTION WITH ORDINANCE 1827 AND TO MODIFY
THE PROCESS FOR REVIEW AND APPROVAL OF DEMOLITION OR
MOVEMENT OF STRUCTURES WITHIN THE NEIGHBORHOOD
CONSERVATION OVERLAY DISTRICT.
WHEREAS, the City of Bozeman has adopted a Unified Development Code (UDC)
which establishes standards and procedures for development under the City’s authority to zone
established in Title 76, Chapter 2, Part 3, MCA, and other authorities; and
204
Page 2 of 65
WHEREAS, Administration of the adopted procedures of the Unified Development
Code require designation of what entity or person has approval authority of the different types of
applications and standards; and
WHEREAS, Over time the references have become distributed throughout the entire
Unified Development Code which makes the regulations more difficult to understand and
administer; and
WHEREAS, Clarity of language in regulations is an advantage to all citizens and
administrators and is therefore to be sought for and created; and
WHEREAS, the City Commission has directed revisions to the structure of the code as
it applies to the zoning Board of Adjustment through Ordinance 1827 which makes it timely and
appropriate to coordinate and consolidate references to review authorities throughout Chapter 38,
BMC at this time; and
WHEREAS, the proposed (UDC) text amendment application has been properly
submitted, and reviewed, and all necessary public notice was given for all public hearings; and
WHEREAS, the Zoning Commission held a public hearing on July 31, 2012 to receive
and review all written and oral testimony on the request for a (UDC) text amendment; and
WHEREAS, No members of the public offered comment on the proposed ordinance;
and
WHEREAS, as shown in Zoning Commission Resolution Z-12064, the Zoning
Commission recommended to the City Commission that the proposed (UDC) text amendments
be approved; and
205
Page 3 of 65
WHEREAS, after proper notice, the City Commission held a public hearing on August
20, 2012, to receive and review all written and oral testimony on the request for a text
amendment to the (UDC); and
WHEREAS, the City Commission reviewed and considered the relevant (UDC) text
amendment criteria established by Section 76-2-304, M.C.A., and found the proposed (UDC)
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 August 20, 2012, the City Commission found that
the proposed (UDC) 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 Section 38.01.080 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
B. To the extent reasonable, all city-owned land shall be subject to applicable regulations of
the underlying zoning district. Development of such land shall be subject to approval by the city commission upon review of the development review committee and other review bodies as may
be required by this chapter.
Section 2
Section 38.02.030 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
A. Correction of errors. Correction of errors that, in the opinion of the city commission, will
not materially alter the plat may be made by the submission of a corrected final plat for the city
commission's approval. The plat may be filed under the procedures for first minor subdivision
plats. The plat shall be entitled "amended plat of the (name of subdivision) subdivision," and the
reason for the correction shall be stated on the face of the plat.
B. Material alterations. Amendments that materially alter the final plat, or any portion thereof,
206
Page 4 of 65
shall be made by the filing of an amended plat showing all alterations. The amended plat shall be
approved by the city commission under the major or minor subdivision procedure, as is
appropriate. Prior to such approval, the amended plat shall be reviewed by the planning
department. The city commission may not approve an amendment which will place the plat in nonconformance with the standards contained herein unless a public hearing is held on the plat and a written variance from the standards issued pursuant to procedures contained herein for
such variances is granted. The plat shall be entitled "amended plat of (the name) subdivision,"
and the reason for the amendment shall be stated on the face of the plat.
C. Vacating recorded plats. Any plat prepared and recorded as provided by this chapter may be vacated, in whole or in part, as provided by MCA 7-5-2501, 7-5-2502, 7-14-2616(1) and (2),
7-14-2617, 7-14-4114(1) and (2), and 7-14-4115. Upon vacation, the city commission, or the
district court, as provided in MCA 7-5-2502, shall determine to which properties the title to the
streets and alleys of the vacated portions must revert. The city commission, or the district court,
as provided in MCA 7-5-2502, shall take into consideration the previous platting; the manner in which the right-of-way was originally dedicated, granted or conveyed; the reasons stated in the
petition requesting the vacation; the parties requesting the vacation; and any agreements between
the adjacent property owners regarding the use of the vacated area. The title to the streets and
alleys of the vacated portions may revert to one or more of the owners of the properties within
the platted area adjacent to the vacated portions.
1. Utility easements. When any poleline, pipeline or any other public or private facility is located in a vacated street or alley at the time of the reversion of the title to the vacated
street or alley, the owner of the public or private utility facility has an easement over the
vacated land to continue the operation and maintenance of the public or private utility
facility.
Section 3
Section 38.03.030 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.03.030. - Concurrent review.
The developer has the option of submitting a state department of environmental quality (DEQ)/local government joint application form in the place of a preliminary plat application
form, and to request concurrent subdivision review by the state department of environmental
quality and the city commission, pursuant to MCA 76-4-129.
Section 4
Section 38.03.040.A.5.b(3)(c) of the Bozeman Municipal Code be amended so that such section shall read as follows:
(c) The recommendation of the advisory bodies planning board; and
Section 5
Section 38.03.040.A.5.g of the Bozeman Municipal Code be amended so that such section shall
read as follows:
g. Extensions of preliminary plat approval period. Any mutually agreed upon
207
Page 5 of 65
extension must be in writing and dated and signed by the subdivider or their
authorized agent and by the city commission or their authorized agent. More than one
extension may be requested for a particular subdivision. Each request shall be
considered on its individual merits. An extension of the subdivision approval under this chapter does not extend other city or non-city agency approvals, e.g. for design of
infrastructure extensions, necessary to complete the project. Individual extensions may
be approved by the planning director when the extension is for a period of not more
than two years. Extensions for more than two years shall be approved by the city
commission after notice equivalent to that for a first minor subdivision. Review authority for extensions is established in Article 34. When evaluating an extension
request, the city shall consider:
(1) Changes to the development regulations since the original approval and
whether the subdivision as originally approved is essentially compliant with the
new regulations;
(2) Progress to date in completing the subdivision as a whole and any phases, including maintenance of the remainder of the site in good condition;
(3) Phasing of the subdivision 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 subdivision;
(5) Demonstrated ability of the subdivider to complete the subdivision;
(6) Whether mitigation for impacts of the subdivision identified during the
preliminary plat review and findings of fact and order remain relevant, adequate,
and applicable to the present circumstances of the subdivision and community.
Section 6 Section 38.04.040 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.04.040. - Filing of final plan.
Once the final plan has been approved by the city commission, an original copy of the approved plan shall be filed with the county clerk and recorder as a "miscellaneous" document and another
copy of the approved plan shall be retained by the engineering division of the department of
public services.
Section 7
Section 38.05.070.A of the Bozeman Municipal Code be amended so that such section shall read as follows with all subparagraphs remaining as presently written:
A. The following criteria shall be used to ensure that exemptions are not claimed for the
purposes of evading this chapter or the Act. Appeals regarding a final decision by the planning
department that an exemption is an evasion of the Subdivision and Platting Act may be taken to
208
Page 6 of 65
the city commission in the manner established for administrative project decision appeals as set
forth in section 38.35.030.
Section 8
Section 38.05.090 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.05.090. - Correction of errors.
Correction of errors may be made by the submission of a corrected certificate of survey for the
planning director's city’s approval.
Section 9 Section 38.08.020, table 38.08.020, Footnote 2 of the Bozeman Municipal Code be amended so that such section shall read as follows:
2Agricultural uses include barns and animal shelters, and the keeping of animals and fowl,
together with their dependent young, as hereinafter set forth per 2.5 acres: one horse or one cow;
two sheep or two goats; ten rabbits; 36 fowl (chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese, turkeys, etc.). For larger parcels the planning director review authority may
determine that a larger number of livestock is consistent with the requirements of this section.
Section 10
Section 38.07.070.B of the Bozeman Municipal Code be amended so that such section shall read
as follows:
B. Where physical or cultural features existing on the ground are at variance with those shown
on the official zoning map, or where other circumstances or controversy arise over district
boundaries, the planning director shall interpret the district boundary. Such interpretation is
subject to appeal as set forth in article 35. to the city commission.
Section 11 Section 38.09.020.D.3 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
3. All development review applications for property in the REMU district smaller than
five acres are subject to the standards in this article; and may be subject to review as a
master site plan per article 19 of this chapter by decision of the planning director, upon a finding by the city that:
a. The development application is for a site considered a major infill site, having a
significant impact on an existing neighborhood; or may create a center within an
existing neighborhood;
b. The proposed development is located at an intersections deemed to have special significance;
c. The proposed development may have a significant impact on existing
transportation and open space network, pedestrian and bicycle travel;
209
Page 7 of 65
d. The proposed development requires a multi-year approval and multiple phases
for completion.
Section 12
Section 38.11.070.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. A UMU district is anticipated to generally be not less than 20 acres in area. The city
commission may approve a lesser area of not less than ten acres upon finding that a
smaller area will still provide for adequate transition between adjacent districts, provide a
reasonable community setting for the intensity of the district, and that a smaller area will not constitute spot zoning.
Section 13 Section 38.16.020.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. It is intended that the The design review board DRB and administrative design review staff will review and make recommendations to the review authority city commission or planning director regarding development within the neighborhood conservation district in order to
maintain the underlying and desirable characteristics of structures and areas within such districts,
while recognizing the need for innovation and individual expression in the development of these
districts.
Section 14 Section 38.16.080 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.16.080. - Demolition or movement of structures or sites within the conservation
district.
A. The demolition or movement of any structure or site within the conservation district shall be subject to the provisions of this article and section. The review procedures and criteria for the
demolition or movement of any structure or site within the conservation district are as follows:
1. Applications for the demolition or movement of structures within the conservation
district will not be accepted without a complete submittal for the subsequent development or treatment of the site after the demolition or movement has occurred. The subsequent
development or treatment must be approved before a demolition or moving permit may be
issued.
2. The demolition or movement of conservation district principal and accessory
structures or sites, which are designated as intrusive or neutral elements by the state historical and architectural inventory, and that are not within recognized historic districts or
in other ways listed on the National Register of Historic Places, shall be subject to approval
by the planning director after review and recommendation of administrative design review
staff or design review board as per articles 19 and 33 34 of this chapter, and the standards
outlined in section 38.16.050. The state historical and architectural inventory form shall be reviewed and, if necessary, updated by a qualified professional acceptable to the state
210
Page 8 of 65
historic preservation office the historic preservation staff to reflect current conditions on the
site, prior to the review of the demolition or movement proposal. The final approval review
authority for the demolition or movement of structures or sites described within this section
shall be coordinated with the larger project when demolition or movement is rest with the city commission when proposed in conjunction with a deviation, variance, conditional use
permit or planned unit development application.
3. The demolition or movement of conservation district principal and accessory
structures or sites, which are designated as contributing elements by the state historical and
architectural inventory, and all properties within historic districts and all landmarks, shall be subject to approval by the city commission, through a public hearing. Notice of the
public hearing before the city commission shall be provided in accordance with article 40 of
this chapter. Prior to holding the public hearing, the city commission shall receive a
recommendation from administrative design review staff and the design review board. The
state historical and architectural inventory form shall be reviewed and, if necessary, updated the historic preservation staff to reflect current conditions on the site, prior to the review of
the demolition or movement proposal. The final approval authority for the demolition or
movement of structures or sites described within this section shall rest with the city
commission. The city commission shall base its decision on the following:
3. The demolition or movement of conservation district principal and accessory structures or sites, which are designated as contributing elements by the state historical and
architectural inventory, and all properties within historic districts and all landmarks, shall
be subject to public notice. Notice shall be provided in accordance with article 40 of this
chapter. Prior to any final action on the application the review authority shall receive a
recommendation from the historic preservation officer; and if the demolition does not conform to the criteria below a recommendation from the historic preservation advisory
board. The state historical and architectural inventory form shall be reviewed and, if
necessary, updated by a qualified professional acceptable to the state historic preservation
office to reflect current conditions on the site, prior to the review of the demolition or
movement proposal. The review authority for the demolition or movement of structures or sites described within this section shall be coordinated with the larger project when
demolition or movement is proposed in conjunction with a deviation, variance, site plan,
conditional use permit or planned unit development application. The review authority shall
base its decision on the following:
a. The standards in section 38.16.050 and the architectural, social, cultural and historical importance of the structure or site and their relationship to the district as
determined by the state historic preservation office and the planning department.
b. If the commission review authority finds that the criteria of this section are not
satisfied, then, before approving an application to demolish or remove, the
commission review authority must find that at least one of the following factors apply based on definitive evidence supplied by the applicant, including structural analysis
and cost estimates indicating the costs of repair and/or rehabilitation versus the costs
of demolition and redevelopment:
(1) The structure or site is a threat to public health or safety, and that no
211
Page 9 of 65
reasonable repairs or alterations will remove such threat; any costs associated
with the removal of health or safety threats must exceed the value of the
structure.
(2) The structure or site has no viable economic or useful life remaining.
4. If an application for demolition or moving is denied, issuance of a demolition or moving permit shall be stayed for a period of two years from the date of the final decision
in order to allow the applicant and city to explore alternatives to the demolition or move,
including, but not limited to, the use of tax credits or adaptive reuse. The two-year stay may
be terminated at any point in time if an alternate proposal is approved or if sufficient additional evidence is presented to otherwise satisfy the requirements of subsection 2 or 3 of this section.
5. All structures or sites approved for demolition or moving shall be fully documented in
a manner acceptable to the historic preservation planner and administrative design review
staff prior to the issuance of demolition or moving permits.
6. In addition to the remedies in article 34 of this chapter, the owner of any structure or site that is demolished or moved contrary to the provisions of this section, and any contractor
performing such work, may be required to reconstruct such structure or site in a design and
manner identical to its condition prior to such illegal demolition or move, and in
conformance with all applicable codes and regulations
Section 15 Section 38.17.020.B of the Bozeman Municipal Code be amended so that such section shall read
as follows:
B. It is the intent of this article to establish design criteria, standards and review procedures
that will allow the city and its advisory boards and agencies to review and direct, in a fair and equitable manner, the development and redevelopment of future and existing properties and
facilities within the entry corridors. The recommendations of the design review board or
administrative design review staff shall be given careful consideration in the final action of the
review authority planning director, board of adjustment, or the city commission.
Section 16 Section 38.17.050 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.17.050. - Certificate of appropriateness.
A. A certificate of appropriateness received from the reviewing authority after
recommendation by the administrative design review staff or design review board, shall be required before any and all alterations other than repair as defined in article 42 of this chapter,
are undertaken upon any structure in the entryway corridor. For alterations not requiring city
commission approval, cCompliance with the planning director's review authority’s decisions will
be mandatory subject to appeal to the city commission as set forth in article 35 of this chapter.
Application procedures are as follows:
212
Page 10 of 65
1. No building, demolition, sign, conditional use permit or moving permit shall be issued
within an entryway corridor until a certificate of appropriateness has been issued by the
appropriate review authority and until final action on the proposal has been taken.
2. Application, review and public notice procedures for proposals located within entryway corridors are set forth in articles 19, Review Procedures for Site Development; 33,
Development Review Committee, Design Review Board, Administrative Design Review
Staff and Wetlands Review Board; and 40, Noticing, of this chapter.
3. A denial of a certificate shall be accompanied by a written statement of reasons for the
denial.
Section 17 Section 38.17.080 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.17.080. - Deviation from overlay or underlying zoning requirements.
A. To accomplish the intent and purpose of this article it may be necessary to deviate from the strict application of the overlay or underlying zoning requirements. Deviations from the
underlying zoning requirements may be granted by the city commission after considering the
recommendations of the design review board or administrative design review staff.
B. The application for deviation shall be subject to the submittal and procedural
requirements of articles 19 and 41 of this chapter. The application shall be accompanied by written and graphic material sufficient to illustrate the initial and final conditions that the
modified standards will produce. The city commission or board of adjustment review authority
shall make a determination that the deviation will produce an environment, landscape quality and
character superior to that produced by the existing standards, and which will be consistent with
the intent and purpose of this article, and with the adopted design objectives plan for the particular entryway corridor. Upon such a finding, the city commission or board of adjustment
review authority may authorize deviations of up to 20 percent beyond or below minimum or
maximum standards respectively, as established in the underlying zoning district regulations. If
the city commission or board of adjustment review authority does not find that the proposed
modified standards create an environment, landscape quality and character superior to that produced by the existing standards, and which will be consistent with the intent and purpose of
this article, and with the adopted design objectives plan for the particular entryway corridor, no
deviation shall be granted.
Section 18
Section 38.19.060.A of the Bozeman Municipal Code be amended and a new paragraph B be created so that such section shall read as follows and existing paragraphs B, C & D be
renumbered accordingly:
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 providing for response to an emergency. Such uses shall be so conducted that they will not be detrimental in
213
Page 11 of 65
any way to the surrounding properties or to the community. Uses permitted subject to a special
temporary use permit may include:
1. Carnivals, circuses, special events of not over 72 consecutive hours;
2. Tent revival meetings;
3. Swap meets; or
4. Such other uses as the planning director may be deemed to be within the intent and
purpose of this section.
B. Exception: Functions held within a park and which are subject to a park user agreement are
not required to obtain a special temporary use permit.
Section 19 Section 38.19.070.B of the Bozeman Municipal Code be amended so that such section shall read
as follows:
B. Sketch plan review procedures.
1. No certificate of appropriateness required. Sketch plans for projects which do not require a certificate of appropriateness shall be submitted to the planning director
department for a determination of compliance with the requirements of this chapter. Once
compliance is achieved, the application will be approved for construction or referred to the
appropriate permitting authorities. In determining whether compliance is achieved the
planning director department shall consider the individual circumstances of the site when the development is subject to section 38.19.150
2. Certificate of appropriateness required. Sketch plans, including the material required
by section 38.41.090, and such additional information as may be required for projects
which require a certificate of appropriateness as per section 38.19.080 shall be submitted to
the planning director department, who shall review the proposal for compliance with this chapter, 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.
Section 20
Section 38.19.090.A.1&2 of the Bozeman Municipal Code be amended so that such section shall read as follows:
A. Acceptability and adequacy of application.
1. The planning director department 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 chapter. If the application does not contain all of the required elements, the application, review fee and a written explanation of what the application is
missing shall be returned to the property owner or their representative. The five working
day review period will be considered met if the letter is dated, signed and placed in the
214
Page 12 of 65
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 chapter 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 department determines the application to contain all the required elements and shall be completed
within not more than 15 working days. The 15 working day review period will be
considered met if the letter is dated, signed and placed in the outgoing mail within the 15
working day review period. If the application is inadequate, a written explanation of why
the application is inadequate will be returned to the 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.
Section 21
Section 38.19.110.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. The person applying for a conditional use permit shall fill out and submit to the planning
director department the appropriate form with the required fee. The request for a conditional use
permit shall follow the procedures and application requirements of this article.
Section 22 Section 38.19.140.B of the Bozeman Municipal Code be amended so that such section shall read
as follows:
B. Sites legally developed prior to the adoption of the ordinance codified in this chapter
(September 3, 1991 — Ordinance 1332) shall be considered to have developed under an
approved plan. Proposals for refuse, change in use or the further development of sites legally developed prior to the adoption of the ordinance codified in this chapter may be approved by the
review authority upon determining that no significant alteration of the previous use and site are
proposed, and upon review by the city engineer or designee to assure a determination that
adequate access and site surface drainage are provided. All such proposals shall be shown on a
plan drawing as required by section 38.41.110
215
Page 13 of 65
Section 23 Section 38.20.020.D of the Bozeman Municipal Code be deleted and subsection E renumbered
accordingly:
D. The city commission retains final approval authority for planned unit developments.
Section 24 Section 38.20.030.A.4 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
4. Use of general building and development standards.
a. All planned unit developments shall be reviewed against the development standards established in this chapter. However, in order to encourage creativity and design excellence that would contribute to the character of the community, deviations
from the requirements or the standards of this chapter may be granted by the review
authority city commission after considering the recommendations of the applicable
review bodies established by this chapter. The PUD application shall be accompanied by written and graphic material sufficient to illustrate the initial and final conditions
that the modified standards will produce. Such written and graphic materials may
include textual descriptions, site plans, renderings of proposed elevations or
landscapes, or similar materials.
b. All requested deviations, waivers of submittal requirements and other relaxations of regulatory requirements shall be identified in writing at the time of preliminary plan
submittal. Failure to identify such items may result in the delay of application
processing in order to receive necessary materials, provide additional public notice or
other curative actions.
c. The city commission review authority shall make a determination that the deviation will produce an environment, landscape quality and character superior to
that produced by the existing standards of this chapter, and which will be consistent
with the intent and purpose of this article, with the adopted goals of the city growth
policy and with any relevant adopted design objectives plan. Upon deciding in favor of
the deviation request, the city commission review authority may grant deviations, above or below minimum or maximum standards respectively as established in this
chapter, including the complete exemption from a particular standard. If the city
commission review authority does not determine that the proposed modified standards
will create an environment, landscape quality and character superior to that produced
by the existing standards of this chapter, and which will be consistent with the intent and purpose of this article and with any relevant design objectives plan, then no
deviation shall be granted.
Section 25
Section 38.20.040.A.2&3 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
216
Page 14 of 65
Sec. 38.20.040. - Planned unit development review procedures and criteria.
2. Preliminary plan review. Sufficient information shall be submitted to permit review of
the land use relationships, densities and the type, size and location of the principal design
elements of the planned unit development by the advisory bodies and review authority DRC, DRB, WRB (if applicable) and city commission. For a planned unit development that
will be developed in phases, the developer must submit either a preliminary plan for all
phases, or else submit a preliminary plan for the initial phase or phases and development
guidelines for all subsequent phases. Submittal requirements are in addition to those
required for site plan and conditional use permit review.
a. Application process. Upon completion of preapplication review and receipt of the planning department's comments on the preapplication, an application for preliminary
plan approval may be filed with the planning department.
b. Public hearings and meetings. Notice of public hearings and/or public meetings
for any preliminary plan application shall be provided in accordance with article 40 of this chapter.
c. Review criteria. In order to approve an application for a planned unit
development the city commission shall determine that the application is in
conformance with all applicable standards, objectives and criteria of this chapter
unless an appropriate deviation is granted.
d. Recommendations. The DRC, DRB and WRB (if applicable) shall recommend the approval, conditional approval or denial of the preliminary plan to the city
commission review authority and shall include in such recommendation the basis upon
which such recommendation was determined.
e. Preliminary plan approval. The city commission, after conducting a public hearing, may approve, disapprove or approve with conditions the proposed planned unit development. The city commission shall issue a written record of their decision to
discuss and weigh the review criteria and standards applicable to the PUD.
3. Final plan review and approval. The final plan must be in compliance with the
approved preliminary plan and/or development guidelines except as provided for in subsection 3.d of this section, and shall be reviewed DRC and ADR staff and approved by
the review authority.
a. Application process. Upon approval or conditional approval of a preliminary plan
by the city commission, and the completion of any conditions imposed in connection
with that approval, an application for final plan approval may be submitted.
b. Review criteria; compliance with preliminary plan. For approval to be granted,
the final plan shall be in compliance with the approved preliminary plan. This shall
mean that all conditions imposed by the city commission as part of its approval of the
preliminary plan have been met and:
(1) The final plan does not change the general use or character of the
217
Page 15 of 65
development;
(2) The final plan does not increase the amount of improved gross leasable
nonresidential floor space by more that than five percent, does not increase the
number of residential dwelling units by more than five percent and does not exceed the amount of any density bonus approved with the preliminary plan;
(3) The final plan does not decrease the open space and/or affordable housing
provided;
(4) The final plan does not contain changes that do not conform to the
requirements of this chapter, excluding properly granted deviations, the applicable objectives and criteria of section 38.20.100, or other objectives or
criteria of this chapter. The final plan shall not contain any changes which would
allowed increased deviation/relaxation of the requirements of this chapter; and
(5) The final plat, if applicable, does not create any additional lots which were
not reviewed as part of the preliminary plan submittal.
c. Final plan approval. The planning director may approve the proposed planned unit development final plan may be approved if it conforms to the approved
preliminary plan in the manner described above. Prior to final plan approval, the
planning director review authority may request a recommendation from the DRC,
ADR staff, DRB, WRB or other entity city commission regarding any part of a proposed final plan. If a final plat is part of the final plan submittal, the city
commission review authority per 38.34.010 shall have responsibility to approve the
final plat.
(1) Final plats associated with a PUD shall be subject to the requirements of
sections 38.03.060 and 38.41.070
d. Amendments to final plan. Building permits and other development approvals shall be issued on the basis of the approved final plan and any conditions of approval.
No city administrative personnel are permitted to issue permits for improvements
which are not indicated on the approved final plan with the exception of the following:
(1) Minor changes.
(a) Minor changes to a planned unit development may be approved
administratively and in writing, if at all, by the planning director,
whereupon a permit may be issued. Such changes may be authorized
without additional public hearings notice at the discretion of the review
authority. This provision shall not prohibit the planning director review authority from requesting a recommendation from the DRB, DRC, ADR
staff, WRB or other entity city commission.
(b) Minor changes shall be defined as follows:
(i) Those developments that do not change the character of the
218
Page 16 of 65
development;
(ii) An increase of less than five percent in the approved number of
residential dwelling units;
(iii) An increase of less than five percent in the approved gross leasable floor areas of retail, service, office and/or industrial buildings;
(iv) A change in building location or placement less than 20 percent
of the building width without compromising requirements of the UDO;
(v) An increase in the number of lots less than two percent without
increasing the density by more than five percent. This is applicable only to zoning PUD plans, not subdivision PUD plats;
(vi) The final plan shall not contain any changes which would allow
increased deviation/relaxation of the requirements of this chapter;
and/or
(vii) The final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal.
(c) When a planned unit development has been prepared in sufficient
detail to address the concerns of article 19 of this chapter including but not
limited to general building envelopes, design character of buildings, and
landscaping for some or all of the parcels within its boundaries the final site development plans may be reviewed as an amendment to the PUD final
plan. The intention to use this provision must be part of the initial submittal
and review of the PUD.
(2) Major changes.
(a) Major changes to a planned unit development shall be approved, if at all, only by the city commission, and must follow the same planned unit
development review and public hearing notice and comment process
required for approval of preliminary plans. The final plan shall not contain
any changes which would allow increased deviation/relaxation of the
requirements of this chapter without being individually noticed and reviewed for the proposed change.
(b) Major changes shall be defined as follows:
(i) A change in the character of the development;
(ii) An increase of greater than five percent in the approved number
of residential dwelling units;
(iii) An increase of greater than five percent in the approved gross leasable floor areas of retail, service, office and/or industrial buildings;
219
Page 17 of 65
(iv) A reduction in the approved open space and/or affordable housing
units provided;
(v) A change in the location and placement of buildings; and/or
(vi) An increase in the number of lots above what was approved through the preliminary plan review. This is applicable only to zoning PUD plans, not subdivision PUD plats. The final plat, if applicable,
may not create any additional lots which were not reviewed as part of
the preliminary plan submittal.
Section 26 Section 38.20.070.B of the Bozeman Municipal Code be amended so that such section shall read as follows:
B. Phased PUD approval process. Master plans and development guidelines shall be reviewed
and approved according to the procedures established for preliminary plans as established in this
article. When a master plan and development guidelines for a phased PUD have been reviewed and approved by the review authority city commission, each phase of the PUD may be developed
in accordance with the review and approval procedures set forth in this article for final plan
reviews.
Section 27
Section 38.20.070.C of the Bozeman Municipal Code be amended so that such section shall read as follows:
C. Phased PUD review criteria.
1. In general, the review criteria for phased preliminary and final PUDs shall be the same
as that for PUDs as set forth in this chapter.
2. In those cases where master plans and development guidelines are proposed to govern the development of future phases of the PUD, the city commission review authority must
determine that the proposed master plan and development guidelines are provided in
sufficient detail to support a determination that the phased PUD will comply with all
requirements for PUD approval if developed in accordance with the approved master plan
and development guidelines.
3. DRB or ADR staff, as applicable, and DRC review and approval of preliminary and final plans, for those phases of a PUD which have an approved master plan and
development guidelines, shall ensure compliance and consistency with said master plan and
development guidelines.
4. Should DRC, DRB or ADR staff, as applicable, determine that proposals to develop subsequent phases of a PUD are not in compliance with the approved master plan and
development guidelines, the determination may be appealed to the city commission subject
to the provisions of article 35 of this chapter.
220
Page 18 of 65
Section 28 Section 38.20.080 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.20.080. - Enforcement of approval requirements and conditions.
A. The occurrence of either of the following events may subject the applicant to the enforcement remedies contained in article 34 of this chapter:
1. Failure to comply with any terms, conditions or limitations contained on the site plan,
landscape plan, building elevations or other approved documents pertaining to a planned
unit development which has received final approval from the city.
2. Failure to comply with any conditions on record imposed by the city commission upon its review of the master or preliminary plans, or any conditions imposed by the DRC or
ADR through the review of the final plan for the planned unit development, under the
provisions of article 20 of this chapter, Planned Unit Development (PUD).
The failure to comply with any of the terms, conditions of approval or limitations contained on the site plan, landscape plan, building elevations, or other approved documents or other element pertaining to a planned unit development which has received final approval from the city may
subject the applicant or current landowner to the enforcement remedies contained in 38.34.160.
Section 29
Section 38.20.090.A of the Bozeman Municipal Code be amended so that such section shall read as follows:
A. General. For any planned unit development proposal to be approved it must first be found,
by the city commission review authority, after recommendation from the DRC, DRB or WRB (if
applicable), to be in compliance with this chapter including any applicable criteria of this section.
Section 30 Section 38.20.090.C of the Bozeman Municipal Code be amended so that such section shall read
as follows:
C. Evaluation process. The acceptability and performance of a planned unit development
proposal shall be evaluated as follows: Each of the relevant objectives and criteria for the
applicable land use classification and for all development contained in subsection E of this section, will be answered "Yes," "No" or "Not Applicable" (NA). A "No response" to any of the
applicable objectives and criteria will automatically preclude the development proposal from
further consideration and eventual approval, unless a deviation is granted by the city commission
review authority. An objective or criterion is considered to be applicable if it can reasonably be
applied to the development proposal. The applicant shall clearly demonstrate how the planned unit development specifically addresses each applicable objective and criterion.
Section 31
Section 38.20.090.E.2.a(7)(b)(E) of the Bozeman Municipal Code be amended so that such
section shall read as follows:
221
Page 19 of 65
(E) Open space outside of the project boundaries adequate in
size and location to meet the recreational needs of the residential
development only with the approval of the city commission. The
site is subject to the standards of article 27 of this chapter and must demonstrate a geographic and service relationship to the residential development.
Section 32
Section 38.21.030.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. Only uses specifically identified by this chapter to be built. No building, or structure or part
thereof shall be erected, altered or enlarged for a use, nor shall any existing building, structure or
part thereof, or land, be used for a purpose or in a manner that is not in conformity with the uses
listed as authorized uses for the zone in which such buildings, structure or land is situated. In
addition, any land, building or structure to be erected or used for a purpose listed as a conditional use in such zone shall first receive final approval of a conditional use permit from the city
commission. Existing nonconforming uses and structures shall be governed by article 32 of this
chapter.
Section 33
Section 38.21.030.D.2 of the Bozeman Municipal Code be amended so that such section shall read as follows:
2. These improvements shall be designed, constructed and installed according to the
standards and criteria as adopted by the city and approved by both the city engineer and
water and sewer superintendent prior to the issuance of any building permits.
Section 34 Section 38.21.060.D.1 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
1. Non-specific exemptions. No building, or part thereof, or structure shall be erected,
reconstructed or structurally altered to exceed in height the limit herein designated for the
district in which such building is located, except as is specified in article 35 of this chapter, or as specifically authorized by the city commission as an approved condition of a planned
unit development. Such approved conditions must include the recommendations of the city
fire marshal.
Section 35
Section 38.22.110.D of the Bozeman Municipal Code be amended so that such section shall read
as follows:
D. Complaints. Complaints by citizens of the city may be cause for termination of the home-
based business. However, should such complaint be filed, the operator is entitled to an appeal to
the city commission for a public meeting. The city commission shall determine whether or not
the filed complaint identifies sufficient violation of this chapter to warrant termination or modification of the home-based.Final administrative actions in relation to complaints are subject
222
Page 20 of 65
to appeal per article 35 of this chapter.
Section 36
Section 38.22.110.F of the Bozeman Municipal Code be amended so that such section shall read
as follows:
F. Appeal to city commission. Any person may appeal the planning director's action relating to
a home-based business to the city commission as provided for by article 35 of this chapter.
Section 37
Section 38.22.120.A.6 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
6. Landscaping may be required by the review authority 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.
Section 38 Section 38.22.120.A.7 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
7. Recreation areas. At a minimum, the amount of land required to be dedicated under section 38.27.020, shall be reserved as park or recreation area. Recreation areas may
include space for community recreation buildings and facilities.
a. Public access through the recreation area may be required, through the provision
of a written public access easement, if it is determined by the city commission review
authority that public access is necessary to ensure public access through the private recreational area from adjoining properties to nearby or adjacent public parks.
Section 39
Section 38.22.130.D of the Bozeman Municipal Code be amended so that such section shall read
as follows:
D. Actions by planning director. Upon receipt of an application as required by subsection B of this section, the planning director shall make a decision to approve or disapprove of the
application within 15 working days, or the planning director may make referral to the city
commission. Referrals to the city commission shall be placed on the agenda for its regular
meeting. Within five working days after receipt of recommendations from the city commission,
the planning director shall make a determination as to conformity with subsection C of this section, notifying the applicants of approval or disapproval. In the case of disapproval, the
reasons therefore shall be stated in writing.
223
Page 21 of 65
Section 40 Section 38.22.180.C.4 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
4. Certificate of appropriateness. A certificate of appropriateness, received from the review authority city commission, with a recommendation by the design review board, shall
be required as a condition of site plan approval for any development governed by this
section. Application, review and public notice procedures for proposals governed by this
section are set forth in article 40, Noticing, and article 19, Review Procedures for Site
Development, of this chapter. A denial of a certificate shall be accompanied by a written statement of reasons for the denial.
Section 41
Section 38.22.150.E of the Bozeman Municipal Code be amended so that such section shall read
as follows:
E. Requests for special temporary use permits shall be subject to review and must be approved by the appropriate city department representatives per 38.19.060, including but not limited to city engineer, fire marshal, city building official and planning director. Permit
coordination and final issuance shall be by the planning director. A special temporary use permit
for portable carry-out food and beverage buildings shall be valid for a period of one year, and
may be renewed annually thereafter only if all regulations and requirements are strictly complied with on a continuing basis.
Section 42 Section 38.22.180.C.5 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
5. Design criteria and development standards. In addition to all other applicable review procedures and design criteria, all development governed by this section shall exceed design criteria and development standards contained in article 17 of this chapter, entryway corridor
overlay district, including the general design objectives and guidelines contained in the adopted
or updated design objectives plan, regardless of location or zoning district. Said design criteria
and development standards shall be exceeded through design practices such as additional architectural detailing, exceptional landscape design, improved public spaces, use of renewable energy and/or recycled construction materials, and provisions for alternative modes of
transportation. The city commission review authority shall determine whether established design
criteria and development standards have been exceeded based on a recommendation from the
design review board
Section 43 Section 38.22.180.D.a of the Bozeman Municipal Code be amended so that such section shall
read as follows:
1. Applications for large scale retail development shall include a renewal plan that will
afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the structure in the event of closure or
relocation by the original occupant. Such plan will be approved if the city commission
224
Page 22 of 65
review authority finds that:
a. The plan conforms to the city's growth policy and the requirements of this
chapter or parts thereof for the municipality as a whole;
b. A sound and adequate plan exists for said redevelopment;
c. The plan affords maximum opportunity for rehabilitation or redevelopment of the structure by both private enterprise and the city; and
d. The renewal plan provides a maintenance plan for normal repairs and upkeep of
property, including but not limited to building, parking lot and surfacing, landscaping,
signage and elimination of legible impressions, images, or remnants of signs remaining on a building or sign surface after the use for which the sign was permitted
ceases to operate.
Section 44
Section 38.22.190 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.22.190. - Stable, commercial.
A. The minimum property size shall be ten acres.
B. Structures or facilities used for stabling, storing, showing or training of animals shall be set
back a minimum of 100 feet from any adjacent privately owned property. Dwelling units,
accessory structures incidental to dwelling units and irrigated pasturage may occur within the 100-foot setback area subject to the setback requirements of the applicable zoning district.
C. There shall be at least a 20-foot yard adjacent to any street.
D. There shall be no shows or other activities which would generate more traffic than is
normal to a residential area, unless the proposed site has direct access from an arterial street as
set forth in the city growth policy. Permission for such shows and activities shall be obtained from the city. Notification shall be provided in a letter that explains the nature and duration of
the activity, and accommodations for spectators, traffic control and additional parking for cars
and trailers. This letter shall be submitted to the planning directorplanning department at least
one month prior to the date of the show or activity.
E. All pasture and animal storage areas shall be enclosed with fences or walls of a minimum of four feet six inches in height. The design of these enclosures shall be shown on drawings
submitted with the conditional use permit application.
F. All laws applicable to the public health and appropriate care of animals must be complied
with for the entire period of operation of the stable.
G. All activity and pasture areas that are not grassed shall be treated for dust control as approved by the planning director.
225
Page 23 of 65
H. Adequate parking for daily activities shall be shown on the site plan and improved to city
parking standards. Additional parking, improved as determined by the planning director, shall be
provided for shows or other special events. Amounts and required improvements to temporary
parking shall be determined through a special temporary use permit if such temporary parking was not shown and approved through the original approval.
Section 45 Section 38.22.200 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.22.200. - Tennis and racquet club.
A. The use will be compatible with any adjacent neighborhood and will not be detrimental to the same due to:
1. Increased automobile traffic;
2. Noise generated from within the site.
B. Perimeter fencing of the site may be required, fencing of outdoor courts shall not exceed 16 feet in height, and fencing may be required to be opaque by the planning director or city commission review authority.
C. When the club is located within a residential zoning district, there shall be no shows,
tournaments or other activity which would generate more traffic than is normal to a residential
area, unless access is provided from an arterial street as set forth in the city’s long range transportation plan growth policy. If access is not provided from an arterial street, permission for
such shows and activities shall be obtained from the city through the special temporary use
process commission. Permission shall be requested in a letter with a site sketch that explains the
nature and duration of the activity and accommodations for spectators, additional parking and
traffic control. This letter shall be submitted to the city clerk for city commission consideration.
D. There shall be a landscaped 50-foot buffer strip adjacent to any residential zoning district, or as otherwise determined by the ADR or DRB.
E. Hours of operation may be controlled by the review authority city commission.
Section 46
Section 38.23.010.C of the Bozeman Municipal Code be amended so that such section shall read as follows:
C. Lands unsuitable for development. Land which the planning director or city commission has
found to be unsuitable for development because of potential hazards such as flooding, land
slides, excessive slope, rock falls, subsidence, high water table, presence of wetlands; or because
of unreasonable burdens on the general public such as requirements for the excessive expenditure of public funds, environmental degradation, or congestion in the streets or roads shall not be used for building or residential purposes unless the hazards or excessive public
burdens are eliminated or will be overcome by appropriate design and construction plans. Slopes
of 25 percent or greater shall be presumed unbuildable unless provided otherwise by the
226
Page 24 of 65
developer.
Section 47
Section 38.23.020.A.5 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
5. Areas within neighborhood centers used for park, square, green and/or square, that
meet the following criteria, may count towards park land dedication requirements subject to
review and approval by the review authority city commission, after receiving a
recommendation from the city recreation and parks advisory board:
a. The area is predominantly open space with enhanced natural features, but may contain amenities such as sidewalks, seating, drinking and ornamental fountains and public art; and
b. The area provides active and/or passive recreation opportunities.
Section 48
Section 38.23.020.A.6 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
6. The neighborhood center may be used for limited stormwater retention/detention
facilities if reviewed and approved by the review authority city engineer. However, any part
of the center used for stormwater management shall not count towards park dedication
requirements.
Section 49 Section 38.23.060.B.1.c of the Bozeman Municipal Code be amended so that such section shall
read as follows:
c. If placed in a city right-of-way, easements shall be in a location required by and
agreed upon in writing by all of the appropriate utility companies and the review authority city commission.
Section 50
Section 38.23.060.D.2 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
2. The developer need not establish irrigation facility easements as provided above if the following provisions were met or will be met via the subdivision process:
a. The average lot size is one acre or less and the subdivider provides for disclosure,
in a manner acceptable to the review authority city commission, that adequately
notifies potential buyers of lots that are classified as irrigated land and may continue to
be assessed for irrigation water delivery even though the water may not be deliverable; or
b. The water rights are removed or the process has been initiated to remove the
water rights from the subdivided land. If the water rights have been or will be removed
227
Page 25 of 65
from the land within the development it shall be denoted on the preliminary plat. If
removal of water rights is not complete upon filing of the final plat, the subdivider
shall provide written notification to prospective buyers of the intent to remove the
water right and shall document that intent, when applicable, in agreements and legal documents for related sales transactions.
Section 51 Section 38.23.070 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
A. General. All municipal water supply, sanitary sewer and storm sewer system facilities shall comply with the following requirements:
1. The developer shall install complete municipal water and sanitary sewer system
facilities, or a system allowed by section 38.21.030.D, and may be required by the city to
install municipal storm sewer system facilities. These systems shall be installed in
accordance with the requirements of the state department of environmental quality and the city, and shall conform with any applicable facilities plan. The city's requirements are contained in the Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications, and by this reference
these standards are incorporated into and made a part of these regulations. The developer
shall submit plans and specifications for the proposed facilities to the city and to the state department of environmental quality and shall obtain their approvals prior to commencing
construction of any municipal water, sanitary sewer or storm sewer system facilities.
2. The cutting of any city street shall be done in compliance with the city's street cut
policy.
3. When a proposed development adjoins undeveloped land, and municipal infrastructure mains would reasonably pass through the new development to the undeveloped land,
municipal infrastructure mains shall be arranged to allow the suitable development of the
adjoining undeveloped land. Municipal infrastructure mains within the proposed
development shall be constructed to the boundary lines of the tract to be developed, unless
prevented by topography or other physical conditions. An exception to this standard may be granted by the director of public services upon written request of the applicant, if the
applicant demonstrates during the development review process that more efficient design
can be accomplished without jeopardizing the public's health, safety and welfare, the intent
of this chapter, or the intent of the city's growth policy, in which case a subdivision variance
must be approved by the city commission.
B. Municipal water supply system; additional requirements. Municipal water supply system facilities shall also comply with the following requirements:
1. When the city's municipal water main is extended, the length of a dead-end water main
typically shall not exceed 500 feet in length, unless approved in writing by the city engineer
and the water and sewer superintendent.
2. The length of service lines from the main to the structure may not exceed 150 feet in length, unless approved in writing by the city engineer and water and sewer superintendent.
228
Page 26 of 65
Section 52 Section 38.23.080.B of the Bozeman Municipal Code be amended so that such section shall read
as follows:
B. Provisions shall be made for the control and drainage of surface water around buildings. Generally, all lots and street boulevard areas shall be graded no lower than the back of curb or
level of street, whichever is applicable, prior to final plat or final occupancy approval as
appropriate. Exceptions may be granted by the city engineer when adequate drainage facilities
are provided. All drainage plans shall comply with the requirements of the International Building
Code and International Residential Code as adopted by the city, and by this reference these standards are incorporated into and made a part of these regulations.
Section 53
Section 38.23.150.B.3 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
3. The provisions of this section are not intended to prevent the use of any design, material or method of installation or operation not specifically prescribed herein, provided any such alternate has been approved by the review authority planning director. The
planning director may approve any such proposed alternate, provided the planning director
finds Prior to approval the review authority shall make findings that:
a. The lighting provides at least approximate equivalence to the applicable specific requirements of this section; and
b. The lighting is otherwise satisfactory and complies with the intent of this section.
Section 54
Section 38.23.150.E of the Bozeman Municipal Code be amended so that such section shall read
as follows:
G. Historic lighting. The city commission may relax lighting standards and requirements, with
the exception of illumination levels, for the provision of historic lighting in the neighborhood
conservation overlay district. Historic lights shall be proposed as an integrated part of an overall
development plan. The historic preservation planner shall review and approve the proposed
lighting for historic appropriateness.
Section 55 Section 38.24.010 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.24.010. - Streets, general.
A. All streets shall be provided in accordance with the adopted growth policy and/or transportation plan. The arrangement, type, extent, width, grade and location of all streets shall
be considered in their relation to existing and planned streets, to topographical conditions, to
public convenience and safety, and to the proposed uses of the land to be served by such streets.
The design standards contained in these regulations shall apply to all construction, reconstruction
and paving of streets. Review authority for exceptions or modifications to this section is
229
Page 27 of 65
specified in Article 38.34.
1. Relation to undeveloped areas. When a proposed development adjoins undeveloped
land, and access to the undeveloped land would reasonably pass through the new
development, streets within the proposed development shall be arranged to allow the suitable development of the adjoining undeveloped land. Streets within the proposed
development shall be constructed to the boundary lines of the tract to be developed, unless
prevented by topography or other physical conditions, in which case a subdivision variance
must be approved by the city commission. If the development being reviewed is a
subdivision, a request for an alteration of this standard shall be processed as a subdivision variance. If the development being reviewed is not a subdivision a request for an alteration
of this standard shall be reviewed against the criteria of 38.35.070.B but shall not otherwise
alter the review authority who would otherwise decide upon the application.
2. Relation to developed areas. The developer shall arrange the streets to provide for the
continuation of streets between adjacent developed properties when such continuation is necessary for the convenient movement of traffic, effective provision of emergency services and efficient provision of utilities.
3. Separation of through and local traffic. Where a development abuts or contains an
existing or proposed arterial or collector street, the developer may be required to provide
frontage roads, reverse frontage with a reservation prohibiting access along the rear property line, screen planting, or such other treatment as may be necessary for protection of residential properties and to afford separation of through and local traffic.
4. Distance between parallel rights-of-way. Where a development borders on or contains
a railroad, limited access highway, canal, ditch or stream right-of-way, the developer may
be required to provide a street approximately parallel to and on each side of such right-of-way at a distance suitable to allow for the appropriate use of the intervening land. Such
distances shall also be determined with due regard for the requirements of approach grades
and future grade separation.
5. Dead-end streets. Dead-end streets shall comply with city design specifications and
standards, and with any city-adopted International Fire Code. No dead-end streets longer than 150 feet shall be permitted without an approved turn around. Where streets terminate,
the developer shall provide a cul-de-sac at the terminus. Where it is planned that a dead-end
street will be extended in the future, a temporary cul-de-sac shall be provided. All approved
turnarounds shall be signed as no parking.
a. "T" turnarounds, in-lieu of a temporary cul-de-sac, must be specifically approved by the review authoritycity engineer. "T" turnarounds shall include two straight
backup lengths of 45 feet each to accommodate city fire trucks. All other design
requirements shall be established by the review authority city engineer.
6. Local streets. Local streets shall be laid out to discourage speeding.
7. Half streets. Half streets are prohibited except when they are essential to the development, are beneficial to the city, or when the review authority city engineer is
satisfied that the half of the street will be dedicated to the public when the adjoining
230
Page 28 of 65
property is developed. Half streets must be approved by the review authority city engineer,
and when adjacent to unannexed land, the county road office. When an existing half street
is adjacent to a tract to be developed, the undeveloped half of the street shall be provided
with the new development.
8. Second or emergency access. To facilitate traffic movement, the provision of emergency services and the placement of utility easements, all developments shall be
provided with a second means of access. If, in the judgment of the development review
committee (DRC), a second dedicated right-of-way cannot be provided for reasons of
topography or other physical conditions, the developer shall provide an emergency access, built to the standards detailed in these regulations.
a. This provision may be waived or conditionally waived by the DRC.
9. Culs-de-sac. Culs-de-sac are generally prohibited. The review authority city engineer
may consider and approve the installation of a cul-de-sac only when necessary due to
topography, the presence of critical lands, access control, adjacency to parks or open space, or similar site constraints. Pedestrian walks shall be installed at the end of culs-de-sac
where deemed appropriate.
10. Bridges and culverts. Culverts or bridges shall be provided and installed by the
developer where drainage channels intersect any street right-of-way.
a. Bridges. Bridges shall be built to state department of transportation H-20 load standards, and shall be reviewed and approved by the county road office and the city
engineering department.
b. All culverts shall, at a minimum, extend across the entire improved width of the
street cross section. The size and length of the culvert and the amount of backfill over
the culvert shall be determined by a registered professional engineer, when determined necessary by the city engineering department.
(1) Each culvert or other drainage facility shall be large enough to
accommodate potential runoff from upstream drainage areas. The minimum
capacity of a culvert shall be equivalent to a circular diameter of 15 inches.
11. Encroachment permits. The subdivider person or entity undertaking the development shall be required to obtain encroachment permits for all access to state highways.
12. Traffic control devices. Street signs and other traffic control devices shall be installed
at all intersections and any other location required by the city. The location, size, shape and
height of all traffic control devices shall comply with city requirements, and shall conform
with the Manual of Uniform Traffic Control Devices (MUTCD) and the city modifications to state public works standard specifications.
13. Sight distances. The alignment of all streets shall provide adequate sight distances
based on design operating speeds.
231
Page 29 of 65
Section 56 Section 38.24.060.B of the Bozeman Municipal Code be amended so that such section shall read
as follows:
B. Plans and specifications for all public or private streets (including but not limited to curb, gutter, storm drainage, street lighting and sidewalks), shall be provided to and approved by the
review authority city engineer. The developer shall provide professional engineering services for
construction inspection, post-construction certifications and preparation of Mylar record
drawings. The plans and specifications shall be approved and a preconstruction conference shall
be conducted before any construction is initiated on the street improvements.
1. Surfacing. A pavement design report, based upon specific site soil data and design-year traffic loading conditions, prepared by a professional engineer, or other qualified
professional approved by the review authority city engineer, shall be submitted to the
review authority city engineer for approval prior to plan and specification submittal if using
the self-certification process or with the plans and specifications if using the standard process. Pavement design shall be in accordance with the city design standards and specifications policy and the city modifications to state public works standard
specifications.
2. Alleys. In subdivisions where alleys are proposed, a 20-foot-wide right-of-way shall be
provided. The driving surface of the alley shall be 16 feet wide and shall be improved with gravel.
a. Subdividers may elect to pave subdivision alleys provided that adequate
stormwater facilities are available.
b. Alleys shall be designed and constructed in accordance with the city design
standards and specifications policy and the city modifications to state public works standard specifications, and subject to approval by the city engineer.
c. Alleys used for backing under section 38.25.020.D shall be designed to provide
the required aisle width.
3. Traffic progression. Traffic progression will be of paramount importance.
Consequently, all potential intersections with signals will be placed on quarter-mile points unless otherwise approved by the review authority city engineer.
4. Level of service standards. All arterial and collector streets and intersections with
arterial and collector streets shall operate at a minimum level of service "C" unless
specifically exempted by this subsection. Level of service (LOS) values shall be determined
by using the methods defined by the most recent edition of the Highway Capacity Manual. A development shall be approved only if the LOS requirements are met in the design year,
which shall be a minimum of 15 years following the development application review or
construction of mitigation measures if mitigation measures are required to maintain LOS.
Intersections shall have a minimum acceptable LOS of "C" for the intersection as a whole.
a. Exception: If an intersection within the area required to be studied by section 38.41.060.A.12 does not meet LOS "C" and the intersection has been fully constructed
232
Page 30 of 65
to its maximum lane and turning movement capacity, then an LOS of less than "C" is
acceptable.
b. Exception: The director of public services review authority may accept an LOS
of less than "C" at a specific intersection if:
(1) A variance to allow a lesser LOS was approved not more than two years prior to the date an application for development being reviewed is determined to
be adequate for review;
(2) The request was made in writing with the application; and
(3) The circumstances are in the professional judgment of the director of public services review authority substantially the same as when the variance was
granted.
Section 57
Section 38.24.090.C.2.e of the Bozeman Municipal Code be amended so that such subsections
shall read as follows:
e. All commercial and industrial drive accesses on arterial streets shall have 15-foot return radii unless otherwise approved by the review authority director of public
service. All commercial and industrial drive accesses on other streets may have either
return radii or depressed curbs. The minimum radius allowed is four feet.
Section 58 Section 38.24.090.G&H of the Bozeman Municipal Code be amended so that such subsections
shall read as follows:
G. Access approval required. All drive accesses shall be approved by the review authority city
engineer for width and location.
H. Modifications of property access standards.
1. Some of the standards listed in subsections C through E of this section, may be relaxed by the review authority city engineer if it is shown during the development review process
that more efficient design can be accomplished without jeopardizing the public's health,
safety and welfare, the intent of this chapter, or the intent of the city's growth policy.
2. Modifications from access standards shall be approved at the discretion of the review authoritycity engineer.
3. Commercial developments (including residential complexes for five or more
households) which may not be able to meet the requirements of subsections C through E of
this section, and are requesting modifications from the standards, shall submit to the city
engineer a report certified by a professional engineer addressing the following site conditions, both present and future:
a. Traffic volumes;
233
Page 31 of 65
b. Turning movements;
c. Traffic controls;
d. Site design;
e. Sight distances; and
f. Location and alignment of other access points.
4. Based upon the above data, the review authoritycity engineer shall determine whether
a modification from the required standards is justified and, if so, what alternative
requirements will be necessary.
Section 59 Section 38.24.110.D&E of the Bozeman Municipal Code be amended so that such section shall read as follows:
D. Trail requirements. The class of the trail shall be determined by the review authority
recreation and parks advisory board, and the trail shall be designed and constructed according to
any adopted park or recreation plan or other city specifications and standards. Trails and bridges must meet Americans with Disabilities Act (ADA) specifications for recreational facilities and
maintain a natural appearance. Trail plans and specifications shall be submitted to the planning
and parks departments for review and approval prior to installation.
E. Bikeways and boulevard trails. Wherever new streets are to be developed as a result of a
development proposal, or wherever existing streets or roads are required to be improved, the developer may be required to incorporate striped bicycle lanes along the shoulder, meeting
current AASHTO standards, into the design and construction or improvement of the streets or
roads. The decision to install a boulevard trail instead of a bike lane shall be based on the most
recently adopted long-range transportation plan. The review authoritycity commission may
consider exceptions based on the particular characteristics of a transportation corridor and recommendations from the DRC and the Bozeman Area Bicycle Advisory Board. Boulevard
trails and bike lanes shall be designed and constructed in accordance with the most recently
adopted long-range transportation plan, and any other applicable city specifications and
standards.
Section 60 Section 38.24.120.C of the Bozeman Municipal Code be amended so that such section shall read
as follows:
C. Transit facilities. If any streets on the interior or exterior of the development are designated
as transit routes, the review authority city commission may require the developer to provide
transit facilities such as transit stop signage, benches, bike racks, lighting and bus shelters.
Section 61 Section 38.25.020, Table 38.25.020 Footnote 2 of the Bozeman Municipal Code be amended so
that such section shall read as follows:
234
Page 32 of 65
218 feet if measured from a curb on the inside edge of the stall; 20 feet if measured from a
painted line on the inside edge of the stall. Stall length variations are subject to approval by the
city engineer.
Section 62 Section 38.25.020.F of the Bozeman Municipal Code be amended so that such section shall read
as follows:
F. Surfacing. Except for one-household development on individual lots, all areas intended to
be utilized for permanent parking space and driveways shall control dust and drainage. All
proposed parking areas and driveway improvements shall require a grading and drainage plan approved by the review authoritycity engineer. Areas shall be paved with concrete or asphaltic
concrete or approved pavers; or an alternative surfacing method such as pervious pavement may
be used subject to review and approval by the review authoritycity engineer. Surfacing methods
which minimize stormwater runoff and provide for functional parking and circulation are
encouraged.
1. However, paving shall not be required for permitted and conditional uses in the R-S zoning districts when all of the following circumstances exist:
a. The use is required to provide fewer than 15 parking spaces and no loading
spaces under the provisions of this section;
b. The lot or tract on which the use is located is not adjacent to a paved street or road; and
c. The applicant shall enter into an improvements agreement with the city agreeing
that the lot shall be paved within nine months of the time an adjacent roadway is
paved.
Section 63 Section 38.25.020.J of the Bozeman Municipal Code be amended so that such section shall read
as follows:
J. Parking lot curbing.
1. All open off-street parking areas and driveways shall have perimeter concrete curb
around the entire parking lot, including driving access ways, except for individual townhouse units and one- to three-household dwellings. Continuous concrete curbing shall
be built according to standards provided by the review authority city engineer. Unless
otherwise approved, the perimeter curb shall be six-inch by six inch concrete.
2. Concrete pindown wheel stops may be permitted as an alternative to continuous
concrete curbing in front of parking spaces which front on the perimeter of the parking lot. However, continuous concrete curbing as described above shall be provided in all situations
where deemed necessary by the review authoritycity engineer to control drainage and soil
erosion.
3. Alternative perimeter treatment may be permitted subject to the approval of the city
235
Page 33 of 65
engineer.
4. Requirements for perimeter curbing shall not preclude opportunities for shared access
between adjacent parking lots.
Section 64 Section 38.25.040.A.2.a of the Bozeman Municipal Code be amended so that such section shall
read as follows:
a. Minimum requirements. The number of spaces shown in Table 38.25.040-3 shall
be provided subject to the adjustments allowed by this article. Spaces are not required
to be provided free to the user. The required number of disabled parking stalls required by the Americans with Disabilities Act Accessibility Guidelines (ADAAG) shall be provided from the minimum number of required parking stalls. Table 38.25.040-6
presents the most common requirement for accessible spaces. Accessible spaces count
towards satisfying minimum parking requirements. All site plans submitted for permit
purposes shall identify parking space allocations. When a use is not included in Table 38.25.040-2, the planning director review authority shall determine the appropriate classification for the purpose of required parking.
Section 65
Section 38.25.050.B of the Bozeman Municipal Code be amended so that such section shall read
as follows:
B. Shared parking may be requested if parking can be provided to serve two or more
individual land uses without conflict or encroachment. The planning director review authority
may make a determination for shared parking arrangements based on a traffic survey or traffic
impact study for the site based on the following:
1. At a minimum, a traffic survey or traffic impact study must examine for all potential uses: trip generation, hours of operation, quantity of required parking spaces, quantity of
spaces that will be filled during peak hour periods, and any unusual events that may occur
during the year that will exceed the average parking requirement. The study must indicate
that adequate parking exists to meet the demand of potential uses served as well as meet
technical requirements as specified by the planning director review authority.
2. The parties sharing parking spaces shall enter into a long-term joint use agreement revocable with review authority city commission approval, running with the term of the
designated uses.
Section 66
Section 38.26.050.H of the Bozeman Municipal Code be amended so that such section shall read as follows:
H. Protection of landscape areas.
1. Perimeter parking lot treatment as required in section 38.25.020.J shall be installed to
protect landscape areas adjacent to parking lots.
236
Page 34 of 65
2. Landscaped areas within parking lots (i.e., landscape islands or peninsulas) must be
protected from vehicular traffic through the use of continuous concrete curbs, or other
permanent barriers approved by the review authoritycity engineer. Railroad ties, rolled
asphalt, pin down wheel stops or similar methods of curbing are not acceptable methods of landscape protection within parking lots.
Section 67 Section 38.26.050.L.3 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
3. The planning director review authority may vary the maximum allowable slope of 25 percent grade to protect existing topographical or natural features (i.e., watercourse,
wetlands, mature vegetation) associated with a site. Alternatives to enable exceeding the
maximum allowable slope of 25 percent may include terracing, retaining walls,
architectural appurtenances, landscape features, or a combination thereof that will achieve a
greater design quality and enhanced landscape features.
Section 68 Section 38.26.040.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. The city commission or other party designated to conduct reviews by this chapter review
authority established in article 34 shall review each landscape plan to determine whether or not it complies with the requirements of this section.
Section 69 Section 38.26.050.E of the Bozeman Municipal Code be amended so that such section shall read
as follows:
1. Except in R-S districts, all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways shall be landscaped, as defined in this chapter, and shall include one large canopy tree for each
50 feet of total street frontage rounded to the nearest whole number. When this requirement
conflicts with other requirements of this chapter or other portion of this Code the planning
director review authority may relax this standard to reach an optimal balance in public interests.
a. Acceptable large canopy shade trees for use in public rights-of-way are those
accepted by the forestry department. Street trees must meet the arboricultural
specifications and standards of chapter 16, article V, division 3. The forestry
department, in cooperation with the city tree advisory board, publishes a pamphlet listing acceptable species and proper planting methods. Prior to planting street trees, a
permit from the forestry department is required.
Section 70
Section 38.26.060.A.6 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
237
Page 35 of 65
6. Any use which depends upon off-site parking to meet the requirements of this chapter
shall maintain ownership or provide evidence of a long-term lease agreement, revocable
with review authority city commission approval, running with the term of the designated
use, for parking utilization of the off-site location.
Section 71 Section 38.26.080 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.26.080. - Deviation from landscaping requirements.
A. To achieve the optimal landscape design on individual sites, or to coordinate the landscape design in an area, it may be necessary to deviate from the strict application of landscaping requirements. An application for such deviation shall be processed through the pertinent design
review authority and approved by the review authority city commission.
B. The application for deviation shall be subject to the submittal and procedural requirements
of this chapter, and shall be accompanied by written and graphic material sufficient to illustrate the conditions that the modified standards will produce, so as to enable the city commission to
determine that the deviation will produce an environment, landscape quality and character
superior to that produced by the existing standards, and will be consistent with the intent and
purpose of this article. Upon such a finding, the review authority city commission may authorize
within the neighborhood conservation and entryway corridor overlay districts deviations of up to 20 percent from landscape design standards contained herein.
Section 72 Section 38.27.020.A.1. of the Bozeman Municipal Code be amended so that such section shall
read as follows:
a. When the net residential density of development is known at the time of preliminary plat and net residential density is in excess of eight dwellings per acre, the
requirement for dedication for that density above eight dwellings per acre shall be met
with a cash donation in-lieu of the additional land unless specifically determined
otherwise by the review authority city commission.
Section 73 Section 38.27.030.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. The city commission review authority 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 review authority shall consider the following:
1. 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.
238
Page 36 of 65
3. Location of the site within the B-3 zoning district. The city commission has determined
that cash-in-lieu of land dedication is the default method to satisfy the requirements of
section 38.27.020.A within the B-3 zoning district. The approval authority of a
development within the B-3 zoning district is as governed by section 38.34.010 and use of the in-lieu provisions of this article do not require review of the project by the city
commission.
Section 74
Section 38.27.040 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.27.040. - Park use.
As part of an individual park master plan, the developer shall indicate the proposed use of the
park as active, passive, playground, ballfield, etc. However, the final use of the park shall be
determined by the review authority city commission.
Section 75 Section 38.27.050 of the Bozeman Municipal Code be amended so that such section shall read as follows:
Sec. 38.27.050. - Location.
A. General. The city commission or planning director, review authority, in consultation with
the developer, recreation and parks advisory board, and the planning board if applicable, may determine suitable locations for parks and playgrounds. Park land must be located on land
suitable to and supportive of the activities and functions depicted in the relevant park plan, and
unless the park plan indicates a requirement for another configuration, should be kept in a large
block.
B. Subarea or neighborhood plans. If a subarea or neighborhood plan has been adopted for the area, the subdivision shall comply with the subarea or neighborhood plan for the location of
parks.
Section 76
Section 38.27.070 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
A. General. If consistent with athe growth policy or citywide park plan, and if reviewed and
approved by the review authority city commission, linear parks shall be dedicated to the city to
provide corridors for recreation pathways as defined in section 38.27.110
1. Pathway corridors within required watercourse setbacks shall not be dedicated to the
city as linear parks and such land may not be used to satisfy park land dedication requirements. Instead, cash donation in-lieu of land dedication credit shall be granted only
for the cost of constructing Class II or III recreational trails if public access is provided. The
developer shall provide a detailed cost estimate for installation of the trail, for review and
acceptance by the city, to determine the cash donation credit.
239
Page 37 of 65
a. Within required watercourse setbacks, a public access easement that is at least 25
feet in width shall be provided to ensure adequate room for the construction,
maintenance and use of the trail.
Section 77 Section 38.27.100.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. The review authority city commission shall waive the park dedication or cash donation in-
lieu of land dedication requirement if land equal to or exceeding the area of the dedication
otherwise required by this article is set aside by one of the following means:
The remainder of Paragraph A and its associated subsections to remain as written at present
unless specifically amended.
Section 78
Section 38.27.100.A.6 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
6. A subdivider may dedicate land to School District 7 to provide some or all of the land
area required by section 38.27.020. The area dedicated to the school district may be used for
school facilities or buildings, including but not limited to play grounds or other recreational
facility. Any dedication to the school district shall be subject to the approval of the review
authority city commission and acceptance by the board of trustees of School District 7.
a. In approving a dedication of land to the school district the review authority city
commission shall make affirmative findings that:
(1) Adequate public park land already exists within the vicinity of the
dedicating subdivision to meet service standards established by the city's parks master plan;
(2) The land is located within the city limits or within one mile of city limits;
(3) The school district has established a facility plan to demonstrate how the
dedicated property will be utilized;
(4) The school district's facility plan shall describe any coordination intended for joint use of the property by the school district and the city; and
(5) The option for cash-in-lieu of land described in section 38.27.030 shall not
be used in place of a land dedication to the school district.
b. It shall be noted in a certificate on the plat and in any deed to the land that if
School District 7 later chooses to dispose of the property, it shall revert to the city to be used for park purposes. The land shall be transferred to the city from School
District 7 with clear title and in a condition meeting the minimum development
standards for parks established in section 38.27.080.
240
Page 38 of 65
Section79 Section 38.27.110.B.1 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
1. Recreation pathways. The review authority city commission may require developers to install recreation pathways, to provide recreational and physical fitness opportunities within
the development, as part of the required development improvements. Recreation pathways
include the following facilities:
a. Pathways that do not connect major residential, employment, educational or
service nodes;
b. Pathways that connect parks, but do not connect major residential, employment, educational or service nodes;
c. Pathways that are not ADA accessible due to topography;
d. Pathways located within parks; and
e. Class II and III trails.
Section 80 Section 38.27.110.D of the Bozeman Municipal Code be amended so that such section shall read
as follows:
D. Trail requirements. The class of the trail shall be determined by the review authority
recreation and parks advisory board, and the trail shall be designed and constructed according to any adopted park or recreation plan or other city specifications and standards. Trails and bridges
must meet Americans with Disabilities Act (ADA) specifications for recreational facilities and
maintain a natural appearance. Trail plans and specifications shall be submitted to the planning
and parks departments for review and approval prior to installation.
Section 81 Section 38.28.060.A.4 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
4. Special districts and zones. The guidelines for the underlying zoning districts apply
unless otherwise addressed below:
a. Neighborhood conservation overlay district. Within this district, all signage is subject to issuance of a certificate of appropriateness after review for compliance with
the design guidelines for the neighborhood conservation overlay district. If the
applicant is not requesting sign deviations, the sign application will be reviewed by
ADR staff. If the applicant is requesting deviations, the sign application shall be
subject to review by the design review board and the city commission.
b. Entryway overlay district. Within this district, all signage is subject to issuance of a certificate of appropriateness after review for compliance with the design objectives
plan for entryway corridors. If the applicant is not requesting sign deviations, the sign
241
Page 39 of 65
application will be reviewed by ADR staff. Signage may exceed the underlying zoning
district limitations by up to 20 percent upon review and approval of a deviation by the
review authority city commission, upon after receiving the recommendation of the
appropriate design review advisory body design review board, and upon receipt of a certificate of appropriateness.
c. Interchange zone. Signage may exceed the maximum total sign area permitted by
section 38.28.060 by up to 25 percent upon review and approval of a deviation by the
review authority city commission, upon the recommendation of the appropriate design
review advisory body, and upon receipt of a certificate of appropriateness. Each lot shall be permitted one freestanding sign.
(1) Low profile signs. One low profile sign per zoned lot. The maximum area
for a low profile sign shall be 40 square feet. The sign shall be setback a
minimum of five feet with a maximum height of eight feet.
(2) Pole-style signs. A pole-style freestanding sign shall be set back a minimum of 15 feet and will maintain at least an eight-foot minimum vertical clearance. Pole-style signs shall not exceed a total area of 40 square feet or 16 feet in height,
provided however, that for every two feet said sign is set back from 15 feet
beyond the street right-of-way, the height measured at grade may be increased
one foot, not to exceed a total of 32 feet, and the area may be increased by 2.5 square feet for every two feet that said sign is set back 15 feet beyond the street right-of-way up to a maximum of 120 square feet.
d. Main Street historic district. Permits for signs that encroach into the public right-
of-way shall be obtained in accordance with Chapter 34, Article 5 of the municipal
code from the city manager's office in city hall.
Section 82 Section 38.28.070.B of the Bozeman Municipal Code be amended so that such section shall read
as follows:
B. Defined districts. To qualify as a district an area must have a significant commonality of
purpose, identity and shared functions serving the larger community. Designation as a district is at the discretion of the city and shall only be granted when found to be consistent with the intent
of this article and the city's other adopted regulations, policies and plans. Approval of district
designation is the duty of the planning director review authority who shall make written findings
of the decision.
Section 83 Section 38.28.070.E.6 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
6. A performance bond or other surety acceptable to the city may be required for the
maintenance, replacement, updating, and/or removal of signs in an amount acceptable to the
city planning director.
242
Page 40 of 65
Section 84 Section 38.28.080 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.28.080. - Comprehensive sign plan.
A. A comprehensive sign plan shall be submitted for all commercial, office, industrial and civic uses consisting of two or more tenant or occupant spaces on a lot or two or more lots
subject to a common development permit or plan. A comprehensive sign plan shall not be
approved unless it is consistent with this article, the underlying zoning regulations applicable to
the property and any discretionary development permit or plan for the property. The plan should include the size and location of buildings and the size and location of existing and proposed signs. The purpose of the plan is to coordinate graphics and signs with building design. The
coordination shall be achieved by:
1. Using the same type of cabinet supports or method of mounting for signs of the same
type; using the same type of construction for components, such as sign copy, cabinet and supports; using other types of integrating techniques, such as common color elements, determined appropriate by the review authority planning director.
2. Using the same form of illumination for all signs, or by using varied forms of
illuminations determined compatible by the review authority planning director.
Section 85 Section 38.28.170 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.28.170. - Historic or culturally significant signs.
Signs which have historical or cultural significance to the city but do not conform to the
provisions of this article, maybe permitted provided that the city commission adopts findings supporting the historical or cultural significance of the sign and issues a sign permit. Such
findings shall be adopted by resolution of the city commission.
Section 86
Section 38.28.180.B.4 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
4. Action.
a. After an application is deemed adequate, the review authority planning director
shall act to approve or deny the application within ten working days; or
b. After the application is determined to be adequate for review, if the application
includes a request for a deviation or variance the city shall schedule the application to be heard considered by the review authority at the next available meeting of the city
commission opportunity which allows for required public notice to be given; or
243
Page 41 of 65
c. If the sign application is submitted in conjunction with a site plan or other similar
review then the review process and final review authority shall be coordinated.
Section 87
Section 38.28.190 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.28.190. - Maintenance of permitted signs.
All signs shall be continuously maintained in a state of security, safety and repair. Abandoned
signs and sign support structures shall be removed. If any sign is found not to be so maintained,
or is in need of repair or has been abandoned, it shall be the duty of the owner and the occupant of the premises to repair or remove the sign within 14 calendar days after receiving written notice to do so from the city planning director. If the sign is not so repaired or removed within
such time, the city planning director shall cause the sign to be removed at the expense of the
owner of the premises.
Section 88 Section 38.29.040.B.1.a of the Bozeman Municipal Code be amended so that such section shall read as follows:
a. The provisions of this section 38.29.040.B may be waived by the approval body
review authority as determined by article 19 34 of this chapter where it has been
demonstrated that the waiver will result in superior compliance with the intent and purposes of this chapter.
Section 89 Section 38.30.040 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.30.040. - Wetlands review board powers and duties.
A. In addition to the duties established by article 33 of this chapter, the The WRB shall have the following powers and duties established in 2.05.2900.:
1. Review wetland delineation boundaries and functional assessments for wetlands that
may be impacted by regulated activities;
2. Based on wetland functional assessments and other submittal materials, make recommendations to the planning director, board of adjustment (BOA), or city commission
to allow or disallow the regulated activity;
3. Recommend to the planning director, board of adjustment, or city commission
appropriate wetland buffer widths based on the wetland delineation, functional assessment,
and other submittal materials;
4. Recommend to the planning director, board of adjustment, or city commission
additional conditions on regulated activities that are reasonably necessary to carry out the
purpose and intent of this article;
244
Page 42 of 65
5. Provide recommendations to applicants regarding alternatives to design of
developments that minimize impacts to wetlands and other aquatic resources; and
6 Testify as needed before all boards, commissions and agencies on any matter affecting
wetlands.
Section 90 Section 38.30.060.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. No person shall conduct any of the following regulated activities within a regulated wetland
area, as described in section 38.30.030, without first having the proposed activity reviewed by the WRB and approved by the planning director, board of adjustment, or city commission review authorities established in article 34 as appropriate. Any activity in a regulated area which reduces
the size of a wetland or reduces the degree to which a wetland performs any function is subject to
the requirements of this article, including but not limited to:
1. Placement of any material, including without limitation any soil, sand, gravel, mineral, aggregate, organic material or water;
2. Construction, installation or placement of any obstruction or the erection of a building,
trail, boardwalk or other structure;
3. Removal, excavation or dredging of solid material of any kind, including without
limitation any soil, sand, gravel, mineral, aggregate or organic material;
4. Removal of any existing vegetation or any activity which will cause any loss of vegetation in a wetland;
5. Alteration of the water level or water table by any means, including without limitation
draining, ditching, trenching, impounding or pumping; and
6. Disturbance of existing surface drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics by any means, including without limitation
grading and alteration of existing topography
Section 91
Section 38.30.070. of the Bozeman Municipal Code be amended so that such section shall read
as follows:
Sec. 38.30.070. - Application requirements and procedures for regulated activities in regulated wetland areas.
A. Review. All proposals for regulated activities in regulated wetland areas shall be reviewed
by the WRB. The applicant shall prepare a functional assessment for all reviewed regulated
wetland areas. Based on the prepared functional assessment and other submittal materials, the WRB shall forward a recommendation of approval, conditional approval or denial to the planning director or city commission review authority as established in Article 34.
B. Approval. All proposals for regulated activities in regulated wetland areas shall be reviewed
245
Page 43 of 65
and approved, conditionally approved, or denied by the city in accordance with articles 3, 4, 19
and 20 of this chapter prior to commencement of the regulated activity.
1. If a regulated activity is proposed for a regulated wetland area, but the regulated
activity is not proposed in conjunction with a land development proposal, the applicant shall submit a sketch plan application for review and recommendation by the WRB, and
review and approval by the review authority as established in Article 34 planning director.
C. Submittal materials. The information required in section 38.41.130 shall be submitted for
all regulated activities proposed for regulated wetland areas.
D. Noticing. The review of regulated activities proposed for regulated wetland areas shall comply with the noticing requirements of article 40 of this chapter.
Section 92 Section 38.31.060 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.31.060. - Floodplain administrator.
The city floodplain administrator is has been designated in 38.34.010to be the city engineer. The responsibilities of this position are outlined in section 38.31.130.
Section 93
Section 38.31.090.B.4.2(2) of the Bozeman Municipal Code be amended so that such section
shall read as follows:
(2) Photogrammetric methods may be used in lieu of cross sections whenever
appropriate and when reviewed and approved by the floodplain administrator city
engineer.
Section 94
Section 38.31.090.C of the Bozeman Municipal Code be amended so that such section shall read
as follows:
C. Waiver of requirement. The city engineer floodplain administrator may waive this
requirement where the subdivider contacts the water resources division, state department of
natural resources and conservation, and that agency states in writing that the data indicate that
the proposed subdivision is not in the flood hazard area as defined in this article.
Section 95 Section 38.31.090.C of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. As provided in section 38.34.010 38.31.060, the city floodplain administrator has been
designated by the city commission, and has the responsibility of such position as outlined in this article
246
Page 44 of 65
Section 96 Section 38.32.020 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.32.020. - Changes to or expansions of nonconforming uses.
A. Lawful nonconforming nonresidential use.
1. A lawful nonconforming nonresidential use shall not be changed except in
conformance with the use requirements of the zone in which it is located. Except, however,
a lawful nonconforming nonresidential use may be changed to another nonconforming use,
provided that the proposed use is not of greater intensity than the original use, as determined by the criteria in section 38.32.020.A.2, and that a conditional use permit is
obtained from the review authority city commission. A lawful nonconforming
nonresidential use may be expanded only through the granting of a conditional use permit
by the review authority city commission. In considering the appropriateness of the
conditional use permit application, the review authority city commission shall weigh the criteria set forth in subsection B of this section. In addition, the review authority
commission shall consider whether the expansion is reasonable, natural and incidental to
the growth and use of an existing business. In general, proposals to expand nonconforming
uses shall not be approved if the expansion would encompass new land or property which
was not in use at the time of the enactment of zoning or a change in zoning.
2. To approve a conditional use permit to change or expand a nonconforming nonresidential use, the review authority city commission shall determine that the proposed
nonconforming use is more appropriate to the district than the existing nonconforming use,
and that no unsafe or unhealthy conditions are perpetuated. In making such a determination,
the review authority commission shall weigh the following criteria in addition to the criteria applicable to all conditional use permits:
a. Traffic impacts, both on-site and offsite;
b. Off-street parking and loading requirements;
c. The visual impact on the surrounding area;
d. The degree of compliance with the adopted growth policy and this chapter;
e. The level of conflict with other uses in the surrounding area;
f. The presence of other nonconformities in the surrounding area;
g. The degree to which any existing unsafe or hazardous conditions would be
mitigated;
h. The viability of the subject structure; and
i. On-site and off-site impacts from noise, dust, smoke, surface or groundwater contamination, or other environmental impacts.
247
Page 45 of 65
B. Lawful nonconforming residential use.
1. A lawful nonconforming residential use may be reduced in terms of the number of
dwelling units, in an effort to achieve greater conformance with the underlying zoning
designation, through the review process required by articles 16, 17, and 19 of this chapter, without the need to obtain a conditional use permit from the review authority city
commission. A lawful nonconforming residential use shall not be permitted to increase the
number of dwelling units.
2. The maintenance and reconstruction of existing nonconforming residential dwelling
units is allowed, in compliance with applicable fire and building codes, including expansion of up to 20 percent of the existing total residential area, without the need of a conditional use permit from the city commission, as long as the number of dwelling units on the lot is
not increased. In instances where new construction is allowed, all appropriate approvals
such as a certificate of appropriateness or building permit shall be obtained prior to the
initiation of construction.
Section 97 Section 38.32.030 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
A. At the time of the enactment of the ordinance from which this chapter is derived if any
owner of a plot of land consisting of one or more adjacent lots, as defined in article 42 of this chapter, in a subdivision of record does not own sufficient land within the lot of record to enable
the owner to conform to the minimum lot size requirements, or does not have sufficient lot width
to conform to the minimum lot width requirements, such plot of land may nevertheless be used
as a building site. The lot dimension requirements of the district in which the piece of land is
located may be reduced by the smallest amount that will permit a structure of acceptable size to be built upon the lot, with such reduction to be determined by the review authority designated in
38.34.010city commission. Existing buildings on nonconforming lots may be expanded without
deviations or variances so long as the expansion does not increase or create one or more
nonconformities.
1. In the R-S, R-1 and R-2 districts, the reduction shall permit only a single-household residence.
2. In the R-3, R-4 and R-O districts, the reduction shall permit only a duplex.
Section 98
Section 38.33.010 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
A. Purpose. The development review committee (DRC), design review board (DRB),
administrative design review staff (ADR) and wetlands review board (WRB) are have been
established to coordinate, expedite and ensure fair and equitable implementation of this chapter.
The objective, to be implemented through their procedures and deliberations, shall be to
encourage development quality that will enhance both the natural and built environments, with consideration to present and future property values, and to carry out the purposes of this chapter.
248
Page 46 of 65
All bodies authorized or referenced under this article may call upon any city staff or other
persons with technical expertise, and may testify before any board, commission or other body
upon the subjects for which they have responsibility.
1. DRC. The DRC is established to evaluate all proposals subject to the provisions of this chapter. The DRC is the body charged with reviewing items relating to public health and
safety. The DRC shall act as an advisory body to the review authority established by
38.34.010 for site plans, conditional use permits, planned unit developments, divisions of
land, zone map amendments, annexations and other actions as requested by review
authority.
a. The DRC shall act as an advisory body to the planning director for site plans when no variance or deviation is requested; and
b. The DRC shall act as an advisory body to the city commission or board of
adjustment for larger and more complex proposals including conditional use permits,
planned unit developments, all site plans involving variances or deviations, divisions of land, zone map amendments, annexations and other actions as requested by staff or
the city commission.
2. DRB. The DRB has the duties and responsibilities established by 2.05.3000, BMC.
The DRB is established to evaluate aesthetic considerations of larger and more complex
proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the planning director or city commission,
subject to the provisions of this chapter.
a. The DRB shall act as an advisory body to the planning director for site plans
within overlay districts meeting one or more of the thresholds of section 38.19.040.C
when no variance or deviation is requested; and
b. The DRB shall act as an advisory body to the city commission or board of
adjustment regarding:
(1) Site plans within overlay districts meeting one or more of the thresholds of
section 38.19.040.C when variances or deviations are requested;
(2) Conditional use permits located within overlay districts, but excluding conditional use permits for the purpose of accessory dwelling units and
conditional use permits which do not create additional building area;
(3) Planned unit developments;
(4) Appeals from ADR decisions; and
(5) Review of applications for large scale retail ;
c. The DRB may develop, and after adoption by the city commission, apply specific
guidelines related to such concerns as architectural appearance, landscape design and
signage for the construction and/or alteration of structures, sites or areas;
249
Page 47 of 65
d. The DRB may review applicable development proposal applications for zoning
text amendments, or applications for moving, demolition or any other kind of permit
that may affect properties located within entryway corridors;
e. The DRB has responsibility for projects subject to section 38.19.040.C.
3. ADR. The ADR staff is established as the review body for aesthetic considerations of smaller and less complex proposals which are less likely to produce significant community
impact and to provide recommendations regarding such proposals to the planning director
and city commission review authority established by 38.34.010, subject to the provisions of
this chapter.
a. The ADR staff shall act as the approval authority for sketch plans within overlay districts when no variance or deviation is requested;
b. The ADR staff shall act as an advisory body to the planning director for site plans
within overlay districts not meeting one or more of the thresholds of section
38.19.040.C when no variance or deviation is requested;
a. c. The ADR staff shall act as an advisory body to the planning director review authority regarding reuse/further development permits within overlay districts; and
b. d. The ADR staff shall act as an advisory body to the city commission or board of
adjustment review authority regarding all sketch plans and site plans not meeting one
or more of the thresholds section 38.19.040.B within overlay districts when variances or deviations are requested, for conditional use permits for accessory dwelling units,
conditional use permits where no additional building area will be created, and
nonPUD divisions of land;
c. e. The ADR may develop, and after adoption by the city commission, apply specific
guidelines related to such concerns as architectural appearance, landscape design and signage for the construction and/or alteration of structures, sites or areas; and
d. f. The ADR may review applicable development proposal applications for zoning
amendments, or applications for moving, demolition or any other kind of permit that
may affect properties located within entryway corridors.
4. WRB. The WRB is established to review wetland related submittal materials, prepare functional assessments of regulated wetlands that may be impacted by proposed regulated
activities, evaluate the impacts proposed regulated activities may have on delineated
wetlands and to provide wetlands protection, mitigation and/or enhancement
recommendations regarding such proposals to the planning director, board of adjustment,
and city commission subject to the provisions of this chapter.
a. The WRB shall act as an advisory body to the planning director for sketch plans and site plans when no variance or deviation is requested.
b. The WRB shall act as an advisory body to the city commission, or board of
adjustment if applicable, for larger and more complex proposals including conditional
250
Page 48 of 65
use permits, planned unit developments, subdivisions, all site plans involving
variances or deviations, divisions of land, zone map amendments, and other actions as
requested by staff or the commission. The WRB has the duties and responsibilities
established by 2.05.2900, BMC.
5. BOA. The BOA is established to consider zoning variances, deviations, site plans which include variance or deviations, and conditional use permits, subject to the provisions
of this chapter. Variances and deviations are subject to article 35 of this chapter and
conditional use permits are subject to article 19 of this chapter, in addition to the other
relevant aspects of this chapter. The BOA has the duties and responsibilities established by 2.05.2810, BMC.
B. Development review committee procedures established. To implement this purpose, certain
procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or
biweekly meeting attended by representatives of each of the city departments charged with
development review. Each department shall have the ability and authority to require the DRC to make a recommendation of denial when in their view the project can not meet the requirements and review criteria of this chapter and acceptable conditions do not exist to cure the identified
failings of the project. Written meeting reviews, in the form of staff reports or summary reviews
prepared by the planning department, shall be made setting forth the DRC's recommendation to
the planning director, board of adjustment, or city commission review authorities established in article 34 and reasons for requiring such conditions as may be deemed necessary by the DRC.
These records shall be preserved as part of the official file for each development proposal.
Lastly, the DRC shall generally follow "Robert's Rules of Order" and may prepare and adopt
supplemental procedural rules that will ensure the accomplishment of the stated purpose and
promote the efficiency and effectiveness of the developmental review process.
1. The DRC shall at a minimum be composed of the following personnel: city engineer,
fire marshal, the streets superintendent, the sanitation superintendent, the water/sewer
superintendent, the planning director and the building official. When necessary, other
members of the committee may include: the director of public safety, the superintendent of
facilities and public lands, the superintendent of recreation, the city manager, with other individuals to be included as necessary at the planning director's request.
2. When applicable, the DRC may solicit the input of noncity agencies and persons
including, but not limited to, the county subdivision review officer, the county sanitarian,
the county road superintendent, and state or federal agencies, with other individuals to be
included as necessary.
C. Design review board procedures established. To implement this purpose, certain procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or
biweekly meeting attended by members of the DRB. Written meeting reviews setting forth
decisions and findings shall be made. These records shall be preserved as part of the official
proceedings for each developmental proposal. Lastly, the DRB shall generally follow "Robert's Rules of Order" and may prepare and adopt supplemental procedural rules, upon the approval of
the city commission, that will ensure the accomplishment of the stated purpose and promote the
efficiency and effectiveness of the design review process.
251
Page 49 of 65
1. The DRB shall consist of six professional and two nonprofessional members.
Professional members shall be degreed in their respective disciplines and/or otherwise
licensed or certified by their respective professional authorities. An appointment to a term
of service on the DRB is for two years. The professional contingent shall consist of three architects and at least one architectural historian, and at least one landscape architect or
landscape designer. At least one of the professional members shall have demonstrated
expertise in urban design. Nonprofessional members shall be individuals with an interest in,
or knowledge of, urban design or historic preservation. No member of the DRB shall serve
concurrently as a member of the planning board or zoning commission. A quorum of the DRB shall be four voting members and one of the members constituting the quorum must
be an architect. In the event a quorum of the DRB may not otherwise be attained, the ADR
staff may serve as alternates to prevent delay in project reviews.
2. In selecting the members, the city commission shall give preference to residents of the
city. However, where a qualified professional resident is not available to serve, the city commission may appoint a professional member who practices professionally, owns
property or owns a business within the city. Where a nonprofessional resident is not
available to serve, the city commission may appoint a nonprofessional member who works,
owns property or owns a business within the city. The DRB will be convened as necessary
and shall follow procedures as set forth in 2.05.3020, BMC.
D. Administrative design review staff procedures established. To implement the purposes of this chapter, procedures shall be adopted for the administrative evaluation of a proposal without
public notice or comment, unless a deviation from the underlying zoning is requested. After a
proposal has been evaluated by the ADR staff, they shall issue a written decision that shall
include findings and may include a notice of required corrections. The ADR staff may call a conference with the applicant to determine design alternatives, or the applicant may call a
conference with the ADR staff for the same purpose. Any such conference shall be conducted
prior to the issuance of a building permit for the proposal.
1. ADR staff shall consist of two planning department staff members. One member shall
be degreed or otherwise licensed or certified by such member's respective professional authorities in an environmental design discipline such as architecture, landscape
architecture or urban design. The second member shall be the planning director who may or
may not be degreed in architecture. In the event that necessary ADR staff is not available,
the DRB may act to provide design review services.
E. Waiver of design review. In the event that neither the DRB nor the ADR staff as established in this article are able to complete a quorum or have the necessary personnel to conduct the
reviews otherwise required by this chapter, the requirement for review by DRB or ADR is
waived. Nothing in this section shall constitute a waiver of the required review criteria
established in articles 16, 17, 20, and 30 of this chapter.
F. Wetlands review board procedures established. The WRB will be convened as necessary to review proposals that involve regulated activities and may impact regulated wetlands based on
the provisions contained in article 30 of this chapter. To implement this purpose, certain
procedures shall be adopted to include, but not be limited to, scheduling meetings as needed to
be attended by members of the WRB. Written meeting reviews setting forth decisions and
252
Page 50 of 65
findings shall be made. These records shall be preserved as part of the official proceedings for
each development proposal. Lastly, the WRB shall generally follow "Robert's Rules of Order"
and may prepare and adopt supplemental procedural rules, upon the approval of the city
commission, that will ensure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the wetland review process.
1. The WRB shall consist of six members. An appointment to a term of service on the
WRB is for two years. Members shall be degreed in their respective disciplines and/or
otherwise licensed or certified by their respective professional authorities. Members shall
have experience in at least one of the following wetland and/or stream specializations: ecology, soils, botany, and/or hydrology.
2. In selecting the members, the city commission shall give preference to residents of the
city. However, where a qualified resident is not available to serve, the city commission may
appoint a member who practices professionally, owns property or owns a business within
the city. The WRB will be convened as necessary and shall follow procedures as set forth in 2.05.2920, BMC.
Section 99 Section 38.34.020 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.34.020. - Administration and enforcement; planning director authority.
A. The planning director shall administer and enforce this chapter unless a specific standard is clearly assigned in 38.34.010 to another authority. The planning director may be provided with
the assistance of such other persons as the planning director may supervise and those assistants
shall have essentially the same responsibilities as directed by the planning director.
B. The planning director may in the administration of this chapter consult with other persons having expertise in relevant subject areas as in the planning director's opinion is necessary for the
review of the proposed development or administration of the chapter. When an authority other
than the planning director is assigned responsibility for a particular standard that authority shall
coordinate with the planning director in administration of that standard.
C. If the planning director or other administrator of standards shall find that any of the provisions of this chapter are being violated, the planning director they shall notify in writing the
person responsible for such violations, indicating the nature of the violation and ordering the
action necessary to correct it. The planning director Such administrator may order
discontinuance of illegal use of land, illegal additions, alterations or structural changes; may
order discontinuance of any illegal work being done; or may shall take any other action authorized by this chapter to ensure compliance with or prevent violation of its provisions.
Section 100 Section 38.34.060.B.2 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
2. The planning department shall investigate the claim, the accompanying information and proof, and make a report to the final approval authority (city commission or the
253
Page 51 of 65
planning director) within 30 working days after receipt of the information. If the final
approval authority is the city commission, the city commission shall consider the
information and proof, and shall make a determination regarding the claim at a regular
meeting. Notice of the meeting or presentation of the report shall be given to the claimant and the applicant.
Section 101 Section 38.34.160.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. Violation of the provisions of this chapter or failure to comply with any of its requirements including violations of conditions and safeguards established in connection with the grant of
variances or conditional uses or any of the required conditions imposed by the planning director
and/or city commission review authority shall constitute a misdemeanor. Any person who
violates this chapter or fails to comply with any of its requirements shall upon conviction thereof
be fined or imprisoned or both, either as set forth in state law regarding subdivision and zoning, or in accordance with section 1.01.210, 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 Montana Subdivision and Platting Act shall be deemed a separate and distinct offense.
Section 102
Section 38.35.030 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.35.030. - Administrative project decision appeals.
A.
1. An aggrieved person may appeal the final decision of the planning director
administrative review authority in the manner provided in this section. Any appeal of a final
administrative decision to approve, approve with conditions or deny an application shall be an appeal on the basis of the information available to the planning director administrative
review authority including this chapter, all submitted application materials, review and
recommendations by administrative staff or advisory bodies, public comment and such
other materials as were available. Denial of requests for waiver or alteration of applicable
regulations is not a decision subject to appeal of an administrative decision. This section shall also apply to decisions by the planning director administrative review authority
regarding evasion of the Subdivision and Platting Act per section 38.05.070.
2. Failure to raise an issue during the provided public comment opportunity, in person or in
writing, or the failure to provide statements or evidence sufficient to afford the
administrative review authority an opportunity to respond to an issue, precludes an appeal based on that issue, unless the issue could not have been reasonably known by any party
254
Page 52 of 65
during the time of the public comment opportunity.
B. Application of appeal procedures. Appeals from administrative review authority staff to the
appellate review authority city commission or the courts are set forth in the various sections of
this article chapter. Said aAppeals are permitted under the provisions of this section in the manner set forth herein.
1. These appeal procedures shall apply to the a decisions brought forth by the planning
director by an administrative review authority in their actions to administer this chapter.
2. Appeals shall be from the planning director administrative review authority to the city
commission appellate review authority according to section 38.35.010.
3. In reviewing an appeal the city commission shall consider the application as if it were the original approval.
C. Filing of appeal. An appeal shall be taken by filing with the city clerk of the commission by
5:00 p.m. on the tenth working day following the final decision of the planning director
administrative review authority a documented appeal and appeal fee. Upon receipt of the completed appeal the city clerk shall inform the administrative review authority from whom the appeal is being made of the submission of the appeal.
D. Appeal contents. In all cases, the complete appeal application shall include, and shall not be
deemed filed until, all of the materials required by section 38.41.140 is are submitted.
E. Notice of appeal. Once a complete appeal has been filed and a hearing date for consideration of the appeal is set per subsection F below, notice of the appeal shall be provided
in the same fashion manner as was required for notice of the initial application. The date, time
and location for the public hearing on consideration of the appeal before the city commission
appellate review authority shall be included in the required notice of the appeal.
F. Scheduling of the hearing. Upon receipt of a complete appeal application the city clerk shall place the appeal on the next available regularly scheduled city commission agenda for
scheduling. The city commission shall scheduled the hearing of the appeal within 30 working
days of the agenda item to set the hearing date.
F. Scheduling. Upon receipt of a complete appeal application the city clerk shall place the
appeal on the regularly scheduled appellate review authority agenda. The appeal shall be scheduled for consideration not later than 45 working days of the receipt of a complete appeal.
G. Material. The material to be considered by the city commission review authority shall be
the record of the project review, including the planning director’s administrative review
authority’s decision, in addition to materials that may be submitted during the processing and
review of the appeal.
1. No less than 14 calendar days prior to the appeal hearing before the city commission the planning department shall transfer the entire record of the application to the city
commission.
2. Any materials submitted by the appellant shall be provided to the city commission no
255
Page 53 of 65
less than 14 calendar days prior to the appeal hearing before the city commission.
H. Procedure of the appeal hearing. At the hearing on consideration of the appeal, the
following procedure shall be followed:
1. Only arguments and evidence relevant to the application shall be presented. The presentation shall be made in the following order, subject to such limitations, in time and scope as may be imposed at the discretion of the presiding officer:
a. Explanation of the application and nature of the appeal and presentation by
planning department administrative staff;
b. Presentation of position by the applicant appellant and/or representative;
c. If requested, presentation by landowner if landowner is different than the appellant;
cd. Presentation by any person who is a proponent or an opponent of the application;
and
de. Motion, discussion and vote by the city commission review authority.
2. No person making a presentation shall be subject to cross-examination except that members of the city commission appellate review authority and the city attorney may
inquire of such person for the purpose of eliciting information and for the purpose of
clarifying information presented.
I. Alternative actions available to the appellate body. At the conclusion of the consideration of the appeal hearing, the city commission review authority shall may uphold, amend, or overturn
the administrative project decision. approve, approve with conditions or deny the application.
J. Construction hold. During the time of the appeal all construction shall cease and shall not
commence unless notified in writing to do so by the by the appellate review authority.
Section 103 Section 38.35.040 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.35.040. - Administrative interpretation appeals.
A. A request for appeal of an interpretation of this chapter, including classifications of use per article 7 of this chapter, shall be made by filing an application, with appropriate fees, with the
city clerk of the commission within 20 working days of the interpretation decision. After
receiving a completed application the city clerk of the commission shall schedule a hearing
consideration of the appeal at a regularly scheduled commission meeting of the review authority.
In all cases, the complete application shall include, and shall not be deemed filed until, all of the materials required by section 38.41.150 are submitted.
256
Page 54 of 65
B. The appellate review authority commission shall cause to be made such investigation of
facts bearing on the application as will provide necessary information to ensure that the action on
each such application is consistent with the intent and purpose of this chapter. During the time of
the appeal all construction shall cease and shall not commence unless until approved notified in writing to do so by the by the appellate review authority city commission.
C. When interpreting the meaning of this chapter, subsections of the chapter shall be construed
in a manner that will give effect to them all as the chapter derives its meaning from the entire
body of text taken together.
D. The concurring vote of four members of the commission shall be necessary to reverse any order, requirements, decisions or determination of any administrative official, or to decide in favor of the applicant.
Section 104
Section 38.35.050 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.35.050. - Deviations.
All requests for deviations in the neighborhood conservation overlay district, entryway overlay
districts or through the PUD process shall be heard by the BOA review authority established in
38.34.010. Deviations may only be applied for in conjunction with submittal of a development
proposal of a type authorized by articles 19 and 20 of this chapter. Standards and criteria for award of deviations are contained in articles 16, 17 and 20 of this chapter. The concurring vote
of four members of the BOA shall be necessary to grant requested deviations to this chapter. The
granting of a deviation is an exercise of administrative power that can effect no change in the
chapter. A deviation may be granted only in a specific instance permitting a nonconformity in
order to accomplish the specific objectives of sections 38.16.070, 38.17.080, and 38.20.030.D., and provided the standards and criteria imposed are met. Deviations shall not be granted for
relief from procedural requirements, or to waive or vary the application of an ordinance
provision imposing specific safety requirements, or to waive or vary the application of other
ordinances or statutes.
Section 105 Section 38.35.070 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.35.070. - Subdivision variances.
A. Procedure. The subdivider shall provide during the preapplication process, and include with
the submission of the preliminary plat, a written statement describing the requested variance and the facts of hardship upon which the request is based. The planning board relevant advisory
bodies shall include their findings and conclusion regarding the requested variance in its
recommendation to the city commission. The city commission shall then consider each variance
at the public hearing on the preliminary plat. A public hearing may not be held on a variance in
association with a first minor subdivision.
B. Review criteria. Per MCA 76-3-506, a variance to this chapter must be based on specific
257
Page 55 of 65
variance criteria, and may not have the effect of nullifying the intent and purpose of this chapter.
The city commission shall not approve subdivision variances unless it makes findings based
upon the evidence presented in each specific case that:
1. The granting of the variance will not be detrimental to the public health, safety, or general welfare, or be injurious to other adjoining properties;
2. Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, an undue hardship to the owner would result if strict
interpretation of this chapter is enforced;
3. The variance will not cause a substantial increase in public costs; and
4. The variance will not, in any manner, place the subdivision in nonconformance with any other provisions of this chapter or with the city's growth policy.
C. Variances from floodway provisions not authorized. The review authority city commission
may not, by subdivision variance, permit subdivision for building purposes in areas located
within the floodway of a flood of 100-year frequency as defined in title 76, chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.). Any variances related to floodways shall meet the standards of section 38.35.060.C.4.a.
D. Conditions. In granting subdivision variances, the review authority city commission may
require such conditions as will, in its judgment, secure the objectives of this chapter. Any
approval under this section shall be subject to the terms of the conditions designated in connection therein. Any conditions required shall be related both in purpose and scope with the relief sought through the variance.
E. Statement of facts. When any variance from this chapter is granted, the motion of approval
shall contain a statement describing the variance and conditions upon which the issuance of the
variance is based.
F. Planned unit development. Where the standards and requirements of this chapter are proposed to be modified through a planned unit development, the applicable process shall be a
deviation rather than a variance.
G. Limitations on approvals. For subdivision variances, the variance approval shall be null
and void if the final plat is not filed within the time allowed for final approval by the city’s commission decision.
Section 106 Section 38.39.020.A.2 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
2. Protection of existing improvements. The developer, and the developer's contractors and suppliers shall be jointly and severally responsible to ensure that existing improvements are not
damaged or rendered less useful by the operation of the developer, and the developer's
contractors or suppliers. Such protection of improvements may include requirements for cleaning
of vehicles leaving a construction site. This provision is intended to preclude damage to existing
258
Page 56 of 65
roads, streets, water, sewer and drainage systems. The city engineer may instruct the developer
as to the streets or roads to be used for access by construction equipment, and the developer shall
be responsible for enforcement of this instruction upon the developer's contractors and their
suppliers. The city may require the developer to post a surety to guarantee repair of damages.
Section 107 Section 38.39.030.B.1.b of the Bozeman Municipal Code be amended so that such section shall
read as follows:
b. The subdivider shall meet one of the following requirements for completion of
street improvements. The option shall be specified in the preliminary plat submittal. Should the applicant not identify which option is desired, the option presented in
subsection B.1.b.(1) of this section shall be required. Altering the choice of option
after approval of the development shall constitute a material modification to the
project and require re-review of the project for modification to the approval subject to
the provisions of section 38.01.070
(1) The subdivision streets improvements shall be installed prior to final plat approval. This requirement may be modified by the review authority city
engineer for streets where dictated by circumstances, and where acceptable
improvement security for the ultimate development of the streets is provided.
However, under no circumstances shall the required gravel courses, curbs or gutters be waived. This requirement shall generally not be modified for
nonresidential developments; or
(2) The subdivider shall enter into an improvements agreement guaranteeing
the completion of the paving, curb, gutter, storm drainage, street lighting or other
street infrastructure improvements not yet completed. The improvements agreement shall be financially guaranteed, as explained in this article. However,
at a minimum, the plans and specifications for the street improvements must be
approved by the review authority city engineer prior to final plat approval.
Building permits will not be issued until the street improvements are completed
and accepted by the city unless otherwise provided for in development proposals occurring under the provisions of article 20 of this chapter, planned unit
development (PUD), and pursuant to the criteria established in subsection D of
this section; or
(3) The subdivider may request that street improvements be guaranteed by the
creation of a special improvements district (SID). If a SID is formed for the improvements, the SID bonds must be sold before the final plat can be filed.
SIDs shall not be permitted for the installation of subdivision water and sewer
improvements. Building permits will not be issued until the street improvements
are completed and accepted by the city unless otherwise provided for in
development proposals occurring under the provisions of article 20 of this chapter, Planned Unit Development (PUD), and pursuant to the criteria
established in subsection D of this section.
259
Page 57 of 65
Section 108 Section 38.39.030.C of the Bozeman Municipal Code be amended so that such section shall read
as follows:
C. Completion time for site development. Whenever any building lots and/or building sites are created inside the city limits, and prior to the issuance of any building permits on such lots or
sites, municipal water distribution systems, and municipal sanitary sewer collection systems, and
streets shall be provided to the site. Each building site must utilize and be connected to both the
municipal water distribution and municipal sanitary sewer collection systems. Subject to the
provisions of subsection C.1 of this section, these improvements shall be designed, constructed and installed according to the standards and criteria as adopted by the city and approved by both
the review authority city engineer and water and sewer superintendent prior to the issuance of
any building permits.
1. Provision of municipal central water distribution, municipal sanitary sewer collection
systems, and streets means that the criteria in either subsection a or subsections b and c are met:
a. Water, sewer and street services are installed and accepted by the city with
service stubs being extended into the site, with such stubs being of adequate size to
provide water and sewer service to the proposed development without modification to
publicly owned infrastructure; or
b. The water mains, sewer mains and streets to be extended to provide service to the development are: located within a publicly dedicated right-of-way or casement;
constructed to city standards; are physically adjacent to the site proposed for
construction; are installed and accepted by the city; and are adequate in capacity to
provide necessary service to the proposed development; and comply with the requirements of this subsection C.1.b and subsection C.1.c of this section;
c. Water mains, sewer mains and streets shall meet the following requirements:
(1) Any required on-site extensions of water mains, sewer mains or streets to be
dedicated to the public shall be located entirely within publicly held casements or
rights-of-way; shall serve only a single lot; are the subject of an irrevocable offer of dedication to the city upon completion of the project; the development is under
the control of a single developer who shall retain control of the entire project
until final completion; all work is under the supervision of a single general
contractor; and no subdivision of land is involved;
(2) The DRC shall determine when the standards of this subsection C.1 are met. The fire department must consider whether adequate fire protection services are
available from existing hydrants, and water supply exists to meet needs during
construction. If adequate fire protection does not exist then concurrent
infrastructure and building construction may only occur under the provisions of
subsection C.1.c.(3) of this section. Based on evaluation by the fire department, simultaneous construction of infrastructure to be dedicated to the public and
private construction may be permitted only within a defined portion of the site;
260
Page 58 of 65
(3) Approval of the final engineering design, including location and grade, for
the infrastructure project must be obtained from the engineering department, and
the state department of environmental quality when applicable, prior to issuance
of any building permit for the development; and
(4) No occupancy, either temporary or final, may be issued until all on-site and offsite water, sewer and street or drive improvements are installed and accepted
or approved as applicable by the city.
Section 109
Section 38.39.030.D.13 of the Bozeman Municipal Code be amended so that such section shall read as follows:
13. Subsequent to preliminary plat or plan approval, a concurrent construction plan,
addressing all requirements of this section, shall be submitted for review and approval of
the planning director review authority with a recommendation from the development review
committee.
Section 110 Section 38.39.060.B of the Bozeman Municipal Code be amended so that such section shall read
as follows:
B. If an improvements agreement is used to guarantee the completion of required
improvements, including infrastructure, it may allow for the staged installation of improvements in defined areas and in accordance with an approved time schedule. At the city's discretion, the
improvements in a prior increment may be required to be completed or the payment or guarantee
of payment for costs of the improvements incurred in a prior increment must be satisfied before
development of future increments.
1. If an improvements agreement is filed with the final subdivision plat to secure infrastructure improvements, a separate document shall be filed with the final plat that clearly
states that building permits will not be issued until all water, sewer, storm drainage infrastructure
and streets are installed and accepted. This requirement may be modified by the city engineer for
streets where dictated by circumstances, and where acceptable improvement security for the
ultimate development of the streets is provided. However, under no circumstances shall be the required gravel courses, curbs or gutters be waived. This requirement shall generally not be
modified for nonresidential developments. No building permits will be issued for a subdivision
within the city until all required water, sewer, storm drainage, required street lighting, and street
gravel courses are installed and accepted unless otherwise provided for in development proposals
occurring under the provisions of article 20 of this chapter, Planned Unit Development (PUD), and pursuant to the criteria established in section 38.39.030.D.
Section 111
Section 38.39.060.C.2 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
2. Subdivisions. Improvements agreements for subdivisions shall meet the following standards in addition to those listed in subsection C.1 of this section:
261
Page 59 of 65
a. The length of time of the agreement shall not exceed one year from the date of
final plat approval. The agreement shall stipulate the time schedule the subdivider
proposes for accomplishing the required improvements;
b. The estimated cost of improvements shall be provided by the subdivider's professional engineer. The city engineer has the discretion to require a second estimate
of the cost of improvements, with the cost of obtaining the second estimate borne by
the subdivider. The agreement shall stipulate which type of security arrangements will
be used;
c. Security for improvements for internal subdivision streets, water, storm drainage and sewer mains, or other internal or external improvements shall be reduced only upon recommendation of the city department with responsibility for the type of
infrastructure which has been guaranteed city engineer;
d. Security for improvements other than internal subdivision streets, water, storm
drainage and sewer mains, shall be reduced only upon recommendation of the city engineer and approval by the city commission, upon request by the subdivider;
d. e. The improvements agreement shall be filed with the final plat; and
e. f. The security provided shall be a financial security valid for 18 months.
Section 112
Section 38.41.060.A.16.a(9) of the Bozeman Municipal Code be amended so that such section shall read as follows:
(9) The requirement for approval of the final park plan by the review authority city
commission with a recommendation from the city recreation and parks advisory board prior
to any site work;
Section 113 Section 38.41.070.A.4 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
Sec. 38.41.070. - Final plat.
A. A final subdivision plat may not be approved by the city commission unless all certificates,
with the exception of the director of public service and the county clerk and recorder, have been complied with, signed and notarized and all subdivision regulations and conditions of
preliminary plat approval have been met. A final subdivision plat may not be filed with the
county clerk and recorder unless all certificates, with the exception of the county clerk and
recorder, have been complied with, signed and notarized. This shall include the certification by
the county treasurer that no real property taxes and special assessments assessed and levied on the land to be subdivided are delinquent.
1. A final subdivision plat may not be approved by the city commission or filed by the
county clerk and recorder unless it complies with the uniform standards for final
subdivision plats as established in the Administrative Rule of Montana.
262
Page 60 of 65
2. A letter from the city engineer shall be submitted to the planning department with the
final plat application, where applicable, certifying that the following documents have been
received:
a. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public improvements, including a complete grading and drainage plan.
b. Copy of the state highway access or encroachment permit where a street created
by the plat will intersect with a state highway.
3. Noxious weed MOU. Prior to final plat approval, a memorandum of understanding
shall be entered into by the weed control district and the developer. The memorandum of understanding shall be signed by the district and the developer prior to final plat approval,
and a copy of the signed document shall be submitted to the planning department with the
application for final plat approval.
4. Final park plan. For all land used to meet park land dedication requirements, a final
park plan shall be submitted to the city for review and approval prior to final plat. The installation of any park improvements to meet minimum development standards or
conditions of approval shall comply with article 39 of this chapter. The final park plan shall
be reviewed and approved by the city commission, with a recommendation from the city
recreation and parks advisory board. The final park plan shall include all of the information
listed in section 38.41.060.A.16 and shall include evidence of compliance with the installation requirements of article 39.
5. Irrigation system as-builts. The developer shall provide irrigation system as-builts, for
all irrigation installed in public rights-of-way and/or land used to meet park land dedication
requirements, once the irrigation system is installed. The as-builts shall include the exact
locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box.
6. Affordable housing. The developer shall provide a description of how the subdivision
has complied with chapter 10, article 8. The description shall be of adequate detail to
clearly identify those lots designated as subject to chapter 10, article 8 compliance
requirements and to make the obligations placed on the affected lots readily understandable.
Section 114 Section 38.41.080.A.2.i(3) of the Bozeman Municipal Code be amended so that such section
shall read as follows:
(3) The provision of such information is waived in writing by the city engineer
prior to submittal of a preliminary site plan application; or
Section 115 Section 38.41.090.A.2.b of the Bozeman Municipal Code be amended so that such section shall
read as follows:
b. If the proposal includes an application for a deviation as outlined in section
38.35.050, the application for deviation shall be accompanied by written and graphic
263
Page 61 of 65
material sufficient to illustrate the conditions that the modified standards will produce,
so as to enable the review authority city commission to make the determination that
the deviation will produce an environment, landscape quality and character superior to
that produced by the existing standards, and will be consistent with the intent and purpose of article 17 of this chapter.
Section 116 Section 38.41.120.A.2.c(5) and (6) of the Bozeman Municipal Code be amended so that such
sections shall read as follows:
(5) Traffic impact analysis. Not withstanding the waiver provisions of section 38.41.080.A.2.i, at the discretion of the city engineer, the city may require that a
traffic impact analysis shall be prepared based upon the proposed development.
The analysis shall include provisions of the approved development guidelines,
and shall address impacts upon surrounding land uses. The director of public
servicecity may require the traffic impact analysis to include the information in section 38.41.060.A.12. If a traffic impact analysis has been submitted as part of
a concurrent subdivision review, that analysis shall meet this requirement;
(6) Additional studies and plans. If the development's compliance with the
community design objectives and criteria is under question, the review authority
city commission may require additional impact studies or other plans as deemed necessary for providing thorough consideration of the proposed planned unit
development;
Section 117
Section 38.41.140.A.8 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
8. The specific grounds and allegations for the appeal, and evidence necessary to support
and justify a decision other than as determined by the administrative review authority
planning director.
Section 118
Section 38.41.160.A.11 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
11. Evidence satisfactory to the review authority city commission of the ability and
intention of the applicant to proceed with actual construction work in accordance with said
plans within six months after issuance of permit; and
Section 119 Section 38.42.1070 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
Sec. 38.42.1070. - Final site plan.
The final scale drawings of a preliminarily approved development and any other required
information, the approval of which by the review authority planning director indicates that the
264
Page 62 of 65
required conditions for approval have been met.
Section 120
Section 38.42.2280 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
Sec. 38.42.2280. - Paved parking space or surface.
An area covered by an impervious dustfree surface of asphalt or concrete designed to
specifications of the city engineer.
Section 121
Section 38.42.2990 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
Sec. 38.42.2990. - Street types.
A. For the purposes of these regulations, street types are defined as follows:
1. Alley. A street used primarily for vehicular access to the rear of properties which abut
and are served by public or private streets.
2. Arterial. A street or road having the primary function of moving traffic with emphasis on a high level of mobility for through movement and the secondary function of providing
limited access to adjacent land. Arterial streets are generally designated in the city
transportation plan, however, streets not depicted in the city transportation plan may be
designated as arterials by the review authority specified in 38.34.010city engineer.
a. Principal arterial. Serves the major centers of activity, the highest traffic volume corridors, and the longest trip distances in an urbanized area. This group of streets
carries the highest proportion of the total traffic within the urban area with typical
loads of 10,000 to 35,000 vehicles per day. Most of the vehicles entering and leaving
the urban area, as well as most through traffic bypassing the central business district, utilize principal arterials. Significant intra-area travel, such as between central
business districts and outlying residential areas, and between major suburban centers,
are served by major arterials.
b. Minor arterial. Interconnects with and augments the urban principal arterial
system. It accommodates trips of moderate length and at a somewhat lower level of travel mobility than principal arterials, and it distributes travel to smaller geographic
areas. With an emphasis on traffic mobility, this street network includes all arterials
not classified as principal arterials while providing access to adjacent lands. Minor
arterials typically carry 5,000 to 15,000 vehicles per day.
3. Collector. A street or road that provides equal priority to the movement of traffic, and to the access of residential, business and industrial areas. This type of roadway differs from
those of the arterial system in that the facilities on the collector system may traverse
residential neighborhoods. The system distributes trips from the arterials to ultimate
destinations. The collector streets also collect traffic from local streets in the residential
265
Page 63 of 65
neighborhoods, channeling it into the arterial system. Collectors typically carry 2,000 to
10,000 vehicles per day. Collector streets are typically designated in the city transportation
plan, however, additional streets may be designated as collectors by the review authority
specified in 38.34.010.
4. Cul-de-sac. A street having only one outlet for vehicular traffic and terminating in a turnaround area.
5. Dead-end street. A street having only one outlet for vehicular traffic.
6. Half-street. A portion of the width of a street, usually along the outside perimeter of a
subdivision, where the remaining portion of the street must be located on adjacent property.
7. Local streets. A street having the primary purpose of permitting access to abutting lands and connections to higher systems. Generally, service to higher speed traffic
movements are intentionally discouraged. They typically carry 1,000 to 3,000 vehicles per
day but can carry in excess of 6,000.
8. Loop. A local street which begins and ends on the same street, generally used for access to properties and to control traffic access to arterials or collectors.
Section 122
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 123
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 124
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 125
266
Page 64 of 65
Codification
The provisions of Sections 1-121 shall be codified as appropriate in Chapter 38 of the Bozeman
Municipal Code.
Section 126
Effective Date
This ordinance shall be in full force and effect on _______ day of ___________, 2012.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana,
on first reading at a regular session held on the _______ day of ______ 2012.
____________________________________
SEAN A. BECKER Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City 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 ____ day
of ________________, 2012. The effective date of this ordinance is __________ day of_____________, 2012.
267
Page 65 of 65
____________________________________
SEAN A. BECKER
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
268
CITY COMMISSION/ZONING COMMISSION STAFF REPORT
UDC TEXT AMENDMENT FILE NO. #Z-12064
#Z-12064 UDC Text Amendment Staff Report Page 1 of 6
Item: Unified Development Code Text Amendment Application #Z-12064, a
request to amend the text of the Unified Development Code to revise the provisions establishing the Board of Adjustment and its operations to enable the City Commission to place it on hiatus and to consolidate references to
review authorities throughout Chapter 38, Unified Development Code, and
expand administrative approval authority. Amend additional sections which
are relevant to the same topic if a need to do so is identified during the public review process.
Applicant(s): City of Bozeman, PO Box 1230, bozeman MT 59771
Date/Time: Before the Bozeman Zoning Commission on Tuesday, July 31, 2012 at 6:00
p.m. in the Commission Room, City Hall, 121 North Rouse Avenue,
Bozeman, Montana. Before the Bozeman City Commission on Monday, August 20, 2012 at 6:00 p.m. in the Commission Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana.
Report By: Chris Saunders, Assistant Director
Recommendation: Approval
Suggested Motions: “Having heard and considered public comment, I hereby adopt the findings presented in the staff report and move to recommend approval of the text amendments to Chapter 2 and Chapter 38 of the Bozeman Municipal Code
as included in the draft Ordinance 1827 as requested in application Z-
12064.”
“Having heard and considered public comment, I hereby adopt the findings presented in the staff report and move to recommend approval of the text amendments to Chapter 38 as included in the draft Ordinance 1828 as
requested in application Z-12064.”
PROJECT LOCATION
The proposed edits are applicable throughout the boundaries of the City of Bozeman.
PROPOSAL AND BACKGROUND INFORMATION
The City Commission periodically establishes policy direction for consideration and analysis by staff
and the public. This work plan directs efforts over the subsequent two years. The most recent work plan
included directives to expand Planning Director administrative approvals and to implement
administrative deviation and alternative compliance processes. The City Commission has also directed staff to prepare text amendments to modify the provisions for the Board of Adjustment (BOA) so that
the Board may act either as an independent body or its role may be assumed by the City Commission.
269
#Z-12064 UDC Text Amendment Staff Report Page 2 of 6
A memo summarizing the approval duties was prepared for the City Commission in August 2011. This
memo identified several recommended changes. The City Commission accepted these recommendations
and requested staff to proceed with code amendments as opportunity presented. Fourteen of the 20
recommendations are implemented with this set of code amendments. The others are of a different subject better addressed through a separate amendment.
Key components of the proposed amendments:
1. Relocate the sections of code which establish the BOA from Chapter 38 to Chapter 2. Chapter 2
is the location within the municipal code where advisory boards and commissions are located.
This change does not alter the responsibility of the BOA but improves the organization of the overall municipal code. (Section 2 of Ordinance 1827)
2. Create provisions for the BOA to be activated or placed on hiatus by the City Commission
without having to amend the municipal code every time which amendment process is slow and
costly. The proposed text provides for public notice and hearing before any action to activate or
deactivate an independent BOA. The provisions set forth the process for either option. (Section 2 of Ordinance 1827) Various related sections in Chapter 38 are amended to reflect the changes.
(Sections 3-5 and 7 of Ordinance 1827)
3. Establish a single section of the municipal code, 38.34.010, which assigns responsibility for
review of all actions under Chapter 38, Unified Development Code. Presently, these are scattered
throughout the Chapter and are not consistent. This reflects many changes over the years which did not catch all the places throughout the code where a reference to an approval authority was
made. The proposed change enables staff, appointed and elected officials, and the public to more
easily identify who is responsible for what actions under the code. This section assigns duties to
various officers and identifies those things which are specifically reserved to the City
Commission. Desired changes in the future can then be made to a single section instead of multiple sections scattered through Chapter 38. Currently these references are scattered across
132 different sections of the municipal code. (Section 6 of Ordinance 1827)
4. Expand administrative review authority of the Planning Director by a) including authority to
review and approve city projects which specifically follow all the standards of the ordinance, this
is presently kept by the City Commission; b) allow the Planning Director to approve deviations within the conservation overlay district and the entryway overlay district when there are not
more than two deviations and no deviation requests more than 20% of a change in the standard.
These actions are in paragraph B of Section 38.34.010. (Section 6 of Ordinance 1827)
5. Modify the process for review and action on proposals to demolish structures within the
conservation overlay district. This removes automatic public hearing requirements and allows greater flexibility in updating historic inventory forms. (Section 14 of Ordinance 1828)
The remaining sections of Ordinance 1827 and Ordinance 1828 carry out the changes in references to
review authorities and associated minor changes to sections being edited.
Land use standards and procedures must be updated from time to time to accommodate changing
community needs, priorities, regulatory requirements and changing knowledge. The City of Bozeman continually monitors its Unified Development Code as it is applied to the community. The public review
process for the proposed/draft amendment text allows evaluation of ideas and refinement of specific
text. Revisions may be made to the draft as the process continues.
270
#Z-12064 UDC Text Amendment Staff Report Page 3 of 6
REVIEW CRITERIA:
The Zoning Commission criteria for review of a text amendment are established in statute. The analysis
below notes that review criteria are met with the term ‘yes’; are not met with the term ‘no’; or are not
materially affected with the term ‘neutral’. This report is a summary of Staff’s analysis.
Interpretation and application of the UDC must take into account the document as a whole. If a
substantial change is made then a particular point may be emphasized. To prevent redundancy, when an
earlier review criterion has addressed an issue a later review criterion addressing the same issue may
refer back to the prior answer.
According to Section 38.36.020 of the UDC, the Zoning Commission shall cause to be made an investigation of facts bearing on each text amendment application relevant to zoning. The Zoning
Commission must review the information they consider necessary to assure that the action of each text
amendment application is consistent with the intent and purpose of the UDC. Specifically, the
investigation must address the following criteria as required in Section 76-2-304, Montana Code
Annotated. Locally these are incorporated into Section 38.01.040.C&D, BMC
The Zoning Commission is charged to offer a recommendation only on those criteria established by
Section 76-2-304, MCA which are identified by letter below.
Section 76-2-304, MCA Criteria:
A. Be in accordance with a growth policy.
Yes. The amendment advances a variety of public policy goals as illustrated by this selection of goals and objectives from the growth policy.
Objective G-2.1: Ensure that development requirements and standards are efficiently
implemented, fairly and consistently applied, effective, and proportionate to the concerns being
addressed.
Objective G-2.4: Develop a balanced system of regulatory requirements, programs, and incentives to ensure that development within the Planning Area is in compliance with the
Bozeman Community Plan.
Chapter 3: Land Use
Objective LU-1.4: Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development
which surrounds it. Respect for context does not automatically prohibit difference in scale or
design.
Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed uses, of
brownfields and underutilized property within the City consistent with the City’s adopted standards. Using this approach rehabilitate corridor based commercial uses into a pattern more
supportive of the principles supported by commercial centers.
Objective LU-3.2: Encourage the use and redevelopment of underutilized and brownfield sites
to provide employment and housing which will help to maintain the vibrancy and vitality of the
Historic Core area.
271
#Z-12064 UDC Text Amendment Staff Report Page 4 of 6
This amendment is also supported by the following goal(s) contained in the City’s adopted
Economic Development Plan:
5) Create a more collaborative and effective working partnership between the business
community and the City of Bozeman and effectively manage the City of Bozeman’s regulatory environment to accomplish goals without hindering business expansion and economic growth.
(2) Provide an efficient and well-defined land development process with development
regulations being as flexible as possible and efficiently administered.
(4) Empower the Planning Department staff and the City Commission to build more
efficiency in the decision making process.
These goals and objectives would be accomplished by this amendment by creating provisions for
a simpler review process with greater opportunity for administrative level review. This reduces
delay in the review process. It further provides for review authorities to be adjusted more readily
as needs of the community change
B. The effect on motorized and non-motorized transportation systems.
Neutral. The proposed amendments will not alter or change the UDC regulations or guidelines
pertaining to motorized or non-motorized transportation systems. This amendment may in some
circumstances alter the final approval authority acting on the adopted standards. This change is not
considered to have a negative effect on actual conditions.
C. Secure safety from fire, panic, and other dangers.
Neutral. The proposed amendments do not alter the on-site standards which address this criteria.
D. Promote public health, public safety, and general welfare.
Yes. The amendments do not alter any adopted standards which directly protect the public health or
safety. General welfare is promoted by adopting a more clear set of development standards which
can facilitate investment and development in the community without unnecessary or delays.
The City must have a zoning Board of Adjustment. However, the City Commission can choose to act
in this role if they see fit. The need/desire to have a BOA separate from the City Commission varies
with time and the preferences of the sitting members of the City Commission. Presently, to activate a
BOA requires a code amendment which takes a minimum of four months and considerable cost to
prepare and process. The proposed amendments will simplify this process while still preserving a public process for decision making. This will enable the land development review process to be
more responsive to current needs and policy direction while maintaining consistency in the
municipal code text itself.
E. Reasonable provision of adequate light and air.
Neutral. The amendments do not alter any adopted standards which would affect this criterion.
F. Prevention of overcrowding of land.
Neutral. These amendments are not altering requirements for lot coverage or building density.
Objectively, overcrowding is a condition where the intensity of the use of land overwhelms the
ability of infrastructure and buildings to meet the needs of users. This functional problem is
addressed by ensuring the installation of water, sewer, transportation, and other services. The proposed amendments do not alter the standards for provision of services.
272
#Z-12064 UDC Text Amendment Staff Report Page 5 of 6
G. Avoiding undue concentration of population.
Neutral. The proposed amendments do not change standards for density of population. See also item
F above.
H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.
Neutral. See items A, D and F.
I. Conserving the value of buildings.
Yes. The proposed amendments retain all provision of adequate services requirements for buildings
as well as improve or allow an alternative review procedure. These changes improve the general development climate within Bozeman. The changes also facilitate development, redevelopment and upgrades to vacant or existing sites through the provision of an administrative review procedure for
redevelopment within the overlay districts when minor deviations are requested. The proposed
changes also remove barriers to removal of structures which are intrusive in their character in
historic areas. This will enable easier construction of new buildings which are an improvement and asset to the historic areas.
J. Character of the district.
Neutral. As noted earlier, these amendments are not limited to a particular zoning district but are
generally applicable.
K. Peculiar suitability for particular uses.
Neutral. See discussion under item J.
L. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The proposed amendments are consistent with the overall policies and goals of the City as
indentified under item A.
M. Promotion of Compatible Urban Growth.
Neutral. The proposed amendment does not expand the development area of the City nor are likely
to materially change the growth pattern of the city. By retaining the underlying development
standards for mitigation of proposed developmental impacts, the amendments retain all standards
that require growth be compatible with existing uses and needs.
STAFF FINDINGS/CONCLUSION
Planning Staff has reviewed this application for a Unified Development Code text amendment against
the criteria set forth in statute and reflected in the Unified Development Code. Staff’s analysis finds that
this application satisfies the required criteria. Based on the evaluation of said criteria and findings by the Planning Staff, staff recommends APPROVAL of the requested amendment.
Pursuant to Section 76-2-307 Montana Codes Annotated, the Zoning Commission shall review the
Unified Development Code text amendment application to determine if the proposed amendment meets the requirements of the adopted Growth Policy, state statute, and other adopted state and local ordinances. The Zoning Commission shall act to recommend approval or denial of the Unified
Development Code text amendment. The recommendations will be forwarded to the Bozeman City
273
#Z-12064 UDC Text Amendment Staff Report Page 6 of 6
Commission for consideration at its public hearing on June 18, 2012. The City Commission will make
the final decision on the application.
PUBLIC COMMENT
As of the writing of this report, no public comment has been received in response to the public notification of this proposed text amendment.
In the case of protest against these changes signed by the owners of 25% or more of either of the
area of the lots included in the proposed change; or those lots 150 feet from a lot included in a
proposed change, such amendment may not become effective except upon a favorable vote of two-thirds of the present and voting members of the City Commission.
ATTACHMENTS
Application Materials
Draft Ordinances 1827 and 1828 with proposed amendments
August 2011 Memo to City Commission regarding approval authorities
274
Zone Code Amendment #Z-12064
1
RESOLUTION #Z-12064 RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF ZONE CODE AMENDMENT APPLICATION #Z-
12064 INCLUDING PROPOSED ORDINANCE 1827 OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY CREATING AND RESERVING SECTIONS 2.05.2730 THROUGH 2.05.2790; BY CREATING SECTIONS 2.05.2800, 2.05.2810,
2.05.2820, AND 2.05.2830; AND BY AMENDING SECTIONS 38.17.090, 38.33.010.G,
38.33.020.E, 38.34.010, 38.35.010, 38.35.020, 38.35.060, AND 38.40.020.A.5 TO REVISE THE TERMS FOR THE ESTABLISHMENT AND OPERATIONS OF A ZONING BOARD OF ADJUSTMENT TO ENABLE FLEXIBILITY IN ITS APPOINTMENT AND ASSIGNMENT OF RESPONSIBIILITIES AND TO CONSOLIDATE REFERENCES TO
REVIEW AUTHORITIES THROUGHOUT CHAPTER 38 AND PROPOSED
ORDINANCE 1828 AMENDING SECTIONS 38.01.080, 38.02.030, 38.03.040, 38.04.040, 38.05.070, 38.05.090, 38.08.020, 38.07.070, 38.09.020, 37.11.070, 38.16.020, 38.16.080, 38.17.020, 38.17.050, 38.17.080, 38.19.060, 38.19.070, 38.17.090, 38.19.110, 38.19.140, 38.20.020, 38.20.030, 38.20.040, 38.20.070, 38.20.080, 38.20.090, 38.21.030, 38.21.060,
38.22.110, 38.22.120, 38.22.130, 38.22.180, 38.22.150, 38.22.180, 38.22.190, 38.22.200,
38.23.010, 38.23.020, 38.23.060, 38.23.070, 38.23.080, 38.23.150, 38.23.180, 38.24.010, 38.24.060, 38.24.090, 38.24.110, 38.24.120, 38.25.020, 38.24.040, 38.25.050, 38.24.060, 38.26.040, 38.26.050, 38.26.060, 38.26.080, 38.27.020, 38.27.030, 38.27.040, 38.27.050, 38.27.070, 38.27.100, 38.27.110, 38.28.060, 38.28.070, 38.28.080, 38.28.170, 38.28.180,
38.28.190, 38.29.040, 38.30.040, 38.30.060, 38.30.070, 38.31.060, 38.31.090, 38.32.020,
38.32.030, 38.33.010, 38.34.020, 38.34.060, 38.34.160, 38.35.030, 38.35.040, 38.35.050, 38.35.070, 38.39.020, 38.39.030, 38.39.060, 38.41.060, 38.41.070, 38.41.080, 38.41.090, 38.41.120, 38.41.140, 38.41.160, 38.42.890, 38.42.1070, 38.42.2280, AND 38.42.2990, TO CONSOLIDATE REFERENCES TO REVIEW AUTHORITIES THROUGHOUT
CHAPTER 38 IN CONJUNCTION WITH ORDINANCE 1827 AND TO MODIFY
PROCESS FOR DEMOLITION OR MOVEMENT OF STRUCTURES WITHIN THE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning
regulations if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning regulation
amendment requests; and
275
Zone Code Amendment #Z-12064
2
WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700 of the Bozeman Municipal Code as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 36 of the Bozeman Unified Development Code sets
forth the procedures and review criteria for zoning text amendments; and
WHEREAS, the City of Bozeman initiated code amendments to modify the municipal code provisions relating to the Board of Adjustment and review authority for land use
applications; and
WHEREAS, the proposed text amendment request and draft Ordinance and Resolution has been properly submitted, reviewed and advertised in accordance with the procedures set forth in Chapter 38, Article 36 of the Bozeman Unified Development Code and Title 76, Chapter 2,
Part 3, M.C.A.; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on July 31, 2012, to formally receive and review all written and oral testimony on the proposed amendments; and
WHEREAS, no public comment was received and no public comment was expressed at
the public hearing; and WHEREAS, the Zoning Commission discussed the offered comments and Staff’s review
of the proposed amendments; and
WHEREAS, the City of Bozeman Zoning Commission finds that the proposed amendments complied with the review criteria;
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning
Commission, on a 5-0 vote, officially recommends to the Bozeman City Commission approval of
the recommended amendments in draft Ordinances 1827 and 1828. DATED THIS 31st DAY OF JULY, 2012, Resolution #Z-12064
_____________________________ ____________________________ Tim McHarg, Director Erik Garberg, Chairperson Dept. of Planning & Community Development City of Bozeman Zoning Commission
276
ZONING COMMISSION MINUTES
TUESDAY, JULY 31, 2012
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Garberg called the meeting to order at 6:00 p.m. and ordered the Recording
Secretary to take attendance.
Members Present:
Randy Wall, Vice Chairperson
Trever McSpadden
David Peck
Erik Garberg, Chairperson
Nathan Minnick
City Commission Liaison:
Members Absent:
Staff Present:
Tim McHarg, Planning Director
Chris Saunders, Assistant Planning Director
Tara Hastie, Recording Secretary
Guests Present:
ITEM 2. PUBLIC COMMENT {Limited to any public matter within the jurisdiction of the
Zoning Commission and not scheduled on this agenda. Three-minute time limit per speaker.}
Seeing there was no general public comment forthcoming, Chairperson Garberg closed this
portion of the meeting.
ITEM 3. MINUTES OF JULY 17, 2012
MOTION: Mr. McSpadden moved, Vice Chairperson Wall seconded, to approve the minutes of
July 17, 2012 as presented. The motion carried 4-0. Those voting aye being Chairperson
Garberg, Mr. McSpadden, Mr. Minnick, and Vice Chairperson Wall. Those voting nay being
none.
ITEM 4. PROJECT REVIEW
1. Municipal Code Amendment Application #Z-12064 – (Draft Ordinances 1827 and 1828) A
Zone Code Amendment requested by the applicant City of Bozeman, P.O. Box 1230,
Bozeman, MT 59771 to amend the Bozeman Municipal Code to revise the provisions
establishing the Board of Adjustment and its operations to enable the City Commission to
Page 1 of 4
Zoning Commission Minutes – July 31, 2012 277
place it on hiatus and to consolidate references to review authorities throughout Chapter 38,
Unified Development Code, and expand administrative approval authority. (Saunders)
Assistant Planning Director Chris Saunders presented the Staff Report noting the proposal was a
little odd as there were two ordinances being reviewed under the same application number at the
advice of the City Attorney and to keep relevant documentation in a single location. He stated
the changes were largely driven by City Commission directives on policy. He stated the
ordinances and Staff Report would be available online until the City Commission hearing action.
He stated it would likely be scheduled for August 20, 2012 City Commission hearing and had
been tentatively scheduled as such.
Assistant Director Saunders noted that the first actions in Ordinance 1827 had been proposed to
simply relocate the text for the convenience of the reading public. He stated the second action in
Ordinance 1827 had been proposed as the State of Montana requires the City of Bozeman to
have a Board of Adjustment, but the City Commission could be the Board of Adjustment
themselves and exercise those responsibilities. He stated each time a change was executed, it
took several months and a lot of Staff time; the code would now include a process that would
allow the activation or inactivation of the Board of Adjustment and would include a public
hearing instead of a code amendment each time. He noted the City Commission could choose to
delegate some or all types of projects at such a time they decided to activate the Board.
Assistant Director Saunders stated Staff had proposed to group all the approval authorities within
a single location so something didn’t get missed. He added the approval authorities would also
be specified. He noted that the City Commission had retained certain review authority as
required but there were some things that could be passed off to other approval authorities. He
stated the exact scope of the review authority would vary from time to time and there had been a
proposed expansion of the administrative review authority. He noted some of the items that
would be included in the administrative review authority amendments. He stated that Staff
proposed that a City property project not claiming any kind of an exemption could be
administratively reviewed. He stated the demolition of properties within the Neighborhood
Conservation Overlay, if they met code criteria, had also been proposed for administrative
review authority.
Assistant Director Saunders stated well over 100 sections would be amended to remove the
specific name of the review authority and would instead refer to the new section relocating the
text that describes the advisory bodies and approval authorities. He stated any administrative
decision by any Staff member could be appealed but if the person knew of the proposal, had time
to comment, and did not do so the provision would prevent new information from being
presented; an amendment intended to make the process more fair. He stated Staff was asking for
two motions because there were two different ordinances involved and would provide a more clean recommendation. Mr. Minnick asked for clarification regarding the delegation of the Board of Adjustment duties.
Assistant Director Saunders responded that the City had to have a Board of Adjustment, but the
Page 2 of 4
Zoning Commission Minutes – July 31, 2012 278
City Commission could choose to handle those duties themselves.
Chairperson Garberg asked how the Board of Adjustment hiatus would work. Assistant Director
Saunders responded that the City Commission would review and appoint applicants under their
current process for appointing members of boards.
Mr. Peck joined the Zoning Commission.
Chairperson Garberg called for public comment. Seeing none forthcoming, the public comment
period was closed. MOTION: Mr. McSpadden moved, Mr. Minnick seconded, that having heard and considered
public comment, to hereby adopt the findings presented in the staff report and to recommend
approval of the text amendments to Chapter 2 and Chapter 38 of the Bozeman Municipal Code
as included in the draft Ordinance 1827 as requested in application Z-12064.
Mr. Minnick stated he found the proposal to be in keeping with the review criteria as set forth in
the ordinance.
The motion carried 5-0. Those voting aye being Chairperson Garberg, Mr. McSpadden, Mr.
Minnick, Mr. Peck, and Vice Chairperson Wall. Those voting nay being none.
MOTION: Mr. Minnick moved, Vice Chairperson Wall seconded, that having heard and
considered public comment, to hereby adopt the findings presented in the staff report and to
recommend approval of the text amendments to Chapter 38 as included in the draft Ordinance
1828 as requested in application Z-12064.
Mr. Minnick stated he found the proposal to be in keeping with the review criteria as set forth in
the ordinance.
The motion carried 5-0. Those voting aye being Chairperson Garberg, Mr. McSpadden, Mr.
Minnick, Mr. Peck, and Vice Chairperson Wall. Those voting nay being none.
ITEM 5. NEW BUSINESS
Planning Director McHarg noted there would be a Zoning Commission meeting on August 7,
2012.
Mr. Minnick announced that he would be resigning from the Zoning Commission after seven
years of service due to his work schedule and that he did not think he could devote the necessary
time to meetings. The Zoning Commission expressed appreciation for his service.
ITEM 6. ADJOURNMENT AND CALL TO ORDER OF JOINT MEETING
The Zoning Commission meeting was adjourned at 6:22 p.m.
Page 3 of 4
Zoning Commission Minutes – July 31, 2012 279
Page 4 of 4
Zoning Commission Minutes – July 31, 2012
Erik Garberg, Chairperson Tim McHarg, Planning Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
280
community planning zoning subdivision review annexation historic preservation neighborhood planning urban design GIS
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
TO: CITY COMMISSION
FROM: PLANNING STAFF RE: APPROVAL STRUCTURE IN TITLE 18, UNIFIED DEVELOPMENT DATE: AUGUST 22, 2011
Title 18, Unified Development Ordinance (UDO) , Bozeman Municipal Code contains procedures and standards for subdivision and site development. It pulls together many different subjects and can apply in many different circumstances. Some of the procedures are given specific steps and approval
requirements by state law. Only Commission actions are mandated to give final approvals. All of the
UDO is affected by a myriad of state and federal laws and judicial rulings.
To help understand the dynamics of the UDO, a chart of sections of the document is provided below. It lists: what sections the approval body is/are mentioned in; which approval body is/are affected; and
whether that approval is required by statute. This list was prepared in support of the City Commission’s
2011-2012 work plan. The chart is not exhaustive of all possible approvals. Some actions require
consultation and approval by agencies outside of the City as well as within the City’s organization. The external agencies are not listed.
Generally, the assignment of responsibilities for approval are laid out in Section 18.64.010. As noted in
that section, the City Commission has reserved to itself the ability to take back review of an application
which normally is delegated to others. The City Commission has also reserved to themselves, as the original review body, some specific items they consider of community importance such as the review of large scale retail.
In the last quarter of 2010, the Planning Board and Staff discussed various options to consider to
revise the City’s land use and development processes. Staff committed to providing several options for consideration. This memo presents for consideration and discussion 20 possible changes. A prioritization is offered for consideration as well. This list of potential changes is limited to the approval
authority. Other options will be presented for discussion under other procedural or standards discussions
later. The recent set of text amendments approved by the Commission in June began implementing the
Planning Board and Staff discussions. Shading is provided to help indicate subject matter. Items in white are generally applicable. Items in
blue are specific to subdivisions. Items in green are specific to zoning. Yellow text shows item, person,
and priority to possibly alter the designated approval authority and the priority for consideration.
REVIEW TYPE City Commission State Law Required Board of Adjustment Planning Director City Engineer
1 City owned land 18.02.080 - Any approval
1
Medium
When
compliant
281
Page 2
REVIEW TYPE City Commission State Law Required Board of Adjustment Planning Director City Engineer
2 Correction of Errors, Amendments, or
Vacation of Final Plat 18.04.030 1 1
3 Concurrent Review 18.06.030 - Allows
simultaneous state and local review of
infrastructure plans 1 1
4 Preliminary Plat 18.06.040.D - Approve
preliminary plat 1 1
5 Final Plat 18.06.060.E - Allows recording of plat and sale of lots 1 1
6 Final Plan 18.08.040 - Subdivisions by rent
or lease 1 1
7 Exemptions from Surveying and Filing Requirements but Subject to Review
18.10.030 - Subdivisions by rent or lease 1 1
8 Procedures and General Requirements 18.10.060 - Approval of subdivision
exemptions 1
9 Official Map Replacement Conditions
18.14.030 - Replace the zoning map 1 1
10 Boundary Interpretation Guidelines 18.14.040.B - Interpret the zoning map
when it isn't clear 1
11 Boundary Interpretation Guidelines 18.14.040.C - Interpret the zoning map
when it isn't clear 1
12 Classification of Particular Uses - Planning Director and City Commission Authority
18.14.050.A - When there is a new use 1 1
13 Zoning of Annexed Territory 18.14.060 -
Initial zoning at the time of annexation 1 1
14 Additional RMH Performance Standards 18.16.080.A.2 - minimum size of RMH
zoning district 1
Low Delete Standard
15 Special Standards 18.19.070.A - Minimum size of UMU zoning district 1
16 Conservation District Designation or
Recision 18.28.030 - Designation as a historic land mark or added to historic
preservation review
1
17 Certificate of Appropriateness 18.28.040 -
Approve projects 1 1 1 - Majority
18 Deviations from Underlying Zoning
Requirements 18.28.070 - grant special exceptions 1 1 Medium
19 Demolition or Movement of Structures or
Site Within the Conservation District 18.28.080.B - Approve removal of structure 1 1 High
20 Demolition or Movement of Structures or
Site Within the Conservation District 18.28.080.C - Approve removal for
historically significant structures
1 Medium
282
Page 3
REVIEW TYPE City Commission State Law Required Board of Adjustment Planning Director City Engineer
21 Deviations from Overlay or Underlying
Zoning Requirements 18.30.080.A - Approve special exceptions 1 1 Medium
22 Introduction 18.34.010.D - Approval for
conditional uses 1
23 Sketch Plan Review 18.34.050.A.3 -
Determination of submittal requirements 1
24 Site Plan Review 18.34.070.B.1.a - Approval of site plans 1
25 Site Plan Review 18.34.070.B.2 - Approval
of site plans with special exceptions and conditional uses 1 Medium
26 Site Plan Review 18.34.070.B.3.a -
Approval of master site plans 1
1 (when
compliant)
27 Board of Adjustment Consideration and
Records for Conditional Use Permits 18.34.100 - Approval of conditional uses 1 1 (F.2 only)
28 Final Site Plan 18.34.130.A - Approve final
site plan 1
29 Final Site Plan 18.34.130.D - Approve final
site plan e1tensions 1
30 Final Site Plan 18.34.130.E - Approve final site plan e1tensions 1
31 Amendments to Sketch and Site Plans
18.34.150.B - Approve amendments 1
32 Re-use, Change in Use or Further Development of Sites Developed Prior to
the Adoption of this Ordinance Codified in this Title 18.34.170.A 1
33 Improvements to Existing Developed Sites Independent of Site Plan Review
18.34.180.A - Allow incremental improvements without full site plan review 1
34 Special Temporary Use Permit 18.34.190.C
- Allow short term activities 1
35 Application and Uses of a Planned Unit Development 18.36.020.D - Approve
planned unit development 1
36 Planned Unit Development Review Procedures and Criteria 18.36.040.C.3 -
Approval of final PUD plan 1
37 Planned Unit Development Review Procedures and Criteria 18.36.040.C.4.a -
Approve minor changes to a PUD 1
38 Planned Unit Development Review Procedures and Criteria 18.36.040.C.4.b - Approve major changes to a PUD 1
39 Duration of Planned Unit Development
Approval 18.36.060.A.2 - Extend preliminary approval 1
283
Page 4
REVIEW TYPE City Commission State Law Required Board of Adjustment Planning Director City Engineer
40 Duration of Planned Unit Development
Approval 18.36.060.A.3 - Extend preliminary approval beyond 1 year 1 High
41 Duration of Planned Unit Development
Approval 18.36.060.B.1 - Extend final PUD plan approval 1
42 Duration of Planned Unit Development Approval 18.36.060.B.2 - Extend final PUD
plan approval beyond 1 year 1 High
43 Planned Unit Development Design Objectives and Criteria
18.36.090.E.a.(7).(b).(v) - Locate open space outside of PUD boundaries
1
44 Use of Lands - Buildings and Structures
18.38.030.D.2 - Alternate muncipal infrastructure requirements 1
45 Home Based Businesses 18.40.110.C.4 -
Determine when a conditional use permit is required 1
46 Manufactured Homes on Individual Lots
18.40.130.D - Approve siting of manufactured home on individual lots 1
47 Portable Carry-Out Food and Beverage Buildings 18.40.160.E - Approve special
temporary use permit 1 1
48 Large Scale retail, size limiations and design and site develompent guidelines and
requirements 18.40.180.C.4 - Approve site development
1 Medium
49 Stable, Commercial 18.40.190.G - Require
dust control 1
50 Stable, Commercial 18.40.190.H - Provide for adequate parking 1
51 Tennis and Raquet Club 18.40.200.C - Approval for holding tournaments 1 High
52 Tennis and Raquet Club 18.40.200.E -
Restrict hours of operation 1 High
53 Neighborhood Centers 18.42.020.F - Allow location of stormwater facilities 1
54 Municipal Water, Sanitary Sewer and
Storm Sewer Systems 18.42.070.A.3 - Exception to not extend infrastucture to
adjacent property
1
55 Municipal Water, Sanitary Sewer and Storm Sewer Systems 18.42.070.B.1 -
Maximum length of dead end water mains 1
56 Municipal Water, Sanitary Sewer and Storm Sewer Systems 18.42.070.B.2 - Maximum length of service lines 1
57 Grading and Drainage 18.42.080.B -
Exceptions to stormwater controls 1
58 Lighting 18.42.150.B.3 - Allow alternate lighting standard 1
284
Page 5
REVIEW TYPE City Commission State Law Required Board of Adjustment Planning Director City Engineer
59 Lighting 18.42.150.D.7.j - Allow high
intensity lights for special events 1
60 Streets, General 18.44.010.A - Exception
from extending streets to adjacent property 1 Low
61 Streets, General 18.44.010.E.1 - Turn-arounds on dead end streets 1
62 Streets, General 18.44.010.G - Partial street
construction 1
63 Streets, General 18.44.010.I - Allowance for cul-de-sac 1
64 Street Names 18.44.040.A.2 - Allowing
names of streets 1
65 Street Improvement Standards 18.44.060 -
Plans and specifications for streets 1
66 Street Improvement Standards 18.44.060.A - Approval of proposed street surfacing 1
67 Street Improvement Standards
18.44.060.B.2 - Alley specifications 1
68 Street Improvement Standards 18.44.060.C - Traffic signal spacing 1
69 Access 18.44.090.A.1.a - Approval of curb
cuts and sidewalks 1
70 Access 18.44.090.G - Location and width
of drive accesses 1
71 Access 18.44.090.H - Modifications to property accesses 1
72 Stall, Aisle and Driveway Design
18.46.020.F - Alternatives to surfacing for parking areas 1
73 Stall, Aisle and Driveway Design
18.46.020.J.3 - Alternatives to curbing 1
74 Number of Parking Spaces Required 18.46.040.B.1 - Classification of parking
requirement for non-specified uses 1
75 Joint Use of Parking Facilities 18.46.050.B - Allow joint use of parking area 1
76 Mandatory Landscaping Provisions 18.48.050.E.1 - Minimum landscaping
requirements for street frontage 1
77 Mandatory Landscaping Provisions 18.48.050.H.2 - Protection of landscaped
areas 1
78 Mandatory Landscaping Provisions 18.48.050.L.3 - Maximum allowed slope
for landscaped areas 1
79 Cash Donation in-Lieu of Land Dedication 18.50.030 - Determine if land or money
best meets requirements 1 1
Medium If CC not
otherwise
required
80 Park Use 18.50.040 - Determination of park
usage 1
285
Page 6
REVIEW TYPE City Commission State Law Required Board of Adjustment Planning Director City Engineer
81 Location 18.50.050.A - Suitable location
for parks 1 1 1
82 Waiver of Required Park Dedication
18.50.100 - Waive park dedication 1 1
83 Sign Permitted Upon Issuance of a Sign Permit 18.52.060 - Approve sign permits 1
84 Sign Permitted Upon Issuance of a Sign
Permit 18.52.060.D - Deviations for signs 1
85 Comprehensive Sign Plan 18.52.070 - Approve integrating elements in a
comprehensive sign plan 1
86 Historic or Culturally Significant Signs 18.52.160 - Approve exceptions 1
87 Application 18.52.170 - Review of sign
applications 1 1
88 Application Requirements and Procedures
for Regulated Activities in Regulated Wetland Areas 18.56.070.B.1 - Approval of
sketch plans for wetland changes 1
89 Floodplain Administrator 18.58.060 - Designates the floodplain administrator 1
90 Flood Hazard Evaluation
18.58.090.B.4.d.(2) - Contents of flood hazard report 1
91 Flood Hazard Evaluation 18.58.090.C -
Allow waiver of flood hazard report 1
92 Changes to or Expansions of Nonconforming Uses 18.60.020.A.1 - Change or expand non-residential 1 High
93 Changes to or Expansions of
Nonconforming Uses 18.60.020.B.1 - Residential 1 High
94 Nonconforming Area and Bulk
Requirements for Existing Lots 18.60.030.A - Allow use of substandard lot 1 High
95 Purpose of DRC, DRB, ADR, WRB, and
BOA 18.62.010.A - Establishes general responsibilities 1
96 Purpose of DRC, DRB, ADR, WRB, and
BOA 18.62.010.A.5 - Assigns specific duties 1
97 Purpose of DRC, DRB, ADR, WRB, and BOA 18.62.010.C - Appointment of DRB
members 1
98 Purpose of DRC, DRB, ADR, WRB, and BOA 18.62.010.F - Appointment of WRB
members 1
99 Purpose of DRC, DRB, ADR, WRB, and BOA 18.62.010.G - Appointment of BOA
members 1 1
100 General Procedures, Noticing and Timing 18.62.020.A - Establishment of review fee 1
286
Page 7
REVIEW TYPE City Commission State Law Required Board of Adjustment Planning Director City Engineer
101 Review Authority 18.64.010.A - Overall
review authority 1
102 Review Authority 18.64.010.B - General
Planning Director authority for review of
applications 1
103 Review Authority 18.64.010.C - General
BOA authority for review of applications 1
104 Administration and Enforcement - Planning Director Authority 18.64.020.A - Authorize
Planning Director to administer Title 18 1
105 Administration and Enforcement - Planning Director Authority 18.64.020.C - Authority
to stop work 1
106 Enforcement Planning Director 18.64.030 - Assignment of enforcement authority 1
107 Stop Work Order - Planning Director,
Building Official, City Engineer Authority 18.64.040 - Can issue order to cease all work 1 1
108 Building Permit Requirements 18.64.100.F
- Extension of approval duration 1
109 Fee Schedule 18.64.140.A - Authority to set fee schedule 1
110 Violation - Penalty - Assisting or Abetting -
Additional Remedies 18.64.160.E - Authorization to record a notice of violation 1 Low
111 Purposes 18.66.010.B - Authorization for
zoning variances 1
112 Purposes 18.66.010.C - Authorization for
subdivision variances 1
113 Administrative Project Decision Appeals 18.66.030 - Who hears appeals 1
114 Administrative Interpretation Appeals
18.66.040 - Decide appeals of administrative decisions 1
115 Deviations 18.66.050 - General authority to
hear deviations 1 Medium w/
parameters
116 Zoning Variances 18.66.060.D.1 -
Authorization to approve variances 1
117 Initiation of Amendments and Changes 18.68.010 – Approve amendments to the
text of the UDO 1 1
118 Protest Text Amendments 18.68.040 -
Standard to override a protest of a zoning
text change 1 1
119 Public Hearing Procedures and
Requirements 18.70.030 - Approve zone map amendments 1 1
120 Covenants 18.72.010 - Approval of
covenants 1 1
121 Covenants 18.72.030.H.2 - City assumption of responsibility of private improvements 1
287
Page 8
REVIEW TYPE City Commission State Law Required Board of Adjustment Planning Director City Engineer
122 Standards for Improvements 18.74.020.B -
Approval of improvements to be dedicated to the public 1
123 Completion of Improvements
18.74.030.B.1.b - Street installation improvements and guarantees 1
124 Completion of Improvements 18.74.030.C - Site improvements 1
125 Completion of Improvements
18.74.030.D.13 - Concurrent construction plan 1
126 Improvements Agreements 18.74.060.A.3 -
Determine applicability of requirement for improvement agreement for COAs 1
127 Improvements Agreements 18.74.060.B -
Determine exception for requirement for street paving 1
128 Improvements Agreements 18.74.060 C.2.c - Reduction of security for improvement
agreement 1
129 Improvements Agreements 18.74.060 C.2.d - Reduction of security for off-site
improvements 1 Medium 1
130 Improvements Agreements 18.74.060 C.3.d - Extension of security for site
improvements 1
131 Improvements Agreements 18.74.060.E - Assign responsibility for signing on behalf
of City 1
132 Notice Requirements for Application Processing 18.76.030.C - Determine
additional noticing requirements 1
133 Final Plat 18.78.070.D - Approval final
plan for park development with final plat 1
134 Artificial Lot 18.80.220 - Determine the area of an artificial lot 1
Existing 57 15 12 50 30
288