HomeMy WebLinkAboutMunicipal Code Amendment Z-12064, Final adoption of Ordinance 1827
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Director
Tim McHarg, Planning Director
SUBJECT: Municipal Code Amendment #Z-12064 – Second Reading and Final
Adoption of Ordinance 1827 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 in
conjunction with Ordinance 1828.
MEETING DATE: September 10, 2012
AGENDA ITEM TYPE: Consent (Legislative Item)
RECOMMENDATION: Finally adopt Ordinance 1827 amending the text of the Unified
Development Code to consolidate references to review authorities throughout Chapter 38,
Unified Development Code, and expand administrative approval authority in coordination with
Ordinance 1827.
RECOMMENDED MOTION: “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 finally approve Ordinance 1827
amending Chapter 2 and 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. The City Commission preliminarily adopted Ordinance 1828 at their August 27th
public hearing.
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.
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
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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 zoning 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.
• 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)
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• 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
Staff report
Zoning Commission minutes and resolution
Report compiled on: August 29, 2012
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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
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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
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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
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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:
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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.
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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.
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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
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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;
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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:
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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:
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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:
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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;
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(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
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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.
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Section 13
Codification
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 ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 27th day of August, 2012.
____________________________________
SEAN A. BECKER
Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
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FINALLY ADOPTED, PASSED AND APPROVED by the City Commission of the City
of Bozeman, Montana on second reading at a regular session thereof held on the 10th day of
Septembe, 2012. The effective date of this ordinance is the _______ of _______ 2012.
____________________________________
SEAN A. BECKER
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
203
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.
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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.
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#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.
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#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.
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#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
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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
209
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
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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
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Page 1 of 4
Zoning Commission Minutes – July 31, 2012
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 Garber g 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
Gar berg , 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
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Zoning Commission Minutes – July 31, 2012
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. (Saunders)
Assistant Planning Director Chris Saunders presented the Staff Report noting the proposal was a
little odd as there were two ordinances bei ng 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 Staf f 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.
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Zoning Commission Minutes – July 31, 2012
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
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.
214
Page 4 of 4
Zoning Commission Minutes – July 31, 2012
I TEM 6. ADJOURNMENT AND CALL TO ORDER OF JOINT MEETING
The Zoning Commission meeting was adjourned at 6:22 p.m.
Erik Garberg, Chairperson Tim McHarg, Planning Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
215
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
216
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
217
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
218
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
219
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
220
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
221
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
222
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
223