HomeMy WebLinkAboutZone Code Amendment Z-12163 – Provisional Adoption of Ordinance 1830
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Director
Tim McHarg, Planning Director
SUBJECT: Zone Code Amendment #Z-12163 – First Reading and Preliminary
Adoption of Ordinance 1830 to relocate the provisions establishing the Design Review Board
and Wetlands Review Board from Chapter 38 to Chapter 2, Amend Chapter 20 to remove
duplicative standards for campgrounds and recreational vehicle parks, and amend Chapter 38 to
add cross references, remove redundant text, and improve various development standards.
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: September 10, 2012
AGENDA ITEM TYPE: Action (Legislative Item)
RECOMMENDATION: Preliminarily adopt Ordinance 1830 amending the text of the Unified
Development Code to relocate the provisions establishing the Design Review Board and
Wetlands Review Board from Chapter 38 to Chapter 2, Amend Chapter 20 to remove duplicative
standards for campgrounds and recreational vehicle parks, and amend Chapter 38 to add cross
references, remove redundant text, and improve various development standards.
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-12163 and move to preliminarily approve
Ordinance 1830 amending Chapter 2 and Chapter 38 of the Bozeman Municipal Code including
the changes to Table 38.12.020 as recommended by staff in response to public comment to allow
the accessory retail sale of alcoholic beverage for on-premise consumption as a conditional use.”
BACKGROUND: The Zoning Commission and Planning Board 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
and changing legal standards that need to be reflected in the text. Needed changes are identified
as they arise and processed as opportunity permits.
The Department of Planning and Community Development processes hundreds of land
development applications a year. In the course of that activity portions of the standards are
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identified which are not clear, are more difficult to administer than intended, are duplicative to
other portions of the municipal code, or are otherwise in need of revision to improve them. The
recent codification process has made it easier to take a holistic look at the adopted standards of
the City. Some duplications and conflicts between different sections have been identified as a
result of this process. This set of code amendments is intended to address a large group of these
needed revisions and conflicts. Most of these changes are minor in nature and do not materially
alter the standards. Some more substantive items are necessary to execute other decisions
previously made by the Commission on various code standards. Those considered as significant
changes are individually described below. Due to the ‘clean-up’ nature of this work there is a
broad scope of topics of individual changes, however all sections of the ordinance are related to
the single topic of land development standards.
After action by the Planning Board and Zoning Commission it was determined to be beneficial to
separate amendments to Section 38.23.180 into a separate ordinance. The edits were included in
the public notices published prior to the advisory board hearings and the City Commission
hearing. Ordinance 1839 now contains the amendments to water rights provisions and is being
processed separately for second reading.
Key components of the proposed amendments in Ordinance 1830 are:
1. Relocate the sections of code which establish the Wetlands Review Board and Design
Review Board 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 WRB or DRB but improves the organization of the
overall municipal code. (Sections 1 and 2 of Ordinance 1830)
2. As a consequence of the recent codification process several overlapping and duplicative
sections of code were identified. Most significant is Chapter 20, Article 2 which sets
standards for campgrounds and recreational vehicles. These are duplicative to the
standards and processes in Chapter 38 and standards administered by the Health
Department for such facilities. It is proposed to remove the duplicative sections and retain
those portions which may be applicable to operations of City owned property. (Section 4
of Ordinance 1830)
3. The ordinance which created the new Residential Emphasis Mixed Use district (Ord.
1802) also created a new residential land use titled ‘group living’ which is defined in Sec.
38.42.1275 as “A building, portion of a building or a complex of buildings under unified
control and management which contains facilities for living, sleeping, sanitation, eating
and cooking for occupancy for residential uses; and which does not otherwise meet the
definition of another residential use defined in this chapter. Eating and cooking areas may
be shared in whole or part.” Special standards for this use are adopted in Section
38.22.105 which enable it to have similar impact to existing principal residential uses.
This amendment considers application of this new use to other existing residential
districts. It is proposed to allow this residential use as a principal use in all residential
districts subject to standards and site plan review. (Sections 6, 16, and 25 of Ordinance
1830)
4. There are dimensional requirements for the areas, widths, and proportions of newly
created lots. For residential uses these minimum widths are set out in Table 38.08.040-2.
It is proposed to allow a difference in lot width and proportions for those lots using alleys
for vehicle access. This is purely voluntary but is considered more responsive to the
unique characteristics of alley loaded lot development. (Section 8 and 19 of Ordinance
1830)
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6. The City’s adopted sustainability plan encourages the development of multi-modal
transportation. The edit provides an incentive to develop changing facilities with private
buildings. Providing changing and shower facilities on site as well as bicycle parking
areas significantly increases the probability of persons using bicycles for commuting.
This logically enables a reduction in required motor vehicle parking while still addressing
mitigation for expected impacts of development. See the attached article on recent
research in this area. This is an option for the developer to choose, it is not a requirement.
(Section 27 of Ordinance 1830)
7. The City has recently amended its site plan process to provide more phasing options.
Therefore, the need for artificial lots is addressed in an alternate manner and are now
unnecessary. The artificial lot provisions have caused some confusion in how
development review should occur. It is therefore proposed to remove this part of the
landscaping requirements. (Section 29 of Ordinance 1830)
8. A recent federal district court decision on non-conforming uses in Billings, MT provides
a clarified standard for when non-conforming uses are considered destroyed. This edit
substitutes this most recent language for the existing language. (Sections 35, 36, and 51
of Ordinance 1830)
A public comment has been received requesting a change to the municipal code. Article 12 of
Chapter 38 sets the use and related standards for industrial uses. The request is to modify Table
38.12.020 to expand the opportunity for accessory uses. See attached text of the request.
The City Commission has previously enacted several policies and standards relating to this
request. There is a broad allowance for retail uses to be conducted in the BP, M-1, and M-2
districts if it is related to goods produced or warehoused on-site. Retail uses other than those
specifically listed may be allowed as a conditional use permit. The BP district does not allow
restaurants. There is a restricted ability to establish restaurants in the M-1 and M-2 districts.
These restrictions apply to both size of the restaurant and the allowed type of alcohol licensing to
restrict gaming. Serving of alcohol for on-premise consumption is required to be reviewed as a
conditional use permit in all districts where it is allowed. The City Commission has acted to
encourage the establishment and expansion of local manufacturing.
The public comment requests to modify the uses allowed in the M-1 district in a manner that is
consistent with all of these policies. The proposal would allow the on-premise consumption of
alcohol in association with goods produced or warehoused on-site. The designated review
process would be a conditional use permit. This would enable activities like distilleries or
breweries which are classed as either food processing facilities or manufacturing facilities to
have a tasting room in connection with their production facilities. They would be subject to a
different type of state and/or federal alcohol license requirements than a regular restaurant and
gaming would not be allowed. This amendment would fill a current gap in the regulatory
structure.
Staff has considered this public comment and is supportive. Since the proposal is consistent with
the established policies of the City, staff considers this as a clarification and enhancement to the
existing standards and thereby an incidental change and within the scope of the public notice
given for these amendments. Therefore, staff believes the Commission could include this as an
amendment to the text of Ordinance 1830 at this first reading. If the Commission wishes to
incorporate this amendment staff suggests the following language for inclusion with Table
38.12.020. Business Park is shown as not allowing this amendment since food processing and
restaurants are not allowed in that district. Although the public comment was specific to the M-1
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district staff believes a similar change is also appropriate in the M-2 zone. The language
presented below includes direction provided by the Commission on August 27th.
Permitted Uses BP M-1 M-2
Retail sales for on-premise consumption of alcohol
produced or warehoused on site, not to exceed 10,000
square feet or 50 percent of the facility, whichever is less.
- C C
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.
Attachments: Ordinance 1830
Staff report
Zoning Commission minutes and resolution
Planning Board minutes and resolution
Study in support of bicycle parking facilities
Resolutions 3907 and 4095
Report compiled on: August 29, 2012
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ORDINANCE NO. 1830
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE
AMENDED BY CREATING SECTIONS 2.05.2900, 2.05.2910, AND 2.05.2920 TO
RELOCATE PROVISIONS REGARDING THE WETLANDS REVIEW BOARD; BY
CREATING SECTIONS 2.05.3000, 2.05.3010, AND 2.05.3020 TO RELOCATE
PROVISIONS REGARDING THE DESIGN REVIEW BOARD; BY AMENDING
SECTIONS 20.02.010 AND 20.02.020 REGARDING PROVISIONS FOR CAMPING
ON CITY OWNED PROPERTY; BY REPEALING SECTIONS 20.02.020, 20.02.040,
20.02.050, 20.02.060, 20.02.070, 20.02.080, 20.02.090, 20.02.100, 20.02.110, 20.02.120,
AND 20.02.130 REGARDING PROVISIONS FOR CAMPING ON CITY OWNED
PROPERTY; BY AMENDING SECTION 20.02.140 REGARDING ENFORCEMENT
OF PROVISIONS FOR CAMPING ON CITY OWNED PROPERTY; BY AMENDING
SECTIONS 30.03.060 TO RELOCATE FINAL PARK PLAN PROVISIONS; 38.08.020
TO ADD A NEW RESIDENTIAL USE ‘GROUP LIVING’ TO TABLE 38.08.020;
38.08.030 TO MODIFY THE ALLOWED PERCENTAGE OF LOT COVERAGE;
AND 38.08.040 TO MODIFY THE ALLOWED MINIMUM RESIDENTIAL LOT
WIDTH; BY DELETING SECTION 38.08.080 TO REMOVE DUPLICATIVE
STANDARDS FOR RESIDENTIAL MANUFACTURED HOME DISTRICT AREA;
BY AMENDING SECTIONS 38.19.040 TO CONSOLIDATE REFERENCES TO DRB
REVIEW, 38.19.110 TO CORRECT REFERENCE, 38.19.130 TO CORRECT
REFERENCE, 38.20.060 CORRECT REFERENCES AND MAKE CONSISTENT
WITH SITE PLAN REVIEW PROVISIONS, 38.21.050 ADD CROSS REFERENCE
AND CLARIFY WORDING, 38.22.030 ADD CROSS REFERENCE AND
CLARIFICATION, 38.22.105 ADD APPLICABLE AREA STANDARDS FOR GROUP
LIVING, 38.22.120 REMOVE REDUNDANT TEXT, 38.22.170 REPEAL
REDUNDANT TEXT REGARDING RECREATIONAL VEHICLE AND
MANUFACTURED HOME PARKS, 38.23.030 REVISE LOT DIMENSION
RESTRICTIONS TO COORDINATE WITH LOT WIDTH STANDARDS, 38.23.150
REMOVE TEXT NOT PROPERLY REMOVED WITH CODIFICATION, 38.25.020
CLARIFY REFERENCES TO STORM WATER REQUIREMENTS, 38.25.040
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CLARIFY RESIDENTIAL AND NON-RESIDENTIAL PARKING REQUIREMENTS
FOR DEFINED USES AND REMOVE DUPLICATIVE TEXT, 38.26.030 REMOVE
REQUIREMENTS FOR LANDSCAPING WHICH IS REDUNDANT TO SITE PLAN
PHASING PROVISIONS, 38.26.050 TO MODIFY ALLOWED LANDSCAPING
ZONES IN ACCORDANCE WITH RECENT CHANGES BY USDA, 38.27.010
CLARIFY PURPOSE OF ARTICLE, 38.28.060 CODIFY EXISTING PRACTICE
AND POLICY REGARDING IDENTIFICATION SIGNS, 38.29.030 TO ADD URBAN
MIXED USE TO TELECOMMUNICATION PROCESS TABLE, 38.29.040 TO ADD
URBAN MIXED USE TO TELECOMMUNICATION PROCESS TABLE, 38.32.010
REVISE STANDARD FOR NON-CONFORMING USE PROCEDURES TO
CONFORM TO CURRENT CASE LAW, 38.32.040 REVISE STANDARD FOR NON-
CONFORMING STRUCTURES PROCEDURES TO CONFORM TO CURRENT
CASE LAW, 38.34.100 REMOVE REDUNDANT TEXT REGARDING BUILDING
PERMIT REQUIREMENTS, 38.34.130 REMOVE REDUNDANT TEXT
REGARDING BUILDING PERMIT REQUIREMENTS, 38.38.030 CLARIFY
TIMING PROVISIONS FOR COVENANTS TO COVER ALL DEVELOPMENT
APPROACHES, 38.40.020 CLARIFY WORDING FOR REQUIRED CONTENT OF
NOTICE, 38.40.040 REVISE REFERENCE TO STATUTE, 38.42.010 CLARIFY
SOURCE OF DEFINITINOS, 38.42.090 PROVIDE EXEMPTION TO
AGRICULTURAL DEFINITION TO RECOGNIZE APPLICABLE STANDARDS OF
THE AMERICANS WITH DISABILITIES ACT; BY DELETING SECTION 38.42.240
TO REMOVE UNNECESSARY DEFINITION; AND BY AMENDING SECTIONS
38.42.850 TO PROVIDE CROSS REFERENCE, 38.42.890 CLARIFY DEFINITION
TO INCLUDE EXISTING REFERENCE FROM 38.30, 38.42.990 TO PROVIDE
SIMPLER REVIEW PROCESS FOR SOLAR COLLECTION ACTIVITY WHICH IS
DISTINGUISHABLE FROM OTHER ESSENTIAL SERVICE TYPE II INTENSITY,
38.42.2660 TO CORRECT TYPOGRAPHIC ERROR, AND 38.42.2740 TO CLARIFY
APPLICATION OF EXISTING DEFINTION OF ROOF SIGN, 38.42.3030 CLARIFY
APPLICATION OF THE DEFINITION AS IMPACTED BY PREVIOUSLY
ADOPTED REVISIONS TO SUBDIVISION REVIEW PROCESSES; AND
DELETING SECTION 38.42.3050 TO REMOVE A DEFINITION SUPPLANTED BY
AMENDMENTS TO ARTICLE 32; ALL OF WHICH AMENDMENTS WILL
COLLECTIVELY CORRECT ERRORS, RESOLVE CONFLICTS BETWEEN
SECTIONS OF THE CODE, TO INCREASE CONSISTENCY IN PRACTICE OF
CODE ORGANIZATION, AND TO CREATE MINOR IMPROVEMENTS IN
STANDARDS.
WHEREAS, the City of Bozeman has adopted a Unified Development Code (UDC)
which establishes standards and procedures for land use and development under the City’s
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authority to zone established in Title 76, Chapter 2, Part 3, MCA and procedures and standards
for review and processing of divisions of land as required by Title 76, Chapter 3, MCA; 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 Bozeman Zoning Commission and Planning Board held a joint 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 Resolution Z-12163, the Bozeman Zoning Commission and
Planning Board recommended to the Bozeman City Commission that the proposed UDC 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 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
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WHEREAS, at its public hearing on August 20, 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
That Chapter 2, Administration, Article 5, Boards and Commissions of the Bozeman Municipal
Code be amended by adding a new division 17 to read as follows:
2.05.2900 WETLANDS REVIEW BOARD ESTABLISHED--POWERS AND DUTIES.
A. 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 review authority established by 38.34.010, subject to the provisions of Chapter 38.
B. The WRB shall act as an advisory body to the review authority for proposals including
sketch and site plans, conditional use permits, planned unit developments, subdivisions, divisions
of land and other actions as requested by the city staff or the commission.
2.05.2910 COMPOSITION.
A. 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.
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 a
member who practices professionally, owns property or owns a business within the city.
2.05.2920 PROCEDURES
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 Chapter 38,
BMC. 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 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.
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Section 2
That Chapter 2, Administration, Article 5, Boards and Commissions of the Bozeman Municipal
Code be amended by adding a new division 18 to read as follows:
2.05.3000 DESIGN REVIEW BOARD ESTABLISHED--POWERS AND DUTIES.
A. The Design Review Board (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 review authority, subject to the
provisions of chapter 38.
B. The DRB shall act as an advisory body to the review authority for:
1. Development applications located within overlay districts meeting one or more of the
thresholds of 38.19.040.C;
b. 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;
c. Planned unit developments;
d. Appeals from ADR decisions; and
e. 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;
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 38.19.040.C.
2.05.3010 COMPOSITION.
A. 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.
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B. 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.
2.05.3020 PROCEDURES
C. To implement the purpose of the DRB, 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 subject to 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.
Section 3
That Chapter 2, Administration, Article 5, Boards and Commissions of the Bozeman Municipal
Code be amended by adding and reserving new sections to read as follows:
Section 2.05.3030 – Section 2.05.3090 - Reserved
Section 4
That Chapter 2, Mobile Homes and Recreational Vehicles, Article 2, of the Bozeman Municipal
Code be revised to read as follows repealing sections 20.02.030 through 20.02.130 and amending
and renumbering section 20.02.140:
Sec. 20.02.010. - Definitions.
A. The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
1. "Approved" means whatever material, workmanship, method, appliance, construction
or other matter which meets the requirements of this article, and the approval of the
department charged with the administration and enforcement of this article.
2. "Auto court" means any multiple dwelling or group of dwellings, other than bungalow
courts, hotels or apartment houses, which is designed or intended for the temporary
residence of motorists or travelers. The term "auto court" also includes "auto camp" and
"tourist camp."
3. "Bungalow court" means a group of separate dwellings facing directly on a common
court, place or street.
14. "Camping” car and/or trailer" means any unit used for living or sleeping purposes and
which is equipped with wheels or similar devices used for the purpose of transporting said
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unit from place to place, whether by motive power or other means. means the use of tents,
recreational vehicles, other vehicles, or other shelter for temporary living quarters or
sleeping purposes. Camping does not include the occupancy of a manufactured home in
accordance with Chapter 38.
25. "Public camp" means an approved area, lot or parcel of land regularly used or intended
regularly to be used for temporary camping in tents or other portable shelters; provided,
however, that an occasional and temporary use of an area, lot or parcel of land for camping
by a single camping party shall not be construed as a public camp within the meaning of
this article.
(Code 1982, § 15.52.010)
Sec. 20.02.020. - Permit required; application, fee and issuance conditions.
A. No person shall construct, establish, maintain or operate an auto court, bungalow court or
public camp, or cause or permit the same to be constructed, established, maintained or operated
in the city without a permit to do so from the city commission. Application for such a permit
shall be in writing, and shall state the extent and character of the proposed accommodations and
camping spaces provided for. The application shall be presented to the city commission,
accompanied by a fee of $5.00. The commission shall not grant any permit for the construction
or establishment of an auto court, bungalow court or public camp in any location where such
auto court, bungalow court or public camp is not allowed by the provisions of chapter 38
B. Upon the approval of such application by the city commission, the permit applied for shall
be granted. After the permit has been issued, complete plans and specifications for the
construction of such auto court, bungalow court and/or public camp shall be submitted to the
health department and the building department of the city. If such plans and specifications meet
with the requirements of this article and other applicable ordinances of the city, the health
department shall place a stamp of approval thereon and the building inspector shall then issue a
building permit for the construction of the buildings shown thereon. The building permit fees
shall be the same as required for other like structures erected in the city. A separate building
permit shall be required for each separate building or structure erected in such auto court,
bungalow court and/or public camp.
(Code 1982, § 15.52.020)
Sec. 20.02.030Sec 20.02.020. - Camping on city property; permit required.
It is unlawful for any person to camp on any property belonging to or under the control of the
city without having first secured from the city manager a written permit so to do. Such camping
permits may be issued by the city manager upon such terms and conditions and for such periods
of time as in the city manager's judgment shall be proper, and shall be revocable by the city
manager at any time. Any area on any property belonging to or under the control of the city for
camping shall be developed following the procedures and standards of Chapter 38 of this code
and all relevant standards of the Health Department.
(Code 1982, § 15.52.030)
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Sections 20.02.030 – Section 20.02.130 - Repealed
Sec. 20.02.140. - Violation; penalty.
A. Any person, as defined herein, who violates any of the provisions of this article, or fails to
comply with any order or regulation made thereunder, is subject to penalty under 1.01.210. or
who operates or maintains an auto court or bungalow court, or builds, constructs, or makes
alterations in violation of any part of this article shall, upon conviction thereof, be punishable by
a fine of not exceeding $300.00 or by imprisonment for not less than ten days and not more than
90 days, or by both such fine and imprisonment.
B. Every such person as defined in this article shall be deemed guilty of a separate offense for
each and every day any provision of this article is violated.
Section 5
Section 38.03.060 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.03.060. - Final plat application.
A. After the conditions of preliminary approval and the requirements for the installation of
improvements have been satisfied, the developer shall cause to be prepared a final plat. The final
plat shall conform to the uniform standards for final subdivision plats as set forth in section
24.183.1107 ARM. Plans and data shall be prepared under the supervision of a registered
surveyor, licensed in the state, as their licensing laws allow.
1. Final plat submittal. The final plat and all supplementary documents shall be
submitted to the planning department at least 30 working days prior to the expiration of
subdivision application approval or any extension thereto. The submittal shall include a
final plat application form, the appropriate review fee, all information required by section
38.41.070 and a written explanation of how each of the conditions of subdivision
application approval has been satisfied.
a. The final park plan, if one is associated with the plat, shall be reviewed and
approved, after a recommendation from the city recreation and parks advisory board,
prior to or simultaneously with the 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.
2. County treasurer certification. A final plat will not be accepted as complete until the
county treasurer has certified that no real property taxes and special assessments assessed
and levied on the land to be subdivided are delinquent.
3. Review of abstract and covenants. With the final plat, the developer shall submit to the
planning department a certificate of a licensed title abstractor showing the names of the
owners of record of the land to be subdivided and the names of lienholders or claimants of
record against the land, and the written consent to the subdivision by the owners of the land,
if other than the developer, and any lienholders or claimants of record against the land. The
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certificate of licensed title abstractor shall be dated no earlier than 30 calendar days prior to
submittal. Covenants shall also be submitted to the planning department with the final plat
application. The planning department staff will obtain the city attorney's approval of the
covenants and the city attorney's certificate.
4. Review by the planning department. The planning department will then review the
final plat application to ascertain that all conditions and requirements for final approval
have been met. If all conditions and requirements for final approval have been met, the
planning department shall forward a report to the city commission for their action.
5. Final plat approval. The city commission shall examine every final plat, and within 45
working days of the date of submission to the planning department, shall approve it if it
conforms to the conditions of preliminary approval and the terms of this chapter. The city
commission shall examine every final plat at a regular meeting.
a. If the final plat is approved, the director of public service shall so certify the
approval in a printed certificate on the plat.
b. If the final plat is denied, the city commission shall cause a letter to be written to
the developer stating the reasons therefor.
6. Filing. The developer shall file the approved, signed final plat and all other required
certificates and documents with the county clerk and recorder within 60 days of the date of
final approval.
Section 6
Table 38.08.020 of the Bozeman Municipal Code be amended to add an additional use to the
table as follows and the use to be included in alphabetical order in the table:
Table of Residential Uses R-S R-1 R-2 R-3 R-4 R-O RMH
Group Living P P P P P P P
Section 7
Section 38.08.030.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. Maximum lot coverage by principal and accessory buildings shall be:
1. For newly created lots in the R-S district, determined through the PUD review
procedures set forth in article 20 of this chapter, in compliance with the adopted city growth
policy.
a. For existing lots in the R-S district, not more than 25 percent of the lot area shall
be covered by principal and accessory buildings.
2. Not more than 40 percent of the lot area in the R-1, R-2, R-3 and RMH districts for all
609
Page 10 of 35
uses except townhouses.
3. Not more than 50 percent of the lot area in the R-1, R-2, R-3, and RMH districts for
townhouses.
43. Not more than 50 percent in the R-4 district.
54. Not more than 40 50 percent for residential uses or 60 percent for nonresidential or
mixed uses in the R-O district.
65. In all residential zoning districts for those lots used to satisfy the requirements of
chapter 10, article 8, not more than 60 percent of the lot area shall be covered by principal
and accessory buildings. When a larger lot has a portion of its total dwellings subject to the
requirements of chapter 10, article 8, either directly or inherited from a previous
subdivision, the portion used for those dwellings may have up to 60 percent of the lot area
covered by principal and accessory buildings.
Section 8
Table 38.08.040-2 of the Bozeman Municipal Code be amended so that such table shall read as
follows:
Lot Width Table
Minimum Lot Width in Feet
R-S R-1 R-2 R-3 R-4 R-O RMH
Single-household dwelling See
subsection
C of this
section
50/402
50/402
50/402
50/402
50/402
50/402
Single-household dwelling (only
for dwellings to satisfy
requirements of chapter 10, article
8)
See
subsection
C of this
section
30 30 30 30 30 30
Two household dwelling - - 60/502
60/502
50/502
50/502
-
Accessory dwelling unit1 50 50/402
60/502
60/502
60/502
60/502
-
Dwellings in three- or four-
household dwelling configurations
- - - 60 60 60 -
Townhouses 30 30 30 Width
of
interi
or
units
Width
of
interi
or
units
Width
of
interi
or
units
-
All other uses See
subsection
C of this
section
50 50 50 50 50 50
610
Page 11 of 35
Notes:
1 Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to
accessory buildings. Lot area and width shall be provided as if the dwelling were attached to the
principal use. Dwellings to be developed under this option are subject to section 38.22.030.
2 When the lot is adjacent to an alley and vehicle access is taken only from that alley.
Section 9
Section 38.08.080 of the Bozeman Municipal Code be repealed and 38.08.090 renumbered
accordingly:
Sec. 38.08.080. - Additional RMH district performance standards.
A. Development of any parcel of land within the RMH district shall be subject to all applicable
requirements of articles 22, Standards for Specific Uses, and r23, Development Standards of this
chapter, including, but not limited to, fences, parking, signs, landscaping and home occupations.
In addition, manufactured home communities will be subject to the following general
requirements:
1. Minimum area for manufactured home community district.
a. The minimum total RMH district area shall be no less than ten acres unless the
applicant can show that the minimum area requirements should be waived because the
waiver would be in the public interest and that one or both of the following conditions
exist:
(1) Unusual physical features of the property itself or of the surrounding area
such that development under the standard provisions of this chapter would not be
appropriate in order to conserve a physical or terrain feature of importance to the
neighborhood or community; or
(2) The property is adjacent to or across the street from property which has
been developed under the provisions of this section and will contribute to the
amenities of the area.
b. Waiver of the ten-acre minimum may only be granted by the city commission.
Section 10
Section 38.19.040 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.19.040. - Review authority.
A. The review authorities are established in section 38.34.010 and as may be specified
elsewhere in this chapter.
B. The development review committee, design review board, administrative design review
staff, and wetlands review board have the advisory authority established in article 33 of this
chapter.
611
Page 12 of 35
C. Plan design review thresholds. When a development is subject to design review and meets
one or more of the following thresholds the design review board shall have responsibility for
conducting the design review.:
1. Twenty or more dwelling units in a multiple household structure or structures;
2. Thirty thousand or more square feet of office space, retail commercial space, service
commercial space or industrial space;
3. Twenty thousand or more square feet of exterior storage of materials or goods; or
4. Parking for more than 90 vehicles.; or
5. Large scale retail per 38.22.180.
Section 11
Section 38.19.110.I.1.c of the Bozeman Municipal Code be amended so that such section shall
read as follows:
c. The use or development of the site is not begun within the time limits of the final
site plan approval in section 38.19.130 38.19.120
Section 12
Section 38.19.130.B of the Bozeman Municipal Code be amended so that such section shall read
as follows:
B. Any amendment to or modification of a plan approved under the ordinance codified in this
article (September 3, 1991 — Ordinance 1332) shall be submitted to the planning director for
review and possible approval. Proposals for further development, reuse or change in use of sites
developed pursuant to this chapter shall be reviewed as an amendment to an approved plan. All
amendments shall be shown on a revised plan drawing. Amendments to approved plans shall be
reviewed and may be approved by the planning director upon determining that the amended plan
is in substantial compliance with the originally approved plan. If it is determined that the
amended plan is not in substantial compliance with the originally approved plan, the application
shall be resubmitted as a new application and shall be subject to all standards and plan review
and approval provisions of this chapter. Substantial compliance may be shown by demonstrating
that the amendments do not exceed the thresholds established in section 38.19.140.C
38.19.150.B.
Section 13
Section 38.20.060.A.3 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
Sec. 38.20.060. - Duration of planned unit development approval.
A. Duration of preliminary plan approval. The provisions of this subsection A do not apply to
subdivision elements of a PUD.
612
Page 13 of 35
1. Within a maximum of one year following the approval of a preliminary plan, the
applicant shall file with the planning department a final plan in detailed form covering the
entirety, or one or more phases, of the development.
2. Upon application and in accordance with the standards of 38.19.120.F, for good cause,
the planning director may administratively extend the period for filing a final plan for two
successive six-month periods. The granting of administrative extensions under this section
may, at the discretion of the planning director, be referred to the city commission.
3. Any additional six-month extensions to the planned unit development shall be
approved, if at all, only by the city commission. A request for extension of preliminary
approval under this section must be submitted to the planning director in writing by the
applicant at least 30 calendar days prior to the date of expiration. Failure to submit a written
request within the specified time period shall cause forfeiture of the right to extension of
preliminary approval.
34. If no final plan is filed covering all or any portion of the preliminary plan within the
above time limits, the right to proceed under the preliminary plan shall expire for any
portion of the preliminary plan for which a final plan has not been timely filed.
B. Duration of final plan approval.
1. The applicant must undertake and complete the development of an approved final plan
within two years from the time of final plan approval. For the purposes of this section, a
development is substantially complete once all engineering improvements (water, sewer,
streets, curbs, gutter, streetlights, fire hydrants and storm drainage) are installed and
completed in accordance with city rules and regulations. Extensions for two successive
periods of six months not more than one year may be administratively granted by the
planning director in accordance with the standards of 38.19.120.F,. The granting of
administrative extensions under this section may, at the discretion of the planning director,
be referred to the city commission.
2. Any additional six-month extensions to the planned unit development shall be
approved, if at all, only by the city commission. A request for extension of final approval
under this section must be submitted to the planning director in writing by the applicant at
least 30 days prior to the date of expiration. Failure to submit a written request within the
specified time period shall cause forfeiture of the right to extension of final approval.
Failure to develop within the specified time limit and improvement requirements shall
cause a forfeiture of the right to proceed under the final plan and require resubmission of all
materials and reapproval of the same through the preliminary plan procedures.
3. The timing of all extensions of final plan approval shall be coordinated with the
approval period established for any subdivision plat approval that is part of the PUD so that
any expiration dates are consistent.
4. Final plan approval may occur multiple times under the provisions for phased PUDs
described in section 38.20.070.
Section 14
613
Page 14 of 35
Section 38.21.050.I and J of the Bozeman Municipal Code be amended so that such section shall
read as follows:
I. All structures located within the neighborhood conservation or entryway corridor overlay
districts require a certificate of appropriateness unless exempted in articles 16 or 17.
J. Not Mmore than two deviations shall not be granted for any accessory structure.
Section 15
Section 38.22.030.D of the Bozeman Municipal Code be created so that such section shall read
as follows:
D. Any accessory dwelling unit created within an accessory building is subject to the
limitations of 38.21.050.
Section 16
Section 38.22.105.B.3 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
3. Group living use requires the following area of land within the site for each resident.
District Name Minimum Area required per Resident in Square
Feet
REMU, R4 and R-O 602
RS 10,890 unless otherwise approved through a
planned unit development
R1 and RMH 1250
R-2 and R-3 750
Section 17
Section 38.22.120.A.3.c of the Bozeman Municipal Code be amended so that such section shall
read as follows:
c. City inspection required.
(1) The required inspections for manufactured homes shall include: on-site
utilities requirements including gas, electric, sewer and water; setback
requirements; and off-street parking requirements. Fees for these have been
established by the city commission by resolution.
(2) It is unlawful for any person, firm, corporation or agency to turn on, or
allow to be turned on, any gas or electric service without an inspection and
clearance from the city building official.
Section 18
Section 38.22.170.A.7 of the Bozeman Municipal Code be repealed and all other provisions of
38.22.170.A renumbered accordingly:
614
Page 15 of 35
7. Land proposed for use for a recreational vehicle park must have an R-S residential
suburban district or an RMH residential manufactured home community district zoning
designation. Recreational vehicle parks are a principal use in the RMH district and a
conditional use in the R-S district.
Section 19
Section 38.23.030.F of the Bozeman Municipal Code be amended so that such section shall read
as follows:
F. Depth. Except for individual lots for individual townhomes, lots used to meet the
requirements of chapter 10, article 8, and for modular for lots serviced by an alley, or when
necessitated by physical features of the land as allowed by subsection K of this section, no lot
shall have an average depth greater than three times its average width.
Section 20
Section 38.23.150.C of the Bozeman Municipal Code be amended so that such section shall read
as follows:
C. Street lighting. Street lighting consists of street lighting and pathway intersection lighting,
and shall comply with the City of Bozeman Design Standards and Specifications Policy.
1. General.
a. All street lighting shall be operated and maintained through the creation of a new
SILD, through the annexation to an existing SILD or through some other equivalent
means approved by the city. The application to create or annex to an existing SILD
shall be submitted to the city within two months of preliminary approval of the
development. The approval to create or annex to an SILD shall be granted prior to
final plat for a subdivision or occupancy if a final plat is not required.
b. Street lighting shall be installed per section 38.39.030.B.
c. Individual yard lights on private property shall not be used for street lighting.
2. Streetlights at intersections.
a. Illumination requirements.
(1) Single installation. The illumination requirement for an intersection
streetlight, where only one light is required, shall be determined from Table
38.23.150-1 based on the functional classification of the street upon which the
light is located.
(2) Multiple installations. For all intersections where more than one streetlight
is required, all lights shall be within the same range for measured lumens. The
illumination requirement shall be determined from Table 38.23.150-1 for the
functional classification of the leg of the intersection with the highest
requirement.
615
Page 16 of 35
b. Non-signalized intersections. A streetlight shall be installed at each non-
signalized street intersection with the following exceptions:
(1) At intersections where the width of one or more of the approaches is greater
than or equal to 50 feet, as measured to the back of curb or edge of pavement,
then two streetlights shall be installed on diagonally opposite corners.
(2) At the intersection of two local streets a streetlight may be omitted if its
installation would violate the spacing criteria contained in Table 38.23.150-1.
c. Signalized intersections. At signalized intersections where all approaches are
narrower than 50 feet, as measured to the back of curb or edge of pavement, two
streetlights shall be installed on the diagonally opposite corners. At signalized
intersections where the width of one or more of the approaches is greater than or equal
to 50 feet, four streetlights shall be installed, one on each corner.
3. Spacing of streetlights. In addition to intersection locations, streetlights shall be spaced
along streets in accordance with Table 38.23.150-1.
Table 38.23.150-1
Functional
Classification
Through
Lanes
Pedestrian
Conflict Maintained
Lumens
(Minimum
Maintained
Average Values)
Spacing
Arterial 4/2 High 33,000-22,500 225/225
4/2 Low 22,500-13,500 300/275
Collector 4/2 High 22,500-13,500 250/225
4/2 Low 22,500-8,000 300/275
Local 2 Low 9,500-8,000 N/A1
Arterial -
Commercial
center
4/2 High 33,000-22,500 200/175
Collector -
Commercial
center
4/2 High 22,500-13,500 225/175
Local -
Commercial
center
2 High 9,500-8,000 150
616
Page 17 of 35
1Streetlights are only required at intersections on local streets.
4. Streetlight location and placement of equipment. In addition to spacing requirements,
the following layout criteria shall be used:
a. When a streetlight location falls near an unlit intersection, the light shall be
located at the intersection;
b. Streetlights shall be located at property lines to the greatest extent possible, but
not in conflict with other utility service providers;
c. Pole spacing along a street may vary from the criteria of Table 38.23.150-1 by up
to 15 percent. For the uniformity of appearance, the variance in spacing between
adjacent spans should not be more than 15 percent;
d. All proposed streets within the proposed subdivision, having a curve of 300 feet
or longer in length, shall have a streetlight in the middle of the horizontal curve or as
required by the city engineer;
e. A streetlight shall be placed at the terminal ends of center median islands having
trees and/or other fixed objects not having a breakaway design for speeds of 25 miles
per hour or greater;
f. Wiring for streetlights shall be underground;
g. Additional streetlights may be required by the city commission when potential
traffic hazards are identified during plan review; and
h. For streets that are wider than 70 feet (from back of curb) the required streetlights
shall alternate on either side of the street.
5. Streetlight support structures. The ballasts; pole type, strength and anchor bolts; and
pole foundation shall be appropriate for the proposed lighting and shall be installed per the
manufacturer's recommendations. Mounting heights shall be measured from grade and shall
comply with the requirements of Table 38.23.150-2.
Table 38.23.150-2
Maintained Lumens (Minimum Maintained
Average Values)
Mounting
Height
9,500—8,000 25 feet
22,500—9,500 35 feet
33,000—22,500 38 feet
6. Pathway intersection lighting. Pathway lights shall be installed at all intersections of
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Page 18 of 35
pathways and streets located within the proposed development or along existing streets or
roads abutting the development, if said intersection is located in areas other than lighted
intersections. All pathway lights shall comply with city specifications.
Table 38.23.150-3
Average Horizontal Illuminance at Pathway in
Maintained Footcandles
Mixed vehicle and pedestrian 2.0
Pedestrian only 1.0
Source: Roadway Lighting (RP-8-00), Illuminating Engineering Society of North
American, 2000.
Section 21
Section 38.23.150.D.7.j of the Bozeman Municipal Code be amended so that such section shall
read as follows:
j. Searchlights, laser source lights or any similar high-intensity light shall not be
permitted, except in emergencies by police and fire personnel or at their direction, for
meteorological data gathering purposes, or for special events if a permit is obtained
from the review authority planning director.
Section 22
Section 38.25.020.D of the Bozeman Municipal Code be amended so that such section shall read
as follows:
D. Backing requirements. All required parking must have adequate back-up maneuverability as
specified in Table 38.25.020. The aisle width calculation may incorporate the width of the public
right-of-way. Except in the case of one to four-household dwellings and individual townhouse-
style units with individual garages, parking area design which requires backing into the public
street is prohibited. With the exception of residential development, parking area design which
requires backing into the public alley is prohibited. An exception to the prohibition to backing
into the alley by non-residential development may be granted by the review authority when
function of the alley will not be impeded and when necessary due to local site conditions.
Section 23
Section 38.25.020.M of the Bozeman Municipal Code be amended so that such section shall read
as follows:
M. Snow removal storage areas. Snow removal storage areas shall be provided sufficient to
store snow accumulation on site. Such areas shall not cause unsafe ingress/egress to the parking
areas, shall not cause snow to be deposited on public rights-of-way, shall not include areas
provided for required parking access and spaces, and shall not be placed in such a manner as to
damage landscaping. All snow removal storage areas shall be located and designed such that the
resultant stormwater runoff is directed into landscaped retention/detention and water quality
618
Page 19 of 35
improvement facilities as required by the engineering department, or in compliance with the any
adopted storm drainage provisions of ordinance, chapter 40 article 4, and/or best practices
manual.
Section 24
Section 38.25.020.P of the Bozeman Municipal Code be amended so that such section shall read
as follows:
P. Stormwater drainage. Stormwater drainage from parking lots shall be directed into
landscaped detention/retention facilities and water quality improvement facilities as required by
the engineering department, or in compliance with the any adopted storm drainage provisions of
ordinance, chapter 40 article 4, and/or best practices manual adopted by the city.
Section 25
Table 38.25.040-1 of the Bozeman Municipal Code be amended so that such table shall read as
follows:
Dwelling Types Parking Spaces Required per Dwelling
Accessory dwelling unit 1
Lodginghouse 0.75 spaces per person of approved capacity
Efficiency unit 1.25
One-bedroom 1.5
Two-bedroom 2
Three-bedroom 3
Dwellings with more than three bedrooms 4
Group homes and community residential facilities 0.75 spaces per person of approved capacity1
Bed and breakfast 1 space/rental unit
Manufactured home 2
All types of dwellings within the B-3 district 1
Group living /cooperative
household/fraternity/sorority
1 space per resident1
1A facility may request to provide fewer parking spaces if they provide evidence that some or all
the residents are prohibited from operating motor vehicles. Under no condition shall less than
two parking spaces be provided. If the use of the facility is altered to serve a different population
who may operate motor vehicles, then the additional required parking shall be provided before
the change in use may occur.
Section 26
Table 38.25.040-3 of the Bozeman Municipal Code be amended so that such table shall read as
follows:
Use Type Off-Street or Off-Road Parking Spaces Required
Automobile sales 1 space per 200 square feet of indoor floor area; plus 1
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Page 20 of 35
space per 20 outdoor vehicle display spaces
Automobile service and/or repair station 2 spaces per service stall, but no less than 4 spaces
Automobile washing establishment
Automatic drive-through 3 spaces or 1 for each employee on maximum shift; plus
stacking space
Self-service 2 spaces per stall not including washing or drying spaces
Bank, financial institutions 1 space per 300 square feet of floor area
Bowling alley 2 spaces per alley; plus 2 spaces per billiard table; plus
Church 1 space per six persons of maximum occupancy load (as
identified in the International Building Code) for main
assembly hall, public assembly areas and classrooms
Community or recreation center 1 space per 200 square feet of floor area
Health and exercise establishment 1 space per 200 square feet of floor area; plus 3 spaces
per court
Day care centers 1 space per staff member plus 1 space per 15 children
permitted
Elderly (senior citizens) housing
Community residential facility with more
than 9 residents or age restricted housing
1 space per unit
Furniture stores over 20,000 square feet 3 spaces per 1,000 square feet of floor area
Golf courses 1 space per 200 square feet of main building floor area;
plus 1 space for every 2 practice tees in driving range;
plus 4 spaces per each green in the playing area
Hospitals 1 space per bed.
Medical and dental offices 4 spaces for each full-time equivalent doctor or dentist;
plus 1 space for each full-time equivalent employee
Manufacturing and industrial uses 1 space per 1,000 square feet of floor area, plus 1 space
per 2 employees on maximum working shift
Motels, Hotels 1.1 spaces per each guest room; plus 1 space per
employee on maximum shift; plus spaces for accessory
uses as follows:
Restaurants, bars, dining
rooms
1 space per 60 square feet of indoor public serving floor
area; plus 1 space per 120 square feet of outdoor (patio)
area
Commercial area 1 space per each 400 square feet of floor area
Public assembly areas 1 space for each 5 seats based upon design capacity,
except that total off-street or off-road parking for public
assembly may be reduced by 1 space for every 4 guest
rooms
Nursing homes, rest homes or similar uses 4 spaces; plus 1 space for each 3 beds; plus 1 space for
each employee on maximum shift
Offices (except medical and dental) 1 space per 250 square feet of floor area
Outdoor sales (plant nurseries, building
materials, equipment rental and similar)
1 space per 500 square feet of sales and/or display area.
The size of the sales and/or display area shall be
determined on a case-by-case basis.
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Page 21 of 35
Restaurants, cafes, bars and similar uses 1 space per 50 square feet of indoor public serving area;
plus 1 space per 100 square feet of outdoor (patio) area
Retail store and service establishments 1 space per 300 square feet of floor area
Sales sites; model homes 1 space per 250 square feet of model floor areas; plus 1
space per employee
Schools
Elementary and/or junior
high
1.5 spaces for each classroom, library, lecture hall and
cafeteria; plus 1 space for each 3 fixed seats in the area
of public assembly, or 1 space for each 25 square feet of
area available for public assembly if fixed seats are not
provided
Senior high 1.5 spaces for each classroom or lecture hall; plus 1
space per each 5 students; plus 1 space for each
nonteaching employee; plus 1 space per each 3 fixed
seats in the area of public assembly, or 1 space per 25
square feet of area available for public assembly if fixed
seats are not provided
Business or similar school 1 space for each 1.5 students
Theater, auditorium or similar 1 space per 4 seats based upon place of assembly design capacity
Warehousing, storage or handling
of bulk goods
1 space per 1,000 square feet of floor area devoted to storage of
goods; plus appropriate spaces to support accessory office or
retail sales facilities at 1 space per 350 square feet of floor area
Section 27
Section 38.25.040.A.2.c(6) of the Bozeman Municipal Code be added so that such section shall
read as follows:
(6) Property owners have the option of requesting the reduction of up to 10 percent of
the required parking spaces for non-residential uses if:
a. In addition to the minimum otherwise required by this chapter, two
covered bicycle parking spaces are provided for each automobile space not
provided; and
Section 28
b. For each ten or fraction of ten automobile parking stalls reduced a non-
residential shower, changing area, and five clothing lockers are provided
on-site.
Section 38.25.040.A.4.b(3) of the Bozeman Municipal Code repealed:
(3) The minimum number of accessible parking spaces shall be in addition to
any other required parking spaces.
Section 29
Section 38.26.030 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
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Page 22 of 35
Sec. 38.26.030. - General landscaping provisions.
A. Designation of artificial lot.
1. All the lots and building sites described in section 38.26.020.A shall be subject to
landscaping provisions, however if a building site is over two acres in size, the applicant
may request that the planning director create an artificial lot to satisfy the requirements of
section 38.26.040
2. The planning director shall not create an artificial lot which would, in the planning
director's opinion, violate the spirit of these landscape regulations. An artificial lot must:
a. Wholly include the area on which the development is to occur; and
b. Have an area that does not exceed 50 percent of the area of the original site.
B. An artificial lot need not be platted, however it must be designated on plans approved by
the planning director or city commission prior to the issuance of a building permit.
A. C. Landscape plans shall include the information required by section 38.41.100
B. D. Vegetation may only be used to satisfy the requirements of this article when it is
located on the same zone lot as the development depicted on the landscape plan.
Section 30
Section 38.26.050.G.1 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
1. Generally acceptable plant materials shall be those identified as hardy in Zones 1
through 43. The characteristics of the zones are described in The Western Garden Book,
Sunset Publishing Corporation, 1995. Alternatives may be considered upon a case-by-case
basis. However, in the case of street frontage landscaping as required in subsection E of this
section, acceptable tree species shall be limited to those approved by the city forestry
division department.
Section 31
Section 38.27.010 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.27.010. - General.
Except as provided in section 38.27.020.B, all subdivisions and residential developments subject
to article 19 of this chapter, shall comply with the provisions of this article. The purpose of this
article is to comply with sections 76-2-304 and 76-3-621 MCA; to advance the city’s adopted
plans for parks, trails and open space; to provide equal protection and treatment for different
housing types and review processes with similar impacts on demand for service; to advance
public health by encouraging and facilitating physical activity; and address housing affordability.
622
Page 23 of 35
Section 32
Section 38.28.060.A.3.a of the Bozeman Municipal Code be amended so that such section shall
read as follows:
a. Subdivision and residential complex identification signs. For residential
subdivisions consisting of more than four residential units and for residential
complexes with more than four residential units and more than one building, one low
profile, freestanding, neighborhood identification sign per development entrance is
allowed. Each sign shall not exceed 16 square feet in area or five feet in height from
the finished grade. The sign must be setback at least five feet from the property line.
Section 33
Section 38.29.030.B.1, Table 38.29.030 of the Bozeman Municipal Code be amended so that
such table shall read as follows:
Zoning District Large scale Small scale Micro scale Nonbroadcast
PLI P P A P
M-2 P P A P
M-1 P P A P
B-P C P/C1 A P
B-3 C P/C1 A P
B-2 C P/C1 A P
B-1 C P/C1 A P
UMU C P/C1 A P
REMU PUD P/C1 A C
R-O PUD C P C
R-4 PUD C P C
R-3 PUD C P C
R-2 PUD C P -
R-1 PUD C P -
R-S PUD C P C
Section 34
Section 38.29.040, Table 38.29.040 of the Bozeman Municipal Code be amended so that such
table shall read as follows:
Zoning District Large-scale Small-scale Micro-scale Nonbroadcast
PLI b b b -
M-2 b b b -
M-1 b b b -
B-P c a,c b -
B-3 c a,c b -
B-2 c a,c b -
B-1 c a,c b -
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UMU c a,c b -
REMU d a,c b -
R-O d a,c a,b -
R-4 d a,c a,b -
R-3 d a,c a,b -
R-2 d a,c a,b -
R-1 D a,c a,b -
R-S D a,c a,b -
Section 35
Section 38.32.010.B of the Bozeman Municipal Code be amended so that such section shall read
as follows:
B. Except as otherwise specified in this article, the right to operate and maintain a
nonconforming use shall terminate when the structure or structures housing such use are
destroyed by any means to an extent of more than fifty (50) percent of its replacement cost at the
time of destruction removed beyond 50 percent of the market value, razed or suffer substantial
damage as defined in article 42 of this chapter. However, in the event of damage by fire, wind,
earthquake or other natural disaster to the extent described herein, said nonconforming use or
uses may be reestablished through a conditional use permit procedure as set forth in article 19 of
this chapter. Such restoration shall comply to the maximum extent reasonably feasible with the
requirements of this chapter.
Section 36
Section 38.32.040 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.32.040. - Nonconforming structures.
A. Any nonconforming structure lawfully existing upon the effective date of the ordinance
from which this chapter is derived may be continued at the size and configuration existing upon
such date except as hereinafter specified, or in the case of signage as specified in article 28 of
this chapter and lighting as specified in section 38.23.150.O 38.28.200.
B. The right to operate and maintain a nonconforming structure shall terminate when the
structure is destroyed by any means to an extent of more than fifty (50) percent of its
replacement cost at the time of destruction removed beyond 50 percent of the market value,
razed or substantially damaged. However, in the event of damage by fire, wind, earthquake or
other natural disaster to the extent described herein, said nonconforming nonresidential structure
may be reestablished through a conditional use permit procedure as set forth in article 19 of this
chapter. Such restoration shall comply to the maximum extent feasible with the requirements of
this chapter.
C. Normal maintenance of a lawful nonconforming structure is permitted, including necessary
structural repairs provided such structural repairs do not enlarge the structure or intensify the use.
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Section 37
Section 38.34.100 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.34.100. - Building permit requirements.
A. No building or other structure shall be erected, moved, added to or structurally altered and
no land use shall be changed without valid permits as prescribed in this article.
1. Only minor site surface preparation and normal maintenance shall be allowed prior to
conditional approval by the appropriate review authority and the issuance of a building
permit, providing that such activity does not include excavation for foundations or the
removal of mature, healthy vegetation. Minor site surface preparation means disturbing less
than one-half acre, movement of 30 cubic yards or less of material, or a cut or fill of less
than cumulative one foot whichever is less. Any excavation and site disturbance must be in
conformance with an approved storm water control plan. Upon conditional approval by the
appropriate review authority, excavation for foundations and the preparation of forms may
occur. However, no concrete shall be poured and no further construction shall commence
until final site or sketch plan approval has been granted and until building permits have
been issued. Proceeding prior to building permit issuance is at the hazard of the landowner.
a. Exception: When construction and funding of public streets are occurring under
the provisions of article 20 of this chapter, Planned Unit Development (PUD), the
issuance of building permits may be allowed prior to completion of infrastructure
improvements, pursuant to the provisions established in article 39 of this chapter.
2. Building permit. Within the limits of the city, building permits shall be obtained as
provided by Section 10.02.020. by following the latest version of the International Building
Code (International Code Council, 5360 South Workman Mill Road, Whittier, California)
adopted by the city.
3. The building permit shall be obtained by application to the building official.
Applications shall be accompanied by plans in duplicate, drawn to scale showing the actual
dimensions and shape of the lot to be built upon; the legal description of the parcel; the
exact sizes and location on the lot of buildings already existing, if any; the location and
dimensions of the proposed buildings or alternatives; and two copies of the approved site
plan or sketch plan as approved under articles 19, 20, etc., of this chapter.
4. One copy of the plans shall be returned to the applicant after the building official and
planning director have marked each copy either as approved or disapproved and attested to
same by their signatures. The second copy similarly marked shall be retained by the
building department.
5. Approval of any plan that has been granted based upon false information provided by
the applicant shall be deemed void without requirement for further action by the city.
6.3. Based upon an approved sketch, site plan, certificate of appropriateness, conditional
use permit or planned unit development (hereinafter referred to as "plan"), and after any
appeals have been resolved, a building permit for the site may be requested and may be
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granted, provided such building permit is granted within one year of plan approval. Prior to
lapse of one year, the applicant may seek an extension as allowed in articles 19 and 20. of
one additional year from the planning director. In such instances, the planning director shall
determine that the terms and circumstances have not significantly changed since the initial
approval.
Section 38
Section 38.34.130 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.34.130. - Expiration of permits.
Every permit issued by the building official under the provisions of this chapter shall expire by
limitation and become null and void in accordance with Section 10.02.020. if the building or
work authorized by such permit has not commenced within 180 calendar days from the date of
such permits, or if the building or work authorized by such permit is suspended or abandoned at
any time after the work is commenced for a period of 120 calendar days. Before such work can
be recommenced, a new permit shall first be obtained to do so, and the fee therefor shall be one-
half the amount required for a new permit for such work, provided no changes have been made
or will be made in the original plans and specifications for the work, and provided further that
such suspension or abandonment has not exceeded one year.
Section 39
Section 38.38.030 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.38.030. - Covenants.
A. The city may require covenants to be recorded with the final plat when it is determined they
are necessary for the protection of the public health, safety and general welfare. All covenants
shall be considered to run with the land. If the covenants are not marked or noted on the final
subdivision plat or other final approval document, they shall be contained in a separate
instrument which shall be recorded with the final plat or prior to final approval of other
applications. The covenants may be required to include, but are not limited to, the following
provisions:
1. That all county declared noxious weeds will be controlled.
2. A section addressing agricultural uses of neighboring properties in the following form:
"Lot owners and residents of the subdivision are informed that adjacent uses may be
agricultural. Lot owners accept and are aware that standard agricultural and farming
practices can result in dust, animal odors and noise, smoke, flies, and machinery noise.
Standard agricultural practices feature the use of heavy equipment, chemical sprays
and the use of machinery early in the morning and sometimes late into the evening."
3. That all fences bordering agricultural lands shall be maintained by the landowners in
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Page 27 of 35
accordance with state law.
4. The property owners association shall be responsible for the maintenance of
subdivision streets, common open space, centers, pathways, landscaping in street
boulevards and/or parks.
5. That any covenant which is required as a condition of the preliminary plat approval
and required by the city commission may not be amended or revoked without the mutual
consent of the owners in accordance with the amendment procedures in the covenants, and
the city commission.
6. The condition and timing of the transfer of the property owners association from
developer to the subsequent purchasers.
7. Common area and facility maintenance plan. The developer shall submit a legal
instrument setting forth a plan providing for the permanent care and maintenance of
common areas and facilities. These common areas and facilities shall include but are not
limited to commonly owned open spaces, recreational areas, facilities, private streets and
parking lots. These common areas and facilities shall also include but are not limited to
public parks, squares, open space, recreation areas, trails, as well as any public streets,
avenues and alleys not accepted by the city for maintenance. The same shall be submitted to
the city attorney and shall not be accepted by the city until approved as to legal form and
effect. If the common areas are deeded to a property owners association, the applicant shall
record the proposed documents governing the association at the time of final plat filing.
Such documents shall meet the following requirements:
a. The property owners association must be established before any residences or
other properties are sold;
b. Membership in the association must be mandatory for each property owner with
a specified method of assigning voting rights;
c. Open space restrictions must be permanent and not for a period of years;
d. The property owners association must be made responsible for liability insurance,
taxes, and maintenance of common facilities;
e. The association must have the power to levy assessments which can become a
lien on individual premises for the purpose of paying the cost of operating and
maintaining common facilities; and
f. The governing board of any such association shall consist of at least five three
members who shall be owners of property in the development.
8. Common area and facility maintenance guarantee. In the event the organization or any
successor organization established to own and maintain common areas and facilities, shall
at any time fail to maintain the common areas or facilities in reasonable order and condition
in accordance with the approved plan, the city commission may cause written notice to be
served upon such organization or upon the owners of property in the development. The
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Page 28 of 35
written notice shall set forth the manner in which the common areas or facilities have failed
to be maintained in reasonable condition. In addition, the notice shall include the demand
that the deficiencies noted be cured within 30 days thereafter and shall state the date and
place of a public meeting to be held within 14 days of the notice. At the time of public
meeting, the city commission may modify the terms of the original notice as to deficiencies
and may extend the time within which the same may be cured. If the deficiencies set forth
in the original notice or modifications are not cured within the time set, the city may enter
upon such common facilities and maintain the same for a period of one year, in order to
preserve the taxable values of properties within the development and to prevent the
common facilities from becoming a public nuisance. Such entry and maintenance shall not
vest in the public any right to use the common facilities not dedicated to public use. Before
the one year period expires, the commission shall, upon its own initiative or upon written
request of the organization theretofore responsible for maintenance, call a public meeting
and give notice of such meeting to the organization responsible for maintenance or the
property owners of the development. At the meeting hearing, the organization responsible
for maintenance and/or the residents of the development may show cause why maintenance
by the city should not be continued for a succeeding year. If the city commission
determines that it is not necessary for the city to continue such maintenance, the city shall
cease such maintenance at the time established by the city commission. Otherwise the city
shall continue maintenance for the next succeeding year subject to a similar meeting and
determination at the end of each year thereafter.
a. The cost of maintenance by the city shall be a lien against the common facilities
of the development and the private properties within the development. The city
commission shall have the right to make assessments against properties in the
development on the same basis that the organization responsible for maintenance of
the facilities could make such assessments. Any unpaid assessment shall be a lien
against the property responsible for the same, enforceable the same as a mortgage
against such property. The city may further foreclose its lien on the common facility
by certifying the same to the county treasurer for collection as in the case of collection
of general property taxes.
b. Should the property owners association request that the city assume permanent
responsibility for maintenance of facilities, all facilities shall be brought to city
standards prior to the city assuming responsibility. The assumption of responsibility
must be by action of the city commission and all costs to bring facilities to city
standards shall be the responsibility of the property owners association. The city may
create special financing mechanisms so that those properties within the area affected
by the property owners association continue to bear the costs of maintenance.
c. These common areas and facilities shall include but are not limited to commonly
owned open spaces, recreational areas, facilities, private streets and parking lots.
These common areas and facilities shall also include but are not limited to public
parks, squares, open space, recreation areas, trails, as well as any public streets,
avenues and alleys not accepted by the city for maintenance.
d. The city shall assume permanent responsibility for maintenance of public areas
and facilities when a dedicated funding mechanism is adopted.
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9. Guarantee for open space preservation. Open space shown on the approved final plan
or plat shall not be used for the construction of any structures not shown on the final plan.
10. Covenants may not contain provisions which inhibit compliance with the requirements
of chapter 10, article 8, for those developments subject to chapter 10, article 8. Some
examples are: privately required minimum home or lot sizes which can not be met.
Section 40
Section 38.40.020.B of the Bozeman Municipal Code be amended so that such section shall read
as follows:
B. The following additional elements shall be included in notices required for site plans,
master site plans, certificates of appropriateness, conditional use permits, planned unit
developments, deviations, variances and subdivisions:
1. A map of the area in question so as to indicate its general location and proximity to
surrounding properties shall be included in mailed and posted notices; and
2. A reference to the appeals process for this chapter for notices regarding projects where
the board of adjustment or city commission will not be making the final decision.
B. Mailed and posted notices required for site plans, master site plans, certificates of
appropriateness, conditional use permits, planned unit developments, deviations, variances and
subdivisions shall also include a map of the area of the development so as to indicate its general
location and proximity to surrounding properties.
Section 41
Table 38.40.040 of the Bozeman Municipal Code be amended so that such table shall read as
follows:
Application Minimum Days12 Maximum Days12 Distance1 Notice Type
Text amendment 15 45 NA Newspaper once
ZMA2 15 45 200 Newspaper once,
post on-site, mail
1st class
ZMA2- Resulting
from ordinance
changes
15 45 None Newspaper once
ZMA2-
Annexation w/
initial zoning
15 45 None Newspaper once,
post on-site, mail
1st class
Variance -
Floodplain,
zoning, and
subdivision
15 45 200 Newspaper once
(zoning 2 times),
post on-site, mail
1st class
Public agency 15 45 None Newspaper 2
629
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exemption
Noticing for 76-2-
402, MCA claims
times, post on-site
Deviation 15 45 200 Newspaper 2
times, post on-
site, mail 1st class
Appeals3 15 45 2003 Newspaper 2
times, post on-
site, mail 1st class
Sketch
plan/reuse/change
in use/further
development
None None None None
Sketch plan4 15 45 None Post on-site
Informal/concept
plan
None None None None
Preliminary site
plan or master site
plan
15 45 200 Post on-site, mail
1st class
Preliminary PUD5 15 45 200 Newspaper 2
times, post on-
site, mail 1st class
Preliminary CUP6 15 45 200 Newspaper 2
times, post on-
site, mail 1st class
Floodplain permit 15 45 200 Newspaper, mail
1st class
COA7 None None None None
Final site plan None None None None
Final PUD plan None None None None
Final CUP plan None None None None
Subdivision
exemption
None None None None
1st minor
subdivision
without variance-
preliminary
plat/Extensions of
subdivision
approvals beyond
two years
15 45 200 Mail 1st class
1st minor
subdivision with
variance/2nd
minor/major
15 (Planning
Board)
45(Commission) 200 Newspaper8, post
on-site, mail 1st
class9, certified
mail10
630
Page 31 of 35
subdivision -
Preliminary plat
Final plat None None None None
Notice of
violation11
15 45 None Post on-site,
certified mail to
landowner
Section 42
Section 38.42.010.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. Terms specifically defined in regulations issued by the Department of Justice and the
Department of Transportation to implement the Americans with Disabilities Act or in referenced
standards shall have those meanings. Otherwise, All all words in this chapter shall be first
defined as provided in this article and, if not defined herein, shall be defined as in the latest
edition of 'The Illustrated Book of Development Definitions' by Harvey S. Moskowitz and Carl
G. Lindbloom, and if not defined in 'The Illustrated Book of Development Definitions', shall
have their customary dictionary definitions as defined in collegiate dictionaries in the sense that
the context implies.
Section 43
Section 38.42.900 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.42.090. - Agricultural activity.
The cultivation or tilling of soil or use of other growing medium for the purpose of producing
vegetative materials for sale or for use in a commercial operation and/or the raising or tending of
animals for commercial sale or use. Agriculture does not include gardening for personal use,
keeping of house pets or animals as authorized under chapter 8, service animals in meaning of
and conformance with the standards of the Americans with Disabilities Act, or landscaping for
aesthetic purposes.
Section 44
Section 38.42.240 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.42.240. - Artificial lot.
An area within a legally existing lot that is delineated by the planning director for the sole
purpose of satisfying the landscaping requirements of this chapter.
Section 45
Section 38.42.240 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
631
Page 32 of 35
Sec. 38.42.850. - Design review board.
That board created by article 33 of this chapter 2 article 5 of the municipal code with duties as
described. and appointed by the city commission, charged with the design review, as defined in
this article, of certain plans and proposals as specified in this chapter.
Section 46
Section 38.42.890 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.42.890. - Deviation.
A modification of physical standards of this chapter as applied to a specific piece of property
located within the neighborhood conservation overlay district or entryway corridor overlay
district or anywhere within the city through a planned unit development. A deviation may be
granted only by the city commission.
Section 47
Section 38.42.990 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.42.990. - Essential services (Type I).
Water pumping stations; stormwater drainage facilities (including collection lines,
retention/detention ponds and drainageways); sanitary sewer and storm sewer lift stations; public
domestic water storage facilities; water fill stations for firefighting equipment; local service
telephone lines and cables; local service electrical distribution lines and cables; roof mounted
distributed electrical generation solar panel arrays, local service cable television lines; local
service electronic data transmission lines and cables; water and sanitary sewer distribution and
collection lines; and public and amateur radio antennae and towers.
Section 48
Section 38.42.2660 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
Sec. 38.42.2660. - Restaurant.
Any restaurant (except a drive-in restaurant or a convenience food restaurant as defined in this
article), coffee shop, cafeteria, short-order cafe caf�1/2, luncheonette, sandwich stand,
drugstore and soda fountain serving food.
Section 49
Section 38.42.2740 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
Sec. 38.42.2740. - Roof sign.
Any sign erected and constructed on and or over the roof of a building, supported by the roof
structure, and or extending vertically above any portion of the roof. Roof signs shall not include
signs located on a mansard roof if the sign is mounted vertically and integrated with the roof. For
632
Page 33 of 35
the purpose of this article, architecturally integrated mansard signs and other architecturally
integrated signs located below the principal roofline shall be classified as wall signs.
Section 50
Section 38.42.3030 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
Sec. 38.42.3030. - Subdivision.
A division of land or land so divided that it creates one or more parcels containing less than 160
acres that cannot be described as a one-quarter aliquot part of a United States government
section, exclusive of public roadways, in order that the title to or possession of the parcels may
be sold, rented, leased or otherwise conveyed, and shall include any resubdivision, and shall
further include any condominium or area, regardless of its size, that provides or will provide
multiple space for recreational camping vehicles or manufactured homes unless otherwise
exempted by this Chapter. A subdivision shall comprise only those parcels less than 160 acres
that cannot be described as a one-quarter aliquot part of a United States government section
when the parcels have been segregated from the original tract, and the plat thereof shall show all
such parcels whether contiguous or not.
Section 51
Section 38.42.3050 of the Bozeman Municipal Code be repealed:
Sec. 38.42.3050. - Substantial damage.
Damage sustained by a structure where the cost of restoring the structure to its condition before
damage would equal or exceed 50 percent of the market value of the structure before the damage
occurred as determined by the county's last equalized assessment roll.
Section 52
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 53
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 54
633
Page 34 of 35
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 55
Codification
The provisions of Sections 1-3 shall be codified as appropriate in Chapter 2 of the Bozeman
Municipal Code;
The provisions of Section 4 shall be codified as appropriate in Chapter 20 of the Bozeman
Municipal Code; and
The provisions of Sections 5-51 shall be codified as appropriate in Chapter 38 of the Bozeman
Municipal Code.
Section 56
Effective Date
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana,
on first reading at a regular session held on the _______ day of _______, 2012.
____________________________________
SEAN A. BECKER
Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
634
Page 35 of 35
____________________________________
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 ________________, 2011. The effective date of this ordinance is __________, __, 2012.
____________________________________
SEAN A. BECKER
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
635
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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Page 2 of 4
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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Page 3 of 4
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.
638
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
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Page 1 of 4
Joint Planning Board/Zoning Commission Minutes – July 31, 2012
JOINT MEETING
PLANNING BOARD/ZONING COMMISSION MINUTES
TUESDAY, JULY 31, 2012
ITEM 1. CALL TO ORDER AND ATTENDANCE
President Pro Tem McSpadden called the meeting to order at 6:30 p.m. and ordered the
Recording Secretary to take attendance.
Members Present:
Randy Wall, Vice Chairperson
Trever McSpadden, Vice President
David Peck
Erik Garberg, Chairperson
Nathan Minnick
Bill Quinn
Paul Neubauer
City Commission Liaison:
Members Absent:
Ed Sypinski, President
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 or Planning Board and not scheduled on this agenda. Three-minute time
limit per speaker.}
Seeing there was no general public comment forthcoming, President Pro Tem McSpadden closed
this portion of the meeting.
ITEM 3. PLANNNING BOARD ELECTION OF OFFICERS
MOTION: Mr. Garberg moved to nominate Mr. McSpadden as President, Mr. Wall seconded,
Mr. McSpadden accepted the nomination.
The motion carried 5-0. Those voting aye being Mr. McSpadden, Mr. Wall, Mr. Neubauer, Mr.
Garberg, and Mr. Quinn. Those voting nay being none.
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President McSpadden asked for volunteers for Vice President. Mr. Wall responded that he
would volunteer for the position.
MOTION: President McSpadden moved to nominate Mr. Wall as Vice President, Mr. Garberg
seconded, Mr. Wall accepted the nomination.
The motion carried 5-0. Those voting aye being President McSpadden, Mr. Wall, Mr.
Neubauer, Mr. Garberg, and Mr. Quinn. Those voting nay being none.
ITEM 4. PLANNING BOARD MINUTES OF NOVEMBER 1, 2011
MOTION: Mr. Garberg moved, Vice President Wall seconded, to approve the minut es of
November 1 , 2011 as presented. The motion carried 5-0. Those voting aye being President
McSpadden, Vice President Wall, Mr. Neubauer, Mr. Garberg, and Mr. Quinn. Those voting nay
being none.
ITEM 5. PROJECT REVIEW
1. Municipal Code Amendment Application #Z-12163 – (Draft Ordinance 1830) 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 relocate the provisions establishing the
Design Review Board and Wetlands Review Board from Chapter 38 to Chapter 2, amend
Chapter 20 to remove duplicative standards for campgrounds and recreational vehicle parks,
and amend Chapter 38 to add cross references, remove redundant text, and improve various
development standards. (Saunders)
Assistant Planning Director Chris Saunders presented the Staff Report noting that Planning
Department Staff found opportunities to do something in the code better during the normal
course of activities. He stated it was a joint hearing because it was a joint development
ordinance that affected the reviews of both the Planning Board and the Zoning Commission. He
stated the proposed edits were in numeric order as they appeared within the code.
Assistant Director Saunders noted there were particularly significant items that he would like to
draw attention to: the transfer of the DRB and WRB text to a different section, the removal of
standards duplicative to Chapter 38 of the Bozeman Municipal Code from Chapter 20, the
addition of a residential use “group living” to the residential zoning districts chapter, the
modification of required lot width when alleys are used, consolidation of the approval authority
language, modification of the water rights language with regard to requirements for smaller
annexations, the inclusion of bicycle parking incentives to encourage multimodal transportation,
updating nonconforming uses and structures standards, creating a limited public notice
exemption (such as battered women’s shelters), and Essential Services Type 1 modification to
include rooftop solar panel arrays.
Assistant Director Saunders stated there all types of other parts scattered throughout the
ordinance. He stated the public hearing had been noticed. He noted Staff recommended the
Planning Board and Zoning Commission vote separately to provide a clear motion for
recommendation to the City Commission. He noted no public comment had been received on the
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Joint Planning Board/Zoning Commission Minutes – July 31, 2012
proposal at this time.
President McSpadden opened the item for public comment. Seeing none forthcoming, the public
comment period was closed.
ZONING COMMISSION MOTION: Chairperson Garberg moved, Mr. Minnick seconded,
that having heard and considered public comment, to hereby adopt the findings presented in the
staff report and move to recommend approval of the text amendments to Chapter 2, Chapter 20,
and Chapter 38 of the Bozeman Municipal Code as included in the draft Ordinance 1830 as
requested in application Z -12163.
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.
PLANNING BOARD MOTION: Vice President Wall moved, Mr. Quinn seconded, that
having heard and considered public comment, to hereby adopt the findings presented in the staff
report and move to recommend approval of the text amendments to Chapter 2, Chapter 20, and
Chapter 38 of the Bozeman Municipal Code as included in the draft Ordinance 1830 as requested
in application Z-12163.
Mr. Wall stated he wanted to reiterate that he thought it was a good idea to include more
multimodal transit facilities and thanked Staff for including the recommendation.
The motion carried 5-0. Those voting aye being President McSpadden, Vice President Wall,
Mr. Neubauer, Mr. Garberg, and Mr. Quinn. Those voting nay being none.
ITEM 6. NEW BUSINESS
President McSpadden stated he had spoken with the Chair of the Gallatin County Planning
Board, Marianne Amsden. She had brought to his attention that Gallatin County’s Growth
Policy included a provision for an interlocal agreement between the Gallatin County Planning
Board and the City of Bozeman Planning Board. He noted the County Planning Board had
requested a joint meeting or joint training in the future and asked the other Planning B oard
member’s opinion. He added that the City and County had an overlapping jurisdictional area
often called the “donut area”. He noted the County would be hiring a facilitator to do some
training with their Planning Board and stated there may be some advantage to attending that as
well.
Mr. Garberg stated he thought it would be a good idea if it worked for Staff. Director McHarg
responded that if they were interested in a joint meeting he would contact the County Planning
Director to determine where they were in the process. President McSpadden concurred with
Director McHarg.
Director McHarg stated that the training included a date sometime in November and if there was
a general level of interest he would partner on those costs with the County.
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Mr. Peck asked if the training would include Zoning Commission members. Assistant Director
Saunders responded the training could include both depending on what the County had asked for.
Mr. Garberg asked for clarification of whether or not the County had zoning districts. Director
McHarg responded they did have areas of zoning. Assistant Director Saunders added the last
count he heard was that there were 27 zoning districts within the County.
President McSpadden welcomed new member Paul Neubauer.
I TEM 7. ADJOURNMENT
Seeing there was no further business before the joint meeting of the Planning Board and Zoning
Commission, President McSpadden adjourned the meeting at 7:05 p.m.
Trever McSpadden, President Tim McHarg, Planning Director
Planning Board Planning & Community Development
City of Bozeman City of Bozeman
Erik Garberg, Chairperson
Zoning Commission
City of Bozeman
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Zone Code Amendment #Z-12163
1
JOINT RESOLUTION #Z-12163
JOINT RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION AND
PLANNING BOARD RECOMMENDING APPROVAL OF ZONE CODE AMENDMENT
APPLICATION #Z-12163, PROPOSED ORDINANCE 1830 PROVIDING THAT THE
BOZEMAN MUNICIPAL CODE BE AMENDED BY CREATING AND RESERVING
SECTIONS 2.05.2840 THROUGH 2.05.2890; BY CREATING SECTIONS 2.05.2900,
2.05.2910, AND 2.05.2920; BY CREATING AND RESERVING SECTIONS 2.05.2930
THROUGH 2.05.2990; BY CREATING SECTIONS 2.05.3000, 2.05.3010, AND 2.05.3020;
BY CREATING AND RESERVING SECTIONS 2.05.3030 THROUGH 2.05.3090; BY
AMENDING SECTIONS 20.02.010 AND 20.02.020; BY DELETING SECTIONS
20.02.020, 20.02.040, 20.02.050, 20.02.060, 20.02.070, 20.02.080, 20.02.090, 20.02.100,
20.02.110, 20.02.120, 20.02.130; BY AMENDING SECTION 20.02.140; BY AMENDING
SECTIONS 30.03.060, 38.08.020, 38.08.030 AND 38.08.040; BY DELETING SECTION
38.08.080; BY AMENDING SECTIONS 38.19.040, 38.19.110, 38.19.130, 38.20.060,
38.21.050, 38.22.030, 38.22.105, 38.22.120, 38.22.170, 38.23.030, 38.23.150, 38.23.180,
38.25.020, 38.25.040, 38.26.030, 38.26.050, 38.27.010, 38.28.060, 38.29.030, 38.29.040,
38.32.010, 38.32.040, 38.34.100, 38.34.130, 38.38.030, 38.40.020, 38.40.040, 38.42.010,
38.42.090; BY DELETING SECTION 38.42.240; AND BY AMENDING SECTIONS
38.42.850, 38.42.990, 38.42.2660, AND 38.42.2740; AND DELETING SECTION
38.42.3050; TO CORRECT ERRORS, TO RESOLVE CONFLICTS BETWEEN
SECTIONS OF THE CODE, TO INCREASE CONSISTENCY IN PRACTICE OF CODE
ORGANIZATION, AND TO CREATE IMPROVEMENTS IN STANDARDS.
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
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
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Zone Code Amendment #Z-12163
2
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
______________________________
Trever McSpadden, President
City of Bozeman Planning Board
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COMMISSION RESOLUTION NO 3907
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN
MONT ANA REVISING AND RE EST ABLISHING GOALS AND POLICIES FOR
ANNEXATION OF PROPERTIES TO THE CITY OF BOZEMAN AND
SUPERSEDING COMMISSION RESOLUTION NO 3137
WHEREAS the City of Bozeman wishes to establish comprehensive annexation goals and policies
to provide for orderly well planned bTowth and
WHEREAS adoption of such goals and policies will provide our community with clear guidelines
for informed annexation proposals and
WHEREAS the City establishes these goals and policies in accordance with annexation statutes as
set forth in Title 7 Chapter 2 Parts 43 45 46 and 47 M C A
NOW THEREFORE BE IT RESOLVED by the City Commission of the City of Bozeman
Montana to wit
Section 1
Goals
The following goals are hereby established for the consideration of annexations to the City of
Bozeman
1 It shall be the goal of the City of Bozeman to encourage annexations of land
contiguous to the City
2 The City shall seek to annex all areas that are totally surrounded by the City without
regard to parcel size
3 The City shall seek to annex all property currently contracting with the City for City
services such as water sanitary sewer and or fire protection
4 It shall be the goal of the City of Bozeman to require annexation of all land proposed
for development lying within the service boundary of the existing sewer system as
depicted in the Bozeman Growth Policy and to encourage annexations within the
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urban growth area identified in the Bozeman Growth Policy
Section 2
Policies
The following policies are hereby established for the consideration of all future annexations to the
City of Bozeman
1 Annexations shall include dedication of all easements rights of way for collector and
arterial streets water rights and waivers of right to protest against the creation of
improvement districts necessary to provide the essential services for future
development of the city
2 Issues pertaining to master planning and zoning shall be addressed in conjunction with
the application for annexation
a The initial application for annexation shall be in conformance with the
current Bozeman Growth Policy If a Growth Policy Amendment is
necessary to accommodate anticipated uses said amendment process
may be initiated by the applicant and conducted concurrently with the
processing of the application for annexation
b Initial zoning classification of the property to be annexed shall be
determined by the City Commission in compliance with the Bozeman
Growth Policy and upon a recommendation of the City Zoning
Commission prior to final annexation approval
c The applicant may indicate his or her preferred zoning classification as
part of the annexation application
3 Fees for Annexation procedures shall be established by the City Commission No fee
will be charged for any City initiated annexation
4 It shall be the general policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
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property
5 Prior to annexation of property it shall be the policy of the City of Bozeman to acquire
usable water rights or an appropriate fee in lieu thereof equal to the average annual
diversion requirement necessary to provide the anticipated average annual
consumption of water by residents and or users of the property when fully developed
on the basis of the zoning designation s The fee maybe used to acquire water rights
or for improvements to the water system which would create additional water supply
capacity This policy may be subject to the following exceptions
a For any annexation in excess of ten 1O acres it shall be earned out
prior to final plat approval final site plan approval or the issuance of
any building permit whichever occurs first provided applicant executes
a promissory note or other appropriate document acceptable to the City
b For any anncxation or portion thereof proposed f Jf use as a church as
that tcrm is defined in the Bozeman zoning ordinance the R I
ResidentialSingleHousehold Low Density District shall be used in
place of the property s zoning designation for calculating the water
requirement If the use changes from a church at any time in thc future
the owner of the property will enter into a separate agreement
providing that at the time of the change the owner or its successor
shall supply any additional water rights or fee which might be due
based on the actual zoning designation at the time of the change
6 Infrastructure and emergency services for an area proposed for annexation will be
reviewed for the health safety and welfare of the public Ifit is found that adcquate
services cannot be provided to ensure public health safety and welfare it shall be the
general policy of the City to require the applicant to provide a written plan for
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accommodation of thcse services or not approve the annexation Additionally
annexation proposals that would use up infrastructure capacity already reserved for
properties lying either within undeveloped portions ofthe City limits or lying outside
the City limits but within identified sewer or water service area boundaries shall
generally not be approved
7 It shall be the general policy of the City of Bozeman to require annexation of any
contiguous property for which city services arc requested or f r which city services are
currently being contracted
8 The annexation application shall be accompanied by mapping to meet the requirements
of the Director of Public Service
9 It shall be the policy of the City of Bozeman to asscss a system development impact
fee in accordance with Chapter 3 24 Bozeman Municipal Code and accordance with
the Bozeman Growth Policy and other policies as they are developcd
10 Public notice requirements shall be in compliance with Montana Code Annotated In
addition notice shall be posted in at least one conspicuous location on the site in
question and mailed to all owners of real property of record within 200 feet of the site
in question using last declared county real estate tax records not more than forty five
days nor less than fifteen days prior to the scheduled action to approve or deny the
annexation by the City Commission specifying the date time and place the
annexation will be considered by the City Commission The notice shall contain the
materials required by Section 18 76 020 A
BMC
In addition where a commonly
identifiable street address is not visible on the property to be annexed the notice shall
provide a map of the area in question so as to indicatc its general location and
proximity to surrounding properties
11 Annexation agreements shall be executed and returned to the City within 60 days of
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distribution of the annexation abTeement unless another time period is specifically
identified by the City Commission
12 When possible the use of Part 46 annexations is preferred
PASSED AND ADOPTED by the City Commission of the City of Bozeman Montana at a regular
session thereofheld on theJ th day of 2006
J F R S M yorl
ATTEST
12 7
U b
DEVIN HARBOUR
Acting Clerk of the Commission
vW
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653
From: Todd Scott [mailto:todd@bozemanbrewing.com]
Sent: Friday, August 24, 2012 1:56 PM
To: Agenda
Subject: M-1 zoning revision
Members of the commission,
My name is Todd Scott. I am the proprietor of Bozeman Brewing Company on North
Broadway in Bozeman.
I would like to comment on the upcoming package of amendments to zoning and land
use codes which you have up for first reading on August 27th.
It has come to my attention that city planning codes do not anticipate nor
readily enable the service of alcohol at facilities where it is manufactured.
Since this is a popular and growing industry, and the commission has shown the
desire to support diverse manufacturing, it would be useful to improve the zoning
code to better enable success for craft brewing and distilling businesses.
For instance, my understanding is that you would have to considerably stretch
your interpretation of code in order to approve a classic brew pub, which would
combine a restaurant with a microbrewery.
Likewise, there is no way for city planning staff to legitimately recommend
approval of a tasting room for a microdistillery. This is because this use is
not anticipated for M1 zoning where such a facility would likely be located. Nor
is it anticipated for any other zoning classification.
I would offer for consideration that an appropriate improvement might be made in
the Table of Industrial Users, table 38.12.020 in the municipal code. I refer to
the entry for "Retail sales of goods produced or warehoused on site and related
products, not to exceed 20 percent of gross floor area or 10,000 square feet,
whichever is less." This is currently listed as an Accessory use in all the
zoning classifications. It does not anticipate on-site consumption of alcohol.
I would ask that this be changed to allow consumption of alcohol that is produced
on-site as a conditional use for all of the zoning classes in the table.
By the limitation of 20% of floor space for this use places onerous constraints
upon a start-up facility that might in fact preclude business success. I am
concerned that specifying a distinct percentage of floor space places the
commission in the position of not just assuming how a small business would work,
but prescribing how a small business must work. Micro-enterprises are at their
most vulnerable when they are new. Please consider that maximum creativity
requires maximum flexibility. For this reason, I would request that you remove
this restriction and allow entrepreneurs to make decisions about how to best
utilize their facilities. I do however understand the 10,000 square foot
maximum, however, as this is more of a qualitative requirement that suits our
community well.
Thanks for your consideration.
Todd Scott
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