HomeMy WebLinkAboutOrdinance 12- 1828 Amending sections of BMC Chapter 38 ORDINANCE NO. 1828
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE
CHANGED BY AMENDING SECTIONS 38.01.080, 38.02.030, 38.03.040, 38.04.040,
38.05.070, 38.05.090, 38.08.020, 38.07.070, 38.09.020, 37.11.070, 38.16.020, 38.16.080,
38.17.020, 38.17.050, 38.17.080, 38.19.060, 38.19.070, 38.17.090, 38.19.110, 38.19.140,
38.20.020, 38.20.030, 38.20.040, 38.20.070, 38.20.080, 38.20.090, 38.21.030, 38.21.060,
38.22.110, 38.22.120, 38.22.130, 38.22.180, 38.22.150, 38.22.180, 38.22.190, 38.22.200,
38.23.010, 38.23.020, 38.23.060, 38.23.070, 38.23.080, 38.23,150, 38.24.010, 38.24.060,
38.24.090, 38.24.110, 38.24.120, 38,25.020, 38.24.040, 38.25.050, 38.24.060, 38.26.040,
38.26.050, 38.26.060, 38.26.080, 38.27.020, 38.27.030, 38.27.040, 38.27.050, 38.27.070,
38.27.100, 38.27.110, 38.28.060, 38.28.070, 38.28.080, 38.28.170, 38.28.180, 38.28.190,
38.29.040, 38.30.040, 38.30.060, 38.30.070, 38.31.060, 38.31.090, 38.32.020, 38.32.030,
38.33.010, 38.34.020, 38.34.060, 38.34.160, 38.35.030, 38.35.040, 38.35.050, 38.35.070,
38.39.020, 38.39.030, 38.39.060, 38.41.060, 38.41.070, 38.41.080, 38.41.090, 38.41.120,
38.41.140, 38.41.160, 38.42.890, 38.42.1070, 38.42.2280, AND 38.42.2990, TO
CONSOLIDATE REFERENCES TO REVIEW AUTHORITIES THROUGHOUT
CHAPTER 38 IN CONJUNCTION WITH ORDINANCE 1827 AND TO MODIFY
THE PROCESS FOR REVIEW AND APPROVAL OF DEMOLITION OR
MOVEMENT OF STRUCTURES WITHIN THE NEIGHBORHOOD
CONSERVATION OVERLAY DISTRICT.
WHEREAS, the City of Bozeman has adopted Unified Development Code (UDC)
which establishes standards and procedures for development under the City's authority to zone
established in Title 76, Chapter 2, Part 3, MCA, and other authorities; and
Page 1 of 65
WHEREAS, Administration of the adopted procedures of the Unified Development
Code require designation of what entity or person has approval authority of the different types of
applications and standards; and
WHEREAS, Over time the references have become distributed throughout the entire
Unified Development Code which makes the regulations more difficult to understand and
administer; and
WHEREAS, Clarity of language in regulations is an advantage to all citizens and
administrators and is therefore to be sought for and created; and
WHEREAS,the City Commission has directed revisions to the structure of the code as
it applies to the zoning Board of Adjustment through Ordinance 1827 which makes it timely and
appropriate to coordinate and consolidate references to review authorities throughout Chapter 3 8,
BMC at this time; and
WHEREAS, the proposed (UDC) text amendment application has been properly
submitted, and reviewed, and all necessary public notice was given for all public hearings; and
WHEREAS,the Zoning Commission held a public hearing on July 31, 2012 to receive
and review all written and oral testimony on the request for a (UDC) text amendment; and
WHEREAS, No members of the public offered comment on the proposed ordinance;
and
WHEREAS, as shown in Zoning Commission Resolution Z-12064, the Zoning
Commission recommended to the City Commission that the proposed (UDC) text amendments
be approved; and
Page 2 of 65
WHEREAS, after proper notice, the City Commission held a public hearing on August
20, 2012, to receive and review all written and oral testimony on the request for a text
amendment to the (UDC); and
WHEREAS, the City Commission reviewed and considered the relevant (UDC) text
amendment criteria established by Section 76-2-304, M.C.A., and found the proposed (UDC)
text amendment to be in compliance with the purposes of the title as locally adopted in Section
18.02.040, BMC, and that the amendments would yield a superior outcome for the community
than the text as presently exists; and
WHEREAS, at its public hearing on August 20, 2012, the City Commission found that
the proposed (UDC) text amendment would be in compliance with Bozeman's adopted growth
policy and applicable statutes and would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana,that:
Section I
Section 38.01.080 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
B. To the extent reasonable, all city-owned land shall be subject to applicable regulations of
the underlying zoning district. Developffient of sueh laiid shall be subjee4 to approval by the eit
�n upon Feview of the developmetA review eefffin44ee and other-review bedies as may
be requir-ed by this ehapter-.-
Section 2
Section 38.02.030 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
A. Correction of errors. Correction of errors that, in the opinion of the city ' , will
not materially alter the plat may be made by the submission of a corrected final plat for the city
. . �Ws approval. The plat may be filed under the procedures for first minor subdivision
plats. The plat shall be entitled "amended plat of the (name of subdivision) subdivision," and the
reason for the correction shall be stated on the face of the plat.
B. Material alterations, Amendments that materially alter the final plat, or any portion thereof,
Page 3 of 65
shall be made by the filing of an amended plat showing all alterations. The amended plat shall be
approved by the city- eoffiR-, _�°„ under the major or minor subdivision procedure, as is
appropriate. Prior to such approval, the amended plat shall be reviewed by the planning
department. The city semi may not approve an amendment which will place the plat in
nonconformance with the standards contained herein unless a public hearing is held on the plat
and a written variance from the standards issued pursuant to procedures contained herein for
such variances is granted. The plat shall be entitled "amended plat of(the name) subdivision,"
and the reason for the amendment shall be stated on the face of the plat.
C. Vacating recorded puts. Any plat prepared and recorded as provided by this chapter may
be vacated, in whole or in part, as provided by MCA 7-5-2501, 7-5-2502, 7-14-2616(1) and (2),
7-14-2617, 7-14-4114(1) and (2), and 7-14-4115. Upon vacation, the city eenffnissie , or the
district court, as provided in MCA 7-5-2502, shall determine to which properties the title to the
streets and alleys of the vacated portions must revert. The city . . , or the district court,
as provided in MCA 7-5-2502, shall take into consideration the previous platting; the manner in
which the right-of-way was originally dedicated, granted or conveyed; the reasons stated in the
petition requesting the vacation; the parties requesting the vacation; and any agreements between
the adjacent property owners regarding the use of the vacated area. The title to the streets and
alleys of the vacated portions may revert to one or more of the owners of the properties within
the platted area adjacent to the vacated portions.
1. Utility easements. When any poleline, pipeline or any other public or private facility is
located in a vacated street or alley at the time of the reversion of the title to the vacated
street or alley, the owner of the public or private utility facility has an easement over the
vacated land to continue the operation and maintenance of the public or private utility
facility.
Section 3
Section 38,03.030 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
See. 38.03.030. - Concurrent review.
The developer has the option of submitting a state department of environmental quality
(DEQ)/Iocal government joint application form in the place of a preliminary plat application
form, and to request concurrent subdivision review by the state department of envirom-nental
quality and the city pursuant to MCA 76-4-129.
Section 4
Section 38.03.040.A.5.b(3)(c) of the Bozeman Municipal Code be amended so that such section
shall read as follows:
(c) The recommendation of the advisory bodies planning be and
Section 5
Section 38.03.040.A.5.g of the Bozeman Municipal Code be amended so that such section shall
read as follows:
g. Extensions of preliminary plat approval period Any mutually agreed upon
Page 4 of 65
extension must be in writing and dated and signed by the subdivider or their
authorized agent and by the city commission or their authorized agent. More than one
extension may be requested for a particular subdivision. Each request shall be
considered on its individual merits. An extension of the subdivision approval under
this chapter does not extend other city or non-city agency approvals, e.g. for design of
infrastructure extensions, necessary to complete the project.
than twe years. Extensions f6f ffiefe than twe years shall be approved by the eit�,r
Review
authority for extensions is established in Article 34. When evaluating an extension
request, the city shall consider:
(1) Changes to the development regulations since the original approval and
whether the subdivision as originally approved is essentially compliant with the
new regulations;
(2) Progress to date in completing the subdivision as a whole and any phases,
including maintenance of the remainder of the site in good condition;
(3) Phasing of the subdivision and the ability for existing development to
operate without the delayed development;
(4) Dependence by other development on any public infrastructure or private
improvements to be installed by the subdivision;
(5) Demonstrated ability of the subdivider to complete the subdivision;
(6) Whether mitigation for impacts of the subdivision identified during the
preliminary plat review and findings of fact and order remain relevant, adequate,
and applicable to the present circumstances of the subdivision and community.
Section 6
Section 38.04.044 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.04.040. - Filing of final plan.
Once the final plan has been approved by the city eemmissien, an original copy of the approved
plan shall be filed with the county clerk and recorder as a "miscellaneous" document and another
copy of the approved plan shall be retained by the engineering division of the department of
public services.
Section 7
Section 38.05.070.A of the Bozeman Municipal Code be amended so that such section shall read
as follows with all subparagraphs remaining as presently written:
A. The following criteria shall be used to ensure that exemptions are not claimed for the
purposes of evading this chapter or the Act. Appeals regarding a final decision by the planning
department that an exemption is an evasion of the Subdivision and Platting Act may be taken4e
Page 5 of 65
the eity eeniffiission in the manner established for administrative project decision appeals as set
forth in section 38.35.030.
Section 8
Section 3 8.05.090 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
See. 38.05.090. - Correction of errors.
Correction of errors may be made by the submission of a corrected certificate of survey for the
plaiining direeter-'s cites approval.
Section 9
Section 38.08.020, table 38.08.020, Footnote 2 of the Bozeman Municipal Code be amended so
that such section shall read as follows.
2 Agricultural uses include barns and animal shelters, and the keeping of animals and fowl,
together with their dependent young, as hereinafter set forth per 2.5 acres. one horse or one cow;
two sheep or two goats; ten rabbits; 36 fowl (chickens, pheasants, pigeons, etc.) or six larger
fowl (ducks, geese, turkeys, etc.). For larger parcels the planning direeter- review authority may
determine that a larger number of livestock is consistent with the requirements of this section.
Section 10
Section 38.07.070.B of the Bozeman Municipal Code be amended so that such section shall read
as follows:
B. Where physical or cultural features existing on the ground are at variance with those shown
on the official zoning map, or where other circumstances or controversy arise over district
boundaries, the planning director shall interpret the district boundary. Such interpretation is
subject to appeal as set forth in article 35. to the eit-y eeffimissio
Section 11
Section 38.09.020.D.3 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
3. All development review applications for property in the REMU district smaller than
five acres are subject to the standards in this article; and may be subject to review as a
master site plan per article 19 of this chapter by deeision e the planning direete-r-, upon a
finding by the city that:
a. The development application is for a site considered a major infill site, having a
significant impact on an existing neighborhood; or may create a center within an
existing neighborhood;
b. The proposed development is located at an intersections deemed to have special
significance;
C. The proposed development may have a significant impact on existing
transportation and open space network, pedestrian and bicycle travel;
Page 6 of 65
d. The proposed development requires a multi-year approval and multiple phases
for completion.
Section 12
Section 38.11.070.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. A UMU district is anticipated to generally be not less than 20 acres in area. The city
eeffitz,aissietfl. may approve a lesser area of not less than ten acres upon finding that a
smaller area will still provide for adequate transition between adjacent districts, provide a
reasonable community setting for the intensity of the district, and that a smaller area will
not constitute spot zoning.
Section 13
Section 38.16.020.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. It is ii4ende4-that the The design ..evict.,: bear QRB and administrative design review staff
will review and make recommendations to the review authority-
dir-eetar regarding development within the neighborhood conservation district in order to
maintain the underlying and desirable characteristics of structures and areas within such districts,
while recognizing the need for innovation and individual expression in the development of these
districts.
Section 14
Section 38.16.080 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
See. 38.16.080. - Demolition or movement of structures or sites within the conservation
district.
A. The demolition or movement of any structure or site within the conservation district shall
be subject to the provisions of this article and section. The review procedures and criteria for the
demolition or movement of any structure or site within the conservation district are as follows:
1. Applications for the demolition or movement of structures within the conservation
district will not be accepted without a complete submittal for the subsequent development
or treatment of the site after the demolition or movement has occurred. The subsequent
development or treatment must be approved before a demolition or moving permit may be
issued.
2. The demolition or movement of conservation district principal and accessory
structures or sites, which are designated as intrusive or neutral elements by the state
historical and architectural inventory, and that are not within recognized historic districts or
in other ways listed on the National Register of Historic Places, shall be subject to approval
by the plamiiiig dir-eeter- afte review end r-eeew.-Rendatien of adffiinistrafive desig
staff or design reviewbeard as per articles 19 and 3-3-34 of this chapter, and the standards
outlined in seetie 38.16.050. The state historical and architectural inventory form shall be
reviewed and, if necessary, updated by a qualified-professional acceptable to the state
Page 7 of 65
historic preservation office the i.s,.ler-:e pr-esei=,afien staff to reflect current conditions on the
site, prior to the review of the demolition or movement proposal. The AM! appf-OV review
authority for the demolition or movement of structures or sites described within this section
shall be coordinated with the larger project when demolition or movement is rest with th-e
eit-y e.,..,.,m ssio <;he proposed in conjunction with a deviation, variance, conditional use
permit or planned unit development application..
, shall
this . Pfief to holding the ptiblie hearing,
reeemmenda4ion f�em administrative design review staff and the design revie-,�,,bear-d. The
, neeessffy, updated
mavefnef4 of str-acptiffes or sites deser-ibed witWn this see4ien shall rest v� the—eity
3. The demolition or movement of conservation district principal and accessory
structures or sites, which are designated as contributing elements by the state historical and
architectural invento and all properties within historic districts and all landmarks shall
be sub'cct to public notice. Notice shall be provided in accordance with article 40 of this
chapter. Prior to any final action on the application the review authority shall receive a
recommendation from the historic preservation officer, and if the demolition does not
conform to the criteria below a recommendation from the historic preservation advisory
board. The state historical and architectural inventory form shall be reviewed and, if
necessary, updated by a qualified professional acceptable to the state historic preservation
office to reflect current conditions on the site; prior to the review of the demolition or
movement proposal. The review authority for the demolition or movement of structures or
sites described within this section shall be coordinated with the larger Project when
demolition or movement is proposed in conjunction with a deviation variance site plan
conditional use permit or planned unit development application. The review authority shall
base its decision on the following.
a. The standards in seems 38.16.050 and the architectural, social, cultural and
historical importance of the structure or site and their relationship to the district as
determined by the state historic preservation office and the planning department.
b. If the eefamission review authority finds that the criteria of this section are not
satisfied, then, before approving an application to demolish or remove, the
review authority must find that at least one of the following factors apply
based on definitive evidence supplied by the applicant, including structural analysis
and cost estimates indicating the costs of repair and/or rehabilitation versus the costs
of demolition and redevelopment:
(1) The structure or site is a threat to public health or safety, and that no
Page 8 of 65
reasonable repairs or alterations will remove such threat; any costs associated
with the removal of health or safety threats must exceed the value of the
structure.
(2) The structure or site has no viable economic or useful life remaining.
4. If an application for demolition or moving is denied, issuance of a demolition or
moving permit shall be stayed for a period of two years from the date of the final decision
in order to allow the applicant and city to explore alternatives to the demolition or move,
including, but not limited to, the use of tax credits or adaptive reuse. The two-year stay may
be ten-ninated at any point in time if an alternate proposal is approved or if sufficient
additional evidence is presented to otherwise satisfy the requirements of subsection 2 or 3
of this section.
5. All structures or sites approved for demolition or moving shall be fully documented in
a manner acceptable to the historic preservation planner and administrative design review
staff prior to the issuance of demolition or moving permits.
6.In addition to the remedies in article 34 of this chapter, the owner of any structure or site
that is demolished or moved contrary to the provisions of this section, and any contractor
performing such work, may be required to reconstruct such structure or site in a design and
manner identical to its condition prior to such illegal demolition or move, and in
conformance with all applicable codes and regulations
Section 15
Section 38.17.020.B of the Bozeman Municipal Code be amended so that such section shall read
as follows:
B. It is the intent of this article to establish design criteria, standards and review procedures
that will allow the city and its advisory boards and agencies to review and direct, in a fair and
equitable manner, the development and redevelopment of future and existing properties and
facilities within the entry corridors. The recommendations of the design review board or
administrative design review staff shall be given careful consideration in the final action of the
review authority planning direeter, board of adjustmei:4, ar-the eity eanil"issiee.
Section 16
Section 38.17.050 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
See. 38.17.050. - Certificate of appropriateness.
A. A certificate of appropriateness received from the reviewing authority after
recommendation by the administrative design review staff or design review board, shall be
required before any and all alterations other than repair as defined in article 42 of this chapter,
are undertaken upon any structure in the entryway corridor. Per aher-a4ieiis net requifing ei
eem:fni Compliance with the plamaing difeeter-'s review authority decisions will
be mandatory subject to appeal to the eity eefmnissie as set forth in article 35 of this chapter.
Application procedures are as follows:
Page 9 of 65
1. No building, demolition, sign, conditional use permit or moving permit shall be issued
within an entryway corridor until a certificate of appropriateness has been issued by the
appropriate review authority and until final action on the proposal has been taken.
2. Application, review and public notice procedures for proposals located within
entryway corridors are set forth in articles 19, Review Procedures for Site Development; 33,
Development Review Committee, Design Review Board, Administrative Design Review
Staff and Wetlands Review Board; and 40,Noticing, of this chapter.
3.A denial of a certificate shall be accompanied by a written statement of reasons for the
denial.
Section 17
Section 38.17.080 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
See. 38.17.080. - Deviation from overlay or underlying zoning requirements.
A. To accomplish the intent and purpose of this article it may be necessary to deviate from the
strict application of the overlay or underlying zoning requirements. Deviations from the
underlying zoning requirements may be granted by the city after considering the
recommendations of the design review board or administrative design review staff.
B. The application for deviation shall be subject to the submittal and procedural
requirements of articles 19 and 41 of this chapter. The application shall be accompanied by
written and graphic material sufficient to illustrate the initial and final conditions that the
modified standards will produce. The eit�, ,,en-Anission or board ef aojiistm review authority
shall make a determination that the deviation will produce an environment, landscape quality and
character superior to that produced by the existing standards, and which will be consistent with
the intent and purpose of this article, and with the adopted design objectives plan for the
particular entryway corridor. Upon such a finding, the eity eemmission or board of adjttsim
review authority may authorize deviations of up to 20 percent beyond or below minimum or
maximum standards respectively, as established in the underlying zoning district regulations. If
the eit-y eemmission or-board of adjusim review authority does not find that the proposed
modified standards create an environment, landscape quality and character superior to that
produced by the existing standards, and which will be consistent with the intent and purpose of
this article, and with the adopted design objectives plan for the particular entryway corridor, no
deviation shall be granted.
Section 18
Section 38.19.060.A of the Bozeman Municipal Code be amended and a new paragraph B be
created so that such section shall read as follows and existing paragraphs B, C & D be
renumbered accordingly.
A. Generally, Uses permitted subject to a special temporary use permit are those temporary
uses which are required for the proper function of the community or are temporarily required in
the process of establishing a permitted use, constructing a public facility or providing for
response to an emergency. Such uses shall be so conducted that they will not be detrimental in
Page 10 of 65
any way to the surrounding properties or to the community. Uses permitted subject to a special
temporary use permit may include:
1. Carnivals, circuses, special events of not over 72 consecutive hours;
2. Tent revival meetings;
3. Swap meets; or
4. Such other uses as the planning dir-eele may be deemed to be within the intent and
purpose of this section.
B. Exception: Functions held within a park and which are subject tg-g_park user agreement are
not required to obtain a special temporary use permit.
Section 19
Section 38.19.070.13 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
B. Sketch plan review procedures.
I. No certificate of appropriateness required Sketch plans for projects which do not
require a certificate of appropriateness shall be submitted to the planning direete
dgp artment for a determination of compliance with the requirements of this chapter. Once
compliance is achieved, the application will be approved for construction or referred to the
appropriate permitting authorities. In determining whether compliance is achieved the
planning dir-eetar department shall consider the individual circumstances of the site when
the development is subject to seefien 3 8.19.15 0
2. Certificate of appropriateness required Sketch plans, including the material required
by seetie 38.41.090, and such additional information as may be required for projects
which require a certificate of appropriateness as per see t4e 38.19.080 shall be submitted to
the planning dir-eeter- department, who shall review the proposal for compliance with this
chapter, including compliance with the applicable overlay district requirements. Once
compliance is achieved, the application will be approved for construction or referred to the
appropriate permitting authorities.
Section 20
Section 38.19.090.A.1&2 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
A. Acceptability and adequacy of application.
1. The planning dir-eeter de artment shall review the application for acceptability within
five working days to determine if the application is does not omit any of the submittal
elements required by this chapter. If the application does not contain all of the required
elements, the application, review fee and a written explanation of what the application is
missing shall be returned to the property owner or their representative. The five working
day review period will be considered met if the letter is dated, signed and placed in the
Page 11 of 65
outgoing mail within the five-day review period.
2. After the application is deemed to contain the required elements and to be acceptable,
it shall be reviewed for adequacy. A determination of adequacy means the application
contains all of the required elements in sufficient detail and accuracy to enable the
applicable review agency to make a determination that the application either does or does
not conform to the requirements of this chapter and any other applicable regulations under
the jurisdiction of the City of Bozeman. The review for adequacy shall be conducted by the
appropriate agency with expertise in the subject matter. The adequacy review period shall
begin on the next working day after the date that the planning direete rtment
determines the application to contain all the required elements and shall be completed
within not more than 15 working days. The 15 working day review period will be
considered met if the letter is dated, signed and placed in the outgoing mail within the 15
working day review period. If the application is inadequate, a written explanation of why
the application is inadequate will be returned to the property owner. Upon a determination
of adequacy the review of the development will be scheduled.
a. In the event the missing information is not received by the city within 15 working
days of notification to the property owner of inadequacy, all application materials and
one-half of the review fee shall be returned to the property owner or their
representative. Subsequent resubmittal shall require payment of a review fee as if it
were a new application.
b. A determination that an application is adequate does not restrict the city from
requesting additional information during the site plan review process.
Section 21
Section 3 8.19.11 O.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. The person applying for a conditional use permit shall fill out and submit to the planning
difeete department the appropriate form with the required fee. The request for a conditional use
permit shall follow the procedures and application requirements of this article.
Section 22
Section 38.19.140.13 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
B. Sites legally developed prior to the adoption of the ordinance codified in this chapter
(September 3, 1991 — Ordinance 1332) shall be considered to have developed under an
approved plan. Proposals for refuse, change in use or the further development of sites legally
developed prior to the adoption of the ordinance codified in this chapter may be approved by the
review authority upon determining that no significant alteration of the previous use and site are
proposed, and upon-review by the eity engine ei: or designee to assure a determination that
,adequate access and site surface drainage are provided. All such proposals shall be shown on a
plan drawing as required by seetion 38.41.110
Page 12 of 65
Section 23
Section 38.20.020.17 of the Bozeman Municipal Code be deleted and subsection E renumbered
accordingly:
D. The eity eemmissien r-etains final approval authority fer-planned iinit developmei-As.
Section 24
Section 38.20.030.A.4 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
4. Use ofgeneral building and development standards.
a. All planned unit developments shall be reviewed against the development
standards established in this chapter. However, in order to encourage creativity and
design excellence that would contribute to the character of the community, deviations
from the requirements or the standards of this chapter may be granted by the review
authorii! e- after considering the recommendations of the applicable
review bodies established by this chapter. The PUD application shall be accompanied
by written and ;graphic material sufficient to illustrate the initial and final conditions
that the modified standards will produce. Such written and graphic materials may
include textual descriptions, site plans, renderings of proposed elevations or
landscapes, or similar materials.
b. All requested deviations, waivers of submittal requirements and other relaxations
of regulatory requirements shall be identified in writing at the time of preliminary plan
submittal. Failure to identify such items may result in the delay of application
processing in order to receive necessary materials, provide additional public notice or
other curative actions.
c. The eity eammigsieff-review authority shall make a determination that the
deviation will produce an environment, landscape quality and character superior to
that produced by the existing standards of this chapter, and which will be consistent
with the intent and purpose of this article, with the adopted goals of the city growth
policy and with any relevant adopted design objectives plan. Upon deciding in favor of
the deviation request,the authority may grant deviations,
above or below minimum or maximum standards respectively as established in this
chapter, including the complete exemption from a particular standard. If the eity
preview authority does not determine that the proposed modified standards
will create an environment, landscape quality.and character superior to that produced
by the existing standards of this chapter, and which will be consistent with the intent
and purpose of this article and with any relevant design objectives plan, then no
deviation shall be granted.
Section 25
Section 38.20.040.A.2&3 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
Page 1.3 of 65
See. 38.20.040. - Planned unit development review procedures and criteria.
2. Preliminary plan review, Sufficient information shall be submitted to permit review of
the land use relationships, densities and the type, size and location of the principal design
elements of the planned unit development by the advisory bodies and review authority_
DRC, DRB, WRB (if applieable) and eity eaffiinissie . For a planned unit development that
will be developed in phases, the developer must submit either a preliminary plan for all
phases, or else submit a preliminary plan for the initial phase or phases and development
guidelines for all subsequent phases. Submittal requirements are in addition to those
required for site plan and conditional use permit review.
a. Application process,, Upon completion of preapplication review and receipt of the
planning department's comments on the preapplication, an application for preliminary
plan approval may be filed with the planning department.
b. Public hearings and meetings. Notice of public hearings and/or public meetings
for any preliminary plan application shall be provided in accordance with article 40 of
this chapter.
C. Review criteria. In order to approve an application for a planned unit
development the city commission shall determine that the application is in
conformance with all applicable standards, objectives and criteria of this chapter
unless an appropriate deviation is granted.
d. Recommendations. The DRC, DRB and WRB (if applicable) shall recommend
the approval, conditional approval or denial of the preliminary plan to the eit-y
eeffimissien review authority and shall include in such recommendation the basis upon
which such recommendation was determined.
e. Preliminary plan approval. The city commission, after conducting a public
hearing, may approve, disapprove or approve with conditions the proposed planned
unit development. The city commission shall issue a written record of their decision to
discuss and weigh the review criteria and standards applicable to the PUD.
3. Final plan review and approval. The final plan must be in compliance with the
approved preliminary plan and/or development guidelines except as provided for in
subsection 3.d of this section, and shall be reviewed DRC and ADR staff and approved by
the review authority.
a. Application process. Upon approval or conditional approval of a preliminary plan
by the eit-y . . 7and the completion of any conditions imposed in connection
with that approval, an application for final plan approval may be submitted.
b. Review criteria; compliance with preliminary plan. For approval to be granted,
the final plan shall be in compliance with the approved preliminary plan. This shall
mean that all conditions imposed by the city commission as part of its approval of the
preliminary plan have been met and:
(1) The final plan does not change the general use or character of the
Page 14 of 65
development;
(2) The final plan does not increase the amount of improved gross leasable
nonresidential floor space by more th4 than five percent, does not increase the
number of residential dwelling units by more than five percent and does not
exceed the amount of any density bonus approved with the preliminary plan;
(3) The final plan does not decrease the open space and/or affordable housing
provided;
(4) The final plan does not contain changes that do not conform to the
requirements of this chapter, excluding properly granted deviations, the
applicable objectives and criteria of seetien 38.20.100, or other objectives or
criteria of this chapter. The final plan shall not contain any changes which would
allowed increased deviation/relaxation of the requirements of this chapter; and
(5) The final plat, if applicable, does not create any additional lots which were
not reviewed as part of the preliminary plan submittal.
c. Final plan approval. The pWifii� dir-eeter ffiay approve the pfoposed planned
unit development final plan mg y be approved if it conforms to the approved
preliminary plan in the manner described above. Prior to final plan approval, the
plapiiaiRg difeeter review authority may request a recommendation from the DRC,
ADR staff, DRIB, WRB or other entity eily eoffimissien regarding any part of a
proposed final plan. If a final plat is part of the final plan submittal, the-eity
eeffifffissiffin review authori1y per 38.34.010 shall. have responsibility to approve the
final plat.
(1) Final plats associated with a PL D shall be subject to the requirements of
see4ieiis 38.03.060 and 38.41.070
d. Amendments to final plan. Building permits and other development approvals
shall be issued on the basis of the approved final plan and any conditions of approval,
No city administrative personnel are permitted to issue permits for improvements
which are not indicated on the approved final plan with the exception of the following:
(1) Minor changes.
(a) Minor changes to a planned unit development may be approved
administratively and in writing, if 4 a41, by the pla*ning dir-eeter-,
whereupon a permit may be issued. Such changes may be authorized
without additional public hearings-notice at the discretion of the review
authority. This provision shall not prohibit the plailfling 4ireeter- review
authori from requesting a recommendation from the DRB, DRC, ADR
staff, WRB or other entity eity eeffffnis4en.
(b) Minor changes shall be defined as follows:
(i) Those developments that do not change the character of the
Page 15 of 65
development;
(ii) An increase of less than five percent in the approved number of
residential dwelling units;
(iii) An increase of less than five percent in the approved gross
leasable floor areas of retail, service, office and/or industrial buildings;
(iv) A change in building location or placement less than 20 percent
of the building width without compromising requirements of the UDO;
(v) An increase in the number of lots less than two percent without
increasing the density by more than five percent. This is applicable
only to zoning PUD plans, not subdivision PUD plats;
(vi) The final plan shall not contain any changes which would allow
increased deviation/relaxation of the requirements of this chapter;
and/or
(vii) The final plat, if applicable, does not create any additional lots
which were not reviewed as part of the preliminary plan submittal.
(c) When a planned unit development has been prepared in sufficient
detail to address the concerns of article 19 of this chapter including but not
limited to general building envelopes, design character of buildings, and
landscaping for some or all of the parcels within its boundaries the final site
development plans may be reviewed as an amendment to the PUD final
plan. The intention to use this provision must be part of the initial submittal
and review of the PUD.
(2) Major changes,
(a) Major changes to a planned unit development shall be appr-eved, if,
all, only by the e4y ee i i , id must follow the same planned unit
development review and public hearing notice and comment process
required for approval of preliminary plans. The final plan shall not contain
any changes which would allow increased deviation/relaxation of the
requirements of this chapter without being individually noticed and
reviewed for the proposed change.
(b) Major changes shall be defined as follows:
(i) A change in the character of the development;
(ii) An increase of greater than five percent in the approved number
of residential dwelling units;
(iii) An increase of greater than five percent in the approved gross
leasable floor areas of retail, service, office and/or industrial buildings;
Page 16 of 65
(iv) A reduction in the approved open space and/or affordable housing
units provided;
(v) A change in the location and placement of buildings; and/or
(vi)An increase in the number of lots above what was approved
through the preliminary plan review. This is applicable only to zoning
PUD plans, not subdivision PUD plats. The final plat, if applicable,
may not create any additional lots which were not reviewed as part of
the preliminary plan submittal.
Section 26
Section 38.20.070.13 of the Bozeman Municipal Code be amended so that such section shall read
as follows.
B. Phased PUD approval process. Master plans and development guidelines shall be reviewed
and approved according to the procedures established for preliminary plans as established in this
article. When a master plan and development guidelines for a phased PUD have been reviewed
and approved by the review authority eity eemmis , each phase of the PUD may be developed
in accordance with the review and approval procedures set forth in this article for final plan
reviews.
Section 27
Section 38.20.070.0 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
C. Phased PUD review criteria.
1. In general, the review criteria for phased preliminary and final PUDs shall be the same
as that for PUDs as set forth in this chapter.
2. In those cases where master plans and development guidelines are proposed to govern
the development of future phases of the PUD, the e4y eanunis review authority must
determine that the proposed master plan and development guidelines are provided in
sufficient detail to support a determination that the phased PUD will comply with all
requirements for PUD approval if developed in accordance with the approved master plan
and development guidelines.
3. DRB or ADR staff, as applicable, and DRC review and approval of preliminary and
final plans, for those phases of a PUD which have an approved master plan and
development guidelines, shall ensure compliance and consistency with said master plan and
development guidelines.
4.Should DRC, DRB or ADR staff, as applicable, determine that proposals to develop
subsequent phases of a PUD are not in compliance with the approved master plan and
development guidelines, the determination may be appealed to the city commission subject
to the provisions of article 35 of this chapter.
Page 17 of 65
Section 28
Section 38.20.080 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.20.080. - Enforcement of approval requirements and conditions.
plan,A. The oeeurfenee of either of the following evei4s ffiay stfl�ee! the applieai4 to the
its review of the inastef ef preliminary 7...
ADR through the review of the final plan f6f the planned --it de.-IepmerA, under the
The failure to comply with any of the terms, conditions of approval or limitations contained on
the site plan, landscape plan, building elevations or other approved, documents or other element
pertainigg to a planned unit development which has received .final approval from the cit y may
subject the applicant or current landowner to the enforcement remedies contained in 38.34.160.
Section 29
Section 38.20.090.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. General. For any planned unit development proposal to be approved it must first be found,
by the eity eenunissim review authority, after recommendation from the DRC, DRB or WRB (if
applicable), to be in compliance with this chapter including any applicable criteria of this section.
Section 30
Section 38.20.090.0 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
C. Evaluation process. The acceptability and performance of a planned unit development
proposal shall be evaluated as follows: Each of the relevant objectives and criteria for the
applicable land use classification and for all development contained in subsection E of this
section, will be answered "Yes," "No" or "Not Applicable" (NA). A "No response" to any of the
applicable objectives and criteria will automatically preclude the development proposal from
further consideration and eventual approval, unless a deviation is granted by the eity eeffffnissien
review authority. An objective or criterion is considered to be applicable if it can reasonably be
applied to the development proposal. The applicant shall clearly demonstrate how the planned
unit development specifically addresses each applicable objective and criterion.
Section 31
Section 38.20.090.E.2.a(7)(b)(E) of the Bozeman Municipal Code be amended so that such
section shall read as follows:
Page 18 of 65
(E) Open space outside of the project boundaries adequate in
size and location to meet the recreational needs of the residential
development . The
site is subject to the standards of article 27 of this chapter and
must demonstrate a geographic and service relationship to the
residential development.
Section 32
Section 38.21.030.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. Only uses specifically identified by this chapter to be built. No building, or structure or part
thereof shall be erected, altered or enlarged for a use, nor shall any existing building, structure or
part thereof, or land, be used for a purpose or in a manner that is not in conformity with the uses
listed as authorized uses for the zone in which such buildings, structure or land is situated. In
addition, any land, building or structure to be erected or used for a purpose listed as a conditional
use in such zone shall first receive final approval of a conditional use permit fie ffi the e
. Existing nonconforming uses and structures shall be governed by article 32 of this
chapter.
Section 33
Section 38.21.030.D.2 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
2. These improvements shall be designed, constructed and installed according to the
standards and criteria as adopted by the city and approved by-beth the city angiaeer- and
teiide prior to the issuance of any building permits.
Section 34
Section 38.21.060.D.1 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
1. Non-specific exemptions. No building, or part thereof, or structure shall be erected,
reconstructed or structurally altered to exceed in height the limit herein designated for the
district in which such building is located, except as is specified in article 35 of this chapter,
or as specifically authorized by the ei4y eafnniissiei.i. as an approved condition of a planned
unit development. Such approved conditions must include the recommendations of the city
fire marshal.
Section 35
Section 38.22.110.1) of the Bozeman Municipal Code be amended so that such section shall read
as follows:
D. Complaints. Complaints by citizens of the city may be cause for termination of the home-
based business. However-, shaiild siieh eomplain4 be filed, the eper-ater- is et4itled to an appeal t
the eity eemmission for- a piklie Rieeting. The ei�y eeRffnissien shall deteFmine whether- er- n(A
the filed eemplain! identifies suffieiei4 vielati" ef this ehapter- to W inafien Orr
medifi eation of the heme basea Xinal administrative actions in relation to complaints are subject
Page 19 of 65
to appeal per article 35 of this chapter.
Section 36
Section 38.22.1.10.E of the Bozeman Municipal Code be amended so that such section shall read
as follows:
E. Appeal to city commission. Any person may appeal the planning director's action relating to
a home-based business*a the e4y eaHffnissien as provided for by article 35 of this chapter.
Section 37
Section 38.22.120.A.6 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
6. Landscaping may be required by the review authority men to provide a
buffer between manufactured home communities and adjacent uses, and to enhance the
appearance of the development. The landscaping may be interspersed with a fence or wall.
Specific perimeter landscape/buffering treatments shall be determined on a case-by case
basis, with the city considering appropriate factors such as the nature of adjacent uses, noise
and proximity to busy streets.
Section 38
Section 38.22.120.A.7 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
7. Recreation areas. At a minimum, the amount of land required to be dedicated under
seetio 38.27.020, shall be reserved as park or recreation area. Recreation areas may
include space for community recreation buildings and facilities.
a. Public access through the recreation area may be required, through the provision
of a written public access easement, if it is determined by the e4y eenHni-& rreview
authori that public access is necessary to ensure public access through the private
recreational area from adjoining properties to nearby or adjacent public parks.
Section 39
Section 38.22.130.D of the Bozeman Municipal Code be amended so that such section shall read
as follows:
D. Actions by planning director. Upon receipt of an application as required by subsection B
of this section, the planning director shall make a decision to approve or disapprove of the
application within 15 working days, er-the plamqing director-may make r-efeffal to the eit-Y
eemffiissieii. Refeffals te the eity eenifflissien shall be plaeed on the ageiida fef its r-egW—Eir-
meeting. Within five working days after receipt of r-eeeffiffieffdatiens &efn the &Y eemmission,
the planning direeter-shall make a delen:nina+ieff as te eenfefmib,with subseefien G ef this
seefieii, nafif�ing the appliraapAs ef appr-eval of disappr-eval. in the ease ef disapprova4,the
Feasens the-fefer-e shall be sta4ed iii wfifing.
Page 20 of 65
Section 40
Section 38.22.180.0.4 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
4. Certificate of appropriateness. A certificate of appropriateness, received from the
review authority city eenfini with a recommendation by the design review board, shall
be required as a condition of site plan approval for any development governed by this
section. Application, review and public notice procedures for proposals governed by this
section are set forth in article 40, Noticing, and article 19, Review Procedures for Site
Development, of this chapter. A denial ef a eei4ifieate shall be me"anied by a vffiae
statement ef reasons for-the deiiial.
Section 41
Section 38.22.150.E of the Bozeman Municipal Code be amended so that such section shall read
as follows:
E. Requests for special temporary use permits shall be subject to review and must be
approved by the appropriate city department representatives per.38.19.06 iiieh ' t�
—lig I it not
limitod tA eity engineer-, fife ffiafshal, eit-y building effleial and planning dir-eete . Permit
coordination and final issuance shall be by the planning director. A special temporary use permit
for portable carry-out food and beverage buildings shall be valid for a period of one year, and
may be renewed annually thereafter only if all regulations and requirements are strictly complied
with on a continuing basis.
Section 42
Section 38.22.180.0.5 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
5. Design criteria and development standards. In addition to all other applicable review
procedures and design criteria, all development governed by this section shall exceed design
criteria and development standards contained in article 17 of this chapter, entryway corridor
overlay district, including the general design objectives and guidelines contained in the adopted
or updated design objectives plan, regardless of location or zoning district. Said design criteria
and development standards shall be exceeded through design practices such as additional
architectural detailing, exceptional landscape design, improved public spaces, use of renewable
energy and/or recycled construction materials, and provisions for alternative modes of
transportation. The eity eenimis i n review authority shall determine whether established design
criteria and development standards have been exceeded based on a recommendation from the
design review board
Section 43
Section 38.22.180.D.a of the Bozeman Municipal Code be amended so that such section shall
read as follows:
1. Applications for large scale retail development shall include a renewal plan that will
afford maximum opportunity, consistent with the sound needs of the municipality as a
whole, for the rehabilitation or redevelopment of the structure in the event of closure or
relocation by the original occupant. Such plan will be approved if the-eity-eemmisg-Em
Page 21 of 65
review authority finds that:
a. The plan conforms to the city's growth policy and the requirements of this
chapter or pads thereof for the municipality as a whole;
b. A sound and adequate plan exists for said redevelopment;
C. The plan affords maximum opportunity for rehabilitation or redevelopment of the
structure by both private enterprise and the city; and
d. The renewal plan provides a maintenance plan for normal repairs and upkeep of
property, including but not limited to building, parking lot and surfacing, landscaping,
signage and elimination of legible impressions, images, or remnants of signs
remaining on a building or sign surface after the use for which the sign was permitted
ceases to operate.
Section 44
Section 38.22.190 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
See. 38.22.190, - Stable, commercial.
A. The minimum property size shall be ten acres.
B. Structures or facilities used for stabling, storing, showing or training of animals shall be set
back a minimum of 100 feet from any adjacent privately owned property. Dwelling units,
accessory structures incidental to dwelling units and irrigated pasturage may occur within the
100-foot setback area subject to the setback requirements of the applicable zoning district.
C, There shall be at least a 20-foot yard adjacent to any street.
D. There shall be no shows or other activities which would generate more traffic than is
normal to a residential area, unless the proposed site has direct access from an arterial street as
set forth in the city growth policy. Permission for such shows and activities shall be obtained
from the city. Notification shall be provided in a letter that explains the nature and duration of
the activity, and accommodations for spectators, traffic control and additional parking for cars
and trailers. This letter shall be submitted to the planning dirreelefplg)q de artment at least
one month prior to the date of the show or activity.
E. All pasture and animal storage areas shall be enclosed with fences or walls of a minimum of
four feet six inches in height. The design of these enclosures shall be shown on drawings
submitted with the conditional use permit application.
F. All laws applicable to the public health and appropriate care of animals must be complied
with for the entire period of operation of the stable.
G. All activity and pasture areas that are not grassed shall be treated for dust control as
approved by�he plafming difeete
Page 22 of 65
H. Adequate parking for daily activities shall be shown on the site plan and improved to city
parking standards. Additional parking-Tifflpr-eved as eFfnined by the planning dir-ee4er-, shall be
provided for shows or other special events. Amounts and required improvements to.,,temporary
parking shall be determined through a special temporM use,permit if such temporm parking
was not shown and approved through,the original approval
Section 45
Section 38.22.200 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
See. 38.22.200. - Tennis and racquet club.
A. The use will be compatible with any adjacent neighborhood and will not be detrimental to
the same due to:
1. Increased automobile traffic;
2. Noise generated from within the site.
B. Perimeter fencing of the site may be required, fencing of outdoor courts shall not exceed 16
feet in height, and fencing may be required to be opaque by the pl ing dir-eeter- er- eit-Y
eenunissien review authority.
C. When the club is located within a residential zoning district, there shall be no shows,
tournaments or other activity which would generate more traffic than is normal to a residential
area, unless access is provided from an arterial street as set forth in the city's long-range
transportation plan gfevAh pehey. If access is not provided from an arterial street, permission for
such shows and activities shall be obtained from the city through the special tem ora use
process Pefffiissiaii shall be r-eques4ed in a letter- with a ske sketeh 4ial e3eplains--the
Ra4we aftd d�ifatieii ef the aetivity and aeeeffiffi() of SpeetaterS, additional pafking a
tfaffie eefAr-el. This let4er- shall be subfni4ed to the eity eler4E for- eity ee i i -nsiderftfien.
D. There shall be a landscaped 50-foot buffer strip adjacent to any residential zoning district,
or as otherwise determined by the ADR or DRB.
E. Hours of operation may be controlled by the review authority eily eommis
Section 46
Section 38.23.010.0 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
C. Lands unsuitable for development, Land which the planning dir-eeter- or-city - .►......has
found to be unsuitable for development because of potential hazards such as flooding, land
slides, excessive slope, rock falls, subsidence, high water table, presence of wetlands; or because
of unreasonable burdens on the general public such as requirements for the excessive
expenditure of public funds, environmental degradation, or congestion in the streets or roads
shall not be used for building or residential purposes unless the hazards or excessive public
burdens are eliminated or will be overcome by appropriate design and construction plans. Slopes
of 25 percent or greater shall be presumed unbuildable unless provided otherwise by the
Page 23 of 65
developer.
Section 47
Section 38.23.020.A.5 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
5. Areas within neighborhood centers used for park, square, green and/or square, that
meet the following criteria, may count towards park land dedication requirements subject to
review and approval by the review authority after receiving a
recommendation from the city recreation and parks advisory board:
a. The area is predominantly open space with enhanced natural features, but may
contain amenities such as sidewalks, seating, drinking and ornamental fountains and
public art; and
b. The area provides active and/or passive recreation opportunities.
Section 48
Section 38.23.020.A.6 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
6, The neighborhood center may be used for limited stormwater retention/detention
facilities if reviewed and approved by the review authority e4y eiagineelf. However, any part
of the center used for stormwater management shall not count towards park dedication
requirements.
Section 49
Section 38.23.060.B.l.c of the Bozeman Municipal Code be amended so that such section shall
read as follows:
C. If placed in a city right-of-way, easements shall be in a location required by and
agreed upon in writing by all of the appropriate utility companies and the review
,authority eit-y eemmiasieffi.
Section 50
Section 38.23.060.D.2 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
2. The developer need not establish irrigation facility easements as provided above if the
following provisions were met or will be met via the subdivision process:
a. The average lot size is one acre or less and the subdivider provides for disclosure,
in a manner acceptable to the review authority_ that adequately
notifies potential buyers of lots that are classified as irrigated land and may continue to
be assessed for irrigation water delivery even though the water may not be deliverable;
or
b. The water rights are removed or the process has been initiated to remove the
water rights from the subdivided land. If the water rights have been or will be removed
Page 24 of 65
from the land within the development it shall be denoted on the preliminary plat. if
removal of water rights is not complete upon filing of the final plat, the subdivider
shall provide written notification to prospective buyers of the intent to remove the
water right and shall document that intent, when applicable, in agreements and legal
documents for related sales transactions.
Section. 51
Section 38.23.070 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
A. General. All municipal water supply, sanitary sewer and storm sewer system facilities shall
comply with the following requirements:
1. The developer shall install complete municipal water and sanitary sewer system
facilities, or a system allowed by seetie 38.21.030.D, and may be required by the city to
install municipal storm sewer system facilities. These systems shall be installed in
accordance with the requirements of the state department of environmental quality and the
city, and shall conform with any applicable facilities plan. The city's requirements are
contained in the Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications, and by this reference
these standards are incorporated into and made a part of these regulations. The developer
shall submit plans and specifications for the proposed facilities to the city and to the state
department of environmental quality and shall obtain their approvals prior to commencing
construction of any municipal water, sanitary sewer or storm sewer system facilities,
2. The cutting of any city street shall be done in compliance with the city's street cut
policy.
3. When a proposed development adjoins undeveloped land, and municipal infrastructure
mains would reasonably pass through the new development to the undeveloped land,
municipal infrastructure mains, shall be arranged to allow the suitable development of the
adjoining undeveloped land. Municipal infrastructure mains within the proposed
development shall be constructed to the boundary lines of the tract to be developed, unless
prevented by topography or other physical conditions. An exception to this standard may be
granted by the dir-eeter- ef publie ser-viees upon written request of the applicant, if the
applicant demonstrates during the development review process that more efficient design
can be accomplished without jeopardizing the public's health, safety and welfare, the intent
of this chapter, or the intent of the city's growth policy-,in-Mmc4i,-��'
n+usl be appr-wmd by the e4y eaffiffiissiefl.
B. Municipal water supply system, additional requirements. Municipal water supply system
facilities shall also comply with the following requirements:
1. When the city's municipal water main is extended, the length of a dead-end water main
typically shall not exceed 500 feet in length, unless approved in writing by the city-eng4ffeer-
and the water and Fewer- super-intenderA.
2.The length of service lines from the main to the structure may not exceed 150 feet in
length, unless approved in writing by the city engineer- and water-and . .4ende
Page 25 of 65
Section 52
Section 38.23.080-8 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
B. Provisions shall be made for the control and drainage of surface water around buildings.
Generally, all lots and street boulevard areas shall be graded no lower than the back of curb or
level of street, whichever is applicable, prior to final plat or final occupancy approval as
appropriate. Exceptions may be granted by the city engineer when adequate drainage facilities
are provided. All drainage plans shall comply with the requirements of the International Building
Code and International Residential Code as adopted by the city, and by this reference these
standards are incorporated into and made a part of these regulations.
Section 53
Section 38.23.150.8.3 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
3. The provisions of this section are not intended to prevent the use of any design,
material or method of installation or operation not specifically prescribed herein, provided
any such alternate has been approved by the review authpjLty-phyiffing-4ifeetef. T4ie
planning dir-eeteF may appfeve aiiy sueh propesed alternate, pff-e—A-A 41-
...-e planning dir-eete
fi-R&Prior to approval the review authority shall make findings hat:
a. The lighting provides at least approximate equivalence to the applicable specific
requirements of this section; .and
b. The lighting is otherwise satisfactory and complies with the intent of this section.
Section 54
Section 38.23.150.E of the Bozeman Municipal Code be amended so that such section shall read
as follows:
G. Historic fighting. The city eaniffiissien may relax lighting standards and requirements, with
the exception of illumination levels, for the provision of historic lighting in the neighborhood
conservation overlay district. Historic lights shall be proposed as an integrated part of an overall
development plan. The historic preservation planner shall review and approve the proposed
lighting for historic appropriateness.
Section 55
Section 38.24.010 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.24.010. - Streets, general.
A. All streets shall be provided in accordance with the adopted growth policy and/or
transportation plan. The arrangement, type, extent, width, grade and location of all streets shall
be considered in their relation to existing and planned streets, to topographical conditions, to
public convenience and safety, and to the proposed uses of the land to be served by such streets.
The design standards contained in these regulations shall apply to all construction, reconstruction
and paving of streets. Review, authorily for exceptions or modifications to this section is
Page 26 of 65
specified in Article 38.34.
1. Relation to undeveloped areas. When a proposed development adjoins undeveloped
land, and access to the undeveloped land would reasonably pass through the new
development, streets within the proposed development shall be arranged to allow the
suitable development of the adjoining undeveloped land. Streets within the proposed
development shall be constructed to the boundary lines of the tract to be developed, unless
prevented by topography or other physical conditions, in whieh ease a s4divisieii L1IIG
must be appr-eved by the eit-y -- .. - .. If the development being reviewed is a
subdivision, a request for an alteration of this standard shall be processed as a subdivision
variance. If the development being reviewed is not a subdivision-g-re for an alteration
re
of this standard shall be reviewed against the criteria of 38.35.070,B but shall not otherwise
alter the review authorily who would otherwise decide gpon the qpplication.
2. Relation to developed areas. The developer shall arrange the streets to provide for the
continuation of streets between adjacent developed properties when such continuation is
necessary for the convenient movement of traffic, effective provision of emergency services
and efficient provision of utilities.
3. Separation of through and local traffic. Where a development abuts or contains an
existing or proposed arterial or collector street, the developer may be required to provide
frontage roads, reverse frontage with a reservation prohibiting access along the rear
property line, screen planting, or such other treatment as may be necessary for protection of
residential properties and to afford separation of through and local traffic.
4. Distance between parallel rights-of-way. Where a development borders on or contains
a railroad, limited access highway, canal, ditch or stream right-of-way, the developer may
be required to provide a street approximately parallel to and on each side of such right-of-
way at a distance suitable to allow for the appropriate use of the intervening land. Such
distances shall also be determined with due regard for the requirements of approach grades
and future grade separation.
5. Dead-end streets, Dead-end streets shall comply with city design specifications and
standards, and with any city-adopted International Fire Code. No dead-end streets longer
than 150 feet shall be permitted without an approved turn around. Where streets terminate,
the developer shall provide a cul-de-sac at the terminus. Where it is planned that a dead-end
street will be extended in the future, a temporary cul-de-sac shall be provided. All approved
turnarounds shall be signed as no parking.
a. "T" turnarounds, in-lieu of a temporary cul-de-sac, must be specifically approved
by the review authqdtye4y--en&eer-. "T" turnarounds shall include two straight
backup lengths of 45 feet each to accommodate city fire trucks. All other design
requirements shall be established by the review authorijy-eity-engif��.
6. Local streets. Local streets shall be laid out to discourage speeding.
7. I-Jalf streets. Half streets are prohibited except when they are essential to the
development, are beneficial to the city, or when the review authority —ems is
satisfied that the half of the street will be dedicated to the public when the adjoining
Page 27 of 65
property is developed. I lalf streets must be approved by the review authori ty e4y engineer,
and when adjacent to unannexed land, the county road office. When an existing half street
is adjacent to a tract to be developed, the undeveloped half of the street shall be provided
with the new development.
8. Second or emergency access. To facilitate traffic movement, the provision of
emergency services and the placement of utility easements, all developments shall be
provided with a second means of access. If, in the judgment of the development review
committee (DISC), a second dedicated right-of-way cannot be provided for reasons of
topography or other physical conditions, the developer shall provide an emergency access,
built to the standards detailed in these regulations.
a. This provision may be waived or conditionally waived by the DRC.
9, Culs-de-sac. Culs-de-sac: are generally prohibited. The review authority eity eiigifieef
may consider and approve the installation of a cul-de-sac only when necessary due to
topography, the presence of critical lands, access control, adjacency to parks or open space,
or similar site constraints. Pedestrian walks shall be installed at the end of cols-de-sac
where deemed appropriate.
10. Bridges and culverts. Culverts or bridges shall be provided and installed by the
developer where drainage channels intersect any street right-of-way.
,a. Bridges. Bridges shall be built to state department of transportation 1d-20 load
standards, and shall be reviewed and approved by the county road office and the city
engineering department.
b. All culverts shall, at a minimum, extend across the entire improved width of the
street cross section. The size and length of the culvert and the amount of backfill over
the culvert shall be determined by a registered professional engineer, when determined
necessary by the city engineering department.
(1) Each culvert or other drainage facility shall be large enough to
accommodate potential runoff from upstream drainage areas. The minimum
capacity of a culvert shall be equivalent to a circular diameter of 15 inches.
11. Encroachment permits, The der person or entity undertaking the development
shall be required to obtain encroachment permits for all access to state highways.
12. Traffic control devices. Street signs and other traffic control devices shall be installed
at all intersections and any other location required by the city. The location, size, shape and
Height of all traffic control devices shall comply with city requirements, and shall conform
with the Manual of Uniform Traffic Control Devices (MUTCD) and the city modifications
to state public works standard specifications.
13. Sight distances. The alignment of all streets shall provide adequate sight distances
based on design operating speeds.
Page 28 of 65
Section 56
Section 38.24.060.B of the Bozeman Municipal Code be amended so that such section shall read
as follows:
B. Plans and specifications for all public or private streets (including but not limited to curb,
gutter, storm drainage, street lighting and sidewalks), shall be provided to and approved by the
review authority engineef. The developer shall provide professional engineering services for
construction inspection, post-construction certifications and preparation of Mylar record
drawings. The plans and specifications shall be approved and a preconstruction conference shall
be conducted before any construction is initiated on the street improvements.
1. Surfacing. A pavement design report, based upon specific site soil data and design-
year traffic loading conditions, prepared by a professional engineer, or other qualified
professional approved by the review authority eity engineer, shall be submitted to the
review authority engi–ee for approval prior to plan and specification submittal if using
. T—gineef approval
the self-certification process or with the plans and specifications if using the standard
process. Pavement design shall be in accordance with the city design standards and
specifications policy and the city modifications to state public works standard
specifications.
2. Alleys. In subdivisions where alleys are proposed, a 20-foot,-wide right-of-way shall be
provided. The driving surface of the alley shall be 16 feet wide and shall be improved with
gravel.
a. Subdividers may elect to pave subdivision alleys provided that adequate
stormwater facilities are available.
b. Alleys shall be designed and constructed in accordance with the city design
standards and specifications policy and the city modifications to state public works
standard specifications, and subject to approval by the city engineer,
c. Alleys used for backing under seefie 38.25.020.13 shall be designed to provide
the required aisle width.
3. Traffic progression, Traffic progression will be of paramount importance.
Consequently, all potential intersections with signals will be placed on quarter-mile points
unless otherwise approved by the review authority
4. Level of'service standards. All arterial and collector streets and intersections with
arterial and collector streets shall operate at a minimum level of service "C" unless
specifically exempted by this subsection. Level of service (LOS) values shall be determined
by using the methods defined by the most recent edition of the Highway Capacity Manual.
A development shall be approved only if the LOS requirements are met in the design year,
which shall be a minimum of 15 years following the development application review or
construction of mitigation measures if mitigation measures are required to maintain LOS.
Intersections shall have a minimum acceptable LOS of"C" for the intersection as a whole.
a. Exception: If an intersection within the area required to be studied by section
38.41.060.A.12 does not meet LOS "C" and the intersection has been fully constructed
Page 29 of 65
to its maximum lane and turning movement capacity, then an LOS of less than "C" is
acceptable.
b. Exception: The dir-eetor- of pt iblie sefvie review authority may accept an LOS
of less than "C" at a specific intersection if-
(1) A variance to allow a lesser LOS was approved not more than two years
prior to the date an application for development being reviewed is determined to
be adequate for review;
(2) The request was made in writing with the application; and
(3) The circumstances are in the professional judgment of the dir-erater of pubRe
view authority substantially the same as when the variance was
granted.
Section 57
Section 38.24.090.C.2.e of the Bozeman Municipal Code be amended so that such subsections
shall read as follows:
e. All commercial and industrial drive accesses on arterial streets shall have 15-foot
return radii unless otherwise approved by the review authority-difeetef-of-piib�
sefviee. All commercial and industrial drive accesses on other streets may have either
return radii or depressed curbs. The minimum radius allowed is four feet.
Section 58
Section 38.24.090.G&H of the Bozeman Municipal Code be amended so that such subsections
shall read as follows:
G. Access approval required All drive accesses shall be approved by the review authority eity
weer for width and location.
H. Modifications of property access standards,
1. Some of the standards listed in subsections C through E of this section, may be relaxed
by the review authority eity engineer- if it is shown during the development review process
that more efficient design can be accomplished without jeopardizing the public's health,
safety and welfare, the intent of this chapter, or the intent of the city's growth policy.
2. Modifications from access standards shall be approved at the discretion of the review
autligii1yeity
3. Commercial developments (including residential complexes for five or more
households) which may not be able to meet the requirements of subsections C through E of
this section, and are requesting modifications from the standards, shall submit to the city
engineer a report certified by a professional engineer addressing the following site
conditions,both present and future:
a. Traffic volumes;
Page 30 of 65
b. Turning movements;
C. Traffic controls;
d. Site design;
e. Sight distances; and
f. Location and alignment of other access points.
4. Based upon the above data, the review authqKLtye4y-effgJftee-r shall determine whether
a modification from the required standards is justified and, if so, what alternative
requirements will be necessary.
Section 59
Section 3 8.24.11 O.D&E of the Bozeman Municipal Code be amended so that such section shall
read as follows:
D. 'Trail requirements. The class of the trail shall be deterinined by the review authority
r-eefea4en and pffks a&isafy beafd, and the trail shall be designed and constructed according to
any adopted park or recreation plan or other city specifications and standards. Trails and bridges
must meet Americans with Disabilities Act (ADA) specifications for recreational facilities and
maintain a natural appearance. Trail plans and specifications shall be submitted to the planning
and parks departments for review and approval prior to installation,
E. Bikeways and boulevard trails. Wherever new streets are to be developed as a result of a
development proposal, or wherever existing streets or roads are required to be improved, the
developer may be required to incorporate striped bicycle lanes along the shoulder, meeting
current AASHTO standards, into the design and construction or improvement of the streets or
roads. The decision to install a boulevard trail instead of a bike lane shall be based on the most
recently adopted long-range transportation plan. The review authqLijye4ye ,' may
consider exceptions based on the particular characteristics of a transportation corridor and
recommendations from the DRC and the Bozeman Area Bicycle Advisory Board. Boulevard
trails and bike lanes shall be designed and constructed in accordance with the most recently
adopted long-range transportation plan, and any other applicable city specifications and
standards.
Section 60
Section 38.24.120.0 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
C. Transit facilities. If any streets on the interior or exterior of the development are designated
as transit routes, the review authority ei4y eemmissie may require the developer to provide
transit facilities such as transit stop signage, benches, bike racks, lighting and bus shelters.
Section 61
Section 38.25.020, Table 38.25.020 Footnote 2 of the Bozeman Municipal Code be amended so
that such section shall read as follows:
Page 31 of 65
218 feet if measured from a curb on the inside edge of the stall; 20 feet if measured from a
painted line on the inside edge of the stall. SWI letio variations are subjeet to approval by the
e4y e .
Section 62
Section 38.25.020.E of the Bozeman Municipal Code be amended so that such section shall read
as follows:
E. Surfacing. Except for one-household development on individual lots, all areas intended to
be utilized for permanent parking space and driveways shall control dust and drainage. All
proposed parking areas and driveway improvements shall require a grading and drainage plan
approved by the review authoritye4y-eagineer. Areas shall be paved with concrete or asphaltic
concrete or approved pavers; or an alternative surfacing method such as pervious pavement may
be used subject to review and approval by the review authoritypity-eggineer. Surfacing methods
which minimize stormwater runoff and provide for functional parking and circulation are
encouraged.
1. However, paving shall not be required for permitted and conditional uses in the R-S
zoning districts when all of the following circumstances exist:
a. The use is required to provide fewer than 15 parking spaces and no loading
spaces under the provisions of this section;
b. The lot or tract on which the use is Located is not adjacent to a paved street or
road; and
C. The applicant shall enter into an improvements agreement with the city agreeing
that the lot shall be paved within nine months of the time an adjacent roadway is
paved.
Section 63
Section 38.25.020.T of the Bozeman Municipal Code be amended so that such section shall read
as follows:
J. Parking 1®t curbing.
1. All open off-street parking areas and driveways shall have perimeter concrete curb
around the entire parking lot, including driving access ways, except for individual
townhouse units and one- to three-household dwellings. Continuous concrete curbing shall
be built according to standards provided by the review authority ei�y engineer. Unless
otherwise approved, the perimeter curb shall be six-inch by six inch concrete.
2. Concrete pindown wheel stops may be permitted as an alternative to continuous
concrete curbing in front of parking spaces which front on the perimeter of the parking lot..
However, continuous concrete curbing as described above shall be provided in all situations
where deemed necessary by the review authorityei), engineer- to control drainage and soil
erosion.
3. Alternative perimeter treatment may be permitted subject to the approval of the city
Page 32 of 65
engineer.
4. Requirements for perimeter curbing shall not preclude opportunities for shared access
between adjacent parking lots.
Section 64
Section 38.25.040.A.2.a of the Bozeman Municipal Code be amended so that such section shall
read as follows:
a. Minimum requirements. The number of spaces shown in Table 38.25.040-3 shall
be provided subject to the adjustments allowed by this article, Spaces are not required
to be provided free to the user. The required number of disabled parking stalls required
by the Americans with Disabilities Act Accessibility Guidelines (ADAAG) shall be
provided from the minimum number of required parking stalls. Table 38.25.040-6
presents the most common requirement for accessible spaces. Accessible spaces count
towards satisfying minimum parking requirements. All site plans submitted for permit
purposes shall identify parking space allocations. When a use is not included in Table
38.25.040-2, the planning dir-eete review authority shall determine the appropriate
classification for the purpose of required parking.
Section 65
Section 38.25.050.B of the Bozeman Municipal Code be amended so that such section shall read
as follows:
B. Shared parking may be requested if parking can be provided to serve two or more
individual land uses without conflict or encroachment. The planniag dir-,eete review authority
may make a determination for shared parking arrangements based on a traffic survey or traffic
impact study for the site based on the following:
1. At a minimum, a traffic survey or traffic impact study must examine for all potential
uses: trip generation, hours of operation, quantity of required parking spaces, quantity of
spaces that will be filled during peak hour periods, and any unusual events that may occur
during the year that will exceed the average parking requirement. The study must indicate
that adequate parking exists to meet the demand of potential uses served as well as meet
technical requirements as specified by the plamiiig direete review authority.
2. The parties sharing parking spaces shall enter into a long-term joint use agreement
revocable with review authorfty--ei�yeiss approval, running with the term of the
designated uses.
Section 66
Section 38.26.050.1-1 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
H. Protection of landscape areas.
1. Perimeter parking lot treatment as required in seetion 38.25.020.,1 shall be installed to
protect landscape areas adjacent to parking lots.
Page 33 of 65
2.Landscaped areas within parking lots (i.e., landscape islands or peninsulas) must be
protected from vehicular traffic through the use of continuous concrete curbs, or other
permanent barriers approved by the review authqd1yeity-engineer. Railroad ties, rolled
asphalt, pin down wheel stops or similar methods of curbing are not acceptable methods of
landscape protection within parking lots.
Section 67
Section 38.26.050.L.3 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
3. The °eeter review authority may vary the maximum allowable slope of 25
percent grade to protect existing topographical or natural features (i.e., watercourse,
wetlands, mature vegetation) associated with a site. Alternatives to enable exceeding the
maximum allowable slope of 25 percent may include terracing, retaining walls,
architectural appurtenances, landscape features, or a combination thereof that will achieve a
greater design quality and enhanced landscape features.
Section 68
Section 38.26.040.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. The eity or-other-pai4y designated ie eon"et reviews by this ehap review
authority established in article 34 shall review each landscape plan to determine whether or not it
complies with the requirements of this section.
Section 69
Section 38.26.050.E of the Bozeman Municipal Code be amended so that such section shall read
as follows:
1. Except in R-S districts, all street rights-of-way contiguous to or within the proposed
development site not used for street pavement, curbs, gutters, sidewalks or driveways shall
be landscaped, as defined in this chapter, and shall include one large canopy tree for each
50 feet of total street frontage rounded to the nearest whole number. When this requirement
conflicts with other requirements of this chapter or other portion of this Code the platHiing
dir-eefiar review authority may relax this standard to reach an optimal balance in public
interests.
a. Acceptable large canopy shade trees for use in public rights-of-way are those
accepted by the forestry department. Street trees must meet the arboricultural
specifications and standards of chapter 16, article V, division 3. The forestry
department, in cooperation with the city tree advisory board, publishes a pamphlet
listing acceptable species and proper planting methods. Prior to planting street trees, a
permit from the forestry department is required.
Section 70
Section 38.26.060.A.6 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
Page 34 of 65
6. Any use which depends upon off-site parking to meet the requirements of this chapter
shall maintain ownership or provide evidence of a long-term lease agreement, revocable
with review authority eiv
f-een+R+issiee approval, running with the term of the designated
use, for parking utilization of the off-site location.
Section 71
Section 38.26.080 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.26.080. - Deviation from landscaping requirements.
A. To achieve the optimal landscape design on individual sites, or to coordinate the landscape
design in an area, it may be necessary to deviate from the strict application of landscaping
requirements. An application for such deviation shall be processed through the pertinent design
review authority and approved by the review authQjftheity-eemmissien,
B. The application for deviation shall be subject to the submittal and procedural requirements
of this chapter, and shall be accompanied by written and graphic material sufficient to illustrate
the conditions that the modified standards will produce, so as to enable the city commission to
determine that the deviation will produce an environment, landscape quality and character
superior to that produced by the existing standards, and will be consistent with the intent and
purpose of this article. Upon such a finding, the review authoritLeity-een+n4ssien may authorize
within the neighborhood conservation and entryway corridor overlay districts deviations of up to
20 percent from landscape design standards contained herein.
Section 72
Section 38.27.020.A.I. of the Bozeman Municipal Code be amended so that such section shall
read as follows:
a. When the net residential density of development is known at the time of
preliminary plat and net residential density is in excess of eight dwellings per acre, the
requirement for dedication for that density above eight dwellings per acre shall be met
with a cash donation in-lieu of the additional land unless specifically determined
otherwise by the review authority
Section 73
Section 38,27.030.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. The eity eeffu issien review authority may determine whether the park dedication must be a
land dedication, cash donation in-lieu of land dedication or a combination of both. When making
this determination, the eivy aommissi review authority shall consider the following:
I. The desirability and suitability of land for parks and playgrounds based on size,
topography, shape, location or other circumstances; and
2. The expressed preference of the developer.
Page 35 of 65
3.Location of the site within the B-3 zoning district. The city commission has determined
that cash-in-lieu of land dedication is the default method to satisfy the requirements of
seetien 38.27.020.A within the B-3 zoning district. The approval authority of a
development within the B-3 zoning district is as governed by see-tion 8,34.010 and use
Section 74
Section 38.27.040 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
See. 38.27.040. - Park use.
As part of an individual park master plan, the developer shall indicate the proposed use of the
park as active, passive, playground, ballfield, etc. However, the final use of the park shall be
determined by the review authority ek5x c�anffnissien.
Section 75
Section 38.27.050 of the Bozeman Municipal Code be amended so that such section shall read as
follows.
Sec. 38.27.050. -Location.
A. General. The e4y eemmission or planning dir-ee^�, review authority, in consultation with
the developer, recreation and parks advisory board, and the planning board if applicable, may
determine suitable locations for parks and playgrounds. Park land must be located on land
suitable to and supportive of the activities and functions depicted in the relevant parr plan, and
unless the park plan indicates a requirement for another configuration, should be kept in a large
block.
B. Subarea or neighborhood plans. If a subarea or neighborhood plan has been adopted for the
area, the subdivision shall comply with the subarea or neighborhood plan for the location of
parks.
Section 76
Section 38.27.070 of the Bozeman Municipal. Code be amended so that such section shall read as
follows:
A. General. If consistent with athe growth policy or citywide park plan, and if reviewed and
approved by the review authority eity eermnis , linear parks shall be dedicated to the city to
provide corridors for recreation pathways as defined in seetien 38.27.110
1. Pathway corridors within required watercourse setbacks shall not be dedicated to the
city as linear parks and such land may not be used to satisfy park land dedication
requirements. Instead, cash donation in-lieu of land dedication credit shall be granted only
for the cost of constructing Class 11 or III recreational trails if public access is provided. The
developer shall provide a detailed cost estimate for installation of the trail, for review and
acceptance by the city, to determine the cash donation credit.
Page 36 of 65
a. Within required watercourse setbacks, a public access casement that is at least 25
feet in width shall be provided to ensure adequate room for the construction,
maintenance and use of the trail.
Section 77
Section 38.27,100.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. The review authority e4y shall waive the park dedication or cash donation in
lieu of land dedication requirement if land equal to or exceeding the area of the dedication
otherwise required by this article is set aside by one of the following means:
The remainder of Paragraph A and its associated subsections to remain as written at present
unless specifically amended.
Section 78
Section 38.27.100.A.6 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
6. A subdivider may dedicate land to School District 7 to provide some or all of the land
area required by seetion 3,8.27.020. The area dedicated to the school district may be used for
school facilities or buildings, including but not limited to play grounds or other recreational
facility. Any dedication to the school district shall be subject to the approval of the review
authority . . :and acceptance by the board of trustees of School District 7.
,a. In approving a dedication of land to the school district the review authority &Y
eeRifflission-shall make affirmative findings that:
(1) Adequate public park land already exists within the vicinity of the
dedicating subdivision to meet service standards established by the city's parks
master plan;
(2) The land is located within the city limits or within one mile of city limits;
(3) The school district has established a facility plan to demonstrate how the
dedicated property will be utilized;
(4) The school district's facility plan shall describe any coordination intended
for joint use of the property by the school district and the city; and
(5) The option for cash-in-lieu of land described in seefie 38.27.030 shall not
be used in place of a land dedication to the school district.
b. It shall be noted in a certificate on the plat and in any deed to the land that if
School District 7 later chooses to dispose of the property, it shall revert to the city to
be used for park purposes. The land shall be transferred to the city from School
District 7 with clear title and in a condition meeting the minimum development
standards for parks established in seetio 38.27.080.
Page 37 of 65
Section79
Section 38.27.110.B.I of the Bozeman Municipal Code be amended so that such section shall
read as follows:
1. Recreation pathways. The review autho it
y-eky-e&giinis4en may require developers to
install recreation pathways, to provide recreational and physical fitness opportunities within
the development, as part of the required development improvements. Recreation pathways
include the following facilities:
a. Pathways that do not connect major residential, employment, educational or
service nodes;
b. Pathways that connect parks, but do not connect major residential, employment,
educational or service nodes;
C. Pathways that are not ADA accessible due to topography;
d. Pathways located within parks; and
e. Class 11 and III trails.
Section 80
Section 3 8.27.11 O.D of the Bozeman Municipal Code be amended so that such section shall read
as follows:
D. Trail requirements. The class of the trail shall be determined by the review authority
r-eefea4on a-ad parks adviseFy beard, and the trail shall be designed and constructed according to
any adopted park or recreation plan or other city specifications and standards. Trails and bridges
must meet Americans with Disabilities Act (ADA) specifications for recreational facilities and
maintain a natural appearance. Trail plans and specifications shall be submitted to the planning
and parks departments for review and approval prior to installation.
Section 81
Section 38.28.060.A,4 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
4. Special districts and zones. The guidelines for the underlying zoning districts apply
unless otherwise addressed below:
a. Neighborhood conservation overlay district. Within this district, all signage is
subject to issuance of a certificate of appropriateness after review for compliance with
the design guidelines for the neighborhood conservation overlay district. If
appheai4 is nel feqttes�itig sign deviMiens, the sign apphealien will be reviewed by
ADR staff if the applieant is r-eEraesfing devieAiens, �he sign applieation shall
su-bjeet to review by the design review beafd and the eity eem i i
b. Entryway overlay district. Within this district, all signage is subject to issuance of
a certificate of appropriateness after review for compliance with the design objectives
plan for entryway corridors. . the appliean4 is not reqiaeslkig sign deviations, the sig.n.
Page 38 of 65
applieation will be reviewed by ADR staff Signage may exceed the underlying zoning
district limitations by up to 20 percent upon review and approval of a deviation by the
review authority , up" after receiving the recommendation of the
appropriate desire review advisory body design review beafd, and upon receipt of a
certificate of appropriateness.
C. Interchange zone. Signage may exceed the maximum total sign area permitted by
38.28.060 by up to 25 percent upon review and approval of a deviation by the
review authority eity eommis sien, upon the recommendation of the appropriate design
review advisory body, and upon receipt of a certificate of appropriateness. Each lot
shall be permitted one freestanding sign.
(1) Love profile signs. One low profile sign per zoned lot. The maximum area
for a low profile sign shall be 40 square feet. The sign shall be setback a
minimum of five feet with a maximum height of eight feet,
(2) Pole-style signs. A pole-style freestanding sign shall be set back a minimum
of 15 feet and will maintain at least an eight-foot minimum vertical clearance.
Pole-style signs shall not exceed a total area of 40 square feet or 16 feet in height,
provided however, that for every two feet said sign is set back from 15 feet
beyond the street right-of-way, the height measured at grade may be increased
one foot, not to exceed a total of 32 feet, and the area may be increased by 2.5
square feet for every two feet that said sign is set back 15 feet beyond the street
right-of-way up to a maximum of 120 square feet.
d. Main Street historic district, Permits for signs that encroach into the public right-
of-way shall be obtained in accordance with Chapter 34 Article 5 of the municipal
code from the .js e f ity hall.
Jc nee J
Section 82
Section 38.28.070.B of the Bozeman Municipal Code be amended so that such section shall read.
as follows:
B. Defined districts. To qualify as a district an area must have a significant commonality of
purpose, identity and shared functions serving the larger community. Designation as a district is
at the discretion of the city and shall only be granted when found to be consistent with the intent
of this article and the city's other adopted regulations, policies and plans. Approval of district
designation is the duty of the planning dir-eao review authority who shall make written findings
of the decision.
Section 83
Section 38.28.070.E.6 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
6. A performance bond or other surety acceptable to the city may be required for the
maintenance, replacement, updating, and/or removal of signs in an amount acceptable to the
cif
Page 39 of 65
Section 84
Section 38.28,080 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.28.080. - Comprehensive sign plan.
A. A comprehensive sign plan shall be submitted for all commercial, office, industrial and
civic uses consisting of two or more tenant or occupant spaces on a lot or two or more lots
subject to a common development permit or plan. A comprehensive sign plan shall not be
approved unless it is consistent with this article, the underlying zoning regulations applicable to
the property and any discretionary development permit or plan for the property. The plan should
include the size and location of buildings and the size and location of existing and proposed
signs. The purpose of the plan is to coordinate graphics and signs with building design. The
coordination shall be achieved by:
1. Using the same type of cabinet supports or method of mounting for signs of the same
type; using the same type of construction for components, such as sign copy, cabinet and
supports; using other types of integrating techniques, such as common color elements,
determined appropriate by the review authority planning dire to .
2. Using the same form of illumination for all signs, or by using varied forms of
illuminations determined compatible by the review authorijy-ph-fffftiftg-4ireeIer.
Section 85
Section 38.28.170 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
See. 38.28.170. - Historic or culturally significant signs.
Signs which have historical or cultural significance to the city but do not conform to the
provisions of this article, maybe permitted provided that the city commission adopts findings
supporting the historical or cultural significance of the sign and issues a sign pen-nit. Such
findings shall be adopted by resolution of the eity eeminissio
Section 86
Section 38.28.180.8.4 of the Bozeman Municipal Code be amended so that such section shall
read as follows,
4. Action.
a. After an application is deemed adequate, the review authority planning direete
shall act to approve or deny the application within ten working days; or
b. After the application is determined to be adequate for review, if the application
includes a request for a deviation or variance the city shall schedule the application to
be heaT- considered by the review authority at the next available Meeting of the ei
eemmissien..
opportunity which allows for required public notice to be given; or
Page 40 of 65
c. If the sign application is submitted in conjunction with a site plan or other similar
review then the review process and final review authority shall be coordinated.
Section 87
Section 38.28.190 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
See. 38.28.190. -Maintenance of permitted signs.
All signs shall be continuously maintained in a state of security, safety and repair. Abandoned
signs and sign support structures shall be removed. If any sign is found not to be so maintained,
or is in need of repair or has been abandoned, it shall be the duty of the owner and the occupant
of the premises to repair or remove the sign within 14 calendar days after receiving written
notice to do so from the ci dam, If the sign is not so repaired or removed within
such time, the-gi planftiftg-direetar shall cause the sign to be removed at the expense of the
owner of the premises.
Section 88
Section 38.29.040.B.I.a of the Bozeman Municipal Code be amended so that such section shall
read as follows:
a. The provisions of this seefien 38.29.040.E may be waived by 7
the appreval body
'C1
review authority as determined by article 4-9 34 of this chapter where it has been
demonstrated that the waiver will result in superior compliance with the intent and
purposes of this chapter.
Section 89
Section 38.30.040 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.30.040. - Wetlands review board powers and duties.
A. In addition to the duties established by at4iele 33 of this ehapter-, th-e The WRB shall have
the-figlewing-powers and duties established in 2.05.2900.-.
1. Review wetland deknea4iaii beundar-ies and funelien-al. --sse---s-ffients fof wetlands that
nia-y be impaeted by r-egiiWed aetivitiea,�
2. Based eii weflmd funet4ena4 assessfaen4s and ether subffii4a! ma4efials, make
r-eeon*neffda�ieiis te the planning dir-eeter-, beafd E)f adjustiffient (BOA), or- eity eem
to allow or- disallow the fepla4ed aet"4-y-,
3. Reeemffieiid te the planning dir-eeter, bear-d of adjttstmei4, er eity ee
appr-epr-iale wedand buff-er- widths based on the wetland dehneafien, fimetiena4 assessmei4,
and ether-submiaal maleria4s-;
4. Reeemmend le the planning dir-eeter, bear-d of adjustment, ef eity eammissie
additional eenditions on regulated aetivifies that are r-easenably neeessar-y to eafFy 64 the
piar-pese and intent of this aAiele;
Page 41, of 65
5. Provide r-eeeniffiendatiens te appheanis regarding alter-na+ives to design of
develepments that minimize impaets to wetlands and other aquatie ; and
6 Testify as needed befer-e all ,
Section 90
Section 38.30.060.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. No person shall conduct any of the following regulated activities within a regulated wetland
area, as described in s+eetien 38.30.030, without first having the proposed activity reviewed by
the WRB and approved by the review
authorities established in article 34 as appropriate. Any activity in a regulated area which reduces
the size of a wetland or reduces the degree to which a wetland performs any function is subject to
the requirements of this article, including but not limited to:
I. Placement of any material, including without limitation any soil, sand, gravel, mineral,
aggregate, organic material or water,
2. Construction, installation or placement of any obstruction or the erection of a building,
trail, boardwalk or other structure;
3. Removal, excavation or dredging of solid material of any kind, including without
limitation any soil, sand, gravel, mineral, aggregate or organic material;
4. Removal of any existing vegetation or any activity which will cause any loss of
vegetation in a wetland;
5. Alteration of the water level or water table by any means, including without limitation
draining, ditching, trenching, impounding or pumping, and
6. Disturbance of existing surface drainage characteristics, sedimentation patterns, flow
patterns, or flood retention characteristics by any means, including without limitation
grading and alteration of existing topography
Section 91
Section 38.30.070. of the Bozeman Municipal Code be amended so that such section shall read
as follows:
Sec. 38.30.070. - Application requirements and procedures for regulated activities in
regulated wetland areas.
A. Review. All proposals for regulated activities in regulated wetland areas shall be reviewed
by the WRB. The applicant shall prepare a functional assessment for all reviewed regulated
wetland areas. Based on the prepared functional assessment and other submittal materials, the
WRB shall forward a recommendation of approval, conditional approval or denial to the
review authorLty as established in Article 34.
B. Approval. All proposals for regulated activities in regulated wetland areas shall be reviewed
Page 42 of 65
and approved, conditionally approved, or denied by the city in accordance with articles 3, 4, 19
and 20 of this chapter prior to commencement of the regulated activity.
1. If a regulated activity is proposed for a regulated wetland area, but the regulated
activity is not proposed in conjunction with a land development proposal, the applicant
shall submit a sketch plan application for review and recommendation by the WRB, and
review and approval by the review authority as established in Article 34-planniftg-difeeter-.
C. Submittal materials. The information required in see4ien 38.41.130 shall be submitted for
all regulated activities proposed for regulated wetland areas.
D. Noticing. The review of regulated activities proposed for regulated wetland areas shall
comply with the noticing requirements of article 40 of this chapter.
Section 92
Section 38.31.060 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
See. 38.31.060. - Floodplain administrator.
The city floodplain administrator is has been designated in 38,34.010te be the city eagiffee . The
responsibilities of this position are outlined in seetie 38.31.130.
Section 93
Section 38.31.090.B,4.2(2) of the Bozeman Municipal Code be amended so that such section
shall read as follows:
(2) Photogrammetric methods may be used in lieu of cross sections whenever
appropriate and when reviewed and approved by the floodplain administrator 64
Section 94
Section 38.31.090.0 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
C. Waiver of requirement The eity engineer- floodplain administrator may waive this
requirement where the subdivider contacts the water resources division, state department of
natural resources and conservation, and that agency states in writing that the data indicate that
the proposed subdivision is not in the flood hazard area as defined in this article.
Section 95
Section 38,31.090.0 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. As provided in seefie n 38.34.010 38.31.060, the city floodplain administrator has been
designated by the city commission, and has the responsibility of such position as outlined in this
article
Page 43 of 65
Section 96
Section 38.32.020 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.32.020. .. Changes to or expansions of nonconforming uses.
A. Lawful nonconforming nonresidential use.
1. A lawful nonconforming nonresidential use shall not be changed except in
conformance with the use requirements of the zone in which it is located. Except, however,
a lawful nonconforming nonresidential use may be changed to another nonconforming use,
provided that the proposed use is not of greater intensity than the original use, as
determined by the criteria in section 38.32.020.A.2, and that a conditional use permit is
obtained from the review authority eib, eefmmissie . A lawful nonconforming
nonresidential use may be expanded only through the granting of a conditional use permit
by the review authority eity eeffiffiissien. In considering the appropriateness of the
conditional use pen-nit application, the review authority eity eommission shall weigh the
criteria set forth in subsection B of this section. In addition, the review authority
eommirr shall consider whether the expansion is reasonable, natural and incidental to
the growth and use of an existing business. In general, proposals to expand nonconforming
uses shall not be approved if the expansion would encompass new land or property which
was not in use at the time of the enactment of zoning or a change in zoning.
2. To approve a conditional use permit to change or expand a nonconforming
nonresidential use, the review authority eky eaffiffiis shall determine that the proposed
nonconforming use is more appropriate to the district than the existing nonconforming use,
and that no unsafe or unhealthy conditions are perpetuated. In making such a determination,
the review authority eonmnissie shall weigh the following criteria in addition to the criteria
applicable to all conditional use permits:
a. Traffic impacts, both on-site and offsite;
b. Off-street parking and loading requirements;
C. The visual impact on the surrounding area;
d. The degree of compliance with the adopted growth policy and this chapter;
e. The level of conflict with other uses in the surrounding area;
f. The presence of other nonconformities in the surrounding area;
g. The degree to which any existing unsafe or hazardous conditions would be
mitigated;
h. The viability of the subject structure; and
i. On-site and off-site impacts from noise, dust, smoke, surface or groundwater
contamination, or other environmental impacts.
Page 44 of 65
B. Lawful nonconforming residential use.
1. A lawful nonconforming residential use may be reduced in terms of the number of
dwelling units, in an effort to achieve greater conformance with the underlying zoning
designation, through the review process required by articles 16, 17, and 19 of this chapter,
without the need to obtain a conditional use permit from the review authority e4y
. . A lawful nonconforming residential use shall not be permitted to increase the
number of dwelling units,
2. The maintenance and reconstruction of existing nonconforming residential dwelling
units is allowed, in compliance with applicable fire and building codes, including expansion
of up to 20 percent of the existing total residential area, without the need of a conditional
use permit fTem the e eemiRissi , as long as the number of dwelling units on the lot is
not increased. In instances where new construction is allowed, all appropriate approvals
such as a certificate of appropriateness or building permit shall be obtained prior to the
initiation of construction.
Section 97
Section 38.32.030 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
A. At the time of the enactment of the ordinance from which this chapter is derived if any
owner of a plot of land consisting of one or more adjacent lots, as defined in article 42 of this
chapter, in a subdivision of record does not own sufficient land within the lot of record to enable
the owner to conform to the minimum lot size requirements, or does not have sufficient lot width
to conform to the minimum lot width requirements, such plot of land may nevertheless be used
as a building site. The lot dimension requirements of the district in which the piece of land is
located may be reduced by the smallest amount that will permit a structure of acceptable size to
be built upon the lot, with such reduction to be determined by the review authorily designated in
38.34.010&y eeffiffiis . Existing buildings on nonconforming lots may be expanded without
deviations or variances so long as the expansion does not increase or create one or more
nonconformities.
1. In the R-S, R-1 and R-2 districts, the reduction shall permit only a single-household
residence.
2. In the R-3, R-4 and R-0 districts, the reduction shall pen-nit only a duplex.
Section 98
Section 38.33.010 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
A. Purpose. The development review committee (DRC),, design review board (DRB),
administrative design review staff (ADR) and wetlands review board (WRB)—afe have been
established to coordinate, expedite and ensure fair and equitable implementation of this chapter.
The objective, to be implemented through their procedures and deliberations, shall be to
encourage development quality that will enhance both the natural and built environments, with
consideration to present and future property values, and to carry out the purposes of this chapter.
Page 4 5 of 65
All bodies authorized or referenced under this article may call upon any city staff or other
persons with technical expertise, and may testify before any board, commission or other body
upon the subjects for which they have responsibility.
1. DRC The DRC is established to evaluate all proposals subject to the provisions of this
chapter. The DRC is the body charged with reviewing items relating to public health and
safety. The DRC shall act as an advisory body to the review authority established by
38.34.010 for site plans, conditional use permits, planned unit developments, divisions of
land, zone may amendments, annexations and other actions as requested by review
authgIfty.
a. The D-R-C-- sz-h-al-I A-et as an adviseFy bad�, te the plafHiing direeler- fer- site plans
when iie �,,arianee or- deviation is reqiiested; and
b. The DRC shall aet as an advisefy body to the eity or boafd of
adjtistmefA faf lafger- atid faar-e eeffipley, proposals ineluding eendifienal Use peFMi4S-,
planned unit develepmefAs, all site plans invelvi 9 er deviations, divisions
ef land, zeiie map amendmerAs, annei A-fi-A4.4s and as r-eqiiested by staff e
the eity eemffiissien.
2, DRB. The DRB has the duties and responsibilities established by 2.05.3000, B,MC.
Tlflie D-R—B is established to eva4uate aesthetie eensider-ations of largef and more eeffiplex
pfopesals Whieh ar�e likely to pr-eduee sigiiifiea-FA eeffiffi:unity impaet and te
p
r-eee ffieiidafiens eh proposals to the planning dir-eeter er- eity eeffHnissielfk'
subjeet to th
a. The DRB shall aet as an advisefy bedy te the plaffiiing direeter- faf site plans
m4hin ever-lay distr-iets ineeting ene or- mer-e of the *,:feshelds of seetieft 38.19.040.C-
"en iie vafiaftee ef deviation is r-equested; and
b. The DR shall aet as an advisory body to the e4y eemmissien or- beafd ef
aojiisfanen4 r-egar-ding-.
(1) Site platis within ever-lay distriets meeting one or more ef the t4eshelds ef
seetien 3 8.19.04 O.0 whe.. or deviations are requestet A
I,
(2) Genditienal use permits leeated vMhin ever4ay distr-iets, btit exeluding
eenditional use permits for the purpose of aeeessefy dwelling iinks and
eanditional use peffaits w-hiek do net efeate addifieiial biaildifig area;
(3) Planned unit develepmefftsi
(4) Appeals ffem ADR deeisions; and
(5) Review ef applieations fer-large seale retail-,
e. The DRB may develep, and after-adeptioi�i by the eity eeffffnission, apply specifie
geideli-nes related to siieh eetteems as afehileetufal appeafanee, landseape design a
signage fer-the eenstpaetion aii&ef alter-alien of struetures, sites ar- afeas;
Page 46 of 65
3. ADR. The ADR staff is established as the review body for aesthetic considerations of
smaller and less complex proposals which are less likely to produce significant community
impact and to provide recommendations regarding such proposals to the- it
andeityeenifnissie review authority established by 38 34.010, subject to the provisions of
this chapter.
a. The ADR staff shall aet as the approval authefity for sketeh pians within ever-la-y
dislAets when tie var-ianee or deviation is requested-,
b. The ADR staff shall aet as an advisefy body to the planning dir-eetef fer site pbafi-5
38.19.040.G ;
a.ea The ADR staff shall act as an advisory body to the planning review
authority regarding reuse/further development permits within overlay districts; and
b. � The ADR staff shall act as an advisory body to the
ad�stfne t review authority regarding all sketch plans and site plans not meeting one
or more of the thresholds seetie n 38.19.040.B w th11 ever-lay dAJt 1V LJ when YETI IiII1eT.-s
deviations are t d for conditional use permits for accessory dwelling units,
conditional use permits where no additional building area will be created, and
nonPUD divisions of land;
c. e. The ADR may develop, and after adoption by the city commission, apply specific
guidelines related to such concerns as architectural appearance, landscape design and
signage for the construction and/or alteration of structures, sites or areas; and
d. fl. The ADR may review applicable development proposal applications for zoning
amendments, or applications for moving, demolition or any other kind of permit that
may affect properties located within entryway corridors.
4. WRB. The NNIRB is established
adjustment,fune4ienal assessments ef regulated wedands that may be iffipaeted by proposed fegulated
a. The WRB shall aet as an advisory body te the planning dir-eeter- fer sketeh plans-
and site plans when no i- leviatioa is fequested.
, er- beard-4
eenditional
Page 47 of 65
land, zone map amendfnefAs, and ether actions as
r-equested by staff of the eefffinissien. The W RB has the duties and responsibilities
established b 2.05.2900 BMC.
5. BOA.
7 deviations, site plans
,.,,Y,,vafA ripen+s efthis ,.haple,-. The BOA has the duties and responsibilities established by
2.05.2810, BMC.
B. Development review committee procedures established. To implement this purpose, certain
procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or
biweekly meeting attended by representatives of each of the city departments charged with
development review. Each department shall have the ability and authority to require the DRC to
make a recommendation of denial when in their view the project can not meet the requirements
and review criteria of this chapter and acceptable conditions do not exist to cure the identified
failings of the project. Written meeting reviews, in the form of staff reports or summary reviews
prepared by the planning department, shall be made setting forth the DRC's recommendation to
the . review authorities established in
article 34 and reasons for requiring such conditions as may be deemed necessary by the DRC.
These records shall be preserved as part of the official file for each development proposal.
Lastly, the DRC shall generally follow "Robert's Rules of Order" and may prepare and adopt
supplemental procedural rules that will ensure the accomplishment of the stated purpose and
promote the efficiency and effectiveness of the developmental review process.
1. The DRC shall at a minimum be composed of the following personnel.. city engineer,
fire marshal, the streets superintendent, the sanitation superintendent, the water/sewer
superintendent, the planning director and the building official. When necessary, other
members of the committee may include: the director of public safety, the superintendent of
facilities and public lands, the superintendent of recreation, the city manager, with other
individuals to be included as necessary at the planning director's request.
2. When applicable, the DRC may solicit the input of noncity agencies and persons
including, but not limited to, the county subdivision review officer, the county sanitarian,
the county road superintendent, and state or federal agencies, with other individuals to be
included as necessary.
C. Design review board procedures established. To implemenAtWs pur-pese, eer�in
pr-eeedur-es shall be adeipted to a_but not be limi4ed to,
deeisions and findings shall be made. These r-eeer-ds shall be pr-esen,ed as PaA of the offieial
py-eeeedings far- eaeh developmental prepasal. Last4y, �he DRB shall generally follow "Robeftir,
, upon the appr-eval -
eff4eieney and eff-eetiveiiess of the design review pr-eeess.
Page 48 of 65
laiidseape designer-. At least ene of the pr-efessiena4 meff�befs shall have demenstfated
expeftise in iffban A—-
,
, . No member- of the DRB shall serve
DRB shall be fi�)� voting fnember-s efid one of-the memb'�Q_ eenonstituting the quorum ffiest
, the ADR
works,2. in seleeting the ffieiiiber-s, the &y eenmnissien shall give pr-efer-enee to Fesidents of the
city. However, Whefe a qualified prefessional fesident is net available to sefve, the-&Y
The DRB will be convened as necessary
and shall follow procedures as set forth in 2.05.3020 BMC.
D. Administrative design review staff procedures established. To implement the purposes of
this chapter, procedures shall be adopted for the administrative evaluation of a proposal without
public notice or continent, unless a deviation from the underlying zoning is requested. After a
proposal has been evaluated by the ADR staff, they shall issue a written decision that shall
include findings and may include a notice of required corrections. The ADR staff may call a
conference with the applicant to determine design alternatives, or the applicant may call a
conference with the ADR staff for the same purpose. Any such conference shall be conducted
prior to the issuance of a building permit for the proposal.
1. ADR staff shall consist of two planning department staff members. One member shall
be degreed or otherwise licensed or certified by such member"s respective professional
authorities in an environmental design discipline such as architecture, landscape
architecture or urban design. The second member shall be the planning director who may or
may not be degreed in architecture. In the event that necessary ADR staff is not available,
the DRB may act to provide design review services.
E. Waiver of design review. In the event that neither the DRB nor the ADR staff as esta-blish a
iii this art are able to complete a quorum or have the necessary personnel to conduct the
reviews otherwise required by this chapter, the requirement for review by DRB or ADR is
waived. Nothing in this section shall constitute a waiver of the required review criteria
established in articles 16, 17, 20, and 30 of this chapter.
F.
shall be adopted te inehide, but net be lifnked , sehediAing mec4iiigs as needed to
Page 49 of 65
-findings shall be made. These feeer-ds shall be preser-yed as part ef the effleial pfeeeedings Rw
Lastly,..the WRB shall generally follow "Rebeft's Rules of If
have expefienee in at leas! ene of the following wetland an&er- stfeam speeializatieiis-
, 7 and/or hydfekT�-
,the eily eafafflissieft may
FA a member- whe pr-aefiees pr-efessienally, owns property or- oyffis a business within
The WRB will be convened as necessM and shall follow procedures as set forth in
2.05.2920, BMC.
Section 99
Section 38.34.020 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
See. 38.34.020. -Administration and enforcement; planning director authority.
A. The planning director shall administer and enforce this chapter unless a specific standard is
clearly assigned in 38.34.010 to another authority. The planning director may be provided with
the assistance of such other persons as the planning director may supervise and those assistants
shall have essentially the same responsibilities as directed by the planning director.
B. The planning director may in the administration of this chapter consult with other persons
having expertise in relevant subject areas as in the planning director's opinion is necessary for the
review of the proposed development or administration of the chapter. When an authority other
than the planning director is assigned responsibiliq fora particular standard that authorily shall
coordinate with the planning director in administration of that standard.
C. if the planning director or other administrator of standards shall find that any of the
provisions of this chapter are being violated, the planning ,a'ifee er-they shall notify in writing the
person responsible for such violations, indicating the nature of the violation and ordering the
action necessary to correct it. The direeier Such administrator may order
discontinuance of illegal use of land, illegal additions, alterations or structural changes; pLa
order discontinuance of any illegal work being done; or may shau take any other action
authorized by this chapter to ensure compliance with or prevent violation of its provisions.
Section 100
Section 38.34.060.B.2 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
2. The planning department shall investigate the claim, the accompanying information
and proof, and make a report to the final approval authority (eit . eeRHnissieii or t1l
Page 50 of 65
planning dir-eeter-) within 30 working days after receipt of the information. If the final
approval authority is the city commission, the ��Lty commission shall consider the
information and proof, and shall make a determination regarding the claim at a regular
meeting. Notice of the meeting or presentation of the report shall be given to the claimant
and the applicant.
Section 101
Section 38.34.160.A of the Bozeman Municipal Code be amended so that such section shall read
as follows:
A. Violation of the provisions of this chapter or failure to comply with any of its requirements
including violations of conditions and safeguards established in connection with the grant of
variances or conditional uses or any of the required conditions imposed by the i3lap"ning difeete
afid/er- e4y eammissi review authority shall constitute a misdemeanor. Any person who
violates this chapter or fails to comply with any of its requirements shall upon conviction thereof
be fined or imprisoned or both, either as set forth in state law regarding subdivision and zoning,
or in accordance with seetion 1.01.210, and in addition shall pay all costs and expenses involved
in the case except as stated in subsection D of this section.
1. Each day such violation continues shall be considered a separate offense and
punishable as such.
2. For violations relating to plats each sale, lease or transfer of each separate parcel of
land in violation of any provision of these regulations or the Montana Subdivision and
Platting Act shall be deemed a separate and distinct offense.
Section 102
Section 3 8.3 5.03O of the Bozeman Municipal Code be amended so that such section shall read as
follows:
See. 38.35.030. -Administrative project decision appeals.
A.
I An aggrieved person may appeal the final decision of the planning &-eete
administrative review authority in the manner provided in this section. Any appeal of a final
administrative decision to approve, approve with conditions or deny an application shall be
an appeal on the basis of the information available to the plaiining dir-eete administrative
review authority including this chapter, all submitted application materials, review and
recommendations by administrative staff or advisory bodies, public comment and such
other materials as were available. Denial of requests for waiver or alteration of applicable
regulations is not a decision subject to appeal of an administrative decision. This section
shall also apply to decisions by the plaanipg direeter administrative review authority
regarding evasion of the Subdivision and Platting Act per seaien 3 8.05.070.
2. Failure to raise an issue during the provided public comment opportunily, in person or in
writing, or the failure to provide statements or evidence sufficient to afford the
administrative review authority. an opportunily to res pond to an issue, precludes an appeal
based on that issue unless the issue could not have been reasonably known by any pp�qy
Page 51 of 65
during the time of the public comment opportunity.
B. Appliea4ien-e"ppeal procedures. Appeals from administrative review authority staff to the
appellate review authgd1y ien or the courts are set forth in the various sections of
this article e1-a-1er. Appeals are permitted under the provisions of this section in the
manner set forth herein.
1. These appeal procedures shall apply to a decisions i:eug14 ferth by 144 w'�ri- �„�
dir-eete by an administrative review authorfty in their actions to administer this cha ter.
2. Appeals shall be from the plan in dire.,e administrative review authority to the eity
eenifnissie appellate review authori ty according to seetie n 38.35.010.
the original approval.
C. Filing of appeal. An appeal shall be taken by filing with the city by
5:00 pm. on the tenth working day following the final decision of the ,,,7°,.,,,ing direete
administrative review authority a documented appeal and appeal fee. Upon receipt of the
completed appeal the ci1y clerk shall inform the administrative review authorit y from whom the
appeal is being made of the submission of the appeal.
D. Appeal contents. In all cases, the complete appeal application shall include, and shall not be
deemed filed until, all of the materials required by seem 38.41.140 is are submitted.
E. Notice of appeal. Once a complete appeal has been filed and a-ieari*g date for
consideration of the appeal is set per subsection F below, notice of the appeal shall be provided
in the same fashion manner as was required for notice of the initial application. The date, time
and location for the r,4'ie hewing �r consideration of the appeal before the eit-y eenffnis
appellate,review authorily shall be included in the required notice of the appeal.
days ...'the age...-fin i.4a..Y. 4. set the hearing date.. _
F. Scheduling. Upon receipt of a complete appeal !qpplication the city clerk shall place the
appeal on the regularly .scheduled ?!pj2cllate review authori1y agenda. The appeal shall be
scheduled for consideration not later than 45 working days of the recei t of a complete appeal.
G. Material. The material to be considered by the e4y eef&mis review authority shall be
the record of the project review, including the planning d:..,,,4er-'s administrative review
authority's decision, in addition to materials that may be submitted during the processing and-
review of the appeal.
1. No less than 14 ealendaf days pr-ier- to the appeal hear4ftg befer-e the eit-y ee
2. Atty faatefials siAmk4ed by the appellant shall be provided to the eity eenffnissien no
Page 52 of 65
less than 14 calendar-days' __ I--- appeal heaTing befefe the eit-y eenAni
H. Procedure of the appeal ham. At the hearing eii consideration of the appeal, the
following procedure shall be followed:
1. Only arguments and evidence relevant to the application shall be presented. The
presentation shall be made in the following order, subject to such limitations, in time and
scope as may be imposed at the discretion of the presiding officer:
a. Explanation of the application and nature of the appeal and presentation by
plan-ning depaftffie administrative staff,
b. Presentation of position by the appliean appellant and/or representative,
C. If requested, presentation by landowner if landowner is different than the
appellant;
cad. Presentation by any person who is a proponent or an opponent of the application,
and
de. Motion, discussion and vote by the eity eemmis eview authority.
2. No person making a presentation shall be subject to cross-examination except that
members of the eity eammissien appellate review authority and the city attorney may
inquire of such person for the purpose of eliciting information and for the purpose of
clarifying information presented.
1. ,Alternative actions available to the appellate body. At the conclusion of the consideration of
the appeal-hearing, the eity eemmissienrreview authority shad mgy a hold amend or overturn
the administrative project decision. with
J. Construction hold. Durina the time of the appeal all construction shall cease and shall not
commence unless notified in writin g to do so by the by the appellate review authori
Section 103
Section 38.35.040 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
See. 38.35,040, - Administrative interpretation appeals.
A. A request for appeal of an interpretation of this chapter, including classifications of use per
article 7 of this chapter, shall be made by filing an application, with appropriate fees, with the
ci clerk of h o.n within 20 working days of the interpretation decision. After
receiving a completed application the ci clerk of the eo-° missia shall schedule Ong
consideration of the appeal at a regularly scheduled meeting of the review authority.
In all cases, the complete application shall include, and shall not be deemed filed until, all of the
materials required by seefiert 38.41.150 are submitted.
Page 53 of 65
B. The appellate review authority . . shall cause to be made such investigation of
facts bearing on the application as will provide necessary information to ensure that the action on
each such application is consistent with the intent and purpose of this chapter. During the time of
the appeal all construction shall cease and shall not commence unless a i1 approve d notified in
writing to do so by the by the appellate review authority Leioc `neffi
C. When interpreting the meaning of this chapter, subsections of the chapter shall be construed
in a manner that will give effect to them all as the chapter derives its meaning from the entire
body of text taken together.
D. The eaiieuffing vote of feiif meffibefs of the eefiffnission shall be neeessary to r-&�,er-se any
efder-, re"irements, deeisions er- determination of ", adiiiinistfa�ive effi- eial, of le decide
favor- of the applie—ant.
Section 104
Section 38.35.050 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec.38.35.050. - Deviations.
All requests for deviations in the neighborhood conservation overlay district, entryway overlay
districts or through the PUD process shall be heard by the BOA review authority established in
38.34.010. Deviations may only be applied for in conjunction with submittal of a development
proposal of a type authorized by articles 19 and 20 of this chapter. Standards and criteria for
award of deviations are contained in articles 16, 17 and 20 of this chapter. The eeneiii-fing vote
ef feur member-s of the BOA shall be neeessary to gfaR4 fequested deviatiens to this ehapter. The
granting of a deviation is an exercise of administrative power that can effect no change in the
chapter. A deviation may be granted only in a specific instance permitting a nonconformity in
order to accomplish the specific objectives of seetions 38,16.070, 38.17.080, and 38.20.030.D.,
and provided the standards and criteria imposed are met. Deviations shall not be granted for
relief from procedural requirements, or to waive or vary the application of an ordinance
provision imposing specific safety requirements, or to waive or vary the application of other
ordinances or statutes.
Section 105
Section 38.35.070 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.35.070. - Subdivision variances.
A. Procedure. The subdivider shall provide during the preapplication process, and include with
the submission of the preliminary plat, a written statement describing the requested variance and
the facts of hardship upon which the request is based. The plaffl:fiiig be relevant advisory
bodies shall include their findings and conclusion regarding the requested variance in its
recommendation te the eity The city shall then consider each variance
at the public hearing on the preliminary plat. A public hearing may not be held on a variance in
association with a first minor subdivision.
B. Review criteria Per MCA 76-3-506, a variance to this chapter must be based on specific
Page 54 of 65
variance criteria, and may not have the effect of nullifying the intent and purpose of this chapter.
The city . . shall not approve subdivision variances unless it makes findings based
upon the evidence presented in each specific case that:
1. The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;
2. Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, an undue hardship to the owner would result if strict
interpretation of this chapter is enforced;
3. The variance will not cause a substantial increase in public costs; and
4. The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this chapter or with the city's growth policy.
C. Variances from floochiwy provisions not authorized The review authority eily eenimil
may not, by subdivision variance, permit subdivision for building purposes in areas located
within the floodway of a flood of 100-year frequency as defined in title 76, chapter 5, Montana
Code Annotated (MCA 76-5-101 et seq.). Any variances related to floodways shall meet the
standards ofseetien 38.35.060.C.4.a.
D. Conditions. In granting subdivision variances, the review authority e4y eanffnissien may
require such conditions as will, in its judgment, secure the objectives of this chapter. Any
approval under this section shall be subject to the terms of the conditions designated in
connection therein. Any conditions required shall be related both in purpose and scope with the
relief sought through the variance.
E. Statement of facts. When any variance from this chapter is granted, the motion of approval
shall contain a statement describing the variance and conditions upon which the issuance of the
variance is based.
F. Planned unit development. Where the standards and requirements of this chapter are
proposed to be modified through a planned unit development, the applicable process shall be a
deviation rather than a variance.
G. Limitations on approvals. For subdivision variances, the variance approval shall be null
and void if the final plat is not filed within the time allowed for final approval by the city's
n decision.
Section 106
Section 38.39.020.A.2 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
2. Protection of existing improvements. The developer, and the developer's contractors and
suppliers shall be jointly and severally responsible to ensure that existing improvements are not
damaged or rendered less useful by the operation of the developer, and the developer's
contractors or suppliers. Such protection of improvements may include requirements for cleaning
of vehicles leaving a construction site. This provision is intended to preclude damage to existing
Page 55 of 65
roads, streets, water, sewer and drainage systems. The city engkiee may instruct the developer
as to the streets or roads to be used for access by construction equipment, and the developer shall
be responsible for enforcement of this instruction upon the developer's contractors and their
suppliers. The city may require the developer to post a surety to guarantee repair of damages.
Section 107
Section 38.39.030.B.I.b of the Bozeman Municipal Code be amended so that such section shall
read as follows:
b. The subdivider shall meet one of the following requirements for completion of
street improvements. The option shall be specified in the preliminary plat submittal.
Should the applicant not identify which option is desired, the option presented in
subsection B.I.b.(I) of this section shall be required. Altering the choice of option
after approval of the development shall constitute a material modification to the
project and require re-review of the project for modification to the approval subject to
the provisions of see4ie 38.01.070
(1) The subdivision streets improvements shall be installed prior to final plat
approval. This requirement may be modified by the review authority
for streets where dictated by circumstances, and where acceptable
improvement security for the ultimate development of the streets is provided.
However, under no circumstances shall the required gravel courses, curbs or
gutters be waived. This requirement shall generally not be modified for
nonresidential developments; or
(2) The subdivider shall enter into an improvements agreement guaranteeing
the completion of the paying, curb, gutter, storm drainage, street lighting or other
street infrastructure improvements not yet completed. The improvements
agreement shall be financially guaranteed, as explained in this article. However,
at a minimum, the plans and specifications for the street improvements must be
approved by the review authority e4y enginee prior to final plat approval.
Building permits will not be issued until the street improvements are completed
and accepted by the city unless otherwise provided for in development proposals
occurring under the provisions of article 20 of this chapter, planned unit
development (PUD), and pursuant to the criteria established in subsection D of
this section; or
(3) The subdivider may request that street improvements be guaranteed by the
creation of a special improvements district (SID). If a SID is formed for the
improvements, the SID bonds must be sold before the final plat can be filed.
SIDS shall not be permitted for the installation of subdivision water and sewer
improvements. Building permits will not be issued until the street improvements
are completed and accepted by the city unless otherwise provided for in
development proposals occurring under the provisions of article 20 of this
chapter, Planned Unit Development (PUD), and pursuant to the criteria
established in subsection D of this section.
Page 56 of 65
Section 108
Section 38.39.030.0 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
C. Completion time for site development. Whenever any building lots and/or building sites are
created inside the city limits, and prior to the issuance of any building permits on such lots or
sites, municipal water distribution systems, and municipal sanitary sewer collection systems, and
streets shall be provided to the site. Each building site must utilize and be connected to both the
municipal water distribution and municipal sanitary sewer collection systems. Subject to the
provisions of subsection CA of this section, these improvements shall be designed, constructed
and installed according to the standards and criteria as adopted by the city and approved by4aelh
the review authority eky a;__er- and w-4ef and sewer- prior to the issuance of
VTrT_VTrETrr1W
any building permits.
1. Provision of municipal central water distribution, municipal sanitary sewer collection
systems, and streets means that the criteria in either subsection a or subsections b and c are
met:
a. Water, sewer and street services are installed and accepted by the city with
service stubs being extended into the site, with such stubs being of adequate size to
provide water and sewer service to the proposed development without modification to
publicly owned infrastructure; or
b. The water mains, sewer mains and streets to be extended to provide service to the
development are. located within a publicly dedicated right-of-way or casement;
constructed to city standards; are physically adjacent to the site proposed for
construction; are installed and accepted by the city; and are adequate in capacity to
provide necessary service to the proposed development; and comply with the
requirements of this subsection C.Lb and subsection C.l.e of this section;
C. Water mains, sewer mains and streets shall meet the following requirements:
(1) Any required on-site extensions of water mains, sewer mains or streets to be
dedicated to the public shall be located entirely within publicly held casements or
rights-of-way; shall serve only a single lot; are the subject of an irrevocable offer
of dedication to the city upon completion of the project; the development is under
the control of a single developer who shall retain control of the entire project
until final completion; all work is under the supervision of a single general
contractor; and no subdivision of land is involved;
(2) The DRC shall determine when the standards of this subsection C.1 are met.
The fire department must consider whether adequate fire protection services are
available from existing hydrants, and water supply exists to meet needs during
construction. If adequate fire protection does not exist then concurrent
infrastructure and building construction may only occur under the provisions of
subsection C.I.c.(3) of this section. Based on evaluation by the fire department,
simultaneous construction of infrastructure to be dedicated to the public and
private construction may be permitted only within a defined portion of the site;
Page 57 of 65
(3) Approval of the final engineering design, including location and grade, for
the infrastructure project must be obtained from the engineering department, and
the state department of environmental quality when applicable, prior to issuance
of any building permit for the development; and
(4) No occupancy, either temporary or final, may be issued until all on-site and
offsite water, sewer and street or drive improvements are installed and accepted
or approved as applicable by the city.
Section 109
Section 38.39.030.D.13 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
13. Subsequent to preliminary plat—pL-plan approval, a concurrent construction plan,
addressing all requirements of this section, shall be submitted for review and approval of
the planning dir-eete review authority with a recommendation from the development review
committee.
Section 110
Section 38.39.060.B of the Bozeman Municipal Code be amended so that such section shall read
as follows:
B. If an improvements agreement is used to guarantee the completion of required
improvements, including infrastructure, it may allow for the staged installation of improvements
in defined areas and in accordance with an approved time schedule. At the city's discretion, the
improvements in a prior increment may be required to be completed or the payment or guarantee
of payment for costs of the improvements incurred in a prior increment must be satisfied before
development of future increments.
1. If an improvements agreement is filed with the final subdivision plat to secure
infrastructure improvements, a separate document shall be filed with the final plat that clearly
states that building permits will not be issued until all water, sewer, storm drainage infrastructure
and streets are installed and accepted. This requirement may be modified by the city engifteer- for
streets where dictated by circumstances, and where acceptable improvement security for the
ultimate development of the streets is provided. However, under no circumstances shall-be the
required gravel courses, curbs or gutters be waived. This requirement shall generally not be
modified for nonresidential developments. No building permits will be issued for a subdivision
within the city until all required water, sewer, storm drainage, required street lighting, and street
gravel courses are installed and accepted unless otherwise provided for in development proposals
occurring under the provisions of article 20 of this chapter, Planned Unit Development (PUD),
and pursuant to the criteria established in see4ien 38.39.030.D
Section 111
Section 38.39.060.C.2 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
2. Subdivisions. Improvements agreements for subdivisions shall meet the following
standards in addition to those listed in subsection C.I of this section-,
Page 58 of 65
a. The length of time of the agreement shall not exceed one year from the date of
final plat approval. The agreement shall stipulate the time schedule the subdivider
proposes for accomplishing the required improvements;
b. The estimated cost of improvements shall be provided by the subdivider's
professional engineer. The city engineer has the discretion to require a second estimate
of the cost of improvements, with the cost of obtaining the second estimate borne by
the subdivider. The agreement shall stipulate which type of security arrangements will
be used;
C. Security for improvements for internal subdivision streets, water, storm drainage
and sewer mains, or other internal or external improvements shall be reduced only
upon recommendation of the city department with responsibility for the type of
infrastructure which has been guaranteed ek),engineer;
d. Seeufity for- iffiprevemeR4s ather- than ii4emal s4divisien streets, -4-
drainage and sewer- ffiains, shall be r-edueed enly apen r-eeernmendation elf I—e e.IY
engineer-a-Rd appr-oval by the eity ee i i , pen fequest by the subdivRlef-,
d.-L- The improvements agreement shall be filed with the final plat; and
c. fl. The security provided shall be a financial security valid for 18 months.
Section 112
Section 38.41.060.A.16.a(9) of the Bozeman Municipal Code be amended so that such section
shall read as follows:
(9) The requirement for approval of the final park plan by the review authority -4---T-
Y
eenffnissien with a recommendation from the city recreation and parks advisory board prior
to any site work;
Section 113
Section 38.41.070.A.4 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
Sec. 38.41.070. - Final plat.
A. A final subdivision plat may not be approved by the city eoffifnissie unless all certificates,
with the exception of the director of public service and the county clerk and recorder, have been
complied with, signed and notarized and all subdivision regulations and conditions of
preliminary plat approval have been met. A final subdivision plat may not be filed with the
county clerk and recorder unless all certificates, with the exception of the county clerk and
recorder, have been complied with, signed and notarized. This shall include the certification by
the county treasurer that no real property taxes and special assessments assessed and levied on
the land to be subdivided are delinquent.
1. A final subdivision plat may not be approved by the city commission or filed by the
county clerk and recorder unless it complies with the uniform standards for final
subdivision plats as established in the Administrative Rule of Montana.
Page 59 of 65
2. A letter from the city engineer shall be submitted to the planning department with the
final plat application, where applicable, certifying that the following documents have been
received:
a. As-built drawings, i.e., copies of final plans, profiles, grades and specifications
for public improvements, including a complete grading and drainage plan.
b. Copy of the state highway access or encroachment permit where a street created
by the plat will intersect with a state highway.
3. Noxious weed MOU. Prior to final plat approval, a memorandum of understanding
shall be entered into by the weed control district and the developer. The memorandum of
understanding shall be signed by the district and the developer prior to final plat approval,
and a copy of the signed document shall be submitted to the planning department with the
application for final plat approval.
4. Final park plan. For all land used to meet park land dedication requirements, a final
park plan shall be submitted to the city for review and approval prior to final plat. The
installa4ion of any park improvements to inee! iiiiRiR:fu� develepmen4 staftdafds or
of approval shall eemply w� aAiele 39 ef this ehapter. The final pafk plan shall
be reviewed and appraved by the eity eemmission, with a r-eeeminendation frem the e4y
r-eefeatien aiid par-ks adviser-y beard. The final park plan shall include all of the information
listed in seetien 38.41.060.A.16 and shall include evidence of compliance with the
installation requirements of article 39.
5. Irrigation system as-builts. The developer shall provide irrigation system as-builts, for
all irrigation installed in public rights-of-way and/or land used to meet park land dedication
requirements, once the irrigation system is installed. The as-builts shall include the exact
locations and type of lines, including accurate depth, water source, heads, electric valves,
quick couplers, drains and control box.
6. Affordable housing. The developer shall provide a description of how the subdivision
has complied with chapter 10, article 8. The description shall be of adequate detail to
clearly identify those lots designated as subject to chapter 10, article 8 compliance
requirements and to make the obligations placed on the affected lots readily understandable.
Section 114
Section 38.41.080.A.2.i(3) of the Bozeman Municipal Code be amended so that such section
shall read as follows:
(3) The provision of such information is waived in writing by the eity
prior to submittal of a preliminary site plan application; or
Section 115
Section 3,8.41.090.A.2.b of the Bozeman Municipal Code be amended so that such section shall
read as follows:
b. If the proposal includes an application for a deviation as outlined in seetie
38.35.050, the application for deviation shall be accompanied by written and graphic
Page 60 of 65
material sufficient to illustrate the conditions that the modified standards will produce,
so as to enable the review authority eit), eemffiissien to make the determination that
the deviation will produce an environment, landscape quality and character superior to
that produced by the existing standards, and will be consistent with the intent and
purpose of article 17 of this chapter.
Section 116
Section 3,8.41.120.A.2.c(5) and (6) of the Bozeman Municipal Code be amended so that such
sections shall read as follows:
(5) Traffic impact analysis. Not withstanding the waiver provisions of seetiall
38.41.080.A.2.i al the dice eft —, a,
traffic impact analysis shall be prepared based upon the proposed development.
The analysis shall include provisions of the approved development guidelines,
and shall address impacts upon surrounding land uses. The direeter of p44ie
may require the traffic impact analysis to include the information in
38,41.060.A.12. If a traffic impact analysis has been submitted as part of
a concurrent subdivision review, that analysis shall meet this requirement;
(6) Additional studies and plans. If the development's compliance with the
community design objectives and criteria is under question, the review authority
eit-y eeffimissie may require additional impact studies or other plans as deemed
necessary for providing thorough consideration of the proposed planned unit
development;
Section 117
Section 38.41.140.A.8 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
8.The specific grounds and allegations for the appeal, and evidence necessary to support
and justify a decision other than as determined by the administrative review authority
pla�g teeter.
Section 118
Section 38.41.160.A.11 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
11. Evidence satisfactory to the review authori1y ei-, --is sion of the ability and
intention of the applicant to proceed with actual construction work in accordance with said
plans within six months after issuance of permit; and
Section 119
Section 38.42.1070 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
See. 38.42.1070. -Final site plan.
The final scale drawings of a preliminarily approved development and any other required
information, the approval of which by the review authgEity planning dir-ee4a indicates that the
Page 61 of 65
required conditions for approval have been met.
Section 120
Section 38.42.2280 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
Sec.38.42.2280, - Paved parking space or surface.
An area covered by an impervious dustfree surface of asphalt or concrete designed to
specifications of the city-eagineef.
Section 121
Section 38.42.2990 of the Bozeman Municipal Code be amended so that such section shall read
as follows:
See. 38.42.2990. - Street types.
A. For the purposes of these regulations, street types are defined as follows:
1. Alley. A street used primarily for vehicular access to the rear of properties which abut
and are served by public or private streets.
2. Arterial. A street or road having the primary function of moving traffic with emphasis
on a high level of mobility for through movement and the secondary function of providing
limited access to adjacent land. Arterial streets are generally designated in the city
transportation plan, however, streets not depicted in the city transportation plan may be
designated as arterials by the review authorily speci fied in 3 8.3 4.Q I 0&), i �.
a. Principal arterial. Serves the major centers of activity, the highest traffic volume
corridors, and the longest trip distances in an urbanized area. This group of streets
carries the highest proportion of the total traffic within the urban area with typical
loads of 10,000 to 35,000 vehicles per day. Most of the vehicles entering and leaving
the urban area, as well as most through traffic bypassing the central business district,
utilize principal arterials. Significant intra-area travel, such as between central
business districts and outlying residential areas, and between major suburban centers,
are served by major arterials.
b. Minor arterial. Interconnects with and augments the urban principal arterial
system. It accommodates trips of moderate length and at a somewhat lower level of
travel mobility than principal arterials, and it distributes travel to smaller geographic
areas. With an emphasis on traffic mobility, this street network includes all arterials
not classified as principal arterials while providing access to adjacent lands. Minor
arterials typically carry 5,000 to 15,000 vehicles per day.
3. Collector. A street or road that provides equal priority to the movement of traffic, and
to the access of residential, business and industrial areas. This type of roadway differs from
those of the arterial system in that the facilities on the collector system may traverse
residential neighborhoods. The system distributes trips from the arterials to ultimate
destinations. The collector streets also collect traffic from local streets in the residential
Page 62 of 65
neighborhoods, channeling it into the arterial system. Collectors typically carry 2,000 to
10,000 vehicles per day. Collector streets are typically designated in the city transportation
plan, however, additional streets may be designated as collectors by the review authority
specified in 38.34.010.
4. Cul-de-sac. A street having only one outlet for vehicular traffic and terminating in a
turnaround area.
5, Dead-end street. A street having only one outlet for vehicular traffic.
6, Half street. A portion of the width of a street, usually along the outside perimeter of a
subdivision,where the remaining portion of the street must be located on adjacent property,
7. Local streets. A street having the primary purpose of permitting access to abutting
lands and connections to higher systems. Generally, service to higher speed traffic
movements are intentionally discouraged. They typically carry 1,000 to 3,000 vehicles per
day but can carry in excess of 6,000.
8. Loop. A local street which begins and ends on the same street, generally used for
access to properties and to control traffic access to arterials or collectors.
Section 122
Repealer
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this
ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the
City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 123
Savings Provision
This ordinance does not affect the rights and duties that matured, penalties that were incurred or
proceedings that were begun before the effective date of this ordinance. All other provision of
the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and
effect.
Section 124
Severability
That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity
of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be
invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal
Code as a whole,
Section 125
Page 63 of 65
Codification
The provisions of Sections 1-121 shall be codified as appropriate in Chapter 38 of the Bozeman
Municipal Code.
Section 126
Effective Date
This Ordinance shall be in full force and effect on the 01 day of 0*1ZL, 2012,
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 27'h day of August, 2012.
Z!SEAN A. BECKER
Mayor
ATTEST:
STA
City ler
APPROVED AS TO FORM:
/4
`0 kt4 SULLIVAN
City Attorney
Page 64 of 65
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 10`f' day of
September, 2012. The effective date of this ordinance is the L�':_ day of ,
2011
SEAN A. BECI£ER
Mayor
ATTEST:
W - µr 5
STAGY °E ^ ,L+ �, C14fiC.pw�
City Cleric ,. w ,
APPROVED AS TO FORM:
LLIVAN
City ttorney
Page 65 of 65