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HomeMy WebLinkAboutZone Code Amendment Z-12163, Final ordinance, Part6.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Assistant Director Tim McHarg, Planning Director SUBJECT: Zone Code Amendment #Z-12163 –Second Reading and Final Adoption of Ordinance 1830 to relocate the provisions establishing the Design Review Board and Wetlands Review Board from Chapter 38 to Chapter 2, Amend Chapter 20 to remove duplicative standards for campgrounds and recreational vehicle parks, and amend Chapter 38 to add cross references, remove redundant text, and improve various development standards. MEETING DATE: September 24, 2012 AGENDA ITEM TYPE: Consent (Legislative Item) RECOMMENDATION: Finally adopt Ordinance 1830 amending the text of the Unified Development Code to relocate the provisions establishing the Design Review Board and Wetlands Review Board from Chapter 38 to Chapter 2, Amend Chapter 20 to remove duplicative standards for campgrounds and recreational vehicle parks, and amend Chapter 38 to add cross references, remove redundant text, and improve various development standards. RECOMMENDED MOTION: “Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application Z-12163 and give final approval to Ordinance 1830 amending Chapter 2 and Chapter 38 of the Bozeman Municipal Code.” BACKGROUND: The Zoning Commission and Planning Board considered this draft ordinance at a public hearing on July 31, 2012. There was no public comment. They recommend adoption of this ordinance. The City Commission gave preliminary approval to this ordinance of September 10, 2012. The additional amendment in response to public comment has been included in this 2nd reading draft as Section 10. Land use standards and procedures must be periodically updated to accommodate changing community needs, priorities, regulatory requirements and changing knowledge. The City of Bozeman continually monitors its Unified Development Code as it is applied to the community and changing legal standards that need to be reflected in the text. Needed changes are identified as they arise and processed as opportunity permits. Key components of the proposed amendments in Ordinance 1830 are: 1. Relocate the sections of code which establish the Wetlands Review Board and Design Review Board from Chapter 38 to Chapter 2. Chapter 2 is the location within the 34 municipal code where advisory boards and commissions are located. This change does not alter the responsibility of the WRB or DRB but improves the organization of the overall municipal code. (Sections 1 and 2 of Ordinance 1830) 2. As a consequence of the recent codification process several overlapping and duplicative sections of code were identified. Most significant is Chapter 20, Article 2 which sets standards for campgrounds and recreational vehicles. These are duplicative to the standards and processes in Chapter 38 and standards administered by the Health Department for such facilities. It is proposed to remove the duplicative sections and retain those portions which may be applicable to operations of City owned property. (Section 4 of Ordinance 1830) 3. The ordinance which created the new Residential Emphasis Mixed Use district (Ord. 1802) also created a new residential land use titled ‘group living’ which is defined in Sec. 38.42.1275 as “A building, portion of a building or a complex of buildings under unified control and management which contains facilities for living, sleeping, sanitation, eating and cooking for occupancy for residential uses; and which does not otherwise meet the definition of another residential use defined in this chapter. Eating and cooking areas may be shared in whole or part.” Special standards for this use are adopted in Section 38.22.105 which enable it to have similar impact to existing principal residential uses. This amendment considers application of this new use to other existing residential districts. It is proposed to allow this residential use as a principal use in all residential districts subject to standards and site plan review. (Sections 6, 17, and 26 of Ordinance 1830) 4. There are dimensional requirements for the areas, widths, and proportions of newly created lots. For residential uses these minimum widths are set out in Table 38.08.040-2. It is proposed to allow a difference in lot width and proportions for those lots using alleys for vehicle access. This is purely voluntary but is considered more responsive to the unique characteristics of alley loaded lot development. (Section 8 and 20 of Ordinance 1830) 6. The City’s adopted sustainability plan encourages the development of multi-modal transportation. The edit provides an incentive to develop changing facilities with private buildings. Providing changing and shower facilities on site as well as bicycle parking areas significantly increases the probability of persons using bicycles for commuting. This logically enables a reduction in required motor vehicle parking while still addressing mitigation for expected impacts of development. See the attached article on recent research in this area. This is an option for the developer to choose, it is not a requirement. (Section 28 of Ordinance 1830) 7. The City has recently amended its site plan process to provide more phasing options. Therefore, the need for artificial lots is addressed in an alternate manner and are now unnecessary. The artificial lot provisions have caused some confusion in how development review should occur. It is therefore proposed to remove this part of the landscaping requirements. (Section 30 of Ordinance 1830) 8. A recent federal district court decision on non-conforming uses in Billings, MT provides a clarified standard for when non-conforming uses are considered destroyed. This edit substitutes this most recent language for the existing language. (Sections 36, 37, and 52 of Ordinance 1830) 9. Amend Table 38.10.020 to allow the on-premise consumption of alcohol on the same premises where it is produced. This item was added as a result of public comment. Such distillery and brewery operations are subject to state liquor licensing but have different requirements from those licenses issued for restaurants and bars. In either case, the on- 35 premise consumption remains as a conditional use review. The exact text of the wording was revised between 1st and 2nd reading to specifically connect this new opportunity for service to apply to manufacturing operations and not warehousing/storage as additional information was received regarding the state liquor licensing provisions. (Section 10 of Ordinance 1830) UNRESOLVED ISSUES: Does the City Commission wish to proceed with the proposed amendments? ALTERNATIVES: The City Commission could decline to approve the ordinance or could propose alternative text. FISCAL EFFECTS: This Zone Code Amendment and Ordinance does not have a direct expense to the City. Attachments: Ordinance 1830 Staff report Report compiled on: September 12, 2012 36 Page 1 of 35 ORDINANCE NO. 1830 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY CREATING SECTIONS 2.05.2900, 2.05.2910, AND 2.05.2920 TO RELOCATE PROVISIONS REGARDING THE WETLANDS REVIEW BOARD; BY CREATING SECTIONS 2.05.3000, 2.05.3010, AND 2.05.3020 TO RELOCATE PROVISIONS REGARDING THE DESIGN REVIEW BOARD; BY AMENDING SECTIONS 20.02.010 AND 20.02.020 REGARDING PROVISIONS FOR CAMPING ON CITY OWNED PROPERTY; BY REPEALING SECTIONS 20.02.020, 20.02.040, 20.02.050, 20.02.060, 20.02.070, 20.02.080, 20.02.090, 20.02.100, 20.02.110, 20.02.120, AND 20.02.130 REGARDING PROVISIONS FOR CAMPING ON CITY OWNED PROPERTY; BY AMENDING SECTION 20.02.140 REGARDING ENFORCEMENT OF PROVISIONS FOR CAMPING ON CITY OWNED PROPERTY; BY AMENDING SECTIONS 30.03.060 TO RELOCATE FINAL PARK PLAN PROVISIONS; 38.08.020 TO ADD A NEW RESIDENTIAL USE ‘GROUP LIVING’ TO TABLE 38.08.020; 38.08.030 TO MODIFY THE ALLOWED PERCENTAGE OF LOT COVERAGE; AND 38.08.040 TO MODIFY THE ALLOWED MINIMUM RESIDENTIAL LOT WIDTH; BY DELETING SECTION 38.08.080 TO REMOVE DUPLICATIVE STANDARDS FOR RESIDENTIAL MANUFACTURED HOME DISTRICT AREA; BY AMENDING SECTIONS 38.19.040 TO CONSOLIDATE REFERENCES TO DRB REVIEW, 38.19.110 TO CORRECT REFERENCE, 38.19.130 TO CORRECT REFERENCE, 38.20.060 CORRECT REFERENCES AND MAKE CONSISTENT WITH SITE PLAN REVIEW PROVISIONS, 38.21.050 ADD CROSS REFERENCE AND CLARIFY WORDING, 38.22.030 ADD CROSS REFERENCE AND CLARIFICATION, 38.22.105 ADD APPLICABLE AREA STANDARDS FOR GROUP LIVING, 38.22.120 REMOVE REDUNDANT TEXT, 38.22.170 REPEAL REDUNDANT TEXT REGARDING RECREATIONAL VEHICLE AND MANUFACTURED HOME PARKS, 38.23.030 REVISE LOT DIMENSION RESTRICTIONS TO COORDINATE WITH LOT WIDTH STANDARDS, 38.23.150 REMOVE TEXT NOT PROPERLY REMOVED WITH CODIFICATION, 38.25.020 CLARIFY REFERENCES TO STORM WATER REQUIREMENTS, 38.25.040 37 Page 2 of 35 CLARIFY RESIDENTIAL AND NON-RESIDENTIAL PARKING REQUIREMENTS FOR DEFINED USES AND REMOVE DUPLICATIVE TEXT, 38.26.030 REMOVE REQUIREMENTS FOR LANDSCAPING WHICH IS REDUNDANT TO SITE PLAN PHASING PROVISIONS, 38.26.050 TO MODIFY ALLOWED LANDSCAPING ZONES IN ACCORDANCE WITH RECENT CHANGES BY USDA, 38.27.010 CLARIFY PURPOSE OF ARTICLE, 38.28.060 CODIFY EXISTING PRACTICE AND POLICY REGARDING IDENTIFICATION SIGNS, 38.29.030 TO ADD URBAN MIXED USE TO TELECOMMUNICATION PROCESS TABLE, 38.29.040 TO ADD URBAN MIXED USE TO TELECOMMUNICATION PROCESS TABLE, 38.32.010 REVISE STANDARD FOR NON-CONFORMING USE PROCEDURES TO CONFORM TO CURRENT CASE LAW, 38.32.040 REVISE STANDARD FOR NON- CONFORMING STRUCTURES PROCEDURES TO CONFORM TO CURRENT CASE LAW, 38.34.100 REMOVE REDUNDANT TEXT REGARDING BUILDING PERMIT REQUIREMENTS, 38.34.130 REMOVE REDUNDANT TEXT REGARDING BUILDING PERMIT REQUIREMENTS, 38.38.030 CLARIFY TIMING PROVISIONS FOR COVENANTS TO COVER ALL DEVELOPMENT APPROACHES, 38.40.020 CLARIFY WORDING FOR REQUIRED CONTENT OF NOTICE, 38.40.040 REVISE REFERENCE TO STATUTE, 38.42.010 CLARIFY SOURCE OF DEFINITINOS, 38.42.090 PROVIDE EXEMPTION TO AGRICULTURAL DEFINITION TO RECOGNIZE APPLICABLE STANDARDS OF THE AMERICANS WITH DISABILITIES ACT; BY DELETING SECTION 38.42.240 TO REMOVE UNNECESSARY DEFINITION; AND BY AMENDING SECTIONS 38.42.850 TO PROVIDE CROSS REFERENCE, 38.42.890 CLARIFY DEFINITION TO INCLUDE EXISTING REFERENCE FROM 38.30, 38.42.990 TO PROVIDE SIMPLER REVIEW PROCESS FOR SOLAR COLLECTION ACTIVITY WHICH IS DISTINGUISHABLE FROM OTHER ESSENTIAL SERVICE TYPE II INTENSITY, 38.42.2660 TO CORRECT TYPOGRAPHIC ERROR, AND 38.42.2740 TO CLARIFY APPLICATION OF EXISTING DEFINTION OF ROOF SIGN, 38.42.3030 CLARIFY APPLICATION OF THE DEFINITION AS IMPACTED BY PREVIOUSLY ADOPTED REVISIONS TO SUBDIVISION REVIEW PROCESSES; AND DELETING SECTION 38.42.3050 TO REMOVE A DEFINITION SUPPLANTED BY AMENDMENTS TO ARTICLE 32; ALL OF WHICH AMENDMENTS WILL COLLECTIVELY CORRECT ERRORS, RESOLVE CONFLICTS BETWEEN SECTIONS OF THE CODE, TO INCREASE CONSISTENCY IN PRACTICE OF CODE ORGANIZATION, AND TO CREATE MINOR IMPROVEMENTS IN STANDARDS. WHEREAS, the City of Bozeman has adopted a Unified Development Code (UDC) which establishes standards and procedures for land use and development under the City’s 38 Page 3 of 35 authority to zone established in Title 76, Chapter 2, Part 3, MCA and procedures and standards for review and processing of divisions of land as required by Title 76, Chapter 3, MCA; and WHEREAS, the proposed UDC text amendment application has been properly submitted, and reviewed, and all necessary public notice was given for all public hearings; and WHEREAS, the Bozeman Zoning Commission and Planning Board held a joint public hearing on July 31, 2012 to receive and review all written and oral testimony on the request for a UDC text amendment; and WHEREAS, no members of the public offered comment on the proposed ordinance; and WHEREAS, as shown in Resolution Z-12163, the Bozeman Zoning Commission and Planning Board recommended to the Bozeman City Commission that the proposed UDC text amendments be approved; and WHEREAS, after proper notice, the City Commission held a public hearing on August 20, 2012, to receive and review all written and oral testimony on the request for a text amendment to the UDC; and WHEREAS, the City Commission reviewed and considered the relevant UDC text amendment criteria established by Section 76-2-304, M.C.A., and found the proposed UDC text amendment to be in compliance with the purposes of the title as locally adopted in Section 18.02.040, BMC, and that the amendments would yield a superior outcome for the community than the text as presently exists; and 39 Page 4 of 35 WHEREAS, at its public hearing on August 20, the City Commission found that the proposed UDC text amendment would be in compliance with Bozeman’s adopted growth policy and applicable statutes and would be in the public interest. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Section 1 That Chapter 2, Administration, Article 5, Boards and Commissions of the Bozeman Municipal Code be amended by adding a new division 17 to read as follows: 2.05.2900 WETLANDS REVIEW BOARD ESTABLISHED--POWERS AND DUTIES. A. The WRB is established to review wetland related submittal materials, prepare functional assessments of regulated wetlands that may be impacted by proposed regulated activities, evaluate the impacts proposed regulated activities may have on delineated wetlands and to provide wetlands protection, mitigation and/or enhancement recommendations regarding such proposals review authority established by 38.34.010, subject to the provisions of Chapter 38. B. The WRB shall act as an advisory body to the review authority for proposals including sketch and site plans, conditional use permits, planned unit developments, subdivisions, divisions of land and other actions as requested by the city staff or the commission. 2.05.2910 COMPOSITION. A. The WRB shall consist of six members. An appointment to a term of service on the WRB is for two years. Members shall be degreed in their respective disciplines and/or otherwise licensed or certified by their respective professional authorities. Members shall have experience in at least one of the following wetland and/or stream specializations: ecology, soils, botany, and/or hydrology. B. In selecting the members, the city commission shall give preference to residents of the city. However, where a qualified resident is not available to serve, the city commission may appoint a member who practices professionally, owns property or owns a business within the city. 2.05.2920 PROCEDURES The WRB will be convened as necessary to review proposals that involve regulated activities and may impact regulated wetlands based on the provisions contained in article 30 of Chapter 38, BMC. To implement this purpose, certain procedures shall be adopted to include, but not be limited to, scheduling meetings as needed to be attended by members of the WRB. Written meeting reviews setting forth decisions and findings shall be made. These records shall be preserved as part of the official proceedings for each development proposal. Lastly, the WRB shall generally follow "Robert's Rules of Order" and may prepare and adopt supplemental procedural rules, upon the approval of the city commission, that will ensure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the wetland review process. 40 Page 5 of 35 Section 2 That Chapter 2, Administration, Article 5, Boards and Commissions of the Bozeman Municipal Code be amended by adding a new division 18 to read as follows: 2.05.3000 DESIGN REVIEW BOARD ESTABLISHED--POWERS AND DUTIES. A. The Design Review Board (DRB) is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the review authority, subject to the provisions of chapter 38. B. The DRB shall act as an advisory body to the review authority for: 1. Development applications located within overlay districts meeting one or more of the thresholds of 38.19.040.C; b. Conditional use permits located within overlay districts, but excluding conditional use permits for the purpose of accessory dwelling units and conditional use permits which do not create additional building area; c. Planned unit developments; d. Appeals from ADR decisions; and e. Review of applications for large scale retail; C. The DRB may develop, and after adoption by the city commission, apply specific guidelines related to such concerns as architectural appearance, landscape design and signage for the construction and/or alteration of structures, sites or areas; D. The DRB may review applicable development proposal applications for zoning text amendments, or applications for moving, demolition or any other kind of permit that may affect properties located within entryway corridors; E. The DRB has responsibility for projects subject to 38.19.040.C. 2.05.3010 COMPOSITION. A. The DRB shall consist of six professional and two nonprofessional members. Professional members shall be degreed in their respective disciplines and/or otherwise licensed or certified by their respective professional authorities. An appointment to a term of service on the DRB is for two years. The professional contingent shall consist of three architects and at least one architectural historian, and at least one landscape architect or landscape designer. At least one of the professional members shall have demonstrated expertise in urban design. Nonprofessional members shall be individuals with an interest in, or knowledge of, urban design or historic preservation. No member of the DRB shall serve concurrently as a member of the planning board or zoning commission. A quorum of the DRB shall be four voting members and one of the members constituting the quorum must be an architect. In the event a quorum of the DRB may not otherwise be attained, the ADR staff may serve as alternates to prevent delay in project reviews. 41 Page 6 of 35 B. In selecting the members, the city commission shall give preference to residents of the city. However, where a qualified professional resident is not available to serve, the city commission may appoint a professional member who practices professionally, owns property or owns a business within the city. Where a nonprofessional resident is not available to serve, the city commission may appoint a nonprofessional member who works, owns property or owns a business within the city. 2.05.3020 PROCEDURES C. To implement the purpose of the DRB, certain procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or biweekly meeting attended by members of the DRB. Written meeting reviews setting forth decisions and findings shall be made. These records shall be preserved as part of the official proceedings for each developmental proposal. Lastly, the DRB shall generally follow "Robert's Rules of Order" and may prepare and adopt supplemental procedural rules, upon subject to the approval of the city commission, that will ensure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the design review process. Section 3 That Chapter 2, Administration, Article 5, Boards and Commissions of the Bozeman Municipal Code be amended by adding and reserving new sections to read as follows: Section 2.05.3030 – Section 2.05.3090 - Reserved Section 4 That Chapter 2, Mobile Homes and Recreational Vehicles, Article 2, of the Bozeman Municipal Code be revised to read as follows repealing sections 20.02.030 through 20.02.130 and amending and renumbering section 20.02.140: Sec. 20.02.010. - Definitions. A. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. "Approved" means whatever material, workmanship, method, appliance, construction or other matter which meets the requirements of this article, and the approval of the department charged with the administration and enforcement of this article. 2. "Auto court" means any multiple dwelling or group of dwellings, other than bungalow courts, hotels or apartment houses, which is designed or intended for the temporary residence of motorists or travelers. The term "auto court" also includes "auto camp" and "tourist camp." 3. "Bungalow court" means a group of separate dwellings facing directly on a common court, place or street. 14. "Camping” car and/or trailer" means any unit used for living or sleeping purposes and which is equipped with wheels or similar devices used for the purpose of transporting said 42 Page 7 of 35 unit from place to place, whether by motive power or other means. means the use of tents, recreational vehicles, other vehicles, or other shelter for temporary living quarters or sleeping purposes. Camping does not include the occupancy of a manufactured home in accordance with Chapter 38. 25. "Public camp" means an approved area, lot or parcel of land regularly used or intended regularly to be used for temporary camping in tents or other portable shelters; provided, however, that an occasional and temporary use of an area, lot or parcel of land for camping by a single camping party shall not be construed as a public camp within the meaning of this article. (Code 1982, § 15.52.010) Sec. 20.02.020. - Permit required; application, fee and issuance conditions. A. No person shall construct, establish, maintain or operate an auto court, bungalow court or public camp, or cause or permit the same to be constructed, established, maintained or operated in the city without a permit to do so from the city commission. Application for such a permit shall be in writing, and shall state the extent and character of the proposed accommodations and camping spaces provided for. The application shall be presented to the city commission, accompanied by a fee of $5.00. The commission shall not grant any permit for the construction or establishment of an auto court, bungalow court or public camp in any location where such auto court, bungalow court or public camp is not allowed by the provisions of chapter 38 B. Upon the approval of such application by the city commission, the permit applied for shall be granted. After the permit has been issued, complete plans and specifications for the construction of such auto court, bungalow court and/or public camp shall be submitted to the health department and the building department of the city. If such plans and specifications meet with the requirements of this article and other applicable ordinances of the city, the health department shall place a stamp of approval thereon and the building inspector shall then issue a building permit for the construction of the buildings shown thereon. The building permit fees shall be the same as required for other like structures erected in the city. A separate building permit shall be required for each separate building or structure erected in such auto court, bungalow court and/or public camp. (Code 1982, § 15.52.020) Sec. 20.02.030Sec 20.02.020. - Camping on city property; permit required. It is unlawful for any person to camp on any property belonging to or under the control of the city without having first secured from the city manager a written permit so to do. Such camping permits may be issued by the city manager upon such terms and conditions and for such periods of time as in the city manager's judgment shall be proper, and shall be revocable by the city manager at any time. Any area on any property belonging to or under the control of the city for camping shall be developed following the procedures and standards of Chapter 38 of this code and all relevant standards of the Health Department. (Code 1982, § 15.52.030) 43 Page 8 of 35 Sections 20.02.030 – Section 20.02.130 - Repealed Sec. 20.02.140. - Violation; penalty. A. Any person, as defined herein, who violates any of the provisions of this article, or fails to comply with any order or regulation made thereunder, is subject to penalty under 1.01.210. or who operates or maintains an auto court or bungalow court, or builds, constructs, or makes alterations in violation of any part of this article shall, upon conviction thereof, be punishable by a fine of not exceeding $300.00 or by imprisonment for not less than ten days and not more than 90 days, or by both such fine and imprisonment. B. Every such person as defined in this article shall be deemed guilty of a separate offense for each and every day any provision of this article is violated. Section 5 Section 38.03.060 of the Bozeman Municipal Code be amended so that such section shall read as follows: Sec. 38.03.060. - Final plat application. A. After the conditions of preliminary approval and the requirements for the installation of improvements have been satisfied, the developer shall cause to be prepared a final plat. The final plat shall conform to the uniform standards for final subdivision plats as set forth in section 24.183.1107 ARM. Plans and data shall be prepared under the supervision of a registered surveyor, licensed in the state, as their licensing laws allow. 1. Final plat submittal. The final plat and all supplementary documents shall be submitted to the planning department at least 30 working days prior to the expiration of subdivision application approval or any extension thereto. The submittal shall include a final plat application form, the appropriate review fee, all information required by section 38.41.070 and a written explanation of how each of the conditions of subdivision application approval has been satisfied. a. The final park plan, if one is associated with the plat, shall be reviewed and approved, after a recommendation from the city recreation and parks advisory board, prior to or simultaneously with the final plat. The installation of any park improvements to meet minimum development standards or conditions of approval shall comply with article 39 of this chapter. 2. County treasurer certification. A final plat will not be accepted as complete until the county treasurer has certified that no real property taxes and special assessments assessed and levied on the land to be subdivided are delinquent. 3. Review of abstract and covenants. With the final plat, the developer shall submit to the planning department a certificate of a licensed title abstractor showing the names of the owners of record of the land to be subdivided and the names of lienholders or claimants of record against the land, and the written consent to the subdivision by the owners of the land, if other than the developer, and any lienholders or claimants of record against the land. The 44 Page 9 of 35 certificate of licensed title abstractor shall be dated no earlier than 30 calendar days prior to submittal. Covenants shall also be submitted to the planning department with the final plat application. The planning department staff will obtain the city attorney's approval of the covenants and the city attorney's certificate. 4. Review by the planning department. The planning department will then review the final plat application to ascertain that all conditions and requirements for final approval have been met. If all conditions and requirements for final approval have been met, the planning department shall forward a report to the city commission for their action. 5. Final plat approval. The city commission shall examine every final plat, and within 45 working days of the date of submission to the planning department, shall approve it if it conforms to the conditions of preliminary approval and the terms of this chapter. The city commission shall examine every final plat at a regular meeting. a. If the final plat is approved, the director of public service shall so certify the approval in a printed certificate on the plat. b. If the final plat is denied, the city commission shall cause a letter to be written to the developer stating the reasons therefor. 6. Filing. The developer shall file the approved, signed final plat and all other required certificates and documents with the county clerk and recorder within 60 days of the date of final approval. Section 6 Table 38.08.020 of the Bozeman Municipal Code be amended to add an additional use to the table as follows and the use to be included in alphabetical order in the table: Table of Residential Uses R-S R-1 R-2 R-3 R-4 R-O RMH Group Living P P P P P P P Section 7 Section 38.08.030.A of the Bozeman Municipal Code be amended so that such section shall read as follows: A. Maximum lot coverage by principal and accessory buildings shall be: 1. For newly created lots in the R-S district, determined through the PUD review procedures set forth in article 20 of this chapter, in compliance with the adopted city growth policy. a. For existing lots in the R-S district, not more than 25 percent of the lot area shall be covered by principal and accessory buildings. 2. Not more than 40 percent of the lot area in the R-1, R-2, R-3 and RMH districts for all 45 Page 10 of 35 uses except townhouses. 3. Not more than 50 percent of the lot area in the R-1, R-2, R-3, and RMH districts for townhouses. 43. Not more than 50 percent in the R-4 district. 54. Not more than 40 50 percent for residential uses or 60 percent for nonresidential or mixed uses in the R-O district. 65. In all residential zoning districts for those lots used to satisfy the requirements of chapter 10, article 8, not more than 60 percent of the lot area shall be covered by principal and accessory buildings. When a larger lot has a portion of its total dwellings subject to the requirements of chapter 10, article 8, either directly or inherited from a previous subdivision, the portion used for those dwellings may have up to 60 percent of the lot area covered by principal and accessory buildings. Section 8 Table 38.08.040-2 of the Bozeman Municipal Code be amended so that such table shall read as follows: Lot Width Table Minimum Lot Width in Feet R-S R-1 R-2 R-3 R-4 R-O RMH Single-household dwelling See subsection C of this section 50/402 50/402 50/402 50/402 50/402 50/402 Single-household dwelling (only for dwellings to satisfy requirements of chapter 10, article 8) See subsection C of this section 30 30 30 30 30 30 Two household dwelling - - 60/502 60/502 50/502 50/502 - Accessory dwelling unit1 50 50/402 60/502 60/502 60/502 60/502 - Dwellings in three- or four- household dwelling configurations - - - 60 60 60 - Townhouses 30 30 30 Width of interi or units Width of interi or units Width of interi or units - All other uses See subsection C of this section 50 50 50 50 50 50 46 Page 11 of 35 Notes: 1 Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to accessory buildings. Lot area and width shall be provided as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to section 38.22.030. 2 When the lot is adjacent to an alley and vehicle access is taken only from that alley. Section 9 Section 38.08.080 of the Bozeman Municipal Code be repealed and 38.08.090 renumbered accordingly: Sec. 38.08.080. - Additional RMH district performance standards. A. Development of any parcel of land within the RMH district shall be subject to all applicable requirements of articles 22, Standards for Specific Uses, and r23, Development Standards of this chapter, including, but not limited to, fences, parking, signs, landscaping and home occupations. In addition, manufactured home communities will be subject to the following general requirements: 1. Minimum area for manufactured home community district. a. The minimum total RMH district area shall be no less than ten acres unless the applicant can show that the minimum area requirements should be waived because the waiver would be in the public interest and that one or both of the following conditions exist: (1) Unusual physical features of the property itself or of the surrounding area such that development under the standard provisions of this chapter would not be appropriate in order to conserve a physical or terrain feature of importance to the neighborhood or community; or (2) The property is adjacent to or across the street from property which has been developed under the provisions of this section and will contribute to the amenities of the area. b. Waiver of the ten-acre minimum may only be granted by the city commission. Section 10 Table 38.10.020 of the Bozeman Municipal Code be amended to include a new use to shall read as follows and to be inserted in alphabetical order and the remainder of the table to remain as presently constituted: Permitted Uses BP M-1 M-2 Retail sales for on-premise consumption of alcohol produced on site, not to exceed 10,000 square feet or 50 percent of the facility, whichever is less. - C C 47 Page 12 of 35 Section 11 Section 38.19.040 of the Bozeman Municipal Code be amended so that such section shall read as follows: Sec. 38.19.040. - Review authority. A. The review authorities are established in section 38.34.010 and as may be specified elsewhere in this chapter. B. The development review committee, design review board, administrative design review staff, and wetlands review board have the advisory authority established in article 33 of this chapter. C. Plan design review thresholds. When a development is subject to design review and meets one or more of the following thresholds the design review board shall have responsibility for conducting the design review.: 1. Twenty or more dwelling units in a multiple household structure or structures; 2. Thirty thousand or more square feet of office space, retail commercial space, service commercial space or industrial space; 3. Twenty thousand or more square feet of exterior storage of materials or goods; or 4. Parking for more than 90 vehicles.; or 5. Large scale retail per 38.22.180. Section 12 Section 38.19.110.I.1.c of the Bozeman Municipal Code be amended so that such section shall read as follows: c. The use or development of the site is not begun within the time limits of the final site plan approval in section 38.19.130 38.19.120 Section 13 Section 38.19.130.B of the Bozeman Municipal Code be amended so that such section shall read as follows: B. Any amendment to or modification of a plan approved under the ordinance codified in this article (September 3, 1991 — Ordinance 1332) shall be submitted to the planning director for review and possible approval. Proposals for further development, reuse or change in use of sites developed pursuant to this chapter shall be reviewed as an amendment to an approved plan. All amendments shall be shown on a revised plan drawing. Amendments to approved plans shall be reviewed and may be approved by the planning director upon determining that the amended plan is in substantial compliance with the originally approved plan. If it is determined that the 48 Page 13 of 35 amended plan is not in substantial compliance with the originally approved plan, the application shall be resubmitted as a new application and shall be subject to all standards and plan review and approval provisions of this chapter. Substantial compliance may be shown by demonstrating that the amendments do not exceed the thresholds established in section 38.19.140.C 38.19.150.B. Section 14 Section 38.20.060.A.3 of the Bozeman Municipal Code be amended so that such section shall read as follows: Sec. 38.20.060. - Duration of planned unit development approval. A. Duration of preliminary plan approval. The provisions of this subsection A do not apply to subdivision elements of a PUD. 1. Within a maximum of one year following the approval of a preliminary plan, the applicant shall file with the planning department a final plan in detailed form covering the entirety, or one or more phases, of the development. 2. Upon application and in accordance with the standards of 38.19.120.F, for good cause, the planning director may administratively extend the period for filing a final plan for two successive six-month periods. The granting of administrative extensions under this section may, at the discretion of the planning director, be referred to the city commission. 3. Any additional six-month extensions to the planned unit development shall be approved, if at all, only by the city commission. A request for extension of preliminary approval under this section must be submitted to the planning director in writing by the applicant at least 30 calendar days prior to the date of expiration. Failure to submit a written request within the specified time period shall cause forfeiture of the right to extension of preliminary approval. 34. If no final plan is filed covering all or any portion of the preliminary plan within the above time limits, the right to proceed under the preliminary plan shall expire for any portion of the preliminary plan for which a final plan has not been timely filed. B. Duration of final plan approval. 1. The applicant must undertake and complete the development of an approved final plan within two years from the time of final plan approval. For the purposes of this section, a development is substantially complete once all engineering improvements (water, sewer, streets, curbs, gutter, streetlights, fire hydrants and storm drainage) are installed and completed in accordance with city rules and regulations. Extensions for two successive periods of six months not more than one year may be administratively granted by the planning director in accordance with the standards of 38.19.120.F,. The granting of administrative extensions under this section may, at the discretion of the planning director, be referred to the city commission. 2. Any additional six-month extensions to the planned unit development shall be approved, if at all, only by the city commission. A request for extension of final approval 49 Page 14 of 35 under this section must be submitted to the planning director in writing by the applicant at least 30 days prior to the date of expiration. Failure to submit a written request within the specified time period shall cause forfeiture of the right to extension of final approval. Failure to develop within the specified time limit and improvement requirements shall cause a forfeiture of the right to proceed under the final plan and require resubmission of all materials and reapproval of the same through the preliminary plan procedures. 3. The timing of all extensions of final plan approval shall be coordinated with the approval period established for any subdivision plat approval that is part of the PUD so that any expiration dates are consistent. 4. Final plan approval may occur multiple times under the provisions for phased PUDs described in section 38.20.070. Section 15 Section 38.21.050.I and J of the Bozeman Municipal Code be amended so that such section shall read as follows: I. All structures located within the neighborhood conservation or entryway corridor overlay districts require a certificate of appropriateness unless exempted in articles 16 or 17. J. Not Mmore than two deviations shall not be granted for any accessory structure. Section 16 Section 38.22.030.D of the Bozeman Municipal Code be created so that such section shall read as follows: D. Any accessory dwelling unit created within an accessory building is subject to the limitations of 38.21.050. Section 17 Section 38.22.105.B.3 of the Bozeman Municipal Code be amended so that such section shall read as follows: 3. Group living use requires the following area of land within the site for each resident. District Name Minimum Area required per Resident in Square Feet REMU, R4 and R-O 602 RS 10,890 unless otherwise approved through a planned unit development R1 and RMH 1250 R-2 and R-3 750 50 Page 15 of 35 Section 18 Section 38.22.120.A.3.c of the Bozeman Municipal Code be amended so that such section shall read as follows: c. City inspection required. (1) The required inspections for manufactured homes shall include: on-site utilities requirements including gas, electric, sewer and water; setback requirements; and off-street parking requirements. Fees for these have been established by the city commission by resolution. (2) It is unlawful for any person, firm, corporation or agency to turn on, or allow to be turned on, any gas or electric service without an inspection and clearance from the city building official. Section 19 Section 38.22.170.A.7 of the Bozeman Municipal Code be repealed and all other provisions of 38.22.170.A renumbered accordingly: 7. Land proposed for use for a recreational vehicle park must have an R-S residential suburban district or an RMH residential manufactured home community district zoning designation. Recreational vehicle parks are a principal use in the RMH district and a conditional use in the R-S district. Section 20 Section 38.23.030.F of the Bozeman Municipal Code be amended so that such section shall read as follows: F. Depth. Except for individual lots for individual townhomes, lots used to meet the requirements of chapter 10, article 8, and for modular for lots serviced by an alley, or when necessitated by physical features of the land as allowed by subsection K of this section, no lot shall have an average depth greater than three times its average width. Section 21 Section 38.23.150.C of the Bozeman Municipal Code be amended so that such section shall read as follows: C. Street lighting. Street lighting consists of street lighting and pathway intersection lighting, and shall comply with the City of Bozeman Design Standards and Specifications Policy. 1. General. a. All street lighting shall be operated and maintained through the creation of a new SILD, through the annexation to an existing SILD or through some other equivalent means approved by the city. The application to create or annex to an existing SILD shall be submitted to the city within two months of preliminary approval of the development. The approval to create or annex to an SILD shall be granted prior to final plat for a subdivision or occupancy if a final plat is not required. 51 Page 16 of 35 b. Street lighting shall be installed per section 38.39.030.B. c. Individual yard lights on private property shall not be used for street lighting. 2. Streetlights at intersections. a. Illumination requirements. (1) Single installation. The illumination requirement for an intersection streetlight, where only one light is required, shall be determined from Table 38.23.150-1 based on the functional classification of the street upon which the light is located. (2) Multiple installations. For all intersections where more than one streetlight is required, all lights shall be within the same range for measured lumens. The illumination requirement shall be determined from Table 38.23.150-1 for the functional classification of the leg of the intersection with the highest requirement. b. Non-signalized intersections. A streetlight shall be installed at each non-signalized street intersection with the following exceptions: (1) At intersections where the width of one or more of the approaches is greater than or equal to 50 feet, as measured to the back of curb or edge of pavement, then two streetlights shall be installed on diagonally opposite corners. (2) At the intersection of two local streets a streetlight may be omitted if its installation would violate the spacing criteria contained in Table 38.23.150-1. c. Signalized intersections. At signalized intersections where all approaches are narrower than 50 feet, as measured to the back of curb or edge of pavement, two streetlights shall be installed on the diagonally opposite corners. At signalized intersections where the width of one or more of the approaches is greater than or equal to 50 feet, four streetlights shall be installed, one on each corner. 3. Spacing of streetlights. In addition to intersection locations, streetlights shall be spaced along streets in accordance with Table 38.23.150-1. Table 38.23.150-1 Functional Classification Through Lanes Pedestrian Conflict Maintained Lumens (Minimum Spacing 52 Page 17 of 35 Maintained Average Values) Arterial 4/2 High 33,000-22,500 225/225 4/2 Low 22,500-13,500 300/275 Collector 4/2 High 22,500-13,500 250/225 4/2 Low 22,500-8,000 300/275 Local 2 Low 9,500-8,000 N/A1 Arterial - Commercial center 4/2 High 33,000-22,500 200/175 Collector - Commercial center 4/2 High 22,500-13,500 225/175 Local - Commercial center 2 High 9,500-8,000 150 1Streetlights are only required at intersections on local streets. 4. Streetlight location and placement of equipment. In addition to spacing requirements, the following layout criteria shall be used: a. When a streetlight location falls near an unlit intersection, the light shall be located at the intersection; b. Streetlights shall be located at property lines to the greatest extent possible, but not in conflict with other utility service providers; c. Pole spacing along a street may vary from the criteria of Table 38.23.150-1 by up to 15 percent. For the uniformity of appearance, the variance in spacing between adjacent spans should not be more than 15 percent; d. All proposed streets within the proposed subdivision, having a curve of 300 feet or longer in length, shall have a streetlight in the middle of the horizontal curve or as required by the city engineer; e. A streetlight shall be placed at the terminal ends of center median islands having trees and/or other fixed objects not having a breakaway design for speeds of 25 miles per hour or greater; f. Wiring for streetlights shall be underground; g. Additional streetlights may be required by the city commission when potential traffic hazards are identified during plan review; and h. For streets that are wider than 70 feet (from back of curb) the required streetlights shall alternate on either side of the street. 53 Page 18 of 35 5. Streetlight support structures. The ballasts; pole type, strength and anchor bolts; and pole foundation shall be appropriate for the proposed lighting and shall be installed per the manufacturer's recommendations. Mounting heights shall be measured from grade and shall comply with the requirements of Table 38.23.150-2. Table 38.23.150-2 Maintained Lumens (Minimum Maintained Average Values) Mounting Height 9,500—8,000 25 feet 22,500—9,500 35 feet 33,000—22,500 38 feet 6. Pathway intersection lighting. Pathway lights shall be installed at all intersections of pathways and streets located within the proposed development or along existing streets or roads abutting the development, if said intersection is located in areas other than lighted intersections. All pathway lights shall comply with city specifications. Table 38.23.150-3 Average Horizontal Illuminance at Pathway in Maintained Footcandles Mixed vehicle and pedestrian 2.0 Pedestrian only 1.0 Source: Roadway Lighting (RP-8-00), Illuminating Engineering Society of North American, 2000. Section 22 Section 38.23.150.D.7.j of the Bozeman Municipal Code be amended so that such section shall read as follows: j. Searchlights, laser source lights or any similar high-intensity light shall not be permitted, except in emergencies by police and fire personnel or at their direction, for meteorological data gathering purposes, or for special events if a permit is obtained from the review authority planning director. Section 23 Section 38.25.020.D of the Bozeman Municipal Code be amended so that such section shall read as follows: 54 Page 19 of 35 D. Backing requirements. All required parking must have adequate back-up maneuverability as specified in Table 38.25.020. The aisle width calculation may incorporate the width of the public right-of-way. Except in the case of one to four-household dwellings and individual townhouse- style units with individual garages, parking area design which requires backing into the public street is prohibited. With the exception of residential development, parking area design which requires backing into the public alley is prohibited. An exception to the prohibition to backing into the alley by non-residential development may be granted by the review authority when function of the alley will not be impeded and when necessary due to local site conditions. Section 24 Section 38.25.020.M of the Bozeman Municipal Code be amended so that such section shall read as follows: M. Snow removal storage areas. Snow removal storage areas shall be provided sufficient to store snow accumulation on site. Such areas shall not cause unsafe ingress/egress to the parking areas, shall not cause snow to be deposited on public rights-of-way, shall not include areas provided for required parking access and spaces, and shall not be placed in such a manner as to damage landscaping. All snow removal storage areas shall be located and designed such that the resultant stormwater runoff is directed into landscaped retention/detention and water quality improvement facilities as required by the engineering department, or in compliance with the any adopted storm drainage provisions of ordinance, chapter 40 article 4, and/or best practices manual. Section 25 Section 38.25.020.P of the Bozeman Municipal Code be amended so that such section shall read as follows: P. Stormwater drainage. Stormwater drainage from parking lots shall be directed into landscaped detention/retention facilities and water quality improvement facilities as required by the engineering department, or in compliance with the any adopted storm drainage provisions of ordinance, chapter 40 article 4, and/or best practices manual adopted by the city. Section 26 Table 38.25.040-1 of the Bozeman Municipal Code be amended so that such table shall read as follows: Dwelling Types Parking Spaces Required per Dwelling Accessory dwelling unit 1 Lodginghouse 0.75 spaces per person of approved capacity Efficiency unit 1.25 One-bedroom 1.5 Two-bedroom 2 Three-bedroom 3 Dwellings with more than three bedrooms 4 Group homes and community residential facilities 0.75 spaces per person of approved capacity1 55 Page 20 of 35 Bed and breakfast 1 space/rental unit Manufactured home 2 All types of dwellings within the B-3 district 1 Group living /cooperative household/fraternity/sorority 1 space per resident1 1A facility may request to provide fewer parking spaces if they provide evidence that some or all the residents are prohibited from operating motor vehicles. Under no condition shall less than two parking spaces be provided. If the use of the facility is altered to serve a different population who may operate motor vehicles, then the additional required parking shall be provided before the change in use may occur. Section 27 Table 38.25.040-3 of the Bozeman Municipal Code be amended so that such table shall read as follows: Use Type Off-Street or Off-Road Parking Spaces Required Automobile sales 1 space per 200 square feet of indoor floor area; plus 1 space per 20 outdoor vehicle display spaces Automobile service and/or repair station 2 spaces per service stall, but no less than 4 spaces Automobile washing establishment Automatic drive-through 3 spaces or 1 for each employee on maximum shift; plus stacking space Self-service 2 spaces per stall not including washing or drying spaces Bank, financial institutions 1 space per 300 square feet of floor area Bowling alley 2 spaces per alley; plus 2 spaces per billiard table; plus Church 1 space per six persons of maximum occupancy load (as identified in the International Building Code) for main assembly hall, public assembly areas and classrooms Community or recreation center 1 space per 200 square feet of floor area Health and exercise establishment 1 space per 200 square feet of floor area; plus 3 spaces per court Day care centers 1 space per staff member plus 1 space per 15 children permitted Elderly (senior citizens) housing Community residential facility with more than 9 residents or age restricted housing 1 space per unit Furniture stores over 20,000 square feet 3 spaces per 1,000 square feet of floor area Golf courses 1 space per 200 square feet of main building floor area; plus 1 space for every 2 practice tees in driving range; plus 4 spaces per each green in the playing area Hospitals 1 space per bed. Medical and dental offices 4 spaces for each full-time equivalent doctor or dentist; plus 1 space for each full-time equivalent employee Manufacturing and industrial uses 1 space per 1,000 square feet of floor area, plus 1 space 56 Page 21 of 35 per 2 employees on maximum working shift Motels, Hotels 1.1 spaces per each guest room; plus 1 space per employee on maximum shift; plus spaces for accessory uses as follows: Restaurants, bars, dining rooms 1 space per 60 square feet of indoor public serving floor area; plus 1 space per 120 square feet of outdoor (patio) area Commercial area 1 space per each 400 square feet of floor area Public assembly areas 1 space for each 5 seats based upon design capacity, except that total off-street or off-road parking for public assembly may be reduced by 1 space for every 4 guest rooms Nursing homes, rest homes or similar uses 4 spaces; plus 1 space for each 3 beds; plus 1 space for each employee on maximum shift Offices (except medical and dental) 1 space per 250 square feet of floor area Outdoor sales (plant nurseries, building materials, equipment rental and similar) 1 space per 500 square feet of sales and/or display area. The size of the sales and/or display area shall be determined on a case-by-case basis. Restaurants, cafes, bars and similar uses 1 space per 50 square feet of indoor public serving area; plus 1 space per 100 square feet of outdoor (patio) area Retail store and service establishments 1 space per 300 square feet of floor area Sales sites; model homes 1 space per 250 square feet of model floor areas; plus 1 space per employee Schools Elementary and/or junior high 1.5 spaces for each classroom, library, lecture hall and cafeteria; plus 1 space for each 3 fixed seats in the area of public assembly, or 1 space for each 25 square feet of area available for public assembly if fixed seats are not provided Senior high 1.5 spaces for each classroom or lecture hall; plus 1 space per each 5 students; plus 1 space for each nonteaching employee; plus 1 space per each 3 fixed seats in the area of public assembly, or 1 space per 25 square feet of area available for public assembly if fixed seats are not provided Business or similar school 1 space for each 1.5 students Theater, auditorium or similar 1 space per 4 seats based upon place of assembly design capacity Warehousing, storage or handling of bulk goods 1 space per 1,000 square feet of floor area devoted to storage of goods; plus appropriate spaces to support accessory office or retail sales facilities at 1 space per 350 square feet of floor area Section 28 Section 38.25.040.A.2.c(6) of the Bozeman Municipal Code be added so that such section shall read as follows: 57 Page 22 of 35 (6) Property owners have the option of requesting the reduction of up to 10 percent of the required parking spaces for non-residential uses if: a. In addition to the minimum otherwise required by this chapter, two covered bicycle parking spaces are provided for each automobile space not provided; and Section 29 b. For each ten or fraction of ten automobile parking stalls reduced a non- residential shower, changing area, and five clothing lockers are provided on-site. Section 38.25.040.A.4.b(3) of the Bozeman Municipal Code repealed: (3) The minimum number of accessible parking spaces shall be in addition to any other required parking spaces. Section 30 Section 38.26.030 of the Bozeman Municipal Code be amended so that such section shall read as follows: Sec. 38.26.030. - General landscaping provisions. A. Designation of artificial lot. 1. All the lots and building sites described in section 38.26.020.A shall be subject to landscaping provisions, however if a building site is over two acres in size, the applicant may request that the planning director create an artificial lot to satisfy the requirements of section 38.26.040 2. The planning director shall not create an artificial lot which would, in the planning director's opinion, violate the spirit of these landscape regulations. An artificial lot must: a. Wholly include the area on which the development is to occur; and b. Have an area that does not exceed 50 percent of the area of the original site. B. An artificial lot need not be platted, however it must be designated on plans approved by the planning director or city commission prior to the issuance of a building permit. A. C. Landscape plans shall include the information required by section 38.41.100 B. D. Vegetation may only be used to satisfy the requirements of this article when it is located on the same zone lot as the development depicted on the landscape plan. Section 31 Section 38.26.050.G.1 of the Bozeman Municipal Code be amended so that such section shall read as follows: 1. Generally acceptable plant materials shall be those identified as hardy in Zones 1 through 43. The characteristics of the zones are described in The Western Garden Book, 58 Page 23 of 35 Sunset Publishing Corporation, 1995. Alternatives may be considered upon a case-by-case basis. However, in the case of street frontage landscaping as required in subsection E of this section, acceptable tree species shall be limited to those approved by the city forestry division department. Section 32 Section 38.27.010 of the Bozeman Municipal Code be amended so that such section shall read as follows: Sec. 38.27.010. - General. Except as provided in section 38.27.020.B, all subdivisions and residential developments subject to article 19 of this chapter, shall comply with the provisions of this article. The purpose of this article is to comply with sections 76-2-304 and 76-3-621 MCA; to advance the city’s adopted plans for parks, trails and open space; to provide equal protection and treatment for different housing types and review processes with similar impacts on demand for service; to advance public health by encouraging and facilitating physical activity; and address housing affordability. Section 33 Section 38.28.060.A.3.a of the Bozeman Municipal Code be amended so that such section shall read as follows: a. Subdivision and residential complex identification signs. For residential subdivisions consisting of more than four residential units and for residential complexes with more than four residential units and more than one building, one low profile, freestanding, neighborhood identification sign per development entrance is allowed. Each sign shall not exceed 16 square feet in area or five feet in height from the finished grade. The sign must be setback at least five feet from the property line. Section 34 Section 38.29.030.B.1, Table 38.29.030 of the Bozeman Municipal Code be amended so that such table shall read as follows: Zoning District Large scale Small scale Micro scale Nonbroadcast PLI P P A P M-2 P P A P M-1 P P A P B-P C P/C1 A P B-3 C P/C1 A P B-2 C P/C1 A P B-1 C P/C1 A P UMU C P/C1 A P REMU PUD P/C1 A C R-O PUD C P C R-4 PUD C P C 59 Page 24 of 35 R-3 PUD C P C R-2 PUD C P - R-1 PUD C P - R-S PUD C P C Section 35 Section 38.29.040, Table 38.29.040 of the Bozeman Municipal Code be amended so that such table shall read as follows: Zoning District Large-scale Small-scale Micro-scale Nonbroadcast PLI b B b - M-2 b B b - M-1 b B b - B-P c a,c b - B-3 c a,c b - B-2 c a,c b - B-1 c a,c b - UMU c a,c b - REMU d a,c b - R-O d a,c a,b - R-4 d a,c a,b - R-3 d a,c a,b - R-2 d a,c a,b - R-1 D a,c a,b - R-S D a,c a,b - Section 36 Section 38.32.010.B of the Bozeman Municipal Code be amended so that such section shall read as follows: B. Except as otherwise specified in this article, the right to operate and maintain a nonconforming use shall terminate when the structure or structures housing such use are destroyed by any means to an extent of more than fifty (50) percent of its replacement cost at the time of destruction removed beyond 50 percent of the market value, razed or suffer substantial damage as defined in article 42 of this chapter. However, in the event of damage by fire, wind, earthquake or other natural disaster to the extent described herein, said nonconforming use or uses may be reestablished through a conditional use permit procedure as set forth in article 19 of this chapter. Such restoration shall comply to the maximum extent reasonably feasible with the requirements of this chapter. Section 37 Section 38.32.040 of the Bozeman Municipal Code be amended so that such section shall read as follows: 60 Page 25 of 35 Sec. 38.32.040. - Nonconforming structures. A. Any nonconforming structure lawfully existing upon the effective date of the ordinance from which this chapter is derived may be continued at the size and configuration existing upon such date except as hereinafter specified, or in the case of signage as specified in article 28 of this chapter and lighting as specified in section 38.23.150.O 38.28.200. B. The right to operate and maintain a nonconforming structure shall terminate when the structure is destroyed by any means to an extent of more than fifty (50) percent of its replacement cost at the time of destruction removed beyond 50 percent of the market value, razed or substantially damaged. However, in the event of damage by fire, wind, earthquake or other natural disaster to the extent described herein, said nonconforming nonresidential structure may be reestablished through a conditional use permit procedure as set forth in article 19 of this chapter. Such restoration shall comply to the maximum extent feasible with the requirements of this chapter. C. Normal maintenance of a lawful nonconforming structure is permitted, including necessary structural repairs provided such structural repairs do not enlarge the structure or intensify the use. Section 38 Section 38.34.100 of the Bozeman Municipal Code be amended so that such section shall read as follows: Sec. 38.34.100. - Building permit requirements. A. No building or other structure shall be erected, moved, added to or structurally altered and no land use shall be changed without valid permits as prescribed in this article. 1. Only minor site surface preparation and normal maintenance shall be allowed prior to conditional approval by the appropriate review authority and the issuance of a building permit, providing that such activity does not include excavation for foundations or the removal of mature, healthy vegetation. Minor site surface preparation means disturbing less than one-half acre, movement of 30 cubic yards or less of material, or a cut or fill of less than cumulative one foot whichever is less. Any excavation and site disturbance must be in conformance with an approved storm water control plan. Upon conditional approval by the appropriate review authority, excavation for foundations and the preparation of forms may occur. However, no concrete shall be poured and no further construction shall commence until final site or sketch plan approval has been granted and until building permits have been issued. Proceeding prior to building permit issuance is at the hazard of the landowner. a. Exception: When construction and funding of public streets are occurring under the provisions of article 20 of this chapter, Planned Unit Development (PUD), the issuance of building permits may be allowed prior to completion of infrastructure improvements, pursuant to the provisions established in article 39 of this chapter. 2. Building permit. Within the limits of the city, building permits shall be obtained as provided by Section 10.02.020. by following the latest version of the International Building Code (International Code Council, 5360 South Workman Mill Road, Whittier, California) 61 Page 26 of 35 adopted by the city. 3. The building permit shall be obtained by application to the building official. Applications shall be accompanied by plans in duplicate, drawn to scale showing the actual dimensions and shape of the lot to be built upon; the legal description of the parcel; the exact sizes and location on the lot of buildings already existing, if any; the location and dimensions of the proposed buildings or alternatives; and two copies of the approved site plan or sketch plan as approved under articles 19, 20, etc., of this chapter. 4. One copy of the plans shall be returned to the applicant after the building official and planning director have marked each copy either as approved or disapproved and attested to same by their signatures. The second copy similarly marked shall be retained by the building department. 5. Approval of any plan that has been granted based upon false information provided by the applicant shall be deemed void without requirement for further action by the city. 6.3. Based upon an approved sketch, site plan, certificate of appropriateness, conditional use permit or planned unit development (hereinafter referred to as "plan"), and after any appeals have been resolved, a building permit for the site may be requested and may be granted, provided such building permit is granted within one year of plan approval. Prior to lapse of one year, the applicant may seek an extension as allowed in articles 19 and 20. of one additional year from the planning director. In such instances, the planning director shall determine that the terms and circumstances have not significantly changed since the initial approval. Section 39 Section 38.34.130 of the Bozeman Municipal Code be amended so that such section shall read as follows: Sec. 38.34.130. - Expiration of permits. Every permit issued by the building official under the provisions of this chapter shall expire by limitation and become null and void in accordance with Section 10.02.020. if the building or work authorized by such permit has not commenced within 180 calendar days from the date of such permits, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 calendar days. Before such work can be recommenced, a new permit shall first be obtained to do so, and the fee therefor shall be one- half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for the work, and provided further that such suspension or abandonment has not exceeded one year. Section 40 Section 38.38.030 of the Bozeman Municipal Code be amended so that such section shall read as follows: 62 Page 27 of 35 Sec. 38.38.030. - Covenants. A. The city may require covenants to be recorded with the final plat when it is determined they are necessary for the protection of the public health, safety and general welfare. All covenants shall be considered to run with the land. If the covenants are not marked or noted on the final subdivision plat or other final approval document, they shall be contained in a separate instrument which shall be recorded with the final plat or prior to final approval of other applications. The covenants may be required to include, but are not limited to, the following provisions: 1. That all county declared noxious weeds will be controlled. 2. A section addressing agricultural uses of neighboring properties in the following form: "Lot owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors and noise, smoke, flies, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the evening." 3. That all fences bordering agricultural lands shall be maintained by the landowners in accordance with state law. 4. The property owners association shall be responsible for the maintenance of subdivision streets, common open space, centers, pathways, landscaping in street boulevards and/or parks. 5. That any covenant which is required as a condition of the preliminary plat approval and required by the city commission may not be amended or revoked without the mutual consent of the owners in accordance with the amendment procedures in the covenants, and the city commission. 6. The condition and timing of the transfer of the property owners association from developer to the subsequent purchasers. 7. Common area and facility maintenance plan. The developer shall submit a legal instrument setting forth a plan providing for the permanent care and maintenance of common areas and facilities. These common areas and facilities shall include but are not limited to commonly owned open spaces, recreational areas, facilities, private streets and parking lots. These common areas and facilities shall also include but are not limited to public parks, squares, open space, recreation areas, trails, as well as any public streets, avenues and alleys not accepted by the city for maintenance. The same shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. If the common areas are deeded to a property owners association, the applicant shall record the proposed documents governing the association at the time of final plat filing. Such documents shall meet the following requirements: a. The property owners association must be established before any residences or other properties are sold; 63 Page 28 of 35 b. Membership in the association must be mandatory for each property owner with a specified method of assigning voting rights; c. Open space restrictions must be permanent and not for a period of years; d. The property owners association must be made responsible for liability insurance, taxes, and maintenance of common facilities; e. The association must have the power to levy assessments which can become a lien on individual premises for the purpose of paying the cost of operating and maintaining common facilities; and f. The governing board of any such association shall consist of at least five three members who shall be owners of property in the development. 8. Common area and facility maintenance guarantee. In the event the organization or any successor organization established to own and maintain common areas and facilities, shall at any time fail to maintain the common areas or facilities in reasonable order and condition in accordance with the approved plan, the city commission may cause written notice to be served upon such organization or upon the owners of property in the development. The written notice shall set forth the manner in which the common areas or facilities have failed to be maintained in reasonable condition. In addition, the notice shall include the demand that the deficiencies noted be cured within 30 days thereafter and shall state the date and place of a public meeting to be held within 14 days of the notice. At the time of public meeting, the city commission may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the city may enter upon such common facilities and maintain the same for a period of one year, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. Before the one year period expires, the commission shall, upon its own initiative or upon written request of the organization theretofore responsible for maintenance, call a public meeting and give notice of such meeting to the organization responsible for maintenance or the property owners of the development. At the meeting hearing, the organization responsible for maintenance and/or the residents of the development may show cause why maintenance by the city should not be continued for a succeeding year. If the city commission determines that it is not necessary for the city to continue such maintenance, the city shall cease such maintenance at the time established by the city commission. Otherwise the city shall continue maintenance for the next succeeding year subject to a similar meeting and determination at the end of each year thereafter. a. The cost of maintenance by the city shall be a lien against the common facilities of the development and the private properties within the development. The city commission shall have the right to make assessments against properties in the development on the same basis that the organization responsible for maintenance of the facilities could make such assessments. Any unpaid assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage 64 Page 29 of 35 against such property. The city may further foreclose its lien on the common facility by certifying the same to the county treasurer for collection as in the case of collection of general property taxes. b. Should the property owners association request that the city assume permanent responsibility for maintenance of facilities, all facilities shall be brought to city standards prior to the city assuming responsibility. The assumption of responsibility must be by action of the city commission and all costs to bring facilities to city standards shall be the responsibility of the property owners association. The city may create special financing mechanisms so that those properties within the area affected by the property owners association continue to bear the costs of maintenance. c. These common areas and facilities shall include but are not limited to commonly owned open spaces, recreational areas, facilities, private streets and parking lots. These common areas and facilities shall also include but are not limited to public parks, squares, open space, recreation areas, trails, as well as any public streets, avenues and alleys not accepted by the city for maintenance. d. The city shall assume permanent responsibility for maintenance of public areas and facilities when a dedicated funding mechanism is adopted. 9. Guarantee for open space preservation. Open space shown on the approved final plan or plat shall not be used for the construction of any structures not shown on the final plan. 10. Covenants may not contain provisions which inhibit compliance with the requirements of chapter 10, article 8, for those developments subject to chapter 10, article 8. Some examples are: privately required minimum home or lot sizes which can not be met. Section 41 Section 38.40.020.B of the Bozeman Municipal Code be amended so that such section shall read as follows: B. The following additional elements shall be included in notices required for site plans, master site plans, certificates of appropriateness, conditional use permits, planned unit developments, deviations, variances and subdivisions: 1. A map of the area in question so as to indicate its general location and proximity to surrounding properties shall be included in mailed and posted notices; and 2. A reference to the appeals process for this chapter for notices regarding projects where the board of adjustment or city commission will not be making the final decision. B. Mailed and posted notices required for site plans, master site plans, certificates of appropriateness, conditional use permits, planned unit developments, deviations, variances and subdivisions shall also include a map of the area of the development so as to indicate its general location and proximity to surrounding properties. 65 Page 30 of 35 Section 42 Table 38.40.040 of the Bozeman Municipal Code be amended so that such table shall read as follows: Application Minimum Days12 Maximum Days12 Distance1 Notice Type Text amendment 15 45 NA Newspaper once ZMA2 15 45 200 Newspaper once, post on-site, mail 1st class ZMA2- Resulting from ordinance changes 15 45 None Newspaper once ZMA2- Annexation w/ initial zoning 15 45 None Newspaper once, post on-site, mail 1st class Variance - Floodplain, zoning, and subdivision 15 45 200 Newspaper once (zoning 2 times), post on-site, mail 1st class Public agency exemption Noticing for 76-2- 402, MCA claims 15 45 None Newspaper 2 times, post on-site Deviation 15 45 200 Newspaper 2 times, post on- site, mail 1st class Appeals3 15 45 2003 Newspaper 2 times, post on- site, mail 1st class Sketch plan/reuse/change in use/further development None None None None Sketch plan4 15 45 None Post on-site Informal/concept plan None None None None Preliminary site plan or master site plan 15 45 200 Post on-site, mail 1st class Preliminary PUD5 15 45 200 Newspaper 2 times, post on- site, mail 1st class Preliminary CUP6 15 45 200 Newspaper 2 times, post on- 66 Page 31 of 35 site, mail 1st class Floodplain permit 15 45 200 Newspaper, mail 1st class COA7 None None None None Final site plan None None None None Final PUD plan None None None None Final CUP plan None None None None Subdivision exemption None None None None 1st minor subdivision without variance- preliminary plat/Extensions of subdivision approvals beyond two years 15 45 200 Mail 1st class 1st minor subdivision with variance/2nd minor/major subdivision - Preliminary plat 15 (Planning Board) 45(Commission) 200 Newspaper8, post on-site, mail 1st class9, certified mail10 Final plat None None None None Notice of violation11 15 45 None Post on-site, certified mail to landowner Section 43 Section 38.42.010.A of the Bozeman Municipal Code be amended so that such section shall read as follows: A. Terms specifically defined in regulations issued by the Department of Justice and the Department of Transportation to implement the Americans with Disabilities Act or in referenced standards shall have those meanings. Otherwise, All all words in this chapter shall be first defined as provided in this article and, if not defined herein, shall be defined as in the latest edition of 'The Illustrated Book of Development Definitions' by Harvey S. Moskowitz and Carl G. Lindbloom, and if not defined in 'The Illustrated Book of Development Definitions', shall have their customary dictionary definitions as defined in collegiate dictionaries in the sense that the context implies. Section 44 Section 38.42.900 of the Bozeman Municipal Code be amended so that such section shall read as follows: 67 Page 32 of 35 Sec. 38.42.090. - Agricultural activity. The cultivation or tilling of soil or use of other growing medium for the purpose of producing vegetative materials for sale or for use in a commercial operation and/or the raising or tending of animals for commercial sale or use. Agriculture does not include gardening for personal use, keeping of house pets or animals as authorized under chapter 8, service animals in meaning of and conformance with the standards of the Americans with Disabilities Act, or landscaping for aesthetic purposes. Section 45 Section 38.42.240 of the Bozeman Municipal Code be amended so that such section shall read as follows: Sec. 38.42.240. - Artificial lot. An area within a legally existing lot that is delineated by the planning director for the sole purpose of satisfying the landscaping requirements of this chapter. Section 46 Section 38.42.240 of the Bozeman Municipal Code be amended so that such section shall read as follows: Sec. 38.42.850. - Design review board. That board created by article 33 of this chapter 2 article 5 of the municipal code with duties as described. and appointed by the city commission, charged with the design review, as defined in this article, of certain plans and proposals as specified in this chapter. Section 47 Section 38.42.890 of the Bozeman Municipal Code be amended so that such section shall read as follows: Sec. 38.42.890. - Deviation. A modification of physical standards of this chapter as applied to a specific piece of property located within the neighborhood conservation overlay district or entryway corridor overlay district or anywhere within the city through a planned unit development. A deviation may be granted only by the city commission. Section 48 Section 38.42.990 of the Bozeman Municipal Code be amended so that such section shall read as follows: Sec. 38.42.990. - Essential services (Type I). Water pumping stations; stormwater drainage facilities (including collection lines, retention/detention ponds and drainageways); sanitary sewer and storm sewer lift stations; public domestic water storage facilities; water fill stations for firefighting equipment; local service telephone lines and cables; local service electrical distribution lines and cables; roof mounted distributed electrical generation solar panel arrays, local service cable television lines; local 68 Page 33 of 35 service electronic data transmission lines and cables; water and sanitary sewer distribution and collection lines; and public and amateur radio antennae and towers. Section 49 Section 38.42.2660 of the Bozeman Municipal Code be amended so that such section shall read as follows: Sec. 38.42.2660. - Restaurant. Any restaurant (except a drive-in restaurant or a convenience food restaurant as defined in this article), coffee shop, cafeteria, short-order cafe caf�1/2, luncheonette, sandwich stand, drugstore and soda fountain serving food. Section 50 Section 38.42.2740 of the Bozeman Municipal Code be amended so that such section shall read as follows: Sec. 38.42.2740. - Roof sign. Any sign erected and constructed on and or over the roof of a building, supported by the roof structure, and or extending vertically above any portion of the roof. Roof signs shall not include signs located on a mansard roof if the sign is mounted vertically and integrated with the roof. For the purpose of this article, architecturally integrated mansard signs and other architecturally integrated signs located below the principal roofline shall be classified as wall signs. Section 51 Section 38.42.3030 of the Bozeman Municipal Code be amended so that such section shall read as follows: Sec. 38.42.3030. - Subdivision. A division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to or possession of the parcels may be sold, rented, leased or otherwise conveyed, and shall include any resubdivision, and shall further include any condominium or area, regardless of its size, that provides or will provide multiple space for recreational camping vehicles or manufactured homes unless otherwise exempted by this Chapter. A subdivision shall comprise only those parcels less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section when the parcels have been segregated from the original tract, and the plat thereof shall show all such parcels whether contiguous or not. Section 52 Section 38.42.3050 of the Bozeman Municipal Code be repealed: Sec. 38.42.3050. - Substantial damage. 69 Page 34 of 35 Damage sustained by a structure where the cost of restoring the structure to its condition before damage would equal or exceed 50 percent of the market value of the structure before the damage occurred as determined by the county's last equalized assessment roll. Section 53 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 54 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 55 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 56 Codification The provisions of Sections 1-3 shall be codified as appropriate in Chapter 2 of the Bozeman Municipal Code; The provisions of Section 4 shall be codified as appropriate in Chapter 20 of the Bozeman Municipal Code; and The provisions of Sections 5-52 shall be codified as appropriate in Chapter 38 of the Bozeman Municipal Code. Section 56 Effective Date This ordinance shall be in full force and effect thirty (30) days after final adoption. 70 Page 35 of 35 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 10th day of September, 2012. ____________________________________ SEAN A. BECKER Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk 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 24th day of September, 2012. The effective date of this ordinance is __________, __, 2012. ____________________________________ SEAN A. BECKER Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _____________________________________ GREG SULLIVAN City Attorney 71 CITY COMMISSION/ZONING COMMISSION/PLANNING BOARD STAFF REPORT UDC TEXT AMENDMENT FILE NO. #Z-12163 #Z-12163 UDC Text Amendment Staff Report Page 1 of 10 Item: Unified Development Code Text Amendment Application #Z-12163, a request to amend the text of the Unified Development Code to relocate the provisions establishing the Design Review Board and Wetlands Review Board from Chapter 38 to Chapter 2, Amend Chapter 20 to remove duplicative standards for campgrounds and recreational vehicle parks, and amend Chapter 38 to add cross references, remove redundant text, and improve various development standards. Amend additional sections which are relevant to the same topic if a need to do so is identified during the public review process. Applicant(s): City of Bozeman, PO Box 1230, bozeman MT 59771 Date/Time: Before the Bozeman Zoning Commission and Planning Board on Tuesday, July 31, 2012 at 6:30 p.m. in the Commission Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana. Before the Bozeman City Commission on Monday, August 20, 2012 at 6:00 p.m. in the Commission Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana. Report By: Chris Saunders, Assistant Director Recommendation: Approval Suggested Motion: “Having heard and considered public comment, I hereby adopt the findings presented in the staff report and move to recommend approval of the text amendments to Chapter 2, Chapter 20, and Chapter 38 of the Bozeman Municipal Code as included in the draft Ordinance 1830 as requested in application Z-12163.” PROJECT LOCATION Most of the proposed edits are applicable throughout the boundaries of the City of Bozeman. Sections 8- 11, 18, and 28 apply through various residential zoning districts as shown on the official zoning map. Section 36 and 37 apply to the Urban Mixed Use district as shown on the official zoning map. PROPOSAL AND BACKGROUND INFORMATION The Department of Planning and Community Development processes hundreds of land development applications a year. In the course of that activity portions of the standards are identified which are not clear, are more difficult to administer than intended, are duplicative to other portions of the municipal code, or are otherwise in need of revision to improve them. This set of code amendments is intended to address a large group of these revisions. Most of these changes are minor in nature and do not materially alter the standards. Those considered as significant changes are individually described below. 72 #Z-12163 UDC Text Amendment Staff Report Page 2 of 10 The City of Bozeman has adopted a unified development code for land development which includes both subdivision and zoning activities. The state statues require two different advisory bodies for planning and zoning actions. Because there is a blend of subjects this ordinance is being considered at a joint public hearing. The Zoning Commission is charged with commenting on all of the proposed edits. The Planning Board needs to specifically act only on Sections 6, 7, 10, 21, and 45 as these are the sections which specifically affect the subdivision process. Key components of the proposed amendments: 1. Relocate the sections of code which establish the Wetlands Review Board and Design Review Board from Chapter 38 to Chapter 2. Chapter 2 is the location within the municipal code where advisory boards and commissions are located. This change does not alter the responsibility of the WRB or DRB but improves the organization of the overall municipal code. (Sections 2 and 4 of Ordinance 1830) 2. As a consequence of the recent codification process several overlapping and duplicative sections of code were identified. Most significant is Chapter 20, Article 2 which sets standards for campgrounds and recreational vehicles. These are duplicative to the standards and processes in Chapter 38 and standards administered by the Health Department for such facilities. It is proposed to remove the duplicative sections and retain those portions which may be applicable to operations of City owned property. (Section 6 of Ordinance 1830) 3. The City recently adopted a new zoning district, Residential Emphasis Mixed Use. This ordinance also created a new residential land use titled ‘group living’ which is defined in Sec. 38.42.1275 as “A building, portion of a building or a complex of buildings under unified control and management which contains facilities for living, sleeping, sanitation, eating and cooking for occupancy for residential uses; and which does not otherwise meet the definition of another residential use defined in this chapter. Eating and cooking areas may be shared in whole or part.” Special standards for this use are adopted in Section 38.22.105 which enable it to have similar impact to existing principal residential uses. This amendment considers application of this new use to other existing residential districts. It is proposed to allow this residential use as a principal use in all residential districts. (Sections 8, 18, and 28 of Ordinance 1830) 4. There are dimensional requirements for the areas, widths, and proportions of newly created lots. For Residential uses these are set out in Table 38.08.040-2. It is proposed to allow a difference in lot width and proportions for those lots using alleys for vehicle access. (Section 10 and 21 of Ordinance 1830) 5. The City obtains water rights or cash-in-lieu of water rights as a basic mitigation of development impact. The City Commission recently requested a modification in how this requirement is executed for smaller parcels which are annexing. This change implements this requested change by allowing for deferral of mitigation until time of development. (Section 24 of Ordinance 1830) 6. The City’s adopted sustainability plan encourages the development of multi-modal transportation. The edit provides an incentive to develop changing facilities with private buildings which will support increased use of bicycles for commuting. See an attached article on recent research in this area. This is an option for the developer to choose, it is not a requirement. (Section 30 of Ordinance 1830) 7. The City has recently amended its site plan process to provide more phasing options. Therefore, the need for artificial lots is addressed in an alternate manner. It is therefore proposed to remove 73 #Z-12163 UDC Text Amendment Staff Report Page 3 of 10 this part of the landscaping requirements. (Section 32 of Ordinance 1830) 8. A recent federal district court decision on non-conforming uses in Billings, MT provides a clarified standard for when non-conforming uses are considered destroyed. This edit substitutes this most recent language for the existing language. (Sections 38, 39, and 54 of Ordinance 1830) 9. It is proposed to provide an exception to notice requirements when the reasonably expected threat to safety or privacy outweighs the public benefit of notice of a development. This possibility is explicitly recognized in Article II, Section 9 of the Montana constitution. Bozeman significantly exceeds minimum statutorily notice requirements for zoning development. Therefore, there is room in the noticing structure for this limited exception. An exception for noticing does not waive or reduce compliance necessitated for any other standard. (Section 43 of Ordinance 1830 Land use standards and procedures must be updated from time to time to accommodate changing community needs, priorities, regulatory requirements and changing knowledge. The City of Bozeman continually monitors its Unified Development Code as it is applied to the community. The public review process for the proposed/draft amendment text allows evaluation of ideas and refinement of specific text. Revisions may be made to the draft as the process continues. REVIEW CRITERIA: The Zoning Commission and Planning Board criteria for review of a text amendment are established in statute. The analysis below notes that review criteria are met with the term ‘yes’; are not met with the term ‘no’; or are not materially affected with the term ‘neutral’. This report is a summary of Staff’s analysis. Interpretation and application of the UDC must take into account the document as a whole. If a substantial change is made then a particular point may be emphasized. To prevent redundancy, when an earlier review criterion has addressed an issue a later review criterion addressing the same issue may refer back to the prior answer. According to Section 38.36.020 of the UDC, the Zoning Commission and/or Planning Board shall cause to be made an investigation of facts bearing on each text amendment application relevant to zoning. The Zoning Commission or Planning Board must review the information they consider necessary to assure that the action of each text amendment application is consistent with the intent and purpose of the UDC. Specifically, the investigation must address the following criteria as required in Section 76-2-304, Montana Code Annotated. Locally these are incorporated into Section 38.01.040.C&D, BMC The Zoning Commission is charged to offer a recommendation only on those criteria established by Section 76-2-304, MCA which are identified by letter below. The Planning Board is charged to offer a recommendation only on those criteria established by Sections76-1-606, 76-3-102 and 76-3-501, MCA which are identified by number below. Section 76-2-304, MCA (zoning) Criteria: A. Be in accordance with a growth policy. Yes. The amendment advances a variety of public policy goals as illustrated by this selection of goals and objectives from the growth policy. Objective G-2.1: Ensure that development requirements and standards are efficiently 74 #Z-12163 UDC Text Amendment Staff Report Page 4 of 10 implemented, fairly and consistently applied, effective, and proportionate to the concerns being addressed. Objective G-2.4: Develop a balanced system of regulatory requirements, programs, and incentives to ensure that development within the Planning Area is in compliance with the Bozeman Community Plan. Chapter 3: Land Use Objective LU-1.4: Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design. Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed uses, of brownfields and underutilized property within the City consistent with the City’s adopted standards. Using this approach rehabilitate corridor based commercial uses into a pattern more supportive of the principles supported by commercial centers. Objective LU-3.2: Encourage the use and redevelopment of underutilized and brownfield sites to provide employment and housing which will help to maintain the vibrancy and vitality of the Historic Core area. This amendment is also supported by the following goal(s) contained in the City’s adopted Economic Development Plan: 5) Create a more collaborative and effective working partnership between the business community and the City of Bozeman and effectively manage the City of Bozeman’s regulatory environment to accomplish goals without hindering business expansion and economic growth. (2) Provide an efficient and well-defined land development process with development regulations being as flexible as possible and efficiently administered. (4) Empower the Planning Department staff and the City Commission to build more efficiency in the decision making process. These goals and objectives would be accomplished by this amendment by creating provisions for a simpler review process with greater opportunity for administrative level review. This reduces delay in the review process. It further provides for review authorities to be adjusted more readily as needs of the community change. B. The effect on motorized and non-motorized transportation systems. Neutral. The proposed amendments will not alter or change the UDC regulations or guidelines pertaining to motorized or non-motorized transportation systems. This amendment may in some circumstances alter the final approval authority acting on the adopted standards. This change is not considered to have a negative effect on actual conditions. C. Secure safety from fire, panic, and other dangers. Neutral. The proposed amendments do not alter the on-site standards which address this criteria. D. Promote public health, public safety, and general welfare. Yes. The amendments do not alter any adopted standards which directly protect the public health or 75 #Z-12163 UDC Text Amendment Staff Report Page 5 of 10 safety. General welfare is promoted by adopting a more clear set of development standards which can facilitate investment and development in the community without unnecessary or delays. The City must have a zoning Board of Adjustment. However, the City Commission can choose to act in this role if they see fit. The need/desire to have a BOA separate from the City Commission varies with time and the preferences of the sitting members of the City Commission. Presently, to activate a BOA requires a code amendment which takes a minimum of four months and considerable cost to prepare and process. The proposed amendments will simplify this process while still preserving a public process for decision making. This will enable the land development review process to be more responsive to current needs and policy direction while maintaining consistency in the municipal code text itself. E. Reasonable provision of adequate light and air. Neutral. The amendments do not alter any adopted standards which would affect this criterion. F. Prevention of overcrowding of land. Neutral. These amendments are not altering requirements for lot coverage or building density. Objectively, overcrowding is a condition where the intensity of the use of land overwhelms the ability of infrastructure and buildings to meet the needs of users. This functional problem is addressed by ensuring the installation of water, sewer, transportation, and other services. The proposed amendments do not alter the standards for provision of services. G. Avoiding undue concentration of population. Neutral. The proposed amendments do not change standards for density of population. See also item F above. H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Neutral. See items A, D and F. I. Conserving the value of buildings. Yes. The proposed amendments retain all provision of adequate services requirements for buildings as well as improve or allow an alternative review procedure. These changes improve the general development climate within Bozeman. The changes also facilitate development, redevelopment and upgrades to vacant or existing sites through the provision of an administrative review procedure for redevelopment within the overlay districts when minor deviations are requested. The proposed changes also remove barriers to removal of structures which are intrusive in their character in historic areas. This will enable easier construction of new buildings which are an improvement and asset to the historic areas. J. Character of the district. Neutral. As noted earlier, these amendments are not limited to a particular zoning district but are generally applicable. K. Peculiar suitability for particular uses. Neutral. See discussion under item J. L. Encourage the most appropriate use of land throughout the jurisdictional area. 76 #Z-12163 UDC Text Amendment Staff Report Page 6 of 10 Yes. The proposed amendments are consistent with the overall policies and goals of the City as indentified under item A. M. Promotion of Compatible Urban Growth. Neutral. The proposed amendment does not expand the development area of the City nor are likely to materially change the growth pattern of the city. By retaining the underlying development standards for mitigation of proposed developmental impacts, the amendments retain all standards that require growth be compatible with existing uses and needs. Section 76-1-606 MCA (subdivision) criteria. Effect of growth policy on subdivision regulations: 1. Subdivision regulations adopted after a growth policy has been adopted must be made in accordance with the growth policy. The amendment advances a variety of public policy goals as illustrated by this selection of goals and objectives from the growth policy. Objective G-2.1: Ensure that development requirements and standards are efficiently implemented, fairly and consistently applied, effective, and proportionate to the concerns being addressed. Objective G-2.4: Develop a balanced system of regulatory requirements, programs, and incentives to ensure that development within the Planning Area is in compliance with the Bozeman Community Plan. Chapter 3: Land Use Objective LU-1.4: Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design. Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed uses, of brownfields and underutilized property within the City consistent with the City’s adopted standards. Using this approach rehabilitate corridor based commercial uses into a pattern more supportive of the principles supported by commercial centers. Objective LU-3.2: Encourage the use and redevelopment of underutilized and brownfield sites to provide employment and housing which will help to maintain the vibrancy and vitality of the Historic Core area. Subdivision Purposes – Section 76-3-102 MCA. 2. Promote the public health, safety, and general welfare by regulating the subdivision of land. Yes. The proposed amendments are integrated with Chapter 38, Unified Development Code (UDC), which will help address general welfare. The amendments will clarify various procedures and standards, thereby improving the opportunity to understand and equitably apply the standards and procedures of the title. The general welfare will be improved by simplifying procedures and more clearly identifying the applicability of certain standards. The removal of 77 #Z-12163 UDC Text Amendment Staff Report Page 7 of 10 excess and duplicative procedures prevents possible confusion in development of recreational vehicle parks or campgrounds. Mitigation of impacts will be provided. 3. Prevent the overcrowding of land. Yes. The UDC establishes zoning standards for parking, surface area coverage, and other performance standards to ensure that building mass, height, density of dwellings, and other features may be adequately met on any given parcel of land. The proposed amendments are not expected to materially change the standards addressing this issue. The change to lot width and proportions have been considered and determined to be effective in providing adequate space for development of residential functions. 4. Lessen congestion in the streets and highways. Neutral. The UDC contains a variety of transportation improvement and right-of-way standards designed to ensure the provision of adequate transportation facilities and the functionality of those facilities. The UDC also encourages alternative transportation modes such as walking, biking and transit. The revisions do not alter these requirements. 5. Provide adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public improvements. Yes. The UDC contains a variety of standards designed to ensure the provision of adequate public improvements and the functionality of those facilities. The amendments do not materially alter these standards. The changes in Section 6 are to remove duplicative language. There will remain standards and requirements in other portions of the municipal code address these issues. 6. Require development in harmony with the natural environment. Neutral. The proposed amendments are not expected to materially affect this area of concern. 7. Protect the rights of property owners. Yes. The UDC was crafted with the aim of balancing the rights of applicant property owners with the need to protect the rights of other property owners and the health, safety and general welfare of the community as a whole. This is reflected in the provisions of the ordinance including, but not limited to, defined criteria and procedures for reviewing development proposals. Removal of duplicative review processes supports the right of property owners to timely and efficient due process in the review of development proposals. 8. Require uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey. Neutral. The UDC requires compliance with the uniform standards for monumentation and the preparation of final plats as outlined in the Administrative Rules of Montana (ARM). The ARMs are prepared by the state agency with responsibility to administer a given Montana law. The ARMs set forth how the responsible state agency will administer the law. No changes have been proposed relating to this criterion. Subdivision Purposes – Section 76-3-501 MCA. Requires local governments to adopt regulations that reasonably provide for: 9. Orderly development within the jurisdictional area. 78 #Z-12163 UDC Text Amendment Staff Report Page 8 of 10 Yes. The UDC has previously been reviewed and found to meet this criterion. Extensions of service and timely delivery of services remain as requirements. The changes to the municipal code will not negatively affect this criterion. 10. Coordination of roads within subdivided land with other roads, both existing and planned. Neutral. The UDC requires that the arrangement, type, extent, width, grade and location of all streets be considered in relation to existing and planned streets. When a proposed development adjoins undeveloped land, and access to the undeveloped land would reasonably pass through the new development, the UDC requires that streets within the proposed development be arranged to allow the suitable development of the adjoining undeveloped land. The UDC also requires that developers arrange 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. The amendments do not modify these requirements. 11. Dedication of land for roadways and for public utility easements. Neutral. The UDC requires that all streets either be dedicated rights-of-ways or be private streets with a public access easement. The UDC requires the provision of utility easements for both public and private utilities. No changes to this subject were made with these amendments. 12. Improvement of roads. Neutral. The UDC contains standards for the arrangement, type, extent, width, grade, location, design and construction of streets and roads. No material changes were made with these amendments. The zoning standards include mechanisms to ensure that right-of-way is provided and streets developed to the same standards as through a subdivision process. 13. Provision of adequate open spaces for travel, light, air and recreation. Neutral. The standards for this subject are unaltered. 14. Adequate transportation, water and drainage. Yes. The UDC contains standards for the provision of transportation, water and drainage facilities. In addition, the UDC requires compliance with adopted transportation, water and stormwater facility plans. There are various changes which give cross references to adopted storm water control requirements which will make it easier for readers to find relevant standards located outside of Chapter 38, See sections above for additional discussion. 15. Regulation of sanitary facilities, subject to section 76-3-511 MCA. Neutral. The UDC contains standards for the provision of sewer and refuse facilities. In addition, the UDC requires compliance with state requirements regarding sanitary facilities and with the adopted sewer facility plan. No changes are proposed with these amendments. Whether the development proposed is reviewed under subdivision or zoning procedures the issues of sanitation, extension of public mains, and related topics will be addressed. 16. Avoidance or minimization of congestion. Neutral. The UDC contains a variety of transportation improvement standards designed to ensure the provision of adequate transportation facilities and the functionality of those facilities. The UDC also encourages alternative transportation modes such as walking, biking and transit. The 79 #Z-12163 UDC Text Amendment Staff Report Page 9 of 10 substantive elements of these standards which relate to subdivisions are not proposed to be altered. See criteria above for further discussion. 17. Avoidance of subdivision which would involve unnecessary environmental degradation and the avoidance of danger or injury to health, safety, or welfare by reason of nature hazard or the lack of water, drainage, access, transportation, or other public services or would necessitate an excessive expenditure of public funds for the supply of such services. Yes. The UDC contains a variety of requirements aimed at protecting public health, safety and welfare from natural hazards, including: wetlands protection; watercourse setbacks; provision of easements for agricultural water facilities; floodplain protection; requirements to connect to City water and sewer service; prohibition of development on steep slopes and ridgeline protection; and soil conservation provisions. These provisions also minimize public costs. The UDC contains standards for the provision of transportation, water and drainage facilities. In addition, the UDC requires compliance with relevant state requirements as well as adopted transportation, water and storm water facility plans. The amendments do not modify these requirements. All development whether reviewed under zoning or subdivision procedures are subject to the same standards. STAFF FINDINGS/CONCLUSION Planning Staff has reviewed this application for a Unified Development Code text amendment against the criteria set forth in statute and reflected in the Unified Development Code. Staff’s analysis finds that this application satisfies the required criteria. Based on the evaluation of said criteria and findings by the Planning Staff, staff recommends APPROVAL of the requested amendment. Pursuant to Section 76-2-307 Montana Codes Annotated and Article 38.36, Bozeman Municipal Code, the Zoning Commission shall review the Unified Development Code text amendment application to determine if the proposed amendment meets the requirements of the adopted Growth Policy, state statute, and other adopted state and local ordinances. The Zoning Commission shall act to recommend approval or denial of the Unified Development Code text amendment. Pursuant to Section 76-1-106 and 606, Montana Codes Annotated, and Article 38.36, Bozeman Municipal Code, the Planning Board is charged to review the Unified Development Ordinance text amendment application to determine if the proposed changes met the requirements of the adopted Growth Policy and Title 76, chapter 3, MCA. The recommendations of the advisory bodies will be forwarded to the Bozeman City Commission for consideration at its expected public hearing on August 20, 2012. The City Commission will make the final decision on the application. PUBLIC COMMENT As of the writing of this report, no public comment has been received in response to the public notification of this proposed text amendment. In the case of protest against these changes signed by the owners of 25% or more of either of the area of the lots included in the proposed change; or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of two- thirds of the present and voting members of the City Commission. 80 #Z-12163 UDC Text Amendment Staff Report Page 10 of 10 ATTACHMENTS Application Materials Draft Ordinance 1830 with proposed amendments Article regarding bicycle commuting 81