HomeMy WebLinkAboutOrdinance 12- 1830 creating 2.05.2900, 2.05.2920, wetlands, design review and amend other sections f
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
Page 1 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
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authority to zone established in Title 76, Chapter 2, Part 3, MCA and procedures and standards
for review and processing of divisions of land as required by Title 76, Chapter 3, MCA; and
WHEREAS, the proposed UDC text amendment application has been properly
submitted, and reviewed, and all necessary public notice was given for all public hearings; and
WHEREAS, the Bozeman Zoning Commission and Planning Board held a joint public
hearing on July 31, 2012 to receive and review all written and oral testimony on the request for a
UDC text amendment; and
WHEREAS, no members of the public offered comment on the proposed ordinance;
and
WHEREAS, as shown in Resolution Z-12163, the Bozeman Zoning Commission and
Planning Board recommended to the Bozeman City Commission that the proposed UDC text
amendments be approved; and
WHEREAS, after proper notice, the City Commission held a public hearing on August
20, 2012, to receive and review all written and oral testimony on the request for a text
amendment to the UDC; and
WHEREAS, the City Commission reviewed and considered the relevant UDC text
amendment criteria established by Section 76-2-304, M.C.A., and found the proposed UDC text
amendment to be in compliance with the purposes of the title as locally adopted in Section
18.02.040, BMC, and that the amendments would yield a superior outcome for the community
than the text as presently exists; and
Page 3 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 o.the 6
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;
BN4E. 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.
Page 4 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 3 8.
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.
Page 5 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"Appr-evoar-w eve terial, wer-kmanship, methed,-appliance;eenstr-tiEtion
or- eth —whiehmeets the—requir-emen€s—of this ai4iel and the approvalef-the
2. 11Auto 11
means any fflultiple dwelling er- gr-eup of dwellings, other-than btmgale
TCEr'm ""auto Fie `e�p
" 11
3. "Bungalew eeui42 means gfeup-of separate dwellings faeing dir-eetl3naeemmon
et:
14. "Campi C ear and/or- and
.,l,i,l, i eqiiipped with wheels nrsimilaf deyiees used f_r the .,,,,-pose of't..ans rt' said
Page 6 of 35
unit ffefn plaee to plaee, whether- y fnet-iv er-or--other- eans. means the use of tents,
recreational vehicles other vehicles or other shelter for temporary living quarters or
sleeping purposes. Camping does not include the occupancv of a manufactured home in
accordance with Chapter 38.
2§. "Public camp" means an approved area, lot or parcel of land regularly used or intended
regularly to be used for temporary camping tents-or- other--peFtoble shelters; Qed,
> single Y b y J + v a+vo u ueu as u >1 >,bl; •t t 4
T11T.TCCIZZriIG.
{Cede-1982 § 1 c c2 n1 m
See. 20.02.020. -Permit Fequired;appheation, fee and iss anee eonditions.
A. No per-son shall eenstfuet, establish, mai . i . :ate an atAe eotn4, Wngalew eeuft or-
shall be in vffiting, and shall state the extefA and ehar-aeter- ef the proposed arseeffiffiedations a
spaees-previded—€er-. The-appheatier shall be--preserrted-to the eit�, ,
B. Upen the n 1 4 L. h t' b tl '+. t e p 't applied f t 11
Up en YY ) � +v v++' vvauu ' ",
be grantAfter- the pen:nit has been issued, eozmplet •'l—.. ,7 speeifiefftiefis -fer cue
depaAmei4 shall plaee a stamp ef appr-eval thereen and the biii1ding inspeeter- shall then issu
building pofmit f r- the-eonstnaetien of the buildings s e A ereem. The building pe_-__ it fee&
shall be the same as r-equir-ed for other- like stfuetures ereeted in the eity. A separate building
permit shall be r-equir-ed for- eaeh separate building er- sifiiel�ufe er-eeted in sueh al�te eouf�,
(Cede 1982, R 1 G C'1 024D)
See.38 9See 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 managers judgment shall be proper, and shall be revocable by the city
manager at any time. Any area on any propegy 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, § 1 c 52 n3m
Page 7 of 35
Sections 20.02.030—Section 20.02.130 - Repealed
Sec. 20.02.140. - VioIation; 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. er
iN4ie epera4es—or- mait"ns an auto E6u 6r bungalow eetu4,o e9iistfuets, or .,Low
shall, >
be punishable by
a fine of not exceeding $300.00 or by imprisenment for-net less gian ten days and ne! mer-e than
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 seefiee
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 seetien
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
Page 8 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
Page 9 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.
4-3. 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.
6-5. 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 50/40 50/40 50/40 50/40 50/40 50/40
subsection 2 2 2 ' 2 2
C of this
section
Single-household dwelling (only See 30 30 30 30 30 30
for dwellings to satisfy subsection
requirements of chapter 10, article C of this
8) section
Two household dwelling - - 60/50 60/50 50/50 50/50 -
2 2 ? z
Accessory dwelling unit 50 50/40 60/50 60/50 60/50 60/50 -
2 2 2 z z
Dwellings in three- or four- - - - 60 60 60 -
household dwelling configurations
Townhouses 30 30 30 Width Width Width -
of of of
interi interi interi
or or or
units units units
All other uses See 50 50 50 50 50 50
subsection
C of this
section
Page 10 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 sectien 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:
A. Development ef any par-eel E)f land within the PJAH dist:-6et shall be subjeet te all applieabl-e
72, Stand ..as For- Speeifie ices,and r-23, Develep a
in addifien, ffiafPafaeIufed home eommunities will be subjeet to the
a. The Fninimum total R-N414 dis4iet afea shall be ne less than ten aer-es unless th-e
waiver-would be in the publie ifAer-est and that ene or- both ef the fellewing eendiliefis
ems:
(1) Unusual physical features ofpep,.;rt��r er- of the a
development
,te order-to ph t f'
nrrY�t-M >�n 1 or+ f v aaaaYvt4cuae to tl�rcc
neighber-heed or- 7
of
(2) ThePrepeAy is$dja`��cr R4 to or-aer-ess—the ss4eet frofn pr-epeA7 which has
been de 1 pe under the provisions of thisseetion a willt '1. the
amenities of the area;
b Waiver of the ten 11, the 't,
�"a.ay vaaa� a b ngranted
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 = C C
percent of the facility, whichever is less.
Page 11 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 seefien 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;-er
4. Parking for more than 90 vehicles.-; or
5. Larae 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 Beet a 38 1 o 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
Page 12 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 seetio 38.19.140.0
38.19.15 O.-R.
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 38.19.1201. for Reed ,..,u
the planning director may administratively extend the period for filing a final plan for-two
sueeessive 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. Aqy additional six month extensions te the planned tinit de-velopment shall be
if at eiily by the City ee :o� request � x4e e f pr-el', , ' 1a 33331JJ3 33. 1Vl1 NV Jl LlT3Z
appheant at least 3 0 ealeiidaf days prior-te the date of e*pir-atian. Failure to submit a V�Tillefl
request within the specified time per-ied shall eause feffeiWr-e of the right to exleasion 6
preliminar-y 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 offinal 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 ,we sueeess
periods of s —mei4as 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 si* mefAh extensions- to the-planned--'uinit development shall be
appr-eved, if at all, n!y by the eity A request for extension of final approval
Page 13 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 seetien 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 net be granted for any accessory structure.
Section 16
Section 38.22.030.1) of the Bozeman Municipal Code be created so that such section shall read
as follows:
D. Any accessory dwelling unit created within an accessory buildingis 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
Page 14 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
.,stab..s...,d .,y t...,.,any e ,
(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 pfopesed for use a r-eereatienal vehiele park must have anR STesidential
aaauzuea
�ur-e a homeeeffin+Hnit�, a t f
eendi4ienal use in the R-9 distrret.
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-med for lots serviced by an alley, or when
necessitated by physical features of the land as _A111-neived by subsee fien v of this section, no lot
shall have an average depth greater than three times its average width.
Section 21
Section 38.23.150.0 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.
. Genet
a. All street lighting shall be operated ,d 4 a tI 1, the euu tivaa v�
a Z7 z ci new
SILD, t4augh l vaa to an existing
development. The approval t er-ea4e or anflex t an SI D shall b granted prior- tfinal plat or- a subdivisien or nee,• i F final ' * .l
r Y� .,j. plat as uvrzccivava-
Page 15 of 35
e. Individual yar-d ligl4s aft private preperty shall not be used fer-street ligl:Aing.
(1) &` ` .7E�„ The ;11„ •,iivi�rccrdcr iefA—roi—an iyAer-seetien
5tfee it, wher-e-only y #e-light is require'-1,ashall be detei:f 3i-ne from Table
38.23 1 cn 1 based o the fianetional-ElaSSifkeafieff-ef n st+eet tipen ,.1,; i. the
light is leeated.
iS-required, ll lights shall be within the samefange fer measwed luffiefis..he
illhim�'t'oii-i$n,,;, gmeg + ml..all be-delerrined fFori Table 3Q.23.1 cn-rev-l1 for-th-e
fiiiietieftal elassifieation of the leg ef the ifiter-seetion with the highest.
req�t.
(.) ... ...,...s..e.,......, ......... ..... width .,. one er more E)rcric-icpProaczrcsriTgrcaccr
tl, or- equal to 50 feet as fneastired to the baek of,ettr-bor- edge of paveffie fit
rler -to e sii eeztaig is shall be installed a 1;, ,en ll. , ,;te
naffewer- than 50 feet, as meastir-ed to the baek of eufb or- edge of pavement, twe
Street4ights shall be installed onthe diagenally opposite eomer-s. At signalized
feet, ll , efie en eaeh eemer,
along streets in aEEordanEe with Table 3 oz3-i 5 -1r.
Table 24 23 1 Cl1 1
$mil
ClasSifieat on
T-Iff eugh
nes
Pedestrian
Co1f1i 4aintained
humens
tmirii i
Page 16 of 35
�i
Aver-age Va ties,
ial 42 High
33,000 2 cnn 2225
-2 Low 22,500 13,500 30
Calcvnceter- 42 High 22,500 1 cnn 25�0rz2-5
42 LOW 22,500 Q nnn 2n
Lee9 2 Law Win ',
AAA— 4/2 » n�ov—z�. o �t175
Ce .,l
e-enter-
G lea— 42 High 22,500 1 cnn 225/175
C 1
�ciccz
eeftter-
Leeal
— -2 High 9,500 8,000 4-59
r l
eenter-
'S4eetlig is afe r,l„required .,t :,,torso tiers a 1, eal t t
the following
llowing 1,,yei t rit ri., shall be tised-
a. When a streetlight
•r,.,�near- „lit r.tc,.•see ien, the"light shall be
leeated at the 7
]a Streetlights shall be located at p,r-epv,.t„ lifter a the extef4 pessrvlxc vni
net in avufluiet with other tilit„ o previders-,t
e. Dole spaeing .,l ng a street,,, vafy from the ritori.. of Table 24 23 1 50 1 1,
xa � ��� �
to oczi. For the uni,«:F8 9�Ye eel the ice between
7
a All proposed streets ,itt,i., the pr-epesed subdivisien, havingeulwe of inn F
requiredor longer- in length, sha4l have a streetlight in the Faiddle of the her-izen4al etlFve e
engineer;
r ter fned'. islandsL.
o r b
:tree ,, &er- then- fixed ..ljeets not 1,.,,ing ., br-e,L.,,,a designF speeds f 25miles
� .� va aau
e
f ring for- streelli his shall be , «der-gr-. d•
r Wi
� r ,
#raf€ie hazards are idei:Aified dufing plan review;
h. For- stfeets that are wider-thaR 70 feet (ftem baek ef eurb)4he r-equir-ed str-eetlights
shall .,lter.,.,te a either rid f the street
Page 17 of 35
5. &reeiligh! su pervrrstriicr'cH. The ballasts; pole t.,pe, stfength and aneh b h . a
pele fe�dation shall b ' � for the pr-epesed lighting and shall be installed per the
manufaettffer-' .
Table 38 2 l 50 2
Maintained Lumens (Minimum Maintained
Aver-age Va�
Mounting
�
9,cn��990 25 feet
L�5O0 'feet
l 7%T
33,000—''''�0 3$-feet
pathways a-ad streets loe.-Aed within the proposed develepfnei4 or along existing streets 0
r-eads abtA4ing the develepmetA, if said ipAefseetien is located in afeas ether- than lighted
iR4er-seefiens. AA pathway lights shall eemply with eity speeifleations.
T.ble 38 2 1 cn 2
Mixed vehiele and pedestrian 2-.0
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 .
Section 23
Section 38.25.020.1) of the Bozeman Municipal Code be amended so that such section shall read
as follows:
Page 18 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 a"
adepted storm drainage provisions of ewe, 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 an), adopted storm drainage provisions of
ewe, 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 I
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 capacity
Page 19 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 1 space per resident-
household/fraternity/sorority
'A 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
Qder4y (senior- ekizens) housing 1 space per unit
Community residential facility with more
than 9 residents or aae restricted housing
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 1 space per 1,000 square feet of floor area, plus 1 space
Page 20 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 1 space per 60 square feet of indoor public serving flour
rooms 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 of eff read 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 1 space per 500 square feet of sales and/or display area.
materials, equipment rental and similar) 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 1.5 spaces for each classroom, library, lecture hall and
high 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 11 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 1 space per 1,000 square feet of floor area devoted to storage of
of bulk goods 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:
Page 21 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
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 29
Section 38.25.040.A.4.b(3) of the Bozeman Municipal Code repealed:
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 aftifieial let.
the lots and building sites-deser-ibed-in section 38.26.020 n shall bestfl�eette
landseaping pr-evisions, however- if a building site is ever twe aer-es in size, the applieant
may request that the plafffiing dir-eeter er-eate a* a4ifieial !at to satisfy th- of
see4 o 3 Q 26 n,t n
dir-eeter's opinion, violate the spirit of these landseape regulaiens. An aftifieial lot .
a—Wholly-include-the-area on whieh the development is to aEew; and-
b. Have an-area�that-does site.
D. An artifieial !at need nel be
,
he be designated en plans appy-eved by
A. 4 C-. Landscape plans shall include the information required by seefie 38.41.100
B. l-: 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 4-3. The characteristics of the zones are described in The Western Garden Book,
Page 22 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 Kijyjorestry
division depaflineR4.
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 seetien 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/C A P
B-3 C P/C A P
B-2 C P/C A P
B-1 C P/C A P
UMU C P/C A_ P
REMU PUD P/C A C
R-O PUD C P C
R-4 PUD C P C
Page 23 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�eved beyond 50 perEefA of the-nar-ket value, razed or- suffeT substai4ial
damage-as-de€rr� del However, in the event of damage by fire, wind,
e.,Ah • aka er- ether- 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:
Page 24 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 see4ie 38.''�0 38.28.200.
B. The right to operate and maintain a nonconforming structure shall terminate when the
structure is destroyedv any means to an extent of more than fifty (50) percent of its
replacement cost at the time of destruction reme vea heyeau 50 pvavv„u of the market l ,
raor-zed substantially damage . However, in the event of damage by fire, wind, ,,.,.-th,,, aka er
egier-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£eefien 10.02.020.
Cede (In4emational Code Couneil, 5360 South Wer-kman Mill Read, Aqlit4ier-, Galifeffiia)
Page 25 of 35
adopted by the eity.
3. The building pefmit shall be obtained--by applieation to thebuilding offl
dimensions and shape of the lot le be built pen; the legal-deseriptien-erthe par-eel, the
exaet sizes and leealien en the !at ef buildings air-eady existing, if any; the leeatien and
plan er-sketeh plan as appr-eved under-artieles 19, 20, ete., of this ehapter-.
Q. One ,Vryef the plans shall be fetumed to the ultlie :tafter- UV building offleia a
same by their- signatur-es. The seeand eopy similarly maAed shall be- -etainc by the
building depaftment.
S. Appr-eved of aR�, plan that has been granted based upon false infeFmalien pr-evided by
63. 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 addifiena4 year- ffem the plaFmiag dir-eeter-. in &ueh instances, the planning dir-eeter- shall
deteFmine that the terms and eifewnstanees have not signifieantly ehanged siiiee the initial
appr-eval•
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 See4en 10.02.020, if the build* t eM
work auLh eaazed-by sueh permit has not e V-.LLrVsVed within 180 Vale TR'Cr- days TfTVTrtTc—date VLor- will be made in the er-iginal plans and speeifieations fer- the any time aftef the wer-k is eemmeneed for- a period of 120 ealendar- days. Befer-e sueh work ean
be r-eeeFmneneed, a hall first be obtained te do se, and the fee ther-efer- shall be ene
and pr-evided ful4her- that
7
sideh suspension or abandepu-nen4 has net eNeeeded one ye
Section 40
Section 38.38.030 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Page 26 of 35
See. 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;
Page 27 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 €ive-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 eommission 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
Page 28 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 eleffients shall be ineluded in nefiees req+Ar-ed for- site plan&,-
develepfneftts, deviati -s-and subdivisions!
the board of ndjustfneR4 or raity ce i i 'A net b making the fined ,7
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.
Page 29 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 Days Maximum Days Distance Notice Type
Text amendment 15 45 NA Newspaper once
ZMA2 15 45 200 Newspaper once,
post on-site, mail
1 st class
ZMA - Resulting 15 45 None Newspaper once
from ordinance
changes
ZMA - 15 45 None Newspaper once,
Annexation w/ post on-site, mail
initial zoning 1 st class
Variance - 15 45 200 Newspaper once
Floodplain, (zoning 2 times),
zoning, and post on-site, mail
subdivision 1 st class
Publieager-ey 15 45 None Newspaper 2
exemptien times, post on-site
Noticing for 76-2-
402, MCA claims
Deviation 15 45 200 Newspaper 2
times, post on-
site, mail 1 st class
Appeals' 15 45 200 Newspaper 2
times, post on-
site, mail 1 st class
Sketch None None None None
plan/reuse/change
in use/further
development
Sketch plan 15 45 None Post on-site
Informal/concept None None None None
plan
Preliminary site 15 45 200 Post on-site, mail
plan or master site 1st class
plan
Preliminary PUD' 15 45 200 Newspaper 2
times,post on-
site, mail 1 st class
Preliminary CUP 15 45 200 Newspaper 2
times, post on-
Page 30 of 35
site, mail 1 st class
Floodplain permit 15 45 200 Newspaper, mail
1 st class
COA 7 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 None None None None
exemption
1 st minor 15 45 200 Mail 1 st class
subdivision
without variance-
preliminary
plat/Extensions of
subdivision
gpprovals beyond
two years
1 st minor 15 (Planning 45(Commission) 200 Newspaper',post
subdivision with Board) on-site, mail 1st
variance/2nd class9, certified
minor/major mail E°
subdivision -
Preliminary plat
Final plat None None None None
Notice of 15 45 None Post on-site,
violation 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, A41—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:
Page 31 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:
See.38.42.240. —Ar-til eial let.
An area within a legally existing lot that is delineated bY the plannkig dir-eeter- fer- the sole
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 ... iel 33 er,>^: chapter 2 article 5 of the municipal code with duties as
described. ,a k4 a 1, t it eh oa it the de sib" defined
uiau uYYvauwu v�' nazi-ari ", ",
this ai4iele, of eei4ain plans and proposals as speeified in thig
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 cijy through a planned unit development. A deviation Riay be
granted only by+he eity
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
Page 32 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�� ' z, 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:
See. 38.42.3050. Substantial damage.
Page 33 of 35
Damage sustained by a str-tietwe wher-e the eest ef restoring the stfueture to its eefidition before-
damage would equal er-exeeed 50 per-eent ef the ffiar-ketvalue of the stnaetur-e befer-e the damage
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.
Page 34 of 35
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 10`" day of September, 2012.
SEAN A. BECKER
Mayor
ATTEST: ,< d
ST Y UL ;C C =�
Ci Clerk
1883 �'
i��[\ C�• t
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 24"'
day of September, 2012. The effective date of this ordinance is
SEAN A. BECKER
Mayor
ATTEST:
4
S Y. WN, CM4C.
APPROVED AS TO FORM:
. 1 83
-
.,r� ` ' ',tip•'
A'Co. -"tv
GIWG SULLIVAN
City Attorney
Page 35 of 35