HomeMy WebLinkAboutChapter_42 Development Standards
Title 18
Chapter 42
DEVELOPMENT STANDARDS
Sections:
18.34.010 General Standards
18.34.020 Neighborhood Centers
18.34.030 Lot
18.34.040 Blocks
18.34.050 Utilities
18.34.060 Easements
18.34.070 Municipal Water, Sanitary Sewer, and Storm Sewer Systems
18.34.080 Grading and Drainage
18.34.090 Fire Protection Requirements
18.34.100 Watercourse Setback
18.34.110 Ridgelines and Viewsheds
18.34.120 Mail Delivery
18.34.130 Fences, Walls, and Hedges
18.34.140 Off-street Loading Berth Requirements
18.34.150 Lighting
18.34.160 Outdoor Storage
18.34.170 Trash and Garbage Enclosures
18.34.180 Provision of Affordable Housing
18.42.010 General Standards
A. Conformance. The design and development of all land uses shall conform to this
title, adopted growth policies, any relevant adopted neighborhood or subarea plan,
and other resolutions and regulations, including any and all amendments thereto.
B. Natural Environment. The design and development of all land uses shall be
properly related to topography, and should, to the extent possible, preserve the
natural terrain, natural drainage, existing topsoil, trees, and other existing
vegetation.
C. Lands Unsuitable for Development. Land which the Planning Director or City
Commission has found to be unsuitable for development because of potential
hazards such as flooding, land slides, excessive slope, rock falls, subsidence, high
water table, presence of wetlands, or because of unreasonable burdens on the
general public such as requirements for the excessive expenditure of public funds,
environmental degradation, or congestion in the streets or roads shall not be used
for building or residential purposes unless the hazards or excessive public burdens
are eliminated or will be overcome by appropriate design and construction plans.
Slopes of 25 percent or greater shall be presumed unbuildable unless proved
otherwise by the developer. (Ord. 1645 ~ 1, 2005)
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18.42.020 Neighborhood Centers
To provide a neighborhood focal point, all residential subdivisions or planned unit
developments, that are 10 net acres in size or greater, shall have a neighborhood center.
Developments may be exempted from this requirement if every lot within the development is
within one-half mile of an existing neighborhood center. Generally, the center shall be no less
than one acre in size. The center shall be comprised of a park, square, green, plaza, transit stop,
neighborhood commercial center, civic use, or any combination of these. The following
requirements shall apply to all neighborhood centers:
A. The geographic center point of the neighborhood center shall be no further than 600
feet from the geographic center point of the development. This requirement may
be waived in the following circumstances:
1. The development would create parcels that are all nonresidential;
2. The center is a neighborhood commercial center or is adjacent to a
neighborhood commercial center;
3. The site is constrained by the presence of critical lands; or
4. The site is part of an approved subarea plan that shows the center in a
different location.
B. With the exception of civic and neighborhood commercial center uses, the
developer shall be responsible for installing all center-related improvements as part
of the required development improvements. Improvements shall be installed with
each phase when a multiMphase project is developed. Required improvements shall
be based on the definition of each feature found in Chapter 18.80 and/or city
standards.
C. The neighborhood center shall generally have streets along at least 75 percent, but
not less than 50 percent, of the perimeter.
D. With the exception of civic and neighborhood commercial center buildings and
grounds, the center shall be considered a common area to be owned and
maintained by the property owners or a property owners association. The property
owners association could establish an improvement district to collect assessments
to pay for the maintenance.
E. Areas within neighborhood centers used for park, square, or green and/or square
that meet the following criteria, may count towards park land dedication
requirements subject to review and approval by the City Commission, after receiving
a recommendation from the Bozeman Recreation and Parks Advisory Board:
1. The area is predominantly open space with enhanced natural features but
may contain amenities such as sidewalks, seating, drinking, and
ornamental fountains and public art; and
2. The area provides active and/or passive recreation opportunities.
F. The neighborhood center may be used for limited stormwater retention/detention
facilities if reviewed and approved by the City Engineer. However, any part of the
center used for stormwater management shall not count towards park dedication
requirements. (Ord. 1645 ~ 1, 2005)
18.42.030 Lot
A. Dimensions and Orientation. Lot size, width, shape, and orientation shall be
appropriate for the location and contemplated use of the development. In
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residential developments, a variety of lot sizes shall be provided to facilitate housing
diversity and choice and to meet the projected requirements of people with different
housing needs. Lot designs with irregular shapes, narrow necks, points, and flag
shapes shall be permitted only when the developer can demonstrate that the
proposed lot designs are necessary due to topography or other physical constraints.
Each lot shall contain a satisfactory building site adequate for the uses permitted in
its zoning district. Each lot shall conform to this title, any growth policies, any
relevant neighborhood or subarea plan, where officially adopted, and to any
applicable regulations of the Montana Department of Environmental Quality.
B. Division by Rights-of-Way. No single lot shall be divided by a public street, alley,
or public or private utility rightMofMway or easement, which would reduce the amount
of buildable land to less than the minimum lot size required by this title for the
applicable zoning district
C. Double/Through Frontage and Reverse Frontage. Double/through frontage and
reverse frontage lots shall be avoided except where essential to provide separation
of residential development from arterial streets; to provide access to development
adjacent to limited access streets; to overcome topography or other physical
conditions; or to overcome specific disadvantages of existing design and orientation.
Lots fronting on a street and an alley shall not be considered double/through or
reverse frontage lots.
D. Corner Lots. Corner lots shall have sufficient width to permit appropriate building
setbacks from both streets and provide acceptable visibility for traffic safety.
1. Generally, homes on corner lots shall have the same orientation as homes
on lots on the interior of the block, unless otherwise approved through an
overall development plan. Covenants shall contain information regarding
the orientation for all corner lots.
E. Width. Lots shall have a width sufficient to allow normal construction without the
construction encroaching on property lines and shall comply with the building
setback requirements of this title.
F. Depth. Except for individual lots for individual townhomes, and for modular lots as
allowed by Subsection 18.42.030.K, of this chapter, no lot shall have an average
depth greater than three times its average width.
G. Side Lot Lines. Side lot lines shall be at substantially right angles to street or road
lines and radial to curved street or road lines.
H. Frontage. Unless otherwise allowed by this title, all lots will have frontage, in
compliance with ~ 18.44.090.8, to provide, among other things, adequate room for
snow removal, lot access, and utility easements.
I. Civic Uses. If lots are reserved or identified for civic uses, these lots must be
prominent sites at the termination of street vistas, or in the neighborhood center.
J. Modular Lotting. To promote the development of diverse residential and
commercial land uses and to provide consumer choice and flexibility, a modular
lotting system may be used when subdividing land. If a modular lotting system is
used, the following requirements apply:
1. Lots shall generally be 25 feet in width;
2. Lots shall be no less than 125 feet and no more than 175 feet in length;
and
3. A water and sewer service shall be provided to every other lot, unless
attached townhomes on individual lots are constructed, then a water and
sewer services shall be provided for every lot;
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4. Modular lots created under the provisions of this chapter shall remain in an
ownership so that they comply with required zoning standards for area,
width, etc., as required by ~ 18.60.030.
K. Exceptions. Commonly owned lots used for accessory uses (Le., stormwater
management, open space, utilities) are exempt from the provisions of this section.
(Ord. 1645 ~ 1, 2005)
18.42.040 Blocks
A. Size and Orientation. Blocks shall be designed to assure a high level of multimodal
connectivity, traffic safety, and ease of traffic control and circulation; to
accommodate the special needs of the use contemplated; and to take advantage
of the limitations and opportunities of the topography.
B. Block Length. Block length shall not be designed, unless otherwise impractical, to
be more than 400 feet in length or less than 300 feet in length. Block lengths can
be longer than 400 feet if necessary due to topography, the presence of critical
lands, access control, or adjacency to existing parks or open space. In no case
shall a block exceed 1,320 feet in length.
C. Block Width. Blocks shall not be less than 200 feet or more than 400 feet in width,
except where essential to provide separation of residential development from a
traffic arterial or to overcome specific disadvantages of topography and orientation.
D. Rights~OfMWay for Pedestrians. Rights~ofMway for pedestrian walks, not less than
10 feet wide, shall be required where deemed necessary to provide circulation or
access to parks, open space, schools, playgrounds, shopping centers,
transportation, and other community facilities. In addition, no continuous length of
block shall exceed 600 feet without intersecting a street or pedestrian walk.
Pedestrian walks shall also be installed at the end of cul-de-sacs where deemed
appropriate.
1. Yards adjacent to pedestrian walks shall be treated as corner side yards;
2. The pedestrian walks shall be maintained by the adjacent property
owner(s) or by the property owners association. The party responsible for
maintenance of pedestrian walks shall be identified in the preliminary plat
application; and
3. Pedestrian walks shall be constructed as a city standard sidewalk, and the
provisions of ~ 18.44.080 shall apply.
E. Developments which have clearly delineated blocks shall use block numbers or
letters, and each block shall contain its own grouping of lot numbers. (Ord. 1645 ~
1, 2005)
18.42.050 Utilities
A. Utilities shall be placed underground, wherever technically and economically
feasible. Underground utilities, if placed in a street right-of-way, shall be installed
after the street has been brought to grade and before it is surfaced.
B. If overhead utility lines are used, they shall be located at the rear property line.
C. Utility facilities shall be designed by utility firms in cooperation with the developer.
The facilities are subject to all applicable laws, rules, and regulations of the
appropriate regulatory authorities.
D. The developer shall provide adequate and appropriate utility easements in
compliance with ~ 18.42.060 of this chapter. (Ord. 1645 ~ 1, 2005)
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18.42.060 Easements
A. Required Easements. Where determined to be necessary, public and/or private
easements shall be provided for private and public utilities, drainage, vehicular, or
pedestrian access, etc.
1. In subdivisions, all easements shall be described, dimensioned, and shown
on the final plat in their true and correct location.
2. In all other developments, the proper easements documents shall be
prepared for review and approval by the City of Bozeman and filed at the
County Clerk and Recorder's Office. The easement documents shall be
accompanied by an exhibit indicating the dimensions, and true and correct
location, of all easements.
3. No lot shall be encumbered by a public or private utility easement in a way
that would decrease the amount of buildable land to less than the area
required by this title for the applicable zoning district.
B. Private Utility Easements. Private utilities include, but are not limited to, natural gas,
electricity, telephone, cable, and fiber optic lines. The developer shall provide
private utility easements necessary to extend private utilities to the development and
to provide for the construction and maintenance of private utilities within the
development.
1. General
a. Building setbacks shall be coordinated with all provided utility
easements. If a utility easement will be greater than the building
setback required by this title, a note to that effect shall be placed
on the final plat and/or final site plan as appropriate.
b. Where a utility easement is to be located in an existing, dedicated
right-ofMway, an encroachment permit must be obtained from the
local or state street or road department having jurisdiction.
c. If placed in a city right-of-way, easements shall be in a location
required by, and agreed upon in writing by, all of the appropriate
utility companies and the City Commission.
2. Easement Size
a. Front Yard Utility Easements. Front yard utility easements shall
be 10 feet wide, and shall always be provided unless written
confirmation is submitted to the Planning Department from ALL
utility companies providing service indicating that front yard
easements are not needed.
b. Rear Yard Utility Easements. The provision of rear yard utility
easements is not mandatory unless they are required by any or all
of the utility companies to adequately serve the development. If
provided, rear yard utility easements on each lot shall be 6 feet
wide if adjacent to a public alley and 10 feet if not adjacent to a
public alley.
c. Side Yard Utility Easements. The provision of side yard utility
easements is not mandatory unless they are required by any or all
of the utility companies to adequately serve the development. If
provided, the width of the side yard utility easement shall be
determined on a case-by-case basis based on the needs of the
utility companies.
3. Private Utility Plans
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a. When the concurrent construction option will be used, based on
the provisions of ~ 18.74.030.D of this title, private utility plans
shall be included with the preliminary PUD submittal.
b. Private utility plans shall be provided with any plans and
specifications submittals for the construction of new water, sewer,
or street infrastructure as specified in the City's Design Standards
and Specifications Policy.
4. No building shall be constructed that encroaches on a private utility
easement unless written approval from ALL utility companies is provided
to the Planning Department.
C. Public Utility Easements. Public utilities include water, sewer, and stormwater
facilities that are dedicated to and maintained by the City of Bozeman.
1. A public utility easement shall be granted for all public utility mains not
located within public street right-of-way. An easement shall be at least 30
feet wide for either one or two utility mains. An additional 1 0 feet of width
is required for each additional main that occupies the easement. Wider
easements may be required at the discretion of the City of Bozeman for
large utility lines.
2. Public utility easements shall be provided for all meter pits and fire
hydrants maintained by the City of Bozeman.
3. No permanent structures shall be placed within public utility easements
unless an encroachment permit has been obtained from the City of
Bozeman.
D. Easements for Agricultural Water User Facilities
1. Except as noted in Subsection 2 below, the developer shall establish
appropriate irrigation facility easements that:
a. Are in locations of appropriate topographic characteristics and
sufficient width to allow the physical placement and unobstructed
maintenance of active open ditches or below ground pipelines.
The easement shall facilitate the delivery of water for irrigation to
persons and lands legally entitled to the water under an
appropriated water right or permit of an irrigation district or other
private or public entity formed to provide for the use of the water
right.
(1) The easements shall ensure the conveyance of irrigation
water through the land to be developed to lands adjacent
to or beyond the development's boundaries in quantities
and in a manner that are consistent with historic and
legal rights; and
(2) A minimum easement width of 10 feet is required on
each side of irrigation canals and ditches;
b. Are a sufficient distance from the centerline of the irrigation facility
to allow for construction, repair, maintenance, and inspection of
the ditch or pipeline; and
c. Prohibit the placement of structures or the planting of vegetation
other than grass within the irrigation facility easement without the
written permission of the facility owner.
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2. The developer need not establish irrigation facility easements as provided
above if the following provisions were met or will be met via the subdivision
process:
a. The average lot size is one acre or less and the subdivider
provides for disclosure, in a manner acceptable to the City
Commission, that adequately notifies potential buyers of lots that
are classified as irrigated land and may continue to be assessed
for irrigation water delivery even though the water may not be
deliverable; or
b. The water rights are removed or the process has been initiated to
remove the water rights from the subdivided land. If the water
rights have been or will be removed from the land within the
development it shall be denoted on the preliminary plat. If
removal of water rights is not complete upon filing of the final plat,
the subdivider shall provide written notification to prospective
buyers of the intent to remove the water right and shall document
that intent, when applicable, in agreements and legal documents
for related sales transactions.
3 The realignment or relocation of active irrigation ditches or pipelines is
discouraged. If an irrigation facility or points of diversions thereon is
proposed to be realigned or relocated, the developer's professional
engineer shall certify, prior to final plat or final plan approval, that the water
entering and exiting the realigned or relocated irrigation facility is the same
quality and amount of water that entered or exited the facility prior to
realignment or relocation.
4. Stormwater from a development shall not be discharged to an irrigation
facility.
5. As land is converted from agricultural to urban uses and irrigation ditches
are no longer in use, the ditches shall be abandoned and filled.
E. Other Easements. Public access easements for streets and trails shall be provided
in accordance with the provisions of Chapters 18.44 and 18.50. (Ord. 1645 ~ 1,
2005)
18.42.070 Municipal Water, Sanitary Sewer, and Storm Sewer Systems
A. General. All municipal water supply, sanitary sewer and storm sewer system
facilities shall comply with the following requirements:
1. The developer shall install complete municipal water and sanitary sewer
system facilities, or a system allowed by ~ 18.38.030.D, and may be
required by the City to install municipal storm sewer system facilities.
These systems shall be installed in accordance with the requirements of
State Department of Environmental Quality and the City of Bozeman and
shall conform with any applicable facilities plan. The City of Bozeman's
requirements are contained in the Design Standards and Specifications
POlicy and the City of Bozeman Modifications to Montana Public Works
Standard Specifications, and by this reference these standards are
incorporated into and made a part of these regulations. The developer
shall submit plans and specifications for the proposed facilities to the City,
and to the State Department of Environmental Quality, and shall obtain
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their approvals prior to commencing construction of any municipal water,
sanitary sewer, or storm sewer system facilities.
2. The cutting of any city street shall be done in compliance with the City's
street cut policy.
3. When a proposed development adjoins undeveloped land, and municipal
infrastructure mains would reasonably pass through the new development
to the undeveloped land, municipal infrastructure mains shall be arranged
to allow the suitable development of the adjoining undeveloped land.
Municipal infrastructure mains within the proposed development shall be
constructed to the boundary lines of the tract to be developed, unless
prevented by topography or other physical conditions, in which case a
subdivision variance must be approved by the City Commission.
B. Municipal Water Supply System - Additional Requirements. Municipal water supply
system facilities shall also apply with the following requirements:
1. When the City's municipal water main is extended, the length of a dead
end water main typically shall not exceed 500 feet in length, unless
approved in writing by the City Engineer and the Water and Sewer
Superintendent.
2. The length of service lines from the main to the structure may not exceed
150 feet in length, unless approved in writing by the City Engineer and
Water and Sewer superintendent. (Ord. 1645 ~ 1,2005)
18.42.080 Grading and Drainage
A. The developer shall install complete drainage facilities in accordance with the
requirements of State Department of Environmental Quality and the City of
Bozeman, and shall conform with any applicable facilities plan. The City of
Bozeman's requirements are contained in the Design Standards and Specifications
Policy and the City of Bozeman Modifications to Montana Public Works Standard
Specifications, and by this reference these standards are incorporated into and
made a part of these regulations. The developer shall submit plans and
specifications to the City of Bozeman and to the State Department of Environmental
Quality (if applicable), and shall obtain their approvals prior to commencing
construction of any drainage system facilities.
B. Provisions shall be made for the control and drainage of surface water around
buildings. Generally, all lots and street boulevard areas shall be graded no lower
than the back of curb or level of street, whichever is applicable, prior to final plat or
final occupancy approval as appropriate. Exceptions may be granted by the City
Engineer when adequate drainage facilities are provided. All drainage plans shall
comply with the requirements of the International Building Code and International
Residential Code as adopted by the City, and by this reference these standards are
incorporated into and made a part of these regulations.
C. Drainage systems shall not discharge into any sanitary sewer facility or agricultural
water user facility.
D. Stormwater retention or detention ponds may be located within public park land, but
such areas shall not count towards the park land dedication requirement. Any
stormwater ponds located on park land shall be designed, constructed and/or added
to so as to be conducive to the normal use and maintenance of the park.
Stormwater ponds shall not be located on private lots. Stormwater retention or
detention ponds shall be maintained by the property owners association.
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E. The City Commission may require the developer to establish easements or other
perpetual controls to prevent encroachment or disruption of drainageways or
facilities.
F. Stormwater facilities shall generally not occupy more than one.third of a required
front yard. (Ord. 1645 ~ 1, 2005)
18.42.090 Fire Protection Requirements
All developments shall be planned, designed, constructed, and maintained so as to minimize
risk of fire and to permit the effective and efficient suppression of fires in order to protect persons
and property.
A. The placement of structures shall minimize the potential for flame spread and permit
adequate access for fire fighting equipment; and
B. Adequate fire fighting facilities shall be provided, including an adequate and
accessible water supply and water distribution system.
1. National Fire Protection Association (NFPA) standards for hydrant systems
shall be met.
2. City of Bozeman's requirements as contained in the Design Standards and
Specifications Policy and the City of Bozeman Modifications to Montana
Public Works Standard Specifications shall apply. (Ord. 1645 ~ 1, 2005)
18.42.100 Watercourse Setback
Where a development is crossed by or is adjacent to a watercourse, the developer shall
mitigate the impacts of the development on the watercourse. This mitigation may not be less
restrictive than the requirements of the Bozeman Floodplain Regulations or any other applicable
regulation of this title. The purpose of this mitigation is bank stabilization; sediment, nutrient, and
pollution removal; and flood control.
A. Setback for Developments Granted Preliminary Plan or Plat Approval Prior to July
10,2002. These provisions shall apply to all developments granted preliminary plan
or plat approval prior to July 10, 2002, including applicable subdivision exemptions:
1. Setbacks. A minimum 1 OOMfoot setback shall be provided along both sides
of the East Gallatin River. A minimum 35 foot setback shall be provided
along both sides of all other watercourses.
a. A portion of the required setback, immediately adjacent to the
ordinary high water mark, shall be left in a natural vegetative state
as follows:
(1) East Gallatin River - 50 feet;
(2) Other Watercourses - 5 feet;
b. No fence, residential or commercial structure, fill material, parking
lot or other similar improvements shall be located within required
watercourse setbacks.
B. Setbacks for Developments Granted Preliminary Plan or Plat Approval On or After
July 10, 2002. These provisions shall apply to all developments granted preliminary
plat or plan approval on or after July 10, 2002.
1. In the event a site with an existing development, that is subject to ~
18.42.100.A, is submitted to the City for a review subject to Chapters
18.34, 18.36, and 18.60, after July 10, 2002, the proposed development
shall comply with ~ 18.42.100.B, to the extent reasonably feasible given
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the existing site conditions. The final approval body for the proposed
development shall determine the extent that is reasonably feasible, subject
to any appeal provisions that may apply. Such administrative relief shall
not reduce setbacks below those provided for in Section A. It is the intent
of this subsection that full compliance with the terms of ~ 18.42.1 OO.B shall
be achieved over time without unduly burdening existing development.
2. In addition to any relaxation of watercourse setbacks provided by
Subsection 18.42.100.B.1 of this section, nothing in this section shall
prohibit an owner of affected property from:
a. Applying for a variance to dimensional standards of the
watercourse setbacks as allowed by and subject to the
requirements of Chapter 18.66;
b. When applicable, seeking a deviation to dimensional standards
of the watercourse setback as allowed by and subject to the
requirements of Chapters 18.28, 18.30, or 18.36;
c. Combining two or more lots to assemble a larger and more usable
parcel;
d. Petitioning the Montana Department of Fish, Wildlife, and Parks
and the Gallatin County Water Conservation District to seek the
reclassification of the relevant watercourse as an irrigation facility
not subject to the requirements of this section;
e. After receipt of required permits relocating the watercourse; or
f. Pursuing any other lawful means of relief from the effects of this
section.
3. Setbacks. Unless otherwise specified in ~ 18.42.100.B.6, the following
setback requirements shall be met:
a. East Gallatin River. A minimum 100Mfoot setback shall be
provided along both sides of the East Gallatin River.
b. Sourdough/Bozeman Creek and Bridger Creek. A minimum
75-foot setback shall be provided along both sides of
Sourdough/Bozeman and Bridger Creeks.
c. Other Watercourses. A minimum 50 foot setback shall be
provided along both sides of all other watercourses.
4. Additional Requirements:
a. The setback shall extend to the edge of any delineated 100-year
floodplain if the floodplain is larger than the setbacks established
in ~ 18.42.1 00.B.3;
b. The setback shall include adjacent wetlands. The buffer width
shall be extended by the width of the wetland;
c. Slopes 25 percent and over do not count towards the width of the
setback; and
d. Two feet shall be added to the setback width for each percent of
average slope greater than 5 percent and less than 25 percent.
The percentage of slope shall be based on the average slope of
the setback, exclusive of areas with slopes 25 percent and over.
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5. No newly constructed residential or commercial structure, addition to an
existing structure, fence, deck, fill material (other than that required for
exempt uses), parking lot or other impervious surfaces, or other similar
improvements shall be located within required watercourse setbacks,
unless approved through, and in conformance with, a variance or deviation
process as authorized in this title.
6. Exceptions. The watercourse setback is divided into two zones. Zone 1
consists of the 60 percent of the setback closest to the watercourse, and
Zone 2 consists of the 40 percent of the setback furthest from the
watercourse.
a. OnMsite stormwater treatment facilities may be located in Zone 2.
b. Trails and trail-related improvements may be placed within the
required watercourse setback subject to the following provisions:
(1) Trails, and trailMrelated improvements such as benches
and trail signage, may be placed in Zone 2;
(2) Limited, non-looping developed spur trails to the water's
edge may cross all zones. Benches and limited
informational/interpretive signage may be placed in Zone
1 at the terminus of spur trails;
(3) Due to topography, avoidance of wetlands, or other
geographical constraints portions of non-spur trails may
need to be placed within Zone 1. Trail construction within
Zone 1, inclusive of watercourse crossings and spur
trails, per each side of the watercourse may not exceed
the length of 300 percent of the width of the applicable
watercourse setback per 500 lineal feet of watercourse;
(4) All trails must be constructed to minimize bank instability,
sedimentation, or nutrient and pollution runoff. Trails
shall be aligned to minimize damage to plant and wildlife
habitat; and
(5) Trails crossing the watercourse and trailMrelated bridge
structures may be located within all zones provided that
the appropriate local, state, and federal permits are
obtained.
c. Streets, sidewalks, utility lines, or similar public construction may
be permitted within all zones for the purpose of crossing a
watercourse or protecting public health and safety. The following
practices shall be observed:
(1) Crossings shall be minimized to the greatest extent
feasible;
(2) Crossings with direct angles (90 degrees) shall be used
to the greatest extent feasible instead of oblique crossing
angles;
(3) Construction shall be capable of withstanding 100-year
flood events;
(4) The subdivision grading and drainage plan shall be
designed to prevent the discharge of untreated
stormwater into a watercourse; and
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(5) A bank stabilization plan for all public construction
watercourse crossings shall be prepared and approved
by the City prior to site preparation and installation of the
improvement(s).
d. Outlets from stormwater treatment facilities may pass through all
zones in order to discharge to the receiving watercourse, provided
that all required permits are obtained.
e. Activities required within limits outlined in any approved noxious
weed control plan may occur in all zones.
7. Setback Planting. A setback planting plan shall be prepared by a qualified
landscape professional and shall be reviewed and approved by the
Planning Department prior to the commencement of development or site
preparation. The plan shall include a schedule, and plantings shall be
depicted on the plan as follows:
a. Zone 1 :
Thirty percent of Zone 1 shall be planted with native riparian
sedges, forbs, and grasses, and the remaining 70 percent
shall be planted with a mix of new or existing trees and/or
shrubs. Trees shall be spaced 25 to 35 feet apart depending
on the species. Shrubs shall be spaced 5 to 15 feet apart
depending on the species. Tree and shrub species selected
shall be suitable for the climate and for planting in a riparian
area with an emphasis on native species. The Natural
Resources Conservation Service (NRCS) and the Gallatin
Local Water Quality District (LWQD) are good sources of
landscaping materials and/or landscaping information.
b. Zone 2:
Zone 2 shall be planted with new or existing native grasses
suited for a riparian area. The Natural Resources
Conservation Service (NRCS) and the Gallatin Local Water
Quality District (LWQD) are good sources of landscaping
materials and/or landscaping information.
c. To prevent soil erosion and the invasion of noxious weeds, the
watercourse setbacks on all land proposed for development shall
be covered with existing vegetation or shall be seeded with native
grasses as soon as seasonally feasible or prior to
commencement of any site development or site preparation work.
d. Planting materials are exempt from the size requirements of ~
18.48.050.G.3 of this title.
8. Except for as otherwise allowed in ~~ 18.42.100.B.6 and B.7, no
disturbance of soils and existing vegetation shall occur in all zones.
C. Other Provisions
XVIIIM42 p12 10/2005
1. All watercourse setbacks shall be measured from the ordinary high water
mark as defined in these regulations. When no ordinary high water mark
is discernible, setbacks shall be measured from the top of the stream bank.
2. The watercourse setback shall be depicted on all preliminary and final plats
and plans.
3. These provisions do not apply to agricultural uses, including lands enrolled
in the conservation reserve program (CRP), activities, and structures that
existed prior to the effective date of these regulations. Any agricultural
uses, activities, or structures established after the effective date of these
regulations shall comply with these regulations. An agricultural use,
activity, or structure shall be considered abandoned if not used for
agricultural purposes for more than 180 consecutive days. (Ord. 1645 ~ 1,
2005)
18.42.110 Ridgelines and Viewsheds
For the purpose of having structures blend more naturally into the landscape rather than
being a prominent focal point, ridgeline protection areas are established. These areas are
defined in Chapter 18.80 and are identified and designated based on topographic characteristics.
The Bozeman Ridgeline Map identifies areas with a high likelihood of meeting the standards for
ridgelines.
A. All buildings located within a ridgeline protection area shall be set back from the
ridgeline a distance not less than 3 times its height above grade. The distance of
the setback shall be measured perpendicular from the ridgeline.
1. Exception. In the event a building permit is sought for a lot approved or
created prior to the effective date of this ordinance, January 1, 2004, the
proposed development shall comply with this section to the extent
reasonably feasible given the lot dimensions, orientation, and other
characteristics. The final approval body for the proposed development
shall determine the extent that is reasonably feasible and may relax the
special setback required by this section, subject to applicable appeal
provisions. Such administrative relief shall not reduce setbacks below
those required elsewhere in this title. (Ord. 1645 ~ 1, 2005)
18.42.120 Mail Delivery
If mail delivery will not be to each individual lot within the development, the developer shall
provide an off-street area for mail delivery within the development in cooperation with the United
States Postal Service. It shall not be the responsibility of the City to maintain or plow any mail
delivery area constructed within a city right-of-way. (Ord. 1645 ~ 1, 2005)
18.42.130 Fences, Walls, and Hedges
A. Location and Height. Except as provided in ~ 18.44.100, fences, walls, and hedges
in any district may be located on lot lines, provided such fences, walls, and hedges
comply with the following height requirements:
1. Do not exceed 6 feet in height in any required rear or required side yard.
Fences exceeding 6 feet in height shall be subject to the minimum yard
requirements of the district in which such fences are located. Decorative
post caps may exceed the height limit by no more than 1 additional foot.
Fences in excess of 6 feet in height require a building permit before
installation may commence. Fences may not exceed 8 feet in height;
XVIII-42 p13 10/2005
---...--
2. Do not exceed 4 feet in height in any required front yard or any portion of
a required corner side yard that is forward of the rear edge of the building
facade nearest the corner side yard;
3. Fences used in an agricultural pursuit to retain stock animals or for public
safety shall be excepted.
B. Relation to Linear Parks. Fences located in the rear or side yard setback of
properties adjoining any Bozeman linear park shall have a maximum height of 4
feet.
C. Construction and Maintenance. Every fence or wall shall be constructed in a
substantial, workman-like manner and of substantial material reasonably suited for
the purpose for which the fence or wall is proposed to be used. Every fence or wall
shall be maintained in a condition of reasonable repair and shall not be allowed to
become and remain in a condition of disrepair, damage, or unsightliness, or
constitute a nuisance, public or private. Any such fence or wall which is, or has
become, dangerous to the public safety, health, or welfare, or has become unsightly
through improper maintenance or neglect, is a public nuisance and the Building
Official shall commence proper proceedings for the abatement thereof.
D. Barbed Wire and Electric Fences
1. No barbed wire or similar sharp fencing or electric fences shall be
permitted, except in R-S districts; except that barbed wire or other similar
sharp fencing materials may be used on the top of security fences in M-1
and M-2 districts.
2. When electrically charged fences are used in an R-S district, such fences
shall be posted with warning signs at intervals not to exceed 150 feet
where such fences are adjacent to public rights-ofMway.
E. Measuring Fence and Wall Height. In case of a fence erected on top of a retaining
wall, the height shall be measured from the grade of the high side of the wall.
F. "Finished" Side Out. Any fence or wall constructed so as to have only one elevation
"finished," which shall be defined as not having its supporting members significantly
visible, shall be erected such that the finished elevation of the fence is exposed to
the adjacent property.
G. Fencing of Utilities and Outdoor Storage Areas
1. All utility substations, wells, storage facilities or other utilities shall be
screened from view by a wall, fence, hedge, or landscape screen.
2. All storage for commercial operations shall be conducted within a
completed enclosed building or within an area completely enclosed, except
for access points, by a wall, fence, hedge, or landscape screen at least 6
feet in height. (Ord. 1645 ~ 1, 2005)
18.42.140 Off-street Loading Berth Requirements
A. Affected Uses. Every hotel, restaurant, department store, freight terminal or railroad
yard, hospital or sanitarium, industrial plant, manufacturing establishment, retail
establishment, storage warehouse or wholesale establishment, and all other
structures devoted to similar mercantile or industrial pursuits, which has an
aggregate gross floor area of 15,000 square feet or more shall provide off-street
truckloading or unloading berths in accordance with the following table:
1. Any office building 100,000 square feet or larger shall have at least one
off-street loading berth.
XVIII-42 p14 10/2005
___ ..u____
Table 42-1
Square Feet of Aggregate Gross Floor Area Devoted to Such Use
15,000 square feet up to and including 40,000 square feet 1
40,001 square feet up to and including 100,000 square feet 2
For each additional 100,000 square feet 1 additional
B. Standards for Off-Street Loading Facilities. All off-street loading facilities shall
conform to the following standards:
1. The first loading berth shall be at least 70 feet in length. Additional berths
required shall be at least 45 feet in length unless certified by the property
owner in writing that additional loading activity will take place exclusively
with small delivery vans in which case the berth(s) shall be at least 25 feet
in length. All loading berths shall be at least 12 feet in width and 14 feet in
height, exclusive of aisle and maneuvering space.
2. Such space may occupy all or any part of any required yard space, except
front and exterior side yards, and shall not be located closer than 50 feet
to any lot in any residential zone unless separated from such zone by
screening not less than 8 feet in height, except at the accesses,.
3. Sufficient room for turning and maneuvering vehicles shall be provided on
the site so that vehicles shall cross a property line only by driving forward.
4. Each loading berth shall be accessible from a street or alley or from an
aisle or drive connecting with a street or alley, without traversing a
residential district.
5. The loading area, aisles, and access drives shall be paved so as to provide
a durable, dustless surface and shall be so graded and drained so as to
dispose of surface water without damage to private or public properties,
streets, or alleys.
6. Bumper rails shall be provided at locations where needed for safety or to
protect property.
7. No regular repair work or servicing of vehicles shall be conducted in a
loading area.
8. Off-street loading facilities shall be located on the same site with the use
for which the berths are required.
9. If more than one use is located on a site, the number of loading berths
provided shall be equal to the sum of the requirements prescribed in this
title for each use. If more than one use is located on a site, and the gross
floor area of each use is less than the minimum for which loading berths
are required, but the aggregate gross floor area is greater than the
minimum for which loading berths are required, off-street loading berths
shall be provided as if the aggregate gross floor area were used for the use
requiring the greatest number of loading berths.
1 Q. Off-street loading facilities for a single use shall not be considered as
providing required offMstreet loading facilities for any other use.
11. At the time of initial occupancy, major alterations, or enlargement of a site,
or of completion of construction of a structure or of a major alteration or
enlargement of a structure, there shall be provided the off-street loading
berth requirements subject to the provisions of Chapter 18.74. The
XVIII-42 p15 10/2005
number of loading berths provided for a major alteration or enlargement of
a site or structure shall be in addition to the number existing prior to the
alteration or enlargement.
12. Space allocated to any offMstreet loading berth shall not be used to satisfy
the space requirements for any off-street parking facility. (Ord. 1645 ~ 1,
2005)
18.42.150 Lighting
A. Purpose
1. Provide lighting in outdoor public places where public health, safety and
welfare are potential concerns;
2. Protect drivers, bicyclists, and pedestrians from the glare of non-vehicular
light sources that shine into their eyes and thereby impair safe travel;
3. Protect neighbors and the night sky from nuisance glare and stray light
from poorly aimed, placed, applied, maintained, or shielded light sources;
4. Protect and maintain the character of Bozeman;
5. Prevent excessive lighting and conserve energy; and
6. Provide adequate lighting for safe pedestrian and bicycle travel.
B. General
1. With the exception of subdivision lighting, lighting is not required. If
installed, all lighting shall comply with the requirements of ~ 18.42.150.
2. Unless otherwise approved through a planned unit development, this
ordinance shall apply to all lighting for subdivisions, land uses,
developments, and bUildings. In addition, any site modification that
requires a certificate of appropriateness, site plan review, or reuse
application will necessitate compliance for all existing and proposed
lighting on the site.
3. The provisions of this section are not intended to prevent the use of any
design, material, or method of installation or operation not specifically
prescribed herein, provided any such alternate has been approved by the
Planning Director. The Planning Director may approve any such proposed
alternate provided he/she finds that it:
a. The lighting provides at least approximate equivalence to the
applicable specific requirements of this section; and
b. The lighting is otherwise satisfactory and complies with the intent
of this section.
C. Subdivision Lighting. Subdivision lighting consists of street lighting and pathway
intersection lighting and shall comply with the following requirements:
1. General
a. All subdivision 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 of Bozeman.
b. Individual yard lights on private property shall not be used for
street lighting.
2. Street Lights at Intersections
a. Illumination Requirements:
XVIII-42 p16 10/2005
--..-.. ...-.---...-........-- .-.-- .-- - --.---- --- .".- .-..-.-.-.-- .-------.....---.-.
(1) Single Installation. The illumination requirement for an
intersection street light, where only one light is required,
shall be determined from Table 42-2 based on the
functional classification of the street upon which the light
is located.
(2) Multiple Installation. For all intersections where more
than one street light is required, all lights shall be within
the same range for measured lumens. The illumination
requirement shall be determined from Table 42M2 for the
functional classification of the leg of the intersection with
the highest requirement.
b. Non-Signalized Intersections. A street light shall be installed at
each non-signalized street intersection with the exceptions
contained in Subsections (1) and (2) below:
(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, two
street lights shall be installed on diagonally opposite
corners.
(2) At the intersection of two local streets a street light may
be omitted if its installation would violate the spacing
criteria contained in Table 42-2.
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 street lights 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 street lights shall be installed, one on each
corner.
3. Spacing of Street Lights. In addition to intersection locations, street lights
shall be spaced along streets in accordance with Table 42.2:
Table 42-2
Functional Classification Through Pedestrian Maintained Lumens Spacing
Lanes Conflict (Minimum 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
Arterial - Commercial 4/2 High 33,000-22,500 200/175
Collector - Commercial 4/2 High 22,500-13,500 225/175
Center
Local - Commercial 2 High 9,500-8,000 150
1 Street lights are only required at intersections on local streets.
XVIIIM42 p17 10/2005
4. Street Light Location and Placement of Equipment. In addition to spacing
requirements, the following layout criteria shall be used:
a. When a street light location falls near an unlit intersection, the
light shall be located at the intersection;
b. Street lights shall be located at property lines to the greatest
extent possible, but not be in conflict with other utility service
providers;
c. Pole spacing along a street may vary from the criteria of Table
42-2 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 street light in the
middle of the horizontal curve or as required by the City Engineer;
e. A street light 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 street lights shall be underground;
g. Additional street lights 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 street lights shall alternate on either side of the street.
5. Street Light 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 42-3:
Table 42-3
Maintained Lumens (Minimum Maintained Average Values) Mounting Height
9500~8000 25 feet
22500-9500 35 feet
33000-22500 38 feet
6. Pathway Intersection Lighting. Pathway lights shall be installed at all
intersections of pathways and streets, located within the proposed
subdivision 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 of Bozeman specifications:
XVIII-42 p18 10/2005
Table 42.4
Average Horizontal Illuminance at Pathway in
Maintained Footcandles
Mixed vehicle and pedestrian 2.0
Pedestrian only 1.0
D. Site Lighting
1. Parking Lot Lighting:
Table 42-5
Basic1 Security2
Minimum Horizontal Illuminance in Maintained Footcandles 0.2 0.5
Minimum Vertical Illuminance in Maintained Footcandles 0.1 0.25
Uniformity Ratio, Maximum: Minimum 20:01 15:00
1
Basic lighting provides for the safety of customers and employees during business hours, and for the security of on-site,
2 outside storage of goods and/or materials.
Security lighting provides for the safety of employees during nonbusiness hours, and for the security of on-site, outside
storage of goods and/or materials.
Source: Parking Lot Lighting, Illuminating Engineering Society of Norlh American, 1998
2. Building Entrances. Illuminance for building entrances (including
commercial, industrial, institutional, and municipal) shall average 5.0
maintained footcandles.
3. Car Dealership Lighting:
Table 42-6
Area Maximum Illuminance on Pavement (in Uniformity Ratio
Maintained Footcandles) Maximum: Minimum
Main Business Districts
Adjacent to roadway 10 - 20 5:01
Other rows 5 - 10 10:01
Entrances 5.10 5:01
Driveways 2.3 10:01
Secondary Business Districts
Adjacent to roadway 5 - 10 5:01
Other Rows 2.5 - 5 10:01
Entrances 2.5 - 5 5:01
Driveways 1 - 2 10:00
Source: Lighting for Exterior Environments, Illuminating Engineering Society of Norlh American, 1998.
XVIII-42 p19 10/2005
___...._u . -.
4. Service Station or Gas Pump Area Lighting:
Table 42-7
Area Description Average Illuminance on Described Area
(in Maintained Footcandles)
Approach with dark surroundings 1.5
Driveway with dark surroundings 1.5
Pump island area with dark surroundings 5
Building facades with dark surroundings 2
Service areas with dark surroundings 2
Landscape highlights with dark surroundings 1
Approach with light surroundings 2
Driveway with light surroundings 2
Pump island area with light surroundings 10
Building facades with light surroundings 3
Service areas with light surroundings 3
Landscape highlights with light surroundings 2
5. Site Lighting 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.
Height shall be measured from grade. Except as allowed in Sections E
and G, light poles for parking lot lighting shall not exceed 20 feet or the
height of the tallest building on the lot, whichever is lower.
6. Site Lighting Installation and Maintenance
a. For new installations, electrical feeds for fixtures mounted on
poles shall be run underground, not overhead.
b. Poles supporting lighting fixtures for the illumination of parking
areas and located directly behind parking spaces, shall be placed
a minimum of 5 feet' outside the paved area or on concrete
pedestals at least 30 inches high above the pavement or suitably
protected by other approved means.
c. Lighting fixtures and ancillary equipment shall be maintained so
as always to meet the requirements of this ordinance.
7. Miscellaneous Site Lighting Specifications. Except as otherwise allowed
in Sections E and G, all lighting shall comply with the following
requirements:
a. All outdoor lighting, whether or not required by this ordinance,
shall be aimed, located, designed, fitted, and maintained so as
not to present a hazard to drivers or pedestrians by impairing their
ability to safely traverse and so as not to create a nuisance by
projecting or reflecting objectionable light onto a neighboring use
or property.
b. All outdoor lighting fixtures shall be shielded in such a manner
that no light is emitted above a horizontal plane passing through
XVIII-42 p20 10/2005
the lowest point of the light emitting element, so that direct light
emitted above the horizontal plane is eliminated.
c. Except for residential lights, subdivision lighting, and security
lighting, all lighting shall be turned off between 11 :00 p.m. and
6:00 a.m. Exceptions shall be granted to those businesses which
operate during these hours; such lighting may remain illuminated
only while the establishment is actually open for business.
d. Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be
achieved primarily through the use of such means as cutoff
fixtures, shields, and baffles, and appropriate application of fixture
mounting height, wattage, aiming angle, and fixture placement.
e. All outdoor lighting shall be designed and located such that the
maximum illumination measured in footcandles at the property
line shall not exceed 0.3 onto adjacent residential properties and
1.0 onto adjacent commercial properties and public rights~of-way.
f. Externally illuminated wallMmounted and pole signs shall be
lighted by fixtures mounted at the top of the sign and aimed
downward; ground-mounted sign lighting may only be used for
monument style signs. Fixtures used to illuminate signs shall be
aimed so as not to project their output beyond the sign.
g. Floodlights, spotlights or any other similar lighting shall not be
used to illuminate buildings or other site features unless approved
as an integral architectural element on the development plan.
On-site lighting may be used to accent architectural elements but
not to illuminate entire portions of buildings. Where accent
lighting is used, the maximum illumination on any vertical surface
or angular roof surface shall not exceed 5.0 average maintained
footcandles. Building fayade and accent lighting shall not be
approved unless the light fixtures are carefully selected, located,
aimed, and shielded so that light is directed only onto the building
fayade and spillover light is eliminated.
(1) Directional fixtures used to illuminate flagpoles (the
State, the United States, and/or foreign nations) may
project their output beyond the flagpole.
h. Lights that flash, move, revolve, rotate, scintillate, blink, flicker,
vary in intensity or color, or use intermittent electrical pulsation are
prohibited.
L Translucent awnings and canopies used for building accents over
doors, windows, etc., shall not be internally lit (Le., from
underneath or behind).
j. Search lights, 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
Planning Director.
E. Sports and Athletic Field Lighting. Lighting for sports and athletic fields may need
to exceed illumination standards for general recreational needs in order to meet
higher standards required for play. The City Commission may approve relaxations
of these lighting standards provided that the following minimum standards are met:
XVIIIM42 p21 10/2005
1. Fixtures shall be at least 70 feet in mounted height measured from grade.
2. If floodlights are used, they shall not be aimed above 62 degrees and
should use internal louvers and external shields to help minimize light
pollution.
3. Fixtures shall be designed and aimed so that their beams fall within the
primary playing area and the immediate surroundings, so that off-site direct
illumination is significantly restricted (spillover levels at the property line
shall not exceed 0.3 footcandles).
4. Lighting shall be extinguished no later than 1 hour after the event ends.
F. Lighting Specifications for All Lighting. Light fixtures and standards shall be
compatible with the surrounding area, the subdivision or site design, and the
development's character and/or architecture.
1. Luminaires (Light Fixtures). Except as otherwise allowed in Sections E.
and G., all luminaires shall comply with the following requirements:
a. In all light fixtures, the light source and associated lenses shall not
protrude below the edge of the light fixture, and shall not be
visible from adjacent streets or properties.
b. Fixtures shall be of a type and design appropriate to the lighting
application.
c. For lighting horizontal areas such as roadways, sidewalks,
entrances, and parking areas, fixtures shall meet IESNA
"full-cutoff" criteria (no light output emitted above 90 degrees at
any lateral angle around the fixture).
d. As needed, fixtures shall be equipped with or be modified to
incorporate light directing and/or shielding devices such as
shields, visors, skirts, internal louvers, or hoods to redirect
offending light distribution and/or reduce direct or indirect glare.
e. The installation of any mercury vapor light fixture or lamp for use
as outdoor lighting is prohibited, except that until November 21,
2006 (the fifth anniversary date of the effective day of this
ordinance), this provision shall not apply to any replacement bulb.
G. Historic Lighting. The City Commission may relax lighting standards and
requirements, with the exception of illumination levels, for the provision of historic
lighting in the neighborhood conservation overlay district. Historic lights shall be
proposed as part of an overall development plan. The historic preservation planner
shall review and approve the proposed lighting for historic appropriateness.
H. Post Installation Inspection. The City of Bozeman reserves the right to conduct
postMinstallation nighttime inspections to verify compliance with the requirements of
this ordinance, and if appropriate, to require remedial action at no expense to the
City.
I. Compliance Monitoring. If the City of Bozeman finds that a lighting installation
creates a safety or personal security hazard, the person{s) responsible for the
lighting shall be notified in writing and required to take remedial action within 30
days.
J. Nuisance Glare and Inadequate Illumination Levels. When the City of Bozeman
finds that a lighting installation produces unacceptable levels of nuisance glare,
skyward light, excessive or insufficient illumination levels, or otherwise varies from
XVIII-42 p22 10/2005
this ordinance, the City may notify the person(s) responsible for the lighting and
require appropriate remedial action within 30 days.
K. Nonconforming Lighting. With the exception of subdivision lighting, security lighting
fixtures or a security lighting installation in use on January 1, 2004, that does not
conform to this ordinance and that is not otherwise required to be brought into
compliance pursuant to this ordinance, shall be required to be in compliance 5 years
after the date of enactment of this ordinance. Any other lighting fixture or lighting
installation existing on the effective date of this ordinance that does not conform to
the requirements of this ordinance shall be considered as a legal conformance.
(Ord. 1645 ~ 1, 2005)
18.42.160 Outdoor Storage
A. All materials, supplies, merchandise, or other similar matter not on display for direct
sale, rental, or lease to the ultimate consumer or user shall be stored within the
confines of a 100 percent opaque wall or fence not less than 6 feet tall.
B. No storage of any type shall be permitted within any required yard and shall be
subject to ~ 18.40.150.
C. All areas designated for vehicle and equipment storage shall be screened from view
from the street and adjacent properties as per Subsection A above. Vehicle and
equipment storage areas shall not be subject to parking lot paving or landscape
requirements, but shall be subject to drainage detention requirements and
appropriate dust control requirements. (Ord. 1645 ~ 1, 2005)
18.42.170 Trash and Garbage Enclosures
A permanent enclosure for temporary storage of garbage, refuse, and other waste materials
shall be provided for every use, other than single-household dwellings, duplexes, individually
owned townhouse or condominium units, in every zoning district, except where a property is
entirely surrounded by screen walls or buildings. Trash enclosures shall be constructed so that
contents are not visible from a height of 5 feet above grade from any abutting street or property.
Trash enclosures shall comply with the following regulations:
A. Location. Trash enclosures, surrounding standard steel bins (dumpsters), shall be
located on the site for convenient pickup service, and the location shall be shown
on required site plans. Trash enclosures shall not be located in required front yards,
and shall be situated so that containers can be pulled straight out of the enclosure
or so the sanitation truck can back straight into it. The location of all trash
enclosures shall be subject to review and approval by the City Sanitation
Department.
B. Construction. Trash enclosures shall be constructed of solid or ornamental, pierced
masonry walls or other appropriate materials, with a solid concrete floor sloped for
drainage and maintenance of sanitary conditions. Enclosures shall be
architecturally compatible with the principle structure. Enclosures shall be of
sufficient height to conceal contents, including containers, but in no case shall be
less than 4 feet in height above grade.
C. Exception. A garbage enclosure is not required for dumpsters accessed via an
alley. (Ord. 1645 ~ 1,2005)
18.42.180 Provision of Affordable Housing
A. Purpose. This section establishes the requirements relating to the creation of lots
for provision of moderate and low income housing.
XVIII-42 p23 10/2005
-.-....- ----.---..-
1. The City's adopted growth policy indicates the City's desire to have a well
balanced community with a range of housing available to its citizens. This
includes housing for persons of low and moderate incomes.
2. The 2003 Housing Needs Assessment established the need for additional
low and moderate income housing opportunities.
3. The City Commission has adopted an affordable housing policy giving
direction for certain actions to help ensure the opportunity for affordable
housing.
4. The City intends to create opportunities for greater low and moderate
income housing opportunities by ensuring a supply of lots meeting
minimum size requirements and providing other related means of
addressing housing need.
5. Development of the minimum sized lots shall largely depend on the actions
of the private land development process.
6. It is the intention of the City to establish certain complimentary financial
programs to aid qualifying parties to obtain housing. These programs are
separate from the requirements of this title.
7. Compliance with this section meets the requirements of annexation
agreements enacted prior to the date of this ordinance that require the
provision of affordable housing.
B. Applicability. Lands subdivided after the effective date of this ordinance shall meet
the requirements of this section and shall have not less than a minimum net density
of six units per acre when subdivided if:
1. The total area of such lands being subdivided for residential purposes in
all phases is five acres or more in size; or
2. The land being subdivided is not intended for final development under the
provisions of the R-S, Residential Suburban zoning district described in ~
18.16.010.
C. Number of Restricted Size Lots Required. Every residential subdivision meeting the
requirements of Subsection B above shall have a minimum of 10 percent of the
buildable net acreage dedicated to Restricted Size Lots (RSLs). An RSL shall not
be greater than 5,000 square feet for single household detached dwellings and
3,000 square feet for single household attached dwelling units. The RSL
designation shall be recorded with the final subdivision plat in a manner that will
appear on a title search and include reference to the sunset provisions of this
section.
The requirements of this section may be met through anyone or a
combination of the following options. The option or combination of options shall
be specified at the time of preliminary plat. A change of option affecting more
than two lots after the preliminary plat has been approved shall constitute a
material change to the subdivision and shall require reapproval of the
subdivision by the City.
1. After creation of lots through the subdivision process and recording of the
RSL restrictions with the final plat, offering for sale to any willing buyer the
RSL lots for development as housing.
2. In lieu of designating the required number of RSLs for market sale with the
final plat, the owner may provide a fee simple transfer of title of buildable
RSLs to the City. For the purpose of determining the number of RSLs
XVIIIM42 p24 10/2005
required by this subsection the fee simple transfer of one RSL shall be
equivalent to providing three RSLs for market sale. The City will utilize
donated RSLs or the proceeds of sales of donated RSLs only for affordable
housing.
a. A fee simple transfer RSL can be provided within the annexed
land being subdivided or may be provided offMsite as allowed by
Subsection 3 below. The subdivision containing the off-site fee
simple transfer RSL cannot be comprised on more than 50
percent RSLs without prior City Commission approval. The
off-site fee simple transfer RSL shall be established and
transferred to the City not later than the time of final plat approval
of the subdivision responsible for creating the fee simple transfer
RSL.
3. In lieu of designating RSLs within the land being subdivided, the owner
may provide for comparable off-site RSLs at a ratio of 1 :1. The subdivision
containing the off-site RSLs shall not be comprised of more than 50
percent RSLs without prior City Commission approval. The off-site RSLs
shall be established not later than the time of final plat approval of the
subdivision responsible for creating the RSLs.
4. At time of final plat, in lieu of supplying the required number of RSLs, the
owner may pay a "cash in lieu" fee to the City. The payment shall be
calculated as the appraised value per square foot of developed land within
that specific subdivision at a time not sooner than 30 days prior to the time
of final plat approval. The cost per square foot shall be multiplied by 5,000
in single household districts and by 3,000 in multi-household districts when
smaller or multiMhousehold aggregated lot for each required RSL. The
appraisal cost shall be born by the owner of land being subdivided. The
City will use payments in lieu of RSLs only for affordable housing.
5. Within multi-household zoning districts and with approval from the City
Commission the area required may be assembled into larger lots to allow
construction of affordable housing complexes.
D. Restrictions on Building Size. Dwellings constructed on RSLs are subject to the size
restrictions of ~ 18.16.030.B.1. Dwellings built on RSLs shall be known as
Restricted Size Units (RSU).
E. Automatic Termination Provisions. The provisions of this section shall be of no
more effect after November 24, 2008, unless such date is extended by the City
Commission by amendment to this section to establish a new date. (Ord. 1645 ~ 1,
2005)
XVIII-42 p25 10/2005