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HomeMy WebLinkAboutOrdinance 00- 1513, Adopting the Draft City Zoning OrdinanceR~~Af~ ~~ SHE EI4~ Titfe ~, chapter , part f, e~po~rers the i to enact a zaning ordinance and to provide far its administration, enfarcernent, and at~endr~ent, and MERE, the pity of azeman has had ~vninc~ ordinances in effect since ~g and HERE, the City ~ommissian, pursuant to the provisions of Title ', chapter Part , 11~, has adapted comprehensive pion far its urisdictianal area and regufatic~ns have been prepared in a~ccardance Frith the plan, and E, ran duly _, ~ ggg, the pity of vzeman enacted an interim ordinance in acGOrdance with section ~~--~~~', Montana Cade annotated, repealing and superceding aif prier enacted zranin regulations, and earfended said interim ordinance can January 1 ~, ag; and HER, the pity of o~em~an deems it necessary fear the purpose of prarrloting the health, safety or general ~veifare of the city to enact a permanent zoning ordinance, and HERE, ofl requirements of Titfe , +hapter , Part.. , vuith regard to the preparation of a zoning ordinance and subsequent action of the city commission have been net; HEEPtE, E fl' ~P~iE y the City amr~ission of the pity o f nr as fal~~ws: E~c~b c ecian eeale~. III resoiuticns, ordinances and sections ~ the ~czen~an luniciaP cede and ~a~rks ecti~n ns ~~~isior~~ This ordnance does not affect the rights of d~ti~~ that rr~atured, penalties and assessr~ent that were incurred er pr~aceedin~s that began be~are the effectirre date cf this nrdir~ance, Ee+cr~ date. e~cti~~n This ordinance shah ~ in dull ~c~rce and efeet on day ~, D~. by the City !err~rnissicn cf the pity ~ ~c~zeman, Pantana, cn first reading at a regular session thereof held on the Ord day Qf April, gQg. TT: IRGf~ . Y~IJiI, P"~AY F~C~I L. ULLI' lerl~ of the omrr~isson 4 , A~C~~T ~1~ C~ y the pity ornmission of the pity of Bozeman, ontana, on second reading at a regular sessian thereof held on the day of A~~TT: i . '1"~}IV~C~I, layer RI L. IJLLI'~AN clerk of the omrnssion 3 P-1~. ,, L~J1~IE i c~rney MtNUT~~ C~ THE MEETING ~F THE CITY COMMISSi[~N a~~M~~i, l~ca~T~l~~ April 17, The Commission of the City of C~oreman met in regular session irf the Commission i~ocm, Municipal EttiCding, crt Mc~nday- Aprii 1 ?, ~G~OQ, at ~;C3D p.rn, Present vmere Mayor'1Poun~ma~ri, Corrtmiss'-or-er Brt~wn, Ctarnmissioner Frost, G~ommssvn+er rnil+ey, Cc~rr~rnissic~ner Kirchhoff, Acting City M~n~ger Tymr~k, City Attorney Lowe and +~lerk of the Camrrclssion Scllivan. The meeting was op+aned with the i'ledge of Allegiance end a m~ornent o silence, N€~ne of the Co~mmissivn+ars requested that any of the Consent Items be removed for dscussiont n ~ A 1 e mbar 7 and e m er ~~ r 2# n~,a 1 ~ to ~ Fe rus 1~ r ~ r I~ 27 ,~ rll A A riC i ip It was moved by Commissioner grcawn~ eccraded by Commissioner Frost, that th+a minutes of the meetings of ~epternber 2Ci'~ 1~9, llllarci'~ ~, April and April , 2~QCt~ be approved as amended and that tl~e minutes of the meetings of March ~ and April fi, 2~t~C, tie approved as submitted. The mcticr~ carried by the following Aye and Nc vote: Mesa voting Aye tieing Commissioner drown, CommissCar~er Fro,st~ Commissioner rniley~ Commissioner Kirchhoff and Mayor Youngman; these voting N+o, Wane. Mayor Youngman deferred action an the minutes of the rr~e8tirzgs of August 16 and September ~', 199' end January "I g, January , ,lanoary ~, February ?, i=ebruary 14 and March ~, 2QOQ~+ to a later date. Pr i in fa v' -_ I - ~rbdivlde 44 ' - l ..:...ribs A n pi # Lo ~ ~ioc~ ~abc ~ and , . n ~I cir43 iV r if I lv in brae in I -f mil I ;~ so thwest r vi tre t nd ~ r m Avenue) iP-OC1OJ1 Acting City Manager Tymrak recpmrnended that consideration of this application be continued to May 1, He indicated, however, that those present for this agenda item should tie fven an vpp~arturalty to proV~de anput If tll~y $Q desire. It was moved by Comrnissiancr Frost, seconded by Commissicr~er ~niley, that consideration cf this preliminary plat 8pplCation he rescheduled to May f 2t~p~. The motion oarrieri by the following Aye and Nc~ votes those voting, Aye being Commissioner Frost, CQrnmissioner Smiley, Cc~rnmissic~ner Kirchhoff, Commissioner Brown and Mayor 'Youngman, those voting c~, nc~ne# fJr iriar~ , e N . 'f 51 ~ - ado ti . an a wi h sli ht r rn n ttt f M 2D Previously r7cluded in the Commissioners' packets was a copy of Crdir~ance No, ~ 51~~ as approved by the City Attorney, entitled: QRD1Al'~CE f~C, X513 Ali QRaINAIVC~ {?F THE. CITY C~#I~MISSIQN CF THE CITY ClA SC~I~A'l~, M4NTA~lA, AC~QP'1'II~G ~Y R~€I~EIVCE 1`H~ "[}RA1~T CITY C>= BCZE~IAN ZQNING f~l~DlI~ANC~" ATT~kCHEC H~ETC ANt~ II~~CCRF(~A-TE~ i~Y G~ 17~2O~pQ It was waved by Ccmmissinner Smiley, seconded ~y Cammissianer iCirchhpff, that 3rdirt~t~Ce Nc~.15t , a~fo~ting ~~~ int~erin~ z+~rain~ ordinance, with slight rev"rsidns, as the City's permanent zt~ne code, be finally adopted, with tie xor~e rriap revised to include the zone map amendment on acres at the southeast corner of the intersection ~f fowler Avenue end Vilest Babcock Street. The motic~rt carried bythe following Aye and No vote: those voting Aye being Commissioner Smiley, Cornmissicn~er l~irchhoff, Commissioner Srown, Cornmission~er rest sd eyt~r Ycun~r~sn; these vctir~g c, r~~ne. r n ~ , . ~ 1 ~~6 14 an 1 f he ~ z ' `r al f n ifi _ I # h . Unif r ' _ Ca and #o a c i~ fi~_o~.!yi~latiort~ thereto I'revic~~Sly included in the Commissioners' packets was copy of Ordinance No.151 ~ , as approved by the City Att+~r-~ey, er~titCed. CI~~It~AC~GE Q~ 1S1 ~ A~ CI~~IN-~NCF CAF THE CITY Gahdl~lISS1Ql~[ CF TNT CITY a~ Bt~ZEIVfAN, IOl~r~l~~~ PI~~VIQIfU~ TI~IA~T ~ ~Q~Ei1~AN MuralclFA~~ ~ ~ ~~I~IVQ~u EVIS~~IG SfCTl~3~ 1~.35.01~ ~F SA1a CCp~, AQCI~TIN~ A~atTli7l~Al. UN1F~3B~+'1 F1RF GI]~~ STA~I~dDAROS, A~N~ V'ISINC S~CTI~JN ~5,3B.~t SFC.IIlR1NC ANY lllt}LATICI'~S ~F PUNISH~4~~E A~ A l~1SCtF~IEAI~ttC1~. It was moved by Commissioner Kirchh~~f, seconded by Commissioner BrownF that 3rdir~ance Noe ~ 51 ~, adoptrxg by reference adtliticrial Uniform Fire Gc~de Standards end amending the penalty section ther~eta, be finally adopted. The motion carried by the following Aye and No vot+e~ those voting Aye being Commissioner Kirchhoff, Commisson+sr Brawn, Commissioner Frost Commissioner Smiley ar~d Mayor Youngman; these voting No, none. Q4-17-C 1 Chapter 18.02 GENERAL PROVISIONS Sections: 18.02.010 Citation of ordinance. 18.02.020 Interpretation as minimum requirements. 18.02.010 Citation of ordinance. This title shall be known and cited as the Zoning Ordinance of the City of Bozeman, except when cited herein, where it shall be referred to as "this title." 18.02.020 Interpretation as minimum requirements. A. In their interpretation and application, the provisions of this title shall be held to be minimum requirements adopted for the promotion of the health, safety, and general welfare of the community. Wherever the requirements of this title are at variance with the requirements of any other lawfully adopted rules or regulations, or wherever there is an internal conflict within this title, the most restrictive requirements, or that imposing the higher standards, shall govern. B. In the case of a difference of meaning or implication between the text of this title and the captions or headings for each section, the text shall control. 2 Chapter 18.04 DEFINITIONS Sections: 18.04.010 Definition of terms and interpretation of language. 18.04.020 Access or access way. 18.04.030 Accessory building or use. 18.04.035 Administrative design review (ADR) staff. 18.04.040 Administrative officer. 18.04.050 Adult business. 18.04.060 Agricultural activity. 18.04.070 Airfield, personal use. 18.04.080 Airport. 18.04.090 Alley. 18.04.100 Animal hospital. 18.04.105 Antenna 18.04.110 Apartment. 18.04.120 Apartment building. 18.04.130 Automobile reduction yard. 18.04.140 Auto salvage yard. 18.04.150 Automobile service station. 18.04.160 Automobile washing establishment. 18.04.170 Bar (Tavern, cocktail lounge). 18.04.180 Basement. 18.04.190 Bed and breakfast home. 18.04.200 Board. 18.04.210 Boardinghouse. 18.04.220 Building. 18.04.230 Building area. 18.04.240 Building envelope. 18.04.250 Building, front line of. 18.04.260 Building, height of. 18.04.270 Building line, required front. 18.04.280 Building line, required rear. 18.04.290 Building line, required side. 18.04.300 Building, principal. 18.04.310 Building, public. 18.04.320 Business. 18.04.330 Campground. 18.04.340 Carport. 18.04.350 Casino. 18.04.360 Cemetery. 18.04.370 Child. 18.04.380 Church. 18.04.390 City. 18.04.400 Club, private (nonprofit). 18.04.410 Commission, city. 3 18.04.420 Community residential facility. 18.04.430 Conditional use permit. 18.04.440 Condominium. 18.04.450 Convenience food restaurant. 18.04.460 Convenience use. 18.04.470 Day care center. 18.04.480 Day care home, family. 18.04.490 Day care home, group. 18.04.500 Density, gross. 18.04.510 Density, net residential. 18.04.515 Design review. 18.04.520 Design review board. 18.04.530 Development. 18.04.540 Development review committee. 18.04.550 Deviation. 18.04.560 Drive access. 18.04.570 Drive-in business. 18.04.580 Duplex. 18.04.590 Dwelling. 18.04.600 Dwelling, single-family. 18.04.610 Dwelling, two-family. 18.04.620 Dwelling, multiple (multifamily). 18.04.630 Dwelling unit. 18.04.640 Essential services (Type I). 18.04.650 Essential services (Type II). 18.04.655 FAA 18.04.660 Family. 18.04.665 FCC 18.04.670 Fence. 18.04.680 Final approach and take off area (FATO). 18.04.690 Floodplain. 18.04.700 Floor area, gross. 18.04.710 Floor area, net. 18.04.720 Floor area ratio (FAR). 18.04.730 Garage, private. 18.04.740 Garage, public. 18.04.750 Grade. 18.04.760 Greenhouse. 18.04.770 Greenhouse, commercial. 18.04.780 Ground floor area. 18.04.790 Group home. 18.04.800 Guest house. 18.04.810 Health and exercise establishments. 18.04.820 Home occupation or profession. 18.04.830 Hospital. 18.04.840 Hotel or motel. 18.04.850 Incidental. 18.04.860 Industry, heavy. 18.04.870 Industry, light. 4 18.04.880 Junkyard. 18.04.890 Loading and unloading bays. 18.04.900 Lodging house. 18.04.910 Lot. 18.04.920 Lot area. 18.04.930 Lot, corner. 18.04.940 Lot, interior. 18.04.950 Lot, through. 18.04.960 Lot coverage. 18.04.970 Lot depth. 18.04.980 Lot line, front. 18.04.990 Lot line, rear. 18.04.1000 Lot line, side. 18.04.1010 Lot line, zero. 18.04.1020 Lot width. 18.04.1030 Manufactured home. 18.04.1040 Manufacturing. 18.04.1050 Manufacturing, light. 18.04.1060 Master plan. 18.04.1070 Medical offices, clinics and centers. 18.04.1080 Mining. 18.04.1090 Mobile homes. 18.04.1100 Mobile home park. 18.04.1110 Mobile home space. 18.04.1120 Mobile home stand. 18.04.1130 Mobile office. 18.04.1140 Model home. 18.04.1150 Modular or sectional home. 18.04.1160 New construction. 18.04.1170 Noxious matter or material. 18.04.1180 Nonconforming use. 18.04.1190 Nursing home. 18.04.1200 Nursery, plant. 18.04.1210 Offices. 18.04.1220 Open sales (or rental) lot. 18.04.1230 Open space, useable. 18.04.1240 Overlay zone. 18.04.1250 Parking area. 18.04.1260 Parking space, off-street. 18.04.1270 Party wall. 18.04.1280 Paved parking space or surface. 18.04.1290 Personal and convenience services. 18.04.1300 Persons. 18.04.1310 Planning director. 18.04.1320 Property, personal. 18.04.1330 Property, real. 18.04.1340 Recreational vehicle. 18.04.1350 Recreational vehicle park. 18.04.1360 Research laboratory. 5 18.04.1370 Restaurant. 18.04.1380 Retail. 18.04.1390 Right-of-way. 18.04.1400 School. 18.04.1410 Screening. 18.04.1420 Setback line. 18.04.1430 Sewer, public. 18.04.1440 Sewer system, community. 18.04.1450 Sign. 18.04.1460 Site plan. 18.04.1465 Small Scale Broadcast Facility. 18.04.1470 Spa. 18.04.1480 Stable, private. 18.04.1490 Street. 18.04.1500 Street, arterial. 18.04.1510 Street, collector. 18.04.1520 Street, local. 18.04.1530 Street frontage. 18.04.1540 Street, public. 18.04.1550 Structure. 18.04.1560 Structure, nonconforming. 18.04.1570 Structural alteration. 18.04.1580 Subdivision or development construction yard. 18.04.1590 Swap meet. 18.04.1600 Swimming pools. 18.04.1605 Tower. 18.04.1610 Townhouse. 18.04.1620 Townhouse cluster. 18.04.1630 Truck service station. 18.04.1640 Truck stop. 18.04.1650 Truck washing establishment. 18.04.1660 Unit, efficiency. 18.04.1670 Use. 18.04.1680 Use, accessory. 18.04.1690 Use, conditional. 18.04.1700 Use, nonconforming. 18.04.1710 Use, permitted. 18.04.1720 Use, principal. 18.04.1730 Use, temporary. 18.04.1740 Variance. 18.04.1750 Variance, dimensional. 18.04.1760 Veterinary clinic. 18.04.1770 Warehouse. 18.04.1780 Warehouse, residential storage (mini-warehouse). 18.04.1790 Watercourse. 18.04.1800 Wholesale establishment. 18.04.1810 Wrecking yard. 18.04.1820 Yard. 18.04.1830 Yard, corner side. 6 18.04.1840 Yard, front. 18.04.1850 Yard, rear. 18.04.1860 Yard, required. 18.04.1870 Yard, side. 18.04.1880 Zoning map. 18.04.010 Definition of terms and interpretation of language. A. All words in this title shall be first defined as provided in this chapter 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. For the purposes of this title certain words and terms used herein are defined as follows: B. Words used in the present tense include the future tense; words used in the singular include the plural, and words used in the plural include the singular; the word "shall" is always mandatory, the word "person" includes a firm, association, organization, partnership, trust, corporation or company, as well as an individual; the word "lot" includes the words "plot" or "parcel"; the word "building" includes the word "structure"; the words "used" or "occupied," as applied to any land or building, shall be construed to include the word "intended, arranged, or designed to be used or occupied"; the words "map" or "zoning map" mean the zoning map(s) of the zoning jurisdiction of the city that delineate the area to be governed by these regulations. 18.04.020 Access or accessway. "Access or accessway" means the place, mean or way by which pedestrians and vehicles shall have adequate and useable ingress and egress to property or use as required by this title. 18.04.030 Accessory building or use. "Accessory building or use" means a subordinate building, or portion of the principal building, located on the same lot as the principal building, or a subordinate use of land, either of which is customarily incidental to the principal building or to the principal use of land. Where part of an accessory building is connected to part of the principal building in a substantial manner as by a roof, such accessory building shall be counted as part of the principal building. Individual public utility installation aboveground are considered accessory buildings. 18.04.035 Administrative design review (ADR) staff. "Administrative design review (ADR) staff means certain members of the planning staff charged with the design review, as defined in this chapter, of certain plans and proposals as specified in this title. The organization, composition and procedures of the administrative design review staff are subject to the requirements of Chapter 18.51. 18.04.040 Administrative officer. "Administrative officer" means the person designated by city commission or city manager to be responsible for assuring compliance with this title. 18.04.050 Adult business. "Adult business" means an establishment which advertises, trades, exchanges, transfers, sells, presents, shows, offers or exhibits materials, activities, reproductions, likenesses, services and/or objects defined as obscene by Section 45-8-201(2), MCA, Adult business as defined in this section shall include, but need not be limited to, adult bookstores, adult motion picture theaters, rap studios, massage parlors, exotic dance studios, nude art studios, nude photographic studios and nude body painting studios. 7 18.04.060 Agricultural activity. "Agricultural activity" means the cultivation of the soil or the raising of livestock and all activities incidental thereto. The terms "farming" and "ranching" shall be interchangeable for purposes of this title. The term "agricultural activity" shall not include the raising of produce primarily intended for on-premises consumption. 18.04.070 Airfield, personal use. "Personal use airfield" means any unsurfaced earth or turf area or facility of land which is privately owned and operated, and is designed, used or intended to be used for landing and taking off by private single-engine, fixed-wing aircraft, not exceeding two hundred horsepower, including not more than one support building for covered storage and small quantities of supplies. A personal use airfield as used in this section means an airstrip restricted, except for aircraft emergencies, to use by the owner which is not directed toward business or commercial functions. 18.04.080 Airport. "Airport" means a licensed facility where commercial, military and private aircraft may land or take off and where additional space is provided for repairs, services, storage facilities, and offices and buildings for administration and passenger convenience. 18.04.090 Alley. "Alley" means a permanent public thoroughfare providing a secondary means of access to abutting lands. 18.04.100 Animal hospital. "Animal hospital" means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Outside pens, kennels or runs are not permitted as part of an animal hospital operation. The short-term interior boarding is permitted. 18.04.105 Antenna. "Antenna" means one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc). 18.04.110 Apartment. "Apartment" means a room or suite of two or more rooms located in an apartment building or in nonresidential districts as specified in this title. Efficiency units shall qualify as an apartment under this definition. 18.04.120 Apartment building. "Apartment building" means a building other than a hotel or motel containing five or more dwelling units. 18.04.130 Automobile reduction yard. "Automobile reduction yard" means any area of land where two or more motor vehicles not in running condition and/or two or more unlicensed motor vehicles, or parts thereof are stored in the open and are not being restored to operation; or any land, building or structure used for the wrecking, dismantling, storage or abandonment of motor vehicles or parts thereof. 8 18.04.140 Auto salvage yard. "Auto salvage yard" means a junkyard primarily containing inoperable vehicles. (See definition of junkyard, Section 18.04.880.) 18.04.150 Automobile service station. "Automobile service station" means an establishment with the primary business function of the retail sale of gasoline for passenger car use with or without minor service and repair work incidental to the operation of passenger automobiles. 18.04.160 Automobile washing establishment. "Automobile washing establishment" means a building which has its primary purpose as washing automobiles. Such facilities shall be considered incidental to automobile service stations if not more than one auto may be washed at one time and if the service station is clearly the principal use. 18.04.170 Bar (Tavern, cocktail lounge). "Bar (tavern, cocktail lounge)" means an establishment where alcoholic beverages are served on premises and where the total sales of alcohol exceeds the total sales of food. 18.04.180 Basement. "Basement" means a portion of a building located partly underground but having not less than half its floor-to-ceiling height below the average grade of the adjoining ground. 18.04.190 Bed and breakfast home. "Bed and breakfast home" means a single-family dwelling which remains owner-occupied at all times providing one or more guest rooms for compensation, and where food service is limited to breakfast which may be served to over-night guests only. 18.04.210 Boardinghouse. See lodginghouse, Section 18.04.900 18.04.220 Building. "Building" means any structure having enclosed space and a roof for the housing and/or enclosure of persons, animals or chattels, except mobile homes, recreational vehicles and mobile offices. 18.04.230 Building area. "Building area" means the maximum horizontal projected area of the principal and accessory building, excluding open steps, terraces, and architectural appurtenances projecting not more than two feet. Building area, as that portion of a lot upon which construction is permitted, is as follows: That area of a lot that lies within the boundaries of the front, side and rear yard setback requirements measured from the actual lot line. 18.04.240 Building envelope. ABuilding envelope" means that area of a lot lying between the front, rear, and side yard setback lines and between ground level and the maximum allowable building height, amounting to the three dimensional area available for potential building construction. 9 18.04.250 Building, front line of. "Front line of building" means the line of the face of a building nearest the front lot line. 18.04.260 Building, height of. "Height of building" means the vertical distance measured from grade as defined in this section to the highest point on the roof or parapet wall. Where a building utilizes multiple roof styles or pitches, the highest point of each type of roof or parapet wall shall be in conformance with applicable height regulations as established for the respective roof pitches in each zoning district. Where the vertical difference between grade as defined in this section is greater than two feet between opposite elevations of the building, the height of the building may be increased by one foot for every one foot in grade difference up to a maximum of six additional feet. 18.04.270 Building line, required front. "Required front building line" means the line nearest to the front and across a lot establishing the minimum open space to be provided between the front line of a building and the front lot line. See also definition of setback line, Section 18.04.1420. 18.04.280 Building line, required rear. "Required rear building line" means the line nearest to the rear and across a lot establishing the minimum open space to be provided between the rear line of a building and the rear lot line. See also definition of setback line, Section 18.04.1420. 18.04.290 Building line, required side. "Required side building line" means the line nearest to the side and extending between the required front building line and required rear building line establishing the minimum open space to be provided between the side line of a building and the side lot line. See also definition of setback line, Section 18.04.1420. 18.04.300 Building, principal. "Principal building" means a building in which is conducted the main, or principal, use of the lot on which the building is situated. 18.04.310 Building, public. "Public building" means a building, supported by government funds, to be used in an official capacity on behalf of the entire community. 18.04.320 Business. "Business" means the engaging in of the purchase, sale, barter or exchange of goods, wares, merchandise or service; the maintenance or operation of offices or recreational or amusement enterprises. 18.04.330 Campground. "Campground" means any area of land used to temporarily accommodate two or more camping parties, including cabins, tents, recreational vehicles or other camping outfits. 18.04.340 Carport. 10 "Carport" means a structure, open on at least two sides, consisting of a roof and either walls or columns for the purpose of housing automotive vehicles and other chattels. The structure shall be considered as an accessory building when detached from the principal building and as a part of the principal building when attached to the principal building along one or more sides of the carport or principal building. 18.04.350 Casino. A. ACasino@ means an establishment whose primary use or activity is gambling, either in the form of gambling machines (video poker, keno, etc.), card games, or other licensed gambling activity. A casino will normally have beverage and restaurant facilities as ancillary uses. In all instances, an establishment will be considered a casino for the purpose of these regulations if any of the following characteristics apply: 1. The establishment is referenced as a casino by signage or by name; 2. More than one card table is on the premises; 3. Fifteen or more gambling machines are on the premises B. An applicant for a casino establishment must obtain a Montana state license to sell alcoholic beverages for consumption on the premises. 18.04.360 Cemetery. "Cemetery" means land used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery. 18.04.370 Child. "Child" means a person under twelve years of age. 18.04.380 Church. "Church" means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. 18.04.390 City. "City" means the city of Bozeman. 18.04.400 Club, private (nonprofit). "Private (nonprofit) club" means a nonprofit association of persons who are bona fide members paying annual dues which owns, hires or leases a building, or a portion thereof, the use of such premises being restricted to member's and their guests. 18.04.410 Commission, city. "City commission" means the governing body of the city. 18.04.420 Community residential facility. "Community residential facility" means a single residential structure having common kitchen facilities occupied by eight or fewer persons having developmental disability and living together for the purpose of residential training, observation and/or common support, in which care is provided on a twenty-four-hour per day basis. The limitation of eight or fewer persons does not include the operator of a residential facility, members of the operator's family or persons employed 11 as staff, except that the total number of all persons living at the residential facility shall not exceed ten. 18.04.430 Conditional use permit. "Conditional use permit" means legal authorization to construct, develop or operate a conditional use as defined by this title. 18.04.440 Condominium. "Condominium" means a building or group of buildings in which units are owned individually and the structure, common areas and facilities are owned by all owners on a proportional, undivided basis. Condominiums may be residential, commercial or industrial in nature. 18.04.450 Convenience food restaurant. "Convenience food restaurant" means an establishment whose principal business is the sale of foods, frozen desserts, or nonalcoholic beverages to the consumer in a ready-to-eat state for consumption either within the premises or for carry-out with consumption either on or off the premises and whose design or principal method of operation includes both of the following characteristics: A. Foods, frozen desserts, or nonalcoholic beverages are usually served in edible containers or in paper, plastic or other disposable containers; B. The customer is not served food at his/her table by an employee but receives it at a counter, window or similar facility for carrying to another location for consumption either on or off the premises. 18.04.460 Convenience use. "Convenience use" means retail commercial uses which have relatively high traffic generation rates per one thousand square feet compared to other commercial uses. A use is designated as a convenience use if method of operation includes one or more of the following characteristics: A. Retail motor fuel is sold; B. The primary business is the sale of food or drink for consumption, either on or off premises, over a counter, or from an outdoor service window or automobile service window. Of the food or drink sold, at least twenty percent is in disposable or carry-out containers; C. Drive-in and drive-through restaurants. 18.04.470 Day care center. "Day care center" means a place in which supplemental parental care is provided to thirteen or more children on a regular basis and which is licensed by the department of family services. 18.04.480 Day care home, family. "Family day care home" means a private residence in which supplemental parental care is provided to three to six children from separate families on a regular basis and which is registered by the department of family services. 18.04.490 Day care home, group. "Group day care home" means a private residence in which supplemental parental care is provided to seven to twelve children on a regular basis and which is registered by the department of family services. 12 18.04.500 Density, gross. "Gross density" means the number of residential dwelling units per unit of land. 18.04.510 Density, net residential. "Net residential density" means the number of residential dwelling units per unit of land, excluding any land used or to be used as arterial streets rights-of-way or private nonresidential uses. For calculating net residential density, the following formula shall apply: D = du A-(c+i+s+a) Where D = Residential density du = Total number of dwelling units in project A = Total site area (acres) c = Total commercial land area (acres) i = Total industrial land area (acres) s = Reserved but undedicated school or park sites (acres) a = Street rights-of-way (acres) 18.04.515 Design review. "Design review" means the aesthetic evaluation of certain development proposals, including those located in the neighborhood conservation overlay district, entryway overlay district, and all planned unit developments, relative to architectural, site, landscape, environmental, urban, and other design matters as specified in this title. 18.04.520 Design review board. "Design review board" means that board appointed by the city commission, charged with the design review, as defined in this chapter, of certain plans and proposals as specified in this title. The organization, composition and procedures of the design review board are subject to the requirements of Chapter 18.51. 18.04.530 Development. "Development" means any man made change to improve or alter real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. 18.04.540 Development review committee. A. "Development review committee" means that committee charged with the expressed intent of reviewing all plans and proposals. B. The committee shall at a minimum be composed of the following personnel: director of public service or designee, fire marshal or designee, the superintendent of streets/garbage or designee, the superintendent of water/sewer or designee, the director of the office of planning and community development or designee, and the building official or designee. When necessary, other members of the committee may include: the police chief or designee, the superintendent of parks/cemetery or designee, the recreation superintendent or designee, the city manager or designee, with other individuals to be included as necessary at the planning director's request. C. When applicable, the committee may solicit the input of non-city agencies and persons including, but not limited to, the county subdivision review officer or designee, the county sanitarian or designee, the county road superintendent or designee, state or federal agencies, with other individuals to be included as necessary. 13 18.04.550 Deviation. "Deviation" means a modification of physical standards of this title as applied to a specific piece of property located within the neighborhood conservation overlay district or entryway corridor overlay district. A deviation may be permitted only by the city commission. 18.04.560 Drive access. "Drive access" means that area between the curb of a street, or edge of the traveled portion of a street when no curb exists, and the right-of-way/property line over which the city will permit vehicular travel from the traveled portion of a street to an individual property, or off-street parking space(s). 18.04.570 Drive-in business. "Drive-in business" means any business in which people are provided a service or a product, where a sale is made without the customer being required to leave the vehicle. Such businesses include, but are not limited to, the following: drive-in theater, drive-in bank, freestanding automated teller machine, drive-in laundry or dry cleaning pickup station, drive-in restaurant, and any business offering take-home food services. 18.04.580 Duplex. See definition of dwelling, two-family, Section 18.04.610. 18.04.590 Dwelling. "Dwelling" means a building, or portion thereof, capable of meeting the requirements of the city's adopted Uniform Building Code, used primarily for residential occupancy, including single-family, two-family, multiple-family dwellings and group homes, but not including hotels, motels or tourist homes. 18.04.600 Dwelling, single-family. "Single-family dwelling" means a building used for residential occupancy by one family. 18.04.610 Dwelling, two-family. "Two-family dwelling" means a building, or portion thereof, used for occupancy by two families living independently of each other with the units completely separated by a common wall, floor and/or ceiling. Also referred to as "duplex." 18.04.620 Dwelling, multiple (multifamily). "Multiple (multifamily) dwelling" means a building, or portion thereof, used for occupancy by three or four families living independently of each other, with the units completely separated by a common wall, floor and/or ceiling. 18.04.630 Dwelling unit. "Dwelling unit" means a dwelling, or portion of a dwelling, used by one household for residential purposes. 18.04.640 Essential services (Type I). "Essential services (Type I)" means water pumping stations; stormwater drainage facilities (including collection lines, retention/detention ponds and drainage ways); sanitary sewer and storm sewer lift stations; local service telephone lines and cables; local service electrical distribution lines and cables; local service cable television lines; local service electronic data 14 transmission lines and cables; water and sanitary sewer distribution and collection lines; public and amateur radio antennae and towers. 18.04.650 Essential Services (Type II). "Essential Services (Type II)" means transport gas, oil and coal pipelines (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); public domestic water storage facilities; water fill stations for fire fighting equipment; telephone satellite community dial offices; telephone exchanges and repeater stations, except those facilities which may be considered Large Scale Broadcast Facilities and Small Scale Broadcast Facilities; other accessory facilities, equipment and structures; police and fire stations. 18.04.655 FAA. "FAA" means the Federal Aviation Administration. 18.04.660 Family. "Family" means any individual, or two or more persons related by blood or marriage, or a group of not more than four persons (excluding servants) who need not be related by blood or marriage, living together as a single nonprofit housekeeping unit. 18.04.665 FCC. "FCC" means the Federal Communications Commission. 18.04.670 Fence. "Fence" means a barrier constructed of materials erected for the purpose of protection, confinement, enclosure or privacy. 18.04.680 Final approach and take off area (FATO). "Final approach and take off area (FATO)" means a defined area over which the final phase of the approach maneuver to hover or landing is completed and from which the takeoff maneuver is commenced. 18.04.690 Floodplain. All floodplain related definitions can be found in Chapter 18.44, Flood Hazard District, of this code. 18.04.700 Floor area, gross. "Gross floor area" means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet. 18.04.710 Floor area, net. "Net floor area" means the total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public. 15 18.04.720 Floor area ratio (FAR). "Floor area ratio (FAR)" means the gross floor area expressed in square feet divided by the total amount of land of the site or parcel, also expressed in square feet, where the floor area is located. 18.04.730 Garage, private. "Private garage" means a detached accessory building, or portion of a main building, designed or primarily used for the storage of self-propelled vehicles for the family housed in the building to which such garage is accessory. 18.04.740 Garage, public. "Public garage" means any building or premises, except those defined herein as a private garage, used for the storage or care of motor vehicles; or where such vehicles are equipped for operation, repaired, or kept for rental, hire or sale. 18.04.750 Grade. "Grade" means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distance from the wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of the building and the property line if it is less than five feet distance from the wall. If walls are parallel to and within five feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way. "Finished surface of the ground" shall not include window wells, stairwells, or other similar features, but shall include features such as usable patio areas. 18.04.760 Greenhouse. "Greenhouse" means a building or structure constructed chiefly of glass, glass-like translucent material, cloth, lath or similar materials which is devoted to the protection or cultivation of flowers or other plants. 18.04.770 Greenhouse, commercial. See definition of nursery, plant, Section 18.04.1200. 18.04.780 Ground floor area. "Ground floor area" means the square foot area of a building within its largest outside dimension computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces, garages, exterior stairways and secondary stairways. 18.04.790 Group home. "Group home" means a single, residential structure having common kitchen facilities occupied by not more than eight persons living together for the purpose of training, observation, and/or common support on a twenty-four-hour per day basis. The limitation of eight or fewer persons does not include the operator of a residential facility, members of the operator's family or persons employed as staff, except that the total number of all persons living at the residential facility shall not exceed ten. 18.04.800 Guest house. 16 "Guest house" means an attached or detached accessory building used to house guests of the occupants of the principal building, and which is never rented or offered for rent. Any guest house providing cooking facilities shall be considered a dwelling unit. 18.04.810 Health and exercise establishments. "Health and exercise establishments" means an establishment designed and equipped for the conduct of sports, exercise activities, and other customary and usual recreational activities, including tennis, racquetball, handball and squash courts, weight and aerobic exercise rooms, running facilities, swimming pools, and whirlpool and sauna facilities. Permitted accessory uses shall include child care, sun tanning booths, massage, health and nutrition counseling services, retail sales of sporting goods, and restaurant services. 18.04.820 Home occupation or profession. "Home occupation or profession" means any use conducted entirely within a dwelling, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and which meets the requirements of this title. 18.04.830 Hospital. "Hospital" means an institution for the diagnosis, treatment, or other cure of human ailments and includes sanitarium or clinic, provided such institution is operated by, or treatment is given, under direct supervision of a physician licensed to practice by the state of Montana. 18.04.840 Hotel or motel. "Hotel or motel" means a building or a group of buildings, in which lodging is provided and offered to transient guests for compensation; shall not include a boarding house, lodginghouse or roominghouse. 18.04.850 Incidental. "Incidental" means any action or use of less importance, or secondary to, any other action or use. 18.04.860 Industry, heavy. "Heavy industry" means those industries whose processing of products results in the emission of any atmospheric pollutant, light flashes, or glare, odor, noise or vibration which may be heard and/or felt off the premises and those industries which constitute a fire or explosion hazard. 18.04.870 Industry, light. "Light industry" means those industries whose processing of products results in none of the conditions described for heavy industry. 18.04.880 Junkyard. "Junkyard" means any place at which personal property is or may be salvaged for reuse, resale, or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or sorted, including but not limited to: use of salvaged base metal or metals, their compounds or combinations; used or salvaged rope, bags, rags, glass, rubber, lumber, millwork, brick, automobiles and similar property which are used, owned or possessed for the purpose of wrecking or salvaging parts therefrom. 17 18.04.885 Large Scale Broadcast Facility. "Large Scale Broadcast Facility" means a facility, twenty feet or greater in height from the base to the highest point including attachments, designed and constructed specifically to support one or more antennae and may include a monopole, self supporting (lattice) tower, guy-wire supported tower, and other similar structures and/or a facility broadcasting in the electromagnetic spectrum with 1,000 watts or greater Effective Radiated Power. When calculating the height of a facility, other structures designed for other uses such as office buildings or water towers shall not be included in the calculation. 18.04.890 Loading and unloading bays. "Loading and unloading" bays means the off-street area required for the receipt of or distribution, by vehicles, of material or merchandise. 18.04.900 Lodginghouse. "Lodginghouse" means a building with more than two but not more than ten guest rooms where lodging with or without meals is provided for compensation. Also referred to as a boardinghouse. 18.04.910 Lot. "Lot" means a piece, parcel, plot, tract or area of land occupied or capable of being occupied by one or more principal buildings, and the accessory buildings or uses customarily incidental to them, and including the open spaces required under this title, and having its principal lot frontage on a street. 18.04.920 Lot area. "Lot area" means the total horizontal area within the boundary lines of a lot. 18.04.930 Lot, corner. A lot at a junction of and fronting on two or more intersecting streets. 18.04.940 Lot, interior. A lot other than a corner or through lot. 18.04.950 Lot, through. A lot having frontage on two parallel or approximately, parallel streets. 18.04.960 Lot coverage. The percentage of the lot area covered by buildings. 18.04.970 Lot depth. The horizontal distance of a line measured at a right angle to the front lot line and running between the front lot line and rear lot line of a lot. 18.04.980 Lot line, front. In the case of an interior lot, a line separating the lot from the street, in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street and in the case of a through lot, a line separating the lot from the street from which a drive access may be permitted by the city. 18 18.04.990 Lot line, rear. A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. 18.04.1000 Lot line, side. Any lot boundary line not a front lot line or a rear lot line. 18.04.1010 Lot line, zero. A concept utilized to permit a wall of a building to be located on a property line. 18.04.1020 Lot width. The distance as measured in a straight line, between side lot lines at the points of intersection with the required front building line. 18.04.1030 Manufactured home. See definition of mobile home, Section 18.04.1090. 18.04.1040 Manufacturing. The creation of products either with machinery or by hand according to an organized plan and with the division of labor. 18.04.1050 Manufacturing, light. Fabrication of and/or assembly of goods from previously prepared materials. 18.04.1060 Master plan. "Master plan" means the Bozeman master plan. 18.04.1070 Medical offices, clinics and centers. An establishment where patients are admitted for special study and treatment by licensed health care professionals. 18.04.1080 Mining. The extraction of sand, gravel, or other material from the land in the amount of four hundred cubic yards or more and the removal thereof from the site without processing. 18.04.1090 Mobile homes. "Mobile home" means a factory-assembled structure or structures, exceeding eight feet in width, originally equipped with the necessary service connections and originally made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as a dwelling unit(s) without a permanent foundation, whether or not the running gear has been removed. See also definition of manufactured home, Section 18.04.1030. 18.04.1100 Mobile home park. "Mobile home park" means any plot of ground upon which two or more mobile homes, occupied or intended to be occupied for dwelling or sleeping purposes, are located. 18.04.1110 Mobile home space. 19 "Mobile home space" means a plot of ground within a mobile home park designed for the accommodation of one mobile home. 18.04.1120 Mobile home stand. "Mobile home stand" means that portion of an individual mobile home space which has been reserved for the placement of a mobile home and structures or additions appurtenant to the mobile home. 18.04.1130 Mobile office. "Mobile office" means a factory assembled structure or structures exceeding eight feet in width, originally equipped with the necessary service connections, and originally made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as an office without a permanent foundation, in compliance with all applicable state regulations, whether or not the running gear has been removed. 18.04.1140 Model home. "Model home" means a home constructed to display a builder's for sale or lease units but which does not serve as a dwelling unit until sold as a residence. 18.04.1150 Modular or sectional home. "Modular or sectional home" means a dwelling unit mass produced in a factory, designed and constructed for transportation to a site for occupancy when connected to the required utilities and when permanently anchored to a permanent foundation, and whether intended for use as an independent, individual unit or in combination with other units to form a larger building. 18.04.1160 New construction. "New construction" means development commenced on or after the effective date of the ordinance codified in this title. 18.04.1170 Noxious matter or material. "Noxious matter or material" means material capable of causing injury to living organisms by chemical reaction or capable of causing detrimental effects on the physical or economic well-being of individuals. 18.04.1180 Nonconforming use. See definition of use, nonconforming, Section 18.04.1700. 18.04.1190 Nursing home. "Nursing home" means an extended or intermediate care facility licensed or approved to provide fulltime convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. 18.04.1200 Nursery, plant. "Plant nursery" means facilities for commercial development, growth and sale of plants and/or for the utilization of and storage of equipment for landscaping operation and wholesale and/or retail or commercial gardening supplies. 18.04.1210 Offices. 20 "Offices" means structures, or portions of structures, in which commercial activities take place but where goods are not produced, sold or repaired. These include: general and professional offices; governmental offices; insurance offices; real estate offices taxi-cab offices (but not taxi stands); travel agency or transportation ticket offices; telephone exchange; utility offices; radio broadcasting and similar uses. 18.04.1220 Open sales (or rental) lot. "Open sales (or rental) lots" means any land used or occupied for the purpose of buying, selling or renting for use away from the premises, any goods, materials or merchandise, and for the exterior storing of same prior to sale or rental. 18.04.1230 Open space, useable. That space which is capable of being used by the public for recreation, relaxation and social purposes. Parking lots and perimeter landscaping are specifically excluded from this definition of useable open space. 18.04.1240 Overlay zone. "Overlay zone" means a zone superimposed upon an underlying zone which establishes special requirements in addition to, or in lieu of, those of the underlying zone. 18.04.1250 Parking area. "Parking area" means an area, other than a street or alley designated for use, or used, as temporary parking of vehicles. 18.04.1260 Parking space, off-street. "Parking space, off-street" means a space designated for the temporary parking of a motor vehicle not on the right-of-way or alley but accessible from a street or alley. 18.04.1270 Party wall. "Party wall" means any wall of a building or structure which is common to two or more buildings, and which has a minimum of one-hour fire-resistant construction as defined and regulated by the latest adopted Uniform Building Code. 18.04.1280 Paved parking space or surface. "Paved parking space or surface" means an area covered by an impervious dust free surface of asphalt or concrete designed to specifications of the director of public service. 18.04.1290 Personal and convenience services. "Personal and convenience services" means businesses offering services such as barbershops, beauty shops, shoe repair, laundromats, laundry and dry cleaning pickup and delivery stations, and similar uses. 18.04.1300 Persons. "Persons" means and includes any individual or group of individuals, corporations, partnerships, associations, or any other organized group of persons, including state and local governments and agencies thereof. 21 18.04.1310 Planning director. "Planning director" means the director of the Bozeman office of planning and community development and the person charged with the administration of this title. 18.04.1320 Property, personal. "Personal property" means property, other than real property, consisting of things temporal and movable. 18.04.1330 Property, real. "Real property" means property consisting of buildings and/or land. 18.04.1340 Recreational vehicle. "Recreational vehicle" means a vehicular type portable structure without permanent foundation, which can be towed, hauled or driven primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes less than eight feet in width and thirty-three feet in length. 18.04.1350 Recreational vehicle park. "Recreational vehicle park" means a plot of ground upon which two or more sites are located, established or maintained for occupancy by the general public as temporary living quarters for travel, recreation or vacation purposes. 18.04.1360 Research laboratory. "Research laboratory" means an establishment or facility for carrying on investigation in the natural, physical or social sciences, or engineering and development as an extension of investigation with the objective of creating end products. 18.04.1370 Restaurant. "Restaurant" means any restaurant (except a drive-in restaurant or a convenience food restaurant as defined in this chapter), coffee shop, cafeteria, short-order cafe, luncheonette, sandwich stand, drugstore, and soda fountain serving food. 18.04.1380 Retail. "Retail" means the sale of tangible personal property for any purpose other than for resale. 18.04.1390 Right-of-way. A public way established or dedicated for public purposes by duly recorded plat, deed, grant, governmental authority or by operation of the law. 18.04.1400 School. "School" means 1) any pre-primary, primary or grammar, public, parochial or private school, high school; 2) preparatory school or academy, public or founded, or owner or conducted by or under the sponsorship of a religious or charitable organization; 3) private preparatory school or academy furnishing courses of instruction substantially equivalent to the courses offered by public high schools for preparation of admission to college or universities which award B.A. or B.S. degrees; 4) junior college or university, public or founded or conducted by or under the sponsorship of a religious or charitable organization; or 5) private school when not conducted as a commercial enterprise for the profit of individual owners or stockholders. 22 18.04.1410 Screening. "Screening" means a solid or nearly solid barrier (i.e., wall, fence, plantings) constructed or installed for the purpose of visual separation. 18.04.1420 Setback line. "Setback line" means that line that is required minimum distance from the street right-of-way or public access easement line or any other lot line that establishes the area within which structures must be placed, as specified in this code. 18.04.1430 Sewer, public. "Public sewer" means any sanitary sewer line owned and maintained by the city, whether or not installed by the city. 18.04.1440 Sewer system, community. "Community sewer system" means any sanitary sewer system, whether treatment plant, septic tank or lagoon designed with a sewer collection system to be used by a legally constituted association of properly owners. The system may or may not be a public system. 18.04.1450 Sign. Sign-related definitions can be found in Chapter 18.65, sign code, of this title. 18.04.1460 Site plan. "Site plan" means a scale drawing showing the accurate location of all structures, streets, alleys, and parking areas existing and proposed on subject property or any other information as may be required by this title. 18.04.1465 Small Scale Broadcast Facility. "Small Scale Broadcast Facility" means a facility, less than twenty feet in height from the base to the highest point including attachments, designed and constructed specifically to support one or more antennae and may include a monopole, self supporting (lattice) tower, guy-wire supported tower, and other similar structures and/or a facility broadcasting in the electromagnetic spectrum with less than 1,000 watts Effective Radiated Power. When calculating the height of a facility other structures designed for other uses such as office buildings or water towers shall not be included in the calculation. This definition excludes private, receive only, antennae such as for the reception of television signals. 18.04.1470 Spa. See definition of health and exercise establishments, Section 18.04.810. 18.04.1480 Stable, private. "Private stable" means any building located on a lot which is designed, arranged, used or intended to be used for not more than four horses for the private use of the owner of the lot, but shall not exceed six thousand square feet in area. 18.04.1485 Stealth or Camouflaged. "Stealth" or "Camouflaged" means placement of a telecommunications facility in such a way that it may not be discerned as being separate from the principal use of a site. This may be accomplished through visual screening, use of color, or encasement of the facility within an 23 existing structure such as a steeple. A stealth installation may also include the placement of a new structure to contain the facility so long as the new structure complies with the height, setback, and other requirements of the zoning code or is otherwise exempt from those requirements. 18.04.1490 Street. "Street" means a right-of-way, other than an alley, dedicated or otherwise legally established for public use, usually affording the principal means of access to abutting property. 18.04.1500 Street, arterial. "Arterial street" means a street so designated in the Bozeman master plan. 18.04.1510 Street, collector. "Collector street" means a street so designated in the Bozeman master plan. 18.04.1520 Street, local. "Local street" means a street designed to provide vehicular access to abutting properties and to discourage through traffic. 18.04.1530 Street frontage. "Street frontage" means any property line separating a lot from a street; the front lot line. 18.04.1540 Street, public. "Public street" means any street which has been dedicated or is otherwise publicly owned by the city. Any street not a public street shall be deemed a private street. 18.04.1550 Structure. "Structure" means anything constructed or erected which requires location on the ground. 18.04.1560 Structure, nonconforming. "Nonconforming structure" means any structure which was legal prior to the effective date of the ordinance codified in this chapter which fails to comply with the building location standards, and/or size requirements of the applicable zone of this title in which it is located. 18.04.1570 Structural alteration. "Structural alteration" means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any change in the exterior walls or the roof. 18.04.1580 Subdivision or development construction yard. "Subdivision or development construction yard" means a temporary office and/or vehicular and material storage yard. 18.04.1590 Swap meet. "Swap meet@ means any permanent or temporary sales or lot where the sale or trade of goods, materials and merchandise takes place outside any permanent structure, from within temporary structures or from vehicles and where several sellers or traders may congregate for the purpose of selling or trading. 24 18.04.1600 Swimming pools. "Swimming pool" means either a portable or permanent water container used for recreational purposes which at its deepest point is over eighteen inches and has a volume in excess of one hundred fifty cubic feet of water. 18.04.1605 Tower. "Tower" means a structure greater than ten feet in height designed and constructed specifically to support one or more antennae and may include a monopole, self supporting (lattice) tower, guy-wire supported tower, and other similar structures. A tower does not include other buildings or structures designed for other uses such as a tall office building or water tank. 18.04.1610 Townhouse. "Townhouse" means a single-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent building and/or buildings by party walls, or are located immediately adjacent thereto without any visible separation between walls or roof, all of which dwellings may be located on individual and separate lots, if individually owned, or upon a single lot, if under common ownership. 18.04.1620 Townhouse cluster. "Townhouse cluster" means a building consisting of three or more noncommunicating, attached one family units placed side by side and/or back to back, with no unit located over another, and having a common wall between each two adjacent dwelling units. 18.04.1630 Truck service station. "Truck service station" means an occupancy which provides especially for the servicing of trucks, with incidental operations similar to those permitted for automobile ' service stations. 18.04.1640 Truck stop. A. "Truck stop" means a facility for the servicing of diesel powered trucks and tractor trailers. A truck stop shall mean any one or more of the following: 1. Four or more diesel fuel dispensers; 2. Two or more bays for truck washing; 3. Facilities for diesel engine repair. B. Other uses present at the same facility such as convenience markets or restaurants shall not be determinative of whether or not the facility is a truck stop. 18.04.1650 Truck washing establishment. "Truck washing establishment" means a facility designed to primarily serve to semi-trailer and tractor travel as a place to have such vehicles cleaned. 18.04.1660 Unit, efficiency. "Efficiency unit" means a dwelling unit containing only one habitable room as defined and regulated by the latest adopted Uniform Building Code. 18.04.1670 Use. "Use" means the employment or occupation of a building, structure or land for a person's service, benefit or enjoyment. 25 18.04.1680 Use, accessory. See definition of accessory building or use, Section 18.04.030. 18.04.1690 Use, conditional. "Conditional use" means either a public or private use as listed in this title which, because of its unique characteristics, cannot be properly classified as a principal use or accessory use in a particular district. After consideration in each case of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, a permit for such conditional use may or may not be granted, with or without conditions, in addition to any condition specifically stated in this title for any particular conditional use, including time limits, pursuant to the requirements of this title. 18.04.1700 Use, nonconforming. "Nonconforming use" means an existing use of land or building which was legal prior to the effective date of the ordinance codified in this title but which fails to comply with the requirements set forth in this title applicable to the zone in which such use is located. 18.04.1710 Use, permitted. "Permitted use" means a use which is lawfully established in a particular district or districts and which conforms with all requirements, regulations, and performance standards of such district. A permitted use may be a principal use, an accessory use, or a conditional use. 18.04.1720 Use, principal. "Principal use" means a use or structure which determines the predominant or major use of the lot on which it is located. The principal use shall be that use which establishes the character of the property relative to surrounding or adjacent properties. 18.04.1730 Use, temporary. "Temporary use" means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period. 18.04.1740 Variance. "Variance" means a modification or variation of the provisions of this title as applied to a specific piece of property. No variance regarding use of property shall be permitted. Variance may be permitted only by the city commission. 18.04.1750 Variance, dimensional. "Dimensional variance" means departure from the terms of the zoning regulations pertaining to height or width or structures and size of yard and open spaces where such departure will not be contrary to the public interest and where, owing to conditions peculiar to the property because of its size, shape or topography, and not as a result of the action of the applicant, the literal enforcement of the zoning regulations would result in unnecessary and undue hardship. 18.04.1760 Veterinary clinic. See definition of animal hospital, Section 18.04.100. 18.04.1770 Warehouse. 26 "Warehouse" means an enclosed building designed and used primarily for the storage of goods and materials. 18.04.1780 Warehouse, residential storage (mini-warehouse). "Residential storage warehouse (mini-warehouse)" means a building or group of buildings in a controlled access and fenced or screened compound that contains relatively small storage spaces of varying sizes and/or spaces for recreational vehicles or boats, having individual, compartmentalized and controlled access for the dead storage of excess personal property of an individual or family generally stored in residential accessory structures, when such building or group of buildings are not located on the lot of the residence. 18.04.1790 Watercourse. "Watercourse" means any natural stream, river, creek, drainage, waterway, gully, ravine or wash in which water flows either continuously or intermittently and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow. The term watercourse shall not be construed to mean any facility created exclusively for the conveyance of irrigation water. 18.04.1800 Wholesale establishment. "Wholesale establishment" means an establishment for the sale of goods and merchandise for resale instead of for direct consumption. 18.04.1810 Wrecking yard. "Wrecking yard" means a place, lot or area where the primary function is that of dismantling, storage, abandonment or sale of goods and materials as parts or scraps. 18.04.1820 Yard. "Yard" means a space on the same lot with a principal building, which is open and unoccupied from the ground upward or from the ground downward other than by steps, walks, terraces, driveways, lamp posts and similar structures, and unobstructed by structures, except as otherwise provided in this title. 18.04.1830 Yard, corner side. "Corner side yard" means a yard on a corner lot the area of which is bounded by a line extending from the front of the principal building (the front building line) to a point intersecting the side street right-of-way line (side lot line), then along the side lot line to a point intersecting the rear lot line, then along the rear lot line to a point intersecting the line formed by extending the wall of the nearest principal building paralleling the side lot line. 18.04.1840 Yard, front. "Front yard" means a yard extending across the full width of the lot between two side lot lines the depth of which is the least distance between the street right-of-way and the front building line. 18.04.1850 Yard, rear. "Rear yard" means a yard extending across the full width of the lot between the two side lot lines and between the rear line and a parallel line tangent to the rear of the principal building and the depth of which is the least distance between the rear lot line and the parallel line. 27 18.04.1860 Yard, required. "Required yard" means the minimum dimension of a front, side or rear yard as established by the use regulations for each district. See also definition of building line, required, Sections 18.04.270 through 18.04.290. 18.04.1870 Yard, side. "Side yard" means a yard extending between the front building line and the rear building line, the width of which is the least distance between the side lot line and the nearest part of the principal building. 18.04.200 Zoning Commission. "Zoning commission" means the Bozeman zoning commission, the appointed body responsible for making recommendations to the city commission relative to this title and the zoning jurisdiction of the city. 18.04.1880 Zoning map. A map or maps with all notations, dimensions, references and symbols shown thereon depicting individual zoned districts in accordance with this title. 28 Chapter 18.06 ZONING DISTRICTS AND ZONING MAP Sections: 18.06.010 Use districts designated Zoning map adopted. 18.06.020 Official map-Availability, certification and authority Changes. 18.06.030 Official map-Replacement conditions. 18.06.040 Boundary interpretation guidelines. 18.06.050 Zoning of annexed territory. 18.06.060 Classification of particular uses - Planning director and city commission authority. 18.06.010 Use districts designated-Zoning map adopted. A. The city is divided into zones, or districts, as shown on the official zoning maps which, together with all explanatory matter thereon, are adopted by references and declared to be a part of this title. B. For the purpose of this title, the city is divided and classified into the following use districts: A-S Agricultural Suburban District R-S Residential Suburban District R-1 Residential Single-Family, Low Density District R-2 Residential Single-Family, Medium Density District R-2a Residential Single-Family, Medium Density District R-3a Residential Two-Family, Medium Density District R-3 Residential Medium Density District R-4 Residential High Density District R-O Residential Office District B-1 Neighborhood Business District B-2 Community Highway Business District B-3 Central Business District M-1 Light Manufacturing District M-2 Manufacturing and Industrial District BP Business Park District HMU Historic Mixed Use PLI Public Lands and Institutions District NC Neighborhood Conservation Overlay District EO Bozeman Area Entryway Overlay District FH Flood Hazard Overlay District (refer to Federal Insurance Rate Maps for locations) R-MH Residential-Mobile Home District. 18.06.020 Official map-Availability, certification and authority - Changes. A. The official maps shall be available in the office of the planning director and shall bear certificate with the signature of the mayor attested by the clerk of the commission and the date of adoption of the ordinance codified in this title. 29 B. The certificate should read as follows: This is to certify that this is an Official Zoning Map referred to in Section of Ordinance Number of the City of Bozeman, Montana. Mayor ____________________________ Attested ___________________________ Date of Amendment _________________ C. If any changes to the map are made by amendment of this title in accordance with Chapter 18.55 hereof, such changes shall be made to the official zoning maps and signed, dated and certified upon the map or upon the material attached thereto. D. Regardless of the existence of purported copies of the official zoning maps, which may from time to time be made or published, the official zoning maps kept in the city offices by the planning director shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the city. 18.06.030 Official map-Replacement conditions. A. In the event that the official zoning maps become damaged, destroyed, lost or difficult to interpret because of the nature or number of changes or additions thereto, the city commission may adopt and certify new official zoning maps which shall supersede the prior official zoning maps. The new official zoning maps may correct drafting or other errors or omissions in the prior map, but no such corrections shall have the effect of amending the original official zoning maps or any subsequent amendment thereof. B. The new official zoning maps shall be identified by signature of the mayor attested by the clerk of the commission. The certificate should read as follows: This is to certify that this official Zoning Map supersedes and replaces the Official Zoning Map adopted as part of Ordinance Number _______ of the City of Bozeman, Montana. Mayor ____________________________ Attested ___________________________ Date of Amendment __________________ 18.06.040 Boundary interpretation guidelines. A. Where uncertainly exists as to the boundaries of districts as shown on the official zoning map, the boundaries shall be interpreted as following the nearest logical line to that shown: 1. Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerlines; 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; 3. Boundaries indicated as approximately following city limits shall be construed as following such city limits; 4. Boundaries indicated as following railroad lines shall be construed to be midway between the main track(s); 5. Boundaries indicated as following the centerline of streams, rivers, canals, or ditches shall be construed to follow such centerlines; 6. Boundaries indicated as parallel to or extensions of features indicated on the official zoning map shall be determined by the scale of the map. B. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or where other circumstances or controversy arise over district 30 boundaries; the planning director shall interpret the district boundary such interpretation may be subject to appeal to the city commission. C. Where district boundaries divide a lot or parcel into two or more districts, the entire lot or parcel shall be deemed to have only the characteristics and uses of the most restrictive district that any part of the lot or parcel rests within. However, for properties which lie partially within a specified overlay district, the planning director, may determine that overlay district regulations shall apply only to that portion of the property lying within the specified overlay district. The criteria for making such a determination shall include an evaluation of site topography and the degree to which the development portion of the property lying outside of the overlay district is integrated with the development lying within the district. 18.06.050 Zoning of annexed territory. A. All territory which may hereafter be annexed to the city shall be, in conjunction with the annexation, zoned to the most similar or nearest zoning classification district applied to the territory by any county zoning ordinance prior to the annexation. The city commission shall determine the appropriate zoning for any and all areas to be annexed to the city but shall request a recommendation from the zoning commission and shall take into consideration the Bozeman master plan. B. In lieu of subsection A of this section above, when such zoning of annexed territory is to be effective at the time of such annexation and is to be different from the most similar or nearest classification district applied to the territory by any county zoning ordinance prior to the annexation, the city commission shall have previously requested a recommendation from the zoning commission, taking into account the Bozeman master plan, in order that the city commission may determine the proper zoning by zoning amendment to be effective upon the effective date of such annexation. 18.06.060 Classification of particular uses - Planning director and city commission authority. A. The planning director shall determine the appropriate classification of a particular use. In making this determination, the planning director shall find: 1. That the use is the same as one or more uses permitted in the district wherein it is proposed to be located or, 2. That the use is so similar to one or more uses permitted in the district wherein it is proposed to be located as to be interpreted as the same, so long as: a. The use and its operation are compatible with the uses permitted in the district wherein the use is proposed to be located, b. The use will not cause substantial injury to values of property in the neighborhood or district wherein it is proposed to be located, and c. Neither the intent of this title nor the intent of the district will be abrogated by such classification. B. If a question arises concerning the appropriate classification of a particular use, the planning director may submit the question to the city commission to determine whether the particular use is the same, or so similar as to be interpreted the same as a listed permitted or conditional use. In making such a determination, the city commission shall find that the criteria set forth in either subsection (A)(1) or (A)(2) of this section are met. C. If a specific use is not listed and cannot be interpreted to be the same, or so similar so as to be interpreted the same, as a listed permitted or conditional use, the use shall not be allowed. However, a zoning code amendment may be submitted for review and approval pursuant to the requirements of this title to allow such use as a listed permitted or conditional use. 31 Chapter 18.08 APPLICATION OF REGULATIONS Sections: 18.08.010 Application of regulations. 18.08.020 Compliance with zoning regulations required. 18.08.030 Area requirements for individual buildings - Restrictions. 18.08.040 Yards and lots-Reduction prohibited. 18.08.010 Application of regulations. The regulations set by this title shall be minimum regulations and all regulations as categorized shall apply uniformly to each class or kind of structure or land and particularly the regulations which follow. 18.08.020 Compliance with zoning regulations required. No building, structure or land shall hereafter be used or occupied, and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, and no development shall commence unless it is in conformity with all of the regulations herein specified for the district in which it is located. To the maximum extent possible, all city-owned land shall be subject to applicable regulations of the underlying zoning district. Development of such land shall be subject to approval by the city commission upon review of the design review board and development review committee. 18.08.030 Area requirements for individual buildings-Restrictions. No part of any yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this title, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building except as provided in Section 18.50.120 of this title. 18.08.040 Yards and lots-Reduction prohibited. No yard or lot existing at the time of adoption of the ordinance codified in this title shall be reduced in dimension or area below the minimum requirements of said ordinance except as set forth herein. Yards or lots created after the effective date of said ordinance shall meet at least the minimum requirements established by this title. 1 1 Chapter 18.10 A-S AGRICULTURE SUBURBAN DISTRICT Sections: 18.10.010 Intent. 18.10.020 Permitted uses. 18.10.030 Lot area and width. 18.10.040 Lot coverage. 18.10.050 Yards. 18.10.060 Building height. 18.10.070 Animal enclosure setbacks. 18.10.010 Intent. The intent of the A-S agriculture suburban district is to encourage cluster development so that areas of agriculture and areas of environmental concern are preserved. It is intended that through the use of this district, agricultural pursuits and/or open space will be preserved and environmental pursuits and/or open space will be preserved and environmental concerns, such as high water table and floodplains, will be protected. 18.10.020 Permitted uses. Permitted uses in the A-S district are as follows: A. Principal Uses. Agricultural uses One-family dwellings One-family mobile homes on permanent foundations which meet all the requirements of Section 18.50.180 Essential services (Type I) Family day care home Group day care home Nursery, plant Public parks B. Conditional Uses. Airfield, personal use Bed and breakfast homes Churches Community residential facilities Day care centers Essential services (Type II) Golf courses Group homes Hunting and fishing clubs Public and private parks and playgrounds Veterinary uses Recreational vehicle parks and campgrounds Residence for owner or caretaker of recreational vehicle parks and campgrounds Schools Temporary sales and office buildings 2 2 Any use approved as part of a planned unit development subject to the provisions of Chapter 18.54 C. Accessory Uses. FCC earth stations Fences Greenhouses Guesthouses Home occupations On-premise sale of products produced thereon Private garages Private or jointly owned community center recreation facilities, pools, tennis courts and spas Signs, subject to Chapter 18.65 Single-family or multifamily dwellings to house employees working on the farm or ranch Temporary buildings and yards incidental to construction work Tool sheds for storage of domestic supplies. Other buildings and structures typically accessory to residential and agricultural uses. 18.10.030 Lot area and width. A. Standard Development Option. Minimum lot area in the A-S district shall be twenty acres, with a lot width not less than six hundred sixty feet. B. Cluster Development Option. 1. This option is intended to encourage land reassemblage and cluster development, or other planned development meeting the intent of the Bozeman master plan update. 2. For developments using this option density bonuses over the one dwelling unit per twenty acres may be permitted where the land to be subdivided consists of at least twenty-five acres, and where the average net size of residential lots is limited to not more than one acre, thereby maximizing the amount of land remaining in agricultural production or open space. 3. Any development using the cluster development option shall be subject to the requirements of Figure 18.10.030, Cluster Density Bonuses. However, additional density bonuses may be available where the proposed development enhances and/or preserves identified community interests such as wildlife habitat, open space corridors, ridge lines or riparian areas. C. Planned Unit Development (PUD) Option. Lot area and width in the A-S district may be determined through a PUD review process, subject to the provisions of the master plan, and in relation to urban growth area and existing sewer service boundary lines as depicted therein. This option is intended to encourage creative planned developments. 18.10.040 Lot coverage. Not more than five percent of the lot area in the A-S district shall be covered by the principal and accessory buildings. 18.10.050 Yards. Every lot in the A-S district shall have the following minimum yards: Front yard 35 feet Rear yard 25 feet Side yards 25 feet each side. 18.10.060 Building height. 3 3 A. In the A-S district, maximum building height for buildings designed and constructed for human occupancy shall be as follows: 1. Roof pitch greater than 6:12- thirty-four feet; 2. Roof pitch 3:12 or greater but not greater than 6:12 -thirty feet; and 3. Roof pitch less than 3:12-twenty- four feet. B. Only structures necessary for agriculture uses may exceed these allowable heights. 18.10.070 Animal enclosure setbacks. Except for pastures, any stable, barn, hutch, pen, shed or other such structure built to enclose or house animals or fowl shall be not less than fifty feet from any structure used for human occupancy. 4 4 5 5 Figure 18.10.030 CLUSTER DRIVEN DENSITY BONUSES Size of Tract to be Developed (in acres) 0 20 40 60 80 100 120 Number of Dwelling Units Permitted 1 2 3 4 5 10 15 20 25 30 Continued as a Straight Line Projection 6 6 Chapter 18.12 R-S RESIDENTIAL-SUBURBAN COUNTRY ESTATES DISTRICT Sections: 18.12.010 Intent. 18.12.020 Permitted uses. 18.12.030 Lot area and width. 18.12.040 Lot coverage and floor area. 18.12.050 Yards. 18.12.060 Building height. 18.12.010 Intent. A. The intent and purpose of the R-S residential suburban country estates districts lying outside the urban growth area boundary as depicted in the master plan is to allow single-family development on lots not smaller than one acre, or at the maximum density allowed by State Department of Health regulations, in accordance with normal subdivision review procedures. B. Any area lying within the urban growth area boundary as depicted in the plan, and which was zoned R-S residential-suburban country estates, but not platted, subdivided or considered part of an approved master plan or phased development prior to the effective date of the ordinance codified in this title, or any newly designated R-S districts lying within the same area, shall be subject to the provisions of Chapter 18.54, Planned Unit Development, and shall be developed in compliance with the adopted Bozeman master plan, and more particularly the planned unit development requirements of the suburban residential land use classification. 18.12.020 Permitted uses. Permitted uses in the R-S district are as follows: A. Principal Uses. Agricultural uses on two and one-half acres or more, including barns and animal shelters and the keeping of animals and fowl, together with their dependent young, as hereinafter set forth per two and one-half acres: one horse or one cow; two sheep or two goats; ten rabbits; thirty-six fowl (chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese, turkeys, etc.) One-family dwellings One-family mobile homes on permanent foundations which meet all the requirements of Section 18.50.180 Essential services (Type I) Family day care home Group day care home Public and private parks and playgrounds. B. Conditional Uses. Agricultural uses on less than two and one half acres Churches Community residential facilities Day care centers Essential services (Type II) FCC earth stations Golf courses 7 7 Group homes Veterinary uses Other recreational uses Schools Temporary sales and office buildings Any use approved as part of a planned unit development subject to the provisions of Chapter 18.54. C. Accessory Uses. Fences Greenhouses Guesthouses Home occupations Private garages Private or jointly owned community center recreational facilities, pools, tennis courts and spas Signs, subject to Chapter 18.65 Temporary buildings and yards incidental to construction work Tool sheds for storage of domestic supplies Other building and structures typically accessory to residential or agricultural uses. 18.12.030 Lot area and width. A. Lot area and width for newly created lots in R-S districts lying within the designated urban growth area shall be determined through the PUD review procedures set forth in Chapter 18.54, in compliance with the adopted Bozeman master plan. B. Minimum lot area for newly created lots in R-S districts lying outside of the designated urban growth area shall be one acre or at the maximum density allowed by State Department of Health regulations. Lot width shall be a minimum of one hundred fifty feet unless a community water and/or sewer system is utilized in which case lot width shall be a minimum of one hundred feet. C. Existing lots in the R-S district not utilizing a community water and/or sewer system shall be considered nonconforming lots if less than one-acre in area and/or one hundred feet in width and subject to Section 18.50.160. Existing lots in the R-S district utilizing a community water and/or sewer system shall be considered nonconforming lots if less than one-half acre in area and/or one hundred feet in width and subject to Section 18.50.160. 18.12.040 Lot coverage and floor area. Lot coverage and floor area for newly created lots in the R-S district shall be determined through the PUD review procedures set forth in Chapter 18.54, in compliance with the adopted Bozeman master plan. For existing lots in the R-S district, not more than twenty-five percent of the lot area shall be covered by principal and accessory buildings. Each dwelling unit shall have a minimum of one thousand square feet of floor area. 18.12.050 Yards. A.1. Every lot in the R-S district which existed prior to the effective date of the ordinance codified in this title shall have the following minimum yards: Front yard 35 feet Rear yard 25 feet Side yards 25 feet each side 8 8 2. Minimum yard requirements for newly created R-S lots shall be determined through the PUD review process. (NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.) B. All pens, coops, barns, stables or permanent corrals shall be set back not less than one hundred feet from any residence or public road and not less than fifty feet from any property line. 18.12.060 Building height. Maximum building height in the R-S district shall be as follows: A. Roof pitch greater than 6:12- thirty-four feet; B. Roof pitch 3:12 or greater but not greater than 6:12- thirty feet; and C. Roof pitch less than 3:12- twenty-four feet. 9 9 Chapter 18.14 R-1 RESIDENTIAL SINGLE-FAMILY, LOW DENSITY DISTRICT Sections: 18.14.010 Intent. 18.14.020 Permitted uses. 18.14.030 Lot area and width. 18.14.040 Lot coverage and floor area. 18.14.050 Yards. 18.14.060 Building height. 18.14.010 Intent. The intent of the R-1 residential single-family, low density district is to provide for low density single-family residential development within the city, to conform to the system of services available, to the slope of the land or other limiting factors, and to provide for such community facilities and services as will serve the area's residents while protecting the residential character and quality of the area. 18.14.020 Permitted uses. Permitted uses for the R-1 district are as follows: A. Principal Uses. One-family dwellings Essential services (Type I) Family day care home Group day care home Public parks B. Conditional Uses. Churches Community residential facilities Day care centers Golf courses Group homes Schools Temporary sales and office buildings Private storm water control facilities Any use approved as part of a planned unit development subject to the provisions of Chapter 18.54 C. Accessory Uses. Fences Greenhouses Guesthouses Home occupations Private garages Private or jointly owned community center recreational facilities, pools, tennis courts, spas Signs, subject to Chapter 18.65 Temporary buildings and yards incidental to construction work 10 10 Tool sheds for storage of domestic supplies Other buildings and structures typically accessory to residential uses. 18.14.030 Lot area and width. Lot area for any use in the R-1 district shall be not less than ten thousand square feet and no lot width shall be less than eighty feet. 18.14.040 Lot coverage and floor area. In the R-1 district, not more than forty percent of the lot area shall be occupied by the principal and accessory buildings. Each dwelling unit shall have a minimum of one thousand two hundred fifty square feet of floor area. 18.14.050 Yards. Every lot in the R-1 district shall have the following minimum yards: Front yard 25 feet Rear yard 25 feet Side yards 12 feet each side (NOTE: All yards will be subject to the provisions of Section 18.50.060(D) when applicable.) 18.14.060 Building height. Maximum building height in the R-1 district shall be as follows: A. Roof pitch greater than 6:12- thirty-two feet; B. Roof pitch 3:12 or greater but not greater than 6:12- twenty-eight feet; and C. Roof pitch less than 3:12- twenty-four feet. 11 11 Chapter 18.16 R-2 RESIDENTIAL SINGLE-FAMILY, MEDIUM-DENSITY DISTRICT Sections: 18.16.010 Intent. 18.16.020 Permitted uses. 18.16.030 Lot area and width. 18.16.040 Lot coverage and floor area. 18.16.050 Yards. 18.16.060 Building height. 18.16.010 Intent. The intent of the R-2 residential single-family medium-density district is to provide for single-family residential development of a medium density within the city in areas that present few or no development problems, and for neighborhood facilities to serve such development while preserving the residential quality and nature of the area. 18.16.020 Permitted uses. Permitted uses in the R-2 district shall be only those uses permitted in an R-1 district. 18.16.030 Lot area and width. Lot area for any use in the R-2 district shall be not less than seven thousand square feet and no lot width shall be less than seventy feet. 18.16.040 Lot coverage and floor area. In the R-2 district, not more than forty percent of the lot area shall be occupied by the principal and accessory buildings. Each dwelling unit shall have a minimum of one thousand square feet of floor area. 18.16.050 Yards. Every yard in the R-2 district shall have the following minimum yards: Front yard 25 feet Rear yard 20 feet Side yards 8 feet each side. (NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.) 18.16.060 Building height. Maximum building height in the R-2 district shall be as follows: A. Roof pitch greater than 6:12- thirty-two feet; B. Roof pitch 3:12 or greater but not greater than 6:12 - Twenty-eight feet; and C. Roof pitch less than 3:12- twenty-four feet. 12 12 Chapter 18.17 R-2a RESIDENTIAL SINGLE-FAMILY, MEDIUM DENSITY DISTRICT Sections: 18.17.010 Intent. 18.17.020 Permitted uses. 18.17.030 Lot area and width. 18.17.040 Lot coverage and floor area. 18.17.050 Yards. 18.17.060 Building height. 18.17.010 Intent. The intent of the R-2a residential single-family, medium density district is to provide for economical, single-family residential development of a density consistent with the Bozeman master plan within the city and in areas that present few or no development problems, and for neighborhood facilities to serve such development while preserving the residential quality and nature of the area. 18.17.020 Permitted uses. Permitted uses in the R-2a district shall be only those uses permitted in an R-2 district and one family mobile homes on permanent foundations which meet all requirements of Section 18.50.180. 18.17.030 Lot area and width. Lot area for any use in the R-2a district shall be not less than six thousand square feet, and no lot width shall be less than sixty feet. 18.17.040 Lot coverage and floor area. In the R-2a district, no more than forty percent of the lot area shall be occupied by the principal and accessory buildings. Each dwelling shall have a minimum of eight hundred square feet of floor area. 18.17.050 Yards. Every lot in the R-2a district shall have the following minimum yards: Front yard 25 feet Rear yard 20 feet Side yards 8 feet each side. (NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.) 18.17.060 Building height. Maximum building height in the R-2a district shall be as follows: A. Roof pitch greater than 6:12-thirty-two feet; B. Roof pitch 3:12 or greater but not greater than 6:12-twenty-eight feet; and C. Roof pitch less than 3:12-twenty-four feet. 13 13 Chapter 18.18 R-3a RESIDENTIAL TWO-FAMILY, MEDIUM DENSITY DISTRICT Sections: 18.18.010 Intent. 18.18.020 Permitted uses. 18.18.030 Lot area and width. 18.18.040 Lot coverage and floor area. 18.18.050 Yards. 18.18.060 Building height. 18.18.010 Intent. The intent of the R-3a district is to provide for one and two family residential development of a medium density within the city in areas that present few or no development problems, and for neighborhood facilities to serve such development while preserving the residential quality and nature of the area. 18.18.020 Permitted uses. Permitted uses in the R-3a district are as follows: A. Principal Uses. One-family dwellings Two-family dwellings Community residential facilities Essential services (Type I) Family day care home Group day care home Group homes Public parks B. Conditional Uses. Bed and breakfast homes Churches Day care centers Golf courses Lodginghouses (bed and breakfasts) Schools Temporary sales and office buildings Any use approved as part of a planned unit development subject to the provisions of Chapter 18.54 C. Accessory Uses. Fences Greenhouses Guesthouses Home occupations Private garages Private or jointly owned community center recreational facilities, pools, tennis courts and spas 14 14 Signs, subject to Chapter 18.65 Temporary buildings and yards incidental to construction work Tool sheds for storage of domestic supplies Other buildings and structures typically accessory to residential uses. 18.18.030 Lot area and width. A. In the R-3a district, minimum lot area for two-family units shall be six thousand square feet with a minimum lot width of sixty feet. B. Minimum lot area for one-family dwellings and other uses shall be five thousand square feet with a minimum lot width of fifty feet. 18.18.040 Lot coverage and floor area. In the R-3a district, not more than forty percent of the lot shall be occupied by the principal and accessory buildings. The average floor area of all dwelling units in a structure shall have a minimum of six hundred square feet. 18.18.050 Yards. Every lot in the R-3a district shall have the following minimum yards: Front yard 25 feet Rear yard 20 feet Side yards 8 feet each side. (NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.) 18.18.060 Building height. Maximum building height in the R-3a district shall be as follows. A. Roof pitch greater than 6:12- thirty-two feet; B. Roof pitch 3:12 or greater but not greater than 6:12- twenty-eight feet; and C. Roof pitch than 3:12- twenty-four feet. 15 15 Chapter 18.20 R-3 RESIDENTIAL MEDIUM-DENSITY DISTRICT Sections: 18.20.010 Intent. 18.20.020 Permitted uses. 18.20.030 Lot area and width. 18.20.040 Lot coverage and floor area. 18.20.050 Yards. 18.20.060 Building height. 18.20.010 Intent. The intent of the R-3 district is to provide for the development of one to five-family residential structures near service facilities within the city. It should provide for a variety of housing types to serve the varied needs of families of different size, age and character, while reducing the adverse effect of nonresidential uses. 18.20.020 Permitted uses. Permitted uses in the R-3 district are as follows: A. Principal uses. One-family dwellings One-family mobile homes on permanent foundations which meet all the requirements of Section 18.50.180 Two-family dwellings Three to four unit multiple-family dwelling unit structures Townhouse clusters, not to exceed five units or one hundred twenty feet in length Community residential facilities Essential services (Type I) Family day care home Group day care home Group homes Public parks B. Conditional Uses. Bed and breakfast homes Churches Day care centers Fraternity and sorority houses Golf courses Lodginghouses Schools Temporary sales and office buildings Any use approved as part of a planned unit development subject to the provisions of Chapter 18.54 C. Accessory Uses. Fences Greenhouses 16 16 Guesthouses Home occupations Private garages Private or jointly owned community center recreational facilities, pools, tennis courts and spas Signs, subject to Chapter 18.65 Temporary buildings and yards incidental to construction work Tool sheds for storage of domestic supplies Other building and structures typically accessory to residential uses. 18.20.030 Lot area and width. A. In the R-3 district, minimum lot area for two to four-family units shall be three thousand square feet dwelling unit with a minimum lot width of sixty feet. B. For townhouse clusters the minimum average lot area per unit in an individual structure shall be three thousand square feet. The minimum lot width shall be that of the width of the interior units. C. Minimum lot area for other uses, including one-family dwelling units, shall be five thousand square feet with a minimum lot width of fifty feet. 18.20.040 Lot coverage and floor area. In the R-3 district, not more than forty percent of the lot shall be occupied by the principal and accessory buildings. The average floor area of all dwelling units in a structure shall have a minimum of six hundred square feet. 18.20.050 Yards. Every lot in the R-3 district shall have the following minimum yards: Front yard 25 feet Rear yard 20 feet Side yards 8 feet each side (except zero lot line sides of townhouse units). (NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.) 18.20.060 Building height. Maximum building height in the R-3 district shall be thirty-eight feet for buildings with roof pitches of 3:12 or greater and thirty-two feet for buildings with flat roofs or with roof pitches of less than 3:12. 17 17 Chapter 18.24 R-4 RESIDENTIAL HIGH DENSITY DISTRICT Sections: 18.24.010 Intent. 18.24.020 Permitted uses. 18.24.030 Lot area and width. 18.24.040 Lot coverage and floor area. 18.24.050 Yards. . 18.24.060 Building height. 18.24.010 Intent. The intent of the R-4 residential high-density district is to provide for high density residential development with the city with associated service functions. This will provide for a variety of compatible housing types to serve the varying needs of the community's residents. 18.24.020 Permitted uses. Principal uses permitted in the R-4 district are the principal uses permitted in the R-3 district, plus bed and breakfast homes, lodging houses. apartment buildings and townhouse structures exceeding four units per structure as principal uses. Conditional uses permitted in the R-4 district are those conditional use permitted in the R-3 district, plus offices (as defined herein), and medical offices, clinics and centers. 18.24.030 Lot area and width. A. Lot area for two-family to four- family dwellings shall not be less than five thousand square feet, plus one thousand six hundred square feet for each additional unit over one, with a minimum lot width of fifty feet. B. Lot area for apartment buildings up to two stories shall not be less than five thousand square feet, plus eight hundred square feet for each additional dwelling unit over one. Minimum lot width shall be fifty feet. C. Lot area for apartment buildings of three or more stories shall not be less than five thousand square feet, plus six hundred square feet for each additional dwelling unit over one. Minimum lot width shall be fifty feet. 18.24.040 Lot coverage and floor area. In the R-4 district, not more than forty percent of the lot shall be occupied by the principal and accessory buildings. The average floor area of all dwelling units in a structure shall have minimum of six hundred square feet. 18.24.050 Yards. Every lot in the R-4 district shall have the following minimum yards: Front yard 25 feet Rear yard 20 feet Side yards 8 feet each side. (NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.) 18 18 18.24.060 Building height. Maximum building height in the R-4 district shall be thirty-eight feet for buildings with roof pitches of 3:12 or greater and thirty-two feet for buildings with flat roofs or with roof pitches of less than 3:12. 19 Chapter 18.26 R-O RESIDENTIAL OFFICE DISTRICT Sections: 18.26.010 Intent. 18.26.020 Permitted uses. 18.26.030 Lot area and width. 18.26.040 Lot coverage and floor area. 18.26.050 Yards. 18.26.060 Building height. 18.26.010 Intent. The intent of the R-O residential office district is to provide for and encourage the development of professional offices, business headquarters, and compatible multifamily and apartment development that would blend well with adjacent land uses. 18.26.020 Permitted uses. Permitted uses in the R-O district are as follows: A. Principal Uses. Apartments located on the second or subsequent floors Essential services (Type I) Medical offices, clinics and centers Offices (as defined in this title) B. Conditional Uses. Apartment buildings and multi-family dwellings Bed and breakfast homes Churches Community residential facilities Day care centers Efficiency units Group homes Lodginghouses Schools Any use approved as part of a planned unit development subject to the provisions of Chapter 18.54 C. Accessory Uses. Fences Greenhouses Home occupations Private garages Tool sheds for storage of domestic supplies Other buildings and structures typically accessory to permitted uses Signs, subject to Chapter 18.65 Refuse containers Accessory structures as approved by the DRC or city commission Temporary buildings and yards incidental to construction work Parking areas as required by Chapter 18.50. 20 18.26.030 Lot area and width. Lot area and width for uses in the R-O district shall not be less than five thousand square feet and fifty feet, respectively. 18.26.040 Lot coverage and floor area. A. In the R-O district, lot coverage by principal and accessory buildings shall not be more than forty percent for residential uses nor more than sixty percent for any other uses. Nonresidential development shall not generate greater traffic than the traffic which would be generated by the maximum residential development which could occur with forty percent coverage of the lot in question. The source for traffic generation projections will be the current edition of Trip Generation, published by the Institute of Transportation Engineers. B. The average floor area of all dwelling units in a structure shall be a minimum of six hundred square feet. 18.26.050 Yards. Every lot in the R-O district shall have the following minimum yards: Front yard 25 feet Rear yard 20 feet Side yard 8 feet. (NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.) 18.26.060 Building height. Maximum building height in the R-O district shall be thirty-eight feet for buildings with roof pitches of 3:12 or greater and thirty-two feet for buildings with flat roofs or with roof pitches of less than 3:12. 21 Chapter 18.28 B-1 NEIGHBORHOOD SERVICE DISTRICT Sections: 18.28.010 Intent. 18.28.020 Permitted uses. 18.28.030 Lot area and width. 18.28.040 Lot coverage. 18.28.050 Yards. 18.28.060 Building height. 18.28.010 Intent. A. The intent of the B-1 neighborhood business district is to provide for small retail and service activities frequently required by neighborhood residents on a day-to-day basis, while still maintaining a residential character. 18.28.020 Permitted uses. A. Principal activities shall be limited to those which are completely enclosed within a building not larger than five thousand square feet in gross floor area. Accessory activities such as play areas associated with day care centers and patio dining areas for restaurants shall be permitted outdoors subject to approval by the appropriate reviewing authority. B. Permitted uses in the B-1 district are as follows: 1. Principal Uses. Day care centers Apartments located on the second or subsequent floors Essential services (Type I) Food stores, such as grocery stores, bakeries, etc. Personal and convenience services Restaurants (exclusive of drive-ins) Retail uses 2. Conditional Uses. Automobile service stations Churches Essential services (Type II) Professional and business offices Restaurants serving alcoholic beverages Any use, except casinos, approved as part of a planned unit development subject to the provisions of Chapter 18.54 3. Accessory Uses. Fences Signs, subject to Chapter 18.65 Refuse containers Other buildings and structures typically accessory to permitted uses Temporary building and yards incidental to construction work Parking areas as required by Chapter 18.50. 18.28.030 Lot area and width. 22 Lot area for the B-1 district shall be adequate to provide for required yards and off-street parking, but in no case less than five thousand square feet and fifty feet in width. 18.28.040 Lot coverage. In the B-1 district, the entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings. 18.28.050 Yards. Every lot in the B-1 district shall have the following minimum yards: Front yard 25 feet Rear yard 20 feet Side yards 8 feet. (NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.) 18.28.060 Building height. Maximum building height in the B-1 district shall be thirty-eight feet for buildings with roof pitches of 3:12 or greater and thirty-two feet for buildings with flat roofs or with roof pitches of less than 3:12, except when adjacent to an R-S, R-1, R-2, R-2a, or R-3a district wherein the height shall not exceed the allowable height established for the adjacent district. 23 Chapter 18.30 B-2 COMMUNITY BUSINESS DISTRICT Sections: 18.30.010 Intent. 18.30.020 Permitted uses. 18.30.030 Lot area and width. 18.30.040 Lot coverage. 18.30.050 Yards. 18.30.060 Building height. 18.30.010 Intent. The intent of the B-2 community business district is to provide for a broad range of retail and service functions with access oriented to major arterial streets. 18.30.020 Permitted uses. Permitted uses in the B-2 district are as follows: A. Principal Uses. Ambulance service Antique shop and store Apparel and accessory store Art gallery Art supply stores Audio-visual equipment sales and rental Automobile parking lot or garage (public or private) Automobile or boat sales and/or rental service Auto supply store Bakery for on-site sales, less than four thousand square feet Banks and other financial institutions Barbershop Beauty parlor Bicycle sales, service and repair shop Book and stationery store Bowling alleys Bus terminals Business and office machine sales, service and repair shop Candy and ice cream store Churches Cigar and tobacco store Clothing and costume sales and rental shop Community center or meeting hall Convenience food restaurant Convenience uses Custom dressmaking, furrier, millinery or tailor shop employing five persons or less Dancing or theatrical studio Delicatessen and catering establishment Department store Drugstores 24 Dry goods and notion store Dry cleaning and laundry establishment, for drop off/pickup service Apartments located on the second or subsequent floors Essential services (Type I) Equipment sales and service Florist Frozen food storage and locker rental Furniture store Game rooms, poolhalls Garden supply store, indoor sales only Gift shop Grocery store (including retail markets and produce store) Hardware store, no exterior storage Health and exercise center Hobby and coin shop Hotel or motel Hunting and fishing supply store Interior decorator's shop Jewelry and metal craft store Laundromat, self-service Leather goods and luggage store Liquor store Lock and key shop Mail order catalog store Medical, dental or health clinic Medical and orthopedic appliance store Messenger or telegraph service station Mortuary Museum Music and instrument sales, service and repair shop Music or dance studio Newspaper office Newsstand Nursery, plant Offices (as defined in this title) Office supply and office equipment store Optician Package liquor store, including drive-in Paint and wallpaper store Pawn shop Personal and convenience services Pet shop Pet grooming shop Photographic equipment and supply store Photographic studio Picture frame shop Private club, fraternity, sorority or lodge Public buildings Radio or television sales, with/without service and repair Radio and television studio, without transmission towers 25 Research laboratories Restaurants Secondhand stores Sewing machine store Shoe store Shoe repair and shoeshine shop Sporting and athletic goods store Tailor shop, less than five employees Theater, excluding drive-in theater Toy store Travel agency Upholstery shops (excluding on-site upholstery service for cars, boats, trailers, trucks, and other motorized vehicles requiring overnight storage) Variety store Wallpaper store Watch repair shop Wholesale establishments that use samples, but do not stock on premises B. Conditional Uses. Amusement and recreational activities Automobile repair facilities Automobile service stations Automobile washing establishment, drive through Automobile washing establishment, self-service Bar (tavern, cocktail lounge) Bowling alley Building materials sales Business, technical or vocational school Community residential facilities Convenience food store with gas pumps Day care center Essential services (Type II) Hospitals Mortuaries Recreational vehicle sales and/or rental Restaurants serving alcoholic beverages Retail uses in addition to those principle uses listed Tennis and racquet clubs Veterinary clinic Video arcades Wholesale distributors with on-premise retail outlets, providing warehousing is limited to commodities which are sold on the premises Any use, except casinos, approved as part of a planned unit development subject to the provisions of Chapter 18.54 C. Accessory Uses. Fences Signs, as per Chapter 18.65 Refuse containers Other buildings and structures typically accessory to permitted uses 26 Temporary buildings and yards incidental to construction work. 18.30.030 Lot area and width. There shall be no minimum lot area in the B-2 district; however, no lot width shall be less than one hundred feet and the lot area shall be sufficient to provide all required yard areas and off-street parking. 18.30.040 Lot coverage. In the B-2 district, the entire lot, exclusive of required yards and parking. may be occupied by the principal and accessory buildings. 18.30.050 Yards. Every lot in the B-2 district shall have the following minimum yards: Front yard 25 feet Rear yard 10 feet Side yards 8 feet each side. (NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.) 18.30.060 Building height. Maximum building height in the B-2 district shall be thirty-eight feet for buildings with roof pitches of 3:12 or greater and thirty-two feet for buildings with flat roofs or with roof pitches of less than 3:12. 27 Chapter 18.32 B-3 CENTRAL BUSINESS DISTRICT Sections: 18.32.010 Intent. 18.32.020 Permitted uses. 18.32.030 Lot area and width. 18.32.040 Lot coverage. 18.32.050 Yards. 18.32.060 Building height. 18.32.010 Intent. A. The intent of the B-3 central business district is to provide a central area for the community’s business, government service, and cultural activities. Uses within this district should be appropriate to such a focal center with inappropriate uses being excluded. Room should be provided in appropriate areas for logical and planned expansion of the present district. B. It is the intent of this district to encourage high volume, pedestrian-oriented uses in ground floor space in the “core area” of Bozeman’s central business district, i.e., along main Street from Grand to Rouse and to the alleys one half block north and south from Main Street. Lower volume pedestrian uses such as professional offices may locate on ground floor space in the B-3 area outside the above defined core. 18.32.020 Permitted uses. Permitted uses in the B-3 district are as follows: A. Principal Uses. Ambulance service Antique shop and store Apartments, except on ground floor in “core area” as described above Apparel and accessory store Appliance sales, services Art galleries Art supply stores Audio-visual equipment sales and rental Automobile parking lot or garage (public or private) Auto supply store Bakery for on-site sales, less than four thousand square feet Banks and other financial institutions Barbershop Beauty parlor Bicycle sales, service and repair shop Book and stationery store Business and office machine sales, service and repair shop Butcher shops (retail sales only) Candy and ice cream store Churches, except on the ground floor in “core area” as described above Cigar and tobacco store Clothing and costume sales and rental shop Community center or meeting hall 28 Convenience food store Custom dressmaking, furrier, millinery or tailor shop employing five persons or less Dancing or theatrical studio Delicatessen and catering establishment Department store Dry goods and notion store Dry cleaning and laundry establishment, for drop off/pickup service Essential services (Type I) plus police and fire stations Florist Furniture store Game rooms, poolhalls Gift shop Grocery store (including retail markets and produce store) Handicraft manufacturing, primarily for on-site retail sales Hardware store, no exterior storage Health and exercise center Hobby and coin shop Hotel or motel Hunting and fishing supply store Interior decorator's shop Jewelry and metal craft store Laboratories, research and diagnostic, except on ground floor in core area as described above Laundromat, self-service Laundry, dry cleaning Leather goods and luggage store Libraries Liquor store Lock and key shop Mail order catalog store Medical, dental or health clinic, except on ground floor in core area as described above Medical and orthopedic appliance store Messenger or telegraph service station Museum Music and instrument sales, service and repair shop Music or dance studio Newspaper office Newsstand Offices, public or private, except on ground floor in core area as described above Optician Package liquor store, including drive-in Paint and wallpaper store Parking lots, except on ground floor in core area as described above Pawn shop Pet shop Pet grooming shop Pharmacies Photographic equipment and supply store Picture frame shop Printing offices and publishing establishments Private club, fraternity, sorority or lodge 29 Private schools, such as dance, business, secretarial and technical, but not private or public preschool, elementary or secondary schools, and not on ground floor in core area as described above Public buildings Radio or television sales, with/without service and repair Radio and television studio, without transmission towers except on ground floor in core area as described above Repair services for clothes, dolls, small appliances, watches, glasses and such other items Restaurants Secondhand stores Sewing machine store Shoe store Shoe repair and shoeshine shop Sporting and athletic goods store Tailor shop, less than five employees Theater, excluding drive-in theater Toy store Travel agency Upholstery shops, excluding on-site upholstering services of cars, boats, trucks, and other heavy equipment Variety store Wallpaper store Watch repair shop Wholesale establishments that use samples, but do not stock on premises B. Conditional Uses. Automobile body shops Automobile service stations Automobile upholstery shops Bakeries, other than as listed s principal uses in subsection A of this section Bar (tavern, cocktail lounge) Bowling alley Building materials sales Bus terminal Business, technical and vocation school Carwashes, hand operated Civic centers Convenience food restaurant Convenience food store with gas pumps Day care homes and centers Essential services (Type II) Hospitals Mortuaries Muffler sales and service shops Offices, on ground floor within the core area as described above Restaurants serving alcoholic beverages Retail uses in addition to those principle uses listed in subsection A of this section Sign paint shops (not including neon sign fabrication) Video arcades Any use, except casinos, approved as part of a planned unit development subject to the provisions of Chapter 18.54 30 C. Accessory Uses. Signs, as per Chapter 18.65 Refuse containers Other buildings and structures typically accessory to permitted uses Temporary buildings and yards incidental to construction work. 18.32.030 Lot area and width. No minimum lot area or width is prescribed for the B-3 district. 18.32.040 Lot coverage. In the B-3 district, buildings may cover the entire lot providing other requirements are met. 18.32.050 Yards. A. No minimum yards prescribed for the B-3 district except a fifteen foot front yard shall be required on Mendenhall and Babcock Streets. B. Where at least fifty percent of a block (from cross-street to cross-street) in the B-3 district is presently used for residential purposes and commercial is to be developed or expanded, a minimum fifteen foot side or front yard shall be required from the streets on which the residential use fronts. C. All yards shall be subject to the provisions of Section 18.50.060(D) when applicable. 18.32.060 Building height. Maximum building height in the B-3 district shall be fifty-five feet. 31 Chapter 18.34 M-1 LIGHT MANUFACTURING DISTRICT Sections: 18.34.010 Intent. 18.34.020 Permitted uses. 18.34.030 Lot area and width. 18.34.040 Lot coverage. 18.34.050 Yards. 18.34.060 Building height. 18.34.010 Intent. The intent of the M-1 light manufacturing district is to provide for the community's needs for wholesale trade, storage and warehousing, trucking and transportation terminals. light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore, some type of screening may be necessary. 18.34.020 Permitted uses. Permitted uses in the M-1 district are as follows: A. Principal Uses. Ambulance service Automobile, boat or recreational vehicle sales, service and/or rental Automobile parking lot or garage (public or private) Automobile repair facilities Bakery Banks and other financial institutions Building contractor's office Building materials sales Business and office machine sales, service and repair shop Cabinet shops Churches Community center or meeting hall Convenience food restaurant Essential services (Type I) Health and exercise center Hotel or motel Manufacturing, light and completely indoors Medical, dental or health clinic Messenger or telegraph service station Newsstand Nursery, plant Offices Office supply and office equipment store Optician Public buildings Radio and television studio, without transmission towers 32 Repair and service establishment for light consumer goods, such as appliances and furniture Research laboratories Restaurant Sign shops Trade schools Travel agency Truck, bus and rail terminal facilities Warehousing Warehousing, residential storage (mini-ware housing) B. Conditional Uses. Automobile service station Adult business, located no closer than five hundred feet from any other adult use, home, residential district, school, place of worship, public park or any youth-oriented establishment Amusement and recreational facilities Animal shelters Automobile washing establishment, drive through Automobile washing establishment, self-service Day care center Essential services (Type II) Flour and feed mills Food processing plants Grain elevators Machine shops Retail establishments other than principal uses listed in subsection A of this section Tennis and racquet clubs Truck repair facilities Truck stop Truck service station Truck washing establishment Veterinary clinics Any use approved as part of a planned unit development subject to the provisions of Chapter 18.54 C. Accessory Uses. Personnel service facilities providing services, education, recreation, entertainment, food and convenience goods primarily for those personnel employed in the principal use Business signs Outside storage if accessory to a principal use and if screened from the street and surrounding properties by solid fence or dense plantings at least six feet high Trash receptacles Other buildings and structures typically accessory to permitted uses Temporary buildings and yards incidental to construction Any residential use which is clearly incidental to the operation of a permitted principal or conditional use, such as dormitories for the use of a scientific research center, caretaker and watchman, including residential use in connection with mini-warehousing for office/watchman purposes. 18.34.030 Lot area and width. 33 Lot area for the M-1 district shall not be less than seven thousand five hundred square feet and no lot width shall be less than seventy-five feet and the lot area shall provide all required yard areas and off-street parking and loading. 18.34.040 Lot coverage. In the M-1 district, the entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings. 18.34.050 Yards. A. Every lot in the M-1 district shall have the following minimum yards: Front yard 20 feet Rear yard none* Side yards none* When a lot is adjacent to or across the street from another zone, the yard requirements shall be the same as the adjoining zone and buildings shall be screened with either a decorative fence or plantings. The provisions of A-S, R-S, PLI, and BP shall be interpreted as those of R-1. B. Also, rear or side yards adjacent to alleys shall be at least fifteen feet. (NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.) 18.34.060 Building height. Maximum building height in the M-1 district shall be forty feet. 34 Chapter 18.36 M-2 MANUFACTURING AND INDUSTRIAL DISTRICT Sections: 18.36.010 Intent. 18.36.020 Permitted uses. 18.36.030 Lot area and width. 18.36.040 Lot coverage. 18.36.050 Yards. 18.36.060 Building height. 18.36.010 Intent. The intent of the M-2 manufacturing and industrial district is to provide for heavy manufacturing and industrial uses, servicing vocational and employment needs of Bozeman residents. 18.36.020 Permitted uses. Permitted uses in the M-2 district are as follows: A. Principal Uses. All principal uses permitted in the M-1 district, plus any manufacturing or industrial use is provided in this district if in compliance with all provisions of this title; however, no residential uses, auto wrecking yards, junkyards or garbage dumps shall be permitted except as conditional uses. B. Conditional Uses. Automobile service station Adult businesses (if located no closer than five hundred feet from any other adult business, home, residential district boundary, school, church, public park or any youth oriented establishment) Amusement and recreational facilities Animal shelters Automobile washing establishment, drive through Automobile washing establishment, self-service Day care center Essential services (Type II) Garbage transfer station Junk salvage yards (if adequately screened) Production manufacturing and generation facilities (electric and gas) Residences for owner or caretaker of junk salvage yards Retail establishments other than principal uses listed in subsection A of this section Solid waste landfill Truck repair facilities Truck stop Truck service station Truck washing establishment Veterinary clinics Any use approved as part of a planned unit development subject to the provisions of Chapter 18.54 35 C. Accessory Uses. All accessory uses permitted in the M-1 district shall also be permitted as accessory uses in the M-2 district. 18.36.030 Lot area and width. There shall be no minimum lot area in the M-2 district, however no lot width shall be less than one hundred feet and the lot area shall provide all required yard areas and off-street parking and loading. 18.36.040 Lot coverage. In the M-2 district, the entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings. 18.36.050 Yards. A. Every lot in the M-2 district shall have the following minimum yards: Front yard 20 feet Rear yard none* Side yards none* When a lot is adjacent to or across the street from another zone, the yard requirements shall be the same as the adjoining zone and buildings shall be screened with either a decorative fence or plantings. The provisions of A-S, R-S, PLI and BP shall be interpreted as those of R-1. B. Also, rear or side yards adjacent to alleys shall be at least fifteen feet. (NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.) 18.36.060 Building height. The maximum building height in an M-2 district shall be forty feet. 36 Chapter 18.38 BP BUSINESS PARK DISTRICT Sections: 18.38.010 Intent. 18.38.020 Permitted uses. 18.38.030 Lot area and width. 18.38.040 Lot coverage. 18.38.050 Yards. 18.38.060 Building height. 18.38.010 Intent. The intent of the business park district is to provide for high-quality settings and facilities for the development of a wide range of compatible employment opportunities. These areas should be developed so as to recognize the impact on surrounding or adjacent development and contribute to the overall image of the community. Compatibility with adjacent land uses and zoning is required. 18.38.020 Permitted uses. Permitted uses in the BP district are as follows: A. Principal Uses. Administrative and research office facilities Essential services (Type I) Laboratories, research and diagnostic Manufacturing, light, and completely indoors Pilot plants Professional and business offices Prototype development Medical clinics Hospitals Technology research establishments Temporary buildings, for and during construction only B. Conditional Uses. Banks and financial institutions Trade schools Day care centers Essential services (Type II) Health and exercise establishments Any use approved as part of a planned unit development subject to the provisions of Chapter 18.54 C. Accessory Uses. Fences Signs, subject to Chapter 18.65 Refuse containers Other buildings and structures typically accessory to permitted uses Temporary buildings and yards incidental to construction work Parking areas as required by Section 18.50.120. 37 18.38.030 Lot area and width. Lot area for the BP district shall not be less than one acre, and no lot width shall be less than one hundred fifty feet. 18.38.040 Lot coverage. Not more than sixty percent of the total lot area shall be occupied by impervious surfaces in the BP district. The remaining forty percent of the total lot area shall be landscaped as defined in Section 18.50.100. 18.38.050 Yards. Every lot in the BP district shall have the following minimum yards: Front yard 35 feet* Rear yard 25 feet* Side yards 25 feet* All yards fronting on public or private streets shall be a minimum of thirty-five feet. Front, rear and side yard requirements shall be increased three feet for each additional five thousand square feet over total gross floor area of twenty-five thousand square feet, up to maximum requirement of forty feet for rear and side yards and fifty feet for front yards. (NOTE: All yards shall be subject to the provisions of 18.50.060(D) when applicable.) 18.38.060 Building height. Maximum building height in the B-P district shall be thirty-eight feet for buildings with roof pitches of 3:12 or greater and thirty-two feet for building with flat roofs or with roof pitches of less than 3:12. 38 Chapter 18.39 PLI PUBLIC LANDS AND INSTITUTIONS DISTRICT Sections: 18.39.010 Intent. 18.39.015 Applicability. 18.39.020 Permitted uses. 18.39.030 Lot area and width. 18.39.040 Lot coverage. 18.39.050 Yards. 18.39.010 Intent. The intent of the PLI public lands and institutions district is to provide for major public and quasipublic uses outside of other districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within another district; however, larger areas will be designated PLI. 18.39.015 Applicability. To the maximum extent allowed by state law, all PLI development shall be subject to review and approval by the city commission, based upon recommendations received from the development review committee and design review board, and shall be required to comply with all applicable underlying zoning requirements, as well as any requirements for certificates of appropriateness as established in design objective plans or other overlay district regulations or guidelines. 18.39.020 Permitted uses. Permitted uses in the PLI district are as follows: A. Principal Uses. Ambulance service Cemeteries Essential services (Type I) Museums, zoos, historic and cultural facilities and exhibits Other public buildings, i.e., fire and police stations and municipal buildings Public and nonprofit, quasi-public institutions, i.e., universities. elementary, junior and senior high schools and hospitals Publicly owned land used for parks, playgrounds and open space B. Conditional Uses. All principal and any accessory uses shall be subject to site plan review and any conditions required as part of site plan approval. Permitted conditional uses in the PLI district shall include day care centers, essential services (Type II), and solid waste landfill facilities. C. Accessory Uses. Other buildings and structures typically accessory to permitted uses. 18.39.030 Lot area and width. The lot area and width requirement of the PLI district is as follows: no requirement. 39 18.39.040 Lot coverage. In the PLI district, the entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings. 18.39.050 Yards. In the PLI district, there is no yard requirement except when a lot is adjacent to another district. The yards then shall be the same as the adjacent district. (NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.) 40 Chapter 18.40 HISTORIC MIXED USE DISTRICT Sections: 18.40.010 Description and purpose. 18.40.020 Criteria for establishment of the historic mixed use district. 18.40.030 Historic mixed use district elements. 18.40.040 Initiation, procedures and notice. 18.40.010 Description and purpose. Due to historical development patterns, certain areas of the city are characterized by a mixture of uses such as residential and commercial uses or residential and industrial uses which are normally segregated under standard zoning districts. In some instances, provision for a continuation of a mixture of uses will serve both the public interest and allow a more equitable balancing of private interests than would the utilization of a standard zoning district. Because of the variety of circumstances which exist in different areas of the city and the different treatment accorded those areas in the master plan, it is not possible to establish a zoning district with uniform listing of uses and standards which is applicable to all such areas. Therefore, the historic mixed use district is intended to provide procedures and criteria for recognition of such areas and for the development of standards governing each application of the district to a particular area. It is further intended that the historic mixed use district will be very selectively used. 18.40.020 Criteria for establishment of the historic mixed use district. Before any area is designated as a historic mixed use district, the city commission shall make affirmative findings that: A. The area to be classified as a historic mixed use district includes the approximate equivalent of at least one standard city block three hundred feet by three hundred feet, not held in single ownership unless developed over time while held in multiple ownership; B. A special study of the area has been completed showing how the proposed historic mixed use district would be integrated with the surrounding area consistent with the objectives of the master plan and other applicable policies adopted by the city; C. At least fifty percent of the lots to be classified as an historic mixed use district are already developed with structures; D. The existing development has occurred over a period of years and is characterized by a mixture of uses not permissible under a single zoning classification and includes a representative sampling of uses in the immediate area; E. None of the standard zoning districts are capable of or suitable for promoting the objectives of the master plan applicable to preexisting nonconforming uses; F. The uses to be permitted within the historic mixed use district will be compatible with one another and will provide a functional and healthful environment; G. The uses to be permitted and the development standards to be applied in the proposed district will promote the objectives of the master plan and other applicable policies adopted by the city. 18.40.030 Historic mixed use district elements. Because the historic mixed use district is designed to be applied to diverse situations, the specific mixture of uses permitted and the development standards required will have to be specified for each application of the district to a particular area. Therefore, the ordinance applying the historic mixed use district to a specific area shall contain the following elements: 41 A. A description and purpose section setting forth the specific purposes the district is intended to accomplish in the particular situation; B. A use section setting forth the activities or categories of activities to be permitted, or the performance standards to be used in evaluating specific activities. This section shall govern the uses within a particular historic mixed use district; C. A standards section setting forth general development standards governing parking, coverage, setbacks, height limitations. and other factors which are either different than or supplemental to the normal standards of the code; D. Exemption. When an area has been classified as an historic mixed use district, the general building and development standards set forth in Chapter 18.50 of this code shall govern, but not to the extent the special development standards set forth under Section 18.40.030(C) shall prevail. 18.40.040 Initiation, procedures and notice. A. Application for historic mixed use district designation shall be administered under the provisions established in Chapter 18.55, Text Amendment and Rezoning Changes. B. In addition, all HMUD applications shall be reviewed by the design review board. 42 Chapter 18.41 R-MH SINGLE-FAMILY MOBILE HOME DISTRICT Sections: 18.41.010 Intent. 18.41.020 Permitted uses. 18.41.030 Lot area and width. 18.41.040 Yards. 18.41.050 Building height. 18.41.060 Additional building and performance standards. 18.41.010 Intent. The intent of the R-MH single-family mobile home district is to provide for single-family mobile home and single-family dwelling developments and directly related complementary uses within the city at a medium density. The district is intended to be strictly residential in character with a minimum of disturbances due to traffic or overcrowding. 18.41.020 Permitted uses. Permitted uses in the R-MH district are as follows: A. Principal Uses. Single-family mobile homes Public parks Day care homes, family Day care homes, group Essential services (Type I) Mobile home parks on sites of not less than ten acres, with a minimum of twenty-five lots Mobile home subdivisions on sites of not less than ten acres B. Conditional Uses. Churches Day care centers Essential services (Type II) Public buildings Golf courses Temporary sales and office buildings Private recreational vehicle and boat storage areas for more than two vehicles Any use approved as part of a planned unit development subject to the provisions of Chapter 18.54. C. Accessory Uses. Accessory buildings and uses customarily incidental thereto. No part of any mobile home park or subdivision shall be used for nonresidential purposes, except such uses that are required for direct servicing and the wellbeing of park residents and for management and maintenance of the park or subdivision. Nothing in this section shall be deemed as prohibiting the sale of a mobile home located on a mobile home stand and connected to the pertinent utilities. Fences Greenhouses Home occupations Private garages 43 Private or jointly owned community center recreational facilities, pools, tennis courts, spas, recreational vehicle and boat storage areas for less than three vehicles Tool sheds, for storage of domestic supplies Temporary buildings and yards incidental to construction work Other buildings and structures customarily accessory to mobile home development. 18.41.030 Lot area and width. The minimum lot area for the R-MH district shall be five thousand five hundred square feet where both community water and sanitary sewer is available. The minimum lot width shall be fifty-five feet. 18.41.040 Yards. Every lot shall have the following yards: Front yard 20 feet Rear yard 8 feet Side yards 8/20* feet Corner side yard 20 feet *No side yard shall be less than 8 feet; at least one side yard shall be 20 feet. (NOTE: All yards shall be subject to the provisions of 18.50.060 (D) when applicable.) 18.41.050 Building height. Maximum building height in the R-MH district shall be thirty feet for buildings with roof pitches of 3:12 or greater and twenty-four feet for buildings with flat roofs or with roof pitches of less than 3:12. 18.41.060 Additional building and performance standards. Development of any parcel of land within this district shall be subject to all applicable requirements of Chapter 18.50, including, but not limited to, fences, parking, signs, landscaping and home occupations. In addition, single-family mobile home development will be subject to the following general requirements: A. Minimum Area for R-MH District. 1. The minimum total R-MH district shall be no less than five acres unless the applicant can show that the minimum area requirements should be waived because the waiver would be in the public interest and that one or all of the following conditions exist: a. Unusual physical features of the property itself or of the surrounding area such that development under the standard provisions of this title would not be appropriate in order to conserve a physical or terrain feature of importance to the neighborhood or community; or b. The property is adjacent to or across the street from property which has been developed under the provisions of this section and will contribute to the amenities of the area. 2. Waiver of the five acre minimum may be granted by the city commission. B. Plumbing and Electrical Requirements. All mobile home developments developed under this chapter shall comply with Montana State Department of Health regulation No. 54-500 or any amendment thereto concerning plumbing and electrical requirements. C. Lot Improvements. 1. Utility Hookup. Every mobile home shall be permanently connected to electric power, water supply, sewage disposal, gas and telephone service lines in compliance with applicable city codes, and all utility distribution and service lines shall be installed underground. 2. Permanent Foundations and Anchoring. All mobile homes shall be required to be physically connected to an approved permanent foundation. Minimum permanent foundation 44 standards for mobile homes are available at the city building department. Building permits issued through the city building department are required for the foundations. 3. Maintenance. a. There shall be no exposed outdoor storage of furniture (except lawn furniture), household goods, tools, equipment, or building materials or supplies. b. No mobile home may be parked on a public or private street for more than twenty-four hours. c. An abandoned, burned or wrecked mobile home must be secured against entry as directed by the fire chief and may not be kept on a lot for more than forty-five days. d. Each mobile home must bear an insignia which attests that the construction of the mobile home meets regulation A 119.1 of the American National Standards Institute (adopted by the U.S. Department of Housing and Urban Development), or be certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. e. Standard mobile home skirting must be provided around the entire perimeter of the mobile home between the bottom of the body of the mobile home and the ground, except where the running gear has been removed and the mobile home itself is attached directly to the permanent foundation. f. All required front yards of mobile home lots shall be fully landscaped. g. All private, commonly owned recreation areas not devoted to buildings, structures, surfaced courts, sand boxes, etc. shall be landscaped and irrigated. D. Permits and Inspections. 1. Move-In Permit Required. All mobile homes moved into the city must be issued a move-in permit, pursuant to this section, and be inspected by the building inspector, prior to gas and electric service being turned on by the servicing utility. A copy of the original sales contract shall be available for permit informational purposes. 2. City Inspection Required. a. The required inspections for mobile homes shall include on-site utilities requirements including gas, electric, sewer and water, setback requirements, and off-street parking requirements, fees for which have been established by the city commission by resolution. b. 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 building, inspector of the city. 3. Non-Mobile-Home Improvements Subject to the Uniform Building Code. Permits must be obtained for additions, alterations, canopies, carports, storage areas and detached refrigeration units that were not included in the original sale of the mobile home unit, fees for which are set by the Uniform Building Code (Section 8- 1) and Uniform Mechanical Code (Section 9-4). 4. Owner's Responsibility. It shall be the responsibility of the individual property owners or, in the case of a rental park, the managers of rental parks to see that all sections of this article are complied with, including requirements relative to placement of mobile homes, and all required permits. 45 Chapter 18.42 NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT Sections: 18.42.010 Intent and purpose. 18.42.020 Definitions. 18.42.030 Design review board and administrative design review staff powers and duties within conservation districts. 18.42.040 Conservation district designation or recision. 18.42.050 Certificate of appropriateness. 18.42.060 Standards for certificates of appropriateness. 18.42.070 Application requirements, for certificates of appropriateness in conservation districts. 18.42.080 Deviations from underlying zoning requirements. 18.42.090 Demolition or move of structures or sites within the conservation district. 18.42.100 Appeals. 18.42.010 Intent and purpose. A. All new construction, alterations to existing structures, movement of structures into or out of the neighborhood conservation overlay district, hereinafter referred to as conservation district, or demolition of structures by any means or process will be subject to design review. The recommendations of the design review board or administrative design review staff shall be given careful consideration in the final action of any agency, board or commission involved in conservation district development decisions. B. This chapter defines and sets forth standards which apply to conservation districts. C. The intent and purpose of the conservation district designation is to stimulate the restoration and rehabilitation of structures, and all other elements contributing to the character and fabric of established residential neighborhoods and commercial or industrial areas. New construction will be invited and encouraged provided primary emphasis is given to the preservation of existing buildings and further provided the design of such new space enhances and contributes to the aesthetic character and function of the property and the surrounding neighborhood or area. Contemporary design will be encouraged, provided it is in keeping with the above-stated criteria, as an acknowledged fact of the continuing developmental pattern of a dynamic, changing community. The neighboring community shall be provided notice and opportunity to comment upon the proposed property improvements in accordance with Section 18.52.055 and further, aggrieved persons shall have the right to appeal any design review decision made under the provisions of this chapter, in accordance with Section 18.42.100 and Chapter 18.58. D. In view of the fact that most of the area included within the boundaries of the conservation district was developed and built out prior to the adoption of zoning and contemporary subdivision regulations, construction, development pattern and range of uses is highly diverse and frequently not in compliance with conventional regulatory requirements. This chapter recognizes that this diversity is a major contributing element of the historic character of these neighborhoods or areas. The provisions of this chapter shall be applied in a manner that will encourage the protection and enhancement of the many diverse, features for future generations. E. The conservation district boundary is largely coterminous with the area surveyed in the effort that led to the listing of eight districts and forty additional landmark structures, in the National Register of Historic Places and includes, the eight designated districts and forty landmarks. This chapter sets forth the means of protecting and enhancing the conservation district. 46 F. It is further the purpose of the conservation district designation to protect and enhance neighborhoods or areas of significant land planning or architectural character, historic landmarks or other built or natural features for the educational, cultural, economic benefit or enjoyment of Bozeman citizens. It will be the policy and responsibility of the administrative entities of this chapter to: 1. Protect, preserve, enhance, regulate structures, archaeological sites and areas that are reminders of past eras, events or persons important in local, state or national history; or which provide significant examples, of land planning or architectural styles or are landmarks in the history of land planning and architecture; or which are unique or irreplaceable assets to the city and its neighborhoods; or which provide examples of physical surroundings in which past generations lived; or which represent and express the unique characteristics of small agricultural- based, western city developmental patterns; 2. Enhance property values through the stabilization of neighborhoods and areas of the city, increase economic and financial benefits to the city and its inhabitants, and promote tourist trade and interests; 3. Develop and maintain the appropriate environment for buildings, structures, sites and areas, that reflect varied planning and architectural styles and distinguished phases of Bozeman's history and prehistory; 4. Stimulate an enhancement of human life, by developing educational and cultural dimensions, which foster the knowledge of Bozeman's heritage, and cultivate civic pride in the accomplishments of the past; 5. Seek to maintain and enhance the many private and public elements that are unique to the fabric, theme and character of each neighborhood and area, including but not limited to: lighting, pathways, street trees, natural areas and other features that may, from time to time, be identified by the citizens and property owners of neighborhoods, areas, and subsections, thereof, and 6. Provide the neighboring community with notice and opportunity to comment upon the proposed property improvements in accordance with Section 18.52.055, with the exception of certain sketch plan applications with potentially little neighborhood impact, and to further provide aggrieved persons with the right to appeal review decisions made under the provisions of this chapter, in accordance with Section 18.42.100 and Chapter 18.58. 18.42.020 Definitions. Unless specifically defined below, words and phrases to this chapter shall be interpreted so as to give them the same meaning as set forth in the principal definitions section (Chapter 18.04), or if not so defined, shall have the same meaning as they have in common usage and so as to give this chapter its most reasonable application. "Alteration" means any act or process, except repair and light construction as defined herein, that changes one or more of the architectural features of a structure or site, including, but not limited to, the erection, construction, reconstruction, relocation of or addition to a structure. The term alteration may apply to any act or process that changes the interior architectural features of that portion of a public or private property commonly frequented by the general public, provided said public or private property is located within a designated historic district or listed individually on the National Historic Register. However, changes upon interior elements of private residences, regardless of their location or historic status, shall not be considered alterations as defined in this section. "Architectural appearance" means the architectural character and general composition of a structure, including but not limited to, the kind and texture, of the building's materials and the type, design and character of all windows, doors, light fixtures, signs and appurtenant exterior elements; and, interior architectural detail including, but not limited to, floors, fixtures, hardware, 47 ornamentation and other elements that contribute to the building's architectural or historical significance. "Area" means a specific, geographic division of the city of Bozeman. "Certificate" means a certificate of appropriateness issued by the pertinent review authority indicating its approval of plans to alter a structure. "Conservation district” means, an area designated as the neighborhood conservation overlay district on the city zoning map pursuant to the procedures set forth herein. "Construction" means the act of adding to an existing structure or erecting a new principal or accessory structure. "Demolition" means any act or process that destroys, in part or whole, a structure or archaeological site. "Landmark” means a site, structure or object designated as a "landmark" pursuant to the procedures prescribed herein, that is worthy of preservation, restoration or rehabilitation because of its historic land planning or architectural significance and officially recognized through listing in the National Register. A landmark shall be subject to all conservation district procedures and requirements. "Light construction" means any change not construed as an alteration or repair, including: paving of established driving and parking areas (subject to the requirements of Section 18.50.120); construction of patios not greater than one hundred twenty square feet in size; construction of sidewalks not wider than three feet; and landscaping (but not including major changes in grading or site surface drainage). "National Register" means the National Register of Historic Places; a list, maintained by the U.S. Department of Interior, of sites, properties, objects and districts having local, state, or national historical, architectural or cultural significance. "Preservation, board" means the Bozeman historic, preservation advisory commission. "Relocation" means any movement of a structure, on the same site or to another site. "Repair" means any change not otherwise construed as light construction or an alteration, as herein defined, that constitutes replacing broken, worn or damaged materials with like, not necessarily identical, materials and is insignificant to the size and condition of the structure or property, Repainting and reroofing shall be included under this definition of repair. 18.42.030 Design review board and administrative design review staff powers and duties within conservation districts. It is intended that the design review board and administrative design review staff will review development within neighborhood conservation districts in order to maintain underlying and desirable characteristics of structures and areas, within such districts, while recognizing the need for innovation and individual expression in the development of these districts. In carrying out this mission, the design review board and administrative design review staff shall have the following powers and duties within conservation districts: A. The administrative design review staff is empowered to implement conservation district procedures and requirements and, within the conservation districts is empowered to approve, conditionally approve, or deny sketch plan applications as per Section 18.42.070 and certain demolition applications as per Section 18.42.090 through the issuance or denial of certificates of appropriateness; B. The design review board is empowered to approve, conditionally approve or deny minor site plan applications through the issuance or denial of certificates of appropriateness and to recommend the approval, conditional approval or denial of a certificate of appropriateness to the body with final approval authority for major site plan, conditional use permit, and planned unit development applications. The design review board is also empowered to approve, conditionally 48 approve or deny certain demolition applications as per Section 18.42.090, or recommend such actions to the body with the final approval authority; C. Both the design review board and administrative design review staff are empowered to: 1. Develop and apply specific guidelines, related to such concerns as architectural appearance, landscape design and signage for the alteration of structures, sites or areas; 2. Review applicable development proposals, applications for zoning amendments, or applications for moving, demolition or any other kind of permit that may affect properties within conservation districts; 3. Call upon city staff or persons having technical expertise for advice; 4. Testify before all boards, commissions and agencies on any matter affecting architecturally significant sites, structures, objects, areas, neighborhoods and districts; 5. Review any tax abatement or other incentive programs being considered by the city commission that are designed to stimulate preservation and rehabilitation of structures, and properties, and to review any proposed action or development utilizing these abatement or incentive programs. 18.42.040 Conservation district designation or recision. A site, structure, object, area or district may be designated or rescinded as, a landmark, or added to or removed from the conservation district by the city commission upon recommendation of the preservation board subject to the provisions of Chapter 2.80 of the Bozeman Municipal Code, Historic Preservation Advisory Commission, and Chapter 18.55, Text Amendment and Rezoning Changes. Property owner concurrence is necessary for the designation or recision of landmark, status. 18.42.050 Certificate of appropriateness. A certificate of appropriateness, received from either the design review board, administrative design review staff or the city commission, shall be required before any and all alteration(s) other than repair as defined herein, are undertaken upon any structure in the conservation district. For alterations not requiring city commission approval, compliance with the design review board’s or administrative design review staff's decisions will be mandatory subject to appeal to the city commission as set forth in Chapter 18.58 of this title. Application procedures are as follows: A. No building, demolition, conditional use, sign or moving permit shall be issued within the conservation district until a certificate of appropriateness has been issued by the appropriate review authority, and until final action on the proposal has been taken. B. Application, review and public notice procedures for proposals located within the conservation district are set forth in Chapter 18.51, Design Review Board, Administrative Design Review Staff and Development Review Committee and Chapter 18.52, Plan Review and Approval. If the demolition or move of structures or sites subject to the conservation district requirements is proposed, the procedures in Section 18.42.090 shall apply. C. A denial of a certificate shall be accompanied by a written statement of reasons for the denial. 18.42.060 Standards for certificates of appropriateness. A. Applications for certificates shall be in general conformance with the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised 1983), published by U.S. Department of the Interior, National Park Service, Preservation Assistance Division, Washington, D.C., (available for review at the Bozeman planning office). 49 B. Architectural appearance design guidelines used to consider the appropriateness and compatibility of proposed alterations with original design features of subject structures or properties and with neighboring structures and properties shall focus upon the following: l . Height; 2. Proportions of doors and windows; 3. Relationship of building masses and spaces; 4. Roof shape; 5. Scale; 6. Directional expression, with regard to the dominant horizontal or vertical expression of surrounding structures; 7. Architectural details; 8. Concealment of nonperiod appurtenances, such as mechanical equipment; and 9. Materials and color schemes (any requirements or conditions, imposed regarding color schemes shall be limited to the prevention of nuisances upon abutting properties and prevention of degradation of features on the property in question-color schemes may be considered as primary design elements if a deviation from the underlying zoning is requested). C. Contemporary, nonperiod and innovative design of new structures and additions to existing structures shall be encouraged when such new construction or additions do not destroy significant historical, cultural or architectural structures or their components and when such design is compatible with the foregoing elements of the structure and surrounding structures. 18.42.070 Application requirements for certificates of appropriateness in conservation districts. Applications for certificates of appropriateness shall be made in conjunction with applications for site plan approval, in accordance with Chapter 18.52 of this title. Where development projects in the conservation district require only sketch plan review as per Chapter 18.52 (i.e. single-family, two-family, three-family and four-family residential structures, each on individual lots; signs; fences; property alterations; and certain amendments, to site plans), appli- cations for certificates of appropriateness shall be made on a form provided by the planning office, and shall include the information and material as set forth in Chapter 18.52. 18.42.080 Deviations from underlying zoning requirements. Because the development of much of historic Bozeman preceded zoning and construction regulations, many buildings within the conservation district do not conform to contemporary zoning standards. In order to encourage restoration and rehabilitation activity that would contribute to the overall historic character of the community, deviations from underlying zoning requirements may be granted by the city commission after considering the recommendations of the design review board or administrative design review staff. The criteria for granting deviations from the underlying zoning requirements are: A. Modifications shall be more historically appropriate for the building and site in question and the adjacent properties, as determined by the standards in Section 18.42.060, than would be achieved under a literal enforcement of this title; B. Modifications will have minimal adverse effect on abutting properties or the permitted uses thereof, C. Modifications shall assure the protection of the public health, safety and general welfare. Approvals may be conditioned to assure such protection, and such conditions may include a time period within which alterations will be completed, landscaping and maintenance thereof, architectural, site plan and landscape design modifications, or any other conditions in conformity with the intent and purpose set forth in this chapter. 50 18.42.090 Demolition or move of structures or sites within the conservation district. The demolition or move of any structure or site within the conservation district shall be subject to the provisions of this chapter and section. The review procedures and criteria for the demolition or move of any structure or site within the conservation district are as follows: A. Applications for the demolition or move of structures, within the conservation district will not be accepted without a complete submittal for the subsequent development or treatment of the site after the demolition or move has occurred. The subsequent development or treatment must be approved before a demolition or moving permit may be issued. B. The demolition or move of structures or sites, including subsequent development, that are located within the conservation district but outside of historic districts and not designated as landmarks, and that are designated as intrusive or neutral elements by the Montana Historical and Architectural Inventory, and noncontributing accessory structures, for all other locations, subject to the conservation district requirements, shall be subject to review and approval by the ADR staff as per Chapter 18.52 and the standards in Section 18.42.060. The final approval authority for the demolition or move of structures or sites described within this section shall rest with the city commission when proposed in conjunction with a major site plan application, conditional use permit or planned unit development. C. The demolition or move of structures or sites, including subsequent development, that are located within the conservation district but outside of historic districts and are designated as contributing or primary elements by the Montana Historical and Architectural Inventory, and all properties within historic districts and all landmarks, shall be subject to approval by the city commission, through a public hearing, upon receiving a recommendation from the design review board. Notice of the public hearing before the city commission shall be provided in accordance with Section 18.52.055.B. If the demolition or move of structures or sites described in this section is proposed in conjunction with a major site plan, conditional use permit or planned unit development application, then the design review board shall also forward a recommendation to the city commission regarding such demolition or move in conjunction with any action on the respective application. The city commission shall base its decision on the following: 1. The standards in Section 18.42.060 and the architectural, social, cultural and historical importance of the structure or site and their relationship to the district as determined by the State Historic Preservation Office and Bozeman historic preservation office. 2. If the commission finds that the criteria in subsection (C)(1) of this section is not satisfied, then the commission must find that at least one of the following factors apply based on definitive evidence supplied by the applicant including structural analysis and cost estimates indicating the costs of repair and/or rehabilitation versus the costs of demolition and redevelopment: a. The structure or site is a threat to public health or safety and that no reasonable repairs, or alterations will remove such threat; any costs associated with the removal of health or safety threats must exceed the value of the structure. b. The structure, or site has no viable economic or useful life remaining. D. If an application for demolition or moving is denied, issuance of a demolition or moving permit shall be stayed for a period of two years from the date of the final decision in order to allow the applicant and city to explore alternative to the demolition or move, including but not limited to the use of tax credits or adaptive reuse. The two-year stay may be terminated at any point in time, if an alternate proposal is approved or if sufficient additional evidence is presented to otherwise satisfy the requirements of subsection B or C of this section. E. All structures or sites approved for demolition or moving shall be fully documented in a manner acceptable to the historic preservation officer and administrative design review staff prior to the issuance of demolition or moving permits. 51 F. In addition to the remedies in Chapter 18.70, the owner of any structure or site that is demolished or moved contrary to the provisions of this section, and any contractor performing such work, may be required to reconstruct such structure or site in a design and manner identical to its condition prior to such illegal demolition or move and in conformance with all applicable codes and regulations. 18.42.100 Appeals. Aggrieved persons, as defined in Chapter 18.58 of this title, may appeal the decision of the administrative design review staff or design review board pursuant to the provisions of said chapter. In such event, the issuance of a certificate shall be stayed until the appeal process has been satisfied. 52 Chapter 18.43 BOZEMAN ENTRYWAY CORRIDOR OVERLAY DISTRICT Sections: 18.43.010 Title. 18.43.020 Intent and purpose. 18.43.030 Application of entryway corridor provisions. 18.43.040 Design review board and administrative design review staff powers and duties within entryway corridors. 18.43.050 Certificate of appropriateness. 18.43.060 Design criteria and development standards in entryway corridors. 18.43.070 Application requirements for certificates of appropriateness in entryway corridors. 18.43.080 Deviation from overlay or underlying zoning requirements. 18.43.090 Appeals. 18.43.010 Title. These regulations shall be known as the Bozeman entryway corridor overlay district regulations and may be cited as the entryway corridor regulations. 18.43.020 Intent and purpose. A. There are several arterial corridors entering Bozeman that introduce visitors and residents alike to Bozeman. The visual attributes of these roadways provide a lasting impression of the character of Bozeman. It is the intent and purpose of this chapter to ensure, the quality of development along these corridors will enhance the impression and enjoyment of the community both by guiding development and change that occurs after the adoption of the ordinance codified in this title and by stimulating and assisting, in conjunction with other provisions of this title, improvements in signage, landscaping, access and other contributing elements of entry corridor appearance and function. B. It is the intent of this chapter to establish design criteria, standards and review procedures that will allow the city and its advisory boards and agencies to review and direct, in a fair and equitable manner, the development and redevelopment of future and existing properties and facilities within the entry corridors. The recommendations of the design review board or administrative design review staff shall be given careful consideration in the final action of any agency, board or commission involved in entryway corridor development decisions. 18.43.030 Application of entryway corridor provisions. Entryway corridor provisions shall apply to all entryway corridor areas as designated on the Official city of Bozeman zoning map. The provisions of this chapter shall be applied in addition to any other applicable regulations of this title. Specifically, these provisions shall be applied to all developments within such corridors as follows: A. Class I. All development wholly or partially within six hundred sixty feet of the centerline of the following roadways: 1. Interstate 90, within or adjacent to the Bozeman city boundaries, measured from the centerline of the outside lanes of the opposing roadways and from the centerline of the access ramps; 2. Interstate 90 frontage roads within the Bozeman city boundaries, whether or not they are designated frontage roads 53 3. U.S. 10, from the I-90/North Seventh Avenue Interchange west to the Bozeman city boundaries; 4. U.S. 191, west from Ferguson Road to the Bozeman city boundaries; 5. Nineteenth Avenue, north from Durston Road to the North 19th Avenue/Interstate 90 Interchange, exclusive of the east side between Durston Road and the south boundary of Covered Wagon Mobile Home Park; 6. Oak Street west from North Seventh Avenue to North Nineteenth Avenue. B. Class II. All development wholly or partially within the lesser of one city block or three hundred thirty feet of the centerline of the following roadways, with the exception of residentially zoned lots (no exception for R-O district) that have no frontage upon said roadways: 1. Seventh Avenue, south from the I-90 Interchange to Main Street 2. Nineteenth Avenue, south from Durston Road to the Bozeman city boundary, and the east side of Nineteenth Avenue, between the south boundary of Covered Wagon Mobile Home Park and Durston Road; 3. Main Street east from Broadway to I-90; 4. Main Street west from Seventh Avenue to Ferguson Road; 5. Rouse Avenue and State Primary 86 (Bridger Canyon Road) from Tamarack north and east to the Bozeman city boundary; 6. Oak Street, west from Nineteenth Avenue to the east edge of Rose Park. 18.43.040 Design review board and administrative design review staff powers and duties within entryway corridors. The design review board and administrative design review staff shall have the following powers and duties within entryway corridors: A. The administrative design review staff is empowered to implement entryway corridor procedures and requirements and, within the entryway corridors is empowered to approve, conditionally approve or deny sketch plan applications through the issuance or denial of certificates of appropriateness. B. The design review board is empowered to approve, conditionally approve or deny minor site plan applications through the issuance or denial of certificates of appropriateness and to recommend the approval, conditional approval or denial of a certificate of appropriateness to the body with final approval authority for major site plan, conditional use permit, and planned unit development applications. C. Both the design review board and administrative design review staff are empowered to: 1. Develop and 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; 2. Review applicable development proposals applications for zoning amendments, or applications for moving, demolition or any other kind of permit that may affect properties located within entryway corridors; 3. Call upon city staff or persons having technical expertise for advice; 4. Testify before all boards, commissions and agencies on any matter affecting entryway corridors. 18.43.050 Certificate of appropriateness. A Certificate of appropriateness, received from either the design review board, administrative design review staff, or the city commission, shall be required before any and all alteration(s) other than repair as defined in Chapter 18.42, are undertaken upon any structure in the entryway corridor. For alterations not requiring city commission approval, compliance with the design review board's or administrative design review staff's decisions will be mandatory subject to 54 appeal to the city commission as set forth in Chapter 18.58. Application procedures are as follows: A. No building, demolition, sign (if a deviation is requested), conditional use or moving permit shall be issued within an entryway corridor until a Certificate of appropriateness has been issued by the appropriate review authority and until final action on the proposal has been taken. B. Application, review and public notice procedures for proposals located within entryway corridors are set forth in Chapter 18.51, Design Review Board, Administrative Design Review Staff and Development Review Committee, and Chapter 18.52, Plan Review and Approval. C. A denial of a certificate shall be accompanied by a written statement of reasons for the denial. 18.43.060 Design criteria and development standards in entryway Corridors. The following general design criteria and development standards shall apply to all development occurring within the areas described in Section 18.43.030, above. A. General Standards. 1. The development shall provide for adequate open space, circulation, off-street parking, and pertinent amenities. Buildings, structures and facilities the parcel shall be integrated, oriented and related to the topographic and natural landscape features of the Bozeman area. 2. The proposed development shall be compatible with existing and planned land use, and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to adjacent or nearby properties or to the environmental character of the Bozeman area. 3. The proposed development shall also comply with all applicable design standards and guidelines, including the entryway corridor design objectives plan. B. Access Standards. 1. Initial access provision to properties fronting on any Class I entryway corridor roadway shall be designed so access points on said roadway are spaced no more closely than every six hundred sixty feet. Initial access provision to properties fronting on any Class II entryway corridor roadway shall be designed so access points on the roadway are spaced no more closely than every three hundred thirty feet or one city block. 2. Revised access schemes to previously developed or subdivided property shall consolidate access points on entryway roadways whenever possible and shall add no additional points of access to the roadways unless such addition can be demonstrated to improve the operation of the entryway roadway. It shall be the obligation of the applicant to determine an acceptable method of access to his/her property including securing access easements from adjacent properties, if necessary. 3. When addressing pre-existing development in fully built-up areas, these access standard provisions shall be interpreted in a practical manner allowing for continuing reasonable access to properties along entryway corridors. C. Parking, Building and Landscape Standards. In addition to the qualitative design standards and guidelines in the entryway Corridor design objectives plan, parking areas and buildings shall be set back at least fifty feet from any Class I entryway corridor roadway right-of-way and at least twenty-five feet from any Class II entryway corridor roadway right-of-way. The setback from any entryway corridor roadway right-of-way shall be landscaped, including the screening or buffering of parking areas, through the use of berms, depressed parking, native landscape materials surrounding and within parking areas, or other means in order to preserve the area's natural views. 18.43.070 Application requirements for certificates of appropriateness in entryway corridors 55 Applications for certificates of appropriateness shall be made in conjunction with applications for site plan approval, in accordance with Chapter 18.52. Where development projects in the entryway corridor require only sketch plan review as per Chapter 18.52 (i.e. single-family, two-family, three-family and four-family residential structures, each on individual lots; signs; fences; property alterations; and certain amendments to site plans), applications for certificates of appropriateness shall be made in conjunction with an application for sketch plan review on a form provided by the planning office, and shall include the information and material as set forth in Chapter 18.52. 18.43.080 Deviation from overlay or underlying zoning requirements. A. To accomplish the intent and purpose of this chapter it may be necessary to deviate from the strict application of the overlay or underlying zoning requirements. Deviations from the underlying zoning requirements may be granted by the city commission after considering the recommendations of the design review board or administrative design review staff. B. The application for deviation shall be subject to the submittal and procedural requirements of Chapter 18.52, Plan Review and Approval, and shall be accompanied by written and graphic material sufficient to illustrate the conditions that the modified standards will produce, so as to enable the city commission to make the determination that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards, and will be consistent with the intent and purpose of this chapter, and with the adopted design objectives plan for the particular entryway corridor. Upon such a finding, the city commission may authorize deviations of up to twenty percent beyond or below minimum or maximum standards respectively, as established in the underlying zoning district regulations. 18.43.090 Appeals Aggrieved person, as defined in Chapter 18.58, may appeal the decision of the design review board or the administrative design review staff pursuant to the provision of said chapter. In such event, the issuance of a certificate shall be stayed until the appeal process has been satisfied. 56 Chapter 18.44 FLOOD HAZARD DISTRICT Sections: 18.44.010 Title. 18.44.020 Purpose. 18.44.030 Definitions. 18.44.040 Jurisdictional area. 18.44.050 Floodplain district establishment. 18.44.060 Floodplain administrator. 18.44.070 Rules for interpretation of floodplain district boundaries. 18.44.080 Compliance with regulations. 18.44.090 Abrogation and greater responsibility. 18.44.100 Regulation interpretation. 18.44.110 Warning and disclaimer of liability. 18.44.120 Disclosure provision. 18.44.130 Administration of regulations. 18.44.140 Permit applications. 18.44.150 Emergency waiver. 18.44.160 Review-Variances-Appeals. 18.44.170 Fees. 18.44.180 Floodplain development compliance. 18.44.190 Emergency preparedness planning. 18.44.200 Applications-Specific standards. 18.44.210 Floodway - Uses allowed without permits. 18.44.220 Floodway-Uses requiring permits. 18.44.230 Floodway-Permits for flood control works. 18.44.240 Floodway-Permits for water diversions. 18.44.250 Floodway-Prohibited uses. 18.44.260 Floodway fringe-Uses allowed without permits. 18.44.270 Floodway fringe-Uses requiring permits. 18.44.280 Floodway fringe-Prohibited uses. 18.44.290 Floodplain areas with flood elevations and no delineated floodway. 18.44.300 Shallow flooding (AO zones). 18.44.310 Applicability to unnumbered A zones. 18.44.320 A zones-Uses allowed without permits. 18.44.330 A zones-Uses requiring permits. 18.44.340 A zones-Prohibited uses. 18.44.350 A zones-Floodplain boundary interpretation. 18.44.360 Floodproofing requirements - Certification. 18.44.370 Floodproofing requirements - Conformance. 18.44.380 Floodproofing requirements - Electrical systems. 18.44.390 Floodproofing requirements -Heating systems. 18.44.400 Floodproofing requirements - Plumbing systems. 18.44.410 Violation notice. 18.44.420 Violation-Penalty. 57 18.44.010 Title. These regulations shall be known and cited as the Bozeman floodplain regulations. This chapter is in accordance with exercising the authority of the laws of the state of Montana. 18.44.020 Purpose. To promote the public health, safety and general welfare, to minimize flood losses in areas subject to flood hazards, and to promote wise use of the floodplain. This chapter has been established with the following purposes intended: A. To guide development of the one hundred year floodplain within the Bozeman city limits consistent with the enumerated findings by: 1. Recognizing the right and need of water courses to periodically carry more than the normal flow of water; and 2. Participating in coordinated efforts of federal, state, and local management activities for one hundred-year floodplains; and 3. Ensuring the regulations and minimum standards adopted, insofar as possible, balance the greatest public good with the least private injury. B. Specifically it is the purpose of this chapter to: 1. Restrict or prohibit uses that are dangerous to health, safety, and property in times of flood, or that cause increased flood heights and velocities; and 2. Require that uses vulnerable to floods, including public facilities, be provided with flood protection at the time of initial construction; and 3. Identify lands unsuitable for certain development purposes because of flood hazards; and 4. Minimize the need for rescue and relief efforts associated with flooding undertaken at the expense of the general public; and 5. Ensure potential buyers are notified that property is within a one hundred-year floodplain and subject to the provisions of these regulations; and 6. Ensure that those who occupy one hundred year floodplains assume responsibility for their actions. 18.44.030 Definitions. Unless specifically defined below, words or phrases used in these regulations shall be interpreted to give them the meaning they have in common usage and to give these regulations the most reasonable application. "Act" means the Montana Floodplain and Floodway Management Act, Sections 76-5-101 through 406, MCA. "Alteration" means any change or addition to a structure that either increases its external dimensions or increases its potential flood hazard. "Appeal" means a request for a review of the floodplain administrator's interpretation of any provisions of these regulations or a request for a variance. "Area of special flood hazard" means the land in the floodplain within the community subject to inundation by a one percent or greater chance of flooding in any given year, i.e., the one hundred year floodplain. "Artificial obstruction-Development" means any obstruction which is not natural and includes any darn, diversion, wall, riprap, embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectification, bridge, conduit, culvert, building, refuse, automobile body, fill, or other analogous structure or matter in, along, across or projecting into any one hundred-year floodplain which may impede, retard, or alter the pattern of flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where the natural flow of water would carry the same downstream to the damage or detriment of either life or property. 58 "Base flood" means a flood having a one percent chance of being equalled or exceeded in any given year. A base flood is the same as a one hundred year flood. "Base flood elevation" means the elevation above sea level of the base flood in relation to National Geodetic Vertical Datum of 1929 unless otherwise specified in the flood hazard study. "Channelization project" means the excavation and/or construction of an artificial channel for the purpose of diverting the entire flow of a stream from its established course. "Establish" means to construct, place, insert, or excavate. “Existing manufactured home park or subdivision" means a manufactured home park or subdivision where the construction of facilities for servicing the manufactured homes lots is completed before the effective date of the floodplain management regulations. This includes, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads. "FEMA" means the Federal Emergency Management Agency. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry lands from the overflow of a stream, or the unusual and rapid accumulation or runoff of surface waters from any source. "Flood Insurance Rate Map" means the map on which FEMA has delineated both the one hundred year floodplains and the risk premium zones. "Flood insurance study" means the report in which FEMA has provided flood profiles, as well as the Flood Boundary/Floodway Map and the water surface profiles. "Floodplain" means the areas subject to these regulations, generally adjoining a stream, that would be covered by floodwater of a base flood except for designated shallow flooding areas that receive less than one foot of water per occurrence. The floodplain consists of a floodway and floodway fringe. "Flood Insurance Study" means the report in which FEMA has provided flood profiles, as well as the Flood Boundary/Floodway Map and the water surface profiles. "Floodplain" means the areas subject to these regulations, generally adjoining a stream, that would be covered by floodwater of a base flood except for designated shallow flooding areas that receive less than one foot of water per occurrence. The floodplain consists of a floodway and floodway fringe. "Floodway" means the channel of a stream and the adjacent overbank areas that must be reserved in order to discharge a base flood without cumulatively increasing the water surface elevation more than one-half foot. "Floodway fringe" means that portion of the floodplain outside the limits of the floodway. "Levee" means a manmade embankment, usually earthen, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water to provide protection from temporary flooding. "Levee System" means a flood protection system that consists of a levee, or levees, and associated structures, such as drainage and closure devices, which are constructed and operated in accordance with sound engineering practices. "Lowest floor" means any floor used for living purposes, storage or recreation. This includes any floor that could be converted to such a use. "Manufactured home" means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. This does not include recreational vehicles. "Manufactured home park or subdivision" means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale. "Mean sea level" means the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations are references. 59 "New construction" means structures for which construction, substantial improvement, or alteration commences on or after the effective date of these regulations. "Official floodplain maps" means the Flood Insurance Rate Maps and Flood Boundary/Floodway Maps provided by FEMA for the city dated July 15, 1988. "One hundred-year flood" means a flood having a one percent chance of being equalled or exceeded in any given year. A one hundred-year flood has nearly a 23 percent change of occurring in a twenty-five-year period. A one hundred year flood is the same as a base flood. "Permit issuing authority" means the Bozeman city commission. "Recreational vehicle" means a vehicle which is (1) built on a single chassis; (2) four hundred square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily for use as temporary living quarters for recreation, camping, travel, or seasonable use, not for use as a permanent dwelling. "Riprap" means stone, rocks, concrete blocks or analogous material that is placed along the banks or bed of a stream to alleviate erosion. "Start of construction" means the commencement of clearing, grading, filling or excavating to prepare a site for construction. "Structure" means a walled and roofed building, manufactured home, a gas or liquid storage tank, bridge, culvert, dam, diversion, wall revetment, dike, or other projection may impede, retard or alter the pattern of flow of water. "Substantial damage" means damage sustained by a structure where the cost of restoring the structure to its condition before damage would equal or exceed fifty percent of the market value of the structure before the damage occurred. "Substantial improvement" means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty of the market value of the structure either: 1. Before the improvement or repair is started, or 2. If the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first construction to any wall, ceiling, floor or other structural part of the building commences. The term does not include: a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or b. Any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places. "Suitable fill" means fill material which is stable, compacted, well-.graded, pervious, generally unaffected by water and frost, devoid of trash or similar foreign matter, devoid of tree stumps or other organic material, and is fitting for the purpose of supporting the intended use and/or permanent structure. "Variance" means a grant of relief from the requirements of this chapter that would permit construction in a manner otherwise prohibited by this chapter. "Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without elevation certificate, certification by a licensed engineer or architect of compliance with these regulations, or other evidence of compliance is presumed to be in violation until such time as documentation is provided. 18.44.040 Jurisdictional area. This chapter shall apply to all lands within the boundaries of the city of Bozeman, state of Montana, shown on the official floodplain maps as being located within a one-hundred year floodplain district. 60 18.44.050 Floodplain district establishment. The floodplain districts established are defined by the base flood elevations and one hundred- year flood plains as delineated in the Flood Insurance Study. The basis for the Flood Insurance Study is a scientific and engineering report entitled The Flood Insurance Study for the City of Bozeman, Montana, dated July 15, 1988, with accompanying Flood Insurance Rate Maps and Flood Boundary/Floodway Maps. The official floodplain maps, together with the Flood Insurance Study are on file in the office of the floodplain administration. 18.44.060 Floodplain administrator. The city floodplain administrator has been designated to be the city engineer. The responsibilities of this position are outlined in Section 18.44.130. 18.44.070 Rules for interpretation of floodplain district boundaries. The boundaries of the one hundred-year floodway shall be determined by scaling distances on the official floodplain maps and using the floodway data table contained in the flood insurance study report. The maps may be used as a guide for determining the one hundred-year floodplain boundary, but the exact location of the floodplain boundary shall be determined where the base flood elevation intersects the natural ground. 18.44.080 Compliance with regulations. No structure or land use shall be located, extended, converted or structurally altered without full compliance with the provisions of these regulations and other applicable regulations. These regulations meet the minimum floodplain development requirements as set forth by the Montana Board of Natural Resources and Conservation and the National Flood Insurance Program. 18.44.090 Abrogation and greater responsibility. It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, deed restrictions, or underlying zoning. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. 18.44.100 Regulation interpretation. The interpretation and application of the provisions of these regulations shall be considered minimum requirements and liberally construed in favor of the governing body and not deemed a limitation or repeal of any other powers granted by state statute. 18.44.110 Warning and disclaimer of liability. This chapter does not imply that areas outside the delineated floodplain boundaries or permitted land uses will always be totally free from flooding or flood damages. These regulations shall not create a liability or cause of action against the city or any officer or employee thereof for flood damages that may result from reliance upon these regulations. 18.44.120 Disclosure provision. All owners of property in an identified one hundred-year floodplain as indicated on the official floodplain maps must notify potential buyers or their agents that such property is subject to the provisions of this chapter. 18.44.130 Administration of regulations. A. As provided in Section 18.44.060, the floodplain administrator has been designated by the city commission, and has the responsibility of such position as outlined in this chapter. 61 B. The floodplain administrator is appointed with the authority to review floodplain development permit applications, proposed uses, and construction to determine compliance with these regulations. The floodplain administrator is required to assure all necessary permits have been received from those governmental agencies from which approval is required by federal and state law and local codes, including Section 404 of the Federal Water Pollution Control Act of 1972, 33 U.S.C. 1334, and under the provisions of the Natural Streambed and Land Preservation Act. 1. Additional Factors. Floodplain development permits shall be granted or denied by the floodplain administrator on the basis of whether the proposed establishment, alteration or substantial improvement of an artificial obstruction meets the requirements of this chapter. Additional factors that shall be considered for every permit application are: a. The danger to life and property due to increased flood heights, increased flood water velocities, or alterations in the pattern of flood flow caused by encroachments; b. The danger that materials may be swept onto other lands or downstream to the injury of others; c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions; d. The susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the individual owner; e. The importance of the services provided by the facility to the community; f. The requirement of the facility for a waterfront location; g. The availability of alternative locations not subject to flooding for the proposed use; h. The compatibility of the proposed use with existing development and anticipated development in the foreseeable future; i. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area; j. The safety of access to property in times of flooding or for ordinary and emergency services; and k. Such other factors as are in harmony with the purposes of these regulations, the Montana Floodplain and Floodway Management Act, and the National Flood Insurance Program. C. A floodplain development permit application is considered to have been automatically granted sixty days after the date of receipt of the application by the floodplain administrator unless the applicant has been notified that the permit is denied, conditionally approved, or additional information pertinent to the permit review process is required. D. The floodplain administrator shall adopt such administrative procedures as may be necessary to efficiently administer the provision of these regulations. E. The floodplain administrator shall maintain such files and records as may be necessary to document nonconforming uses, base flood elevations, floodproofing and elevation certifications, fee receipts, the issuance of permits, agenda, minutes, records of public meetings, and any other matters related to floodplain management in the Bozeman zoning jurisdictional area. Such files and records shall be open for public inspection. In matters of litigation, the city attorney may restrict access to specific records. F. The floodplain administrator may require whatever additional information is necessary to determine whether the proposed activity meets the requirements of these regulations. Additional information may include hydraulic calculations assessing the impact on base flood elevations or velocities; level survey; or certification by a registered land surveyor, professional engineer or licensed architect that the requirements of these regulations are satisfied. G. Upon receipt of an application for a permit or a variance, the floodplain administrator shall prepare a notice containing the facts pertinent to the application and shall publish the notice at least once in a newspaper of general circulation in the area. Notice shall also be served by 62 first-class mail upon adjacent property owners and the Department of Natural Resources and Conservation (DNRC) Floodplain Management Section. The notice shall provide a reasonable period of time, not less than fifteen days, for interested parties to submit comments on the proposed activity. H. Copies of all permits granted must be sent to the Department of Natural Resources and Conservation in Helena, Montana. 1. In riverine situations, notifications by the floodplain administrator must be made to adjacent communities, the Floodplain Management Section (DNRC), and FEMA prior to any alteration or relocation of a stream. The flood-carrying capacity within the altered or relocated portion of any stream must be maintained. Erosion control measures shall be incorporated to ensure stability of altered channels and stream banks. 18.44.140 Permit applications. A. Activities or uses that require the issuance of a permit, including the expansion or alteration of such uses, shall not be initiated, established or undertaken until a permit has been issued by the floodplain administrator. B. Permit applicants shall be required to furnish the following information as deemed necessary by the floodplain administrator for determining the suitability of the particular site for the proposed use: 1. Plans in duplicate drawn to scale (including dimensions) showing the nature, location and elevation of the lot; existing and proposed structure locations; fill, storage, or materials site; floodproofing measures; mean sea level elevation of first floor of proposed structures; and location of the channel and limits of one hundred-year floodplain boundary; 2. A plan view of the proposed development indicating external dimensions of structures, street or road finished grade elevations, well locations, individual sewage treatment and disposal sites, excavation and/or fill quantity estimates, and site plan and/or construction plans; 3. Specifications for floodproofing, filling, excavating, grading, riprapping, storage or materials and location of utilities; 4. A professional engineer's or registered architect's design calculations and certification that the proposed activity has been designed to be in compliance with these regulations; 5. Certification of floodproofing and/or elevation shall be provided on a standard form available from the floodplain administrator. C. To determine that the permit specifications and conditions have been completed, applicants who have received permits are required to furnish the following at the time of an on- site conformance inspection: 1. Certification by a registered professional engineer or licensed land surveyor of the actual mean sea level elevation of the lowest floor (including basement) of all new, altered or substantially improved buildings; 2. If floodproofing techniques were used for buildings, the mean sea level elevation to which the floodproofing was accomplished must be certified by a structural engineer or licensed architect in the same manner, 3. Certification shall also be required. for artificial obstructions other than-buildings, that the activity was accomplished in accordance with these regulations and the design plans submitted with the application for the permit activity. This certification may be waived by the floodplain administrator if it can be clearly ascertained by a site inspection that the activity was accomplished in accordance with these regulations. 4. Certification of floodproofing and/or elevation shall be provided on a standard form available from the floodplain administrator. 18.44.150 Emergency waiver. 63 A. Emergency repair and replacement of severely damaged public transportation facilities, public water and sewer facilities, and flood control works may be authorized. Floodplain development permit requirements may be waived if: 1. Upon notification and prior to emergency repair and/or replacement, the floodplain administrator determines that an emergency condition exists warranting immediate action; and 2. The floodplain administrator agrees upon the nature and type of proposed emergency repair and/or replacement. B. Authorization to undertake emergency repair and replacement work may be given verbally if the floodplain administrator feels that such a written authorization would unduly delay the emergency works. Such verbal authorization must be followed by a written authorization describing the emergency condition, and the type of emergency work agreed upon, and stating that a verbal authorization had been previously given. 18.44.160 Review-Variances-Appeals. A. There is created a local floodplain management board of adjustment, the membership, administration, and rules of procedure of which are identical to the city commission. B. The city commission may, by variance, grant a permit that is not in compliance with the minimum standards contained in these regulations according, to the following procedures: 1. Variances shall not be issued for areas within a floodway if any additional increase in flood elevations or velocities after allowable encroachments into the floodway fringe would result; 2. Variances shall only be issued upon: a. A showing of good and sufficient cause, b. A determination that refusal of a permit due to exceptional circumstances would cause a unique or undue hardship on the applicant or community involved, c. A determination that the granting of a variance will not result in increased flood hazards, present additional threats to public safety, be an extraordinary public expense, create nuisances, cause fraud, victimize the public, or conflict with existing state and local laws, d. A determination that the proposed use would be adequately floodproofed, e. A determination that a reasonable alternate location outside the floodplain is not available, f. A determination that the variance requested is the minimum necessary to afford relief, considering the flood hazard, and g. Approval of the Montana Department of Natural Resources and Conservation, upon request from the permit issuing authority, prior to formally approving any permit application that is in variance to these regulations; 3. Variances shall be issued in writing from the permit issuing authority and shall notify the applicant that: a. A specific variance is granted, and certain conditions may be attached; b. The issuance of a variance to construct a building below the one hundred-year floodplain elevation will result in increased premium rates; and c. Such construction below the one hundred year flood elevation increase risks to life and property. The floodplain administrator shall maintain records of the variance notification and actions, including justification for their issuance, and forward copies of all variance actions to the Montana Department of Natural Resources and Conservation and the Federal Emergency Management Agency. C. Appeal of any decision of the permit issuing authority, its officers, or agencies may be taken by an aggrieved person or persons, jointly or separately, to a court of record. 18.44.170 Fees. 64 Fees shall be established by resolution of the city commission and shall be submitted with each permit application. 18.44.180 Floodplain development - Compliance. Any use, arrangement, or construction not in compliance as authorized by permit, shall be deemed a violation of this chapter and punishable as provided in Section 18.44.420. An applicant is required to submit certification by a registered professional engineer, architect, land surveyor, or other qualified person designated by the floodplain administrator that finished fill and lowest building floor elevations, flood proofing, hydraulic design, or other flood protection measures were accomplished in compliance with these regulations. 18.44.190 Emergency preparedness - planning. In formulating community development goals, the community shall consider the development of a plan for evacuating residents of all manufactured home parks or subdivisions located within flood prone areas. This plan should be developed, filed with, and approved by appropriate community emergency management authorities. 18.44.200 Applications - Specific standards. The minimum floodplain development standards listed in this chapter apply to the floodway and floodway fringe portions of the one hundred-year floodplain as delineated on the flood hazard area maps. 18.44.210 Floodway - Uses allowed without permits. The following open space uses shall be allowed without a permit within the floodway, provided that such uses conform to the provisions of Sections 18.44.360 through 18.44.400; are not prohibited by any other ordinance, resolution or statute; and do not require filled, excavation, permanent storage of materials, or equipment or structures other than portable structures: A. Agricultural uses; B. Accessory uses such as loading and parking areas, or emergency landing strips associated with industrial and commercial facilities; C. Private and public recreational uses such as golf courses, driving ranges, archery ranges, picnic grounds, boat-launching ramps, parks, wildlife management and natural areas, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and hiking or horseback riding trails; D. Forestry, including processing of forest products with portable equipment; E. Residential uses such as lawns, gardens, parking areas and play areas; F. Irrigation and livestock supply wells, provided that they are located at least five hundred feet from domestic water supply wells; G. Fences, except permanent fences crossing channels; and H. Recreational vehicles provided that they be on the site for fewer than one hundred eighty consecutive days, or be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system with wheels intact, is attached to the site only by quick disconnect type utilities and security devices, and has not permanently attached additions. 18.44.220 Floodway - Uses requiring permits. The following artificial obstructions may be permitted in the floodway subject to the issuance of a permit by the floodplain administrator: A. Excavation of material from pits and pools provided that: 65 1. A buffer strip of undisturbed land is left between the edge of the channel and the edge of the excavation. This buffer strip must be of sufficient width to prevent flood flows from channeling into the excavation; 2. The excavation meets all applicable laws and regulations of other local and state agencies; and 3. Excavated material is disposed of or stockpiled outside the floodway; B. Railroad, highway and street stream crossings provided the crossings are designed to offer minimal obstruction to flood flow. Stream crossings shall not increase the elevation of the one hundred-year flood more than one-half foot nor cause a significant increase in flood velocities; C. Limited filling for highway, street and railroad embankments not associated with stream crossings, provided that: 1. Reasonable alternate transportation routes outside the designated floodway are not available, and 2. Such floodway encroachment is located as far from the stream channel as possible and shall not result in a cumulative increase in base flood elevations, after allowable encroachments into the floodway fringe, exceeding one-half foot; D. During or suspended utility transmission lines, provided that: 1. Suspended utility transmission lines are designed so the lowest point of the suspended line is at least six feet higher than the base flood elevation; 2. Towers and other appurtenant structures are designed and placed to withstand and minimally obstruct flood flows; and 3. Utility transmission lines carrying toxic or flammable materials are buried to a depth of at least twice the calculated maximum depth of scour for a one hundred-year flood. The maximum depth of scour shall be determined by hydraulic engineering methods acceptable to the floodplain administrator; E. Storage of materials and equipment, provided that: 1. The material or equipment is not subject to major damage by flooding and is properly anchored to prevent floatation or downstream movement, or 2. The material or equipment is readily movable within the limited time available after flood warning. Storage of flammable, toxic, hazardous or explosive materials shall not be permitted; F. Domestic water supply wells, provided that: 1. They are driven or drilled wells located on ground higher than the surrounding ground to assure positive drainage from the well, 2. Well casings are watertight to a distance of at least twenty-five feet below the ground surface, 3. Water supply and electrical lines have a watertight seal where the lines enter the casing, 4. All pumps, electrical lines and equipment are either submersible or adequately floodproofed, and 5. Check valves are installed on main water lines at wells and at all building entry locations; G. Buried and sealed vaults for sewage disposal in recreational areas, provided they meet applicable laws and standards administered by the Montana Department of Health and Environmental Sciences; H. Public or private campgrounds, provided that: 1. Access roads require only limited fill and do not obstruct or divert flood waters, and recreational vehicles and travel trailers are licensed and ready for highway use. They are ready for highway use if on wheels or jacking system with wheels intact, are attached to the site with only quick disconnect type utilities and securing devices, and have no permanently attached additions; I. Structures accessory to the uses permitted in this section such as boat docks, marinas, sheds, picnic shelters, tables and toilets provided that: 66 1. The structures are not intended for human habitation, 2. The structures will have a low flood damage potential, 3. The structures will, insofar as possible, by located on around higher than the surrounding ground and as far from the channel as possible, 4. The floodproofing standards of Sections 18.44.360 through 18.44.400 are met, and 5. The structures will be constructed and placed so as to offer minimal obstruction to flood flows and are anchored to prevent flotation; J. Replacement of manufactured homes in an existing manufactured home park or subdivision on a developed site with servicing utilities. The replacement home must be elevated on a permanent foundation so the lowest floor is two feet above the base flood elevation or thirty-six inches in height above grade. The foundation must be reinforced concrete, reinforced mortared block, reinforced piers, or other foundation elements of at least equivalent strength. The manufactured home chassis must be securely anchored to the foundation system so that it will resist floatation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors; K. Substantial improvements to any structure provided that the provisions of subsections C, D or E of Section 18.44.270 are met. In the floodway the structure must be floodproofed or elevated on a permanent foundation rather than on fill; L. All other artificial obstructions, substantial improvements or nonconforming uses not specifically listed or prohibited by these regulations. 18.44.230 Floodway - Permits for flood control works. Flood control works shall be allowed within floodways subject to the issuance of a permit by the floodplain administrator with the following conditions: A. Levees and floodwalls are permitted if: 1. The proposed levee or floodwall is designed and construed to safely convey a one hundred-year flood, and 2. The cumulative effect of the levee or floodwall combined with allowable floodway fringe encroachments does not increase the unobstructed base flood elevation more than 0.5 foot. The floodplain administrator may establish either a lower or higher permissible increase in the base flood elevation for individual levee projects only with concurrence from the Montana Department of Natural Resources and Conservation and the Federal Emergency Management Agency based upon consideration of the following criteria: a. The estimated cumulative effect of any anticipated future permissible uses, and b. The type and amount of existing flood-prone development in the affected area. 3. The proposed levee or floodwall, except those to protect agricultural land, is constructed at least three feet higher than the base flood elevation; B. Riprap, except that which is handplaced, if: 1. The riprap is designed to withstand a one hundred-year flood, 2. The riprap does not increase the base flood elevation, and 3. The riprap will not increase erosion upstream, downstream, or adjacent to the riprap site; C. Channelization projects if they do not significantly increase the magnitude, velocity, or base flood elevation in the proximity of the project; D. Dams, provided that: 1. They are designed and constructed in accordance with the Montana Darn Safety Act and applicable safety standards, and 2. They will not increase flood hazards downstream, either through operational procedures or improper hydraulic design. 18.44.240 Floodway - Permits for water diversions. 67 Permits for the establishment of a water diversion of change in place of diversion shall not be issued if, in the judgment of the floodplain administrator: A. The proposed diversion will significantly increase the upstream base flood elevation to the detriment of neighboring property; B. The proposed diversion is not designed and constructed to minimize potential erosion from a one hundred-year flood; and C. Any permanent diversion structure crossing the full width of the stream channel is not designed and constructed to safely withstand a one hundred year flood. 18.44.250 Floodway - Prohibited uses. The following artificial obstructions and nonconforming uses are prohibited within the floodway: A. New construction of any residential, commercial or industrial structure including manufactured homes; B. Encroachments including fill, new construction, alterations, substantial improvements, and other development within the adopted regulatory floodway that would result in erosion of the embankment, obstruction of the natural flow of waters, or increase in flood levels within the community during the occurrence of the one hundred-year flood; C. The construction or permanent storage of an object subject to floatation or movement during flooding; D. Solid and hazardous waste disposal, sewage treatment and sewage disposal systems; E. Storage of toxic, flammable, hazardous or explosive materials; and F. Alterations of structures unless it can be shown the alteration will not raise flood heights. 18.44.260 Floodway fringe - Uses allowed without permits. All uses allowed in the floodway, according to the provisions of Section 18.44.210 of these regulations, shall also be allowed without a permit in the floodway fringe. In addition, individual or multiple family subsurface sewage disposal systems are allowed only when they are reviewed and approved under laws and regulations administered by the Department of Health and Environmental Sciences or the local health board. 18.44.270 Floodway fringe - Uses requiring permits. All uses allowed in the floodway subject to the issuance of a permit, according to the provisions of Sections 18.44.220 through 18.44.240, shall also be allowed by permit within the floodway fringe. In addition. new construction, substantial improvements, and alterations to structures are allowed by permit. This includes but is not limited to residential, commercial and industrial construction and suitable fill to be allowed by permit from the floodplain administrator, subject to the following conditions: A. Such structures or fill must not be prohibited by any other statute, regulation, ordinance or resolution; B. Such structures or fill must be compatible with local comprehensive plans; C. The new construction, alterations, and substantial improvements of residential structures including manufactured homes must be constructed on suitable fill such that the lowest floor elevation (including basement) is two feet or more above the base flood elevation. The suitable fill shall be at an elevation no lower than the base flood elevation and shall extend for at least fifteen feet, at that elevation, beyond the structure(s) in all directions; D. The new construction, alteration, and substantial improvement of commercial and industrial structures can be constructed on suitable fill as specified in subsection C of this section. If not constricted on fill, commercial and industrial structures must be adequately 68 floodproofed to an elevation no lower than two feet above the base flood elevation. Floodproofing must be certified by a registered professional engineer or architect that the floodproofing methods are adequate to withstand the flood depths, hydrodynamic and hydrostatic pressures, velocities, impact, buoyancy, and uplift forces associated with the one hundred-year flood. 1. If the structure is designed to allow internal flooding of areas below the lowest floor, use of this space shall be limited to parking, loading areas, building access, and storage of equipment or materials not appreciably affected by flood waters. The floors and wall shall be designed and constructed of materials resistant to flooding to an elevation no lower than two feet above the base flood elevation. Walls shall be designed to automatically equalize hydrostatic forces by allowing for entry and exit of floodwaters. Openings may be equipped with screens, louvers, valves, other coverings, or devices which permit the automatic entry and exit of floodwaters. 2. Structures whose lowest floors are used for a purpose other than parking, loading, or storage of materials resistant to flooding shall be floodproofed to an elevation no lower than two feet above the base flood elevation. Floodproofing shall include impermeable membranes or materials for floors and walls and watertight enclosures for all windows, doors and other openings. These structures shall also be designed to withstand the hydrostatic, hydrodynamic and buoyancy effects of a one hundred-year flood. 3. Floodproofing of electrical, heating and plumbing systems shall be accomplished in accordance with Sections 18.44.360 through 18.44.400; E. All manufactured homes placed in the floodway fringe must have the chassis securely anchored to a foundation system that will resist floatation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, over-the-top or fringe ties to ground anchors. The following conditions also apply: 1. When a manufactured home is a) altered, b) replaced because of substantial damage as a result of a flood, or c) replaced on an individual site, the lowest floor must be elevated two feet above the base flood elevation. The home can be elevated on fill or raised on a permanent foundation of reinforced concrete, reinforced mortared block, reinforced piers, or other foundation elements of at least equivalent strength. 2. Replacement or substantial improvement of manufactured homes in an existing manufactured home park or subdivision must be raised on a permanent foundation. The lowest floor must be at least thirty-six inches above the ground or raised two feet above the base flood elevation, whichever is less. The foundation must consist of reinforced concrete, reinforced mortared block, reinforced piers, or other foundation elements of at least equivalent strength. 3. Manufactured homes proposed for use as commercial or industrial structures must be elevated and anchored, rather than floodproofed; F. Fill material placed in the floodway fringe must be stable, compacted, well graded, pervious, generally unaffected by water and frost, devoid of trash or similar foreign matter, devoid of tree stumps or other organic material, and appropriate for the purpose of supporting the intended use and/or permanent structure; G. Roads, streets, highways and rail lines shall be designed to minimize increase in flood heights. Where failure or interruption of transportation facilities would result in danger to the public health or safety, the facility shall be located two feet above the base flood elevation; H. Agricultural structures that have a low damage potential, such as sheds, barns, shelters, and hay or grain storage structures must be adequate anchored to prevent floatation or collapse and all electrical facilities shall be placed above the base flood elevation; and 1. Recreational vehicles, if they are on the site for more than one hundred eighty consecutive days or are not ready for highway use, must meet the elevating requirements of subsection C of this section. 69 18.44.280 Floodway fringe - Prohibited uses. The following artificial obstructions and nonconforming uses are prohibited within the floodway fringe: 1. Solid and hazardous waste disposal; and 2. Storage of highly toxic, flammable, hazardous or explosive materials. Storage of petroleum products may be allowed by permit if stored on compacted fill at least two feet above the base flood elevation and anchored to a permanent foundation to prevent downstream movement. 18.44.290 Floodplain areas with flood elevations and no delineated floodway. A. A development proposed for a one hundred year floodplain, where water surface elevations are available but no floodway is delineated, may not significantly increase flood velocities or depths or generally alter patterns of flood flow. The provisions of Sections 18.44.260 through 18.44.280 shall apply to these areas. The floodplain administrator may require a permit applicant to furnish additional hydraulic data before acting on a permit application for such a floodplain. The data may include, but are not limited to, any of the following: 1. A hydraulic study documenting probably effect on upstream, downstream or adjacent property owners caused by the proposed development; or 2. The calculated increase in the one hundred year flood water surface profile caused by the proposed development. B. Permits for such proposed development may be modified or denied if the additional information shows that the proposed use would cause an additional flood hazard to adjacent property or significantly increase in flood heights is one-half foot unless existing or anticipated development in the area dictates a lesser amount of allowable increase. 18.44.300 Shallow flooding (AO zones). A. Shallow flooding areas are delineated as AO zone floodplains of the Flood Insurance Rate Maps. The provisions of Section 18.44.270 shall apply to any AO zone floodplains. The depth of the one hundred-year flood is indicated as the depth number on the Flood Insurance Rate Maps. The one hundred-year flood depth shall be referenced to the highest adjacent grade or stream flow line in determining which fill or floodproofing heights to use in applying the provisions of subsections C and D of Section 18.44.270. In the absence of depth or elevation information, a minimum two-foot flood depth shall be used. B. Floodplain Boundary Interpretation. The floodplain administrator shall make interpretations where needed as to the exact location of an AO zone floodplain boundary when there is a conflict between a mapped boundary and actual field conditions. 18.44.310 Applicability to unnumbered A zones. The minimum floodplain development standards listed in this section apply to the one hundred-year floodplains delineated by approximate methods and identified as unnumbered A zones on the Flood Insurance Rate Maps. 18.44.320 A zones-Uses allowed without permits. All uses allowed in a floodway, according to the, provisions of Section 18.44.210, shall also be allowed without a permit in unnumbered A zone floodplains. 18.44.330 A zones-Uses requiring permits. All uses allowed in the floodway and floodway fringe subject to the issuance of a permit according to the provisions of Section 18.44.270, shall require permits from the floodplain administrator for unnumbered A zone floodplains. Also, the provisions of Section 18.44.270 70 apply to the A zone floodplains with no floodway delineated or water surface profile computed. Since there are no one hundred-year flood water surface profiles computed for A zone floodplains, the following conditions also apply: 1. Elevation data on the one hundred-year flood shall be provided for subdivision proposals according to the definitions and rules of the Montana Sanitation in Subdivisions Act, MCA 76-4 Part 1 and the rules adopted by DHES under this act. These data shall be used in the applying subsections C, D and E of Section 18.44.270. Subdivision proposals shall also provide for adequate drainage to minimize potential flood hazards; 2. The floodplain administrator may obtain, review and reasonably use any base flood elevation and floodway data available from federal, state or other sources, until such data have been provided by FEMA, to enforce subsections C and D of Section 18.44.270; 3. The floodplain administrator may use historical flood elevations to determine suitable fill or floodproofing elevations as required by subsections C and D of Section 18.44.270; 4. If historical flood evidence is not available, then the floodplain administrator shall determine, from a field review at the proposed development site, an appropriate fill or floodproofing elevation to use in applying subsections C and D of Section 18.44.270. In the absence of depth or elevation information, a minimum two-foot flood depth shall be used; and 5. Proposed structures must be anchored to prevent floatation or collapse and must be located as far from stream channels as practicable. 18.44.340 A zones - Prohibited uses. Those uses prohibited in the floodway fringe, in accordance with Section 18.44.280, shall also be prohibited within the A zone floodplain boundaries. 18.44.350 A zones - Floodplain boundary interpretation. The floodplain administrator shall make interpretations where needed as to the exact location of the unnumbered A zone floodplain boundary when there is a conflict between a mapped boundary and actual field conditions. 18.44.360 Floodproofing requirements - Certification. If the following floodproofing requirements are to be applied to a proposed structure, as stipulated by the floodplain administrator in accordance with these regulations, the methods used must be certified as adequate by a registered professional engineer or architect. 18.44.370 Floodproofing requirements - Conformance. Permitted floodproof systems shall conform to the conditions listed in Sections 18.44.380 through 18.44.400 and the floodproofing standards listed in subsection D of Section 18.44.270 for commercial and industrial structures. 18.44.380 Floodproofing requirements - Electrical systems. A. All incoming power service equipment, including all metering equipment, control centers, transformers, distribution and lighting panels, and all other stationary equipment must be located at least two feet above the base flood elevation; B. Portable or movable electrical equipment may be placed below the base flood elevation, if the equipment can be disconnected by a single submersible plug-and-socket assembly; C. The main power service line shall have automatic or manually operated electrical disconnect equipment located at an accessible location outside the one hundred-year floodplain and above the base flood elevation; and 71 D. All electrical wiring systems installed at or below the elevation of the one hundred-year flood shall be suitable for continuous submergence and may not contain fibrous components. 18.44.390 Floodproofing requirements - Heating systems. A. Float operated automatic control valves must be installed in gas furnace supply lines so that the fuel supply is automatically shut off when flood waters reach the floor level where the furnace is located; B. Manually operated gate valves must be installed in gas supply lines. The gate valves must be operable from a location above the elevation of the one hundred-year flood; C. Electric heating systems must be installed in accordance with the provisions of Section 30(A). 18.44.400 Floodproofing requirements - Plumbing systems. A. Sewer lines, except those to be buried and sealed in vaults, must have check valves installed to prevent sewage backup into permitted structures; and B. All toilet stools, sinks, urinals and drains must be located so the lowest point of possible water entry is at least two feet above the elevation of the one hundred-year flood. 18.44.410 Violation notice. The floodplain administrator shall bring any violation of this chapter to the attention of the local governing body; its legal council; and the Montana Department of Natural Resources and Conservation. 18.44.420 Violation - Penalty. Violation of the provisions of this chapter or failure to comply with any of the requirements, including permit approval prior to development of floodprone lands and conditions and safeguards established shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction, be fined not more than one hundred dollars or imprisoned in jail for not more than ten days or both. Each day's continuance of a violation shall be deemed a separate and distinct offense. 72 Chapter 18.45 CASINO OVERLAY DISTRICT 18.45.010 Intent. The intent of the Casino Overlay District is to provide suitable locations for casinos (as defined in Section 18.04.350) based on review for impacts to neighboring uses and to minimize adverse effects on the community in the best interests of the public health, safety, and welfare. 18.45.020 Application for zoning designation. Any person wishing to establish a casino must make application as per Section 18.55, Text Amendments and Rezoning Changes, for a Casino Overlay District. 18.45.030 Permitted uses. Permitted uses in the Casino Overlay District are as follows: A. Principal uses. All principal uses permitted in the M-1 district if the underlying zoning is M-1 All principal uses permitted in the M-2 district if the underlying zoning is M-2 B. Conditional uses. Casinos All conditional uses permitted in the M-1 district if the underlying zoning is M-1 All conditional uses permitted in the M-2 district if the underlying zoning is M-2 C. Accessory uses. All accessory uses permitted in the M-1 district if the underlying zoning is M-1 All accessory uses permitted in the M-2 district if the underlying zoning is M-2 18.45.040 Restrictions. A. Casino Overlay Districts shall be permissible zoning only in areas previously zoned M-1, Light Manufacturing District, or M-2, Manufacturing and Industrial District. B. Casino Overlay Districts shall not be located within an Entryway Overlay District except for the I-90 entryway overlay corridor. Casino Overlay Districts shall not be located in areas where the I-90 entryway corridor overlaps other Entryway Overlay Districts. C. Casino Overlay District lots shall not be located within six hundred (600) feet, in any direction, of lots used for schools, churches, residences, public parks, or other casinos. D. Sale for on-premise consumption of beer, wine and liquor is permissible only for casino and restaurant establishments. 18.45.050 Lot area and width. There shall be no minimum lot area; however, no lot width shall be less than one hundred feet and the lot area shall be sufficient to provide all required yard areas and off-street parking. 18.45.060 Lot coverage. The entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings. 18.45.070 Yards. Every lot within a Casino Overlay District shall have the following minimum yards: 73 Front yard 25 feet Rear yard 10 feet Side yards 8 feet each side. (Note: All yards shall be subject to the provisions of Section 18.43.060 and Section 18.50.060(D) when applicable.) 18.45.080 Building height. Maximum building height in a Casino Overlay District shall be thirty-eight feet for buildings with roof pitches of 3:12 or greater and thirty-two feet for buildings with flat roofs or with roof pitches of less than 3:12 107 107 Chapter 18.50 GENERAL BUILDING AND DEVELOPMENT STANDARDS Sections: 18.50.010 Purpose. 18.50.020 Standards for specific uses. 18.50.030 Use of lands, buildings and structures. 18.50.035 Miscellaneous requirements. 18.50.040 Dwelling unit restrictions. 18.50.050 Accessory buildings, uses and equipment. 18.50.060 Yard and height encroachments, limitations and exceptions. 18.50.070 Fences, walls and hedges. 18.50.080 Street vision triangle. 18.50.100 Landscaping. 18.50.110 Property frontage and drive access standards. 18.50.120 Parking requirements. 18.50.130 Off-street loading berth requirements. 18.50.140 Special temporary use permit. 18.50.150 Home occupations. 18.50.160 Nonconforming uses and structures. 18.50.180 Mobile homes on individual lots. 18.50.010 Purpose. A. The purpose of this Chapter is to establish general development standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the peace, health, safety and general welfare of the residents living within the zoning jurisdiction of the city. B. These standards are also intended to be used as guidelines for evaluating and assessing the quality and design of proposed planned unit developments. The particulars of any planned unit development will be evaluated against their respective standards contained in this chapter. It is expected that the quality and design of the planned unit development, while not necessarily complying with the exact standards of this chapter, will meet or exceed the intent behind these standards. 18.50.020 Standards for specific uses. A. Purpose. The purpose of this section is to further describe the standards and conditions under which certain uses may be permitted as principal or conditional uses in specific districts. B. Applicability. All uses listed in this section shall be subject to the specific standards described for each use, in addition to all other applicable standards which may apply. C. Specific Uses And Standards. 1. Automobile Service Station. In addition to the requirements to be followed for all convenience uses as defined in this title and provided in Section 18.50.020(C)(8) of this title, the following requirements shall apply to all service station and automobile uses as listed below. Compliance with all criteria listed below does not necessarily guarantee approval by the city. a. At least one frontage is to be on a major arterial street as designated in the Bozeman master plan. b. Gas pump and pump island canopies are to be located not closer than ten feet to any side or rear property line. Design of the canopy shall architecturally match the design of the main 108 108 building. All canopies shall be connected to the roof of the main structure unless otherwise approved. All canopy lighting must project downward, not upward or outward from the structure and must be low pressure sodium. The maximum height of the canopy shall not exceed eighteen feet. All signs must conform to the Sign Code of the Bozeman Zoning Ordinance, Chapter 18.65. c. All on-site activities except those normally performed at the fuel pumps are to be performed within a completely enclosed building. Paint-spraying or body and fender work is not permitted. d. Where towing service is to be provided, a parking bay for the towing vehicle is to be provided and screened. The vehicle shall be screened on three sides with a minimum six-foot opaque wall which architecturally matches the main building. Vehicles that are either under repair or vehicles that have been repaired may be stored on a temporary basis, not to exceed seven days and designated parking bays must be provided for each vehicle awaiting repairs. e. All outdoor lighting shall be so arranged as to be directed on the premises and reflect away from any residential property. In addition, all lighting shall be attached to the main structure unless otherwise specifically approved. f. All structures approved under this conditional use permit shall be of a design character that is appropriate to the area in which they are to be constructed. Renderings of buildings shall accompany each application and construction shall be in conformity thereto. Architectural detailing shall be consistent on all four sides of the building. g. All rest room entrances shall be screened from view of adjacent properties or street rights-of-way by a decorative wall or landscaping, or shall be accessed from the inside of the main entrance to the building. h. No outside storage of, and no sale, lease or rental of trailers, trucks or similar equipment shall be permitted except as may be specifically allowed in that zone. i. Parking space for two vehicles per each service stall in the station, but no less than four spaces, shall be provided. Pump islands shall not be considered as service bays. Standing areas at pump islands and interior circulation areas shall not be used as parking areas in calculating required parking spaces. 2. Automobile Washing Establishment, Automatic. In addition to the requirements to be followed for all convenience uses, the following requirements shall apply to all automatic auto washing establishments as listed below. Compliance with all the criteria listed below does not necessarily guarantee approval by the City. a. All detergents must be biodegradable. b. Any lights used to illuminate the area shall be directed away from adjacent residential properties. c. Building surfaces shall be faced with masonry, brick, stucco, wood or some other permanent looking material. Corrugated metal is prohibited. 3. Automobile Washing Establishment, Self-Serve. In addition to the requirements to be followed for all conveniences uses, the following requirements shall apply to all self-serve automobile washing establishments. as listed below. Compliance with all the criteria listed below does not necessarily guarantee approval by the city. a. All detergents must be biodegradable. b. Trash and litter containers shall be emptied daily. In addition, the site shall be patrolled at least once daily in order to remove litter. c. Sale of automobile accessories such as batteries, tires, gasoline, etc. is prohibited. d. Building surfaces shall be faced with masonry, brick. stucco, wood or some other permanent looking material. Corrugated metal is prohibited. e. Any lights used to illuminate the area shall be directed away from adjacent residential properties. 109 109 f. Canopies are to be located not closer than ten feet to any side or rear property line. Design of the canopy shall architecturally match the design of the main building. All canopy lighting shall project downward, not upward or outward from the structure. The maximum height of the canopy shall not exceed eighteen feet. All signs must conform to the Sign Code of the Bozeman Zoning Ordinance, Chapter 18.65. 4. Automotive Repair Facilities. a. All repairs shall be performed within a building. b. No site plan shall be approved which exposes unassembled vehicles, auto repair activities or auto parts to any street or residential district. c. All vehicles awaiting repair shall he screened from view by a masonry or wood wall or approved landscape screen. 5. Cemeteries. a. Total site area, including business office and storage building, shall be a minimum of forty acres, of which at least ten acres shall be subdivided and developed in the initial plot. b. The cemetery may include accessory uses such as a chapel, a mortuary, an office, a mausoleum, and those industrial uses which are incidental to the operation of a cemetery. Industrial uses may include such things as the manufacture of burial vaults and headstone foundations, provided all of the products are used on the site and are not offered for sale and use elsewhere. The cemetery shall not include uses of an industrial nature other than those stated in this section. 6. Convenience Uses and Drive-Through/Drive In Restaurants. a. Location and Size i. Convenience uses may be located only at intersections of arterial streets as designated in the Bozeman master plan. ii. The site area for any convenience use shall be a minimum of two acres, unless such convenience use is planned, designated and approved by the city to be developed in conjunction with an approved site plan for one or more additional uses and buildings. b. Architectural Guidelines. i. All convenience uses shall be designed in an architectural and design character that is appropriate for and compatible with the area. ii. Use of standardized corporate identification themes integrated into the architectural design shall be regulated by the city commission. Excessive use of such themes may be used as grounds for denial of the project. iii. When located in shopping centers, the architectural character of the building shall be integrated with the design theme of the center through the use of the same building materials, shapes and details. The effect of color in creating a design character that is appropriate for and compatible with the area will be considered. All parking, circulation, driveways, setbacks and signage shall be integrated with the entire design theme of the project. iv. The elevation design of the building shall provide design character and detailing on all four sides. c. Noise. i. Noise from drive-through speakers shall not be audible from adjacent, residential districts. 7. Mini -Warehouses. a. Minimum site size shall be one acre. b. On-Site Circulation, Drives and Parking i. Each mini-warehouse site shall provide a minimum of two exits. ii. All one-way driveways shall provide for one ten-foot parking lane and one twelve-foot travel lane. Traffic direction and parking shall be designated by signing or painting. 110 110 iii. All two-way driveways shall provide for one ten-foot parking lane and two ten-foot travel lanes. iv. The parking lanes may be eliminated when the driveway does not serve storage cubicles. 8. Outdoor Sales and Display a. Merchandise which is offered for direct sale, rental or lease to the ultimate consumer or user may be displayed beyond the confines of a building in any commercial district, but the area occupied by such outdoor display shall not constitute a greater number of square feet than ten percent of the ground floor area of the building housing the principal use, unless such merchandise is a type customarily displayed outdoors such as automobiles and garden supplies. In such cases, the maximum area for outdoor sales and display shall not exceed fifty percent of the total lot area. b. Outdoor sales and display areas shall not be located in any required yard. 9. Recreational Vehicle Park and Overnight Campground. a. Recreational vehicle parks shall be screened from view of any residential development. b. Internal circulation roads shall be paved with a concrete or asphaltic concrete surface. c. Individual recreational vehicle parking pads shall be plainly marked and maintained with a dust free surface. d. Individual recreational vehicle parking pads shall be set back at least thirty feet from the perimeter of the park and thirty feet from any public street right-of-way. e. Approved trash disposal and bathroom and laundry facilities, including facilities for the handicapped, shall be provided for use of overnight campers. 10. Stable, Commercial. a. The minimum property size shall be ten acres. b. The proposed site shall not be adjacent to subdivided single-family residential property unless that residential property contains an equestrian easement along the contiguous boundary. c. Structures or facilities used for stabling, storing, showing or training of animals shall be set back a minimum of one hundred feet from any adjacent privately owned property. Dwelling units, accessory structures incidental to dwelling units, and irrigated pasturage may occur within the one hundred foot setback area subject to the setback requirements of the applicable zoning district. d. There shall be a forty-foot yard adjacent to any street. e. There shall be no shows or other activities which would generate more traffic than is normal to a residential area, unless the proposed site has direct access from an arterial street as set forth in the Bozeman Master Plan. Permission for such shows and activities shall be obtained from the city. Notification shall be provided in a letter that explains the nature and duration of the activity, and accommodations for spectators, traffic control and additional parking for cars and trailers. This letter shall be submitted to the clerk of the commission at least one month prior to the date of the show or activity. f. All pasture and animal storage areas shall be enclosed with fences or walls of a minimum of four feet six inches in height. The design of these enclosures shall be shown on drawings submitted with the conditional use application. g. All laws applicable to the public health and appropriate care of animals must be complied with for the entire period of operation of the stable. h. All activity and pasture areas that are not grassed shall be treated for dust control as approved by the planning director. i. Adequate parking for daily activities shall be shown on the site plan and improved to city parking standards. Additional parking, improved as determined by the planning director, shall be provided for shows or other special events. 11. Tennis and Racquet Club. a. The use will be compatible with any adjacent neighborhood and will not be detrimental to the same due to: 111 111 i. Increased automobile traffic; ii. Noise generated from within the site. b. The minimum property size shall be three acres. c. If outdoor courts are lighted, lighting shall be placed and shielded so as not to be detrimental to adjoining properties, shall shine down on the courts and not up or out. d. Fencing of outdoor courts shall not exceed sixteen feet in height and may be required to be opaque by the design review board. e. There shall be no shows, tournaments or other activity which would generate more traffic than is normal to a residential area, unless access is provided from an arterial street as set forth in the Bozeman master plan. If access is not provided from an arterial street, permission for such shows and activities shall be obtained from the city commission. Permission shall be requested in a letter with a site sketch that explains the nature and duration of the activity and accommodations for spectators, additional parking and traffic control. This letter shall be submitted to the clerk of the commission for city commission consideration. f. There shall be a landscaped fifty foot buffer strip adjacent to any residential zoning district, or as otherwise determined by the design review board. g. Hours of operation may be controlled by the city commission. h. Perimeter fencing of the site may be required by the design review board. 12. Accessory Dwelling Units a. An owner or the owners of real property may establish and maintain an accessory dwelling unit within the principal structure of a detached dwelling unit, or above a garage, in the A-S, R-S, R-1, R-2, or R-2a districts if all of the following conditions are met and continue to be met during the life of the accessory dwelling unit: i. The detached dwelling unit within which the accessory dwelling unit is located, or the accessory dwelling unit itself, is actually and physically occupied as a principal residence by at least one owner of record who possesses at least an estate for life or a fifty percent fee simple ownership interest. ii. In addition to the parking required for the principal residence, one paved off-street parking space is provided for the exclusive use of the accessory dwelling unit. iii. The occupancy of the accessory dwelling unit does not exceed two persons. iv. Garages shall not be converted for use as accessory dwelling units. However, accessory dwelling units shall be permitted to be placed above garages. v. No permit for an accessory dwelling unit shall be granted for a principal dwelling that is not at least five years old. vi. In no case shall an accessory dwelling unit be larger than 1,000 square feet. vii. Only one accessory dwelling unit may be created per lot. viii. If the accessory dwelling unit is a part of the principal dwelling unit, the accessory dwelling unit shall be clearly incidental to the principal dwelling unit and shall meet the following criteria: (a) The accessory dwelling unit is created only in a single-family detached dwelling unit on a lot of 6,000 square feet or more. (b) The accessory dwelling unit does not exceed one-third of the total area of the principal structure. (c) The accessory dwelling unit is created only through internal conversion of the principal structure or constructed above a garage. Minor exterior changes may be made on the building, however, if the square footage added constitutes no more than five percent of the principal structure=s existing living area (exclusive of the garage). (d) Second story additions on detached garages shall be approved only if found compatible and consistent with the existing character and fabric of the neighborhood. 112 112 (e) If the entrance for the accessory dwelling unit is separate from the entrance of the principal structure, the entrance shall only be located in the rear or side yards. ix. The applicant shall comply with City of Bozeman Building Department standards. 18.50.030 Use of lands, buildings and structures. A. Only Uses Specifically Identified by This Title to be Built. No building, or structure or part thereof shall be erected, altered, or enlarged for a use, nor shall any existing building, structure. or part thereof, or land, be used for a purpose or in a manner that is not in conformity with the uses listed as permitted uses for the zone in which such buildings, structure, or land is situated. In addition, any land, building or structure to be erected or used for a purpose listed as a conditional use in such zone shall first receive approval from the city commission. B. Building Location on Lot. No building, or part thereof, or structure shall be erected, nor shall any existing building be altered, enlarged, or rebuilt or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard and setback regulations designed for the zone in which such building or open space is located, except as otherwise specified in this title. C. Recreational Vehicle Parking on Residential Lot. No person shall park or occupy any recreational vehicle or mobile home on the premises of any occupied dwelling or on any lot which is not a part of the premises of any occupied dwelling, either of which is situated outside of any approved mobile home park or mobile home subdivision except that: 1. The parking of only one unoccupied recreational vehicle in any accessory private garage, or in a rear yard in any district is permitted, providing no living quarters shall be maintained or any business practiced in the recreational vehicle while such recreational vehicle is so parked or stored; and 2. In the event of hardship, temporary use permits may be granted for occupying such recreational vehicle or mobile home. D. Water and Sanitary Sewer System Requirements. 1. Whenever any building lots and/or building sites are created inside the city limits, except for those lying within A-S or R-S zoning districts, and prior to the issuance of any building permits on such lots or sites, central water distribution and central sanitary sewer collection systems, public or private, shall be provided to the site. Each building site must utilize and be connected to both the central water distribution and central sanitary sewer collection systems, public and private. 2. These improvements shall be designed, constructed and installed according to the standards and criteria as adopted by the city and approved by both the city engineer and water superintendent prior to the issuance of any building permits. 18.50.035 Miscellaneous requirements. A. Glare and Lighting. 1. Deflection. Any lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged so as to deflect light down and/or away from any adjoining residential district and shall not detract from driver visibility on adjacent streets. In addition, all lighting (except for security purposes) shall be turned off between eleven p.m. and six a.m. Exceptions will be granted to those businesses which are operating during these hours. 2. Light Standards. Lighting standards used to illuminate off-street parking areas shall not exceed twenty feet or the height of the tallest building on the lot, whichever is lower. B. Surface-Water Ponding. Natural ponding areas shall be retained as much as possible or, if necessary, enlarged or modified as directed by the director of public service to restrict the off-site runoff, subject to city subdivision requirements for storm water runoff control and the city's stormwater drainage requirements. 113 113 C. Outdoor Storage. 1. 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 one hundred percent opaque wall or fence not less than six feet tall. 2. No storage of any type shall be permitted within any required yard. 3. All areas designated for vehicle and equipment storage shall be screened from view from the street and adjacent properties as per Section 18.50.035(C)(1). 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. D. Trash and Garbage Incineration-Enclosures. 1. Incineration. No exterior incineration of trash or garbage is permissible. 2. Trash Enclosures. A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than single-family dwellings, duplexes, or 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 five 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 streets and 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 four feet in height above grade. E. Smoke, Dust and Other Particulate Matter. The emission of smoke, from any point source shall not exceed a density greater than that described in Number 2 ring of the Ringelmann Chart as published by the U.S. Bureau of Mines. Dirt, dust, fly ash and other forms of particulate matter shall not be emitted beyond the property lines of the use creating the particulate matter. F. Bulk Storage (Liquid). All uses associated with bulk storage of all gasoline, liquid fertilizer, chemicals, flammable and similar liquids shall comply with Uniform Building and Fire Code requirements and any applicable county regulations. G. Water Quality, Hazardous Wastes and Wastewater. Discharge of hazardous waste, chemicals and wastewater will be subject to Montana Department of Health and Environmental Science standards. But in no case shall any hazardous waste chemicals or wastewater be discharged into any Perennial stream within the city. H. Odors and Toxic Gases. 1. The emission of odors shall be controlled such that objectionable or offensive odors are not perceptible beyond a distance of fifty feet past the property lines of the use creating the odors. 2. No toxic, noxious, or corrosive fumes or gases shall be emitted beyond the property lines of the use creating such fumes or gases. I. Noise. 1. Measured Noise Levels. The maximum noise level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work), measured at the site property line, shall not exceed the values shown in the following tables: 114 114 Octave Band Range in Cycles per Second Sound Pressure Level in Decibels rep. 002 dyne/cm2 Below 75 72 75-150 67 151-300 59 301--600 52 601-1200 46 1201-2400 40 2401--4800 34 Above 4800 32 2. Discontinuous Noises. If the noise is not smooth and continuous, and is not radiated between the hours of ten p.m. and seven a.m., one or more connections shall be applied to the above octave band levels as follows: Type of Location of Operation or Character of Noise Correction in Decibels Daytime operation only +5 Noise source operating less than: 20% of any one hour period +5 5% of any one hour period (only one of these corrections may be applied) +10 Noise of impulsive character, i.e. hammering -5 Noise of periodic character. i.e., humming or screeching -5 3. Method of Measurement. Sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association as established in Pamphlets Nos. 224.3 and 224. 10 published in 1944 and 1953, respectively, which standards are herein adopted by reference as a part of this section. J. Vibrations. No ground vibrations, except for those only perceptible with the use of instruments, shall be permitted beyond the property lines of the use generating the ground vibrations. K. Electrical Disturbance. No activity shall be permitted which causes electrical disturbances affecting the operation of any equipment located beyond the property line of the activity. This section does not apply to uses which are regulated by and are in compliance with federal agencies or law. L. Glare and Heat. Any use producing intense glare or heat shall be conducted so that the glare is effectively screened from view at any point on the lot line of the lot in which the use is located. Any heat will be dissipated so that it is not perceptible without instruments at any point on the lot line of the lot on which the use is located. M. Fire and Explosive Hazards. Any use or activity involving the use or storage of combustible, flammable or explosive materials shall be in compliance with the Uniform Fire Code as adopted by the city. Burning of waste materials in open fires is prohibited. N. Liquid or Solid Waste. No materials, compounds or chemicals, which can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause emissions of elements which arc offensive or hazardous to the public health, safety, welfare or comfort shall be discharged at any point into any public sewer, private sewage disposal system or stream or into 115 115 the ground, except in accordance with the code of the city and the standards approved by the Montana State Department of Health and Environmental Science or such governmental agency as may have jurisdiction over such activities. O. Fissionable, Radioactivity or Electromagnetic Disturbance. No activities shall be permitted which utilize fissionable or radioactive materials if, at any time, their use results in the release or emission of any fissionable or radioactive material into the atmosphere, ground or sewerage system. No activities or devices shall be permitted which at any time emit radio-frequency energy affecting any activity or the operation of any equipment beyond the site property line. Radio-frequency energy shall be considered as being electro-magnetic energy at any frequency in the radio spectrum between ten kilocycles and three million mega-cycles. P. Swimming Pools -Location and Enclosures. No public or private swimming pool in any district shall be located in any required front yard; however, if not more than six feet in height, such use may be located in any required side or rear yard. In addition, all swimming pools shall be enclosed in an area with a fence or wall not less than forty-two inches in height, and no openings therein, other than doors or gates, larger than four inches in any direction. A structure of any type may be used as part of such enclosure. All gates and doors shall be securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure for private residential pools need not be so equipped. The building official may make modifications in individual cases, upon a showing of good cause, with respect to the height, nature or location of the fence, wall, gates or latches, or the necessity thereof, provided the protection as sought hereunder is not reduce thereby. Q. Bicycle Lanes Required. Wherever new streets or roads are to be developed as a result of a development proposal, or wherever existing streets or roads are required to be improved, and upon a recommendation from the Bozeman bicycle advisory board (BBAB), the developer may be required to incorporate striped bicycle lanes along the shoulder meeting current AASHTO standards into the design and construction or improvement of the streets or roads. R. Bicycle Racks Required. All development subject to minor or major site plan review as per Chapter 18.52 shall provide adequate bicycle parking facilities to accommodate bicycle-riding residents and/or employees and customers of the proposed development. Bicycle parking facilities will be in conformance with standards recommended by the Bozeman bicycle advisory board. 18.50.040 Dwelling unit restrictions A. No Use of Unfinished Structures. No cellar, garage, tent, tepee, basement with unfinished structure above, or accessory building vehicle, or any mobile home or recreational vehicle outside of an approved mobile home or recreational vehicle development shall at any time be used as a dwelling unit, unless approved for use as a temporary dwelling unit due to a demonstrated hardship. B. Use of Basements. The basement portion of a finished home shall be properly dampproffed and have natural lighting, heating, ventilation, suitable fire protection and exits if used for living purposes. 18.50.050 Accessory buildings, uses and equipment A. Accessory Buildings as Principal Building. An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway. B. Accessory Buildings Not Permitted in Front Yards. Accessory buildings, uses, or equipment shall not be stored or constructed between the front lot line and required front building line. 116 116 C. Height of Accessory Buildings. Accessory buildings and garages in residential districts shall not exceed the height of the principal structure and shall not be located within a utility easement. D. Accessory Buildings in Rear. Accessory buildings in any business or industrial district may be located only to the rear of the front line of the principal building. E. Accessory Building Height. No accessory building in any residential, business or industrial district shall exceed the height of the principal building unless such accessory building has been otherwise approved as per this title. F. Detached Structures Setback Requirements. 1. A detached structure such as a garage shall meet the setback requirements of the main building except that garages may be located ten feet from rear property lines in districts where rear yard setback requirements exceed ten feet for principal structures. 2. Detached accessory structures such as storage sheds not larger than one hundred twenty square feet in area, playhouses, garbage enclosures, etc. shall not be located in any required front or side yard, but may be located one foot from property lines in required rear yards. These limitations shall not apply to such features as lawn ornaments, bird feeders, utility service boxes or mailboxes. 3. A detached structure wall shall maintain a minimum of six feet separation from the main structure wall. G. Percentage of Yard Coverage. Accessory structures may occupy not more than twenty-five percent of any required rear yard. 18.50.060 Yard and height encroachments, limitations and exceptions. A. Permitted Encroachments Into Yards. The following shall be permitted encroachments into required yards, subject to any and all applicable Uniform Building Code requirements: 1. Architectural features such as chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, eaves, gutters, awnings, and steps, provided such architectural features do not extend more than five feet into any required yard; 2. Terraces and patios, uncovered decks and stoops, or similar features, provided that such features shall not extend above the height of the ground floor level of the principal structure nor more than five feet into any required yard; 3. Porches, covered terraces, and covered decks, provided such features shall not occupy more than one-third of the length of the building wall and shall not extend more than five feet into any required yard; 4. Fire escapes may be permitted in required side or rear yards only; 5. Wheelchair ramps may encroach into any required yard, but shall not be located closer than three feet from any property line; and 6. Flag poles, ornamental features, trees, shrubs, walkways, nameplate signs, and floodlights or other sources of illumination provided the direct source of light is not visible from the public right-of-way or adjacent residential property. B. Zero Lot Line Conditions. Where an individual owns two adjoining lots or where the owners of two adjoining lots make legal written agreement a zero lot line concept may be used for single-family dwelling unit developments. This may result in the creation of a two-family residential structure, only in districts permitting such structure, or the creation of townhouse clusters in districts permitting such structures. In all cases a minimum ten-foot side yard shall be maintained adjacent to the exterior side, or nonzero lot line side, of the structure. C. Special Yard Setbacks. 1. The corner side yard for any corner lot not located on an arterial street shall be equal to the adjacent yard of the adjacent lot, but in no case shall the corner side yard be less than fifteen feet. 117 117 2. A twenty-five foot corner side or front yard shall be provided on all arterials designated on the Bozeman master plan. D. Watercourse Setbacks. No newly constructed structure, addition to an existing structure, parking lot or other similar improvements shall be located closer than thirty-five feet to the mean high water mark of a watercourse as defined in this title. For the purpose of this section, the mean high water mark shall be defined as the line which the water impresses on the soil by covering it for sufficient periods to deprive it of vegetation. A minimum of five feet of the required thirty-five foot setback immediately adjacent to the watercourse shall be left in a natural vegetative state. E. Height Limitation Exceptions. 1. Non-Specific Exemptions. No building, or part thereof, or structure shall be erected, reconstructed, or structurally altered to exceed in height the limit herein designated for the district in which such building is located, except as is specified in Chapter 18.56, or as specifically authorized by the city commission as an approved condition of a planned unit development. Such approved conditions must include the recommendations of the City Fire Marshal. 2. Specific Exemptions. a. Height limitations shall not apply to church spires, belfries, cupolas and domes; monuments; chimneys and smokestacks; flag poles; public and private utility facilities, transmission towers of commercial and private radio-broadcasting stations, and television antennae, excluding, however any such facility regulated by Chapter 18.57; parapet walls extending no more than four feet above the limiting height of the building except as hereinafter provided; and solar energy collectors and equipment used for the mounting or operation of such collectors. b. Places of public assembly in churches, schools and other permitted public and semi-public buildings may exceed height limitations otherwise established by this title; provided that these are located on the ground floor of such buildings and provided that for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required in the district. c. Elevator and stair penthouses, water tanks, monitors and scenery lofts are exempt from height limitations otherwise established in this title; provided that no linear dimension of any such structure exceed fifty percent of the corresponding street frontage line. d. Towers and monuments, cooling towers, gas holders or other structures, where the manufacturing process requires a greater height, and grain elevators and silos are exempt from this title; provided that any structure above the height otherwise permitted in the district shall occupy no more than twenty-five percent of the area of the lot and shall be at least twenty-five feet from every lot line. 18.50.070 Fences, walls and hedges. A. Location. Except as provided in Section 18.50.080, fences, walls and hedges, in any district may be located on lot lines provided such fences, walls and hedges do not exceed eight feet in height. Fences exceeding eight feet in height shall be subject to the minimum yard requirements of the district in which such fences are located. However, no fences, walls or hedges shall exceed four feet in any corner side yard or front yard, as defined in this title. Fences used in an agricultural pursuit to retain stock animals shall be excepted. B. Relation to Linear Parks. Fences located in the rear yard setback of properties adjoining any Bozeman linear park shall have a maximum height of four feet. C. Construction, Maintenance and Height Measurement. 1. 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 118 118 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 inspector shall commence proper proceedings for the abatement thereof. 2. Barbed Wire and Electric Fences. a. No barbed wire or similar sharp fencing or electric fences shall be permitted, except in A-S and 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. b. When electrically charged fences are used in an A-S district or R-S district, such fences shall be posted with warning signs at intervals not to exceed one hundred fifty feet where such fences are adjacent to public rights-of-way. 3. 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. D. Fences and Walls in All Districts-"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. E. 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 six feet in height. 18.50.080 Street vision triangle. A. Arterial Streets. On corner lots on arterial streets in all districts, no fence, wall or planting in excess of thirty inches above the street centerline grade shall be permitted within a triangular area defined as follows: beginning at the intersection of the projected curblines of the two intersection streets, thence fifty feet along one curb line, thence diagonally to the point fifty feet from the bottom of beginning on the other curblines, then to the point of beginning. B. Collector and Local Streets. On corner lots, on collector and local streets, all districts, no fence, wall or planting in excess of thirty inches above the street centerline grades shall be permitted within a triangular area defined as follows: beginning at the intersection of the projected curblines of two intersecting streets, thence forty feet along one curb line, thence diagonally to a point forty feet from the point of beginning on the other curb line, then to the point of beginning. C. Driveways and Alleys. At the intersection of each driveway or alley with a street, a triangular area where corners are defined by two points on the right-of-way line, fifteen feet on each side of the centerline of the driveway or alley and a point on centerline ten feet outside the right-of-way. D. Provision for Trees in Street Vision Triangle. 1. Single-stem canopy trees may be permitted in street vision triangles as described in this section, provided that mature trees do not significantly affect safe driving conditions and are maintained such that no canopy foliage exists below a height of ten feet above centerline of intersecting streets. 2. Trees which are located in the street vision triangle and which preexisted the adoption of this title may be allowed to remain, provided the trees are trimmed such that no limbs or foliage exist below a height of ten feet above centerline grades of intersecting streets. 119 119 18.50.100 Landscaping. A. Purpose and Intent. The process of development, with its alteration of the natural topography and vegetation and creation of impervious cover can have a negative effect on the ecological balance of an area by causing or accelerating the processes of runoff, erosion and sedimentation. The economic base of Bozeman can and should be protected through the preservation and enhancement of the area's unique natural beauty and environment. Recognizing that the general objectives of this chapter are to promote and protect the health, safety and welfare of the public, these landscaping regulations as part of this title are adopted for the following specific purposes: 1. To aid in stabilizing the environment's ecological balance by contributing to the process of air purification, oxygen regeneration, groundwater recharge and stormwater runoff retardation, while at the same time aiding in noise, glare and heat abatement; 2. To provide visual buffering between land uses of differing character; 3. To enhance the beauty of the zoning jurisdiction of the city; 4. To protect the character and stability of residential, business, institutional and industrial areas; 5. To preserve the value of land and buildings; and 6. To conserve energy. B. Interpretation and Scope. 1. The provisions of this section shall apply to a lot or site when an application is being made for: a. Site plan approval pursuant to Chapter 18.52; b. Signs pursuant to Chapter 18.65 where landscaping is required; c. Restoration of a building that has been damaged or destroyed by fire, explosion, flood, tornado, riot, act of the public enemy, or accident of any kind. For purposes of this paragraph, "restoration" means the act of putting back into a former or original state, only. 2. Not withstanding the application of subsection (B)(1) of this section, these provisions shall not apply to the following: a. Lots containing only single-family and/or residential duplex uses when located outside entryway corridors, except that such lots shall be subject to subsection (D)(5)(e) of this section; b. Lots or sites within an approved planned unit development which has been approved with its own landscape plan. However, these provisions shall be used as the basis for determining the landscaping plans for future planned unit developments and such planned unit development landscaping plans shall meet or exceed the standards of these landscape regulations; c. Lots or sites which are designed, reviewed and approved according to the deviation provisions specified in subsection F of this section. C. Definitions. 1. All words in this section shall be defined as provided herein and, if not defined herein, shall be defined as in the definition of terms of Chapter 18.04 of this title and, if not defined therein, shall be defined as in the current 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. 2. Words used in the present tense include the future tense; words used in the singular include the plural, and words used in the plural include the singular. The word "shall" is always mandatory. "Artificial lot" means an area within the building site that is delineated by the planning director for the sole purpose of satisfying the requirements of this section (see subsection (D)(1) of this section). 120 120 "Berm" means a mound of earth two to six feet high, planted with vegetative groundcover, with a slope not exceeding one foot of rise for each two feet of run. "Caliper" means the diameter of the trunk measured six inches above ground level up to and including four inch caliper size, and measured twelve inches above ground level if the measurement taken at six inches above ground level exceeds four inches. If a tree is of a multi-trunk variety, the caliper of the tree is the average caliper of all of its trunks. "Canopy tree" means a species of tree which normally bears crown foliage no lower than six feet above ground level upon maturity. "Enhanced pavement" means any permeable or nonpermeable decorative pavement material intended for pedestrian or vehicular use. Examples of enhanced pavement include brick or stone pavers, grass paver, exposed aggregate concrete, and stamped and stained covered pavement. "Evergreen tree or shrub" means a tree or shrub of a species which normally retains its leaves/needles throughout the year. "Groundcover" means natural mulch or plants of species which normally reach a height of less than two feet upon maturity, installed in such a manner so as to form a continuous cover over the ground. "Landscape architect" means a person licensed to practice landscape architecture in the state of Montana. "Landscaping" means at least seventy-five percent coverage of an area with natural grass, vegetative groundcover, or other natural living plant materials, the remainder of which is covered with nonvegatative decorative landscape design elements such as washed rock, lava rock, bark chips, and ornamental features such as pools, fountains, benches, etc. For purposes of this title, the term landscaping shall be considered to have the same meaning as the terms landscape, landscaped and landscaped area. "Large shrub" means a shrub which normally reaches a height of five feet or more upon maturity, and usually has five or more canes. "Large tree" means a tree of a species which normally reaches a height of twenty-five feet or more upon maturity, and usually has a single stem. "Lot" means: 1. A "lot" as defined in Section 18.04.910; and 2. An "artificial lot" as defined in this subsection. "Lot with residential adjacency" means any of the following: 1. A building site in a residential zoning district, if the site abuts or is directly across a public street or alley from an R-1, R-2, R-2a, R-3, R-3a, R-4 or R-O zoning district; 2. A building site in a nonresidential zoning district, if the site abuts or is directly across a public street or alley from an A-S, R-S, R-1, R-2, R-2a, R3, R-3a, R-4 or R-O zoning district; 3. An artificial lot in a residential district, if the lot is less than two hundred feet from an R-1, R-2, R-2a, R-3, R-3a, R-4 or R-O zoning district; 4. An artificial lot in a nonresidential zoning district, if the lot is less than two hundred feet from an A-S, R-S, R-1, R-2, R-2a, R-3, R-3a, R-4 or R-O zoning district. "Nonpermeable coverage" means coverage with nonpermeable pavement. "Nonpermeable pavement" means any pavement that is not "permeable pavement" as defined in this section. "Permeable pavement" means a paving material that permits water penetration to a soil depth of eighteen inches or more. Permeable pavement may consist of nonporous surface materials poured or laid in sections not exceeding one square foot in an area and collectively comprising less than two-thirds of the total surface area. "Screening" means a method of visually shielding or obscuring one abutting or nearby structure or use from another through the use of densely planted vegetation and/or berms. 121 121 "Small tree" means a tree of a species which normally reaches a height of less than twenty-five feet upon maturity. "Soil" means a medium in which plants will grow. D. General Landscaping Provisions. 1. Designation of Artificial Lot. a. All the lots and building sites described in subsection (B)(1) of this section shall be subject to landscaping provisions, however if a building site is over two acres in size, the applicant may request that the planning director create an artificial lot to satisfy the requirements of subsection D of this section. b. The planning director shall not create an artificial lot which would, in his/her opinion, violate the spirit of these landscape regulations. An artificial lot must: i. Wholly include the area on which the development is to occur; and ii. Have an area that does not exceed fifty percent of the area of the original site. 2. Platting Not Required for Artificial Lots. An artificial lot need not be platted, however it must be designated on plans approved by the planning director, development review committee, design review board, administrative design review staff, or city commission prior to the issuance of a building permit. 3. Landscape Plan Submission. a. Submittal with Site Plan Application. If these landscape regulations apply to a lot or site subject to plan review and approval outlined in Chapter 18.52, a separate landscape plan shall be submitted as part of the site plan application unless the required landscape information can be included in a clear and uncluttered manner on a one inch to twenty feet site plan. b. Landscape Plat Format. The landscape plan submittal shall include: i. Twenty blueline or blackline copies of the plan; ii. Maximum scale of one inch to twenty feet; iii. Standard drawing sheet of a size not to exceed twenty-four inches by thirty-six inches; a plan which cannot be drawn entirely on a twenty-four inch by thirty-six inch sheet must be drawn on two or more sheets, with match lines. c. Preparation of Landscape Plan. Landscape plans shall be prepared and certified by: i. A registered Montana landscape architect; ii. An individual with a degree in landscape design and two years of professional design experience; or iii. An individual with a degree in a related field (such as horticulture, botany, plant science, etc.) and at least five years of professional design experience. d. Contents of Landscape Plan. A landscape plan required pursuant to this title shall contain the following information: i. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan; ii. Location of existing boundary lines and dimensions of the lot, the zoning classification of the lot, and the zoning classification of adjacent properties. A vicinity map should also be attached on or made a part of the plan; iii. Approximate centerlines of existing water courses and the location of any one hundred-year floodplain; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, utility easements, utility lines, driveways, and sidewalks on the lot and/or adjacent to the lot. iv. Project name, street address, and lot and block description; v. Location, height and material of proposed screening and fencing (with berms to be delineated by one-foot contours); vi. Locations and dimensions of proposed landscape buffer strips; 122 122 vii. Complete landscape legend providing a description of plant materials shown on the plan, including typical symbols, names (common and botanical name), locations, quantities, container or caliper sizes at installation, heights, spread, and spacing. The location and type of all existing trees on the lot over six inches in caliper must be specifically indicated; viii. Complete description of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount (in square feet) of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces; ix. An indication of how existing healthy trees (if any) are to be retained and protected from damage during construction; x. Size, height, location, and material of proposed seating, lighting, planters, sculptures, and water features; xi. A description of proposed watering methods. xii. Location of visibility triangles on the lot (if applicable); xiii. Tabulation of "points" earned by the plan (see subsection (D)(6) of this section); xiv. Designated snow removal storage areas; xv. Complete description and details of pavement, curbs, sidewalks and gutters; xvi. Front and side elevations of buildings, fences and walls with height dimensions; xvii. Show location of existing and/or proposed drainage facilities which are to be used for drainage control; xviii. Existing and proposed grade; xix. Location, dimension (size and height) and use of existing and proposed buildings, fences and walls. Show open stairways and other projections from exterior building walls; xx. Table of landscape performance point totals as per subsection (D)(6) of this section. 4. Landscape Plan Review. a. The development review committee and, if required by this title, the administrative design review staff, the design review board and the city commission shall review each landscape plan to determine whether or not it complies with the requirements of this section. b. All landscape plans must comply with the mandatory landscape provisions in subsection (D)(5) of this section. c. In addition, all landscape plans must earn a minimum number of points as specified in subsection (D)(6) of this section. Points are awarded for specified landscape features and elements based upon their relative value or merit. The alternatives for achieving the minimum points needed for approval are provided in subsection (D)(6), Landscape Performance Standards, of this title. 5. Mandatory Landscaping Provisions. a. Yard Landscaping Required. For all uses in all districts, unless otherwise provided by specific approval through design review procedures, all front, side, and rear yards, exclusive of permitted access drives, parking lots, and accessory structures, shall be landscaped as defined herein. All landscaped areas shall be perpetually maintained in a healthy condition. b. Additional Screening Requirements. The DRB, ADR, DRC, and/or other approval authority may require additional screening when it is determined to be in the best interest of the affected properties. Such additional screening may be required between existing and/or future: i. Single-family and multifamily developments or apartment buildings; ii. Multifamily and multifamily developments or apartment buildings; iii. Residential and nonresidential uses; or iv. Nonresidential uses of differing character and/or intensity. c. Parking Lot Landscaping. 123 123 i. For purposes of defining parking lot landscaping requirements, the term "parking lot" means the area within the perimeter of the paved portion of the parking lot, including driving aisles but not including access drives. ii. All surface parking lots on the building site or artificial lot, whichever is applicable, shall be landscaped in accordance with the following paragraphs which describe landscaping requirements in addition, to the yard landscaping requirements for the site: (A) Parking Lot Screening Required. (1) All parking lots located on a lot with a residential adjacency must be screened from that residential adjacency. (2) All parking lots located between a principal structure and a public street, except in M-1 and M-2 districts, must be screened from the public street. (3) The screening required under paragraphs (1) and (2) above shall be not less than eight feet in width and shall be maintained at a height of four to six feet except as otherwise restricted by fence and hedge height limits within required front yards and site triangles. (B) Large canopy trees, large noncanopy trees or small trees must be provided in, or immediately adjacent to, all parking lots at a minimum average density of: (1) One large canopy tree; or (2) One large noncanopy tree and one small tree; or (3) Three small trees; for each nine parking spaces required or provided, whichever is greater. (C) No parking space may be located more than ninety feet from the trunk of a tree. (D) No tree may be planted closer than four feet to the paved portion of the parking lot. (E) Additionally, any parking lot providing fifteen or more parking spaces shall have a minimum of twenty square feet of landscape area within the parking lot for each off-street parking space in the lot provided as follows: (1) Wherever possible, the interior parking lot landscaping shall be designed to facilitate, control and denote proper vehicular circulation patterns. (2) Internal parking lot landscaping provided shall be proportionately dispersed so as to define aisles and limit unbroken rows of parking to a maximum of one hundred feet, with landscaped areas provided in an appropriate scale to the size of the parking lot. (3) The minimum width and/or length of any parking lot landscaped area shall be eight feet. (F) The above standards are minimum mandatory standards which may be superseded by the provisions of subsection (D)(6) of this section for receipt of performance standard points. d. Screening of Off-Street Loading Spaces. i. All off-street loading spaces on a lot with residential adjacency must be screened from that residential adjacency. ii. In all districts except M-1 and M-2 districts, all off-street loading spaces on a lot must be screened from all public streets adjacent to that lot. iii. The screening required under paragraphs i and ii must be at least six feet in height. e. Street Frontage Landscaping Required. i. Except in A-S and R-S districts, all street rights-of-way contiguous with the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways shall be landscaped as defined in this title and shall include, at a minimum, one large canopy tree for each fifty feet of street frontage. Acceptable large canopy shade trees for use in public rights-of-way include the following species: Ash, Summit Green (Fraxinus; pennsylvanica); Honeylocust, Seedless (Gleditsia triacanthos); Hackberry, Common (Celtis occidentalis); Linden, American (Tilia americana); Linden, Littleleaf (Tilia cordata); 124 124 Locust, Black (Robinia pseudoacacia); Maple, Norway (Acer platanoides); Maple, Schwedler (Acer platanoides "Schwedler"); Maple, Sugar (Acer saccharum); Mountain Ash, European (Sorbus aucaparia); Oak, Bur (Quercus macrocarpa); Walnut, Black (Juglans nigra). ii. Where it may be impractical or difficult to plant large canopy trees within the public right-of-way (due to the presence of overhead power lines, for instance) the requirement for one large canopy tree for each fifty feet of street frontage may be substituted with two small ornamental trees per fifty feet of street frontage. Acceptable small ornamental trees for use in public rights-of-way include the following species: Chokecherry, Amur (Prunus maackii); Crabapple, many species (malus spp.); Hawthorn (Crataegus spp.); Lilac, Japanese Tree (Syringa reticulata); Maple, Amur (Acer ginnala); Maple, Tatarian (Acer tataricum). iii. Tree species may be added to or deleted from the above lists upon recommendation of a tree advisory board duly appointed by the city commission. iv. The minimum quantity of trees and other landscaping required and provided in the public right-of-way as described herein shall be designed to complement on-site landscaping and to enhance the proposed development project and the streetscape. f. Street Median Island Landscaping. All street median islands approved through a plan review process shall be landscaped according to requirements determined through the plan review process. g. Acceptable Landscape Materials. i. Acceptable plant materials shall be those listed in General Selection Factors for Landscape Trees and Shrubs by Cooperative Extension Service, Montana State University, Circular No. 1280, October 1982. However, in the case of street frontage landscaping as required in subsection (D)(5)(e) above, acceptable tree species shall be limited to those listed therein. ii. No artificial plant materials may be used to satisfy the requirements of this chapter. iii. Plant materials used to satisfy the requirements of this chapter must comply with the following minimum size requirements at the time of installation (depending on the standard measuring technique for the species). (A) Large trees must have a minimum caliper of one and one-half inches to two inches, or a minimum height of ten feet. (B) Small trees must have a minimum caliper of one inch to one and one-half inches or a minimum height of eight feet. (C) Large evergreen shrubs must have a minimum height of two feet or, if of a spreading form, a minimum spread of two feet. iv. For purposes of subsection (5)(g)(iii) of this section, height is measured from the top of the root ball or, if the plant is in a container, from the top soil level in the container. h. Protection of Landscape Areas. i. Perimeter parking lot treatment as required in Section 18.50.120(B)(10) shall be installed to protect landscape areas adjacent to parking lots. ii. Landscape areas within parking lots (i.e., landscape islands or peninsulas) must be protected from vehicular traffic through the use of continuous concrete curbs, or other permanent barriers 125 125 approved by the director of public service. Railroad ties, rolled asphalt, pin down wheel stops or similar methods of curbing are not acceptable methods of landscape protection within parking lots. i. Irrigation Standards. i. Permanent irrigation systems shall be provided to all landscaped areas. The use of hose bibs on the exterior of existing or proposed structures is not an acceptable method of landscape irrigation unless the landscaped area is adjacent to the existing or proposed structure. ii. All irrigation systems and landscaped areas shall be designed, constructed and maintained so as to promote water conservation and prevent water overflow or seepage into the street, sidewalk or parking areas. j. Required Use of Trees. All landscape plans must include, for each yard with a residential adjacency, at least one of the performance standards in subsection (13)(6)(a)(iii) of this section that requires the use of one or more trees. 6. Landscape Performance Standards. In addition to complying with the mandatory landscape provisions in subsection (D)(5) of this section, all landscape plans must earn a minimum number of points as specified below. Points are awarded for specified landscape features and elements based upon their relative value or merit. The minimum number of points needed for landscape plan approval by Zoning district is as follows: The alternatives for achieving the minimum points needed for approval are provided below. a. Yard Landscaping Enhancement. An applicant may earn points under this subsection by enhancing mandatory yard landscaping as follows: Lot With Residential Lot Without Residential Zoning District Adjacency Adjacency All districts except B-1 and B-3 districts and PUDs 23 15 B-1 18 15 B-3 13 13 PUD Overlay districts Each Proposal within a planned unit development, overlay district, or seeking a deviation to landscaping requirements will be evaluated on the basis of the overall design excellence of the proposal with consideration to the points re- quired by the most applicable zoning district and applicable residential adjacency. i. Three points are awarded when the landscaped yard has a minimum average width five feet to ten feet greater than the minimum yard required by this title. Five points are awarded if the minimum average width is more than ten feet greater than the minimum yard required by this title. ii. Five points per yard (up to fifteen points maximum) are awarded when the landscaped yard contains one or more of the following groups of plant materials at a minimum average density of one group for each fifty linear feet of each landscaped yard: (A) One large canopy tree and one large noncanopy tree; (B) One large canopy tree and two small trees; (C) One large canopy tree and five evergreen shrubs; (D) One large canopy tree, one small tree, and two large evergreen shrubs; (E) Two large noncanopy trees, and one small tree. 126 126 iii. In the case of a lot with residential adjacency only, eight points are awarded for providing vegetative screening in the landscaped yard with residential adjacency in accordance with the following subparagraphs: (A) The screening must be of natural vegetation at least six feet in height; (B) The screening must extend along the entire length of the portion of the landscaped yard where a residential adjacency exists, exclusive of: (1) Public street frontage, (2) Driveways and accessways at points of ingress and egress to the lot, and (3) Visibility triangles; (C) However, no points are awarded for screening required by subsection (D)(5)(b) of this section unless the required screening is constructed of earthen berm or evergreen plant materials; (D) If screening is provided by an earthen berm or evergreen plant materials, the following additional regulations apply: (1) An earthen berm must be planted with groundcover. The earthen berm may not have a slope that exceeds one foot of rise for each two feet of run and must be at least four feet high, including planting materials, subject to front yard and site triangle height limitations. (2) Evergreen plant materials must: (a) Be located in a bed that is at least three feet wide, (b) Be placed a maximum of forty-eight inches on center over the entire length of the bed unless an alternative planting density that a landscape architect certifies as being capable of providing a solid appearance within three years is approved, and (c) Provide a visual barrier of the required height within three years of their initial planting. b. Parking Lot Landscaping. i. Ten points are awarded when all surface parking lots, as defined in subsection (D)(5)(c) of this section on the building site or artificial lot, whichever is applicable, are landscaped in accordance with all of the following paragraphs: (A) A minimum of twenty square feet of landscape area must be provided in the parking lot for each required off-street parking space in the lot; (B) The parking lot must contain one of the plant groups from subsection (D)(6)(a)(ii) of this section at an average density of one group, plus an additional one large canopy tree, for each required sixteen parking spaces; (C) No required parking space may be located more than seventy feet from the trunk of a large canopy tree. c. Special Amenities. i. Pedestrian facilities. One point is awarded for each one percent increment of lot area covered by publicly accessible special pedestrian facilities and features such as plazas, courtyards, covered walkways, fountains, lakes, streams and ponds, seating areas, and outdoor recreation facilities, up to a maximum of five points. E. Landscaping of Public Lands. Maintenance of landscaping installed within the boulevard portion of the public right-of-way, with the exception of tree trimming and tree removal, shall be the responsibility of adjacent property owners. The city shall accept responsibility for the maintenance of all other required landscaping installed in accordance with approved site plans within the public right-of-way or on other public lands. F. Deviation From Landscaping Requirements. 1. To achieve the optimal landscape design on individual sites or to coordinate the landscape design in an area, it may be necessary to deviate from the strict application of landscaping requirements. An application for such deviation shall be processed through the pertinent design review authority and approved by the city commission. 127 127 2. The application for deviation shall be subject to the submittal and procedural requirements of Chapter 18.52, Plan Review and Approval, and shall be accompanied by written and graphic material sufficient to illustrate the conditions that the modified standards will produce, so as to enable the city commission to determine that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards, and will be consistent with the intent and purpose of this chapter. Upon such a finding, the city commission may authorize deviations of up to twenty percent from landscape design standards contained herein. G. Landscaping Completion. All landscaping must be completed or improvements secured in accordance with the provisions of Chapter 18.62. H. General Maintenance. 1. Required landscaping must be maintained in a healthy, growing condition at all times. The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning, and other maintenance of all plantings as needed. Any plant that dies must be replaced with another living plant that complies with the approved landscape plan. Failure to maintain required landscaping in a healthy growing condition at all times may result in revocation of an occupancy permit. When enforcing this provision of this title, external factors such as seasonality and availability of landscape stock shall be considered before any action to revoke an occupancy permit is taken. 2. Any damage to utility lines resulting from the negligence of the property owner or his agents or employees in the installation and maintenance of required landscaping in a utility easement is the responsibility of the property owner. If a public utility disturbs a landscaped area in a utility easement, it shall make every reasonable effort to preserve the landscaping materials and return them to their prior locations after the utility work. If, nonetheless, some plant materials die, it is the obligation of the property owner to replace the plant materials. 18.50.110 Property frontage and drive access standards. A. Public Street Frontage Required. Except as otherwise allowed or required by this title, no lot shall be created unless such lot abuts for at least twenty-five feet on a public street, and every building hereafter erected or moved shall be on a lot adjacent to an improved public street, with at least twenty-five feet of frontage as described above. B. Drive Access From Improved Public Street or Alley Required. 1. Except as otherwise allowed or required by this title, primary drive access to buildings on all lots shall be provided from the abutting improved public street or alley. 2. For purposes of this code, "improved public street or alley" means and includes: a. Any street or alley within the city constructed to a standard which meets or exceeds standards established by the city engineering department; b. Constructed public streets which may not meet current city standards but which are constructed to a standard which has historically provided an adequate level of service to adjacent properties, which level of service would not be degraded as a result of a pending development proposal. C. Drive Access Requirements. 1. Drive accesses, taking primary access from an improved public street as defined above, are required for commercial parking lots and parking lots for residential developments of four or more dwelling units. Parking lots for residential developments of three or fewer dwelling units may take primary access from an improved public street or improved public alley as defined in subsection (B)(2) of this section with access provided according to the provisions of Section 18.50.120(A)(5). 128 128 2. All drive accesses installed, altered, changed, replaced or extended after the effective date of the ordinance codified in this chapter shall comply with the following requirements: a. Residential drive access openings shall conform to the following criteria: i. Single-family drive access openings shall not exceed twenty-four feet in width measured at the right-of-way line and thirty feet in width measured at the curb line. All residential complexes for fewer than four families are considered single-family residences for the purpose of this section. ii. Residential complexes with four or more dwelling units shall be considered commercial (nonresidential) establishments for the purpose of this section, except that separated parking facilities for individual townhouse units shall be considered the same as single-family parking facilities. b. Nonresidential drive access openings shall conform to the following criteria: i. Commercial drive access widths shall be a maximum of thirty-five feet measured at the inside edge of the drive access extended, at its intersection with the projected curb line of the intersecting street. Two-way drive access shall be a minimum of twenty-four feet and one-way drive access shall be a minimum of sixteen feet; ii. Industrial drive access widths shall be a maximum of forty feet measured at the inside edge of the drive access extended, at its intersection with the projected curb line of the intersecting street. Two-way drive accesses shall be a minimum of twenty-four feet and one-way drive accesses shall be a minimum of sixteen feet; c. Drive accesses for all multiple tenant commercial buildings or complexes/centers, or industrial drive accesses shall be set back a minimum of fifteen feet from the adjacent property line unless such drive access is approved as a shared drive access; d. Drive accesses to drive-in theaters, stadiums, racetracks, funeral homes, or uses generating very heavy periodic traffic conflicts shall be located not closer than two hundred feet to any pedestrian or vehicular entrance or exit to a school, college, university, church, hospital, public emergency shelter or other place of public assembly; e. All commercial and industrial drive accesses on arterial streets shall have fifteen-foot return radii unless otherwise approved by the director of public service. All commercial and industrial drive accesses on other streets may have either return radii or depressed curbs. The minimum radius allowed is four feet. D. Distance from Intersection. Driveway access distance from street intersections for all lots created after the effective date of the ordinance codified in this title shall be subject to the following minimum dimensions, unless otherwise approved by the director of public service as part of an approved site plan. Driveway Access Located on Collector Streets Driveway Access Located on Arterial Streets Distances from Intersection Distances from Intersection Nearest Intersecting Street In Res. Dist. In Comm/ Ind. Dist. In Res. Dist. In Comm/ Ind. Dist. Arterial 100= 150= 150= 200' Collector 40= 150= 150= 150= Local 40= 100= 100= 150= Note: All distances shall be measured from the inside edge of the drive access, extended at its intersection with the projected curb line of the intersecting street. 129 129 E. Drive Access Spacing. The distance between drive accesses on a public street, except for single-family dwellings, as defined above, shall be measured from inside of drive to inside of drive according to the following specified distances, unless otherwise approved by the director of public service as part of an approved site plan. Driveway Access Located on Collector Streets Driveway Access Located on Arterial Streets Average Spacing Res. Dist. Comm/ Ind. Dist. Res. Dist. Comm/ Ind. Dist. Partial Access* 60= 80= 80= 150' Full Access** 100= 150= 100= 150= Minimum Separation 60= 80= 60= 100= Notes: * Partial access includes right turn in and out only. ** Full access allows all turn movements, in and out F. Number and Location of Drive Accesses. 1. Single-family uses shall be limited to one drive access per street face, except on properties abutting arterial streets in which case circular driveways, or driveways facilitating the turning of automobiles on-site, shall be required. Circular driveways with two openings on a single street frontage may be permitted in A-S and R-S zoning districts. 2. Notwithstanding any other provisions of this title, drive accesses may not be located closer than eight feet to any side property line, unless shared access with the adjoining property is approved. G. Shared Drive Access. The city desires and encourages sharing access drives between separate parcels. H. Access Approval Required. All drive accesses shall be approved by the director of public service for width and location. 1. Deviations from Property Access Standards. a. Some of the standards listed in subsections C through F of this section, may be relaxed if it is shown during the site plan review process that more efficient design can be accomplished without jeopardizing the public's health, safety and welfare. b. Deviations from access standards shall be approved at the discretion of the public service director. c. Commercial developments (including residential complexes for four or more families) which may not be able to meet the requirements of subsections C through F of Section 18.50.120, and are requesting deviations from the standards, shall submit to the director of public service a report certified by a professional engineer addressing the following site conditions, both present and future: i. Traffic volumes; ii. Turning movements; iii. Traffic controls; iv. Site design; v. Sight distances; vi. Location and alignment of other access points. d. Based upon the above data, the director of public service shall determine whether a deviation from the required standards is justified and, if so, what alternative requirements will be necessary. 130 130 18.50.120 Parking requirements. A. General Provisions. 1. Floor Area. a. The term "floor area," for the purpose of calculating the number of off-street parking spaces required, shall mean the "gross floor area," measured on the basis of the exterior-area dimensions of the building, minus the following: i. Window display areas; ii. Storage areas; iii. Areas used for incidental repair of equipment used or sold on the premises; iv. Areas occupied by toilets and restrooms; v. Areas occupied by public utility facilities; vi. Areas occupied by dressing rooms, fitting or alteration rooms incidental to the sale of clothing; vii. Areas occupied by stairways and elevators; viii. Corridors connecting rooms or suites of rooms: Provided, however, at the election of the owner thereof, floor area shall mean eighty-five percent of the gross floor area of the building (without deduction of exceptions subsections (A)(1)(a) set above). Such election shall be made in writing to the planning director, shall be signed and acknowledged by the owner and shall be filed with the planning director prior to the issuance of a building permit for such building. The owner shall also be responsible for certifying other information upon which parking requirements may be based, such as seats, and the number of employees on maximum working shift. b. Where applicable, the number of spaces required in subsection F of this section will be the total of the spaces required for the component activities of certain uses, each calculated separately. 2. Change of Use or Occupancy of Buildings. With any change of use or occupancy of any building or buildings, including additions to buildings, that may require more parking, an occupancy permit is required and shall not be issued until such additional parking spaces, as required by this title, are furnished. B. Stall, Aisle and Driveway Design. 1. Parking Dimensions. The following shall be the minimum parking space dimensions: Angle Width1 Length Aisle Width Standard Disabled Compact5 Standard Disabled Compact5 90 9= 13= 8= 18/20=2 18/20=2 16= 26=3 60 9= 13= 8= 18/20= 18/20= 16= 18/234 45 9= 13= 8= 18/20= 18/20= 16= 15/234 Notes: 1. As measured by a line perpendicular to the stall line at a point on the outside end of the stall, except when the stall is on the inside edge of a curve, in which case the point of measurement shall be on the inside end of the stall. 2. Eighteen feet if measured from a curb on the inside edge of the stall; twenty feet if measured from a painted line on the inside edge of the stall. Stall length variations are subject to approval by the planning and zoning commission. 3. For ninety-degree parking, aisles are two-way; 4. First number refers to one-way traffic; second number to two-way traffic. If the aisle is needed as a fire lane, a twenty-foot minimum is required. 131 131 5. Unless otherwise approved, all parking spaces shall be of standard width and length. In any parking facility containing twenty or more parking spaces, a maximum of twenty-five percent of the required parking spaces may be reduced in size for small cars, provided these spaces shall be clearly identified with a sign permanently affixed immediately in front of each space containing the notation, "Compacts Only." Where feasible, all small car spaces shall be located in one or more contiguous areas and/or adjacent to ingress-egress points within parking facilities. Location of compact car parking spaces shall not create traffic congestion or impede traffic flows. 2. Within Structures. a. The off-street parking requirements may be furnished by providing spaces so designed within the principal building or accessory parking structure; however, no building permit shall be used to convert the parking structures into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this title. b. All parking structures or portions of structures used for parking shall meet applicable Uniform Building and Fire Code requirements. 3. Exceptions to These Parking Requirements. Because some situations (i.e., existing lots which have no landscaping, irregular lots, lots with topographic difficulties, etc.) would benefit from an alternative to the required maximum parking areas; because the community's appearance could benefit from additional landscaping, streetscaping and sculptural elements; and because parking exceptions and/or landscaping would encourage development within existing city boundaries; the following alternatives may be permitted: These alternatives may be proposed by the developer for review by the ADR staff. Such proposals may be approved based on a determination that such alternatives meet the following requirements and will not create a congested on-street parking situation in the vicinity of the proposal. a. Neighborhood Conservation Overlay District. Except in the B-3 district, parking requirements in neighborhood conservation overlay districts will be governed by Chapter 18.42 of this title. Generally, parking and access drives should not have an adverse effect on any existing elements which contribute to the character of the neighborhoods. Common driveways, single-car garages, and landscaped yards and boulevards may be some of the important elements to retain. The procedures outlined in Chapter 18.42 may be used to define all parking requirements. b. Landscaping in Lieu of Parking. Except in the B-3 district, property owners have the option of requesting the deletion of up to five required spaces or ten percent of the required parking spaces, whichever is less, if three hundred fifty square feet of landscaping, trees, streetscaping or sculptural elements (not signage) is installed on the property for each space so deleted. This shall not decrease the amount of landscaping that would have been required with full parking, but shall be in addition to such landscaping. This option shall be approved by the ADR staff. These improvements must be placed in the public right-of-way or yards directly facing the right-of-way. c. Exceptions and Modifications to Parking Requirements in B-3 District. Where all or part of the required parking spaces cannot be provided for a proposed use in the B-3 District, either through ownership or lease of the necessary land, the petitioner may satisfy the parking requirements by providing an equivalent cash-in-lieu payment according to the following provisions: i. No building permit shall be issued, nor shall any use of property be initiated unless a satisfactory cash-in-lieu payment is received by the department of finance. ii. The parking commission shall review and consider all requests for cash-in-lieu payments and furnish a written and dated certificate, signed by the parking commission chairman, authorizing cash-in-lieu payments. A copy of this certificate shall be presented to the chief building official and zoning administrator before a building permit is issued or the use instituted. 132 132 iii. For each required parking space not provided, an appropriate payment shall be made to the city finance director as specified by city commission resolution. iv. All funds received under the provisions of this chapter shall be deposited in an interest-bearing account and unless otherwise directed by the city commission, shall be used for the acquisition of additional parking facilities and for the renovation and resurfacing of same. v. The cash-in-lieu fee may be revised, at the discretion of the city commission, upon the recommendation of the parking commission, to reflect changing market values. vi. All real property assessed by special improvement district (SID) No. 565, or other similarly adopted improvement districts designed to provide additional parking spaces within the B-3 district, shall not be required to provide additional parking spaces beyond those required at the time of the SID adoption, provided the use of the real property and improvements remains unchanged from the initial assessments of SID No. 565, or other similarly adopted improvement districts. In the event that a new use or an expansion is initiated on any portion of real property or improvements subsequent to the assessments for SID No. 565 or other similarly adopted improvement districts, then parking space requirements shall be satisfied prior to initiation of those new or expanded uses. 4. Circulation Between Bays. Except in the case of one to three-family dwellings and individual townhouse units, parking areas shall be designed so that circulation between parking bays occurs within the designated parking lot and does not depend upon a public street or alley. 5. Backing into Public Right-of-Ways. Except in the case of one to three-family dwellings and individual townhouse units, parking area design which requires backing into the public street or alley is prohibited. In all cases where backing occurs, the required aisle width shall be provided. The aisle width calculation may incorporate the width of the public right-of-way. 6. Parallel Parking Spaces. Parallel parking spaces shall be a minimum of twenty-four feet in length. 7. Surfacing. Except for single-family development on individual lots, all areas intended to be utilized for permanent parking space and driveways shall be paved with concrete or asphaltic concrete, or approved pavers, to control dust and drainage. All proposed parking areas and driveway improvements shall require a grading and drainage plan approved by the director of public service. However, paving shall not be required for permitted and conditional uses in the A-S and R-S zoning districts when all of the following circumstances exist: a. The use is required to provide fewer than fifteen parking spaces and no loading spaces under the provisions of this section; b. The lot or tract on which the use is located is not adjacent to a paved street or road; and c. The applicant shall enter into an improvements agreement with the city agreeing that the lot shall be paved within nine months of the time an adjacent roadway is paved. 8. Striping. Except for one to three-family dwellings and individual townhouse units, all parking stalls shall be marked with painted lines not less than four inches wide. 9. Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light down and/or away from adjoining property, abutting residential uses and public rights-of-way, and shall be in compliance with the lighting restrictions in Section 18.50.135. 10. Signs. No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking area. All signs shall conform to the requirements of Chapter 18.65. 11. Parking Lot Curbing. a. Except for individual townhouse units and one to three-family dwellings, all open off-street parking areas and driveways shall have a six inch by six inch perimeter concrete curb around the 133 133 entire parking lot, including driving access ways. Continuous concrete curbing shall be built according to standards provided by the director of public service. b. Concrete pin-down wheel stops may be permitted as an alternative to continuous concrete curbing in front of parking spaces which front on the perimeter of the parking lot. However, continuous concrete curbing as described above shall be provided in all situations where deemed necessary by the director of public service to control drainage and soil erosion. c. Alternative perimeter treatment may be permitted adjacent to snow storage areas subject to the approval of the director of public service. d. Requirements for perimeter curbing shall not preclude opportunities for shared access between adjacent parking lots. 12. Protruding Vehicles. All on-site parking stalls which abut property lines shall be designed and constructed such that parked vehicles shall not protrude over property lines. 13. Pedestrian Facilities in Parking Lots. Concrete sidewalks a minimum of three feet in width shall be provided between any existing or proposed building and adjacent parking lot. Where sidewalk curbs serve as wheel stops, an additional two feet of sidewalk width is required. 14. 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 city engineering department, or in compliance with any adopted storm drainage ordinance. 15. Parking and Stacking for Drive-In/Drive Through Facilities. Required parking and stacking spaces for waiting automobiles shall be determined by the DRC and shall not in any manner inhibit onsite or off-site vehicular circulation. 16. Ownership/Leasehold. Required parking lots shall be owned or leased by the owner or lessee of the building or use being served by such parking. Such parking lots shall be maintained as a parking lot so long as the building and/or use served is in operation or until another approved parking area is established for such building or use. 17. Storm Water Drainage. Storm water drainage from parking lots shall be directed into landscaped detention/retention facilities and water quality improvement facilities as required by the city engineering department, or in compliance with any adopted storm drainage ordinance. C. Maintenance. It shall be the joint and separate responsibility of the lessee and owner of the principal use, uses or building to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping and required fences or screening. D. Use of Required Parking Areas for Parking Only. Required off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles, except when permitted as a temporary use. E. Parking Spaces Identified and Maintained. All residential occupancies shall provide required off-street parking spaces. When enclosing a carport or garage for storage or living purposes, an affidavit shall be submitted to the planning director identifying the required parking spaces necessary to comply with subsection (F)(1) below. F. Number of Spaces Required. The following minimum number of off-street, paved parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth: 1. Residential Uses. Dwelling Types Off-Street Parking Spaces Required 134 134 With On-Street Parking (Spaces/Unit) Without On-Street Parking (Spaces/Unit) Single-Family 2.00 3.00 Mobile Homes 2.00 3.00 Two-Family 2.00 3.00 Three-Family 2.25 2.25 Four-Family 2.25 2.25 Townhouse 2.00 2.25 Apartments 2.00 2.20 Group homes and community residential facilities 1 space per potential guest room 1 space per potential guest room Efficiency unit 1.25 1.25 Bed and breakfast 1.00 space/rental unit 1.00 space/rental unit Lodginghouse 1.25 1.25 All site plans submitted for permit purposes shall identify parking space allocations. 2. Non-Residential Uses. Use Type Off-Street or Off-Road Parking Spaces Required Automobile sales 1 space per 200 square feet of indoor floor area, plus 1 spaces per 20 outdoor vehicle display spaces Automobile service station 2 spaces per service stall, but no less than 4 spaces Automobile washing establishment -Automatic drive-through -Self-service 3 spaces or 1 for each employee on maximum shift, plus stacking space 2 spaces per stall not including washing or drying spaces Bank, financial institutions 1 space per 300 square feet Bowling alley 4 spaces per alley, plus 2 spaces per billiard table, plus 1 space per each 5 visitor gallery seats Church 1 space per 4 seats or 6 linear feet of space in each building based upon design capacity of main assembly hall; Public assembly areas, recreational buildings - 1 per 200 square feet; Classroom - 1 space per 4 seats Community or recreation center 1 space per 200 square feet of floor area Dancehalls, skating rinks or similar uses 1 space per 300 square feet of floor area Court clubs (racquetball, handball, tennis) 1 space per 200 square feet of floor area, plus 3 spaces per court Day care centers 1 space per 200 square feet of floor area Elderly (senior citizens) housing 1 space per unit 135 135 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 Use Type Off-Street or Off-Road Parking Spaces Required Hospitals 1 space per bed Medical and dental offices 4 spaces for each full time equivalent doctor or dentist, plus 1 space for each full time equivalent employee Manufacturing and industrial uses 1 space per 1,000 square feet of floor area, plus 1 space per 2 employees on maximum working shifts Motels, Hotels -Restaurants, bars, dining rooms-Commercial area -Public assembly areas 1.1 spaces per each guest room, plus 1 space per employee on maximum shift, plus spaces for accessory uses as follows: 1 space per sixty square feet 1 space per each 400 square feet of floor area1 space for each 5 seats based upon design capacity, except that Total off-street or off-road parking for public assembly may be reduced by 1 space for every 4 guest room 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 with a minimum of 4 Outdoor sales (plant nurseries, building materials, equipment rental and similar) 1 space per 500 square feet of sales and/or display area. The size of the sales and/or display area shall be determined on a case by case basis. Restaurants, cafes, bars and similar uses 1 space per 50 square feet of indoor public serving area, plus 1 space per 100 square feet of outdoor (patio) area Retail store and service establishments 1 space per 300 square feet of floor area Sales sites; model homes 1 space per 150 square feet of model floor areas; plus 1 space per employee Schools -Elementary and/or Junior high -Senior High 1.5 spaces for each classroom, library, lecture hall and cafeteria, plus 1 space per each 3 fixed seats in the in area of public assembly, or 1 space for each 21 square feet of area available for public assembly if fixed seats are not provided. 1.5 spaces for each classroom or lecture hall, plus 1 space per each 5 students, plus 1 space for each non-teaching employee, plus 1 space per each 3 fixed seats in the area of public assembly, or 1 space per 21 square feet of area available for public assembly 136 136 -Business or similar school if fixed seats are not provided. 1 space for each 1.25 students Theater, Auditorium or similar 1 space per 4 seats based upon place of assembly design capacity Warehousing, storage or handling of bulk goods 1 space per 1,000 square feet of floor area devoted to storage of goods, plus: appropriate spaces to support accessory office or retail sales facilities at one space per 300 square feet of floor area 3. Disabled Accessible Parking Spaces. a. Disabled parking spaces shall be provided subject to federal standards enumerated in the Americans with Disabilities Act (ADA) dated January 26, 1992, and Federal Standard 795, (Uniform Federal Accessibility Standards) dated April 1, 1988, Chapter 4 (Accessible Elements and Spaces: Scope and Technical Requirements). b. All parking lots and facilities shall be subject to current Uniform Building Code guidelines for accessibility, and shall contain a minimum number of disabled accessible parking spaces as set forth in the table below: Total Parking in Lot Required Minimum Number of Accessible Spaces 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1000 2 percent of total 1001 and over 20 plus 1 for each 100 over 1000 One in every eight accessible spaces shall have an aisle eight feet wide (rather than five feet) and shall be signed "van accessible." Accessible spaces shall be located as near as practical to a primary entrance(s) and shall be designated as those spaces closest to the primary entrance(s) to a facility. Parking spaces and access aisles shall be level with slopes not exceeding 1:50 in all directions and shall be maintained in an ice and snow free condition. The minimum number of accessible parking spaces shall be in addition to any required parking spaces. c. All accessible parking spaces shall be designated as reserved for the disabled by a sign showing the symbol of accessibility at each space. Such signs shall not be obscured by a vehicle parked in the space. Signs and symbols painted on the pavement as the only means of identification, do not meet this requirement. 137 137 Raised signs shall be located at a distance no greater than five feet from the front of each accessible space and shall be subject to review and approval by the planning department. d. Provision of an accessible path of travel from each disabled accessible parking space to the entrance of the facility shall include ramped access where necessary and an unencumbered minimum three-foot wide walk, sidewalk or ramps. The accessible path of travel shall be paved, smooth surface, free of defects or design features that would restrict, inhibit or unreasonably impede the movement of a physically disabled individual. The least possible slope shall be used for any ramp. The maximum slope of a ramp in new construction shall be 1: 12, cross slopes shall not exceed one-quarter inch per foot. The maximum rise for any run shall be thirty inches (seven hundred sixty millimeters). e. Exceptions: i. Group R occupancies containing three or less dwelling units or congregate residences accommodating ten persons or less. G. Joint Use of Parking Facilities. 1. Up to eighty percent of the parking facilities required by this subsection for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities by the following daytime uses: banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale and similar uses. 2. Other joint use of parking by adjacent commercial uses to reduce total parking spaces may be allowed with an approved parking study submitted by a registered professional engineer, architect or landscape architect. 3. Conditions Required for Joint Use. a. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within one thousand feet of such parking facilities. b. The applicant shall show that there is no substantial conflict in the operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed. c. A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the city attorney, shall be filed with the clerk of the commission and recorded with the county clerk and recorder. H. Off-Site Parking. 1. Any off-site parking which is used to meet the requirements of this title shall be reviewed by the planning director for compliance with this title and shall be subject to the conditions listed below. a. Off-site parking shall be developed and maintained in compliance with all requirements and standards of this title; b. Reasonable access from off-site parking facilities to the use being served shall be provided; c. The site used for meeting the off-site parking requirements of this title shall be under the same ownership as the principal use being served, under public ownership, or shall have guaranteed permanent use by virtue of a perpetual lease filed with the clerk of the commission and the county clerk and recorder; d. Off-site parking for single-family and two-family dwellings shall not be permitted; e. Off-site parking for multiple-family dwellings shall not be located more than one hundred feet from any commonly used entrance of the principal use served; f. Off-site parking for nonresidential uses shall not be located more than four hundred feet from the commonly used entrance of the principal use and shall not be located in residential districts; 138 138 g. Any use which depends upon off-site parking to meet the requirements of this title shall maintain ownership or provide evidence of a long-term irrevocable lease agreement, running in perpetuity with the existence of the designated use, for parking utilization of the off-site location. I. Improvement Schedule. All parking area improvements to include surfacing, drainage, walkways, lighting, landscaping, screening, traffic control, etc. shall be installed according to the provisions of Chapter 18.62. J. Stacking of Off-Street Parking Spaces. Required parking spaces shall be located so as to preclude stacking of off-street parking spaces, with the exception of single-family dwellings and individual townhouse units, and duplexes with physically separated individual driveways. K. No Parking Permitted in Required Front or Side Yards. Required parking spaces shall not be located in any required front or side yard, except that detached single-family dwellings and townhouses, and duplexes with physically separated individual driveways, may have one space located within a driveway area in the required front yard. 18.50.130 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 fifteen thousand square feet or more shall provide off-street truck loading or unloading berths in accordance with the following table: Square Feet of Aggregate Gross Floor Area Devoted to Such Use Required Number of Berths 15,000 sq. ft. up to and inc. 40,000 sq. ft. 1 40,001 sq. ft. up to and inc. 100,000 sq. ft. 2 100,001 sq. ft. up to and inc. 160,000 sq. ft. 3 160,001 sq. ft. up to and inc. 240,000 sq. ft. 4 240,001 sq. ft. up to and inc. 320,000 sq. ft. 5 320,001 sq. ft. up to and inc. 400,000 sq. ft. 6 400,001 sq. ft up to and inc. 490,000 sq. ft. 7 For each additional 100,000 sq. ft. 1 additional Any office building one hundred thousand square feet or larger shall have at least one off-street loading berth. 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 seventy feet in length. Additional berths required shall be at least forty-five 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 twenty-five feet in length. All loading berths shall be at least twelve feet in width and fourteen 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 fifty feet to any lot in any residential zone unless separated from such zone, except at the accesses, by screening not less than eight feet in height. 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. 139 139 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. If the loading area is illuminated, lighting shall be deflected down and/or away from abutting residential sites so as to cause no annoying glare. 8. No regular repair work or servicing of vehicles shall be conducted in a loading area. 9. Off-street loading facilities shall be located on the same site with the use for which the berths are required. 10. 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. 11. Off-street loading facilities for a single use shall not be considered as providing required off-street loading facilities for any other use. 12. 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 off-street loading berth requirements subject to the provisions of Chapter 18.62. The 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. 13. Space allocated to any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facility. 18.50.140 Special temporary use permit. A. Generally. Uses permitted subject to a special temporary use permit are those temporary uses which are required for the proper function of the community or are temporarily required in the process of establishing a permitted use, or constructing a public facility. Such uses shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the community. Uses permitted subject to a special temporary use permit may include: 1. Carnivals, circuses, special events of not over seventy-two consecutive hours; 2. Tent revival meetings; 3. Swap meets; 4. Such other uses as the planning director may deem to be within the intent and purpose of this section. B. Application and Filing Fee. Application for a special temporary use permit may be made by a property owner or his authorized agent. Such application shall be filed with the planning director who shall charge and collect a filing fee for each such application, as provided in Chapter 18.62. The Planning Director may also require any information deemed necessary to support the approval of a special temporary use permit, including site plans as per Chapter 18.52. C. Decision. Application for a special temporary use permit shall be reviewed by the planning director who shall approve, conditionally approve, or disapprove such application. Approval or conditional approval shall be given only when in the judgment of the planning director such approval is within the intent and purposes of this chapter. Any person aggrieved by the decision of the planning director may file an appeal within fifteen days of such decision with the city commission pursuant to Chapter 18.56. 140 140 D. Conditions. In approving such a permit, the approval shall be made subject to a time limit and other conditions deemed necessary to assure that there will be no adverse effect upon adjacent properties. Such conditions may include the following: 1 . Regulation of parking; 2. Regulation of hours; 3. Regulation of noise; 4. Regulation of lights; 5. Requirement of bonds or other guarantees for cleanup or removal of structure or equipment, 6. Such other conditions deemed necessary to carry out the intent and purpose of this section. 18.50.150 Home occupations. A. Generally. A home occupation is a use that is considered accessory to a dwelling unit. A home occupation shall be carried on by one or more persons, all of whom reside within the dwelling unit, and where no more than one person is employed on more than a half-time basis other than resident and domestic help. The use shall be clearly incidental and secondary to the use of the dwelling for residence purposes and shall not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part. There shall be no outside storage of any kind; any indoor storage, constriction, alterations, or electrical or mechanical equipment used, shall not change the fire rating of the structure. The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. It shall not cause an increase in the use of one or more utilities (water, sewer or garbage) so that the combined total use for dwelling and home occupation purposes of one or more utilities exceeds the average for residences in the neighborhood. When a use is a home occupation, it means that the owner, lessee, or other persons who have a legal right to the use of the dwelling unit also have the vested right to conduct the home occupation without securing special permission to do so. However, such person shall be subject to all conditions set forth in this title, such as off-street parking, and to all other permits required by the city, such as building permits and business licenses, and shall consult with city officials before establishing such home occupation. B. Purpose of provisions. It is in the intent of this section to eliminate as home occupations all uses except those that conform to the standards set forth in this section. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence with the exception of permitted signage as allowed by Chapter 65. The standards for home occupations included in this section are intended to insure compatibility with other permitted uses and with the residential character of the neighborhood. A clearly secondary or incidental status in relation to the residential use of the main building is the criteria for determining whether a proposed accessory use qualifies as a home occupation. C. Necessary Conditions. Home occupations are permitted accessory uses in residential districts only so long as all the following conditions are observed: 1. Such occupation shall be conducted solely by resident occupants in their residence with not more than one half-time nonresident employee; 2. No more than twenty-five percent of the gross area of all structures shall he used for such purpose; 3. No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure; 4. No home occupation shall cause an increase in the use of any one or more utilities (water, sewer, garbage, etc.) so that the combined total use for dwelling and home occupation purposes exceeds the average for residences in the neighborhood; 5. There shall be no outside storage of any kind related to the home occupation; 141 141 6. The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time; 7. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists. D. Complaints. Complaints by citizens of Bozeman may be cause for termination of the home occupation. However, should such complaint be filed, the operator is entitled to an appeal to the city commission for a public hearing. The city commission shall determine whether or not the filed complaint identifies sufficient violation of this title to warrant termination or modification of the home occupation. E. Examples of the Uses that Frequently Qualify as Home Occupations. The following are examples of uses which can typically be conducted within the limits of the restrictions established in this section and thereby may qualify as home occupations. Uses which may qualify as home occupations are not limited to those named in this subsection (nor does the listing of a use in this subsection automatically qualify as a home occupation): accountant; architect; artist; attorney-at-law; author, consultant; dressmaking, individual musical instrument instruction; individual tutoring; insurance; millinery; and realtor. F. Uses That Are Prohibited. The following uses, by the nature of the investment of operation, have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residential purposes. Therefore, the following uses shall not be permitted as home occupations: auto repair, minor or major, barbershop; carpentry work; contractor's offices, unless no construction activity or storage of materials and/or equipment occurs at the residence; dance instruction; dental offices; medical offices; painting of vehicles, trailers, or boats; private schools with organized classes; radio repair, television repair, upholstering; beauty salons. G. Home Occupation Procedures. 1. Notice of Intent to Operate a Home Occupation. Any individual applying for a business license with the intent of operating the business from his/her home, shall acknowledge by signature his/her understanding of the requirements and conditions of Chapter 18.50 of this title. 2. Appeal to City Commission. Any person may appeal the planning director's action to the board of adjustment within fifteen days as per Chapter 18.56. 18.50.160 Nonconforming uses and structures. A. Any structure or use lawfully existing upon the effective date of the ordinance codified in this title may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified, or in the case of signage as specified in Chapter 18.65. B. The right to operate and maintain a nonconforming use shall terminate when the structure or structures housing such use are removed, razed or damaged to an extent of fifty percent of the structure's fair market value as determined by the last equalized assessment role of the county. However, in the event of damage by fire, wind, earthquake or other act of God to the extent described above, said structure or structures and the nonconforming use or uses housed therein may be reestablished through a conditional use permit procedure as set forth in Chapter 18.53. C. When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use. D. Whenever a lawful nonconforming use of a building or structure or land is discontinued for a period of ninety days, any future use of the building or structure or land shall be in conformity with the provisions of this title. 142 142 E. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary structural repairs provided such structural repairs do not enlarge or intensify the nonconforming use. F. 1. A lawful nonconforming use shall not be changed except in conformance with the use requirements of the zone in which it is located. Except, however, a lawful nonconforming use may be changed to another nonconforming use, provided that a conditional use permit is obtained from the city commission. 2. To approve the conditional use permit, the city commission shall determine that the proposed nonconforming use is more appropriate to the district than the existing nonconforming use, and that no unsafe or unhealthy conditions are perpetuated. In making, such a determination, the commission shall weigh the following criteria: a. Traffic impacts, both on-site and off-site; b. Off-street parking and loading requirements; c. The visual impact on the surrounding area; d. The degree of compliance with the adopted master plan and Zoning Ordinance; e. The level of conflict with other uses in the surrounding area; f. The presence of other nonconformities in the surrounding area; g. The degree to which any existing unsafe or hazardous conditions would be mitigated; h. The viability of the subject structure(s); and i. On-site and off-site impacts from noise, dust, smoke, surface or groundwater contamination, or other environmental impacts. G. The maintenance and reconstruction of existing nonconforming residential dwelling units is allowed, in compliance with applicable fire and building codes, including expansion of up to twenty percent of the existing dwelling unit, as long as the number of dwelling units on the lot is not increased. H. Use of Existing Lots. 1. At the time of the enactment of the ordinance codified in this title, if any owner of a plot of land consisting of one or more adjacent lots in a subdivision of record does not own sufficient land within the lot of record to enable him/her to conform to the minimum lot size requirements or does not have sufficient lot width to conform to the minimum lot width requirements, such plot of land may nevertheless be used as a building site. The lot dimension requirements of the district in which the piece of land is located may be reduced by the smallest amount that will permit a structure of acceptable size to be built upon the lot, such reduction to be determined by the board of adjustment. a. In the A-S, R-S, R-1, R-2, R-2a and R-3a districts, the reduction shall permit only a single-family residence. b. In the R-3, R-4 and R-O districts, the reduction shall permit only a duplex. c. In the R-4 and R-O districts, the reduction shall permit only townhouse clusters or apartment buildings containing no more than four units. 2. No lot, even though it may consist of one or more adjacent lots in the same ownership at the time of passage of the ordinance codified in this title, shall be reduced in size so that lot width or size of yards or lot area per family or any other requirement of this title is not maintained. This section shall not apply when a portion of a lot is acquired for a public purpose. 3. Adjacent parcels which do not conform to minimum lot requirements and which are in common ownership shall be considered individual lots of record for the purposes of this code only if they are each greater than one acre in size and were created prior to the passage of the ordinance codified in this title. I. A lawful nonconforming use may be expanded only through the granting of a conditional use permit by the city commission. In considering the appropriateness of the conditional use permit 143 143 application, the city commission shall weigh the criteria set forth in subsection F of this section. In addition, the commission shall consider whether the expansion is reasonable, natural and incidental to the growth and use of an existing business. In general, proposals to expand nonconforming uses shall not be approved if the expansion would encompass new land or property which was not in use at the time of the enactment of zoning or a change in zoning. 18.50.180 Mobile homes on individual lots. A. Intent. It is the intent of this section to allow mobile homes, as defined herein, in specified zoning districts in which similar one-family dwellings constructed on the site are permitted subject to requirements and procedures set forth herein to assure acceptable similarity in exterior appearances between such mobile homes and dwellings that have been or might be constructed under these and other regulations on adjacent lots in the same district or area. It is the intent of this section to permit only those mobile homes certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. B. Application, Material to be Supplied. One copy of the application for the proposed mobile home on the individual building lot shall be submitted to the building division in conjunction with the application for a building permit for the building foundation. The application shall include all information as deemed necessary by the zoning administrator to make determinations as to conformity with subsection C of this section, and it shall include a minimum of color photographs of all sides of the mobile home, of the nearest existing residences or other grounds or buildings on each side of the proposed site, and of existing residences or grounds fronting upon the same street as the proposed site and opposite thereto, and also including those within one hundred fifty feet of each corner of the proposed site. As a minimum requirement, it shall also include description of siding and roofing material in sufficient detail as to make possible determination as to its appearance and durability. C. Standards for Determination of Acceptable Similarity in Exterior Appearance and Construction. The following standards shall be used in determinations of acceptable similarity in appearance and construction between mobile homes with permanent foundation and residences constructed on the site to assure that such mobile homes will be compatible in appearance with site-built housing that has been or may be constructed in adjacent or nearby locations. 1. No mobile homes shall have fenestration or other features, or use colors or color combinations that will be incompatible in the residential neighborhood. 2. The roof shall have sloping lines with eaves, such as gable, mansard and shed style roofs or shall be compatible with conventionally built homes in the surrounding areas. The pitch of the main roof shall not be less than one foot of rise for each four feet of horizontal run. Minimum distance from eaves to ridge shall be ten feet. 3. The roofing material shall be shake, tile, composition shingle, or other materials commonly found on conventionally built homes in the surrounding areas. 4. The exterior covering material shall be similar or closely compatible to that found on conventionally built residential structures in the surrounding area. Reflection from such exterior shall not be greater than from siding coated with clean, white, gloss, exterior enamel. 5. The exterior covering material shall extend to the ground. If a solid concrete or masonry perimeter foundation is used, the exterior covering material shall extend below the top of the foundation. 6. The exterior covering and roofing materials of the garage(s), carport(s) and accessory buildings shall be compatible with the materials on the mobile home. 7. The finished floor shall be a maximum of twenty-four inches above the exterior finished grade of the lot, or similar to the conventionally built homes in the surrounding area. 144 144 8. The mobile home shall be so located on the lot that the portion nearest the principal street frontage is at least thirty-four feet in total length when measured as a line parallel to the street. Such dimension shall be measured from outer extremities, including eaves, and shall include any additions to the main body of the mobile home, such as living or recreation rooms, garages, carports, utility rooms, and the like, the front portions of which are within ten feet of the front of the main body of the mobile homes. 9. Mobile homes on permanent foundations shall meet all the property development standards for the zone in which they shall be located. These standards include, but are not limited to: lot area and dimension; area per dwelling unit; front, rear and side yard setbacks; building height, lot coverage, location of accessory buildings; and off-street parking. 10. Mobile homes shall be approved for location on individual building lots only if they have been certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. C. Actions by Planning Director. Upon receipt of an application as required by subsection B of this section, the planning director shall make a decision to approve or disapprove of the application within fifteen days, or he may make referral to the city commission. Referrals to the city commission shall be placed on the agenda for its regular meeting. Within five days after receipt of recommendations from the city commission, the planning director shall make a determination as to conformity with subsection C of this section, notifying the applicants of approval or disapproval. In the case of disapproval, the reasons therefor shall be stated in writing. 1 Chapter 18.51 DESIGN REVIEW BOARD (DRB), ADMINISTRATIVE DESIGN REVIEW (ADR) STAFF AND DEVELOPMENT REVIEW COMMITTEE (DRC) Sections: 18.51.010 Purpose of design review board, administrative design review staff and development review committee. 18.51.020 General procedures, notice and timing. 18.51.010 Purpose of design review board, administrative design review staff and development review committee. A. Purpose. The design review board, administrative design review staff and the development review committee are established to coordinate, expedite and assure fair, equitable implementation of this title. The objective, to be implemented through their procedures and deliberations, shall be to encourage development quality that will enhance both the natural and built environments, with full consideration to present and future property values. The development review committee is established to evaluate all proposals subject to the provisions of Chapter 18.52; the development review committee shall act as an advisory body for larger and more complex proposals, and an approval body for smaller and less complex proposals. The design review board is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact, including major site plans and conditional use permits located within overlay districts and all planned unit developments, and to provide recommendations regarding such proposals to the city commission, subject to the provisions of Chapter 18.52. The administrative design review staff is established as the approval body for aesthetic considerations of smaller and less complex proposals, including sketch plans within overlay districts, which are less likely to produce significant community impact, subject to the provisions of Chapter 18.52. B. Development Review Committee Procedures Established. To implement this purpose, certain procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or biweekly meeting attended by representatives of each of the city departments charged with development review, each representative of which shall have decision making capability and authority (veto power). Tape recorded and 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 DRC shall generally follow "Robert's Rules of Order" and may prepare and adopt supplemental procedural rules that will assure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the developmental review process. 1. The committee shall at a minimum be composed of the following personnel: director of public service or designee, fire marshal or designee, the superintendent of streets/garbage or designee, the superintendent of water/sewer or designee, the planning director or designee, and the building official or designee. When necessary, other members of the committee may include: the police chief or designee, the superintendent of parks/cemetery or designee, the recreation superintendent or designee, the city manager or designee, with other individuals to be included as necessary at the planning director's request. 2. When applicable, the committee may solicit the input of non-city agencies and persons including, but not limited to, the county subdivision review officer or designee, the county sanitarian or designee, the county road superintendent or designee, and state or federal agencies, with other individuals to be included as necessary. 2 C. Design Review Board Procedures Established. 1. To implement this purpose, certain procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or biweekly meeting attended by members of the board. Tape recorded and 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 the approval of the city commission, that will assure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the design review process. 2. The board 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. The professional contingent shall consist of four architects, one architectural historian, and one landscape architect or landscape designer. At least one of the professional members shall have a 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 design review board shall serve concurrently as a member of the Bozeman planning board. A quorum of the DRB shall be four voting members and one of the members constituting the quorum must be an architect. 3. Nonprofessional members shall be residents of the City of Bozeman. In selecting the professional members the city commission shall give preference to residents of the City of Bozeman. 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 of Bozeman. D. Administrative Design Review Staff Procedures Established. 1. To implement this purpose, certain procedures shall be adopted, including the administrative evaluation of a proposal without public notice or comment unless a deviation from the underlying zoning is requested. After a proposal has been evaluated by the ADR staff, said staff shall issue a written decision that shall include findings and may include a notice of required corrections. The ADR staff may call a conference with the applicant to determine design alternatives, or the applicant may call a conference with the ADR staff for said purpose; any such conference shall be conducted prior to the issuance of a building permit for the proposal. 2. ADR staff shall consist of two planning staff members. One member shall be degreed, and/or otherwise licensed or certified by his/her respective professional authorities, in an environmental design discipline such as architecture, landscape architecture or urban design. The second member shall be the planning director or his/her designee who may or may not be degreed in architecture. 18.51.020 General procedures, notice and timing. A. Informal Advice and Direction. A person or organization considering any construction, building or site alteration, rezoning or other development activity, with the exception of potential planned unit development applications, may approach the DRC, DRB and/or ADR for informal advice and direction. Such discussion shall be treated as advisory by both parties and shall record only the fact that contact had been made. An informal review by the DRC and/or DRB may be requested by submitting a completed application form provided by the planning director along with any schematic development plans or written narrative at least one week prior to the next regularly DRC and/or DRB meeting. The initial informal review by an applicant or owner for a specific parcel shall be conducted without a fee; a fee, in accordance with the fee resolution adopted by the city commission, shall be charged for a second or subsequent informal review 3 requested by the same applicant and/or owner for the same real property as a prior informal review. No application is required for informal review or advice by the ADR staff. B. Formal Application. An application for DRC, DRB and/or ADR consideration of a development proposal must be submitted utilizing a form available from the planning director. Material to be submitted with the application shall include the elements set forth within the requirements for the type of proposal to be considered, i.e., sketch plan, site plan, conditional use permit, certificate of appropriateness, planned unit development, etc., as outlined in Chapter 18.52. It is recommended that the applicant discuss the application informally with the DRC, DRB, ADR or planning director prior to formal submission to help expedite the process. Depending upon the size of the proposed project, its location and type, the applicant may be directed to one or more agencies of the city for processing C. Public Notice. Public notice for any proposal before the DRC, DRB or ADR, that requires such notice, shall be provided in accordance with Section 18.52.055. D. DRC, DRB and/or ADR Action. By day fourteen from the date of the regularly scheduled DRC and/or DRB meeting at which the applicants' proposal was initially reviewed, the DRC and/or DRB shall take action to approve, approve with conditions, table pending submission of revised or additional materials, deny the applicant's proposal, or recommend such action to the appropriate approval authority. For proposals subject to ADR review, the ADR staff shall take action to approve, approve with conditions, delay pending submission of revised or additional materials or deny the applicant's proposal. E. Plan Appeals Procedure. The applicant or certain other parties may appeal a decision of the DRC, DRB and/or ADR. The criteria for appeals is set forth in Chapter 18.58, Plan Appeals Procedure. Chapter 18.52 PLAN REVIEW AND APPROVAL Sections: 18.52.010 Introduction. 18.52.020 Sketch plan review. 18.52.030 Site plan review. 18.52.040 Special development proposals-Additional application requirements, review procedures and review criteria. 18.52.050 Certificates of appropriateness -Additional application requirements, review procedures and review criteria. 18.52.055 Public notice requirements. 18.52.060 Building permits based upon approved sketch or site plans. 18.52.070 Amendments to sketch and site plans. 18.52.080 Appeals. 18.52.010 Introduction. A. All development proposals within the city will be subject to plan review and approval. Depending on the complexity of development, either sketch plans or site plans will be required as specified in this chapter. B. Special development proposals (i.e., PUDs, CUPs, variances, mobile homes located on individual lots, etc.) require other information to be submitted in conjunction with sketch plans or site plans and are subject to requirements specific to the type of proposal. These additional submittal requirements and review procedures are outlined in Section 18.52.040. 4 C. When a development is proposed within a neighborhood conservation or entryway corridor overlay district, or proposes signs which do not specifically conform to zoning requirements, design review is required in conjunction with either sketch plan or site plan review. In such cases, additional submittal requirements and review procedures apply as outlined in Section 18.52.050. 18.52.020 Sketch plan review. A. Sketch Plan Submittal Requirements. 1. Certain independent development proposals (i.e., not in conjunction with other development) are required to submit only sketch plans, drawn to scale and in sufficient detail to demonstrate compliance with all zoning requirements. Sketch plans shall be oriented with north at the top of the page and shall also show site boundaries, street and alley frontages with names, and location of all structures with distances to the nearest foot between buildings and from buildings to property lines. 2. Separate construction plans are necessary for building permits when the proposal requires such permits. Additional information is also necessary when the proposal requires the issuance of a certificate of appropriateness (see Section 18.52.050). 3. Examples of independent projects which qualify for sketch plan review are: individual single-family, two-family, three-family, and four-family residential units, each on individual lots; mobile homes on individual lots; fences; signs in compliance with zoning requirements; special temporary uses; home occupations; and accessory structures associated with these uses. Other similar projects may be determined by the planning director to require only sketch plan review. The planning director shall determine all submittal requirements. B. Sketch Plan Review Procedures. 1. No Certificate of Appropriateness Required. Sketch plans for projects which do not require a certificate of appropriateness shall be submitted to the planning staff for a determination of compliance with zoning requirements. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities.2. Certificate of Appropriateness Required. Sketch plans and such additional information as may be required for projects which require a certificate of appropriateness as per Section 18.52.050 shall be submitted to the ADR staff, who shall review the proposal for zoning compliance, including compliance with the applicable overlay district requirements. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. Review and approval authority for sketch plans that require certificates of appropriateness shall rest with the DRB if the ADR staff consists of less than two members. C. Sketch Plan Review Criteria. Sketch plans shall be reviewed for compliance with all applicable zoning requirements including overlay district requirements and the cessation of any current violations of this title, exclusive of any legal nonconforming conditions. 18.52.030 Site plan review. A. Classification of Site Plans. 1. For purposes of this title, site plans will be classified as major or minor site plans. All developments within the city, except individual single-family, two-family, three-family and four-family residential structures, each on individual lots, and other development proposals requiring only sketch plan review, shall be subject to this section. A major site plan involves one or more of the following: a. Twelve or more dwelling units in a multiple family structure or structures; 5 b. Fifteen thousand or more square feet of office space, retail commercial space, service commercial space or industrial space; c. More than one building on one site for permitted office uses, permitted retail commercial uses, permitted service commercial uses, permitted industrial uses or permitted combinations of uses; d. Twenty thousand or more square feet of exterior storage of materials or goods; e. Parking for more than forty vehicles. 2. Any other site plan, except those that are part of a planned unit development or conditional use permit, will be considered a minor site plan. 3. Any conditional use permit application shall be reviewed according to the regulations in Chapter 18.53. 4. Any planned unit development shall be reviewed according to the regulations in Chapter 18.54. B. Review Authority. 1. The city commission has the right to review and require revisions to any proposed site plans, major or minor. The purpose of this review is to prevent demonstrable adverse impacts of the development upon public safety, health or welfare; to protect public investments in roads, drainage facilities, sewage facilities, and other facilities; to conserve the value of adjoining buildings and/or property; and to ensure that the applicable regulations of the city are upheld. 2. However, the city commission authorizes the development review committee and/or the design review board, when applicable, to review and approve minor site plans, subject to the appeal provisions outlined in Chapter 18.58. In consideration of any major site plan application, the city commission shall conduct a public hearing that has been duly noticed as per Section 18.52.055. C. Application of Site Plan Review Procedures. 1. These procedures shall apply to all developments within the city except for individual single-family, two-family, three-family and four-family residential units, each on individual lots, or to other development proposals requiring only sketch plan review. 2. The site plan shall be submitted and approved prior to the issuance of any building permit. 3. No occupancy permits shall be issued for any development for which site plan review is required until certification has been provided demonstrating that all terms and conditions of site plan approval have been complied with. D. Site Plan Submittal Requirements. 1. Applications for all site plan approvals shall be submitted to the planning office on forms provided by the planning director. The site plan application shall be accompanied by the appropriate fee and development plans showing sufficient information for the city commission, design review board or development review committee to determine whether the proposed development will meet the development requirements of the city. Unless otherwise specified, twenty copies of the application and required supplemental information addressing the following shall be submitted: a. General Information. i. Name of project/development, ii. Location of project/development by street address and legal description, iii. Location map, including area within one-half mile of site, iv. Name and mailing address of developer and owner, v. Name and mailing address of engineer/ architect, landscape architect and/or planner, vi. Date of plan preparation and changes, vii. North point indicator, 6 viii. Suggested scale of one inch to twenty feet, but not less than one inch to one hundred feet, ix. List of names and addresses of property owners within two hundred feet of site, using last declared county real estate tax records, x. Stamped, unsealed envelopes addressed with names of above property owners, xi. Zoning classification within two hundred feet, xii. Listing of specific land uses being proposed, and xiii. Complete, signed application. b. Site Plan Information. The following information is required whenever the requested information pertains to: (1) zoning or other regulatory requirements; (2) existing conditions on-site; or (3) conditions on-site which would result from the proposed development. i. Boundary line of property with dimensions, ii. Location, identification and dimension of the following existing and proposed data, on-site and to a distance of one hundred feet outside site plan boundary unless otherwise stated: (A) Topographic contours at a minimum interval of two feet, or as determined by the planning director, (B) Adjacent streets and street rights-of-way to a distance of one hundred fifty feet, except for sites adjacent to major arterial streets where the distances shall be two hundred feet, (C) On-site streets and rights-of-way, (D) Ingress and egress points, (E) Traffic flow on-site, (F) Traffic flow off-site, (G) Utilities and utility rights-of-way or easements: (1) Electric, (2) Natural gas, (3) Telephone, cable TV, (4) Water, (5) Sewer (sanitary, treated effluent and storm), (H) Parcel size(s) in gross acres and square feet, (I) Buildings and structures, (J) Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR), with a breakdown by land use, (K) Proposed coverage of buildings and structures for parcel(s) and total site, including the following: (1) Percentage and square footage of building coverage, (2) Percentage and square footage of driveway and parking, (3) Percentage and square footage of open space and/or landscaped area, (L) Surface water holding ponds, streams and irrigation ditches, watercourses, water bodies and wetlands, (M) Floodplains as designated on the Federal Insurance Rate Maps, (N) Grading and drainage plan, including provisions for on-site retention/detention and water quality improvement facilities as required by the city engineering department, or in compliance with any adopted storm drainage ordinance, (0) Significant rock outcroppings, slopes of greater than fifteen percent, or other significant topographic features, (P) Detailed plan of all parking facilities: including circulation aisles, access drives, bicycle racks, compact spaces, handicapped spaces and motorcycle parking, (Q) Sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical details, 7 (R) Provision for handicapped accessibility, including but not limited to wheelchair ramps, parking spaces, handrails, and curb cuts, including construction details and the applicant's certification of ADA compliance, (S) Fences and walls, including typical details, (T) Exterior signs, (U) Exterior refuse collection areas, including typical details, (V) Exterior lighting, including typical details, (W) Curb, asphalt section, and drive approach construction details, (X) Landscaping (detailed plan showing plantings, equipment, and other appropriate information as required in Section 18.50.100), (1) Landscape legend, including botanical and common names of vegetation to be used, (2) Size of plantings at time of planting and at maturity, (3) Areas to be irrigated, (Y) Unique natural features, significant wildlife areas and vegetative cover, including existing trees and shrubs having a diameter greater than two and one-half inches, by species, (Z) Snow storage areas, (AA) Location of municipal and extraterritorial boundaries within or near the development, (BB) Existing zoning, iii. Number of employee and nonemployee parking spaces, existing and proposed, and total square footage of each, iv. Site statistics including site square footage, nonresidential building square footage, percent of site coverage (building and parking), net dwelling unit density, percent park or open space, v. Total number, type and density per type of dwelling units, and total gross residential density and density per residential parcel, vi. A reproducible copy of the site plan with appropriate signatures shall be submitted upon approval; c. Building Design Information (On-Site). i. Building heights and elevations of all exterior walls of the building(s) or structure(s), ii. Height above mean sea level of the elevation of the lowest floor and location of lot outfall when the structure is proposed to be located in a floodway or floodplain area, ill. Floor plans depicting location and dimensions of all proposed uses and activities. E. Site Plan Review Procedures. 1. Minor Site Plan. Minor site plans shall be processed for review in the manner prescribed in Chapter 18.51 and Chapter 18.58, should an appeal be taken. 2. Major Site Plan. Major site plans shall be initially processed through the DRC and/or the DRB, when applicable, in the manner of a minor site plan; however, the DRC and/or DRB action(s) shall not be final but rather advisory to the city commission. All procedures and appeals shall be conducted per the provisions of Chapters 18.51 and 18.58. F. Site Plan Review Criteria. 1. In considering applications for site plan approval under this title, the development review committee, and when appropriate, the administrative design review staff, the design review board, and the city commission shall consider the following: a. Relationship of site plan elements to conditions both on and off the property; b. Conformance to this title, including the cessation of any current violations; c. Conformance to the city's master plan; d. All other applicable laws, ordinances and regulations; e. The impact of the proposal on the existing and anticipated traffic and parking conditions; f. The consistency of the proposal with respect to land use requirements; g. Pedestrian and vehicular ingress and egress; 8 h. Building location and height; i. Landscaping; j. Lighting; k. Provisions for utilities; l. Site surface drainage; m. Open space; n. Loading and unloading areas; o. Grading; p. Signage; q. Screening; r. Setbacks; s. Overlay district provisions; t. Other related matters, including expressed public opinion. 2. If the development review committee and, if appropriate, the design review board or the city commission shall determine that the proposed site plan will not be detrimental to the health, safety or welfare of the community, is in compliance with the requirements of this title and is in harmony with the purposes and intent of this title and the Bozeman master plan, approval shall be granted, and such conditions and safeguards may be imposed as deemed necessary. 3. Site plan approval may be denied upon determination that the conditions required for approval do not exist. 18.52.040 Special development proposals - Additional application requirements, review procedures and review criteria. A. Application Requirements. Applications for special development proposals (PUD, CUP, flood plain development permits, variances) shall include: 1. The required information for major and minor site plans described in Section 18.52.030; 2. Any additional application information required for specific reviews as listed in the following chapters: a. 18.44, Flood Hazard District, b. 18.53, Conditional Use Procedure, c. 18.54, Planned Unit Development, d. 18.56, Variance and Administrative Interpretation Appeal Procedures. B. Review Procedures and Review Criteria. Additional review procedures and review criteria for specific development proposals are defined in the following Chapters: a. 18.44, Flood Hazard District, b. 18.53, Conditional Use Procedure, c. 18.54, Planned Unit Development, d. 18.56, Variance and Administrative Interpretation Appeal Procedures. 18.52.050 Certificates of appropriateness -Additional application requirements, review procedures and review criteria. A. Submittal Requirements for Certificates of Appropriateness. All development proposals requiring certificates of appropriateness (i.e. located in a neighborhood conservation or entryway corridor overlay district) shall submit the following information in addition to any sketch plan, site plan or special development submittal requirements for the proposal. 1. Neighborhood Conservation Overlay District. Certain information shall be provided to the appropriate review authority to review prior to granting or denying a certificate of appropriateness. The extent of documentation to be submitted on any project shall be dictated by the scope of the 9 planned alteration and the information reasonably necessary for the appropriate review authority to make its determination. At a minimum, the following items shall be included in the submission: a. Completed application on form provided by the planning office; b. One current picture of each elevation of each structure planned to be altered and such additional pictures of the specific elements of the structure or property to be altered that will clearly express the nature and extent of change planned. Except when otherwise recommended, no more than eight pictures should be submitted and all pictures shall be mounted on letter-size sheets and clearly annotated with the property address, elevation direction (N,S,E,W) and relevant information; c. Sketch plan or site plan information, as per Section 18.52.020 or 18.52.030; d. Historical information, Including available data such as pictures, plans, authenticated verbal records and similar research documentation that may be relevant to the planned alteration; e. Materials and color schemes to be used; f. Plans, sketches, pictures, specifications and other data that will clearly express the applicant's proposed alterations; g. A schedule of planned actions that will lead to the completed alterations; h. Such other information as may be suggested by the planning office; i. It is further suggested that the applicant seek comments from the neighborhood or area; j. Description of any applicant-requested deviation(s) and a narrative explanation as to how the requested deviation(s) will encourage restoration and rehabilitation activity that will contribute to the overall historic character of the community. 2. Entryway Overlay District.a. Depending on the complexity of development, either sketch plans or site plans will be required as specified in this chapter. b. If the proposal includes an application for a "deviation" as outlined in Section 18.43.080, the application for deviation shall be accompanied by written and graphic material sufficient to illustrate the conditions that the modified standards will produce, so as to enable the city commission to make the determination that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards, and will be consistent with the intent and purpose of Chapter 18.43. 3. Sign Proposals Which Do Not Specifically Conform to Zoning Requirements. Independent sign proposals (i.e., not in conjunction with other development) which do not specifically conform to zoning requirements, are required to submit full site plans. Additional site design information in sufficient detail to demonstrate compliance with the design objective plan encompassing the property's location shall be provided. If no design objective plan has been prepared for the location, additional site design information, if necessary, shall be determined by the ADR staff. B. Review Procedures and Criteria for Certificates of Appropriateness. 1. Certificates of appropriateness shall only be issued according to procedures and criteria specified in Chapters 18.42, 18.43 and 18.65, and Chapter 18.51 which describes the general procedures, notice requirements and timing, for all proposals requiring development review committee, design review board and/or administrative design review staff review. 2. Sign proposals which do not specifically conform to zoning requirements shall be reviewed according to procedures and criteria outlined in Chapter 18.65. 18.52.055 Public notice requirements. A. Public Notice Requirements For Sketch Plan and Minor Site Plan Applications. No public notice requirements shall apply for sketch plan applications outside of overlay districts. Within overlay districts, no public notice requirements shall apply for the alteration or construction of single-family residences unless a deviation from the underlying zoning is requested. Within overlay districts, public notice requirements shall apply to sketch plan applications for duplexes, 10 triplexes and fourplexes where a principal use is proposed to be established or intensified, and/or a deviation from the underlying zoning is requested. For all minor site plan applications, and for sketch plan applications that are not exempted from notice requirements above, the site in question shall be posted in at least one conspicuous location on the site in question and mailed to all owners of record of real property within two hundred feet of the site in question using last declared county real estate tax records, at least ten days prior to the DRC, DRB or ADR decision(s), as applicable, specifying the date, number, time and place for said approvals. It shall specify the name and address of the applicant, the name and address of the owner of record of the property, a legal description of the property affected, the street address or its location by approximate distances from the nearest major street or road intersections so the property can be readily identified, a brief statement of the nature of the approvals, and a reference to the appeals procedures in Chapter 18.58. B. Public Notice Requirements for Major Site Plan Applications. Notice of the city commission hearing shall be published at least once in the Bozeman Daily Chronicle, the official newspaper of the city, posted in at least one conspicuous location on the site in question, and mailed to all owners of real property of record within two hundred feet of the site in question using last declared county real estate tax records, not more than forty-five days nor less than fifteen days- prior to the scheduled public hearing and approval, specifying the date, number, time and place for said approvals. It shall specify the name and address of the applicant, the name and address of the owner of record of the property, a legal description of the property affected, the street address or its location by approximate distances from the nearest major street or road intersections so the property can be readily identified, a brief statement of the nature of the hearings and approvals, and a reference to the appeals procedures in Chapter 18.58. The notice shall provide a map of the area in question so as to indicate its general location and proximity to surrounding properties. C. Additional Public Notice Requirements. Additional public notice requirements for specific development proposals are defined in the following Chapters: 1. Chapter 18.53, Conditional Use Procedure; 2. Chapter 18.54, Planned Unit Development; 3. Chapter 18.56, Variance and Administrative Interpretation Appeal Procedures. D. Notice of City Approval Within Overlay Districts. In order to inform adjacent property owners and residents that an application within an overlay district has been approved by the city, any site approved for construction or alterations within an overlay district shall be posted with a notice supplied by the planning office. The notice shall be posted in a conspicuous place on the site before any construction begins and may be removed when the project is substantially complete. The notice shall specify the name of the owner of record, the address of the property, a description of the scope of work approved and the date of city approval. 18.52.060 Building permits based upon approved sketch or site plans. Based upon the approved sketch or site plan (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 pursuant to Chapter 18.62, provided such building permit is granted within one year of plan approval. Prior to lapse of one year, the applicant may seek an extension of one additional year from the planning director. In such instances, the planning director shall determine that the terms and circumstances have not significantly changed since the initial approval. 18.52.070 Amendments to sketch and site plans. A. Intent. It is the intent of this section to assure that issues of community concern are addressed during the redevelopment, re-use or change in use of existing facilities in the 11 community. Specific areas of community concern include public safety, mitigation of off-site environmental impacts, and site character in relation to surroundings. The following procedures for amendments to approved plans, reuse of existing facilities, and further development of sites assure that these concerns are adequately and expediently addressed. B. Amendments of Plans Approved Under this Title. Any amendment or modification of a plan approved under the ordinance codified in this chapter (initially adopted July 28, 1999 ) 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 title shall also 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 finding that the amended plan is in substantial compliance with the originally approved plan. If it is determined that the amended plan is not in substantial compliance with the originally approved plan, the application shall be resubmitted as a new application and shall be subject to all plan review and approval provisions of this chapter. C. Reuse, Change in Use, or Further Development of Sites Developed Prior to the Adoption of the Ordinance Codified in This Title. 1. Sites legally developed prior to the adoption of the ordinance codified in this title shall be considered to have developed under an approved plan. Proposals for reuse, change in use, or the further development of sites legally developed prior to the adoption of the ordinance codified in this title may be approved by the planning director upon finding that no significant alteration of the previous use and site are proposed, and upon review by the public service director to assure that adequate access and site surface drainage are provided. All such proposals shall be shown on a plan drawing as required by the planning director. 2. The criteria for determining that no significant alteration of the previous use and site will result from the proposed reuse, change in use, or further development of a site shall include but not be limited to the following: a. The proposed use is allowed under the same zoning district use classification as the previous use; however, replacement of nonconforming uses must comply with the provisions of Section 18.50.160.F; b. Changes proposed for the site, singly or cumulatively, do not increase lot coverage by buildings, storage areas, parking areas or impervious surfaces by more than twenty percent, nor add more than twenty percent in assessed value to the property; c. Changes proposed for the site, singly or cumulatively, do not result in more than a twenty percent increase in intensity of use as measured by parking requirements, traffic generation or other measurable off-site impacts; d. The proposed use does not continue any unsafe or hazardous conditions previously existing on the site or associated with the proposed use of the property. 3. If it is determined that the proposed reuse, change in use, or further development of a site contains significant alterations to the previous use and/or site, the application shall be resubmitted as a new application and shall be subject to all plan review and approval provisions of this chapter. 4. When proposals for reuse, change in use, or further development of a site are located in entryway corridor or neighborhood conservation overlay districts, review by the design review board may be required to determine whether resubmittal as a new application is necessary. 18.52.080 Appeals. Appeals of decisions rendered in conjunction with any plan review may be taken as set forth in Chapter 18.58. In such event, any plan review approval shall be stayed until the appeal process has been satisfied. Chapter 18.53 12 CONDITIONAL USE PROCEDURE Sections: 18.53.010 Generally. 18.53.020 Application for conditional use permit-Notice requirements. 18.53.030 City commission consideration and findings. 18.53.040 Notification of commission action. 18.53.050 Modification or enlargement of structures authorized under a conditional use permit. 18.53.010 Generally. Certain uses, while generally not suitable in a particular zoning district, may, under certain circumstances, be acceptable. When such circumstances exist, a conditional use permit may be granted by the city commission. Conditions may be applied to the issuance of the permit and periodic review may be required. The permit shall be granted for a particular use and not for a particular person or firm No conditional use permit shall be granted for a use which is not specifically designated as a conditional use in this title. 18.53.020 Application for conditional use permit-Notice requirements. A. The person applying for a conditional use permit shall fill out and submit to the planning director the appropriate form, with the required fee. The request for a conditional use permit shall follow the procedures and application requirements of Chapter 18.51 and Chapter 18.52. B. In consideration of all conditional use permit applications, a public hearing shall be conducted by the city commission. Notice of the city commission public hearing for conditional use permit applications shall be published at least once in the Bozeman Daily Chronicle, the official newspaper of the city, posted in at least one conspicuous location on the site in question, and mailed to all owners of real property of record within two hundred feet of the site in question using last declared county real estate tax records, not more than forty-five days nor less than fifteen days prior to the scheduled public hearings and approvals, specifying the date, number, time and place for such hearings and approvals. It shall specify the name and address of the applicant, the name and address of the owner of record of the property, a legal description of the property affected, the street address or its location by approximate distances from the nearest major street or road intersections so the property can be readily identified, and a brief statement of the nature of the public hearing, public meeting and approvals. The notice shall provide a map of the area in question so as to indicate its general location and proximity to surrounding properties. C. If a rezoning is required prior to approval of a conditional use permit the application for rezoning and the conditional use permit may be filed and acted upon simultaneously, however the conditional use permit shall not be effective until zoning has been approved by the city commission. 18.53.030 City commission consideration and findings. A. The city commission, in approving a conditional use permit, shall find as follows: 1. That the site for the proposed use is adequate in size and, topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity; 2. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; 3. That the proposed use will have no adverse effect upon the abutting property; 13 4. That the proposed use shall be in conformance with the Bozeman master plan; 5. That the conditional use has complied with all conditions stipulated in Chapter 18.50; 6. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include but are not limited to: a. Regulation of use, b. Special yards, spaces and buffers, c. Special fences, solid fences and walls, d. Surfacing of parking areas, e. Requiring street, service road or alley dedications and improvements or appropriate bonds, f. Regulation of points of vehicular ingress and egress, g. Regulation of signs, h. Requiring maintenance of the grounds, i. Regulation of noise, vibrations, odors, j. Regulation of hours for certain activities, k. Time period within which the proposed use shall be developed, l. Duration of use, m. Requiring the dedication of access rights, n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. B. The commission shall, in addition to all other conditions, impose the following general conditions upon every conditional use permit granted: 1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; 2. That all of the special conditions shall constitute restrictions running with the land use, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin County clerk and recorder's office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use; 3. That all conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successors or assigns; 4. That all of the special conditions shall be consented to in writing by the applicant. C. Applications for conditional use permits may be approved, conditionally approved or denied by motion of the commission. If an application is denied, the denial shall constitute a finding that the applicant has not shown that the conditions required for approval do exist. 18.53.040 Notification of commission action. The applicant shall be notified in writing of the action taken by the commission within seven business days of its action. If the conditional use permit has been granted, the permit shall be issued upon the signature of the planning director, and any conditions, automatic termination date, or period of review shall be stated on the permit. 18.53.050 Modification or enlargement of structures authorized under a conditional use permit. Any proposed additions, enlargements or modifications of the structures approved in any conditional use permit or any proposed extension of the use into areas not approved in any such permit, shall be subject to Chapter 18.52 and Chapter 18.53 of this title. Chapter 18.54 PLANNED UNIT DEVELOPMENT 14 Sections: 18.54.020 Intent of planned unit development. 18.54.030 Application and uses of a planned unit development. 18.54.040 Special conditions of a planned unit development. 18.54.050 Planned unit development review procedures and criteria. 18.54.060 Plan submittal requirements. 18.54.070 Duration of planned unit development approval. 18.54.080 Phasing of planned unit developments. 18.54.090 Enforcement of approval requirements and conditions. 18.54.100 Planned unit development design objectives and criteria. 18.54.020 Intent of planned unit development. It is the intent of the city through the use of the planned unit development (PUD) concept, to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. Specifically, with regard to the improvement and protection of the public health, safety and welfare, it shall be the intent of this title to promote the city's pursuit of the following community objectives: A. To ensure that future growth and development occurring within the city is in accord with the city's adopted master plan, its specific elements and its goals, objectives and policies; B. To encourage innovations in land development and redevelopment so that greater opportunities for better housing, recreation, shopping and employment may extend to all citizens of the Bozeman area; C. To foster the safe, efficient and economic use of land and transportation and other public facilities; D. To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks; E. To avoid inappropriate development of lands and to provide adequate drainage and reduction of flood damage; F. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; G. To promote the use of bicycles and walking as effective modes of transportation; H. To reduce energy consumption and demand; I. To minimize adverse environmental impacts of development and to protect special features of the geography; J. To improve the design, quality and character of new development; K. To encourage development of vacant properties within developed areas; L. To protect existing neighborhoods from the harmful encroachment of newer, incompatible developments; and M. To promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood, and the community as a whole. 18.54.030 Application and uses of a planned unit development. A. A planned unit development may be applied to any development having one or more principal uses or structures on a single parcel of real property or contiguous parcels of real property. Any use or combination of uses may be allowed in a planned unit development provided such uses are consistent with the Bozeman master plan and subsection E of Section 18.54.100. 15 B. All planned unit developments shall consist of a harmonious arrangement of uses, buildings, parking areas, circulation and open spaces. All planned unit developments shall be designed as an integrated unit, in such a manner as to constitute a safe, efficient and convenient development. C. Any planned unit development shall be considered as a conditional use within the zoning district in which it is to be located. D. The city commission retains final approval authority for planned unit developments. 18.54.040 Special conditions of a planned unit development. The following special conditions shall apply to any planned unit development. A. Single Ownership. The tract or parcel of land involved shall be either in one ownership or the subject of an application filed jointly by the owners of all the property to be included. B. Title Holdings. The approved final plan shall specify the manner of holding title to areas and facilities of joint use. Normally such areas and facilities shall be retained in title by the developers of the development or deeded to an organization composed of all owners in the development. C. Residential Planned Unit Developments. The permitted number of residential dwelling units shall be determined by the provision of and proximity to public services and subject to the limitations in Section 18.54.100.E. D. Use of General Building and Development Standards. All planned unit developments shall be reviewed against the general building and development standards established in Chapter 18.50. However, the general building and development standards will be used only as a guide. Approval of a planned unit development shall rest upon a finding by the city commission, as proved by the proposal for a planned unit development, that the intent of the general building and development standards is achieved. E. Establishing Additional Standards. In addition to, or in lieu of, the general building and development standards, the city shall have the right to establish general design standards, guidelines and policies, for the purpose of implementing and interpreting the provisions of this chapter. F. Conformance to Sign Code. All signs proposed in conjunction with a planned unit development shall be reviewed against the provisions of the Bozeman sign code, Chapter 18.65. All signage must be approved as part of the PUD and shall be designed as an integral element of the overall planned unit development. Approval of signs within a planned unit development shall rest upon a finding by the city commission, as proved by the specific proposal, that the intent of the sign code is achieved. 18.54.050 Planned unit development review procedures and criteria. A. Approval of a planned unit development shall consist of three procedural steps: 1. Concept Plan Review. Discussion with the development review committee, design review board and planning staff of the applicant's proposal and any requirements, standards or policies that may apply; this step represents an opportunity to identify any major problems that may exist and solutions to those problems before formal application. 2. Preliminary Plan Approval. Submittal of sufficient information to permit review of the land use relationships, densities, and the type, size and location of the principal design elements of the planned unit development by the development review committee, design review board and city commission. A planned unit development that will be developed in phases must submit either a preliminary plan for all phases or else submit a preliminary plan for the initial phase or phases and submit development guidelines for all subsequent phases. 16 3. Final Plan Approval. The final plan must be in compliance with the approved preliminary plan and/or development guidelines except as provided for in subsection (C)(2)(a) of this section, and shall be reviewed and approved by DRC and ADR staff. B. Concept Plan Review. 1. A concept plan review is mandatory for all planned unit development proposals. 2. Review Procedures. This is an opportunity for applicants to discuss requirements, standards and policies that apply to development proposals and to identify major problems, so that they can be solved before a formal application is made. Concept plan review meetings will be held by the development review committee and the design review board and will provide guidance for planned unit development applications. The general outline of the planned unit development proposal, presented as graphic sketch plans, shall be submitted by the applicant and reviewed by the development review committee and design review board. Thereafter, the planning director shall furnish the applicant with written comments regarding such conference, including appropriate recommendations to inform and assist the applicant prior to preparing the components of the planned unit development application. If any subdivision of the tract(s) in question is proposed, a subdivision Pre-application plat application shall be submitted for review concurrently with the PUD concept plan application, subject to the requirements and limitations of Title 16, Subdivisions, of the Bozeman Municipal Code. C. Preliminary Plan Review and Approval. 1. Application Process. Upon completion of concept plan review and receipt of the planning director's comments on the concept plan, an application for preliminary plan approval may be filed with the planning director. If the development project is to be developed in phases and all phases are not fully detailed in the preliminary plan, development guidelines shall be required for all phases not fully detailed. If any subdivision of the tract(s) in question is proposed, a subdivision preliminary plat application shall be submitted for review concurrently with the PUD preliminary plan application, subject to the requirements and limitations of Title 16, Subdivisions, of the Bozeman Municipal Code. 2. Public Hearings and Meetings. Public hearings and/or public meetings before the city commission for any preliminary plan application, and public notice of such hearings and meetings, shall be provided in accordance with Section 18.53.020 of this title. 3. Review Criteria. In order to approve an application for a planned unit development the city commission shall find that the application is in conformance with all applicable objectives and criteria of Section 18.54.100 and the criteria in Section 18.53.030. 4. Recommendations. The DRC and DRB shall recommend the approval, conditional approval or denial of the preliminary plan to the city commission and shall include in such recommendation the findings upon which such recommendation was determined. 5. Preliminary Plan Approval. The city commission, after conducting a public hearing, may approve, disapprove or approve with conditions the proposed planned unit development. Approval of a preliminary plan shall not guarantee approval of the final plan; rather it shall be deemed an expression of approval of the layout, densities and proposed impact mitigation measures submitted on the preliminary plan as a guide to the preparation of the final plan. D. Final Plan Review and Approval. 1. Application Process. Upon approval or conditional approval of a preliminary plan by the city commission, an application for a final plan approval may be submitted. 2. Review Criteria. Compliance with Preliminary Plan. For approval to be granted the final plan shall be in compliance with the approved preliminary plan. This shall mean that all conditions imposed by the city commission as part of its approval of the preliminary plan have been met and: a. The final plan does not change the general use or character of the development. 17 b. The final plan does not increase the number of residential dwelling units by more than two percent and does not exceed the amount of any density bonus approved with the preliminary plan. c. The final plan does not decrease the open space provided on the preliminary plan by more than five percent. d. The final plan does not contain changes that do not conform to the objectives and criteria of Section 18.54.100. 3. Final Plan Approval. The DRC and ADR staff may approve, disapprove or approve with additional conditions, the proposed planned unit development if it conforms with the approved preliminary plan in the manner described above. Prior to final plan approval, the DRC, ADR staff or planning director may request a recommendation from the DRB or city commission regarding any part of a proposed final plan that does not specifically conform to the approved preliminary plan. 4. Amendments to Final Plan. Building permits and other development approvals shall be issued on the basis of the approved final plan and any conditions of approval. No city administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan with the exception of the following: a. Minor Changes. i. Minor changes to a planned unit development may be approved administratively and in writing, if at all, by the planning director, whereupon a permit may be issued. Such changes may be authorized without additional public hearings, at the discretion of the planning director. This provision shall not prohibit the planning director from requesting a recommendation from the DRB, DRC, ADR staff, or city commission. ii. Minor changes shall not affect the location and placement of buildings, a change of uses, the shape and arrangement of lots and blocks, the allocation of reserved open space, increases in density and/or intensity of the project or, in general, the overall design or intent of the project; b. Major Changes. i . Major changes to a planned unit development shall be approved, if at all, only by the city commission, and must follow the same planned unit development review and public hearing process required for approval of preliminary plans. ii. For planned unit developments, major changes shall be defined as follows: (A) A change in the character of the development, (B) An increase of greater than one percent in the approved number of residential dwelling units, (C) An increase of greater than two percent in the improved gross leasable floor areas of retail, service, office and/or industrial buildings, (D) A reduction by greater than two percent in the approved open space, (E) A change in the location and placement of buildings, (F) An increase in the problems of traffic circulation and public utilities, (G) Any change in the development that would normally cause the project to be disqualified under the applicable criteria of Section 18.54.100. 18.54.060 Plan submittal requirements. For each stage of the review process, the information and data described below shall be submitted unless the planning director determines that the information is unnecessary for the proper evaluation of the development based on the findings of the concept plan review. Only after the planning director or his designee has determined that all required information has been submitted will the application be processed. A. Submittal Requirements for Concept Plans. The following information and data shall be submitted for concept plan review: 18 1. Data regarding- site conditions, land characteristics, available community facilities and utilities and other related general information about adjacent land uses and the uses of land within one-half mile of the subject parcel of land; 2. Conceptual (sketch) drawing showing the proposed location of the uses of land, major streets and other significant features on the site and within one-half mile of the site; 3. A computation table showing the site's proposed land use allocations by location and as a percent of total site area. B. Submittal Requirements for Preliminary Plans. The following information and data shall be submitted for preliminary plan review: 1. Document Requirements. The following information shall be presented in an eight and one-half inch by eleven inch vertically bound document. The document shall be bound so that it will open and lie flat for reviewing and organized in the following order: a. Application forms, b. A list of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the planned unit development, c. Legal description of the site, d. A copy of the list of the names and addresses of all owners of record of real property within two hundred feet of the property lines of the parcel of land for which the planned unit development is proposed, exclusive of public rights-of-way. The original list shall be included in the document. A listing of the names and addresses typed on stamped, plain white envelopes shall be submitted separately, e. A statement of planning objectives, including: i. Statement of applicable city land use policies and objectives achieved by the proposed plan and how it furthers the implementation of the Bozeman master plan, ii. Statement of: (A) Proposed ownership of public and private open space areas; and (B) Applicant's intentions with regard to future ownership of all or portions of the planned unit development, iii. Estimate of number of employees for business, commercial and industrial uses, iv. Description of rationale behind the assumptions and choices made by the applicant, v. The applicant shall submit as evidence of successful completion of the applicable community design objectives and criteria of Section 18.54.100, documentation pursuant to these regulations for each proposed use. The applicant shall submit written explanation for each of the applicable objectives or criteria as to how the plan does or does not address the objective or criterion. The planning director may require, or the applicant may choose to submit, evidence that is beyond what is required in that section. Any element of the proposal that varies from the criterion shall be described, vi. Detailed description of how conflicts between land uses are being avoided or mitigated, vii. Statement of design methods to reduce energy consumption, (e.g., home/business utilities, transportation fuel, waste recycling), f. A development schedule indicating the approximate date when construction of the planned unit development, or stages of the same, can be expected to begin and be completed, including the proposed phasing of construction of public improvements and recreational and common space areas, g. Reduced versions of all preliminary plan and supplemental plan maps and graphic illustrations at eight and one-half by eleven inches or eleven by seventeen inches size; 2. Site Plan Requirements. A site plan of the proposed development drawn at a scale of one inch equals one hundred feet, sixty feet, fifty feet or forty feet and composed of one or more sheets 19 with an outer dimension of twenty-four by thirty-six inches, showing the information required for site plans in Section 18.52.030D plus the following additional information: a. Percentage and square footage of public street right-of-way, b. Percentage and square footage of active recreational use area, c. Boundary and square footage of each area designated as active recreational use, d. Location and acreage of common open areas and all public and semi-public land uses, including public parks, recreation areas, school sites, and similar uses, e. Location of existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system, indicating the proposed treatment of points of conflict. Provision for handicapped accessibility, including but not limited to wheelchair ramps, parking spaces, handrails, and curb cuts, including construction details and the applicant's certification of ADA compliance, f. The existing and proposed circulation system of arterial, collector and local streets, including: (i) off-street parking areas; (ii) service areas; (iii) loading zones; and iv) major points of access to public rights-of-way, including major points of ingress and egress to the development. Notations of proposed ownership, public or private, should be included where appropriate, g. The proposed treatment of the perimeter of the planned unit development, including materials and techniques used, such as screening, fences, walls and other landscaping, h. Adjacent Site Information. Area shown on the site plan shall extend beyond the property lines of the proposal to include a survey of the area and uses within two hundred feet of the proposal, exclusive of public right-of-way at the same scale as the proposal and including the following: i. Land uses and location of principal structures, ii. Densities of residential uses, iii. Existing trees and major features of landscape, iv. Topographic contours at two-foot intervals, unless otherwise permitted by the planning director, v. Traffic circulation system, i. Supplemental Vicinity Map. Vicinity map of the area surrounding the site within a distance of at least one mile showing: i. Zoning districts, ii. Location of existing municipal boundary lines, iii. Traffic circulation system, iv. Major public facilities including schools, parks, trails, etc., j. Certificates for the following information: i . Attorney's or owner's certification of ownership, ii. Planning director certification of approval of the site plan, including a statement regarding any element of the project that varies from the community design objectives and criteria of Section 18.54.100, iii. Owner certification of acceptance of conditions and restrictions as set forth on the site plan; 3. Supplemental Plan Requirements. a. Viewsheds. i. Looking onto and across the site from areas around the site, describe and map the views and vistas from adjacent properties that may be blocked or impaired by development of the site, ii. Describe and map areas of high visibility on the site as seen from adjacent off-site locations, b. Recreation and Trails. Describe and map all existing and proposed trails, parks and recreation areas within one mile of the site. State the size (in acres) and functions of the parks and recreation areas identified, 20 c. Historic Resource. Describe and map any historic structures or historic districts on the site or within four hundred feet, d. Street Cross Sections if Different From City Standards. Street cross-section schematics shall be submitted for each general category of street, including: i. The proposed width, ii. Treatment of curbs and gutters, iii. Sidewalk systems, and iv. Bikeway systems, where alternatives to the design criteria and standards of the city are proposed, e. Physiographic data, including the following: 1. A description of soils existing on the site, accompanied by analysis as to the suitability of such soils for the intended construction and proposed landscaping, ii. A description of the hydrologic conditions of the site with analysis of water table fluctuation and a statement of site suitability for intended construction and proposed landscaping, iii. Locate and identify the ownership of existing wells or well sites within four hundred feet of the site, f. Drainage Plan. In addition to all drainage and hydrologic information required in Section 18.52.030.D, a detailed preliminary drainage report, calculations and/or plan shall be submitted, including: i. All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc., which may be incorporated into the storm drainage system for the property shall be designated, ii. All plans shall indicate the proposed outlet for the storm drainage from the property, including: (A) The name of the drainageway (where appropriate), (B) The downstream conditions (developed, available drainageways, etc.), and (C) Any downstream restrictions, g. Temporary Facilities Plan. A plan of the site showing the location of all temporary model homes, sales offices and/or construction facilities, including temporary signs and parking facilities, h. Preliminary Subdivision Plat. If the project involves or requires platting, a preliminary subdivision plat, subject to the requirements of the city's subdivision ordinance, shall be submitted, i. Traffic Impact Analysis. At the discretion of the public service director a traffic impact analysis shall be prepared based upon the proposed development. The analysis shall include provisions of the approved development guidelines, and shall address impacts upon surrounding land uses. The public service director may require the traffic impact analysis to include the following: i. Land Use and Trip Generation. A table of each type of land use, the number of units or square footage, as appropriate, the trip rates used (daily and peak hour) and resulting trip generation, ii. Traffic graphics showing: (A) AM peak hour site traffic, (B) PM peak hour site traffic, (C) AM peak hour total traffic, (D) PM peak hour total traffic, (E) Total daily traffic (with site generated traffic shown separately), iii. AM and PM Capacity Analysis. An AM and PM peak hour capacity analysis shall be provided for: (A) all major drive accesses that intersect collector or arterial streets; and (B) all arterial-arterial, collector-collector, and arterial-collector intersections within one mile of the site, or as directed by the director of public service, iv. Report format shall be as follows: 21 (A) Trip generation, using Institute of Transportation Engineers Trip Generation Manual, (B) Trip distribution, (C) Traffic assignment, (D) Capacity analysis, (E) Evaluation, (F) Recommended access plan, including access points, modifications and any mitigation techniques, v. Additional Analysis Criteria. (A) Appropriate clearance intervals shall be provided for each exclusive movement. Pedestrian movements must be provided for each cycle and pedestrian overpasses shall not be at intersections. Maximum pedestrian walking speeds shall be four feet per second with a minimum "WALK" time of seven seconds. Intersection pavement widths shall not exceed that required to provide three through lanes in each direction, dual left-turn lanes and right-turn lanes, (B) Traffic progression will be of paramount importance. Consequently, all potential intersections with signals will be placed on quarter-mile points unless otherwise approved by the director of public service, (C) Intersection level of service "C" shall be the design objective and under no conditions will less than level of service "D" be accepted for site operations. Arterial intersections and turning operations shall operate at level of service "C." If level of service "E" is the result of the study, then alternatives of providing level of service "D" shall be analyzed and included as part of the study. Generally, the design year will be approximately fifteen years following construction, vi. Summary analysis explaining: (A) The proposed access points for the project, their location, and the rationale for their placement in terms of circulation, (B) Future off-site road improvements for access, which roads they will be, the projected time frame for their completion and who is responsible for their completion, (C) ADT and level of service changes to all streets, (D) How traffic impacts to existing streets will be minimized by the planned unit development, (E) Describe bicycle and pedestrian pathways within the development, if used, j. Additional Studies and Plans. The city commission may require additional impact studies or other plans as deemed necessary for providing thorough consideration of the proposed planned unit development; particularly if the development's compliance with the community design objectives and criteria is under question; 4. Reproducible Copy Requirements. In addition to the above document, the applicant shall submit the following for review purposes: a. One full-size rolled (not folded) mylar of all plans and renderings, b. One eight and one-half by eleven inch clear film reduction of all plans and renderings for reproduction and overhead projector use. C. Submittal Requirements for Final Plans. 1. Application form. 2. A list of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the planned unit development. 3. Site Plan Submittal Requirements. a. A final plan site plan shall be submitted on a twenty-four by thirty-six inch sheet(s) at the same scale as the approved preliminary plan. If a different scale is requested or required, a copy of the approved preliminary plan shall be submitted that has been enlarged or reduced to equal the scale of the final plan. However, only the scales permitted for the preliminary plans shall be permitted for final plans. b. The final plan site plan shall show the following information: 22 i. Land use data (same Information as required on the preliminary site plan); ii. Lot lines, easements, public rights-of-way as per subdivision plat; iii. Attorney's or owner's certification of ownership; iv. Planning director certification of approval of the site plan and its conformance with the preliminary plan; v. Owner's certification of acceptance of conditions and restrictions as set forth on the site plan. 4. Supplemental Plans. a. Final Landscape Plan. A final landscape plan consistent with the conditions and restrictions of the approved preliminary plan shall be submitted. It shall also be consistent with the city Landscape Ordinance, Section 18.50.100, except that any stated conditions and restrictions of the preliminary plan approval shall supersede the Landscape Ordinance. b. Final Subdivision Plat. An official final subdivision plat of the site must accompany the final planned unit development plan. This plat must conform to the subdivision requirements of the city, except as waived by the approved preliminary plan for the planned unit development. The subdivision shall contain proper dedications for public streets, utility easements, and all other public rights required by the preliminary plan. Approval by the city of the final subdivision plat shall be required before filing of the subdivision plat or issuance of building permits. c. Final Utility Plans. Prior to submission of the final plan to the DRC and ADR staff, final detailed engineering plans for sewer, water, electrical, street improvements and other public improvements, and an executed agreement in proper form providing for the installation of such improvements, must be submitted to and approved by the city. d. Open Space Maintenance Plan. i. Maintenance of Community Open Spaces. The developer shall submit a legal instrument setting forth a plan providing for the permanent care and maintenance of open spaces, recreational areas, communally owned facilities, and parking lots. 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 open space is deeded to a homeowner's association, the applicant shall file the proposed documents governing the association. Such documents shall meet the following requirements: (A) The homeowners' association must be established before any residences are sold; (B) Membership in the association must be mandatory for each residence owner; (C) Open space restrictions must be permanent and not for a period of years; (D) The homeowners' association must be made responsible for liability insurance, taxes and maintenance of recreational and other 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; (F) The governing board of any such association shall consist of at least five members who shall be owners of property in the planned unit development. ii. Open Space Maintenance Guarantee. (A) In the event the organization or any successor organization established to own and maintain common open spaces, recreational areas, communally owned facilities and private streets, shall at any time fail to maintain the common facilities in reasonable order and condition in accordance with the approved plan, the city commission may cause written notice to be served upon such organization or upon the owners of property in the development setting forth the manner in which the common facilities have failed to be maintained in reasonable condition, which notice shall include the demand that the deficiencies noted be cured within thirty days thereafter and shall state the date and place of a hearing to be held within fourteen days of the notice. At the time of hearing, 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 23 original notice or modifications are not cured within the time set, the city commission in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance, may enter upon such common facilities and maintain the same for a period of one year. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. Before expiration of such year, the commission shall, upon its own initiative or upon written request of the organization theretofore responsible for maintenance, call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the planned unit development. At such 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 hearing and determination at the end of each year thereafter. (B) The cost of maintenance by the city shall be a lien against the common facilities of the planned unit development and the private properties within the development. The city commission shall have the right to make assessments against properties in the development on the same basis that the organization responsible for maintenance of the facilities could make such assessments. Any unpaid assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. The city may further foreclose its lien on the common facility by certifying the same to the county treasurer for collection as in the case of collection of general property taxes. iii. Guarantee for Open Space Preservation. Open space shown on the approved final plan shall not be used for the construction of any structures not shown on the final plan. 5. Reproducible Copy Requirements. In addition to the requirements for site plan and supplemental plan submittal the following shall be submitted for copying and permanent records: a. Signed reproducible, full-size mylars for all site and landscape plans, architectural elevations, subdivision plats, utility plans, and any other plans required by the city commission; b. One eight and one-half by eleven inch clear film reduction of all plans and renderings. 18.54.070 Duration of planned unit development approval. A. Duration Of Preliminary Plan Approval. 1. Within a maximum of three years following the approval of a preliminary plan for multiuse and/or multiphase PUDs and within a maximum of six months following the approval of a preliminary plan for single-use PUDs which are not phased, the applicant shall file with the planning department a final plan(s) in detailed form covering all or part of the development. 2. Upon application and for good cause, the planning director may administratively extend the period for filing a final plan for two successive six month periods. The granting of administrative extensions under this section may, at the discretion of the planning director, be referred to the city commission. 3. Any additional six-month extensions to the planned unit development shall be approved, if at all, only by the city commission. A request for extension of preliminary approval under this section must be submitted to the planning director in writing by the applicant at least thirty days prior to the date of expiration. Failure to submit a written request within the specified time period shall cause forfeiture of the right to extension of preliminary approval. 4. If no final plan(s) is filed covering all or any portion of the preliminary plan within the above time limits, the right to proceed under the preliminary plan shall expire for any portion of the preliminary plan for which a final plan has not been timely filed. B. Duration of Final Plan Approval. 24 1. The applicant must undertake and complete the development of an approved final plan within two years from the time of final approval. For the purposes of this section, a development is substantially complete once all engineering improvements (water, sewer, streets, curbs, gutter, street lights, fire hydrants and storm drainage) are installed and completed in accordance with city rules and regulations. Extensions for two successive periods of six months may be administratively granted by the planning director. The granting of administrative extensions under this section may, at the discretion of the planning director, be referred to the city commission. 2. Any additional six-month extensions to the planned unit development shall be approved, if at all, only by the city commission. A request for extension of final approval under this section must be submitted to the planning director in writing by the applicant at least thirty 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. 18.54.080 Phasing of planned unit developments. A. Applications for Phased Planned Unit Developments. If a planned unit development is intended to be developed over time in two or more separate phases, application for approval of a phased planned unit development shall follow procedures established for concept plan review as outlined in this chapter. After concept plan review is completed, phased PUDs may be proposed in accordance with one of three procedures: 1. Application for Simultaneous Approval of All Phases of the PUD. a. Where all phases of a PUD are planned in detail, an application for approval of all phases of the PUD may be made in accordance with preliminary plan review and approval procedures outlined in this chapter. In such cases, preliminary plans and all required supplemental information shall clearly set forth phased development boundaries, schedules, and other details pertaining to the phasing of the project. b. Upon approval of the preliminary plan for all phases of the PUD, each phase of the development may occur in accordance with the review and approval procedures for final plans as specified in this chapter. 2. Application for Approval of Initial Phase of the PUD, With Subsequent Phases Master Planned and Subject to Development Guidelines. Where the applicant wishes to gain preliminary and final approval for the initial phase(s) of a PUD, and further wishes to gain master plan and development guidelines approval for subsequent phases of the PUD, preliminary and final plan review and approval procedures for the initial phase(s) shall be followed in accordance with this chapter. A master plan and development guidelines for the remaining phases of the development shall be provided for review and approval as outlined below. 3. Application for Approval of a Phased PUD Based Only Master Plan and Development Guidelines. Applications for approval of a phased PUD without detailed plans for any phase shall not generally be accepted. However, under unique circumstances and for good cause shown, the planning director may determine that an application for approval of a master plan and development guidelines for a phased PUD may be submitted without a preliminary plan for any phase. When such a determination has been made, application for approval of a master plan and development guidelines may be made in accordance with phased PUD approval procedures as set forth below. B. Phased PUD Approval Process. Master plans and development guidelines shall be reviewed and approved according to the procedures established for preliminary plans as established in this chapter. When a master plan and development guidelines for a phased PUD have been reviewed 25 and approved by the city commission, each phase of the PUD may be developed in accordance with the review and approval procedures set forth in this chapter for final plan reviews. C. Phased PUD Review Criteria. 1. In general, the review criteria for phased PUDs shall be the same as that for PUDs as set forth in Sections 18.54.050(B)(2) and 18.54.050 (C)(2) of this code. 2. In those cases where master plans and development guidelines are proposed to govern the development of future phases of the PUD, the city commission must determine that the proposed master plan and development guidelines are provided in sufficient detail to support a finding that the phased PUD will comply with all requirements for PUD approval if developed in accordance with the approved master plan and development guidelines. 3. DRB or ADR staff, as applicable, and DRC review and approval of preliminary and final plans for those phases of a PUD which have an approved master plan and development guidelines shall assure compliance and consistency with said master plan and development guidelines. 4. Should DRC or DRB or ADR staff, as applicable, determine that proposals to develop subsequent phases of a PUD are not in compliance with the approved master plan and development guidelines, the determination may be appealed to the city commission subject to the provisions of Chapter 18.58 of this code. D. Phased Planned Unit Development Submittal Requirements. 1. Master Plan Submittal Requirements. Master plans for phased PUDs shall consist of a detailed site plan depicting: a. Existing conditions for the entire phased PUD as required by subsections B and C of Section 18.54.060; and b. Proposed conditions pertaining to such elements as building location, open spaces, vehicular and pedestrian circulation, and boundaries of the individual phases of the PUD in as much detail as is required by the findings of the concept plan review as outlined in this chapter. 2. Development Guidelines Submittal Requirements. Development guidelines for phased PUDs shall be submitted to the planning director as part of the application submittal in one or more orderly documents. Each document shall contain a table of contents and shall be in an eight and one-half by eleven inch vertical format, bound to open flat for review. All graphic representations shall be in eight and one-half by eleven inch or eleven by seventeen inch format. Development guidelines for phased PUDs shall contain the information as is required by the findings of the concept plan review as outlined in this chapter. Such information may include, but is not limited to, the following: a. A description of submittal requirements and review procedures for the approval of preliminary and final plans submitted in accordance with the master plan and development guidelines (to be developed with the assistance of staff); b. A description of the coordination with any other applicable review procedures, e.g., subdivision review; c. A complete list of proposed or potential land uses; d. Sign guidelines: type(s), location, design, illumination, size and height; e. Perimeter buffering guidelines with specific regard to adjoining land uses; f. Landscaping guidelines, including a description of the landscaping theme in relation to the streetscape, the buildings on site, and any proposed signage open space treatment parking and circulation areas, display areas, and screening; g. Design guidelines for outdoor storage and/or display; h. Protective covenants which may include requirements, owners' association provisions, provisions for maintenance, etc.; i. Parking: guidelines for design, provision for shared facilities, circulation between lots, and coordination with sidewalk system, service areas; 26 j . Dimensional requirements: building heights, setbacks (interior and perimeter), open space, etc.; k. Lighting; l. Architectural guidelines; m. Provisions for utilities, communications and refuse; n. Guidelines for noise, emissions, glare, hazardous materials, etc.; and o. Improvements schedule. E. Open Space Provisions for Phased PUD Developments. If a project is to be built in phases, each phase shall include an appropriate share of the proposed recreational, open space, and other site and building amenities of the entire development. The appropriate share of the amenities for each phase shall be determined for each specific project at the time of preliminary approval and shall not be based solely upon a proportional or equal share for the entire site. Requirements may be made for off-site improvements on a particular phased project. F. Final Plans for Phased PUD Developments. Final plans for a planned unit development may be submitted in phases. The final plan shall conform to the preliminary plan of a planned unit development, as approved. G. Duration of Phased PUD Development Guidelines Approval. Within a maximum of five years following the approval of development guidelines for a planned unit development, development must commence or the development guidelines must be reviewed for renewal. Any subsequent approvals of a preliminary plan must conform to the development guidelines. 18.54.090 Enforcement of approval requirements and conditions. The occurrence of either of the following events may subject the applicant to the enforcement remedies contained in Chapter 18.70 of this code: A. Failure to comply with any terms, conditions or limitations contained on the site plan, landscape plan, building elevations or other approved documents pertaining to a planned unit development which has received final approval from the city. B. Failure to comply with any conditions on record imposed by the city commission upon its review of the master or preliminary plans or any conditions imposed by the DRC or ADR through the review of the final plan for the planned unit development under the provisions of this Planned Unit Development Ordinance, Chapter 18.54 of this title. 18.54.100 Planned unit development design objectives and criteria. A. General. For any planned unit development proposal to be approved it must first be found, by the city commission, after recommendation from the DRC and DRB, to be in compliance with this section of the Planned Unit Development Ordinance of the city. B. Land Use Classifications. 1. The design objectives and criteria with which a planned unit development proposal must comply are dependent upon the designated land use classification of the site proposed for the planned unit development. 2. Subsection E of this section contains four groups of objectives and criteria against which planned unit developments are reviewed. All planned unit developments are reviewed against the objectives and criteria designated for all development. Each individual planned unit development is then reviewed against the objectives and criteria established for the land use classification(s) of the site on which the proposal is to be located. A planned unit development must satisfy all the objectives and criteria of all applicable groups. In evaluating planned unit developments the city may determine that certain criteria are not applicable or are irrelevant to a particular development proposal and therefore do not apply to that proposal. 27 C. Evaluation Process. The acceptability and performance of a planned unit development proposal shall be evaluated as follows: Each of the objectives and criteria for the applicable land use classification and for all development contained in subsection E of this section will be answered Yes, No or Not Applicable (NA). A No response to any of the applicable objectives and criteria will automatically preclude the development proposal from further consideration and eventual approval, unless a variance is granted by the city commission. An objective or criterion is considered to be applicable if it can reasonably be applied to the development proposal. The applicant shall clearly demonstrate how the planned unit development specifically addresses each applicable objective and criterion. D. Responsibility for Impact Mitigation. To protect the character of new and existing neighborhoods against intrusive and disruptive development, any negative or adverse impacts shall be effectively mitigated in the planned unit development plan, as per the following guidelines: 1. When two adjacent parcels are developed simultaneously, the responsibility for mitigating conflicts is upon the more intense use. 2. When a use is the first to develop on two adjacent vacant parcels, the first use shall provide the necessary buffer to any reasonable future use as determined by the city. 3. The second use to develop shall, at the time it develops, take all additional steps necessary to mitigate conflicts. 4. However, when a planned unit development includes a use or uses which are not otherwise permitted in the underlying zoning district, the responsibility for impact mitigation shall lie exclusively with the planned unit development proposal. E. Design Objectives and Criteria Evaluation Forms. 1. The city will determine compatibility of a project based upon the evidence presented during evaluation of the community design objectives and criteria of this subsection. 2. The following forms will be used in evaluating all planned unit development applications: 1 ALL DEVELOPMENT Application: All land uses within a proposed planned unit development shall be reviewed against, and comply with, the applicable objectives and criteria of the mandatory "All Development" group. Required Criteria: Yes No NA Neighborhood Compatibility 1. Is the development compatible with, and sensitive to, the immediate environment of the site and the adjacent neighborhoods relative to architectural design, building bulk and height, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration? 2. Is the project designed so that additional traffic generation beyond what may be approved for permitted uses does not have a significant adverse impact on adjacent and surrounding development? 3. Have the guidelines outlined in Chapter 18.51, Development Review Committee, been followed concerning identification and discussion of impacts related to the proposed development? 4. Is the development in accordance with the adopted elements of the Bozeman master plan and its accompanying goals, objectives and policies? Public Facilities, Services and Transportation 28 5. Does the development comply with all city design standards, requirements and specifications for the following services: Water supply Trails/walks/bike ways Sanitary supply Irrigation companies Fire protection Electricity Flood hazard areas Natural gas Telephone Storm drainage Cable television Streets 6. Will the sewage generated by the development not exceed the sanitary sewer system's line and treatment capacity? 7. Will an adequate water supply exist to serve the development? 8. Will an adequate electrical power supply exist to serve the development? 9. Will the city transportation plan be capable of handling the development's traffic generation? 10. Does the development provide adequate access for emergency service? 11. Are all vehicular use areas and exterior building areas provided with adequate security lighting? Natural Resources 12. Have precautions been taken to minimize hazards to life or property due to irrigation canals, stream channels or other water bodies? 13. Have known areas of natural or geological hazard (e.g., unstable or potentially unstable slopes, faulting, landslides, rockfalls, flood, and wildfire, etc.) or soil conditions unfavorable to urban development had special engineering precautions taken to overcome natural constraints or have these areas been set aside from development? 14. Does the project preserve or replace existing natural vegetation? 15. Have special precautions been taken to preserve existing wildlife habitats, natural wildlife food services, or existing places, or are these areas being preserved? 16. If the proposed project is located within a locally designated historical district or includes a locally designated landmark structure, is the project in conformance with the city's Historic Preservation Ordinance? 17. If the development is proposed on existing agricultural land or open space, does it meet master plan objectives for clustering development? Environmental Standards 18. Will the project conform to applicable local, state and federal air quality standards, including, but not limited to: odor; dust, fumes or gases which are noxious, toxic or corrosive; suspended, solid or liquid particles; or any air contaminant which may obscure an observer's vision or impair breathing? 19. Will the project conform to applicable local, state and federal water quality standards, including, but not limited to: erosion and sedimentation; runoff control; discharge of solid wastes, and discharge of hazardous substances? 20. Can the proposed land uses and activities be conducted so that noise generated shall not exceed the minimum performance levels as specified in the city's Noise Control Ordinance Chapter 18.50 of the zoning code? Detailed plans for the elimination of objectionable noises are required before the issuance of a building permit. 21. If the proposed activity produces glare or heat. whether direct or reflected, is the operation conducted within an enclosed building or with other effective screening in such a manner as to 29 make such glare or heat completely imperceptible from any point along the property line? Detailed plans for the elimination of glare or heat are required before issuance of a building permit. 22. Will the project cause an inherent or recurring generated vibration perceptible without instruments at any point along the property fine? Temporary construction may be excluded from this criterion. 23. Is the exterior lighting, except for warning, emergency or traffic signals, installed in such a manner that the light source is obscured to prevent excessive glare on public streets and walkways or into any residential area? The installation or erection of any lighting which may be confused with warning signals, emergency signals or traffic signals shall not be permitted. 24. Will all sewage and industrial wastes be treated and disposed of in such a manner as to comply with applicable local, state and federal standards? Detailed plans for waste disposal are required before issuance of a building permit. Site Design 25. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) arranged on the site so that activities are integrated with the organizational scheme of the community and neighborhood? 26. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized, and cohesive planned unit development? 27. Is the design and arrangement of elements of the site plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the existing natural topography; natural water bodies and water courses; existing vegetation; and 28. Does the design and arrangement of elements of the site plan (e.g. building construction, orientation, and placement: transportation networks, selection and placement of landscape materials; and/or use of renewable energy sources. etc.) contribute to the overall reduction of energy use by the project? 29. Are the elements of the site plan (e.g. buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the project? 30. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and is at least thirty percent of the project, exclusive of yard setbacks and parking lot interior landscape developed as open space? 31. Does the street and parking system provide for the smooth, safe and convenient movement of vehicles both on and off the site? 32. Does the development satisfy the parking capacity requirements of the city and provide adequate space suited to the loading and unloading of persons, materials and goods? 33. Is the active recreational area suitably located and accessible to the residential units it is intended to serve and is adequate screening provided to ensure privacy and quiet for neighboring residential uses? 34. Is the pedestrian circulation system designed to assure that pedestrians can move safely and easily both within the site and between properties and activities within the neighborhood area? 35. Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? 36. Does the pedestrian circulation system incorporate design features to enhance convenience, safety and amenity across parking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lighting? 37. Does the pedestrian and bicycle trail system adequately connect to the systems in adjacent developments? 30 38. Does the landscape plan enhance the appearance of vehicular use, open space and pedestrian areas which contribute to their usage and visual appearance? 39. Does the landscaping plan enhance the building(s)? 40. Does the landscape plan screen utility boxes, parking areas, loading areas, trash containers, outside storage areas, blank walls or fences and other areas of low visual interest from roadways, pedestrian areas and public view? 41. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the site plan to avoid interfering with public access to that area? 42. Will all signs in the project be in compliance with the provisions of the Bozeman sign code? 2 RESIDENTIAL Application: Planned unit developments in residential areas (A-S, R-S, R-1, R-2, R-2-A, R-3, R-3-A, R-4, and R-O zoning districts) may include a variety of housing types designed to enhance the natural environmental, conserve energy, recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods, with provisions for a mix of limited commercial development. For purposes of this section, "limited commercial development" means professional offices and other permitted use listed in the B-1 neighborhood service district (Chapter 18.28), within the parameters set forth below. All uses within the PUD must be sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood. Required Criteria: Each of the following applicable criteria must be answered "yes" and implemented within the development plan. 1. On a gross acreage basis, is the average residential density in the project (calculated for residential portion of the site only), consistent with the development densities set forth in the land use guidelines of the Bozeman master plan? 2. Does the project provide for private outdoor areas (e.g., private yards, patios and balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? 3. Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? 4. If the project is proposing a residential density bonus as described below, does it include a variety of housing types and styles designed to address community wide issues of affordability and diversity of housing stock? 5. If the PUD is located within, or adjacent to, the city, is the project within two thousand feet of an existing or approved neighborhood service center, public school, day care center, major employment center, or public neighborhood or community park? 6. Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? 7. Is the project within six hundred fifty feet of an existing collector or arterial street? 8. If the project is proposing a residential density bonus (thirty percent maximum) above that which is set forth below, does the proposed project exceed the established regulatory design standards (such as for setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent neighborhood development? 31 ALLOWABLE RESIDENTIAL DENSITIES, WITHOUT BONUSES Zone Density A-S One dwelling per twenty acres, or maximum allowed in accordance with the "sliding scale" established in Chapter 18.10 R-S One dwelling unit per acre R-1 Three units per acre R-2 Six units per acre R-2-A Five units per acre R-3 Twelve units per acre R-3-A Ten units per acre R-4/R-O Fifteen units per acre 9. If limited commercial development as defined above is proposed within the project, is less than twenty percent of the gross area of the PUD designated to be used for offices or neighborhood service activities nor ordinarily allowed in the particular residential zoning district? 10. If neighborhood service activities are proposed within the project, is a market analysis provided demonstrating that less than fifty percent of the market required to support proposed neighborhood service activities is located outside the immediate area of the PUD and are the neighborhood services of a nature that does not require drive-in facilities or justification for through traffic? 11. If the project contains limited commercial development as defined above, is the project located at the intersection of arterial streets, or arterial and collector streets? 12. If the project contains limited commercial development as defined above, has the project been sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood and have the commercial activities been developed at a scale compatible with residential development? 13. Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? 3 COMMERCIAL PUD Application: Planned unit developments in commercial areas (B-1, B-2, B-3 and B-P zoning districts) may include either commercial or multi-family development, however, adequate but controlled access to arterial streets is essential. Activities would include a broad range of retail and service establishments designed to serve consumer demands of the city and Bozeman area. Each of the following applicable criteria must be answered "yes" and implemented within the development plan. 1. Are all repair, painting and body work activities, including storage of refuse and vehicular parts, planned to take place within an enclosed structure or completely screened from off-site view? 2. Have all the necessary precautions been taken to prevent all lubrication, hazardous materials and fuel oil substance, which are stored on the site, from leaking or draining into the groundwater system, streams, creeks, or other water bodies? 32 3. If the project contains any use intended to provide adult amusement or entertainment, does it meet the following requirements: Is the use established, operated or maintained no less than five hundred feet from a residential neighborhood, church and/or a school meeting all the requirements of the compulsory education laws of the state of Montana? Is the use established, operated or maintained on less than five hundred feet from another similar use? 4. Is the project contiguous to an arterial street, and has adequate but controlled access been provided? 5. Is the project on at least two acres of land? 6. If the project contains two or more significant uses (for instance, retail, office, residential, hotel/motel and recreation), do the uses relate to each other in terms of location within the PUD, pedestrian and vehicular circulation, architectural design, utilization of common open space and facilities, etc.? 7. If the project is a single-use PUD development, is it compatible with existing land use patterns? Is it compatible with and does it reflect the unique character of the surrounding area? 8. Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces? 9. Does the project encourage infill, with at least one-quarter of its property boundary contiguous to existing development, or does the project otherwise demonstrate compliance with the land use guidelines of the Bozeman master plan? 10. If the project includes residential development, or is adjacent to existing or future residential development, have exceptional or unique design methods been incorporated to mitigate the impacts of conflicting land uses (e.g., landscape and architectural design, extensive open space, recreation center(s), maximum traffic efficiency, screening of parking areas? 11. Does the project provide for outdoor recreational areas (such as additional landscaped areas, open spaces, trails, or picnic areas) for the use and enjoyment of those living in, working in, or visiting the development? 4 INDUSTRIAL PUD Application: Planned unit industrial developments in industrial areas (M-1 and M-2 zoning districts) may include employment, wholesaling, manufacturing and utility centers for the community; the particular types of uses will be determined based upon its potential impact upon adjacent land uses and the intensity of development. Each of the following applicable criteria must be answered "Yes" and implemented within the development plan. 1. Have all the necessary precautions been taken to prevent all lubricants, hazardous materials and fuel oil substances, which are stored on the site, from leaking or draining into the groundwater system, streams, creeks, or other water bodies? 2. Are all repair, painting and body work activities, including the storage of refuse and vehicular parts planned to take place within an enclosed structure or completely screened from off-site view? 3. Is the project located adjacent to an arterial or collector street that provides adequate access to the site? 33 4. Is the project developed such that the least intense uses shall be located along the arterial streets, where visibility to the public is likely; more intense uses such as heavy industrial uses and warehousing activities will be located away from the arterial streets, buffered by the other uses? 5. Does the project utilize a landscaping theme that will tie adjacent uses or projects together? 6. Is the project being developed on land substantially surrounded by developed property with existing services and utilities already available? 7. Does the project provide for outdoor recreational areas (e.g., additional landscaped areas, open space, trails, picnic areas) for the use and enjoyment of those working in or visiting the development? 18.54.110 North 19th Avenue/West Oak Street Entryway Corridors. A. Intent and Purpose. It is the intent and purpose of this section to establish the planned unit development (PUD) review procedures as a method to guide future growth and development within the area of the North 19th Avenue/West Oak Street Corridor Master Plan. It is further intended to ensure that future growth and development will occur in accord with the goals and objectives of the North 19th Avenue/West Oak Street Corridor Master Plan as a sub-area plan to the Bozeman Master Plan. B. Application. Planned unit development provisions shall apply to all non-residential development proposals located in the North 19th Avenue and West Oak Street entryway corridor areas as designated on the Land Use Plan of the North 19th Avenue/West Oak Street Corridor Master Plan and on the official City of Bozeman Zoning Map as follows: 1. North 19th Avenue. (Class I and Class II Corridor) All non-residential development within the North 19th Avenue entryway corridor between Durston Road and the North 19th Avenue-Interstate 90 Interchange, measured six hundred sixty (660) feet from the centerline of North 19th Avenue, exclusive of the following: a. Between Durston Road and the south boundary of Covered Wagon Mobile Home Court, a Class II entryway corridor overlay classification shall be applied to the east side of North 19th Avenue, measured three hundred thirty (330) feet from the centerline of North 19th Avenue. 2. West Oak Street. (Class I and Class II Corridor) All non-residential development within the West Oak Street entryway corridor between North 7th Avenue and Rose Park shall be applied within such corridor as follows: a. Between North 7th Avenue and North 19th Avenue, measured six hundred and sixty (660) feet from the centerline of West Oak Street; b. Between North 19th Avenue and the east boundary of Rose Park, measured three hundred thirty (330) feet from the centerline of West Oak Street. C. PUD Review Procedures. Approval of a development proposal located in the North 19th Avenue or West Oak Street entryway corridor shall be subject to the planned unit development review procedures and shall consist of the three procedural steps as required by Section 18.54.050.A, Concept Plan Review, Preliminary Plan Review and Final Plan Review. 1. Coordinated Review. In order to expedite and streamline the review procedures for development proposals in the North 19th Avenue and West Oak Street entryway corridor overlay districts the planned unit development review procedures may, at the developer's discretion, be submitted to the Planning Office simultaneously with the appropriate application procedures for subdivision review. However, the preliminary subdivision plat review procedures may not be processed without the developer first submitting, or simultaneously submitting, an application for planned unit development preliminary plan review. D. PUD Plan Submittal Requirements. Applications for PUD review for each stage of the review process shall be submitted to the Planning Office and shall include the information and data described in 18.54.060 of this Chapter. 34 1. Development Master Plan. In addition to the information and data required for preliminary plan review, the applicant shall submit along with the application for preliminary plan review a development master plan of said property to consist of the following: a. Existing and proposed conditions for the entire PUD as required by subsection B of Section 18.54.060; b. Proposed conditions pertaining to such elements as building location, open spaces, vehicular circulation, pedestrian and bicycle circulation, boundary of development phases, stream corridors, environmentally sensitive lands, and proposed land uses in as much detail as is required by the findings of the concept plan review as outlined in this chapter; c. Proposed conditions as it relates to adjacent properties or of common ownership not located in the prescribed entryway corridor of this section; and d. A legal instrument containing the creation of a property owner's association setting forth a plan containing, but not limited to; declaration of establishment, governing body, permanent care and maintenance of open spaces, recreational areas, pathways and trailways, commonly owned facilities, landscape maintenance and upkeep, private streets, power to levy assessments and developmental guidelines. E. Developmental Guidelines Submittal Requirements. Applications for PUD review in accord with this section shall submit developmental guidelines to the Planning Office as part of the preliminary plan application as required by Section 18.54.080.D.2 of this Chapter, and shall in addition include the following: 1. Architectural Guidelines: building orientation, off-street parking lot orientation, sign guidelines, lighting, dimensional guidelines, mechanical equipment screening; 2. Landscape Guidelines: entryway corridor landscape guidelines, streetscape, off-street parking lot screening, outdoor storage/display areas, perimeter buffering from other land uses, arterial noise buffering, development entrance, protective covenants; 3. Pedestrian Circulation: between off-street parking lots, between adjacent lots, coordinated sidewalk system, bicycle circulation, trails/pathways. F. Open Space Provisions. Sufficient open space along the entryway corridors is necessary to provide the urban streetscape and park-like setting envisioned by the community that is essential to the basic quality of life in Bozeman, and to create attractive entryways into the City: 1. General Standard. Development in the North 19th Avenue and West Oak Street entryway corridors shall generally provide at least thirty (30%) percent of the project as developed open space, exclusive of required off-street parking lot interior landscape. Public streets located in dedicated public rights-of-way shall be excluded from the gross area of land in calculating open space requirements. However, private streets, driveways, off-street parking lots and other private areas shall apply in determining the total gross area. Open space in the yard setbacks for each zone may contribute to the thirty (30) percent open space provision. Property located outside, but adjacent to the entryway corridor overlay, which provide linked common open space areas, and contributes to the intent and purpose of this section may be applied towards the open space provisions based on the merits of the proposal and its ability to accomplish the goals and objectives of the North 19th Avenue/West Oak Street Corridor Master Plan. 2. Reduction in Open Space. Reduction in the thirty (30%) percent open space provision to not less than twenty-five (25%) percent of the development may be granted by the City Commission after considering the recommendation forwarded by the DRC and DRB. The planning staff shall solicit comments and recommendations from the Design Review Board, Bozeman Tree Advisory Board, Bozeman Recreation Advisory Board and other appropriate sources of professional expertise, which will also be forwarded to the City Commission. The criteria for granting a reduction in open space shall be based on the proposal's ability to achieve the goals and objectives of the North 19th Avenue/West Oak Street Corridor Master Plan based on superior design and 35 planning techniques exceeding the regulatory standards set forth in this section. The criteria for granting reduction in the open space provision may include, but are not limited to: a. Exceptional architectural and landscape developmental guidelines; b. Designation (i.e. public dedication or easement) for use by the general public of pedestrian pathways and/or trailways within the development which are located along entryway corridors, stream corridors or within the interior of the development, exclusive of sidewalks located in the public right-of-way; c. Public plazas, courtyards, promenades or other usable public areas; d. Front yard setbacks along entryway arterial streets that exceed the minimum fifty (50) foot setback; e. Additional landscaping installed within the entryway corridors beyond what is required by this section; f. Larger landscaping installed within the fifty (50) foot wide setback along entryway corridors; g. Landscaped areas exceeding minimum yard setbacks situated at main entrances into the development; h. Installation and maintenance of streetscape furniture along greenway corridors; i. Additional setback and buffering between building sites and areas designated as environmentally sensitive lands; j. Changes in texture and use of materials at intersections of pedestrian and vehicular circulation; k. Exchange of land within the development for additional land transferred to Rose Park; and l. Preservation of viewsheds (i.e. one-story buildings along entryway corridor or limited building height). 3. Common Open Space. At least fifty (50%) percent of the required open space, but no less than fifteen (15%) percent of the entire development, shall be in common ownership of the property owner's association or in the form of common open space easements granted to the property owner's association. Landscaping shall be required for all areas of the development which are to be in common ownership or designated as "common open space easements" located on individual lots or parcels of land, and in particular shall incorporate the required landscape for implementation of the greenway corridors. G. Greenway Corridor Landscape Standards. Development of greenways along the entryway corridors have been established in order to demonstrate the importance of urban open space and to visually enhance aesthetically pleasing, high-quality development along the arterial corridors of North 19th Avenue and West Oak Street. 1. General Standards. The following landscape guidelines have been designed to develop a formal streetscape in concert with a park-like setting along the greenway corridors as an integral element in developing attractive entryways into the city. a. Formal Streetscape. Street frontage landscape located in the street right-of-way boulevard will be characterized by a formal arrangement of large canopy boulevard trees as follows: (1) One large canopy boulevard tree, a minimum of eight (8) feet in height or 12" caliper and planted at regular intervals of fifty (50) feet on center. (i) Acceptable large canopy boulevard trees include the following species: Ash, Patmore Green (Fraxinus pennsylvanica); Honeylocust, Seedless (Gleditsia triacanthos); Ash, Black (Fraxinus nigra); and Maple, Norway (Acer Platanoides). b. Greenway Park. Greenway corridors located in the 50-foot setback will be characterized by informal vegetative planting of trees, shrubs, berms and groundcover for every one hundred (100) feet of frontage along the entryway corridors as listed below. Acceptable tree species for greenway 36 corridors shall consist of the landscape types listed in the Tree Selection Guide prepared by the Bozeman Tree Advisory Board, and made available in the Bozeman Planning Office. (1) A total of four (4) evergreen and deciduous trees at random or in cluster arrangements, with no more than fifty (50%) percent being deciduous, a minimum of 8-10 feet in height, or 12" caliper; (2) A total of two (2) small ornamental trees at random locations, a minimum of 8 feet in height, or 1 to 12" caliper; (3) A total of six (6) deciduous and/or coniferous large shrubs, of which three (3) shall be flowering shrubs, at random locations and a minimum of 82 feet in height at maturity, 2-3 feet installation size; (4) As an alternative to item 3 above, earth berms, an average of 32 feet in height, planted with shrubs or living ground cover so that the ground will be covered within three years; and (5) All other areas not landscaped with trees, shrubs or ground cover shall be planted with a drought resistant "native grass" mix consisting of: 172% sheep Fescue; 172% Revenue Slender Wheatgrass; 35% Secar Bluebunch Wheatgrass and 30% Critana Thickspike Wheatgrass. Alternatives to this mix may be considered where it can be demonstrated that the same objectives are achieved with an alternative drought resistant grass seed mix. (6) Areas designated for detention and/or retention ponds for stormwater runoff from development on building sites shall not be permitted in the 50-foot greenway corridor(s), unless all of the following standards have been satisfied: (i) Not more than one-third (1/3) of the greenway corridor setback along the frontage of each individual lot is used for the purposes of retention/detention ponds; (ii) Location of retention/detention ponds do not conflict with, or are justification to alter, design guidelines and location of greenway corridor landscape, pathways, streetscape furniture or lighting fixtures; (iii) Retention/detention ponds demonstrate superior design and treatment of storm water runoff, as well as excellence in integration with greenway corridor landscape, and do not exceed a maximum slope of 1:3; and (iv) Groundcover for retention/ detention ponds shall consist of "native grass" seed mix as specified above in item 5, similar turf grass, or a groundcover certified by a licensed nurseryperson. Not more than thirty (30%) percent of the area shall consist of non-organic groundcover if used as a decorative landscape feature. c. Clustering landscape. Major entryway locations into development along North 19th Avenue and West Oak Street shall contain the following clustered landscaping treatment: (1) For every 100 feet of corridor frontage (or portion thereof), a minimum of ten (10) large and small trees, two (2) small ornamental trees, six (6) large shrubs, six (6) large flowering shrubs, twenty (20) small shrubs and twenty (20) small flowering shrubs. 2. Landscape Maintenance and Irrigation. a. Installation. Installation of on-site landscape improvements, to include greenway corridor(s), shall be the responsibility of the land owner of each individual lot at the time of development of said property. Development of areas designated as common open space for the development shall be the responsibility of the P.U.D. developer at the time of subdivision and planned unit development review and approval; b. Maintenance. Maintenance of boulevard streetscape, greenway corridors and common open space areas shall be the responsibility of the property owner's association and shall comply with the provisions set forth in Section 18.54.060.C.4.d. of this zone code, whereby all required landscape must be maintained in a healthy growing condition at all times, and that any plant that dies must be replaced with another living plant that complies with the approved landscape plan. Maintenance shall consist of mowing, removal of litter and dead plant materials, necessary 37 pruning and irrigation. Where pedestrian or bicycle pathways are located within the greenway corridor, these trails shall be maintained to provide for their safe use, including pruning of plants to remove obstructions, and removal of dead plant materials, litter, or other hazards; c. Landscape Irrigation. Landscape irrigation shall be supplied by the owner of each building site by a shallow well pump, municipal water system or other acceptable irrigation system. Irrigation shall be piped to each individual planting area by an automatic sprinkler system or other acceptable irrigation system designed to irrigate all landscape features and areas, and shall include a "bubble" irrigation system for all trees and large shrubs. Alternatives to an automatic sprinkler system shall be designed and certified by a licensed landscape irrigation professional. H. Pedestrian and Bicycle Trailways. Pedestrian and bicycle trails designated in the North 19th Avenue/West Oak Street Corridor Master Plan shall be implemented during planned unit development and subdivision review of development proposals located in the sub-area plan of this section. Prior to receiving final subdivision and planned unit development approval, the developer must either install the full trail improvements or provide payment into a North 19th Avenue/West Oak Street Corridor Trails Trust Fund. Should the community choose to construct trailways for use by the general public prior to development of said property, the land owner may execute the necessary pedestrian and bicycle trailway easement for installation and maintenance of said trail(s). Pedestrian and bicycle trailways shall be designed and installed in conformance with the following: 1. Greenway Corridor. A curvilinear asphaltic surface, a minimum width of eight (8) feet wide, installed on a compacted, six (6) inch deep, :-inch gravel road mix, on sterilized ground with weed preventive fabric; 2. Stream Corridors. A gravel surface, a minimum width of six (6) feet wide, consisting of compacted, six (6) inch deep, :-inch gravel road mix, over a treated area with a weed preventive fabric, or an alternative trail standard subject to review and approval by the Recreation and Parks Advisory Board. I. Orientation of Structures. Commercial lots located in the North 19th Avenue and West Oak Street entryway corridors shall be designed in a manner to eliminate negative visual impacts resulting from the orientation of accessory activities and functions common to the rear of structures (loading and unloading areas, ground mounted mechanical equipment, storage refuse areas or outside storage areas). The rear of structures, or the activities and functions common to the rear of the structure, shall not be orientated towards the arterial streets, pedestrian or bicycle trails or common open space without proper architectural design, screening or landscape buffering. J. Orientation of Off-Street Parking Areas. Commercial lots located in the North 19th Avenue and West Oak Street entryway corridors shall be designed in a manner that diminishes the visual impact of expansive off-street parking areas separating buildings from the street, by including parking areas that are beside and behind, not just in front of buildings. This would encourage the placement of buildings closer to streets and expanses of parking to be broken up. K. Planned Unit Development Design Objectives and Criteria. Approval of a development proposal must first be found, by the City Commission to be in compliance with criteria set forth in Section 18.54.100 of the Bozeman Municipal Code, exclusive of criteria number thirty (30) - open space areas in the all development criteria matrix. Chapter 18.55 ZONING TEXT AND MAP AMENDMENTS Sections: 38 18.55.010 Initiation of amendments and changes. 18.55.020 Amendments and rezonings Investigation requirements. 18.55.030 Public hearing procedures and requirements. 18.55.010 Initiation of amendments and changes. A. The city commission may, from time to time, amend, supplement or change this title and the regulation or maps appertaining thereto. An amendment, supplement or change may be initiated by the city commission, zoning commission or upon petition from an owner of property within the city. B. Whenever the property owner of any land or building desires a reclassification on his property or change in regulations applicable thereto, he may file with the city planning department on forms provided by the city for this purpose, a petition duly signed and verified by him requesting an amendment or change of regulations prescribed for such property. 18.55.020 Amendments and rezonings Investigation requirements. Upon initiation of an amendment by the city commission, zoning commission or upon petition from a property owner, the zoning commission shall cause to be made an investigation of facts bearing on such initiation or petition as will provide necessary information to assure that the action of each such petition is consistent with the intent and purpose of this title, including but not limited to a finding that the application complies with the Bozeman master plan. 18.55.030 Public hearing procedures and requirements. A. The city commission and/or zoning commission shall hold public hearings on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity to be heard. B. The planning director shall give public notice of all public hearings to be held before either the city commission and/or the zoning commission. The notice shall be published at least once in a newspaper published and having general circulation in the city, not more than forty-five days nor less than fifteen days prior to the public hearings. C. The notice shall specify the number, date, time and place of all scheduled public hearings. It shall state the name and address of the applicant, the name and address of the owner of record of the property, and a legal description of the property affected, the street address or its location by approximate distances from the nearest major street or road intersections so that the property can be easily identified, and a brief statement of the nature of the hearing. D. The notice shall provide a map of the area in question so as to indicate its general location and proximity to surrounding properties. In the case of a text amendment the notice shall explain the intent of the change, with reference to the precise text amendment language being available for public review at the city planning department. E. However, where city zoning boundaries are extended through annexation, which require initial zoning classification, public notice shall consist of three separate notifications in a newspaper published and having general circulation in the city, provided at least one of the notifications is published not more than forty-five days nor less than fifteen days prior to the public hearing. Such notice of public hearings shall also be made available upon request to all newspapers, radio stations and television stations serving the zoning jurisdiction of the city for use as a public service announcement. F. In addition to such publication, the planning director shall post same notice of public hearing not more than forty-five days nor less than fifteen days prior to the public hearings, on the site in question as well as on one or more additional locations, visible to the general public, within the affected area as deemed appropriate by the planning director. However, where city zoning 39 boundaries are extended which require initial zoning classification, sign posting requirements shall not apply. G. Such notice shall be sent by mail, not more than forty-five days nor less than fifteen days, to the applicant and owners of record, or their legal representative, of the subject property as well as to the owners of record of all parcels within one hundred fifty feet of the perimeter of the subject property. The number of feet occupied by all public roads, streets, alleys, and other public ways, shall be excluded in determining the one hundred fifty foot requirements. However, where city zoning boundaries are extended which require initial zoning classification, mailing of notice of public hearing to such applicants, owners of public record, or their legal representative, of the subject property(ies), or owners of record of all parcels within one hundred fifty feet of the perimeter of the subject properties shall not apply. H. If for some reason a required property owner fails to receive mail notification of a scheduled public hearing, or if one or more of the required posted signs in the area or on the site for which the public hearing is being held, is inadvertently moved through no fault of the city, this in no way shall invalidate the legal notice requirements of the scheduled public hearing. I. Notice may also be provided to property owners in any additional area that may be substantially impacted by the proposed change or use as determined by the planning director. J. After such hearing or hearings, the zoning commission will make reports and recommendations on the petition or initiation to the city commission. K. When the zoning commission has recommended an amendment to this title, including a change in the district boundaries, the public hearing shall be held by the city commission for the purpose of acting upon the proposed amendment after public notice. Prior to October 1, 1999 in case of protest against such changes signed by the owners of twenty percent or more either of the area of the lots included in such proposed change or of those lots immediately adjacent to the rear within the block or of those lots directly opposite extending one hundred fifty feet from the street frontage thereof, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the city commission. On or after October 1, 1999 in case of protest against such changes signed by the owners of 25% or more of either the area of the lots included in any proposed change; or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of two-thirds of the present and voting members of the city commission. Chapter 18.56 VARIANCE AND ADMINISTRATIVE INTERPRETATION APPEAL PROCEDURES Sections: 18.56.010 Purposes 18.56.040 Appeals and variances -Application and investigation. 18.56.050 Interpretations and variances- Hearing and notice requirements. 18.56.060 Variances-Criteria for consideration. 18.56.070 Variances-Conditions of approval. 18.56.080 Appeals from city commission determinations. 18.56.090 Effective time for commission decisions -Variances void when. 18.56.010 Purposes A. The city commission shall hear and decide variances and administrative appeals as follows: 40 1. Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this title or of any title adopted pursuant thereto. Appeals will be granted upon finding that such order, requirement, decision or determination made by an administrative official is erroneous and contrary to this title or of any ordinance adopted pursuant thereto; 2. Authorize in specific cases, such variance from the terms of this title as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions will result in unnecessary hardship, and so that the spirit of this title shall be observed and substantial justice done. B. The commission may, after public notice and hearing, deny, approve or conditionally approve all requests for variances due to hardship, including: 1. Requests to modify dimensional requirements of this title; 2. Requests for multiple variances; 3. Requests to modify flood hazard district requirements subject to the provisions of Chapter 18.44; and 4. Requests for variances in conjunction with conditional use permits. Approvals of all such variances shall be conditioned upon Commission approval of the conditional use permit. C. All requests for deviations in the neighborhood conservation overlay districts or entryway overlay districts shall be heard by the City Commission. D. In no case may the City Commission grant variances to allow uses not already permitted pursuant to this title. E. The concurring vote of four members of the commission shall be necessary to reverse any order, requirements, decisions or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this title, or to effect any variance of this title. A reversal of the Planning Director's classification of a particular use shall be submitted to the City Commission for determination under the provisions of Section 18.06.060. F. The concurring vote of three members of the City Commission shall be necessary to grant requested deviations to this title. 18.56.040 Appeals and variances -Application and investigation. A. Application for Variance or Interpretation Appeals. A request for variance proposed shall be made by filing at least thirty days prior to the commission meeting an application with appropriate fees with the planning director; such application shall be accompanied by a development plan showing such information as the planning director may reasonably require for purposes of this title. The plans shall contain sufficient information for the commission to make a proper decision on the matter. The request shall state the exceptional conditions and the peculiar and practical difficulties claimed as a basis for a variance. In all cases, the application shall include, and shall not be deemed filed until, all of the following is submitted: 1. Name and address of the applicant; 2. The legal description of the property involved in the request for variance, including the street address, if any, of the property; 3. The names and addresses of the owners of the property and any other persons having a legal interest therein; 4. List of names and addresses of property owners within two hundred feet of site, using last declared county real estate tax records; 5. Stamped, unsealed envelopes addressed with names of above property owners; 6. A site plan drawn to scale showing the property dimensions, grading, landscaping and location of utilities, as applicable; 7. Location of all existing and proposed buildings; 41 8. Drive accesses, driveways, access roads, parking spaces, off-street loading areas, and sidewalks as applicable; 9. The variance requested and the reasons for the request; 10. Justification, in writing of subsections A, B and C of Section 18.56.060; 11. Evidence satisfactory to the city commission of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within six months after issuance of permit; 12. Required filing fee; and 13. In the case of an administrative interpretation appeal evidence to prove that the decision or action of the official was incorrect or in violation of the terms of this title. B. Investigation of Facts. The commission shall cause to be made such investigation of facts bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this title. During time of appeal all construction shall cease and shall not commence until approved by the city commission. 18.56.050 Interpretations and variances- Hearing and notice requirements. A. There shall be a hearing for each application of an interpretation appeal or variance. The hearing shall be held at an appointed time and place. Testimony shall be taken by the commission from persons interested in the application, and from the planning staff. B. The planning director shall give public notice of all public hearings to be held before the city commission. The notice shall be published at least once in a newspaper published and having general circulation in the city, not more than thirty days nor less than ten days prior to the public hearings. C. The notice shall specify the number, date, time and place of all scheduled public hearings. It shall state the name and address of the applicant, the name and address of the owner of the property, and a legal description of the property affected, the street address, or its location by approximate distances from the nearest major street or road intersection so that the property can be easily identified, and a brief statement of the nature of the hearing. D. The notice shall provide a map of the area in question so as to indicate its general location and proximity to surrounding properties. E. In addition to such publication, the planning director shall post same notice of public hearing not more than thirty days nor less then ten days prior to the public hearings, on the site in question as well as on one or more additional locations, visible to the general public, within the affected area as deemed appropriate by the planning director. F. The notice of public hearings shall also be made available upon request to all newspapers, radio and television stations serving the jurisdiction for use as a public service announcement. G. Such notice shall be sent by mail not more than thirty days nor less than ten days prior to the public hearings, to the applicant and owners of record (or their legal representative) of the subject property as well as to the owners of record of all parcels within two hundred feet of the perimeter of the subject property. H. If for some reason, a required property owner fails to receive mailed notification of a scheduled public hearing, or if one or more of the required posted signs in the area or on the site for which the public hearing is being held, is inadvertently removed through no fault of the city, this in no way shall invalidate the legal notice requirement of the scheduled public hearing. I. Notice may also be provided to property owners in any additional area that may be substantially impacted by the proposed variance as determined by the planning director. 18.56.060 Variances - Criteria for consideration. 42 In approving an application for a variance, the commission shall designate such lawful conditions as will secure substantial protection for the public health, safety and general welfare, and shall find as follows: A. That the variance will not be contrary to the public interest; B. That a literal enforcement of this title will result in unnecessary hardship owing to conditions unique to the property; C. The spirit of this title will be observed and substantial justice done. 18.56.070 Variances - Conditions of approval. Any approval under this chapter shall be subject to the terms of the conditions designated in connection therein. 18.56.080 Appeals from city commission determinations. Any person or persons, jointly or severally, aggrieved by any decision of the city commission under this chapter, or any taxpayer, or any officer, department, board or bureau of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal in whole or in part specifying the grounds of illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the commission. 18.56.090 Effective time for commission decisions - Variances void when. The decision of the or city commission shall be final except as provided in Section 18.56.080 and if a building permit or land use permit is not obtained for the subject property within six months from the date of the commission's decision, the variance shall be automatically canceled and become null and void. CHAPTER 18.57 TELECOMMUNICATIONS Sections: 18.57.010 Intent. 18.57.030 Review Procedures. 18.57.040 Standards. 18.57.010 Intent. A. The City has the authority to regulate the placement, construction, and modification of wireless telecommunications service facilities; and B. The City Commission finds that: 1. It is necessary to determine the appropriate location for placement of towers and antennas to serve local residents and businesses; and 2. The City desires to promote co-location and use of alternative tower structures to minimize the need to construct new towers; and 3. Consistent with applicable law, the City desires to minimize the adverse visual impacts of towers and antennas through careful siting, design, landscape screening, and innovative camouflaging screening; and 4. The City seeks to ensure against potential health and safety hazards to citizens and prevent damage to adjacent properties; and 43 5. The City intends to exercise, to the fullest extent permitted by applicable law, its authority with respect to the regulation of the placement, construction, and modification of wireless telecommunications service facilities. 18.57.030 Review Procedures. A. Purpose. The purpose of this section is to describe the standards and conditions under which certain uses may be permitted as principal or conditional uses in specific districts. B. General Application. All uses listed in this section shall be subject to the specific standards described for each use, in addition to all other applicable standards which may apply, and limited to those districts specified. The provisions of this chapter apply to Large Scale Broadcast Facilities and Small Scale Broadcast Facilities as defined in Chapter 18.04. The provisions of this chapter do not apply to facilities which meet the definition of Essential Services (Type 1) as defined in this Section 18.04.640 of this Chapter, nor to private antennae which are limited to reception only. C. The following review procedures shall be utilized in the review of Large Scale Broadcast Facilities. 1. A Large Scale Broadcast Facility shall be considered as a principal use in the M-1, M-2, and PLI districts, provided the facility meets all applicable standards, and shall be reviewed under the terms of Chapters 18.52 and this chapter. A Large Scale Broadcast Facility which establishes a second principal use on a proposed site will require a major site plan. A Large Scale Broadcast Facility proposed to be mounted on an existing structure may be reviewed, at the discretion of the Planning Director, as a minor site plan. A Large Scale Broadcast Facility proposed to be located on an existing structure which was previously reviewed for Large Scale Broadcast Facility use, where such proposed facility is in accordance with the original project approval, may be required to submit only a Sketch Plan, as described in Section 18.52. 2. A Large Scale Broadcast Facility shall be considered as a Conditional Use in the BP, B-1, B-2 and B-3 districts and subject to Conditional Use Permit review as described in Section 18.53. The City Commission, in approving such a conditional use permit, shall find that the service provided by the proposed facility cannot be adequately received from other properly zoned locations. A Large Scale Broadcast Facility may not exceed the established maximum building height in the BP, B-1, B-2, or B-3 districts. A Large Scale Broadcast Facility shall not be permitted in the AS, RS, R-1, R-2, R-2a, R-3, R-3a, R-4, R-O, and R-MH districts, except as part of a Planned Unit Development reviewed under Chapter 18.54, and only upon a demonstration that the service provided by the proposed facility cannot be adequately received from other properly zoned locations. 3. A Large Scale Broadcast Facility proposed to be located in the Conservation Overlay or Entryway Overlay districts shall require in addition to any other review procedure, a Certificate of Appropriateness. D. The following review procedures shall be utilized in the review of Small Scale Broadcast Facilities. 1. A Small Scale Broadcast Facility shall be considered as a principal use in the M-1, M-2, and PLI districts, provided the facility meets all applicable standards, and shall be reviewed as a minor site plan under the terms of Chapters 18.52 and this chapter. A Small Scale Broadcast Facility proposed to be located on an existing structure which was previously reviewed for either Large or Small Scale Broadcast Facility use, where such proposed facility is in accordance with the original project approval, may be required to submit only a Sketch Plan, as described in Section 18.52. 2. A Small Scale Broadcast Facility shall be considered as a principal use in the B-1, B-2, B-3, and BP districts, provided the proposed installation meets the definition of Stealth installation 44 in Section 18.57.020.B, and provided further, that the facility does not exceed the established maximum building height for the district proposed for such use. A Small Scale Broadcast Facility shall be reviewed as a minor site plan under the terms of Chapters 18.52 and this chapter. A Small Scale Broadcast Facility proposed to be located on an existing structure which was previously reviewed for either Large or Small Scale Broadcast Facility use, where such proposed facility is in accordance with the original project approval, may be required to submit only a Sketch Plan, as described in Section 18.52. A Small Scale Broadcast Facility proposed to exceed the established maximum building height may be permitted upon a determination that the service provided by the proposed facility cannot be adequately received from other properly zoned locations. 3. A Small Scale Broadcast Facility shall be considered as a conditional use in the AS, RS, R-1, R-2, R-2a, R-3, R-3a, R-4, R-O, and R-MH districts and subject to Conditional Use Permit review as described in Section 18.53. All Small Scale Broadcast Facilities in these districts must be Stealth installations, as defined in Section 18.04.1485, and may not exceed the established maximum building height for the district proposed for such use. The City Commission, in approving such a conditional use permit, shall find that the service provided by the proposed facility cannot be adequately received from other properly zoned locations. 4. A Small Scale Broadcast Facility proposed to be located in the Conservation Overlay or Entryway Overlay districts shall require in addition to any other review procedure, a Certificate of Appropriateness. 5. A broadcast facility of less than 500 watts effective radiated power proposed for the sole and exclusive, on-site use of a business, which business has otherwise been approved under Section 18.52, 18.53, or 18.54, and found to be in compliance with the maximum building height limitations of the zoning district, with all setback and other zoning requirements, and which has four or less square feet of total antenna surface area, may be permitted as an accessory use in any non-residential district. E. Submittal requirements for Large Scale and Small Scale Broadcast Facilities. The following information and data shall be submitted for broadcast facility plan review. 1. Site and landscape plans drawn to scale. 2. A report including a description of the tower with technical reasons for its design. 3. Documentation establishing the structural integrity for the tower=s proposed use. 4. The general capacity of the tower, and information necessary to assure that ANSI standards are met. 5. A statement of intent on whether excess space will be leased. 6. Proof of ownership of the proposed site or authorization to utilize it. 7. Copies of any easements necessary. 8. An analysis of the area containing existing topographical contours; and 9. A visual study depicting where within a three mile radius any portion of the proposed tower could be seen. 18.57.040 Standards. A. Safety. The following information shall be provided with all applications to establish or modify a Small Scale Broadcast Facility or Large Scale Broadcast Facility. 1. A statement of whether the proposed facility is exempt or non-exempt from environmental review under the Rules of the FCC. If the facility is claimed to be exempt, a detailed and specific citation to the Rules of the FCC indicating the section which details the relevant exemption provisions shall be included. If the facility is not exempt from environmental review a copy of the environmental review and the approval from the FCC for the site shall be provided to the City of Bozeman prior to the issuance of a building permit. 45 2. If the facility is claimed to be exempt from environmental review a statement shall be provided, under oath and notarized, that the proposed or existing facility does or will comply with FCC radio frequency emission guidelines for both general population/ uncontrolled exposures and occupational/controlled exposures as defined in the FCC rules. The provision of false information shall result in the immediate revocation of permits or approvals granted upon the basis of the false information and the cessation of operation of the offending facilities. 3. A building permit shall be obtained prior to the installation of any telecommunications facility. The structural design for all antenna support structures 10 feet or greater in height or which have attached more than four square feet of total antenna area shall be certified by a professional structural engineer licensed to practice in the State of Montana. 4. All Small Scale Broadcast Facility and Large Scale Broadcast Facility shall meet or exceed current standards and regulations of the FCC, FAA, and any other agency with the authority to regulate towers and antennas. If such standards are changed the owner shall modify the installation to comply with the new standards within 6 months of the effective date of the new standards or regulations unless a different implementation schedule is required by the issuing agency. 5. Towers with a base located at grade shall be enclosed within a secure fence not less than six feet in height or the tower itself shall be equipped with an appropriate anti-climbing device. B. Setbacks/Aesthetics 1. The provisions of this section may be waived by the approval body as determined by Chapters 18.52 or 18.53 where it has been demonstrated that the waiver will result in superior compliance with the intent and purposes of this title. 2. New towers greater than forty feet in height shall accommodate at least three service providers with accompanying area for equipment and access. Where multiple providers will be utilizing the same area and/or support structure, consideration should be given to the provision of a single building or other similar integration of equipment housing. A new tower may meet this requirement by correctly sizing the foundation and other structural elements to allow the future addition of height to the structure to accommodate additional users rather than immediately constructing the entire tower. This requirement will be able to be able to be waived by the governing body upon a showing of fact to overcome the presumption that multiple transmitters are desirable on a tower. 3. An applicant for a new tower in excess of forty feet in height shall demonstrate that there are no available openings on existing facilities which are technically and financially feasible and that a new structure is necessary. A site shall be deemed financially feasible if the cost is equal to or less than the cost of constructing a new tower. 4. All installations shall be as visually unobtrusive as is feasible. FAA and FCC regulations may require visual marking and lighting and may not be overridden by local regulations in this area. Unless otherwise required by the FAA or FCC towers shall be of a galvanized finish or be painted in neutral colors. Facilities and equipment mounted on existing structures shall be visually incorporated into the structure or background by the use of architectural elements, color, screening, or other methods. Installations located within the Conservation Overlay or Entryway Overlay districts shall be reviewed against the criteria of Chapter 18.42 and Chapter 18.43 as applicable. 5. No lighting or signage except a single four square foot business identification sign is allowed unless such lighting or signage is required by the FAA, FCC, or the City of Bozeman. 6. Special setbacks for towers shall be provided and/or a design for internal structural collapse to avoid damage or injury to adjoining property or users shall be provided. a. Residential district setbacks for a Large Scale Broadcast Facility shall be 100 percent of tower height which may be reduced to no less than 50 percent upon the provision and approval of 46 an engineered design, stamped by a professional structural engineer licensed to practice in the state of Montana, establishing a smaller collapse area. b. A Large Scale Broadcast Facility in non-residential zones shall provide a minimum setback from the property lines of 75 percent of tower height which may be reduced to no less than 20 percent of tower height upon the provision and approval of an engineered design, stamped by a professional structural engineer licensed to practice in the state of Montana, establishing a smaller collapse area. All installations shall maintain the minimum zoning district setbacks including special setbacks for entryway corridors. An application for an Large Scale Broadcast Facility located less than 100 percent of the tower height from the property line shall include a narrative addressing the issue of ice fall. 7. All structures shall be constructed in conformance with the most recent version of either the standards of the Uniform Building Code or the Electronics Industries Association and the Telecommunications Industry Association, commonly cited as EIA/TIA 222-E standards. The most rigorous standard shall govern. 8. Visual screening shall be provided in all residential areas and where a facility is located within a non-residential area which is visible, at grade, from a residential area. Screening shall provide an opaque screen within 18 months of establishment and be a minimum of four feet in height. The screening may be of landscape materials or a fence which otherwise complies with the zoning code. The site shall comply with the landscaping provisions of the zoning code as contained in Section 18.50.100. 9. Materials on the exterior of equipment shelters used in residential areas shall be of materials commonly used in the neighborhood. The architectural design of the shelter shall be compatible with surrounding residential structures. The intent of the requirements of this paragraph may be met by providing fencing or other visual screening compatible with the neighborhood, in compliance with all other sections of the code, which will obscure the entire equipment shelter. The screening shall be in place prior to the commencement of operations of the facility. 10. All Small Scale Broadcast Facilities established in one of the recognized historic districts or entry way overlay districts shall be installed in such a way as to maintain the historic or architectural character of the host site. All sites shall maintain the least possible visual obtrusiveness. 11. Applicants for a Small Scale Broadcast Facility or a Large Scale Broadcast Facility in residential areas shall provide an accurate photo simulation of the site with the proposed facility in place. The simulation shall be to scale, and include all feasible antennae depicted on the tower. Landscaping which is not shown or proposed on the accompanying site plan shall not be included in the simulation unless it exists on adjoining properties. C. Administrative 1. An inventory of existing sites utilized by the applicant shall be provided. The inventory shall note the feasibility of accommodating other users. The City may share this information with other applicants or interested parties to encourage co-location. 2. The public land and agencies exemption from full compliance with zoning in Section 76-2-402, Montana Code Annotated does not apply to private entities utilizing publicly owned lands. 3. All facilities shall be removed within 9 months of the cessation of operations. If a facility is not removed within 9 months the City shall remove the facility at the facility or land owners expense. Where multiple users share a facility the non-operational antennae shall be removed but any common equipment may be retained until all users have terminated the utilization of the site. 4. Any emergency power supply or other equipment installed at the facility must comply with Section 18.50.035.I, Noise. 47 5. No facilities may be established in residential areas which require employees to be present on a routine basis, with the exception of periodic maintenance activities, unless the zone allows offices as a permitted or conditional use and appropriate review has been completed. 6. Failure to comply with the terms of the zoning ordinance shall be grounds for facilities to be removed by action of the City at the owners expense. 7. Any modifications to existing broadcast sites may only occur in compliance with the review procedures required in 18.57.030. 8. Denial of an application shall be made only after the review body has determined that specific criteria of this title can not be met. Said determination shall be made in writing and shall include the reasons for the denial and the evidence which supports those reasons. Public opposition alone is not sufficient to deny the application. Chapter 18.58 PLAN APPEALS PROCEDURE Sections: 18.58.010 Definitions. 18.58.020 Application of appeal procedures. 18.58.030 Appeal of final decision permitted. 18.58.040 Filing of notice of appeal. 18.58.050 Notice of appeal. 18.58.060 Record on appeal. 18.58.070 Scheduling of the hearing. 18.58.080 Procedure of the hearing. 18.58.090 Alternative actions available to the appellate body. 18.58.010 Definitions. The following words, terms and phrases, when used in this chapter, shall have the following meanings: "Aggrieved person" means a person who has a specific, personal and legal interest in the final decision of an agency, board or commission, as distinguished from a general interest such as is the concern of all members of the community, and which interest would be specifically and personally prejudiced by the decision or benefited by its reversal. "Appellant" means an aggrieved person who has taken an appeal from an agency, board or commission to another body designated herein by the filing of a notice of appeal. "Applicant" means the person who or organization which submitted the application to the agency, board or commission whose decision has been appealed. "Final decision" means the final action of an agency, board or commission when no further action is available before such agency, board or commission. 18.58.020 Application of appeal procedures. Appeals from agencies, boards and commissions to other agencies, boards and commissions of city government or the courts are set forth in the various sections of this title. Said appeals are permitted under the provisions of this section in the manner set forth herein. A. Boards and Agencies. These appeal procedures shall apply to the decisions brought forth by the following: 1. Development review committee (DRC); 48 2. Design review board (DRB); 3. Administrative design review staff (ADR). B. Order of Appeals. Appeals from any board or agency shall follow the following order: 1. DRC to city commission; 2. DRB to city commission; 3. ADR to city commission, upon consideration and comment by the DRB; 18.58.030 Appeal of final decision permitted. An aggrieved person may appeal the final decision of any agency, board or commission to which this appeal procedure applies in the manner provided in this chapter. 18.58.040 Filing of notice of appeal. A. An appeal shall be taken by filing with the planning director a notice of intent to appeal by noon on the Friday following the final decision of the agency, board or commission to which this section applies, and a documented appeal within seven calendar days of the final decision of the agency, board or commission to which this section applies. Such notice of intent to appeal shall include the following: 1. The action of the agency, board or commission which is the subject of the appeal; 2. The date of such action; 3. The name, address, telephone number and relationship of the appellant to the subject of the action of the agency, board or commission. B. The documented appeal shall include in addition: The grounds for the appeal, including specific allegations to be considered on appeal. 18.58.050 Notice of appeal. Notification of appeal procedures shall be included in the initial posting and notice of the proposal, provided that an initial posting and notice is required by Chapter 18.52. Once a documented appeal has been filed, the property in question will be posted and notice of the appeal hearing provided to the Bozeman Chronicle. 18.58.060 Record on appeal. Any appeal shall be an appeal on the record of the hearing before the agency, board or commission. The record provided to the appeal body shall include the following: A. Detailed minutes of the proceedings before the agency, board or commission from which the appeal has been taken; B. All exhibits, including, without limitation, all writings, drawings, maps, charts, graphs, photographs and other tangible items received or viewed by the agency, board or commission at the proceedings; C. A verbatim transcript of such proceedings before the agency, board or commission, or any portion thereof, at the option and expense of any aggrieved party. 18.58.070 Scheduling of the hearing. The dates, times and locations for hearing appeal(s) before the appropriate body(s) shall be included in the reposting of the property in question, and in the notice of the appeal hearing provided to the Bozeman Chronicle. 18.58.080 Procedure of the hearing. 49 A. At the hearing on the appeal, the following procedure shall be followed: Only arguments and evidence relevant to the grounds shall be presented. The presentation of arguments on the merits of the appeal shall be made in the following order, subject to such limitations, in time and scope as may be imposed at the discretion of the presiding officer: 1. Explanation of the nature of the appeal and presentation by planning staff, 2. Presentation of argument by the appellant and any person in support of the appellant; 3. Presentation or argument by any person who is an opponent of the appeal; and 4. Motion, discussion and vote by the appellate body. B. No person making a presentation shall be subject to cross-examination except that members of the appellate body and the city attorney may inquire of such person for the purpose of eliciting information and for the purpose of clarifying information presented. 18.58.090 Alternative actions available to the appellate body. The appellate body shall consider an appeal based upon the record on appeal and relevant provisions of this title. Only evidence relevant to the grounds for the appeal shall be heard. At the conclusion of such hearing, the appellate body shall uphold, overturn or modify the decision of the agency or board. Appeals will be granted upon finding that such order, requirement, decision or determination made by the agency or board is erroneous and contrary to this title or of any ordinance adopted pursuant thereto. Chapter 18.62 ADMINISTRATION, PERMITS AND FEES Sections: 18.62.010 Administration and enforcement - Planning director authority. 18.62.020 Planning director and building official - Plan application checking- Notice of noncompliance. 18.62.030 Building permit requirements. 18.62.040 Permit issuance - Conformity with regulations required. 18.62.050 Permits issued contrary to title deemed void. 18.62.060 Expiration of permits. 18.62.070 Stop-work order - Planning director and/or building official authority. 18.62.080 Enforcement - Planning director. 18.62.090 Building permits and installation of improvements. 18.62.100 Fee schedule. 18.62.010 Administration and enforcement-Planning director authority. A. The planning director, or his/her designated representative, shall administer and enforce this title. He/she may be provided with the assistance of such other persons as the planning director may direct and those assistants shall have essentially the same responsibilities as directed by the planning director. B. If the planning director shall find that any of the provisions of this title are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, illegal additions, alterations, or structural changes; discontinuance of any illegal work 50 being done; or shall take any other action authorized by this title to insure compliance with or prevent violation of its provisions. 18.62.020 Planning director and building official-Plan application checking-Notice of noncompliance. A. It is the intent of this title that the planning director and building official, or their designees, shall check all plans and applications for permits for compliance with this title both before and during construction. B. If, during this procedure, the planning director and/or the building official deems that the proposed plan or construction does not comply with this title, he shall inform the applicant of the infraction and shall stop all construction on the project until such time as the applicant, builder or principal revises his plan to conform to this title and/or fulfills the requirements of any mandated review procedure(s) as set forth in this title. 18.62.030 Building permit requirements. 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 chapter. A. Building Permit. Within the limits of the city building permits shall be obtained by following the latest version of the Uniform Building Code (International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California) adopted by the city. B. The building permit shall be obtained by application to the city building official. Applications shall be accompanied by plans in duplicate, drawn to scale showing the actual dimensions and shape of the lot to be built upon, the legal description of the parcel; the exact sizes and location on the lot(s) of buildings already existing, if any; the location and dimensions of the proposed buildings or alternatives, and two copies of the approved site plan or sketch plan as approved under Chapters 18.52, 18.53, 18.54, etc. of this title. C. One copy of the plans shall be returned to the applicant after the building official and planning director have marked each copy either as approved or disapproved and attested to same by their signatures. The second copy similarly marked shall be retained by the building division. D. Approval of any plan that has been granted based upon false information provided by the applicant shall be deemed void. 18.62.040 Permit issuance - Conformity with regulations required. No permit, or license of any type shall be issued unless in conformance with the regulations contained within this title. Permits issued on the basis of plans and applications approved by the building official and planning director authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this title, punishable as provided in Chapter 18.70. 18.62.050 Permits issued contrary to title deemed void. Any building permit, or any authorization issued, granted, or approved in violation of the provisions of this title shall be null and void and of no effect without the necessity of any proceedings or a revocation or nullification thereof, and any work undertaken or use established pursuant to any such building permit or other authorization shall be unlawful. 18.62.060 Expiration of permits. Every permit issued by the building official under the provisions of this title shall expire by limitation and become null and void if the building or work authorized by such permit has not 51 commenced within one hundred eighty days from the date of such permits, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty days. Before such work can be recommenced, a new permit shall first be obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for the work; and provided further that such suspension or abandonment has not exceeded one year. 18.62.070 Stop-work order - Planning director and/or building official authority. Whenever any building work is being done contrary to the provisions of this title, the planning director and/or building official shall order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the planning director and/or building official to proceed with the work. 18.62.080 Enforcement - Planning director. This title shall be enforced by the planning director and his authorized representatives. No building permit or business or occupational use license shall be issued, except in compliance with the provisions of this title. 18.62.090 Building permits and installation of improvements. The purpose of this section is to establish the requirements for the scheduling and installation of all on-site and off-site improvements which are required as per the standards set forth in this code, or which are required as a result of any conditions which may be applied to the approval of any project through the appropriate review process. Such improvements may include but are not limited to design elements such as landscaping, parking facilities, storm drainage facilities, architectural features, pedestrian walkways, and public utilities. A. 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. 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. B. A building permit must be obtained within one year of final site or sketch plan approval. Building permits will not be issued until the final site or sketch plan is approved. C. At the time of final site plan approval, the applicant shall enter into an improvements agreement with the city. Detailed cost estimates and construction plans of all required on-site and off-site improvements shall be made a part of the agreement. D. No building permit shall be issued for any building or use for which site plan or sketch plan approval is required unless such approval has been obtained. Except as provided for in subsection E of this section, no occupancy shall be permitted or certificate of occupancy issued unless the terms and details of an approved site or sketch plan are met. The DRC and/or ADR or their representative shall conduct an "as-built" inspection to verify compliance and shall sign off on a certificate of occupancy if all terms and details of the approval are complied with. E. If occupancy of the structure or commencement of the use is to occur prior to installation of the required improvements, the improvements agreement, described in subsection C above, must be secured by a method of security equal to one and one-half times the amount of the estimated 52 cost of the scheduled improvements not yet installed. The method of security shall be valid for a period of not less than twelve months; however, all on-site and off-site improvements shall be completed by the applicant within nine months of occupancy or the security shall be forfeited to the city for the purpose of installing or contracting for the installation of the required improvements. F. In those instances where occupancy is to occur before the installation of all required improvements, the DRC and/or ADR shall determine which, if any, of the required improvements must be installed prior to occupancy. Such determinations shall be based on a finding that unsafe or hazardous conditions will be created or perpetuated without the installation of certain improvements or that the property will have an unacceptable adverse impact on adjoining properties until such improvements are installed. G. When all provisions are met for occupancy of a facility or commencement of a use prior to the installation of all improvements, the building official may issue a temporary certificate of occupancy which allows occupancy of the facility on a temporary basis for a period not to exceed nine months. When all required improvements are installed in compliance with all terms and details of the site or sketch plan approval, the temporary occupancy permit shall be withdrawn and a permanent certificate of occupancy shall be issued according to the provisions of this chapter. 18.62.100 Fee schedule. A. The city commission shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, appeals, and other matters pertaining to this title. The schedule of fees for the procedures listed below shall be set from time to time by the city commission by resolution. The fees shall be posted in the office of the planning director and may be altered or amended only by the city commission. 1. Zone map change; 2. Zone code amendment; 3. Variance; 4. Planned unit development; 5. Site plan review: Major and minor; Chapter 18.65 BOZEMAN SIGN CODE Sections: 18.65.010 Intent and purposes. 18.65.020 Definitions and interpretation. 18.65.030 Sign permit requirements. 18.65.040 Prohibited signs. 18.65.050 Permitted temporary and special event signs. 18.65.060 Signs exempt from permit requirements. 18.65.070 Signs permitted upon the issuance of a sign permit. 18.65.080 Comprehensive sign plan. 18.65.090 Multitenant complexes with less than one hundred thousand square feet of ground floor area. 18.65.100 Multitenant complexes with more than one hundred thousand square feet of ground floor area. 18.65.110 Indoor shopping mall complexes with more than one hundred thousand square feet of ground floor area. 18.65.120 Illumination. 53 18.65.130 Street vision triangles. 18.65.140 Required address signs. 18.65.150 Billboards. 18.65.160 Historic or culturally significant signs. 18.65.170 Application. 18.65.180 Maintenance of permitted signs. 18.65.190 Nonconforming signs. 18.65.200 Violation. 18.65.010 Intent and purposes. It is the intent and purpose of this code to promote the health, safety and welfare of the residents and visitors of the city of Bozeman by regulating and controlling the size. location, type, quality Of materials, height, maintenance and construction of all signs and sign structures not located within a building for the following reasons: A. To preserve the Bozeman area's natural scenic beauty; B. To contribute to inviting entrances into Bozeman by eliminating clutter associated, in part, with the unrestricted proliferation of signs, lights, and stringed devices C. To encourage area beautification through creative, interrelated design of signage, landscaping, buildings, access and parking that enhances the com-unity's built and natural environment: D. To give all businesses an equal opportunity to have a sign that will help people find the services they need; F. To ensure that pedestrians and motorists are protected from damage or injury caused or partly attributable to the distractions and obstructions which are caused by improperly situated signs. The city commission intends to provide a reasonable balance between the right of an individual to identify its business and the right of the public, to be protected from the visual discord that results from the unrestricted proliferation of signs. Sections 18.42.080 and 18.43.080 establish certain exemptions, and alternative procedures utilizing; design review by the design review board (DRB). The deliberations and decisions of the DRB shall be directed to accomplish the intent and purpose of this section. It is determined that the regulations contained herein are the minimum necessary to further the interests of this code. 18.65.020 Definitions and interpretation. Words and phrases used in this chapter shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in this title shall be given the meanings set forth herein. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this chapter. "Anchor tenant" means a tenant within a retail shopping center or complex which utilizes 20,000 or more square feet of ground floor area in one or more structures. "Area of signs" means that the area of a sign shall be computed by enclosing the entire area within any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, figure, or character together with any other material or color forming an integral part of the display or used to differentiate such sign from a building on which it is placed. The area of a sign having no such perimeter shall be computed by enclosing the entire area within parallelograms, triangles, or circles in a size sufficient to cover the entire area of the sign copy and computing the size of such area. In the case of a two-sided sign, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. If the angle between the two sign faces is greater than forty-five degrees, the sign area 54 will be the sum of the areas of the two faces. The supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the sign. In the case of any spherical, conical, or cylindrical sign one half of the total surface area shall be computed as the area of the sign. "Awning" means a roof-like structure, which is generally composed of a skeletal frame, covered in a fabric or other skin-type material, and typically open on the bottom side, which projects beyond a building or extending along and projecting beyond the wall of the building. For the purposes of this ordinance a sign on an awning shall be considered to be a wall sign. "Banner" means any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National, state or municipal flags, or the official flag of any institution or business shall not be considered banners. "Beacon" means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move. "Building frontage" means the maximum dimension of the building front measured on a straight line parallel to the street. "Canopy" means any open, permanent roof-like accessory structure which is not attached or part of a principal building. For the purposes of this chapter, a sign located on a canopy shall be considered a wall sign. "Commercial message" means any sign wording, logo, or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service, or other commercial activity. "Directional sign" means an on-premise sign which is intended to convey information regarding the location of specific features of the site or to convey on-premise regulations including traffic and circulation regulations. "Freestanding sign" means any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. "Height of low profile sign" means the vertical distance between the finished grade and the highest component of the sign. "Height of pole style sign" means the vertical distance between the elevation of the adjacent street curb, or edge of pavement if no curb exists, to the highest attached component of the sign. In the event that the finished grade of the sign location is higher, or lower, than the adjacent street curb or edge of pavement, the height shall be determined as the vertical distance from the median elevation between the adjacent street curb or edge of pavement and the lowest finished grade at the base of the sign to the highest attached component of the sign. "Incidental sign" means a sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message which is designed with the intent to be legible from a position off the zone lot on which the sign is located shall be considered incidental. "Interchange zone" means districts created for the purpose of allowing larger and/or additional signage for the areas adjacent to the I-90 interchanges at East Main Street, North 7th Avenue, and North 19th Avenue which are located within the Entryway Overlay District, B-2 District, and within 1,300 feet of the I-90 right-of-way. "Low-profile sign" means a freestanding sign composed of a solid structure between finished grade and the top of the sign. Also referred to as a monument sign. 55 "Noncommercial speech" means any sign wording, logo, or other representation that does not, directly or indirectly, name, advertise, or call attention to a business, product, service, or other commercial activity. "Nonconforming sign" means a sign that does not conform to the provisions of this chapter. "Off-premise sign" means a sign which advertises or directs attention to products or activities that are not provided on the parcel upon which the sign is located. "Parapet" means that part of the wall which extends above the roof. For the purposes of this chapter, the top of the parapet shall be considered to be the roofline. "Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. "Pole sign" means a freestanding sign which is supported by a column(s) or other structural member(s) that is permanently attached to the ground or a ground-mounted structure and provides a minimum of eight feet of visible, vertical clearance between the sign and finished grade. "Portable sign" means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business. "Projecting sign" means any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall and is perpendicular to such building or wall. "Revolving sign" means any sign which all, or a portion of, may rotate either on an intermittent or constant basis. "Roof sign" means any sign erected and constructed on and over the roof of a building, supported by the roof structure, and 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 chapter, architecturally integrated mansard signs and other architecturally integrated signs located below the principal roof line shall be classified as wall signs. "Setback" means the distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line. "Shopping mall" means a multi-tenant retail structure where tenants are located on both sides of a covered walkway with direct pedestrian access to all establishments from the walkway. "Sign" means any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. "Special event sign" means a temporary sign which advertises special civic events and activities such as street fairs, community festivals, parades, farmers markets and charity benefits. "Street" means a strip of land or way subject to vehicular traffic (as well as pedestrian traffic) that provides direct access to property, including, but not limited to, avenues, boulevards, courts, drives, highways, lanes, places, roads, or other thoroughfares, but not including alleys or driveways. "Temporary sign" means any sign that is used only temporarily and is not permanently mounted. "Wall sign" means any sign painted on, attached to, or erected against the wall of a building, structure, canopy or awning with the exposed face of the sign parallel to the plane of said wall or 56 structure. The sign must be attached in a manner so that it does not extend beyond six inches of the wall. "Window sign" means any sign painted, attached, glued, or otherwise affixed to a window for the purpose of being visible from the exterior of the building. "Zone lot" means a parcel of land or contiguous parcels of land held in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage and use. 18.65.030 Sign permit requirements. If a sign requiring a permit under the provision of this chapter is to be placed, constructed, erected, or modified on a zone lot, the owner of the lot shall secure a sign and building permit prior to the construction, placement, erection, or modification of such a sign. Furthermore, the property owner shall maintain in force, at all times, a permit for such sign. No permit of any kind shall be issued for an existing sign or proposed sign unless such sign is consistent with the requirements of this chapter. 18.65.040 Prohibited signs. All signs not expressly permitted under this chapter, or exempt from regulation, are prohibited in the city. Such signs include, but are not limited to: A. Portable signs; B. Roof signs; C. Revolving signs; D. Beacons; E. Flashing signs; F. Pennants; G. Stringed flags: H. Inflatable signs and tethered balloons: (except as permitted per 18.65.050.) I. Signs located in public rights-of-way (except for those permitted in Sections 18.65.060C and 18.65.070(D)(4)). 18.65.050 Permitted temporary and special event signs. Temporary and special event signs, such as banners, tethered balloons and inflatable signs, shall be allowed only as follows: A. Special event signs are permitted in the zones described in Sections 18.65.070.A and 18.65.070.B. B. Such signs shall be displayed for a consecutive period not to exceed fifteen days, for a maximum of thirty days per year with the exception of grand opening banners which may be displayed for a period not to exceed sixty days. Only one grand opening banner shall be permitted for the life of a business. A subsequent grand opening banner may be permitted when business ownership has transferred to another owner. C. Such banners shall be consistent with the standards of this chapter as to location, height, and type. D. Applicants for such banners must apply for, and have approved, a temporary sign permit. 18.65.060 Signs exempt from permit requirements. The following signs shall be exempt from regulation under this chapter. A. Residential Zones (A-S, R-S, R-1, R-2, R-2a, R-3, R-3a, R-4, R-MH). Temporary, nonilluminated, real estate sale, and noncommercial speech signs that do not exceed nine square feet in total area and, if freestanding, five feet in height. No more than one such sign per street frontage. 57 B. Commercial and Manufacturing Zones, (R-O, B-1, B-2, B-3, M-1, M-2, BP, PLI, HMU). 1. Window signs painted on the window or affixed to the interior of a window provided that such signs do not occupy more than twenty-five percent of the area of the window in which it is displayed. If it exceeds twenty-five percent of the area of the window, it will be classified as a wall sign. 2. Signs within a structure or building or other enclosed area of property when such signs are not intended to be viewed from outside the structure or property. 3. Four on-premises directional signs not exceeding four square feet in area which shall not contain any commercial messages. C. All Zones. 1. Government and Public Utility Signs. Directional, warning, street, building identification, traffic control, informational or temporary special event signs that are erected, installed, or placed by or on behalf of any federal, stare, county, or city government. Public utility signs showing locations of underground facilities or public telephones, and safety signs on construction sites are included within this exemption. 2. Incidental Signs. A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," and other similar directives. No sign with a commercial message which is designed with the intent to be legible from a position off the zone lot on which the sign is located shall be considered incidental. 18.65.070 Signs permitted upon the issuance of a sign permit. The following on-premise signs are permitted in the indicated zones subject to a sign permit: A. Commercial, Manufacturing, and Public Land Zones ( B-2, B-3, M-1, M-2, BP, PLI, HMU) A lot in a B-2 district is permitted total signage not to exceed four hundred square feet. The maximum allowable total signage in the other districts listed herein shall not exceed two hundred and fifty square feet per lot. A comprehensive sign plan is required for all commercial centers consisting of two or more tenant spaces on a lot and shall be designed in accordance with Section 18.65.080. 1. Freestanding Signs. One freestanding sign is permitted per zoned lot. The maximum area for a freestanding sign shall be thirty-two square feet. A low profile freestanding sign shall be set back a minimum of five feet with a maximum height of five feet. A pole-style freestanding sign shall be set back a minimum of fifteen feet with a maximum height of thirteen feet. The pole-style sign will maintain at least an eight feet minimum vertical clearance from the ground. 2. Wall Signs. Wall signs are not to exceed a total signage allowance of one and one half square feet per linear foot of building frontage minus any area devoted to freestanding or projecting signs. Canopy, window, and awning signs shall be classified as wall signs. Wall signs shall not project above the top of a wall or parapet. Lots fronting on two or more streets shall be permitted an additional thirty-five percent of the already permitted wall sign area for each subsequent building frontage. 3. Projecting Signs. One projecting sign per tenant. Projecting signs shall not exceed eight square feet in area nor extend more than four feet from the building. Projecting signs shall provide a minimum sidewalk clearance of eight feet. B. Business and Office Zones (B-1, R-O) The maximum allowable total signage for a lot shall not exceed eighty square feet in a B-1 district, and thirty-two square feet in a R-O district. A comprehensive sign plan is required for all commercial centers consisting of two or more tenant spaces on a lot. Such plans shall be designed in accordance with Section 18.65.080. 1. Low Profile Freestanding Signs. One low profile sign not to exceed thirty-two square feet in area in the B-1 district, and twelve square feet in area in the R-O district. In both the B-1 and the 58 R-O districts, the low profile sign shall have a minimum setback of five feet and a maximum height of five feet. Pole-style freestanding signs are not permitted in the B-1 and R-O zones. 2. Wall Signs. Wall signs in the B-1 district are not to exceed a total signage allowance of one square foot per linear foot of building frontage minus any area devoted to freestanding or projecting signs. Wall signs in the R-O district are not to exceed a total signage allowance of half of a square foot per linear foot of building frontage minus any area devoted to freestanding and/or projecting signs. Canopy, window, and awning signs shall be classified as wall signs. Wall signs shall not project above the top of a wall or parapet. Lots fronting on two or more streets shall be permitted an additional thirty-five percent of the already permitted wall sign area for each subsequent building frontage. 3. Projecting Signs. One projecting sign per tenant. Projecting signs shall not exceed eight square feet in area nor extend more than four feet from the building. Projecting signs shall provide a minimum sidewalk clearance of eight feet. C. Residential and Agricultural Zones (A-S, R-S, R-1, R-2, R-2a, R-3, R-3a, R-4, R-MH) 1. Subdivision Identification Signs. For residential subdivisions consisting of more than four residential units, one low profile, freestanding, neighborhood identification sign per development entrance. Each sign shall not exceed sixteen 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. 2. Residential Building Identification Signs. For properties used for multi-family residential buildings, one residential identification wall sign per street frontage. Each sign shall not exceed eight square feet in area. 3. Signs Appurtenant To Residential Principal and Conditional Uses and Home Occupations. a. Principal residential uses and Home Occupations shall be permitted commercial message signage not to exceed four square feet in area and shall not be located in any required setback area. In addition, Home Occupations shall be permitted one square foot signs on a mailbox or lamp post or one and one half square feet of freestanding signage located a minimum of five feet from the property line. b. Principal residential uses shall be permitted noncommercial speech signs which do not exceed thirty square feet in area nor five feet in height. Such sign(s) must be setback at least fifteen feet from the property line. c. Conditional nonresidential type uses, such as churches, veterinary uses, golf courses, day care centers and schools shall be permitted signage as if the underlying zoning were B-1. Conditional residential type uses such as bed and breakfast homes, and fraternity and sorority houses, shall be permitted signage as if the underlying zoning were R-O. Such signs may only be illuminated during the hours of operation. 4. Planned Unit Developments. Commercial establishments within planned unit developments where the underlying zoning is residential or agricultural shall be permitted signage as if the lot were in a B-1 zone. D. Special Districts And Zones The guidelines for the underlying zoning districts apply unless otherwise addressed below. 1. Neighborhood Conservation Overlay District. Within this district, all signage is subject to issuance of a Certificate of Appropriateness. If the applicant is not requesting sign deviations, the sign application will be reviewed by ADR staff. If the applicant is requesting deviations, the sign application shall be subject to review by the Design Review Board and the City Commission. 2. Entryway Overlay District. Signage may exceed the underlying zoning district limitations by up to 20% upon review and approval by the City Commission, upon the recommendation of the Design Review Board, and upon receipt of a Certificate of Appropriateness. 3. Interchange Zone. Signage may exceed the maximum total sign area permitted by Section 18.65.070 by up to 25% upon review and approval by the City Commission, upon the 59 recommendation of the Design Review Board, and upon receipt of a Certificate of Appropriateness. Each lot shall be permitted one freestanding sign. a. Low Profile Signs. One low profile sign per zoned lot. The maximum area for a low profile sign shall be forty square feet. The sign shall be setback a minimum of five feet with a maximum height of eight feet. b. Pole-Style Signs. A pole-style freestanding sign shall be set back a minimum of fifteen feet and will maintain at least an eight feet minimum vertical clearance. Pole-style signs shall not exceed a total area of forty square feet or sixteen feet in height, provided however, that for every two feet said sign is set back from fifteen beyond the street right-of-way, the height measured at grade may be increased one foot, not to exceed a total of thirty-two feet, and the area may be increased by two and one half square feet for every two feet that said sign is set back fifteen feet beyond the street right-of-way up to a maximum of one hundred and twenty square feet. 4. Main Street Historic District. Permits for signs that encroach into the public right-of-way shall be obtained from the City Manager=s office in City Hall. 18.65.080 Comprehensive sign plan. A comprehensive sign plan shall be submitted for all commercial, office, industrial, and civic uses consisting of two or more tenant or occupant spaces on a lot or two or more lots subject to a common development permit or plan. A comprehensive sign plan shall not be approved unless it is consistent with this chapter, the underlying zoning regulations applicable to the property and any discretionary development permit or plan for the property. The plan should include the size and location of buildings and the size and location of existing and proposed signs. The purpose of the plan is to coordinate graphics and signs with building design. The coordination shall be achieved by: A. Using the same type of cabinet supports or method of mounting for signs of the same type; using the same type of construction for components, such as sign copy, cabinet and supports; using other types of integrating techniques, such as common color elements, determined appropriate by the planning director. B. Using the same form of illumination for all signs, or by using varied forms of illuminations determined compatible by the planning director. 18.65.090 Multitenant complexes with less than one hundred thousand square feet of ground floor area. The guidelines for the underlying zoning districts apply unless otherwise addressed below: The maximum permitted wall sign area allowed for each tenant space shall be the percentage of the total floor area on the zoned lot that the tenant occupies multiplied by the wall area allowed by Section 18.65.070(A)(2) or Section 18.65.070(B)(2). If the lot has more than one building frontage, the individual tenant space may derive sign area only from the frontage(s) which the space faces. Lots under this section shall be allowed a low profile sign that identifies the complex, which otherwise conforms to this chapter, in addition to the sign area already permitted under Section 18.65.070 (A)(2)or Section 18.65.070(B)(2). 18.65.100 Multitenant complexes with more than one hundred thousand square feet of ground floor area. The guidelines for the underlying zoning districts apply unless otherwise addressed below,: A. Freestanding Signs. 1. Pole-Style Signs. One pole-style sign per street frontage not to exceed forty-eight square feet in area or sixteen feet in height. The sign area computed for a pole-style sign shall not be 60 subtracted from the maximum allowable wall signage permitted for the entire complex. 2. Low-Profile Signs. One low-profile sign shall be permitted at each secondary entrance of the complex, provided each sign shall not exceed thirty-two square feet in area, not five feet in height, and must be setback a minimum of five feet from the property lines. All low-profile signs shall only identify the complex and must display the street number address in figures which are at least six inches high. Low profile signs complying with these regulations will not be factored when calculating the maximum permitted wall sign area. B. Wall Signs. Each tenant shall be permitted wall signage square footage calculated from one and one-half times the linear store frontage. 18.65.110 Indoor shopping mall complexes with more than one hundred thousand square feet of ground floor area. The guidelines for the underlying zoning districts apply unless otherwise addressed below: A. Freestanding Signs. l. Pole-Style Signs. One pole-style sign per street frontage not to exceed forty-eight square feet in area or sixteen feet in height. The sign area computed for a pole-style sign shall not be subtracted from the maximum allowable wall signage permitted for the entire complex. 2. Low-Profile Signs. One low-profile sign shall be permitted at each secondary entrance of the complex, provided each sign shall not exceed thirty-two square feet in area, nor five feet in height, and must be setback a minimum of five feet from the property lines. All low-profile signs shall only identify the complex and must display the street number address in figures which are at least six inches high. Low profile signs complying with these regulations will not be factored when calculating the maximum permitted wall sign area. B. Wall Signs. Each anchor tenant shall be permitted three hundred square feet of wall signage. Each tenant with an exclusive outdoor customer entrance shall be permitted wall signage square footage calculated from five percent of the ground floor area. 18.65.120 Illumination. Illumination, if any, shall be provided by artificial light which is constant in intensity and color. Internally illuminated "can signs" are acceptable provided background and copy are coordinated to avoid excessive light output. Neon and other gas type transformers shall be limited to sixty milliamperes and fluorescent transformers shall be limited to eight hundred milliamperes to soften light output. Additionally, neon and other gas type signs with exposed tubing shall be equipped with dimmers. 18.65.130 Street vision triangles. Signs shall not be placed in sight vision triangles as they are defined in Section 18.50.090 of the Bozeman Zoning Ordinance. 18.65.140 Required address signs. Street numbers shall be required for all residential, commercial, industrial, and civic uses in all zones, consistent with the requirements of the city fire department. All freestanding signs shall display the address of the lot in six-inch numbers. 18.65.150 Billboards. Off-premises commercial advertising signs are not permitted within the Bozeman city limits except as permitted by state, or federal, law. 18.65.155 Signs erected in conjunction with non-profit activities on public property. 61 Signs erected on public property in support of non-profit activities, such as signs advertising sponsors of youth and sports activities, shall be allowed only as follows: A. The sign(s) shall be permitted only at developed facilities in public parks or other publicly owned lands. B. The sign(s) may be erected two (2) weeks prior to the commencement of the activity and shall be removed within two (2) week after the cessation of the activity for which the sign(s) were erected. C. Each individual sign shall be no larger than thirty-two (32) square feet. Freestanding signs must be setback a minimum of fifteen (15) feet from the property line with a maximum height of five (5) feet. Signs attached to walls or scoreboards shall not be subject to the five (5) foot height limitation. However, signs attached to walls or scoreboards shall not exceed the height of the wall or scoreboard to which they are attached. All signs shall be oriented towards spectators attending the activity who are at the facility. D. The sign(s) shall not: 1. advertise alcoholic beverages or tobacco products; 2. be individually illuminated; nor 3. be placed in sight vision triangles or otherwise impede or obstruct the view of the traveling public. E. Applicants for such sign(s) must apply for, and have approved, a special temporary sign permit detailing the nature of the sign(s) to be erected and the duration the sign(s) will remain in place. Applications and review procedures shall be made as per Section 18.50.140. 18.65.160 Historic or culturally significant signs. Signs which have historical or cultural significance to the city but do not conform to the provi- sions of this chapter, maybe permitted provided that the city commission adopts findings supporting the historical or cultural significance of the sign and issues a sign permit. Such findings shall be adopted by resolution of the city commission and the design review board. 18.65.170 Application. An application for a sign shall be made on forms provided by the planning office. The application shall contain sufficient information and plans to permit review pursuant to this chapter, including but not limited to: building elevations; photographs; proposed locations of signs on building elevations; sign design layout showing number, types, and dimensions of all signs, and a site plan showing proposed location of all signs. An applicant may appeal the denial of permit request pursuant to the provisions of Chapter 18.58. 18.65.180 Maintenance of permitted signs. All signs shall be continuously maintained in a state of security, safety and repair, If any sign is found not to be so maintained or is in need of repair, it shall be the duty of the owner and the occu- pant of the premises to repair or remove the sign within ten days after receiving written notice to do so from the planning director. If the sign is not so repaired or removed within such time, the planning director shall cause the sign to be removed at the expense of the owner of the premises. 18.65.190 Nonconforming signs. A. The eventual elimination of existing signs that are not in conformity with the provisions of this chapter is as important as the regulation of new signs. Except as otherwise provided herein, the owner of any zone lot or other premises on which exists a sign that does not conform with the requirements of this chapter and for which there is no prior, valid sign permit shall remove such 62 sign. B. All signs which were legally permitted prior to June 22, 1997, are considered legal, permitted signs under this chapter. Except as provided for in subsection C of this section, said sign, if nonconforming with this chapter, may not be: 1. Replaced except with a conforming sign; 2. Changed in copy (except for signs specifically designed to be changed in copy); 3. Structurally altered to extend its useful life; 4. Expanded, moved, or relocated. C. No legal, nonconforming sign may be altered or enlarged in any way which increases its nonconformity, but any existing signage, or portions thereof, may be altered by decreasing its nonconformity (except w provided in subsection D of this section). D. Any lot with a nonconforming sign may not add additional signage until all signs on the lot are brought into conformance with this chapter. Any site modification that requires a certificate of appropriateness, site plan review or reuse application will necessitate compliance for all existing and proposed signage on the lot. 18.65.200 Violation. A. Upon discovery of any violation of this chapter, city officials authorized to enforce this chapter shall notify in writing the owner or lessee of such violation, who shall be required to correct the violation within the time specified on the written notice. B. Failure to comply with this chapter after being duly notified shall result in any or all of the following actions by the zoning officer or any authorized city official on behalf of the city: 1. Maintain a civil action to prevent an unlawful sign use from occurring, to prevent its continuance or to restrain, correct, or abate any violation of this chapter; 2. Directly issue and/or submit to the proper court for filing and processing an appropriate complaint charging an ordinance violation. C. Any person owning, leasing, erecting, or controlling any sign in violation of the provisions of this chapter shall be guilty of a misdemeanor. Each day that the violation exists shall constitute a separate offense. Chapter 18.70 VIOLATION, PENALTIES AND SEPARABILITY Sections: 18.70.010 Complaints of alleged violations - Filing and recording. 18.70.020 Violation - Penalty - Assisting or abetting - Additional remedies. 18.70.010 Complaints of alleged violations - Filing and recording. Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof, shall be filed with the planning director. He shall record properly such complaint and immediately investigate and take action thereon as provided by this title. 18.70.020 Violation - Penalty - Assisting or abetting - Additional remedies. A. Violation of the provisions of this title or failure to comply with any of its requirements including violations of conditions and safeguards established in connection with the grant of variances or conditional uses or any of the requirements for conditions imposed by the 63 development review committee, design review board and/or city commission shall constitute a misdemeanor. Any person who violates this title or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars or imprisoned not more than six months, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense and punishable as such. B. The code compliance officer is authorized to issue a notice to appear under the provisions of MCA 46-6-310 to any violator of this title. C. The owner or tenant of any building. structure, premises, or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists or maintains, such violation may each be found guilty of a separate offense and suffer the penalties herein provided. D. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.