HomeMy WebLinkAboutOrdinance 57- 796, Establishes Minimum Standards and Procedure in Addition to Those Required by Law for Platting or Annexing Territory Within City
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ORDINANCE NO. 796
AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA ESTABLISHING MINIMUM STANDARDS
AND PROCEDURE IN ADDITION TO THOSE REQUIRED BY LAW FOR PLATTING OR ANNEXING
TERRITORY WITHIN OR CONTIGUOUS TO T}ffi CITY OF BOZEMAN, MONTANA.
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BE IT ORDAINED BV THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA:
Section 1. GENE~AL:
A. PlTRPO?E: The purpose of this Ordinance is to establish minimum standards
to which owners of land or other persons shall comply in order to obtain the approval
of the Municipal Plan Doard, the Oity Commission, and to obtain a building permit.
The provisions of this Ord~nance are established to promote orderly growth and
development of the City; proper use of the land; conserva tiOfl, stablization and
protection of the use value of property; adequate provision for utilities, streets
and convenience; public health, safety, and general welfare.
B. POWERS OF MUNICIPAL PLAN BOARD: The Municipal Plan Board is charged with
the duty of makin~ :'Lnvestiga tlons and reports to the City Commission on the design
and improvement of proposed additions; and is hereby authorized to approve, con-
ditionally approve or disapprove tentative plats of additions prepar~d and filed
in accordance with the provisions of this Ordinance. Any variances authorized by
the Municlpal Plan Board, under Section No.8 of this Ordinance will be explained
in detail in said report to the City CotTl!l11ssion. I
C. DEFINITIONS: For the purposes of this Ordinance certain terms and words
are defined as follows;
1. BLOCK:
ftBlock" means a piece or tract of land entirely surrounded by public
highways, streets, waterways, railway rights-of-way, or parks, e tc . , or
a combination thereof.
2. LOT:
"Lot" means a plat or tract of land occupied or proposed to be occupied
by a building or an integrated group of buildings and uses customarily
incident and accessory thereto includtng such open spaces as req111red by
the Zoning Ordinance, and such open spaces as are arranged and designed
to be used- -in - connec tion wi th such building and ha ving its prine ipal
frontage on a street or place.
3. STRE~TS AND ALLEYS:
"Street" means a way for vehicular traffic designated as a street, high-
way, road, thoroughfare, parkway, avenue, boulevard, land, place, drive I
or otherwise.
(a) Arterial streets and hIghways are those which are used primarily
for fast or heavy traffic.
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(b) Collector streets are those which carry traffic from minor
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s tree ts to the major systems of arterial streets and highways, including
the principal entrence streets of a residential development and streets
for circulation withln such a development.
(c) Minor Streets are those which are used primarily for access to the
I abutting proporties.
(d) Marginal access streets are minor streets which are parallel and
adjacent to arterial streets and highways; and which provide access to
abuttin~ properties and protection from through traffic.
(e) Cul-de-sacs are dead-end streets with turn-around facility.
(f) Alleys are minor ways which are used primarily for vehicular serv:1ce
access to the back or side of properties otherwise abutting on a street.
4. NUMBER:
The singular number includes the plural and the plural the singular.
5. TENSE:
Words used in the present tense include the fubJre.
6. SHALL, MAY:
The word "shall" shall be deemed as mandatory.
The word "Ma y" shall be deemed as permissible.
7. CITY:
"City" means the City of Bozeman, County of Gallatin, Montana.
I 8. CITY CO~,IfTSSION
"City Contt'llission" means the City Commission of Bozeman.
9. ~TNICIPAL PLAN BOARD:
"Municipal Plan Board" means the '~lnicipal Plan Board of Bozeman as presently
constituted or the City PlAnning Boare: of the City-Count~T Planning Board
as the same was legally author1zed by the 35th LegiSlative Assembly of the
State of Montana.
10. CITY ENGINI!:EP:
"Cit;r Engineer" means the City Engineer of Bozcmap.
11. ZONING OR1HNArWE:
"Zoning Ordinance" means the Zoning Ord~nances of the City of Bozeman and
amendments thereto and such other zoning regulations as may be legally en-
acted and applicable ta the subdivision or subdivisions suhject to the
provisions of this Ordinance.
Section 2 PP'lCEDURE:
A. PREAPPLICATIQN PROCEDTJFF:: (1 ) Previous to submitting an anr1ication for
the conditional approval of the, Tentative Plat (defined in Section 3), the peti tioner
shall submit to the Municipal Plan Board preapplication plans and date (defined in
Seotion 3.). This step does not reauire formal application, fee, or filing of plat.
I (2 ) With thirty (30) da ;TS , the Municipal Plan Board shall ~_nform the petiticmcr
that the plaDs And data ss suhmitted or as modified do or do not meet the requirements
of these re~ulations. When the Board f:nds th9t plans and data do not meet the
objectives of these regulations it shall express its rcasrlTIS therefor.
B. PROCEDURE FOR C01~TTIONAL APPROVAL OF ~ENTATIVE PLAT: (1 ) On reaching
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428
conclusions, informally as recommended in (A) above, regarding his general program and objectives, the
petitioner shall cause to be prepared a Tentative Plat, together with improvement plans and other supple...
mentary material (defined in Section 3).
( 2) Five (0) copies of the Tentative plat and supplementary material specified shall be sub-
mitted to the Municipal Plan Board with written application for conditional approval at least five (0) I'
days prior to the meeting at which it is to be considered.
(3) The following notice shall be stamped on the face of each Tentative Plat by the Secretary
of the Municipal Plan Boarda "Tentative Plat for inspeotion purpose. only, and in no way official
or approved for record purposes."
(4) F'ollowing (a) review of the Tentative Plat and other material submitted for conformity thereof
to these regulations, and (b) negotiations with the petitioner on ohanges deemed advisable, the
Municipal Plan Board within thirty (30) days shall express its approval as Conditional Approval and
state the conditions of suoh approval, if any, or if disapproved, shall express its disapproval and
its reasons therefor.
(6) The action of the Municipal Flan Board shall be noted on two (2) oopies of the Tentative
Plat, referenced and attached to any oonditions determined. One (1) oopy shall be returned to the
petitioner and the other retained by the Munioipal Plan Board.
(6) Conditional Approval of a Tentative Plat shall not oonstitute approval of the Final Plat,
rather it shall be deemed an expression of approval to the general plan submitted on the Tentative
Plat as a guide to the preparation of the F'inal Plat whioh will be submitted for approval of the
Municipal plan Board and the City Commission. I
( 7) The Fetitioner shall pay a Tentative Plat filing fee of Twenty...five dollars ($25.00) per
plat.
( 8) All Tentative Plat filing fees shall be paid into the City Treasury and credited to the
General Fund.
C. PROCEDURE FOR APFROV AL OF FINAL PLATa
(1) After reoeiving Conditional Approval on the Tentative Plat, the Petitioner shall cause to
be prepared a final plat (defined in Seotion 3.)
(2) The final Plat shall be submitted to the Munioipal Plan Board and following a review of
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the Final Plat for oonformity thereof to these regulations, the Mun~cipal Plan Board within thirty
days shall express its approval, or if disapproved, shall express its disapproval and its reasons
therefor.
(3) The Munioipal Plan Board shall notify the Petitioner and the City Commission of its action.
(4) After receiving the approval of the Municipal Plan Board on the Final Plat the Petitioner
shall submit the t-inal Plat to the City Commission and Board of County Commissioners as required
by the statutes of the State of Montana.
(5) The Petitioner shall pay 8. F'inal Plat filing fee of ten dollars ($10.00) per plat. I
( 6) All Final Plat filing fees shall be paid into the City Treasury and credited to the General
Fund.
Section 3 PLATS .AN D DATA
A. PREAPPLICATION PLAN AND DATA
(1) Preapplication Plan
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Preappllcation Plan of the proposed Addition may be a free hand pencil sketch made
directly or. ~ print of the topographic survey required for the tentative plat. In
any event the Preapplication Plan shall show, in simple sketch form, the informs. tion
listed below or such of this information as the Municipal Plan Board determines is
.. I necessary.
(a) BoundRry lines, bearings and distances sufficient to locate the
CX9Ct area proposed for addition.
(b) Topographical features of the proposed addition and of adjacent
tracts: approx~mate djrection Bnd gr9cient of gr0und slope, incl11ding an y embank-
ments: water courses or drainage channels, rock outcrop, wooded areas, railroads,
power lines, towe rs , character and location of buildings, and other significant
fea tures.
(c) Information describing the propoflsd addition; number of residen-
tial lots, typical lot size, sites to be reserved or dedicated for parks, pIa ygrounds
or other public areas.
(d) Zoning on areas adjacent to the tract and prop08ed zoning for
the t ra ct. Indicate sites, if any, for multifamjly dwellings, shopping centers,
business areas, churches, schools, industry or other public uses exclusIve of
sinple family dwellings.
( e) Streets; name and right of way width, on and adjacent to the
I tract.
( f) Easements; 10cRtion, width and purpose.
(g) Utilities; on and AdJacent to the tra c t; location and size of
sanitary sewern, location and sjze of water mains, fire hydrRnts. If water Mains and
or sanitary sewer lines are not on or adjacent to the tra c t , indica te tho direction,
dlstance to, and size of nearest ones.
(h) Name of the proposed addition, name and Rddress of the owner,
name of registered Civil Engineer or land surveyor platting the .tract, date of
survey. Adjacent unplatted land shall show property lineR and owners of record.
( i) Scale, north arrow, notation stating total acreage.
2. Sllpportinll dRta
Supportjn~ data shall consiat of a written draft of gene~al information which
describes or outlines the existing conditions of the site and the proposed develop-
ment as necessRry to supplement the preapplication plan. Such data shall describe
tbo peneral class of residences contemplated ff')r residential areas.
B. TENTATIVE PLAT AND DATA FOR CONDITIONAL APprOVAL
I 1. Tents tive PIa t
Five copies of the proposed addition drawn to a scale of one hundred ( 100) feet
to one (1) inch or larger shall show all of the information reauired above in
subsection A-I, Preappllcation Plan; and in addition shall show the following:
(a) Topographical survey showing ground elevations on the tract based
on the City Datum.
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ORt,INANCE NO. 796
430
For land that slopes less than approximately 2 per cent, show spot elevationc at all
brea ks in grade, along ell drainage channels, and at elected points not more than
100 feet apart in all directions, or show contours with an interval of 2 feet. For
land that slopes more than approximately 2 per cent show contours with an interval
of not more than 5 feet. I
(b) Lot lines, lot numbers, and block letters or numbers.
( c ) Location and exact acreage of parks, playgrounds, school sites, and
other public areas.
(d) Street roadway widths, approximate grades and gradients; similar da ta
for alleys, if any.
(0) Names of owners and description of land owned by respective named owners.
2. Da ta
Supportln~ data shall consist of a written draft of the following: f
(a) Draft of protective covenants whereby the petitioner proposes to
regula te land use in the addi tion aml otherwise protec t the proposed development.
(b) Subsurface condltionR of the tract, if required by the Municipal ~lan
Boa rd : Location and results of tests made to ascertain subsurface soil, rock, and
ground watdr conditions; location and results of soil percolation tests if individual
s8wage disposal systems are proposed.
c. FINAL PLAT
(1) The Final Plat shall conforM to the Tentative Plat as conditionally ap- I
proved and to all requirements of the statutes of the State of Montana.
(2) If desired by the Petitioner, the Fina 1 Pla t ma y cons t i tu te onl;' tha t
portion of the approved Tentative tlRt which he proposes to record and develop at
the time, provided, however, that such portion conforms to all the requirements
of these regulations.
Sec tion 4. STANDARDS 01" DESIGN
A. STRRRTS: (1) The arrangement, cha ra c te r, extent, width, grade and location
of all s tre':ts shall be conslderpd in their relation to existing and planned streets,
to topographical conditions, to public convenience and safety, and in their appropria~e
relation to the proposed uses of the land to be served by such streets.
(2) The arrangement of street~ in an Addition shall:
(a) Provide for the cont1.nuation of appropriate projection of existing
principal streets in sl1rroundlng areas; or
(b) Conform to a plan for the neighborhood approved or adopted b~T the Munic-
ipal Plan Board to mBet a particular situation where topographical or other conditions
make cont:lnuance or conformance to existing streets impracticable. I
(:3 ) Minor streets shall be so laid out that their use by through traffic will
be dif'cQuraged.
(4 ) Where an Addition abuts or contains an existing or propoe.ed arterial street,
the Municipal Plan Board may require marginsl access streets, reverse frontage with
ORDINANCE NO. 796
431
screen planting contained in a nonaccess reservation along the rear property line, or
deep lots w5th rear service alleys, or 811Ch other treatment as may be necessary for
adequate protection of through and local traffic.
(5) Where an Addition borders on or contains a railroad right-Of-way or limited
I access highway right-or-way, the Municipal Plan Board may require a street approx-
imately parallel to and on each side of such right-of-way, at a distance suitable
for the appropriate use of the intervening land, af! for park purpof'es in residential
dis tric ts , or for commercial or industrial purposes in appropriate districts. Such
distances shall also be determined with due regard to the requirements of approach
grades and future grade separations.
(6 ) Street jogs with centerline offsets of lesa than one hundred and twenty-
five feet (125') shall be avoided.
(7) Streets which ~re a continuation of streets in contiguous territory shall
be so aligned as to assure that their center line shall coincide. In cases where
straight continuations are not physically possible, such center line shall be con-
tinued by curves.
(8) Streets shall be laid out so as to intersect as nearly as possible at
right angles and no street shall intersect any other street at less than 60 degrees.
(9 ) Curved collector streets shall have a centerline radius of not less than
250 feet.
I (10) Curved minor streets shall have a center line radius of not less than 100
feet.
(11) Streets which are a continuation of streets in contiguous territory shall
have a rlght-of-way width identical to that of the existing street, unless otherwise
required by the Municipal Plan Board. Right-of-way widths for other streets shall
be not leAS than as follows:
STREET TYPE RIGHT-OF-WAY, FEET:
(Property 11.ne to property line)
Undivided Arterial 80 - 100
Collector 60 - 80
Minor, for row houses and apartments 60
Minor, for other res1.dences 60
Ma rgina 1 acces ~ 40
(12) Half streets shall be prohjbited. Wherever a half street is adjacent to
a proposed addition, the other half of the street shall be platted wlthin such trect.
I (13) Dead -end s tree ts (cul-de-sacs), designed to be so permanently, sha 11 be no
longer than 500 feet and shall be prOVided at the closed end with a turn-around hav-
lng an outside roadway diameter of at least 80 feet, and a street property line
diameter of at least 100 feet~
( 14) No street names shall be used which will duplicate or be confused with the
ORDINANCE NO. 796
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names of existing streets. Street names shall be subject to approval of the Munic-
ipal Plan Boa rd.
(15) Street grades, wherever feaslble, shall not exceed the following, with due
allowance for reasonable vertlcle curves:
STREET TYPE GRADE I
Arterial 5%
7%
Collector
Minor 10%
Marginal access lQ%
(16 ) No street grades shall be less than 0.5 per cent.
B. ALLEYS:
(1 ) Alleys shall be provided in commercial and industrial districts, except that
the Vuniclpal Plan Board may waive these requirements where other definite and assur-
ed prov-tsion is made for service acce,ss, such as off-street loading, unloading, and
parking consistent with and adequate for the uses proposed.
(2 ) The width of an alley shall be twenty feet (20).
(3 ) Alley intersections and sharp chan~es in a~ignment shall be avoided, but
where necessAry, corners shall be cut off sufficiently ~o permit safe vehicular move-
men t .
(4) bead-end alleys shall be avoided where possible, but if unavoidable, shall I
be provided with adequate turn-around facilities at the dead end, as determined by
the Municipal Plan Board.
(5) Easements shall follow lot lines wherever possible and shall be not leS8
than 20 feet wide.
c. BLOCKS:
( l) The lengths, widths and shapes of blocks shall be determined with due
regard to . (a) Provision of adeauate building sites suitable to the special
.
needs of the type of use contemplated.
(b) Needs for convenient access, circula tion, control and safety of street
traffic.
(c) Limitations and opportunity of topography.
(2 ) Block lengths shall. unless otherwise impractical, shall not exceed thir-
teen hllnored fee t (1300) or be less than three hundred fifty feet (350).
(3 ) Right-of-way for pedestrian walks, not less than ten feet wide, shall be
.
required where deemed essential, to provide circulation, or access to schoolfl, pIa y-
grounds, shopping cent~rs, transportation and other community facilities. I
D. LOTS:
(I) The lot slze, wldth, depth, shape and orientation and the minimum build-
ing setback linefl shell be appropriate for the location of the Addition and for the
type of development and use contemplated.
ORDINANCE NO. 796
4"3:3
(2) Residential lots where not served by public sewer shall be not less than
seventy-five feet (75') wide or less than Nine Thousand Three Hundred Seventy-Five
(9,375) square feet in area.
(3) Depth and width of properties reserved or laid out for commercial,
I industr:lal, and multi-family housing purposes shall be adequate to provide for the
off~street service and parking facilities required for the type of use and develop-
ment contemplated.
(4) Where not otherwise required to conform to contiguous existing additions
the minimum sizes for lots planned for residential purposes shall be as follows:
(a) The minimum lot width at the front buildin~ line shall be fifty feet
I
( 50' ) ; the minimum area shall be 7200 square feet.
(5 ) Each lot shall front upon a public street.
(6) Double frontage and reverse frontaae lots, should be avoided except where
essentjal to provide psparation of residential development from traffic arteries
or to overcome specific disadvantages of topography and orientation. A plan ting
screen easement of at least ten feet (10' ) and across which there shall be no right
of access, shall be provided along the line of lots abutting such a traffic artery
or other disadvantageous use.
(7) Side lot lines shall be substantially at right angles or radial to s t re e t
lines.
I (8 ) Where the area is divided into larger lots than for normal urban building
sites and in the opinion of the Board any or all of the tracts are susceptible of
being resubdivided, the original Addition shall be such that the alignment of future
street r.edication may conform to the general street layout in the surrounding area.
E. RESERVATION OF OTHER AR~AS:
Where deemed essential by the Municipal Plan Board, upon consideration of the
particular type of development proposed in the Addition, and especially in large
scale neighborhood unit developments, the Municipal Plan Board shall require the
reservation of such other areas or site of a character, extent, and location suit-
able to the needs created by such development for scho~ls, parks, and other neigh-
borhood purposes.
F. WATERCOURSES AND DRAINAGE:
Where an Addition is traversed by a water course, drainage-way, channel, or
stream, there shall be provided a storm water easement or draina~e right-of-way
confo~ing substantially with the lines of such watercourse, and such further width
"
or construction, or both, as will be adequate for the purpose. Parallel streets
I or parkways may be required in connection therewith.
Section 5. IMPPOVEMENTS TO BE MADE:
After approval of the Final Plat by the City Commission, the following improve-
ments shall be 1nstalled in conformance with plans and specifications prepared or
approved b~' the City Engineer a t the time hereinafter provided to-wit:
ORDINANCE NO. 796
434
(1) Street Improvements: All streets and alloys withIn the Addition shall be
excavated or filled within 0.3 (plus or minus) of a foot of the grade established or
approved by the City ~ngineer and the street s11rface compacted sufficiently to be
traversible by motor vehicles under normal sea~onal concU tions or a gravelled surface
be placed thereon. I
(2) Irregular land: Land which is considered to be excessively irregular shall
be provided with proper drainage.
(3 ) Curbs: Concrete curbs shall be installed on all streets, except alleys
within the addition.
(4) Wa t.er: Wa ter lines shall be installed to serve all lots within the Addition
in accordance wlth the renuit'ements of the City Engineer and the Clty Water Department.
(5) Fire Hydrants: Fire Hydrants shall be installed within the Addition in
accordance with the re0uiremerts of the City Engineer, the City Weter Department, and
the re~ommcndations of the Board of Fire Underwriters.
(6) Sanitary Sewers: Sewer lines sha 11 be ins taIled to.serve all lots within
the Addition in 8ccordance with the reauirements of the City Engineer and City Sewer
Departmen t.
('7 ) Sidewalks: Sidewalks shall be constructed along both sides of Arterial
and Collector streets and along at least one side of all other streets whenever any
Sub-division is platted withjn the City Limits.
(8) All of the above listed improvements shall be subject to inspection and I
approval by the City Engineer who shall be notified by the developer at least 24
hours pr10r to the start of construction. No underground 1nstallation shall be cover-
ed until inspected and approved.
Section 6: TnmS OF INSTALLA. TION OF B'PTIOVEMENTS:
The improveme~ts reouired to be made under Section 5 of this Ordinance shall be
installed at the followin~ times to-wi~:
(1) That the street and alloy improvement, grading, drainage, water lines and
fire hydrnnts and sanitary sewer lines will be installed before the issuance of the
buildin<,"': permit or perMits upon the lots ~n the l\ddttion.
(2 ) That curbs and s~dewalks will be installed before the time of final approval
of the building or buildings upon the lot or lots !n the Addition by the Building
Inspector.
Sec tion 7. SPECIFICATIONS AND COST OF WATER AND SEymp LINES:
That with respect to water lines, the min~_'mum pipe size for feeder ma ins sha 11 be
six inches. If lines larger than eight inches are required, the City shall pay the
difference ~n cost between the eight inch pipe and the required size. I
Section 8. VARIANCES
A. GROHN'S FO!;' Vt\RIAFCE:
The ~~Jnicipal Plan Board may vary or waive the regulations of this Ordinance if
it finds the following conditions exist:
(1) HardShip: That the strict application of the provisions of these regulations
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435
would result jn practlcsl difficulties or unnecessary hardship inconsistent with the
purpose and intent of these regulations.
(2 ) Absence of Detriment: That the grqnting of variance will not be material-
ly detrimental to the public welfare or in1urlous to surroundin~ improvements or
I edditions.
B. CONDITIONS:
In granting variances and modifications, the Municipal Plan Board may require
such conditions as will, in its' ,1udgmen t, secure substantially the aojectives of
the standards or requirements so varied or modified.
Section 10. VALIDITY: If any part, sentence, paragraph, section or clause
of this Ordinance is declared unconstitutional or inValid by any court of competent
5urisdiction, the remainder of this Ordinance shall be not affected thereby.
Section 11. PENALTY FOR VIOLATION: Any Person, firm or corporation violating
any provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punishable by a fine of not more than Three Hundred
Dollars ($300.00).
Section 12. CONTINUING VIOLATION: Each such person, firm or corporation
shall be deemed ~ullty of a separate offense for every day during any portion of
which any violation on any pro~ision of this ordinance, incl~ding any physical
condition created in violation of this ordinance, is willfully permitted, continued
I or committed by such person, firm or corporation after notice gi"er. by the City
Engineer and shall be punishable therefor as provided for in this Ordinance.
Section 13. All ordinances and parts of ordinances in conflict herewith are
hereby repealed.
Section 14. This Ordinance shall ba in full force and effoct thlrty (30) days
after its final passage and. Rjoption by the City Commission and approval of the
Mayor.
Finally adopted and approved at a regular session of the Commission of the
City of Bozeman held on the 17th day of April, 1957.
. ~~~
MAYOR
ATTEST:
c#~J
CLERK OF THl!. COMML,,--,ION
I Published in Bozeman Dally Chronicle April 23rd, 1957.
State of Montana ) ss
County of Gallatin ) I, L. G. Shadoan, Clerk of the Commission of the City of Bozeman, do hereby
oertify that the foregoing Ordinance No. 796 was published by title and
number in the Bozeman Daily Chronicle, a newspaper of general oirculation
printed and published in said city in the issue of April 23rd, 1957, and that due proof of suoh pub1ice~
tion is on file in my office.
D WITNESS WHEREOF', I hereunto set my hand and affix the corporate seal of
my offioe this 24tl. day of April, 19511. ~~~~
cfe. of t e City Commission
ORDINANCE NO. 796