HomeMy WebLinkAboutA3. Final Ord 1944
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, Senior Planner Wendy Thomas, Director of Community Development
SUBJECT: Final adoption of Ordinance 1944, a text amendment of the Bozeman
Municipal Code to revise plan review provisions. Application 15-320.
MEETING DATE: April 25, 2016
AGENDA ITEM TYPE: Action
RECOMMENDATION: Final adoption of Ordinance No. 1944.
RECOMMENDED MOTION: “Having reviewed and considered the application materials,
public comment, recommendation of the Zoning Commission, and all the information presented, and a public hearing having been held and provisional adoption of Ordinance 1944 given on April 11, 2016; I hereby finally adopt Ordinance 1944 the plan review provisions text
amendment. Application 15-320.”
BACKGROUND: The City Commission held a public hearing on April 11, 2016 and
provisionally adopted Ordinance 1944. The Commission voted (4:1) to provisionally adopt Ordinance No. 1944 revising plan review provisions of the Bozeman Municipal Code. The ordinance makes modifications to procedural requirements relating to the City’s plan review
procedures.
This action is a part of the comprehensive evaluation and update of Chapter 38 of the Unified
Development Code (UDC).
UNRESOLVED ISSUES: None.
ALTERNATIVES: As determined by the City Commission
FISCAL EFFECTS: None identified.
Report compiled on: April 15, 2016
Attachments: Ordinance 1944
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ORDINANCE NO. 1944
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING CHAPTER 38, UNIFIED DEVELOPMENT ORDINANCE,
BMC BY REVISING SECTION 38.19.050 TO REVISE STANDARDS FOR ISSUANCE
OF A BUILDING PERMIT, SECTION 38.19.090 TO REVISE PLAN REVIEW
PROCEDURES, SECTION 38.19.100 TO REVISE PLAN REVIEW CRITERIA,
SECTION 38.19.110 TO REVISE PROCEDURES FOR APPROVAL OF CONDITIONAL
USE PERMITS, SECTION 38.19.120 TO REVISE PROCEDURES FOR APPROVAL OF
A FINAL PLAN, SECTION 38.33.010 TO REVISE PROCEDURES FOR THE
DEVELOPMENT REVIEW COMMITTEE, TO DELETE SECTION 38.33.020
GENERAL PROCEDURES NOTICE AND TIMING.
WHEREAS, The City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to adopt land development and use standards to protect public health, safety and
welfare and otherwise execute the purposes of Section 76-2-304, MCA ; and
WHEREAS, The process by which applications are reviewed is a matter of substantial
public concern; and
WHEREAS, The City of Bozeman constantly strives to improve the effectiveness and
efficiency of it development review process;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
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Section 1
Legislative Findings:
1. The City relies upon the site development review procedures within Chapter 38, BMC to
enable the development of the City in a manner which avoids conflicts between land
uses, enables public notice of and comment on development which may affect residents
and land owners, and provide predictability in government actions.
2. The proposed revisions improve the site development review procedures for both
applicants and the City.
3. Early consultation during the development preparation process reduces
misunderstandings, increases plan conformance, reduces required revisions with
associated costs to applicants, and provides a more transparent review process by
reducing plan revisions after submittal of applications.
Section 2
That the Bozeman Municipal Code be amended by revising Section 38.19.050 to read
as follows with all other portions of the section remaining unchanged:
Sec. 38.19.050. - Application of plan review procedures.
B. The preliminary plan shall be submitted and approved, and final plan approval received, A
plan must be approved by the review authority prior to the issuance of any building permit.
Section 3
That the Bozeman Municipal Code be amended by amending Section 38.19.090 to read
as follows:
Sec. 38.19.090. - Plan review procedures.
A. Step 1: Conceptual Review/Informal Review
1. Conceptual Review (Required):
a. Purpose. Conceptual review is an opportunity for an applicant to discuss requirements,
standards and procedures that apply to his or her development proposal. Major
problems can be identified and solved during conceptual review before a formal
application is made. Conceptual review applications are reviewed by the Development
Review Committee and comments are provided in writing to the applicant following the
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review. The primary focus of conceptual review is to identify site specific challenges
and/or constraints critical path elements which will affect review process or submittal
requirements.
b. Applicability. Conceptual review is required for development subject to 38.19.050.
Conceptual review may be waived by the planning director for development proposals
that would not derive substantial benefit from such review.
c. Concept Plan Submittal. An applicant must submit the application materials required by
the planning director as provided in the conceptual review checklist.
d. Staff Review and Recommendation. Upon receipt of a concept plan, and after review of
such plan by the DRC and a subsequent meeting with the applicant, the planning
director shall furnish the applicant with written comments regarding such plan,
including appropriate recommendations to inform and assist the applicant prior to
preparing the components of the formal development application.
e. Formal application must address the comments provided with the conceptual review.
B. Informal Review (Optional):
1. Purpose. Informal review is an opportunity for an applicant to discuss the requirements,
standards, procedures, and potential modifications of standards or variances that may be
necessary for a development project. While the conceptual review process is a general
consideration of the development proposal, informal review provides an opportunity for
the applicant to have the city consider the development proposal in greater detail prior
to formal submittal of an application. Problems of both a major and minor nature can be
identified during the informal review before a formal application is made.
Informal review applications are reviewed by the DRC, DRB, recreation and parks
advisory board, or other applicable advisory boards The city may invite other public or
quasi-public agencies which may be impacted by the development to comment and/or
attend the informal review meeting. These agencies may include the gas and electric
utilities, state agencies, ditch companies, railroads, cable television service providers
and other similar agencies.
2. Applicability. Although an informal review is not required, an applicant may request
informal review for any development proposal. A request for informal review is made
by filing an application with accompanying fee.
3. Informal Review Submittal. In conjunction with an informal review, the applicant must
submit all documents required in the informal review checklist.
4. Staff Review and Recommendation. Upon receipt of a complete informal review
proposal, and after review of such proposal by the DRC or other applicable advisory
board, the planning director shall furnish the applicant with written comments and
recommendations regarding such proposal. In conjunction with the foregoing, the
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planning director shall provide the applicant with a list of critical issues which have
been identified in the informal review and which must be resolved prior to or during the
review process of the formal development application. The list of critical issues will
provide applicants the opinion of the planning director regarding the development
proposal, as that opinion is established based upon the facts presented during informal
review. Formal application must address the comments provided with the informal
review.
C. Step 2 Development Application Submittal
1. Development Application Forms. All development applications shall be in a form established by the planning director.
2. Fees. All fees established in the adopted fee schedule must be paid prior to the review
authority commencing review of the application.
D. Step 3 Review of Applications.
Acceptability and adequacy of application.
1. The planning department shall review the application for acceptability within five
working days to determine if the application is does not omit any of the submittal
elements required by this chapter. If the application does not contain all of the required elements, the application, review fee and a written explanation of what the application is missing shall be returned to the property owner or their representative. The five
working day review period will be considered met if the letter is dated, signed and
placed in the outgoing mail within the five-day review period.
2. After the application is deemed to contain the required elements and to be acceptable, it shall be reviewed for adequacy. A determination of adequacy means the application contains all of the required elements in sufficient detail and accuracy to enable the
applicable review agency review authority to make a determination that the application
either does or does not conform to the requirements of this chapter and any other
applicable regulations under the jurisdiction of the City of Bozeman city. The review for adequacy shall be conducted by the appropriate agency with expertise in the subject matter. The adequacy review period shall begin on the next working day after the date
that the planning department determines the application to contain all the required
elements and shall be completed within not more than 15 working days. The 15
working day review period will be considered met if the letter is dated, signed and placed in the outgoing mail within the 15 working day review period. If the application is inadequate, a written explanation of why the application is inadequate will be
returned to the property owner. Upon a determination of adequacy the review of the
development will be scheduled.
a. In the event the missing information is not received by the city within 15 working days of notification to the property owner and applicant of inadequacy, all
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application materials and one-half of the review fee shall be returned to the
property owner or their representative. Subsequent resubmittal shall require payment of a review fee as if it were a new application.
b. A determination that an application is adequate does not restrict the city from
requesting additional information during the site plan review process.
3. Should the property owner choose not to provide the required information after an
application has been found unacceptable, nor to accept return of the application and accompanying fee, the application may be processed by the city with the recognition by the property owner that unacceptability is an adequate basis for denial of the application
regardless of other merit of the application.
4. The DRC may grant reasonable waivers from submittal of application materials
required by these regulations where it is found that these regulations allow a waiver to be requested and granted. In order to be granted a waiver the applicant shall include with the submission of the preliminary plan a written statement describing the requested
waiver and the reasons upon which the request is based. The final approval body shall
then consider each waiver at the time the preliminary site plan is reviewed. All waivers
must be identified not later than initial submittal of the preliminary site plan stage of review.
If in the opinion of the final approval authority the waived materials are necessary for
proper review of the development, the materials shall be provided before review is
completed.
E B. Plans shall be reviewed by the review bodies established by article 33 of this chapter and according to the procedures established by this chapter. Prior to a recommendation of approval by the DRC, the DRC shall make a determination that the application does
conform to the requirements of this chapter. After review of the applicable submittal
materials required by article 41 of this chapter, and upon recommendation by the appropriate
advisory bodies, the review authority shall act to approve, approve with conditions or deny the application, subject to the appeal provisions of article 35 of this chapter. The basis for
the review authority's action shall be whether the application, including any required
conditions, complies with all the applicable standards and requirements of this chapter,
including section 38.01.050.
1. Plan. The review authority shall provide an opportunity for the public to comment upon development proposals. The duration of the initial comment period shall be as required
by article 40 of this chapter and included in any notice. required by article 39 of this
chapter. The comment period shall be from the date of the first consideration of the
complete preliminary plan and supplementary materials by the DRC until 5:00 pm on
the third working day after DRC and other review bodies as may be appropriate have taken action regarding the proposal.
a. The review authority after receiving the recommendations of the advisory bodies
and considering any public comment shall act to approve, approve with conditions
or deny an application within ten working days of the close of the public comment
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period. The decision shall be in writing and shall include any special conditions
which are to be applied to the development.
(1) After formal notice of a project review has been given, interested parties may request in writing to receive a copy of the decision regarding an application.
Persons making such a request shall provide an addressed envelope for use in
delivering their copy of the decision.
2. Plan with deviations or variances or conditional use permits. The review authority shall provide an opportunity for the public to comment upon a proposed plan. The notice shall be as required by article 40 of this chapter.
a. The review authority, after receiving the recommendations of the advisory bodies
and considering any public comment shall act to approve, approve with conditions
or deny an application. The decision shall be in writing and shall include any special conditions which are to be applied to the development.
3. Phasing. The entitlement period for which a final plan is valid is specified in section
38.19.120. Preliminary single phase plan applications will only be accepted for
development that can occur under building permits issued within this final plan
approval period.
a. Any development that includes phases or where construction of a buildings that would extend past the final plan approval period shall must proceed under the
master site plan application process with a first phase plan for those portions that
can be constructed under the single phase final plan approval. The master site plan
and first phase site plan may be reviewed concurrently as a single application. Each future project phase must submit a stand-alone site plan application following initial master site plan approval.
b. Each phase of a plan must not include more buildings than will be constructed
within a one-year timeframe. These subsequent site plan applications may be
expedited through the review process if they are consistent with the master site plan. Independent fees will be assessed for each required application.
c. A preliminary site plan application may be received where it is unclear whether the
buildings or units can be constructed under building permits issued within one year
of final site plan approval. In this case, the planning director may request proof of a
construction financing commitment prior to accepting the application for review. Applications, where it is clear that the buildings or units cannot be constructed
under building permits issued within one year of final site plan approval will be
deemed unacceptable for review. Such applications must and directed to proceed
through pursuant to a master site plan with first phase site plan process.
Section 4
That the Bozeman Municipal Code be amended by amending Section 38.19.100 to read
as follows:
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Sec. 38.19.100. - Plan review criteria.
A. In considering applications for plan approval under this chapter, the review authority and advisory bodies shall consider the following criteria. When considering the criteria for future phases of a master site plan, other than those for criteria 1—3, the evaluation shall be of a
more generalized demonstration of compliance, recognizing that a subsequent site plan shall
be submitted in the future which shall provide evidence of specific compliance. The level of
detail submitted and the review conducted shall be equal with the level of entitlement being sought with the application. See article 41 of this chapter for required submittal materials.
1. Conformance to and consistency with the city's adopted growth policy.
2. Conformance to this chapter, including the cessation of any current violations;
3. Conformance with all other applicable laws, ordinances and regulations;
4. Relationship of plan elements to conditions both on and off the property, including:
a. Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development relative to
architectural design, building mass and height, neighborhood identity, landscaping,
historical character, orientation of buildings on the site and visual integration;
b. Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved
development and produce an efficient, functionally organized and cohesive
development;
c. Design and arrangement of elements of the 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 to contribute to the
overall aesthetic quality of the site configuration; and
d. If the proposed project is located within a locally designated historical district, or
includes a locally designated landmark structure, the project is in conformance with the provisions of article 16 of this chapter;
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions;
6. Pedestrian and vehicular ingress, egress and circulation, including:
a. Design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area;
b. Non-automotive transportation and circulation systems design features to enhance
convenience and safety across parking lots and streets, including, but not limited to,
paving patterns, grade differences, landscaping and lighting;
c. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent developments and general community; and
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d. Dedication of right-of-way or easements necessary for streets and similar
transportation facilities;
7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space and pedestrian areas, and the preservation or replacement of natural
vegetation;
8. Open space, including:
a. The enhancement of the natural environment;
b. Precautions being taken to preserve existing wildlife habitats or natural wildlife feeding areas;
c. If the development is adjacent to an existing or approved public park or public open
space area, have provisions been made in the plan to avoid interfering with public
access to and use of that area;
d. Is any provided 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;
e. Open space shall be provided in accordance with article 27 of this chapter;
f. Park land shall be provided in accordance with article 27 of this chapter;
9. Building location and height;
10. Setbacks;
11. Lighting;
12. Provisions for utilities, including efficient public services and facilities;
13. Site surface drainage and stormwater control;
14. Loading and unloading areas;
15. Grading;
16. Signage;
17. Screening;
18. Overlay district provisions;
19. Other related matters, including relevant comment from affected parties; and
20. If the development includes multiple lots that are interdependent for circulation or other
means of addressing requirements of this chapter, whether the lots are either:
a. Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become nonconforming; or
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b. The subject of reciprocal and perpetual easements or other agreements to which the
city is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming.
21. Compliance with article 43 8 of chapter 38 10 of this Code; and
22. Phasing of development.
B. If the review authority, after recommendation from the applicable advisory bodies, shall
determines that the proposed plan will not be detrimental to the health, safety or welfare of the community, is in compliance with the requirements of this chapter, and is in harmony with the purposes and intent of this chapter and the Bozeman growth policy, the review
authority must approve the proposed plan and may require conditions and safeguards that
must be met prior to final approval shall be granted, and such conditions and safeguards may
be imposed as deemed necessary. Notice of action shall be given in writing.
C. Plan approval may be denied upon a determination the application does not meet the criteria of this section. that the conditions required for approval do not exist. Persons objecting to
the recommendations of review bodies carry the burden of proof. A denial of approval shall
be in writing.
D. Following approval of a master site plan, the applicant shall submit to the planning department, sequential individual site plans for specific areas within the master site plan. Each subsequent application for a site plan shall be consistent with the approved master site
plan and subject to the review criteria set forth in subsection A, above. Evidence that the
review criteria have been met through the master site plan review process may be
incorporated by reference in order to eliminate duplication of review.
Section 5
That the Bozeman Municipal Code be amended by amending Section 38.19.110
38.08.020 to read as follows:
Sec. 38.19.110. - Conditional use permit.
A. The person applying for a conditional use permit shall fill out and submit to the planning
department the appropriate form with the required fee. The request for a conditional use
permit shall follow the procedures and application requirements of this article.
B. In consideration of all conditional use permit applications, a public hearing shall be conducted by the review authority. Notice of the public hearing shall be provided in
accordance with article 40 of this chapter.
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 the rezoning has been implemented by ordinance.
D. The review authority, in approving a conditional use permit, shall review the application
against the review requirements of section 38.19.100.
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E. In addition to the review criteria of section 38.19.100, the review authority shall, in
approving a conditional use permit, determine favorably 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 proposed use will have no material adverse effect upon the abutting property.
Persons objecting to the recommendations of review bodies carry the burden of proof;
3. 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 and 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; and
n. Other such conditions as will make possible the development of the city in an
orderly and efficient manner.
F. In addition to all other conditions, the following general requirements apply to 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; and
2. That all of the conditions shall constitute restrictions running with the land use, shall
apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing,
and shall be recorded as such with the county clerk and recorder's office by the property
owner prior to the issuance of any building permits, final plan approval or
commencement of the conditional use.
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G. Applications for conditional use permits may be approved, conditionally approved or denied
by motion of the review authority. If an application is denied, the denial shall constitute a determination that the applicant has not shown that the conditions required for approval do exist.
H. The applicant shall be notified in writing of the final action taken within seven working days
of the action. If the conditional use permit has been granted the notification shall include any
conditions, automatic termination date, period of review or other requirements. If the conditional use permit has been granted, the permit shall be issued upon the signature of the planning director after completion of all conditions and final plan.
I. Termination/revocation of conditional use permit approval.
1. Conditional use permits are approved based on an analysis of current local
circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if:
a. After having been commenced, the approved use is not actively conducted on the
site for a period of two continuous calendar years;
b. Final zoning approval to reuse the property for another principal or conditional use is granted;
c. The use or development of the site is not begun within the time limits of the final
site plan approval in 38.19.120.
2. A conditional use which has terminated may be reestablished on a site by either, the
review and approval of a new conditional use permit application, or a determination by the planning director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the
planning director may not be appealed. If the planning director determines that the
conditional use permit may be renewed on a site then any conditions of approval of the
original conditional use permit are also renewed.
3. If activity begins for which a conditional use permit has been given final approval, all
activities must comply with any conditions of approval or code requirements. Should
there be a failure to maintain compliance the city may revoke the approval through the
procedures outlined in section 38.34.160.
Section 6
That the Bozeman Municipal Code be amended by amending Section 38.19.120 to read
as follows:
Sec. 38.19.120. - Final plan.
A. If the review authority is the City Commission, If a plan is not fully compliant with all
applicable requirements, No no later than six months after the date of the Commission’s
approval of a preliminary the plan, the applicant shall submit to the planning department a
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final plan with accompanying application form and review fee. The number of copies of the
final plan to be submitted shall be established by the planning director. The final plan shall contain the materials required in sections 38.41.080 and 38.41.090 and whatever revisions to the preliminary site plan or master site plan are required to comply with any conditions of
approval. Prior to the passage of six months, the applicant may seek an extension of not
more than an additional six months from the planning director.
B. In addition to the materials required in subsection A of this section, the owner applicant shall must submit a certification of completion and compliance stating that they understand any conditions of approval and the submitted final plans have complied with any conditions
of approval or corrections to comply with code provisions.
C. If a plan is fully compliant with all applicable standards the review authority may approve
the final plan after the close of the public comment period. In addition to the materials required in subsections A and B of this section, the owner applicant shall must submit a statement of intent to construct according to the final plan. Such statement shall must
acknowledge that construction not in compliance with the approved final plan may result in
delays of occupancy or costs to correct noncompliance.
D. Following approval of a final site plan, the approval of the final site plan shall be in effect effective for one year. Prior to the passage of one year, the applicant may seek an extension of not more than one additional year from the planning director. In such instances, the
planning director shall determine whether the relevant terms of this chapter and
circumstances have significantly changed since the initial approval. If relevant terms of this
chapter or circumstances have significantly changed, the extension of the approval may not be granted.
E. Following approval of a final master site plan, approval of the final master site plan shall be
in is effective for not less than three but not more than five years with the initial duration to
be specified during the final action of the review authority. Owners of property subject to
the master site plan may seek extensions to not exceed five years in a single extension. Approval of an extension shall be made by the planning director. Approval shall be granted
if the planning director determines that the criteria of subsection F of this section are met.
F. Any request for an extension must be in writing and be dated and signed by the owner of the
undeveloped area or incomplete development for which the extension is sought. More than
one extension may be requested for a particular development. Each request shall be considered on its individual merits. An extension of the development approval under this
article does not extend other city or non-city agency approvals, e.g. for design of
infrastructure extensions, necessary to complete the project. When evaluating an extension
request, the city shall consider:
1. Changes to the development regulations since the original approval and whether the development as originally approved is substantially complies compliant with the new
regulations;
2. Progress to date in completing the development as a whole and any phases;
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3. Phasing of the development and the ability for existing development to operate without
the delayed development;
4. Dependence by other development on any public infrastructure or private improvements to be installed by the development;
5. For extensions of approval greater than one year, the demonstrated ability of the
developer to complete the development;
6. Overall maintenance of the site; and
7. Whether mitigation for impacts of the development identified during the preliminary plan review remain relevant, adequate, and applicable to the present circumstances of
the development and community.
G. Upon approval of the final plan by the planning director the applicant may obtain a building
permit as provided for by article 34 of this chapter.
1. Subsequent site plan approvals are required to implement a master site plan, and approval of a master site plan only does not entitle an applicant to obtain any building
permits.
Section 7
That the Bozeman Municipal Code be amended by amending Section 38.33.010.B to
read as follows with all other portions of the section remaining unchanged:
Sec. 38.33.010. - Purpose of DRC, DRB, ADR, WRB, and BOA.
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 department shall have the ability and authority to require the
DRC to make a recommendation of denial when in their view the project can not meet the
requirements and review criteria of this chapter and acceptable conditions do not exist to
cure the identified failings of the project. Written meeting reviews, in the form of staff
reports or summary reviews prepared by the planning department, shall be made setting
forth the DRC's recommendation to the review authorities established in article 34 and
reasons for requiring such conditions as may be deemed necessary by the DRC. These
records shall be preserved as part of the official file 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 ensure the accomplishment of the stated purpose and
promote the efficiency and effectiveness of the developmental review process.
1. The DRC shall at a minimum be composed of the following personnel: city engineer,
fire marshal, the streets superintendent, the sanitation superintendent, the water/sewer
superintendent, the planning director and the building official. When necessary, other
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members of the committee may include: the director of public safety, the superintendent
of facilities and public lands, the superintendent of recreation, the city manager, with
other individuals to be included as necessary at the planning director's request.
2. When applicable, the DRC may solicit the input of noncity agencies and persons
including, but not limited to, the county subdivision review officer, the county
sanitarian, the county road superintendent, and state or federal agencies, with other
individuals to be included as necessary.
Section 8
That the Bozeman Municipal Code be amended by deleting Section 38.33.020.
Sec. 38.33.020. - 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, may approach the DRC,
DRB, ADR or WRB 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. An informal review by the WRB may be requested by submitting a completed
application form provided by the planning director along with a wetland delineation for the
regulated wetland, development plans or written narrative describing the proposed regulated activity and a WRB meeting will be convened within two weeks of application submittal. A fee, set in accordance with the fee resolution adopted by the city commission, shall be
charged for an informal review. No application is required for informal review or advice by
the ADR staff.
B. Formal application. An application for DRC, DRB, ADR and/or WRB 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, divisions of
land, etc., as outlined in this chapter. It is recommended that the applicant discuss the application informally with the DRC, DRB, ADR or WRB 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, ADR or WRB that
requires such notice shall be provided in accordance with article 40 of this chapter.
D. DRC, DRB, ADR or WRB action. By no later than 30 working days from the date of the first regularly scheduled DRC and/or DRB meeting, or a meeting convened by the WRB, at
which the applicants' proposal was initially reviewed, the DRC, DRB or WRB shall take
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Ordinance No. 1944, Revisions to Plan Review Procedures
Page 15 of 16
action to recommend approval, approval with conditions, table pending submission of
revised or additional materials or recommend denial of the applicant's proposal, unless the applicant grants a written extension to the review period. For proposals subject to ADR review, the ADR staff shall approve, approve with conditions, delay pending submission of
revised or additional materials or deny the applicant's proposal.
Section 9
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 10
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 11
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 12
Codification.
This Ordinance shall be codified as indicated in Sections 2 – 8.
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance No. 1944, Revisions to Plan Review Procedures
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 11th day of April, 2016.
____________________________________
CARSON TAYLOR Mayor
ATTEST:
____________________________________
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 25th of
April, 2016. The effective date of this ordinance is the 25th of May, 2016.
_________________________________
CARSON TAYLOR Mayor
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney
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