HomeMy WebLinkAbout20- Ordinance 2045 Amending Section 38.200.010, Review Authority, and Section 38.400.100, Street Vision Triangle, of the Bozeman Municipal CodePage 1 of 7
ORDINANCE 2045
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING SECTION 38.200.010, REVIEW AUTHORITY, AND SECTION
38.400.100, STREET VISION TRIANGLE, OF THE BOZEMAN MUNICIPAL CODE TO
AUTHORIZE ADMINISTRATIVE MODIFICATION OF VISIBILITY STANDARDS
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Bozeman (the “City”) has adopted 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, intersections of streets are points of potential conflict between travelers; and
WHEREAS, being able to see on-coming travelers lessens likelihood of accident and
injury; and
WHEREAS, the City has established standards so that adequate visibility is provided.
Those standards recognize differences between the visibility needs at different types of
intersections; and
WHEREAS, it has been identified that additional administrative flexibility is appropriate
to respond to the site specific circumstances of certain intersections; and
WHEREAS, it is in the interests of the City and public welfare to identify the process and
decision maker for application of such administrative flexibility.
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Ordinance 2045, Amending 38.200.010 and 38.400.100 of the Bozeman Municipal Code Regarding Street Vision Triangles
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Section 38.200.010 of the Bozeman Municipal Code be amended as follows:
Sec. 38.200.010. - Review authority.
A. The city commission has the right to review and require revisions to all development
proposals subject to this chapter, and delegates that authority in certain circumstances as set
forth below. The purpose of this review is to prevent demonstrable adverse impacts of the
development upon public safety, health or general welfare, or to provide for its mitigation; to
protect public investments in roads, drainage facilities, sewage facilities, water facilities, and
other facilities; to conserve the value of adjoining buildings and/or property; to protect the
character of the city; to protect the right of use of property; advance the purposes and standards
of this chapter and the adopted growth policy; and to ensure that the applicable regulations of
the city are upheld.
1. The city commission retains to itself under all circumstances the review of the following:
a. Subdivisions which do not qualify as a subdivision exemption per article 2 of this
chapter;
b. Amendments to the text of this chapter or amendment to the zoning map;
c. Requests for cash-in-lieu of parkland dedications, except:
(1) In the B-3 zone district; or
(2) When by resolution the city commission delegates decisions on cash-in-lieu for
development for which it would not otherwise be the review authority.
d. Extensions of subdivision preliminary plat approvals for periods greater than two
years;
e. Planned unit development preliminary plans and major amendments to planned unit
developments;
f. Appeals from administrative interpretations and final project review decisions;
g. Approval of park master plans;
h. Large scale retail per section 38.360.150; and
i. Exceptions to installation of bikeways and boulevard trails per section 38.400.110.E.
j. Conditional use permits when no board of adjustment is established;
k. More than two deviations or where deviation is for more than 20 percent of standard;
l. Amendments to text or zoning map per division 38.260.
2. The city commission conducts public hearing for applications under 76-2-402,
MCA.
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Ordinance 2045, Amending 38.200.010 and 38.400.100 of the Bozeman Municipal Code Regarding Street Vision Triangles
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B. The community development director must, upon recommendation from the applicable
advisory bodies approve, approve with conditions or deny all applications subject to this
chapter except those listed below. Decisions of the community development director are
subject to the appeal provisions of division 38.250 of this chapter.
1. Projects excluded from community development director review:
a. Those applications specifically reserved to another approval authority as stated in this
section;
b. Development of city property which does not conform to all standards of this chapter;
c. Any application involving variances from this chapter;
2. Exception. The city commission may, by an affirmative, simple majority vote of its
members at a regularly scheduled meeting reclaim to itself the final approval of a
development application normally subject to the approval of the community development
director. The vote must occur prior to the action of the community development director.
C. When a board of adjustment has been appointed per section 2.05.2800, the board of adjustment
must, upon recommendation from the applicable advisory bodies approve, approve with
conditions or deny those applications specifically delegated to it by the city commission.
Decisions of the BOA are subject to the appeal provisions of division 38.250 of this chapter.
1. Exception. The city commission may, by an affirmative vote of three of its members at
a regularly scheduled meeting reclaim to itself the final approval of a development
normally subject to the approval of the board of adjustment. The vote must occur prior to
the action of the board of adjustment.
D. The city engineer must review and upon recommendation from the applicable advisory bodies
as needed approve, approve with conditions or deny the following site elements and processes:
1. Site access and storm water for reuse and further development per section 38.230.160.B;
2. Location of storm water facilities within neighborhood centers per section 38.410.020;
3. The placement of private utility easements within public rights-of-way owned or
controlled by the city;
4. The maximum length of dead end water mains per section 38.410.070;
5. The maximum length of service lines per section 38.410.070;
6. Exceptions to storm water controls per section 38.410.080;
7. All modifications or proposed standards in section 38.400.010 except section
38.400.010.A.1;
8. Plans and specifications for public infrastructure and infrastructure to be granted to the
public per sections 38.400.060.A and B.1—3;
9. Alternate curb return radii per section 38.400.090.C.3;
10. Locations and modifications to drive accesses to public streets per sections 38.400.090.G
and H;
11. Street improvement standards per section 38.400.060;
12. Departures for street vision triangles per section 38.400.100.
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Ordinance 2045, Amending 38.200.010 and 38.400.100 of the Bozeman Municipal Code Regarding Street Vision Triangles
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12. 13. Backing into alleys, parking stall aisle and driveway design for surfacing and
curbing per section 38.540.020.D, F and J;
13. 14. Protection of landscaped area per section 38.550.050.H;
14. 15. All actions required of the flood plain administrator per article 6 of this chapter;
15. 16. Modifications in required completion time for subdivision improvements per
section 38.270.030.B.1;
16. 17. The use of a financial guarantee for paving of streets per 38.270.060.B;
17. 18. The waiver of required information per section 38.220.080.A.2.i(3);
18. 19. Requirement for a traffic impact analysis and determination of its contents per
section 38.220.120.A.2.c(5);
19. 20. Specifications for paving of streets and parking areas;
20. 21. Designation of street classifications for collectors and arterials not shown in the
long range transportation plan; and
21. 22. Alternate parking angles for surface and structured parking stall configurations
listed in Table 38.540.020. All other numeric standards apply.
E. The director of public works must review and upon recommendation from the applicable
advisory bodies as needed approve, approve with conditions or deny the following
development elements and processes:
1. Waiver of the requirement to extend water, sewer, and streets to the perimeter of property
being developed per section 38.410.070;
2. Provision of water rights as authorized in section 38.410.130;
3. Subject to section 38.400.060, exceptions to the level of service standards established in
section 38.400.060.B.4;
4. Payment of cash in-lieu of capital facilities established in section 38.270.070.C; and
5. Acceptable alternative sidewalk design or materials per section 38.400.080.
F. The director of parks and recreation must determine the classification of trails per section
38.420.110.D.
G. As detailed in division 38.200 of this chapter, the city commission authorizes the applicable
advisory bodies to review and to make recommendations to the review authority regarding
development proposals. Under this section, when advisory boards review and make
recommendations to the review authority they act in a quasi-judicial capacity.
Recommendations do not constitute votes of approval or denial.
H. The city commission or its designated representatives may require the applicant to design
the proposed development to reasonably minimize potentially significant adverse impacts
identified through the review required by these regulations. The city commission or its
designated representatives may not unreasonably restrict a landowner's ability to develop
land, but it is recognized that in some instances the unmitigated impacts of a proposed
development may be unacceptable and will preclude approval of the development as
submitted. Recognizing that the standards of this chapter are minimum requirements and the
public health, safety, and general welfare may be best served by exceeding those minimums,
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Ordinance 2045, Amending 38.200.010 and 38.400.100 of the Bozeman Municipal Code Regarding Street Vision Triangles
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the city commission or community development director may require as a condition of
approval mitigation exceeding the minimums of this chapter.
Section 2
That Section 38.400.100 of the Bozeman Municipal Code be amended as follows:
Sec. 38.400.100. - Street vision triangle.
A. Arterial streets. On corner lots on arterial streets in all districts, no fence, wall or planting in
excess of 30 inches above the street centerline grade is permitted within a triangular area
defined as follows: beginning at the intersection of the projected curblines of the two
intersection streets, thence 50 feet along one curbline, thence diagonally to the point 50 feet
from the point of beginning on the other curblines, then to the point of beginning, except when
traffic control signals are installed, in which case the a local street vision triangle shall apply.
Nothing in this section prohibits portions of buildings 12 feet or more above grade from
encroaching into required vision triangle setbacks.
B. Collector and local streets. On corner lots, on collector and local streets, in all districts, no
fence, wall or planting in excess of 30 inches above the street centerline grades is permitted
within a triangular area defined as follows: beginning at the intersection of the projected
curblines of two intersecting streets, thence 40 feet along one curbline, thence diagonally to a
point 40 feet from the point of beginning on the other curbline, then to the point of beginning.
C. Drive aisles and alleys. At the intersection of each driveway or alley with a street, no fence,
wall or planting in excess of 30 inches above the street centerline grade is permitted within a
triangular area where corners are defined by two points on the right-of-way line, 15 feet on
each side of the centerline of the driveway or alley and a point on centerline ten feet outside
the right-of-way. Any driveway or alley wider than 30 feet curb to curb at the right-of-way
line must use the vision triangle standard for local streets when intersecting local, collector,
or arterial streets.
D. Provision for trees in street vision triangle.
1. Single-stem canopy trees are discouraged but 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
the ordinance from which this chapter is derived 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.
E. The review authority may grant a departure from the standards of this section for
intersections with traffic signals, intersections on one-way streets, or intersections on streets
classified as an urban route by the Montana Department of Transportation. Departure criteria
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are: a revision can be accomplished without jeopardizing the public's health, safety and
welfare, the intent of this chapter, or the intent of the city's growth policy.
Section 3
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 4
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 5
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 6
Codification.
This Ordinance shall be codified as indicated in Sections 1-2.
Section 7
Effective Date.
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Ordinance 2045, Amending 38.200.010 and 38.400.100 of the Bozeman Municipal Code Regarding Street Vision Triangles
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This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 3rd day of August, 2020.
____________________________________
CHRIS MEHL
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a special session thereof held on the 18th of
August, 2020. The effective date of this ordinance is September 17, 2020.
_________________________________
CHRIS MEHL
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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