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ORDINANCE 2062
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA REVISING THE BOZEMAN MUNICIPAL CODE TO CHANGE THE
FLOOR TO CEILING HEIGHT STANDARD TO FLOOR TO FLOOR HEIGHT BY
AMENDING TABLE 38.320.050 (TABLE OF FORM AND INTENSITY STANDARDS—
NON-RESIDENTIAL AND OTHER MIXED-USE DISTRICTS), AMENDING 38.330.010
– UMU DISTRICT – SPECIAL STANDARDS, TABLE 38.510.030.B (STOREFRONT
BLOCK FRONTAGE STANDARDS), 38.510.030.M.2.e., AND REVISING PARAGRAPH
A.1 OF SUBCHAPTER 4B OF THE BOZEMAN GUIDELINES FOR HISTORIC
PRESERVATION AND THE NEIGHBORHOOD CONSERVATION OVERLAY
DISTRICT RELATED TO FLOOR TO FLOOR HEIGHT 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, City is committed to reviewing and improving the Unified Development
Code; and
WHEREAS, the City has developed a platform to submit revisions to the Unified
Development Code to improve overall functionality and ease of use; and
WHEREAS, it has been identified that Table 38.320.050 and the related footnotes do not
address certain elements of the content related to floor-to-ceiling height with adequate clarity; and
WHEREAS, it has been identified that the terminology, floor-to-floor height is a widely
accepted industry standard; and
WHEREAS, 38.110.010, BMC, adopts the “Guidelines for historic preservation and
neighborhood conservation overlay district” by reference; and
WHEREAS, it is in the interests of the City and public welfare to revise the Bozeman
Municipal Code to provide clarifying language and increase the ease of use of the UDC.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Table 38.320.050 – Table of Form and Intensity Standards – Non-Residential and
Other Mixed-Use Districts, of the Bozeman Municipal Code be amended as follows:
Standard Zones
Commercial Zoning Districts UMU Industrial Zoning Districts PLI NEHMU
B-1 B-2 B-2M B-3 BP M-1 M-2
Lot and floor area standards
Minimum lot
area (square
feet)
(38.320.020.A)
5,000 — - - — 43,560 7,500 — — 5,0001
Minimum lot
width (feet)
(38.320.020.A)
50 100 — — — 150 75 100 — 50
Maximum lot
coverage
(38.320.020.C)
100% 100% 100% 100% 100%4 60% 100% 100% - 40%—
100%5
Minimum
floor area
ratio
(38.320.020.C)
— — — — 0.50 — — — — —
Building height standards (feet) (38.320.020.E)
Minimum
building
height
— — — — 226 — — — — —
Maximum
building
height
Variable8 55/709 6010 50 50 — 50
Minimum
floor to floor
ceiling height
13
1521
13
1521
13
1521
13
1521
13
1521
— — — — —
Roof pitch <
3:12
40 507 427
Roof pitch
3:12 or >
45 607 487
Minimum setback (feet) (38.320.020.F)
Front Setback Front setback provisions are set forth in the block frontage standards in division 38.510.
Setback to an
individual
— 20 20 20 — — — — — 20
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garage
oriented to
the street
Rear Setback 10 10 1013 015 0 2017 3 3 012 3
Side Setback 514 514 514 015 0 1517, 14 314 314 012 3
Side or Rear
Setback
Adjacent to
Alley
5 5 5 5 5 5 5 5 5
Parking &
loading areas
(feet)
Note15 Note15
Front
Setback
Note11 Note11 Note11 Note11 Note11 Note11 Note11 Note11
Rear
Setback
1016 1016 516 017 - — —
Side
Setback
816 816 516 017 - - -
Garages and special parking standards
Residential
Garages
— Note18 Note18 Note18 — — — — — Note18
Special
Parking
Standards
Note19,
20
Note19,
20
Note19, 20 Note20 Note19,
20
Note20 Note19,20 Note19,20 Note20
Notes:
1. The lot area must provide all required setback areas and off-street parking and loading.
Lot area per dwelling must not be less than 5,000 square feet per detached single-
household dwelling and 3,000 square feet per attached dwelling. Lot area per each
dwelling used to satisfy the requirements of division 38.380 must not be less than 2,700
square feet per detached single-household dwelling and 2,500 square feet per attached
dwelling.
2. Reserved.
3. Reserved.
4. In the UMU district, the footprint of individual buildings must not exceed 45,000 square
feet.
5. The maximum lot coverage must be 40 percent for principally residential uses or 100
percent for principally non-residential uses.
6. Buildings within a development or each phase of a multi-phased development must
have varying heights achieved through the use of multiple stories.
7. B-2 height exceptions:
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a. Maximum height may be increased by up to a maximum of 50 percent when the
zoning district is implementing a regional commercial and services growth policy
land use designation.
b. Maximum height otherwise cumulatively allowed by this section may be increased
by 30 percent through the approval of a conditional use permit, but only when the
additional height is a specifically identified purpose of the review.
8. B-2M height limits:
a. For buildings designed for non-residential or mixed-use: Five stories or 60 feet
(whichever is less), provided the top floor of five-story buildings within 30 feet of
the front property line feature has a stepback of at least ten feet from the front face
of the building.
b. For buildings designed for single purpose residential use: Four stories or 50 feet (whichever
is less).
c. An area, not to exceed a total of ten percent of the floor area which is located at street
level, may extend above the maximum building height by up to 12 feet.
9. Maximum building height in the B-3 district must be 55 feet in the district core area and 70
feet outside of the core area.
10. Maximum building height may be increased by up to but not more than an additional 25
feet when structured parking is provided per section 38.330.040.E.2, and when determined to
be in compliance with the review criteria of 38.230.100.
11. Front setback provisions are set forth in the block frontage standards in division 38.510
and in 38.350.070.
12. In the PLI district, there is no setback requirement except when a lot is adjacent to
another district. The setbacks then must be the same as those in the adjacent district. The
setback requirements of RS must be interpreted as those of R-1.
13. The minimum rear setback is five feet for accessory buildings.
14. Zero lot lines are allowed per 38.350.050.B.
15. All vehicle entrances into garages must be no closer than 20 feet to a property line, unless
explicitly authorized otherwise under this chapter.
16. Side and rear setbacks for parking may be allowed to be zero feet when coordinated
parking arrangements between adjacent properties are provided.
17. Rear and side setbacks adjacent to alleys must be at least five feet.
18. Garage location standards: for single to four-household uses, see 38.350.070.
19. This chapter provides opportunities for parking requirements to be met by shared and
off-site parking as allowed by division 38.540 of this chapter.
20. Non-residential and multi-household developments are subject to the block frontage
standards of division 38.510.
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21. Floor-to-floor height is defined as the height between each floor plate in a building
measured from the top of the ground floor to the top of the floor above. This standard applies
to non-residential buildings, and mixed use buildings, except for residential portions of mixed-
use buildings.
Section 2
That 38.330.010 – UMU district – Special Standards of the Bozeman Municipal Code be amended
as follows with the remaining elements of the section to remain as presently written:
E. Building standards.
1. Building design. See division 38.520 for applicable standards for all development types.
2. Floor-to-floor heights and floor area of ground-floor space.
a. All commercial floor space provided on the ground floor of a mixed-use building
must have a minimum floor-to-ceiling height of 13 feet.
b. All commercial floor space provided on the ground floor of a mixed-use building
must contain the following minimum floor area:
(1) At least 800 square feet or 25 percent of the lot area (whichever is greater) on lots
with street frontage of less than 50 feet; or
(2) At least 20 percent of the lot area on lots with street frontage of 50 feet or more.
3. Street-level openings on parking structures must be limited to those necessary for retail
store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and
elevator lobbies. Parking structures adjacent to streets must have architectural detailing
such as, but not limited to, standard size masonry units such as brick, divided openings
to give the appearance of windows, and other techniques to provide an interesting and
human-scaled appearance on the story adjacent to the sidewalk.
Section 3
That Table 38.530.010.B – Storefront block frontage standards, of the Bozeman Municipal Code be
amended as follows:
Table 38.510.030.B
Storefront block frontage standards
Element Standards( refers to departure
opportunities, see subsection
38.510.030 below)
Examples & Notes
Ground floor
Land use
Non-residential uses specified in
38.310.040, except for lobbies
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associated with residential or
hotel/motel uses on upper floors.
Floor to ceiling
floor height of
ground floor
13 15' minimum (applies to new
buildings only).
Non-residential
space depth
20' minimum (applies to new
buildings only).
Building
placement
Required at front property line/back
edge of sidewalk. Additional setbacks
are allowed for widened sidewalk or
pedestrian-oriented space
(38.520.060.D).
Building
entrances
Must face the street. For corner
buildings, entrances may face the
street corner.
Façade
transparency
At least 60% of ground floor between
30" and 10' above the sidewalk for
primary facades and 40% of ground
floor between 30" and 10' above the
sidewalk for secondary facades.
Display windows may count for up to
50% of the transparency requirement
provided they are at least 30" in
depth to allow for changeable
displays. Tack-on display cases do not
qualify as transparent window areas.
Window area that is glazed over or
covered in any manner that
obscures visibility into the
storefront space shall not count as
transparent window area.
Weather
protection
Weather protection with 8-15'
vertical clearance at least 5' in
average depth along at least 60% of
façade. Retractable awnings may be
used to meet these requirements.
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Parking location
Also see division
38.540 of this
division for
related parking
requirements
New surface and structured parking
areas (ground floor) must be placed
to the side or rear of structures and
are limited to 60' of street frontage.
Provide a 6' minimum buffer of
landscaping between the street and
off street parking areas meeting the
performance standards of division
38.550.
Sidewalk width
12 feet minimum between curb edge
and storefront (area includes
clear/buffer zone with street trees).
Setbacks and utility easements must
also be considered and may result in
a larger minimum sidewalk width.
Section 4
That 38.510.030.M, Structured parking facility development standards, of the Bozeman Municipal
Code be amended as follows:
[M. Structured parking facility development standards.] [3]
1. All above ground structured parking facilities must conform to the design standards
herein and the designated block frontage in section 38.510.030. In the event of a conflict
between block frontage standards and the standards of this section, the standards of
this section will govern. Exceptions:
a. Single-household dwellings and individual townhouse and multi-household units
with physically separated individual drive aisles. Physical separation is provided
when at least one of these options are provided: Individual garage doors for each
interior parking space; a vegetated planter not less than four feet in width between
the parking spaces in the driveway area; or a wall not less than four feet in height
and length, is provided between the parking area in the driveway and dividing the
garage entrance; and
b. For development in the R-5 and B-2M districts, the applicable structured parking
provisions in division 38.500 (Block Frontage Standards) take precedence over any
conflicting provisions of division 38.340 or related standards in this section.
2. Building standards.
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a. Intent: To promote an active and diverse streetscape, parking structures should be
located behind buildings in the interior of blocks or below grade. Parking garages
that front streets must line the parking garage at the street level with an active use.
(1) Street designs accommodate on street parking and pedestrian mobility. Parking
lots and garages rarely front the streets, and are typically relegated to the rear of
the lot and the center of blocks.
(2) Parking garages should be located in the interior of blocks. Parking garages that
front onto streets must provide a lining of retail, office, or residential use at the
street level along the entire street frontage.
b. In all districts, all commercial floor space wrapping must provide a minimum 20 foot
depth of habitable and conditioned space as defined by the most currently adopted
IBC.
c. In all districts, commercial space depth will be considered where the applicant can
successfully demonstrate the proposed alternative design and configuration of the
space is viable for a variety of permitted commercial uses.
d. In all districts, residential active use areas must be 12 feet in depth, except for riser
room, trash areas and other functional uses that must face the street.
e. In all districts, all commercial floor space wrapping a parking structure on the
ground floor must have a minimum floor to ceiling floor height of 13 15 feet.
f. Structured parking facilities must provide transparency along at least 50 percent of
the linear length of the building's façade. This may be achieved with windows,
displays, building lobbies, building entrances, display windows, or windows
affording views into the building. This requirement applies to both frontages of a
building located on a corner lot.
(1) The bottom edge of any window or product display window used to satisfy the
transparency standard of this subsection B.3 may not be more than four feet above
the adjacent sidewalk.
(2) Product display windows used to satisfy these requirements must have a minimum
height of four feet and be internally lighted.
g. Street-level openings on parking structures must be limited to those necessary for
retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances to
stairs and elevator lobbies. Parking structures adjacent to streets must have
architectural detailing such as, but not limited to, standard size masonry units such
as brick, divided openings to give the appearance of windows, and other techniques
to provide an interesting and human-scaled appearance on the story adjacent to
the sidewalk.
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h. Buildings must be articulated with modules, architectural detailing, individual floors
visually expressed in the façade, and rhythm and pattern of openings and surfaces
must be human-scale.
i. Buildings must be oriented to the adjacent public or private street.
j. If an alley is adjacent to site, access must be taken from that alley. Access to a street
may be considered by the review authority.
k. A pedestrian safety plan is required for all parking facilities with more than 100
parking spaces and must be reviewed and approved by the city engineer. The city
engineer may request a pedestrian safety plan for parking facilities with less than
100 parking spaces.
l. Parking entrance(s) may not account for more than 25 percent of entire building
façade.
m. Parking entrance(s) must not be located central to the building façade.
Section 5
That paragraph A.1 of Subchapter 4B of the Bozeman Guidelines For Historic Preservation And
The Neighborhood Conservation Overlay District be amended as follows with all other portions
remain unchanged:
1. Provide density to meet the goals and objectives of the Downtown Bozeman Improvement
Plan.
• Floor area ratio for any new construction project shall be a minimum of 1.0 FAR.
Lower FAR ratios are acceptable with renovation or remodeling of existing structures.
• Floor-to-floor heights for commercial and mixed use buildings ground floors shall be
designed to accommodate a variety of current and future uses and must comply with
Table 38.320.050 of the municipal code. The first floor level of new commercial and
mixed use buildings shall maintain a minimum floor-to-floor height of 15 feet.
• Ground floor residential uses are exempt from the 15-foot floor-to-floor height
requirements but developers are encouraged to consider taller first floors to provide
flexibility for a variety of uses over time.
Section 6
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.
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Section 7
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 8
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 9
Codification.
This Ordinance shall be codified as indicated in Sections 1-4.
Section 10
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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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 26th day of January, 2021.
____________________________________
CYNTHIA L. ANDRUS
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 regular session thereof held on the 16th day of
November, 2021. The effective date of this ordinance is December 16, 2021.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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