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HomeMy WebLinkAboutUDO as of 8-8-07 . a....." .<.'" 00, '. ......." '" ", CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771- 1230 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net WW'N.bozeman.net Summary of Work Force Housing (Chapter 17.02, BMC) related amendments . Chapter Title Section # Section Title Required Revision General Provisions 18.02.040 Intent and Add affordable housing to the list of purposes Purpose of Ordinance. 18.02.100 Private Limit covenants that make compliance with affordable housing Restrictions. requirements unattainable, ex. minimum building size Residential Zoning 18.16.020 Authorized Uses. Add attached housing as an allowed use in the R-l, RMH and R-S Districts districts, Added a restriction to prohibit smaller lots in previously platted areas prior to the effective date of the ordinance, prohibited the development of accessory dwelling units on workforce housing lots. 18.16.030 Lot Coverage and Modify allowed lot coverage ratios for work force housing lots Floor Area. 18.16.040 Lot Area and Revise minimum lot sizes for work force housing lots Width. 18.16.040 Lot Area and Revise lot width requirements. Width. Commercial Zoning 18.18.020 Authorized Uses. Added cross reference of possible applicability of work force Districts housing requirements Urban Mixed Use 18.19.020 Authorized Uses. Added cross reference of possible applicability of work force District housing requirements Industrial Zoning 18.20.020 Authorized Uses. Added cross reference of possible applicability of work force Districts housing requirements Northeast Historic 18.24.030 Lot Area. Reduced lot area requirements for work force dwelling units. Mixed Use District Site Plan Criteria 18.34.090 Site Plan Criteria Included review for work force compliance in list of review criteria. - Planned Unit 18.36.090 Planned Unit The creation of minimum numbers of affordable housing units does Development Development not count towards compliance with this performance option. Design Density bonus provisions exclude work force housing units. Objectives and Criteria. Standards for 18.40.030 Accessory Prohibited on lots developed for work force housing. Specific Uses Dwelling Units Development 18.42.030 Lot. Modify lot length to width ratio for affordable housing lots Standards Special Use 18.40.090 Condos Add advisory note re possible compliance requirement standards Park and Recreation 18.50.020 Park Area of land required to be dedicated per dwelling reduced by 1: 1. Requirements Requirements. Supplementary 18.72.030 Covenants. Restrict covenants that would have the function of limiting Documents compliance with affordable housing. Submittal Materials 18.78.030 Subdivision Pre- Require information on compliance with affordable housing to be and Requirements Application Plan. submitted early in the platting process. 18.78.050 Preliminary Plat Require information on compliance with affordable housing to be Supplements submitted for review with the preliminary plat. All affordable Required For All housing lots will need a building envelope presented as part of the Subdivisions. platting process. 18.78.070 Final Plat. Require demonstration of compliance with final plat. . planning . zoning . subdivision review . annexation . historic preservation . housing . grant administration . neighborhood coordination Chanter Title Section # Section Title Requircd Revision 18.78.080 Site Plan Require submittal of information of how any lots set aside for Submittal affordable housing development which are affected by the site plan Requirements. are being addressed. . . . Page 2 . ORDINANCE NO. 1710 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING TITLE 17 AND ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 17.02; PROVIDING FOR A NEW TITLE FOR HOUSING AND A NEW CHAPTER FOR WORKFORCE HOUSING. WHEREAS, Bozeman has had a shortage of affordable housing for very low to moderate income households for some time; and, WHEREAS, Bozeman is the only major community in the State of Montana without a Housing Authority; and, WHEREAS, start up funding for Housing Authorities has not been available for many years making innovative program and regulatory approaches, with public and private cooperation, necessary to address the shortage of affordable housing; and, . WHEREAS, Bozeman has attempted innovative approaches to address this shortage over the years, including: . 1979-1982 - a VISTA project to organize low income tenants of Legion Housing; . 1985-1986 - establishment of the City's first Low-Income Housing committee and employment of a parHime housing consultant to staff it; . 1985-1986 - establishment of the first rental rehabilitation Community Development Block Grant program in Montana; · 1993~ 1994 - establishment of an Affordable Housing Task Force; . 1993-1994 - implementation of two Affordable Housing Task Force recommendations - committing $200,000 from the General fund to establish an Affordable Housing Fund and adopting an Accessory Dwelling Unit Ordinance; played a role in the Human Resources Development Council Land Trust from support letters to grant applications to commitment of City funds through loans or grants; . 1994 on - adoption of regulatory and process reforms including the allowance of accessory dwelling units, restricted size lot requirements, reduced size street standards, reduced setbacks, reduction in minimum apartment size, reduction in affordable housing parking requirement, and other process streamlining measures designed to reduce the cost of supplying affordable housing; · 2000 on - used a portion of Big Box economic impact mitigation fees for assistance with the provision of affordable housing; . 2002 - authorized the Community Affordable Housing Advisory board to work with a housing consultant and the MSU marketing department to document housing needs and recommend strategies for meeting those needs on an ongoing basis; . 2003 - adopted broad affordable housing strategies recommended by CAHAB and . 1 community panels. · 2005 - committed a mill to the Affordable Housing Fund; · 2006 - committed two mills to the Affordable Housing fund; and, . Whereas, these efforts have not succeeded in providing an adequate amount of affordable housing in the community; and, Whereas, this shortage of affordable housing impacts households making from 80% to 120% of the Area Median Income. NOW, THEREFORE, BE IT ORDAINED BY THE BOZEMAN CITY COMMISSION: Section 1 That Title 17 of the Bozeman Municipal Code be amended so that Title 17 reads: "Title 17 (Resened) HOUSING" Section 2 . That the Bozeman Municipal Code be amended by adding a chapter to be numbered 17.02, to read: "Chapter 17.02 WORKFORCE HOUSING 17.02.010. Purpose The purpose of this chapter is to enhance the public welfare by ensuring that the workforce housing needs of the city of Bozeman are addressed. The City Commission finds that there is a critical shortage of workforce housing, making home acquisition by many city of Bozeman resident workers extremely difficult. The resident workforce is leaving the city in search of housing, and new employees are being deterred by the high cost of for-purchase housing. To maintain a sufficient resident workforce in all fields of employment, and to ensure the public safety and genera] welfare ofthe residents of the city of Bozeman. resident workforce housing needs must he addressed. It is the intent of this chapter to require the provision. for purchase, of workforce housing units to meet the needs of income-qualified households in the workforce and other households within the specified income range. . 2 . 171.02.020 Definition of Terms Actively Marketed - Active marketing includes. but is not limited to. City of Bozeman website listing and available print advertisement. including. but not limited to. local newspapers and other available print media. Active marketing includes continuous promotion of property concurrent with market rate homes. Afl'ordable Housin2 - Housing for persons earning less than 65 percent of the area's median income for rental housing and less than 100 percent of the area's annual median income for purchased housing. Further. affordable housing does not require greater than 30 percent of the household gross annual median income for housing. Annual median income is defined by the Department of Housing and Urban Development. Affordable housing is subiect to the City's affordable housing policy. Area Median Income (AMI) - Defined by the Department of Housing and Urban Development. AMI is the median income for a family of four within a specific geographical area. such as Gallatin County. Attached Sin21e Familv Home (ASFH) - A dwelling attached by one or more common walls with another dwelling. Multiple homes on a single lot can be deeded separately. such as condominiums. . Bankin2 Units - Workforce Housing Units (WHU)s can be ore-built and/or lots can be set aside for future construction of WHUs. which will count towards the required number of WHUs for a future subdivision and/or development by a particular developer and/or builder. Detached Sin21e Household Home ((DSHH) - A freestanding dwelling built without any shared walls. Dwellin2 - A building or portion thereof. meeting the requirements of the City's adopted International Building Code and used by one household. as defined by Chapter 18.80 of the Unified Development Ordinance. BMC, for residential purposes. Dwelling occupancy duration is typically longer than thirty continuous days. Dwellings may exist in many configurations. including single-household. two-household. multiple household dwellings. and group homes. Dwellings do not include hotels, motels. extended stay lodgings, or tourist homes. Household - A person living alone or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking. and eating facilities. Any number of people related by blood. marriage. adoption. guardianship. or other duly-authorized custodial relationship; A. Not more than four unrelated people, including persons enrolled in an institution of higher learning. Two unrelated people and any children related to either of them; or . B. Not more than four people who are: 3 1. Residents of a ..Community Residential Facility" as defined in ~ 76-411 et. . Seq., MCA and this title; or 2. Handicapped" as defined in the Fair Housing Act, 42 USC ~ 3602 (h). This definition does not include those persons currently illegally using or addicted to a "controlled substance" as defined in the Controlled Substances Act, 21 USC *802 (6). C. "Household" does not include: 1. Any Society, club, fraternity, sorority, association, lodge, combine, federation, coterie, cooperative housing, or like organization; 2. Any group of individuals whose association is temporary or seasonal in nature; or 3. Any group of individuals who are in a group living arrangement as a result of criminal offenses. Housine & Urban Development (HUD) - The federal agency responsible for setting Area Median Income limits. Unified Development Ordinance (UDO) - City of Bozeman's code providing rules and regulations for city development. Workforce - Households earning less than 120% of AMI for the City of Bozeman or, for households larger than four, households with a current average income at or less than 120% AMI for a household of that size. Workforce Housine Plan ~ each development meeting the applicability criteria defined in 17.02.030 shall have a workforce housing plan under this ordinance. The workforce housing plan shall be consistent with the provisions set forth in the Workforce Housing Ordinance. . Workforce Housine Proeram - This program is established under the Workforce Housing Ordinance. The Workforce Housing Program is administered by the City of Bozeman, the Commission and/or agency directed by the Commission. Workforce Housine Unit (WHU) - Housing for persons earning less than 120 percent of the area's median income for purchased housing. Further, workforce housing does not require greater than 30 percent of the household gross annual median income for housing. Annual median income is defined by the Department of Housing and Urban Development. 17.02.030. A. Applicabilitv 1. A developer of a subdivision that includes residential lots, for which preliminary plat is submitted on or after August 15, 2007 and which will result in development of ten or more residential lots shall provide a lot or lots . 4 . . . 2. for the construction of 0.4 dwelling units per net acre of development for the workforce housing program. Multiple developments or projects by the same applicant or responsible party within any consecutive 12-month period on parcels held in contiguous ownership at the time of the initial development that in the aggregate equal or exceed ten residential lots shall be subject to this section. Any site plan including residential condominiums on lots created or annexed on or after August 15.2007. with a gross project area of more than 5 acres shall provide. or shall cause to be provided 0.4 dwelling units per net acre of development for the workforce housing program. Multiple site plans by the same applicant or responsible party within any consecutive l2-month period that in the aggregate exceed a gross proiect area of 5 acres shall be subject to this section. B. Project Size: 1. Subdivisions with fewer than ten lots. or condominium site plans with a gross project area of 5 acres or less: No workforce housing requirements. 2. Subdivisions with ten or more lots. or condominium site plans on lots created or annexed on or after August 15.2007. with a gross project area of more than 5 acres: 0.4 dwelling units per net acre of development in the subdivision must be dedicated to workforce housing requirements (excluding any additional dwelling units approved through a density bonus). subject to the provisions of Section 17.02.040. 17.02.030. Workforce Housine: Plan ReQuired The developer of a proiect meeting the applicability criteria defined in 17.02.030 shall submit. prior to or concurrently with their application for preliminary plat or condominium site plan approval. an application describing their workforce housing plan in accordance with this and other applicable ordinances. The developer's workforce housing plan must. in addition to items listed above. include a marketing plan and estimated project timeline. 17.02.040. Compliance A development meeting the applicability criteria defined in 17.02.030 is required to provide lots and/or building areas for construction of Workforce Housing Units (WHUs) for homeownership according to this chapter and may meet its obligations according to one or a combination of the methods established below. Workforce Housing Detached Single Household Home (DSHH) lots and Workforce Housing Attached Single Housing Unit (ASHU) lots shall be sized according to the matrix found in 17.02.050 and shall be priced at $12/sf in 2007 and increase annually at 5 the lesser of 4% or the increase in the AMI for that year. Periodic review of the annual increase shall be completed by the City and shall not be greater than the lesser of 4% annually or the increase in the AMI over that time period. . A. Density Calculations 1. The required number of for sale WHUs is calculated at 0.4 units per net lot area of development in acres. 2. Where the fractional calculated required WHU lots are greater than one- half. the developer shall be required to provide the next full lot. B. Specified Use Calculations 1. A minimum of 30% of the required WHU s must be DSFHs. 2. The remaining required WHUs may be either DSFHs or ASFUs 3. Rounding of units will be in favor of DSFH. C. Deed Restriction 1. The WHUs shall be deed-restricted to meet UDO and Workforce Housing Unit program requirements. If the actively marketed DSF lot is not sold within one year of final plat approval. the deed restriction shall be removed. If the actively marketed DSFH or ASFU is not sold within 6 months of receiving an occupancy permit from the City Building Department. the deed restriction will be removed. . 2. 3. D. Marketing 1. All lots and WHUs shall be actively marketed by the developer and/or builder in the appropriate print media and on the City of Bozeman's website. 2. WHU lots shall be actively marketed concurrently with the market rate lots. E. Methods of Compliance 1. The developer shall provide the required number of lots for construction of DSFH and ASFU. The lots shall be actively marketed at the same time as the other lots are marketed and not later than commencing at final plat approval. 2. Off-site workforce dwelling unit lots . 6 . a. The developer of a subdivision may provide WHU lots off-site for the production of the same number and type ofWHUs required for the development of hislher subdivision. The land must be suitable for construction, without abnormalities and with complete environmental review accepted by the City of Bozeman. It must be economically feasible to develop the required number of units on the site. The site must be appropriately zoned and improved with infrastructure (including curbs, gutters, water. sewer, and storm drainage) to City of Bozeman standards. Excessive aggregation of WHUs shall be discouraged. b. The developer may opt to build WHUs in another location within the City of Bozeman. When developed in excess of required WHUs or in advance of the development for which the WHUs will be required, such WHUs will be accepted as credit toward required units in a future application(s). This process is known as "banking units". The banked units must be pre-approved by the workforce housing program administrator. . c. Existing housing may be used to fulfill the requirements defined in Option #1 above. Such housing must be located within the City, be zoned for residential use, have clear title, be in good repair and available for immediate habitation. The conversion to condominiums of existing rental multifamily housing will not be considered for compliance with the requirements of Option #1, unless such conversions were completed on or before December 31, 2006. d. "Bonus lots" gained from reduced parkland may not be sold until WHU construction commences. e. 80% of the WHUs in any phase of a multi phase development must be built before the next phase may be commenced excePting infrastructure installation common to both phases. 3. Individualized Program A developer may opt for an individualized program which must provide, at a minimum, the same number of units required under option number 1. An individualized program will be subiect to standard review by city staff, boards, the Commission, and the public. There will be one additional public meeting with the City Affordable Housing Advisory Board (CAHAB). This meeting will review: . a. proiect feasibility 7 b. overall benefits and drawbacks of the proiect . c. compliance with the affordable housing policy priority needs The CAHAB will make a recommendation to the City Commission on each individualized program. The Commission will make the final decision in coniunction with preliminary plat review. 4. Cash in Lieu The developer may pay a fee to the City of three times the value per lot of the lots required to be provided at reduced prices in option #1 above. Money received through the Cash in Lieu option shall be used to provide down payment assistance and dwelling units for the priority populations identified in the City's periodic housing needs assessment and to cover administrative costs. 25% of any cash in lieu collected through this ordinance will be set aside for parkland acquisition; maintenance and enforcement of parkland development requirements after adequate administrative costs are withdrawn. F. W ai ver. A developer may request a waiver from the requirements of this chapter. A waiver request must be submitted to the Community Affordable Housing Advisory Board simultaneously with application for preliminary plat subdivision review. The CAHAB will make a recommendation to the City Commission on each waiver request, which will make a final decision. . 17.02.050. Cost of Housine Determining the price of a unit: The maximum sales price of a for-purchase Workforce Housing Unit will be determined annually by the Workforce Housing Administrator using the assumptions listed below. The maximum price of a house built on a workforce housing lot will be provided to the developer of the subdivision at final plat. The price of each WHU is the total price, and will include all taxes, fees, Sills and commissions accrued in bringing the house to the point of sale. The purchaser of the WHU is responsible for payment of closing costs to secure their financing and is also responsible for payment of any Sills created after point of sale. Pricing assumptions: . 8 . . Total units req'd Detach ed units reqUIre d Unit # 1 . In setting the maximum price of a WHU, the plan administrator will use the following assumptions: 1) The Area Median Income (AMI), as of January 1 st of each year, as set annually by HUD will be used to define annual income for households of2, 3. and 4 earning 80% and 100% of AMI. 2) Gross monthly income will be calculated as annual income divided by 12. 3) The household's monthly payment will not exceed 30% of their gross monthly income for payment of Principal, Interest. Taxes. Insurance, and Homeowner's Association Dues. 4) 27% of the household's monthly housing payment will be allocated toward payment of escrows for taxes, insurance, and homeowner's association dues. 5) The interest rate will be calculated using the rate of the Montana Board of Housing's regular bond program plus 1,4% as of January 1st of each year. 6) The loan will be a 30 year, fixed rate loan. 7) Loan to value is 97%. The following table depicts the mix of dwelling unit types and the associated maximum price for units used to comply with the provisions of this chapter. Houses must be built to minimum construction standards specified by the workforce housing program administrator. Developments using condominium housing to meet the requirements of this section shall take the necessary steps during construction and shall provide the necessary covenants concerning owner occupancy requirements to assure that condominium purchases will be eligible for Fannie Mae or FHA financing. Mix and Price of Dwelling Units 2 3 4 5 6 7 8 9 10 '1 .. .3 = 1 .6 = 1 .9 = 1 1.2 = 2 1.5 = 2 1.8 = 2 2.1 = 3 2.4 = 3 2.7 = 3 3=3 0, D, D, D, D, D, D, D, D, D, HH4 HH4 HH4 HH4 HH4 HH4 HH4 HH4 HH4 HH4 A, A, D, D, D, D, D, D, D, HH4 HH4 HH3 HH3 HH3 HH3 HH3 HH3 HH3 *when A, A, A, A, D, D, D, D, only HH3 HH4 HH4 HH4 HH2 HH2 HH2 HH2 3 9 two A, A, A, A, A, A, A, 4 units HH3 HH3 HH3 HH4 HH4 HH4 HH4 are A, A, A, A, A, A, . 5 require HH2 HH3 HH3 HH3 HH4 HH4 d, the develo A, A, A, A, A, 6 per HH2 HH3 HH3 HH3 HH3 may A, A, A, A, 7 opt to HH2 HH2 HH3 HH3 create A, A, A, 8 the two HH2 HH2 HH3 units above, or may choose , as an altemat ive, to create two (2) A, HH4 A, A, 9 units HH2 HH2 A, . 10 HH2 Key: Minim Min. HH um# Minim Lot Unit Unit prIcmg bed roo umof Garage size max Code Type AMI SIze ms baths req'd (sq. ft) pnce D, Detach Set HH4 ed 100% 4 3 1+.5 1 stall 2700 annuall D, Detach yby HH3 ed 100% 3 3 ]+.5 1 stall 2700 WFH D, Detach admini HH2 ed 100% 2 2 1+.5 1 stall 2700 strator A, Attach usmg HH4 ed 80% 4 3 1+.5 ] stall 2500 the A, Attach assum HH3 ed 80% 3 3 1+.5 ] stall 2500 ptions A, Attach listed HH2 ed 80% 2 2 .75+.5 ] stall 2500 m Sectio . n 17.02. 050 - 10. . . . Units required in excess of 10 will be detennined using the above chart. For example, 15 units will be detennined by combining the requirements for 10 and 5 units. Thirty five (35) units will be calculated using three times the ten unit requirement plus the five unit requirement. 17.02.060. Cost Offsets A one-to~one densitv bonus will be provided for each dwelling unit meeting the workforce housing requirements, whether on-site or through land dedication. Densitv of development must be such that the density bonus does not cause the individual lots to have dimensions or constructed dwellings to have characteristics which are less than minimum standards established bv Title 18, BMC. 17.02.060. Cost Offsets A one-to-one densitv bonus will be provided for each dwelling unit meeting the workforce housing requirements, whether on-site or through land dedication. Densitv of development must be such that the densitv bonus does not cause the individual lots to have dimensions or constructed dwellings to have characteristics which are less than minimum standards established bv Title 18, BMC. A. Developers and builders mav choose to take advantage of as manv of the following cost offsets as are appropriate for their proiect, subiect to anv limitations listed with specific offsets: 1.The reduction of parkland for WHU shall be a 1: 1 ratio based on the minimum required square footage of the lot area of the minimum required number of lots. For example, if 50,000 square feet of WHU lots are required then there shall be a reduction in the required parkland area of 50.000 square feet. If the developer chooses to develop more than the required WHU lots the additional lot area square footage, above the minimum required, shall not reduce the parkland area below the statutory minimum required. If the developer chooses to develop the required WHU lots on lots larger than the minimum required lot area, the additional lot area square footage, above the minimum required, shall not reduce the parkland area below the statutory minimum required. The reduction of parkland shall be allowed for WHUs and/or lots provided offsite but onlv to the extent of the minimum required WHU lot area for the development applying for this parkland offset and onlv applied on the site of the development applving for the parkland offset. The work force housing park dedication reductions can not cause a subdivision to provide less than the minimum amount of parkland required by Section 76~3~621 of state law. 2. Significantlv smaller minimum lot sizes are allowed for workforce dwelling (WHUs), both detached and attached. units 3. A one-to-one densitv bonus is available for each lot meeting the requirements of this ordinance, whether onsite or through offsite land dedication. Additional parkland does not have to be provided for housing created through this densitv bonus provision. 4. Builders paving WHU impact fees qualifv for deferral of pavment until certificate of occupancv. . 11 - 5. A sliding scale of fully waived, reduced and deferred impact fees will be used for WHUs. WHUs priced for sale to households making 70% or less of AMI qualify for 100% waived impact fee. Units priced for sale to households making 71-80% AMI qualify for 50% waived . impact fee and 50% impact fee payment deferred until certificate of occupancy. Units priced for sale to households making 81 % to 90% AMI qualify for 25% waived impact fee and 75% impact fee payment deferred until certificate of occupancy. Units priced for sale to households at 91-100% AMI qualify for 100% impact fee payment deferred until certificate of occupancy. 6. Reduction or waiver of other Citv fees may be available for housing projects that are 100% affordable, according to the city definition of affordabilitv and that are approved through the individualized program. 7. Fast-track site plan review is allowed through use of contract planners. 8. Expedited review bv all departments (planning. engineering, building, etc.) will be arranged upon request for site plans with 100% affordable or workforce housing. 9. Simultaneous infrastructure and housing construction will be permitted upon request for projects building on-site workforce housing units as specified bv this ordinance, in line with UDO requirements. 10. Projects will be rewarded with optimal review time if project submittals are complete and fully . meet code standards so planners/engineerslbuilding departmcnt do not have to send the project back to applicant for more work 11. Low-interest construction loans possible for construction of workforce housing units on an as- available basis through the Citv's Economic Development and Housing Revolving Loan Funds and/or through participating private lenders. 12. Zero lot line is allowed in all residential zoning districts for creation of paired town homes on two lots. This permits combination of two workforce housing units or one workforce unit and one market-rate unit. In R-I zoning, duplexes must be comparable in size to market-rate single family homes in the subdivision and designed to look like single-family homes in regard to placement of doors, garages, and driveway. 13. WHU architectural plans available through the City will be exempt from Design Review. 17.02.070 Requirements for Workforce Housine: Units (for the Builder/Developer) A. Mix. Workforce housing units (WHU) shall be a mix of two and three bedrooms, both detached and attached. There shall be a minimum of 30% detached units, with the remainder as attached units. The units shall be located throughout the subdivision. All homes must have at least one bath and a single car garage at minimum. One bedroom units and four bedroom units will be considered as WHUs as part of an individualized proiect. (See section in Methods of Compliance). . - 12 - . . . B. Unit type The units must be similar (compatible. consistent) in exterior finish and design to other market rate units within the subdivision. (Concept is that WHUs should not be easily identifiable by someone driving through the area). C. Livabilitv WHUs should be functionally equivalent to other market rate units. i.e. closets. patios or decks or porches. kitchens. The materials used on the interior finish may be of different quality. e.g. laminate countertops instead of tile. linoleum entry instead of tile. but durable. D. Location The location of the WHU must be identified on the preliminary and final plats. The units must be located throughout the subdivision. either individually or in small clusters. (Concept is that units may be in small clusters. but not located in one comer/area of the subdivision ). E. TimiD!! Regarding Lots: 1) Workforce Housing Lots must be actively marketed (refer to Section l7.02.040.D) during the same period as market rate lots in the subdivision. 2) Workforce Housing Lots must provide the City of Bozeman with First Right of Refusal to purchase in the event that an actively marketed lot is not sold within 12 months of availability. 3) In the event that a lot has been actively marketed (as determined bv the Workforce Housing Administrative Authoritv) for a period of not less than 1 year and remains unsold the City will do the following: a) Determine if the City will elect to exercise their First Right of Refusal to purchase the lot at its workforce housing program price; b) If the City chooses not to purchase the property. the developer may sell the lot as a market rate lot. The difference between the lot's sales price and the workforce housing program price plus interest paid on the lot will be paid to the Citv's Affordable Housing Fund when the lot closes bv the title company. The deed restriction on the lot will be removed at closing as well. 4) Lots that are not actively marketed and for which building permits are not drawn within 4 years of commencement of construction of market rate units will be subiect to purchase by the City at Y2 the workforce housing lot price in the year final plat was received. Regarding Building on the Lots: 1) Workforce Housing Lots purchased must draw building permits within 3 years of the initial sale of the lot. 2) Workforce Housing Lots not drawing a building permit within 3 years of the initial transfer of the lot will be subiect to purchase by the City of Bozeman for Y2 the workforce housing lot price in the year final plat for the subdivision was received. - 13 - 3) Owners of a Workforce Housing Lot unable to draw a building permit in the prescribed time may appeal to Workforce Housing Administrative Authoritv for a waiver to prevent sale of the lot to the City and anow for additional time to construct a Workforce Housing Unit. The . request will be reviewed bv the Workforce Housing Administrative Authority, who win make a recommendation to the City Commission. Final decision will be that of the City Commission. Requests for waivers must include: a) Reason for the request b) Lot owner's proposal to build workforce housing unit and timeline F. Disclosure In addition to being designated on the plat, the location and type of WHU in a development must be disclosed in writing bv each seller of a WHU to each subsequent purchaser. 17.02.080 Occupancy Reauirements: A. Owner Occupancy: WHUs must be the primary residence of the owner. A property may not be vacant for more than 30 days. B. Proof of Primary Residency: Homeowners are required to supply proof of full-time residence on an annual hasis to the City. Proof must consist of bills from utility companies or any personal government mailings. If it is determined that the WHU is not being used as a primary residence. the lender will be notified. The Mortgage Lender and or its assigns, will handle this conflict according to a Rider that is attached to the Mortgage Note, which is signed bv the mortgagor (applicant) at settlement of the loan. . C. Allowance for Periodic Absences: Absences are allowed for sabbaticals. yearlong ioh transfers, military responsibilities, etc. Periodic ahsences are not to exceed one year or as established by Federal law. Proof of valid absence shall be required D. Renting During Periodic Absences: WHUs may be rented bv the owner during an acceptable periodic absence. The homeowner may rent their home for one full year for every five years of residency. If the WHU homeowner rents their home for more than one consecutive year, this is not considered owner occupancy and the loan will be called due in full within 30 days. The homeowner must notify the city when such rentals are commenced and terminated. E. Purchase of Another Property During Residencv: A homeowner is allowed to property while living in their WHU but must notify the city. purchase other F. Sustained affordabilitv: The following measures will be applied to ensure that affordability is achieved in the workforce housing: sustained 1. Appreciation on the unit will be capped at 4.5% per year. maximum. A person purchasing a WHU will only be eligible to receive a maximum of 4.5% appreciation each year. This is the maximum appreciation allowed, not the guaranteed rate of appreciation. Purchasers will receive a maximum appreciation schedule at closing. 2. In the case of foreclosure or sale, the City of Bozeman will be granted a First Right of Refusal on . the property. Anv net income the City earns from the resale of the property will be dedicated to down payment assistance. Should the City not exercise this right. the lender may liquidate the . 14 - . . . property at market rate. 3. The maximum rate of appreciation will apply for the first 10 years of ownership. After 10 years of ownership. any workforce housing deed restriction on the property will be removed. If the house is sold before] 0 years. the new buyer will be subiect to the workforce housing eligibility requirements and a new 10 year affordability period will commence. 4. In the event of the sale of the property before ten years, appreciation of the property is calculated. If the actual appreciation of the property is less than the maximum appreciation, the owner receives the actual appreciation (less costs). If the maximum rate of appreciation is equal to the rate of appreciation, the owner receives the maximum rate (less costs). If the actual appreciation of the property is greater than the maximum rate (4.5%), the owner receives the maximum rate (4.5%) and the difference will be allocated to the Citv's Workforce Housing fund 17.02.090 Buver Qualification: Before a household may register in the lottery for the opportunity to purchase a WHU, they must meet the following requirements: A. Buyer Loan Pre-Qualification: All Program applicants must be pre~qualified upon credit evaluation (credit scores from all three credit bureaus or acceptable non-traditional scores) by a City approved lender. The applicant( s) must obtain a letter of pre-qualification from the City approved lender that is no more than 90 days old. Once the applicant is pre-approved by the Workforce Housing Program Authority and a City approved lender, they will be placed into the lottery. Theapplicant(s) will remain pre-qualified until selected in the lottery. Once selected, if the applicant's pre-qualification letter is older than 90 days. the applicant will be given one week to obtain pre~qualification again. After one week, the selection lapses and new buyers are selected. If the applicant(s) letter is less than 90 days old at time of selection, the applicant(s) do not have to obtain re-qualification from a City approved lender. The city shall cooperate with the Road To Home program and local lenders to assist in maintaining the prequalified list. B. Household Income: The current total household income for the household may not exceed 120% of Area Median Income for a household or 4. For households larger than four, the income cap will be 120% for the size of that household. C. Asset Limits: The applicant must verify that they have sufficient liquidity to bridge the gap between the loan amount and the home's purchase price; however, total liquid household assets are limited to $100.000 and non-liquid assets are limited to $150,000. Applicants are not allowed to own any other homes or residential property anywhere. This provision eliminates any applicants who own rental or investment property. D. Household Size: There will be no minimum or maximum household size limits for the Program except as defined by Local, State or Federal law. E. Residency Requirement: All applicants must be residents of or employees working in Gallatin County or demonstrate that they are moving to the area for a specific iob when they apply for the Program. F. Homebuyer's Education: Applicants must complete a homebuyer's education program of the . 15 - city's choice. 17.02.100 Buyer Selection Process (the Lottery): . A lottery system will be established by the City and/or Workforce Housing Program agency to determine a homebuyer whenever multiple qualified applicants wish to purchase the same workforce lot or home. 17.02.110 Proerarn Review The Workforce Housing Program established herein shall be reviewed two years after its inception and annually thereafter to determine its effectiveness and to detenrune if the mechanics of the program are found to impose an unreasonable burden on either the parties producing the housing or the on the parties purchasing it. " Section 3 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 4 Savines 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. Section 5 Severability. If any portion of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions ofthis ordinance which may be given effect without the invalid provisions or application and, to this end, the provisions ofthis ordinance are declared to be severable. Section 6 Effective Date. This ordinance shall be in full force and effect on August 15, 2007. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _ day of ,2007 . JEFF KRAUSS, Mayor - 16. . . . ATTEST: BRIT FONTENOT City Clerk PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the day of ,2007. JEFF KRAUSS, Mayor ATTEST: BRIT FONTENOT City Clerk APPROVED AS TO FORM: PAULl. LUWE City Attorney . 17 - ~<"';':;':' ',.,' . ...( .. ,'~ : . ~:,;~~1:' ., ",'~ .~",~\" ....'; ",;-""'~~"1'J7::""7",ir-.'.- . . . . . . TABLE OF CONTENTS CHAPTER 18.02 GENERAL PROVISIONS , 18.02.010 Citation ...... ................ ...................... ....... ......... .......... ....... .... ........ ..................... ............ ............. 1 18.02.020 Authority ..... ...... ...... ............. ... ............ ........ ........................ ...... .... ... ........ ....... ....... ........ ...... ..... .... 1 18.02.030 Jurisdictional Area and Application .............................................................................................. 1 18.02.040 Intent and Purpose of Ordinance ................................................................................................. 1 18.02.050 Interpretation as Minim urn Requirements..... .............. .................. ............. ................... .............. 2 18.02.060 Donations or Grants to Public Considered A Grant to Donee ............................................... 2 18.02.070 Conditions Of Approval ...... ..... ............... .................................. ................ ........... ......................... 2 18.02.080 Compliance with Regulations Required ....................................................................................... 3 18.02.090 Developments That lie Within Multiple Jurisdictions .............................................................. 3 18.02.100 Private Restrictions..... ... ....... ......... ................ ..... ............. ....... .... ....... ............. ........... ...................... 3 18.02.110 Severability....... .............. ........ ................ ........ ..... ............. ........... ....... ....... ............. .............. ............ 4 CHAPTER 18.04 SUBDIVISION AND PLATTING ADMINISTRATIVE PROCEDURES 18.04.01 0 Transfers Of Title ........... ....... ................. ............. ............... ......... ...... ................................ .............. 1 18.04.020 Effect Of Recording Complying Plat ........................................................................................... 1 18.04.030 Correction of Errors, Amendments or Vacation of Recorded Final Plats ............................. 2 18.04.040 Correction of Recorded Plat by Governing Body...................................................................... 2 18.04.050 Disposition of Water R.ights ...... .............. .......... ................ ............... ........................ ......... ............ 2 CHAPTER 18.06 REVIEW PROCEDURES FOR SUBDIVISIONS 18.06.010 General Proced ute ....... ........................ .................... ......... ....... ..................... ..................... ........... 1 18.06.020 Pre-Submittal Meeting and Pre-Application Plan Review......................................................... 1 18.06.030 Concurrent Review............. ................... ................ .......................... ............... ..............................2 18.06.040 Preliminary Plat .. .......... ........................... ......... ........ ..................... ... .............. ..................... ...... .... 2 18.06.050 Notice Of Certification That Water And Waste Services Will Be Provided By Local Government .. ......... .... ................. ...... ...... ..... ............... ...... ............. .............. .... ... ........ .... 8 18.06.060 Final Plat Application ........ ......... ..... ................ ...... ......... .......... ............ ......... .......... ..................... 9 18.06.070 Changes To Filed Subdivision Plats .............................................................................................10 CHAPTER 18.08 LAND SUBDIVISIONS CREATED BY RENT OR LEASE 18.08.010 General ............... ......... ............ ............. ......... ...................... ..... ................. ............ ...... .... ........... 1 18.08.020 Procedure, Submittal Requirements and Review Criteria.......................................................... 2 18.08.030 Timing Of Improvements.... ... ..... ................................... .................. ...... ....... ............ ....... .............2 18.08.040 Filing Of Final Plan ............... ...... ............. ......... ................ ......... ............. .............. ............. ............ 2 CHAPTER 18.10 SUBDIVISION EXEMPTIONS 18.10.010 Divisions of Land Entirely Exempt From the Requirements of This Title And The Montana Subdivision and Platting Act................................................................................. 1 18.10.020 Specific Divisions of Land Exempt From Review But Subject To Survey Requirements For Divisions of Land Not Amounting To Subdivisions .........................................................2 18.10.030 Exemptions from Surveying and Filing Requirements But Subject to Review...................... 2 ill 18.10.040 Condominiums.... ............ ........ ........ ..... .... .................. ...... ...... ................................. .............. ...... .... 2 18.10.050 Exemption from Surveying and Platting Requirements for Lands Acquired For State Highways.......... ..... .... ......................... ...... ...... ..................... .............. ....... ........ ............... 3 . 18.10.060 Procedures and General Requirements ........................................................................................ 3 18.10.070 Exemption Review Criteria..... .......... ........ .................... ................................. ................. ............... 5 18.10.080 Procedures for Filing Certificates Of Survey of Divisions of Land Entirely Exempted From the Requirements of the Act ........................................................................... 8 18.10.090 Correction of Errors .... ............. ......... .......... ............ ...... ....... ..................... ..... ................................ 8 CHAPTER 18.12 SUBDIVISION CERTIFICATES 18.12.010 General ....... .................. ...... ..... ............................ .............. ............ .............. ....... .......... .............. 1 18.12.020 Dedication or Consent ................................................................................................................. 1 18.12.030 Mortgagee ...... ................................ ......... ......... ........... ................ ....................... ....... ........... ........... 2 18.12.040 Park Land .............. ........ ....... ....... ...... ......... ............. ....................... .................. ...... ...... ............ ..... 3 18.12.050 Surveyor ................ ...................... ...... ............ ........ ............. .......... ..... ........... ........ ........................ 4 1 8.12.060 Improvements ......................... ................ ...... ..... ....... ..... .......... ........... ............... ................... .......... 4 18.12.070 Governing Body........... ........ ....................... ................................ .............. ....... ....... ....... ...... ........... 5 18.12.080 Exclusion from MDEQ Review ................................................................................................... 5 18.12.090 County Treasurer ........ ........ .............. ........ ......... ....... ...... ............. ............ ........ ..... ........... ...... ......... 6 18.12.100 Clerk and Recorder.......... ....... ....... ........ ......... ........... ..... ................. ......... ........ ............... .... ........... 6 18.12.110 Certification of Use of Exemption Claim.................................................................................... 7 CHAPTER 18.14 ZONING DISTRICTS AND ZONING MAP 18.14.010 Use Districts Designated, Zoning Map Adopted ....................................................................... 1 . 18.14.020 Official Map Availability, Certification And Authority - Changes ........................................... 2 18.14.030 Official Map Replacement Conditions ......................................................................................... 2 18.14.040 Boundary Interpretation Guidelines ............................................................................................. 2 18.14.050 Classification of Particular Uses ~ Planning Director and City Commission Authority ....... 3 18.14.060 Zoning Of Annexed Territory .......................................................................................................3 CHAPTER 18.16 RESIDENTIAL ZONING DISTRICTS 18.16.010 Intent and Purpose of Residential Zoning Districts .................................................................. 1 18.16.020 Authorized Uses.... ........ ..................... ........ ....... ........... .............. ......... ...... ............... ........ ............... 2 18.16.030 Lot Coverage and Floor Area ........................................................................................................4 18.16.040 Lot Area and Width....... ..... ..... ........ ...........:.. ..... ...... ...... ............ ......... ..... ............ ......... ...... ............4 18.16.050 Yards ................. ......... ....................... .................... ............. .............. ......... ............... ........... .... 5 18.16.060 Building Height.......................... .......... ....... .................... ............ ......... ..... ....... ........ ........................ 6 18.16.070 Residential Garages.............................. .......... ..... ............. ...... ............... ...... ........ .......... ....... ........... 6 18.16.080 Additional RMH District Performance Standards ..................................................................... 7 CHAPTER 18.18 COMMERCIAL ZONING DISTRICTS 18.18.010 Intent and Purpose of Commercial Zoning Districts ................................................................1 18.18.020 Authorized Uses ......... ........................ ...... ......... ..................... .............. ..... ....................... ............... 1 18.18.030 Lot Coverage and Floor Area ........................................................................................................ 4 . 18.18.040 Lot Area and Width ........................................................................................................................ 4 18.18.050 Yards ........ .............. ......................... ...... ............. ................................................... ... ............... 4 18.18.060 Building Heigh t........................ ............ ....... ............................ ............................ ............................. 5 iv . . . CHAPTER 18.19 URBAN MIXED-USE DISTRICT 18.19.010 Intent and Purpose of Urban Mixed~Use Zoning District........................................................ 1 18.19 .020 Authorized Uses ...... ....... ......... ...... ................. ........ ..... ...... ............... ........................ ............... ........ 2 '18.19.030 Lot Coverage and Floor Area........................................................................................................ 4 18.19.040 Lot Area and Width ........................................................................................................................ 4 18.19 .050 Yards ...... ..... ...... ............................................ ..... ....... ......... ............. ................. ................. ...... 5 18.19.060 Building Height..................... ............... ...................... ....... ........................ ................ ......... ....... ....... 5 18.19.070 Special Standards ...... .......... ....... .... ....... ............ ....................... .......... ..... ............................ ... ..... ..... 5 CHAPTER 18.20 INDUSTRIAL ZONING DISTRICTS 18.20.010 Intent and Purpose of Industrial Zoning Districts..................................................................... 1 18.20.020 Authorized Uses ................ ...... ..... ....... .......... .............. ..................... ....... ........................... ............. 1 18.20.030 Lot Coverage and Floor Area ........................................................................................................ 3 18.20.040 Lot Area and Width ....... ........ ............ ......................................... ............................. ........... ............ 4 18.20.050 Yards .... ................. ....................... ............ ........... ............... ............. ............................ ............ 4 18.20.060 Building Height.. ...... .......... ...... ....... ........ ............ ............. .............. ...... .................... ............ ............ 4 CHAPTER 18.22 PUBLIC LANDS AND INSTITUTIONS DISTRICT 18.22.010 Intent .. .................... ............................................ ........ ...... .................. ............... ......... ..... ........ 1 18.22.020 Applicability.......... ....... ................. .... ..................... ............ ..... ...... ...... ...... ................ ............ ............ 1 18.22.030 Authorized Uses... ......... ..................... ........................... ... ........... ............... ..................................... 1 18.22.040 Lot Area and Width. ...................... ..................................... ............ ................ ......... ........... ............ 1 18.22.050 Lot Coverage. ........ ........ ...................... ............... ......... ....... ........... ............. ............. .............. ........... 1 18.22.060 Yards .... ........ ................................ ................................. .......... .......... ................. .......... ........... 2 CHAPTER 18.24 NORTHEAST HISTORIC MIXED USE DISTRICT 18.24.010 Intent and Purpose....... ........ ............ .............. ................... ......... ...................... ................. .............. 1 18.24.020 Authorized Uses ...................... .............. ..... .......... ....... ........ ....... .......... ............ ..... ............ .............. 1 18.24.030 Lot Area and Width...... ............... ....... .......... .............. ...... ....... ....... ............... ...... ....... ... ... .............. 1 18.24.040 Lot Coverage and Floor Area ........................................................................................................ 1 18.24.050 Yards ............... ....................... ........ .................... .......... ....... ........ .......... ......... .................. ....... 2 18.24.060 Building Heigh t......... .......................... .......................... ..... ...... ..... .......,..... .... ......... ............ ............. 2 18.24.070 Residential Garages. ........ ............... .................... .......... ...... ............ ............... ...... ... ................... ...... 2 ' 18.24.080 Special Standards and Requirements ............................................................................................ 2 CHAPTER 18.26 REQUIREMENTS FOR CREATION OF A HISTORIC MIXED USE DISTRICT 18.26.010 Description and Purpose. .............. ........ ................. ........ ..... .......... ........... ............... ........... ..... ....... 1 18.26.020 Criteria for Establishment of the Historic Mixed Use District ................................................ 1 18.26.030 llistoric Mixed Use District Elements ......................................................................................... 1 18.26.040 Initiation, Procedures and Notice ................................................................................................. 2 CHAPTER 18.28 NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT 18.28.010 Inten t and Purpose............ ............. ............. ........ ......... .... ...................... ......... ....... ..................... .... 1 v 18.28.020 Design Review Board and Administrative Design Review Staff Powers and Duties Within Conservation Districts.... ...... ............. ........................ ......... .......... ........... .... ........... ........... 2 . 18.28.030 Conservation District Designation or Recision .......................................................................... 2 18.28.040 Certificate Of Appropriateness ................ ...... ................ ......................... ....... ..... ......................... 2 18.28.050 Standards for Certificates of Appropriateness ............................................................................3 18.28.060 Application Requirements for Certificates of Appropriateness in Conservation Di stri cts .............................................................................................................................. ......... 4 18.28.070 Deviations from Underlying Zoning Requirements .................................................................. 4 18.28.080 Demolition or Movement of Structures or Sites within the Conservation District ..............4 18.28.090 Appeals .................. .... ............ ........ ......... ...... .............. .... .... .......... ............ .... .................. ....... ..... 5 CHAPTER 18.30 BOZEMAN ENTRYWAY CORRIDOR OVERLAY DISTRICT 18.30.010 Title .............. ....... ................... ..... ................. .............. .............. ........ ................ ........ ......... .... 1 18.30.020 Intent and Purpose ....... ......... ......... ..... .............. ................. ................ ................... ............... ........... 1 18.30.030 Application of Entryway Corridor Provisions ..................~......................................................... 1 18.30.040 Design Review Board and Administrative Design Review Staff Powers and Duties Within Entryway Corridors.................. ...... ........ ............. .............. ..... ....... ......................... ..... ....... 2 18.30.050 Certificate Of Appropriateness ............. ...... ..... ...... ............................ ........................ ................... 2 18.30.060 Design Criteria and Development Standards in Entryway Corridors ....................................2 18.30.070 Application Requirements for Certificates of Appropriateness in Entryway Corridor ........3 18.30.080 Deviation from Overlay or Underlying Zoning Requirements ................................................ 3 18.30.090 Appeals ............... ....... ........ ............................ ......... ..... ....... ......... ...... ........... ....... ..... ....... ........... 3 CHAPTER 18.32 CASINO OVERLAY DISTRICT . 18.32.010 Intent .... ............ ........ ....... ................................................. ............................................ ........... 1 18.32.020 Application for Zoning DesiblTlation ............................................................................................ 1 18.32.030 Authorized Uses....... ............... ................... ........ ................ ................................................. ............ 1 18.32.040 Restrictions............. ................. .............. ............ ......... ............ ..... ....... ....... .................. ......... ............ 1 18.32.050 Lot Area and Width ......... ....... ................ ... ........ ..................... ............ ....... ................... ....... ........... 1 18.32.060 I,ot Coverage... .............. ......... ......... ..... ........ ....... .................... ........... ...... ......... ........ ...... .......... ....... 2 18.32.070 Yards .... .......... ........... ......... ....... ......... ........ .................... .............. ...... ....... ................. ............. 2 18.32.080 Building Height ............. ................. ...................... ...... ........ ................................. ................. ............ 2 CHAPTER 18.34 SITE PLAN REVIEW 18.34.01 0 Introduction.......... ................................ ................... ............ .... .......... ....... ................. ..... ........... ...... 1 18.34.020 Classification of Site Plans.. ...................... ............... ................ ................... ...................... ............. 1 18.34.030 Special Development Proposals ~ Additional Application Requirements, Review Procedures and Review Criteria ...... .................................................................................. ............ 2 18.34.040 Review Authority ........ ......................... ........ ....... ...... ................ ......... ................ .................. ............ 2 18.34.050 Sketch Plan Review...... ........................ ........ ....... ...... ....... ......................... ................... ................... 3 18.34.060 Application of Site Plan Review Procedures ............................................................................... 3 18.34.070 Site Plan Review Procedures......... ..... ............... ...... ................................. .................... ............ ...... 4 18.34.080 Application for Conditional Use Permit - Notice Requirements ............................................. 5 18.34.090 Site Plan and Master Site Plan Review Criteria ........................................................................... 6 18.34.100 City Commission Consideration and Record for Conditional Use Permits ........................... 9 . 18.34.110 Certificates Of Appropriateness - Additional Review Procedures and Review Criteria....... 11 18.34.120 Public Notice Requirements .......................................................................................................... 11 18.34.130 Final Site Plan............ ....... ........ ......................................... .......................................................... ..... 11 vi . . . 18.34.140 Building Permits Based Upon Approved Sketch or Site Plans................................................. 12 18.34.150 Amendments to Sketch and Site Plans ......................................................................................... 12 18.34.160 Modification or Enlargement of Structures Authorized Under A Conditional Use P ermi t .............................................................................................................. ~........................ 12 18.34.170 Reuse, Change in Use or Further Development of Sites Developed Prior To The Adoption of the Ordinance Codified In This Title.................................................................... 13 18.34.180 Improvements to Existing Developed Sites Independent of Site Plan Review..................... 13 18.34.190 Special Temporary Use Permit .............. ...... ..................... .................. ..................... ...................... 14 18.34.200 Appeals . ...... ..... ............... ............ ............. ........................... ............... ................... ..... ........ ......... 14 18.34.210 Improvements .......... .............. ........................... .......... ........ ............. ................................................ 14 CHAPTER 18.36 PLANNED UNIT DEVELOPMENT 18.36.010 Intent of Planned Unit Development .......................................................................................... 1 18.36.020 Application and Uses of A Planned Unit Development ...........................................................1 18.36.030 Special Conditions Of A Planned Unit Development............................................................... 2 18.36.040 Planned Unit Development Review Procedures and Criteria................................................... 3 18.36.050 Plan Su bmi ttal Requirements... ..... ....... ....... ............... ....... ............ .......... ............... ..... .......... ......... 5 18.36.060 Duration of Planned Unit Development Approval................................................................... 6 18.36.070 Phasing Of Planned Unit Developments..................................................................................... 7 18.36.080 Enforcement of Approval Requirements and Conditions ........................................................ 9 18.36.090 Planned Unit Development Design Objectives and Criteria .................................................... 9 18.36.100 North 19th Avenue/West Oak Street Entryway Corridors ...................................................... 14 CHAPTER 18.38 GENERAL LAND USE STANDARDS AND REQUIREMENTS 18.38.010 Area Requirements for Individual Buildings ~ Restrictions....................................................... 1 18.38.020 Yards And Lots - Reduction Prohibited ...................................................................................... 1 18.38.030 Use Of Lands - Buildings and Structures .................................................................................... 1 18.38.040 Dwelling Unit Restrictions........... ............. ......... ............... ............. ........... ..................................... 2 18.38.050 Accessory Buildings, Uses and Equipment ................................................................................. 3 18.38.060 Yard and Height Encroachments, Limitations and Exceptions............................................... 4 18.38.070 Standards for Specific Site Impacts and Elements ..................................................................... 6 18.38.080 Clean Up Of Property and Revegetation Required ....................................................................7 CHAPTER 18.40 STANDARDS FOR SPECIFIC USES 18.40.010 Purpose ..... ......... ........ ........... ............. ........ ...... ........ ............... ..... ............. ....................... ........... 1 18.40.020 Applicability ................... ...... ......... ........ ....... ....... ........ .................... ....... ................................ ......... 1 18.40.030 Accessory Dwelling Units... ......... ............... ....... ....... ......... ..... ............. ............ ......... ....... ...... ........ 1 18.40.040 Adult Businesses... ................. ........ ............................. ......... ..................................... ........ ............... 3 18.40.050 Alcohol Sales For On Premise Consumption ............................................................................. 3 18.40.060 Automobile Repair and/ or Fuel Sales ..........................................................................................3 18.40.070 Automobile Washing Establishment ...........................................................................................4 18.40.080 Cemeteries.............. ........... ......................... ....................... .............. ....... ................. ......... ............... 4 18.40.090 Condominiums..................... ................ ........ ................................... ........ ........................................ 4 18.40.100 Convenience Uses and Drive Through/Drive In Restaurants .................................................4 18.40.110 Home Based Businesses ................................................................................................................. 5 18.40.120 Manufactured Home Communities .............................................................................................. 8 18.40.130 Manufactured Homes on Individual Lots ...................................................................................10 18.40.140 Mini Warehouses........ ............. ....... ......... ....... ...... .......................... .................. ............................... 11 vii 18.40.150 Outdoor Sales and Display ............................................................................................................ 12 18.40.160 Portable Carry - Out Food and Beverage Buildings .................................................................. 12 18.40.170 Recreational Vehicle Park and Overnight Campground ........................................................... 13 . 18.40.180 Large Scale Retail, Size Limitations and D,esign and Site Development Guidelines And Requirements...... .......... ........ ...... .......... ....... ......... .............. .............. ............. ............. ............. 13 18.40.190 Stable, Commercia!... ....... ...... ........... ......... ..... ....... ...... ................... ........................ ........ ................. 15 18.40.200 Tennis and Racquet Club ............................................................................................................... 16 18.40.210 Community Center..... ........... ......... .................... ...... ................ .......... ...... ........... .... ....... ................. 16 CHAPTER 18.42 DEVELOPMENT STANDARDS 18.42.010 General Standards ................ ........ .......... ...... ....................... ..... .............. .... ........ ........... .................. 1 18.42.020 Neigh borhood Centers................ ........................... ............ ............. ....... ....... ..... ........... ................. 1 18.42.030 Lot ... ...... ........ ................... ......... ..... .......... .............. ................ .............. .... .......... ................. 2 18.42.040 Blocks .. ..... ...................... ....... ............... ............ ........... ....... ................. ........ ............. ................ 3 18.42.050 Utilities . .......... ...... ................... ......... ..... ......... .......................... ................... .................... ........... 4 18.42.060 Easements ................ ....... ...... ........... ............. .............................. ....................... ................. ............ 4 18.42.070 Municipal Water, Sanitary Sewer and Storm Sewer Systems .................................................... 6 18.42.080 Grading and Drainage.......... ........ .......... ..... ................. ................ .............. ..................................... 7 18.42.090 Fire Protection Requirements ....... ......... ..... ................ ....................... ................ ......... ................... 7 18.42.1 00 Watercourse Setback....... .................. .................... ............... ......... ..................... ............................. 8 18.42.110 Ridgelines and Viewsheds .............................................................................................................. 11 18.42.120 Mail Delivery ...... ........ ............ .................. ............ .......... ................................................ .................. 11 18.42.130 Fences, Walls And Hedges ............................................................................................................. 11 18.42.140 Off~Street Loading Berth Requirements ...................................................................................... 12 . 18.42.1 50 Lighting ............................ ........ ...................................................... ........ ....... .......... .................... 14 18.42.160 Outdoor Storage .............. ...... ................. ................ .................. .................. ........................ ............. 20 18.42.170 Trash and Garbage Enclosures ..................................................................................................... 20 18.42.180 Provision of Restricted Size Lots and Units................................................................................ 21 CHAPTER 18.44 TRANSPORTATION FACILITIES AND ACCESS 18.44.010 Streets, General. ............... ...... ......... ........................ ....................... ......... .... ............. ...... .............. .... 1 18.44.020 Street and Road ,Dedication. ...... ................................ ...... ............. ............ .......... .......... ................. 2 18.44.030 Intersections ................. ........ ...... ............................ .... ....................... ........ ...... ......... ..... ................. 3 18.44.040 Street Names ....... ........... ....... ....... .......... ..... ....................... ........................... ...... h........ .................. 4 18.44.050 Off-Site Street and Road Standards ............................................................................................. 4 18.44.060 Street Improvement Standards......... ................................................................................. ............ 4 18.44.070 Street Lighting....... ..... .................. ........ ...... ...... .......... .............. .................. ......... ........................ ..... 5 1 8.44.080 Sidewalks ..... ............................... ....................... .................... ..... ............ ...... .... .......... ........ ........... 5 18.44.090 Access ........ ............... ...... ........ ................... .... ...... ............. ............................. ........ ................... 5 18.44.100 Street Vision Triangle ..................................................................................................................... 9 18.44.110 Transportation Pathways ................................................................................................................ 10 18.44.120 Public Transportation .... ........................................ ..... ......... ....... .............. ......... ............................. 11 CHAPTER 18.46 PARKING 18.46.010 General Provisions .......................................................................................................................... 1 . 18.46.020 Stall, Aisle and Driveway Design .................................................................................................. 2 18.46.030 Maintenance of Parking Areas ...................................................................................................... 4 18.46.040 Number of Parking Spaces Required ........................................................................................... 4 viii . 18,46.050 Joint Use of Parking Facilities ....................................................................................................... 10 18.46.060 Off-Site Parking ............. ......... ............... ....... ......... ..... .............. ..... ................... ........... ......... ........... 11 CHAPTER 18.48 LANDSCAPING 18.48.010 Purpose and 1 ntent.. ..... .............. ...... ......................... ......... ...... .......... ........... ................ .......... ........ 1 18.48.020 Interpretation and Scope....... ..................... ..... ............. ...... ............ ........... ......... ................... ......... 1 18,48.030 General Land scaping Provisions... ............................... .................... ........... ................ ........ ..........2 18.48.040 Landscape Plan Review............ ................................ ............... ........... .......... ............... ....... ............ 2 18,48.050 Mandatory Landscaping Provisions................ ........................ ........... ......... .......... ............. ........... 2 18,48.060 Landscape Performance Standards.. .................... ........ ..... ....................... .............. .......... ............. 5 18.48.070 J "andscaping of Public Lands .........................................................................................................8 18,48.080 Deviation from Landscaping Requirements ................................................................................ 9 18.48.090 Landscaping Completion... ...... ....... .................. .......... .... .............. ...... .......... ................ ........... ....... 9 18.48.100 C;eneral Maintenance. ...... .......... ....................... ......... ......... .......... ...... .......... .................................. 9 . CHAPTER 18.50 PARK AND RECREATION REQUIREMENTS 18.50.010 Genera! .. ............ ................. ........ ................. ....... ........... ................ .................. .................. ......... 1 18.50.020 Park Requirements ... ......... ............. ....... ...... ........ ................ ...... ......... ................ ............................. 1 18.50.030 Cash Donation In-Lieu of Land Dedication .............................................................................. 2 18.50.040 Park Use ............. .... .................................. ....... ........... ......... ............. ........... ............. .................... 3 18.50.050 Location ..................... ......... ......... ................... ........ .................... ........... ............................. ......... 3 18. 50.060 Frontage ............... ...... .......... ..................... ...... ...... .................................. ...... ...................... ......... 3 18.50.070 Linear Parks........... ..... ........ ......... ........................ ................... ........ ....... .... .............. .... ........ ............. 4 18.50.080 Park Development................ ...................... ............ ........................... ..................... ........................4 18.50.090 Waiver of Park Maintenance District ...........................................................................................5 18.50.1 00 Waiver of Required Park Dedication .........................................................................................5 18.50.110 Recreation Pathways .......................................................................................................................6 CHAPTER 18.52 SIGNS . 18.52.01 0 In tent and Purposes.. ....................... .......... .............. ...... .......... ...... ............. ........................ ............ 1 18.52.020 Sign Permit Requirements.... ........... ....................... ............... ....... ...... ..................... ............ ........... 1 18.52.030 Prohibited Signs........ ........... ............. ....................................... ..................... ............. ...................... 1 18.52J)40 Permitted Temporary and Special Event Signs........................................................................... 2 18.52.050 Signs Exempt From Permit Requirements .................................................................................. 2 18.52.060 Signs Permitted Upon the Issuance of a Sif,lTl Permit ................................................................ 3 18.52.070 Comprehensive Sif,lTl Plan ...... ................... ............. ........................ ............. ............. ..... ................. 5 18.52.080 M ultitenant Complexes with Less Than 100,000 Square Feet of Ground Floor Area ......... 6 18.52.090 M ultitenant Complexes with More Than 100,000 Square Feet of Ground Floor Area ....... 6 18.52.100 Indoor Shopping Mall Complexes with More Than 100,000 Square Feet of Ground Floor Area ....................................................................................................................................... 6 18.52.110 Illumination.............. ............ ............. ............ ........... ........ ........ ...... ...... .............. .............................. 7 18.52.120 Street Vision Triangles ...... .............. ........................ ................. ............. ........... ............................... 7 18.52.130 Required Address Signs .................................................................................................................. 7 18.52.140 Billboards and Other Off-Premise Advertising .........................................................................7 18.52.150 SibJ11s Erected In Conjunction with Non-Profit Activities on Public Property...................... 7 18.52.160 Historic or Culturally Significant Signs ........................................................................................8 1 8.52.170 Application... ..... ................. ........................... ........................... .......... ............. ......... .... ........... ......... 8 18.52.180 Maintenance of Permitted Si6lTls.................................................................................................... 8 ix 18.52.190 Nonconforming Signs.. ......... ..................... ...... .............. .......................0... ...... ..................... ........... 8 CHAPTER 18.54 TELECOMMUNICATIONS 18.54.010 Intent, Purpose and Applicability 0.0......................0.0.0..0.0....0.0........................0.0...0.0...0.0.......0........ 1 18.54.020 Special Submittal Requirements .................... ....... ............ ............... ...... ............... ......... ..... .......... 2 18.54.030 Uses Within Districts and Required Review Procedures.....hh..............h.......hh...h........h........2 18.54.040 Standards ................ ..... ......... ...... ... ................... ....... ........ ...................... ........... ..... ....... ...... ..... ... ... 3 CHAPTER 18.56 BOZEMAN WETLAND REGULATIONS 18.56.010 Tide ....... ........0......... .... ...... ............. ...................... ...... ............. ......... ..... ............... ..... ............ 1 18.56.020 Intent and Purpose............... ......... .......0.....0. .0.......... ....................... ...0...0... .................. ........ ........... 1 18.56.030 Application of Wedand Regulations ................. ..................... .......... .......... ....................... ....... .....2 18.56.040 Wetlands Review Board Powers and Duties .............................................................................. 2 18.56.050 Wedands Mapping.... ...... .......... h..... ............................. ............ ........... ............................................ 3 18.56.060 Regulated Activities ....... ......0..0.......... .............. ........... ........ ................... ................. ..................... .... :) 18.56.070 Application Requirements and Procedures for Regulated Activities in Regulated Wetland Areas .......... ....... ...0....0..... ................... .............. .......... ...... ......... ......... ................................ 4 18.56.080 Review Standards ......... ............ ...... ..... ......... ........... ........................ ..... ....... ...... ......... ... ......... .... ... ... 4 18.56.090 Wetland Permit Conditions. ................. ................................ ............ ...... ........ ...... ......................... 5 18.56.100 Appeals .....0. ........ ....... ......... .......0.................. .0..... ..h...................................... .0........................... 5 18.56.110 Enforcement .............................0...................................................................................................... 5 CHAPTER 18.58 FLOODPLAIN REGULATIONS 18.58.010 Title . ........... ................. .......... ........... ............ ........ ............... ..... ...... ........ ............. .................. 1 18.58.020 Purpose ........... .... ....... ........ ...... ... ....................... ............. ..... .................. ...... ........ ..... ............ ...... 1 18.58.030 Jurisdictional Area .0........... ............................... .............. ..............0. h.......... ..... ......... ..... .0.......0...0....2 18.58.040 Floodplain Regulation Establishment and Applicability ...0.......................................................2 18.58.050 Abrogation and Greater Responsibility....................... .................................. ................... ............ 2 18.58.060 Floodplain Administrator ................ ........... .................. ............ ....... ...... ........... ..................... ......... 2 18.58.070 Regulation Interpretation..... ........ ....0..0...0..... h. ..... ........ .................... 0..... h..... ......... ...0.0. 0.0..0... .... h. 2 18.58.080 Compliance with Regulations ......0.0...................0.......0.0................................................................. 2 18.58.090 Flood Hazard Evaluation .........0.........................0...0..0.0........0......................0..................................2 18.58.100 Rules For Interpretation of Floodplain District Boundaries ....................0............................... 4 18.58.110 Warning and Disclaimer of Liability .................0..0..0..0....................................0............................. 4 18.58.120 Disclosure Provision ......0..0............................................................................................................. 4 18.58.130 Administration of Regulations.......................................................................................................5 18.58.140 Permit Applications......... .................................. ............. ............................ ..... 0. .... .0.. .... ................0. 6 18.58.150 Emergency Waiver .................0........................................................................................................7 18.58.160 Review ~ Variances - Appeals .........0................................................0.0..................0..0.0.0....0.0......0..7 18.58.170 Floodplain Development - Compliancehh........................................h.............................h.......... 7 18.58.180 Emergency Preparedness - Planning ..................0......................0...0.0............0.....0.0..0.................0.. 8 18.58.190 Applications - Specific Standards .................................................................................................. 8 18.58.200 Floodway - Uses Allowed Without Floodplain Permits ...............0.0.0..0..................................... 8 18.58.210 Floodway - Uses Requiring Floodplain Permits ......................................................................... 8 18.58.220 Floodway - Permits For Flood Control Works ...................0......................................................9 18.58.230 Floodway - Permits For Water Diversions .................................................................................. 10 18.58.240 Floodway - Prohibited U ses........................................................................................................... 10 18.58.250 Floodway Fringe - Uses Allowed Without Permits ...................................................0..............0. 11 x . . . . 18.58.260 Floodway Fringe - Uses Requiring Permits ................................................................................. 11 18.58.270 Floodway Fringe - Prohibited Uses .............................................................................................. 12 18.58.280 Floodplain Areas with Flood Elevations and No Delineated Floodway ................................ 12 18.58.290 Shallow Flooding (AO Zones) ...................................................................................................... 13 18.58.300 Applicability to Unnumbered A Zones........................................................................................ 13 18.58.310 A Zones - Uses Allowed Without Permits .................................................................................. 13 18.58.320 A Zones - Uses Requiring Permits ...............................................................................................13 18.58.330 A Zones - Prohibited U ses............................................................................................................. 14 18.58.340 A Zones - Floodplain Boundary Interpretation.......................................................................... 14 18.58.350 Floodproofing Requirements - Certification............................................................................... 14 18.58.360 Floodproofing Requirements - Conformance ............................................................................ 14 18.58.370 Floodproofing Requirements - Electrical Systems ..................................................................... 14 18.58.380 Floodproofing Requirements - Heating Systems........................................................................ 14 18.58.390 Floodproofing Requirements - Plumbing Systems .................................................................... 14 18.58.400 Violation Notice...... ............. ........... .......... .............. ............ ............. .......... .................. .............. ..... 15 18.58.410 Violation - Penalty ...........................................................................................................................15 CHAPTER 18.60 NONCONFORMING SITUATIONS 18.60.010 Nonconforming U ses ..................................................................................................................... 1 18.60.020 Changes To Or Expansions of Nonconforming Uses .............................................................. 1 18.60.030 Nonconforming Area and Bulk Requirements for Existing Lots ............................................ 2 18.60.040 Nonconforming Structures. ........... ...................... .................. .......... ......... ................ ........ ............. 3 18.60.050 Changes To Or Expansions of Nonconforming Structures ..................................................... 3 . CHAPTER 18.62 DEVELOPMENT REVIEW COMMITTEE (DRC), DESIGN REVIEW BOARD (DRB), ADMINISTRATIVE DESIGN REVIEW STAFF (ADR) AND WETLANDS REVIEW BOARD (WRB) 18.62.010 Purpose Of DRC, DRB, ADR and WRB.................................................................................... 1 18.62.020 General Procedures, Notice and Timing ..................................................................................... 4 . CHAPTER 18.64 ADMINISTRATION, FEES AND PENALTIES 18.64.010 Review Authority ........... ....... ........... .......... ........ ....... ........ ........................ ....................................... 1 18.64.020 Administration and Enforcement - Planning Director Authority............................................ 1 18.64.030 Enforcement - Planning Director .................................................................................................2 18.64.cl40 Stop-Work Order - Planning Director, Building Official, City Engineer Authority ............. 2 18.64.050 Permission to Enter ......... ........ ................. .......... .................. ................... ....................................... 2 18.64.060 Inaccurate or Incomplete Information and Waivers.................................................................. 2 18.64.070 Coordinated Reviews... ..... .......... .............. ............................ ...... .................... ....... ....... ........... ....... 2 18.64.080 Date of Submittal and Associated Review Standards ................................................................ 3 18.64.090 Planning Director and Building Official - Plan Application Checking- Notice of Noncompliance...... .................. ............................ .............. ..... .................. ........ ......... .... 3 18.64.100 Building Permit Reqwrements .......................................................................................................3 18.64.110 Permit Issuance - Conformity with Regulations Required........................................................ 4 18.64.120 Permits Issued Contrary To Title Deemed Void........................................................................ 4 18.64.130 Expiration of Permits ..................................................................................................................... 4 18.64.140 Fee Sched ule........ ................................... ................... ....... ,......................... ......................... ......... ....4 18.64.150 Complaints of Alleged Violations - Filing and Recording......................................................... 5 18.64.160 Violation - Penalty - Assisting or Abetting - Additional Remedies.......................................... 5 xi CHAPTER 18.66 APPEALS, DEVIATIONS AND VARIANCE PROCEDURES 18.66.010 Purposes ..... ........... ..... ............................. ....................... ............... ...... ................. ...... .................. 1 18.66.020 Hearing and Notice Requirements. ......... .............................. ....... ....:... ............. ............................ 2 18.66.030 Administrative Project Decision Appeals .................................................................................... 2 18.66.040 Administrative Interpretation Appeals ............ ............... ....... ..... ............ ......... ....... ..................... 3 18.66.050 Deviations .................. .............. ...... ............. ....... ........ ....... .................... ................ ....... ................... 4 18.66.060 Zoning Variances........... ............. ........... ....................... ....... .... .............. ........ .... ..... .'........... ...... ........ 4 18.66.070 Subdivision Variances ....... ...............:...... ............ ......... ....... ................... ................... ...................... 5 18.66.080 Appeals From City Commission Actions .................................................................................... 6 . CHAPTER 18.68 TEXT AMENDMENTS 18.68.010 Initiation of Amendments and Changes ...................................................................................... 1 18.68.020 Amendments - Investigation Requirements ................................................................................1 18.68.030 Public Hearing Procedures and Requirements............................................................................ 1 18.68.040 Protest to Zoning Changes ........... ............ .................. ...... ........... ......... ............ ........ ..................... 2 CHAPTER 18.70 ZONING MAP AMENDMENTS 18.70.010 Initiation of Amendments and Changes ...................................................................................... 1 18.70.020 Amendments and Rezonings - Investigation Requirements ..................................................... 1 18.70.030 Public Hearing Procedures and Requirements............................................................................ 2 CHAPTER 18.72 SUPPLEMENTARY DOCUMENTS . 18.72.010 Supplementary Documents ............... ......... .......... ........... ............................... .......... ...................... 1 18.72.020 Property Owners Association .....................................................................................................1 18.72.030 Covenants .......... ........... .................... ........ ......... .................................................. ........................... 2 18.72.040 Common Area and Facility Maintenance Plan and Guarantee................................................. 2 CHAPTER 18.74 IMPROVEMENTS AND GUARANTEES 18.74.010 Purpose and Applicability ............................................................................................................. 1 18.74.020 Standards for Improvements ......................................................................................................... 1 18.74.030 Completion of Improvements ....................................................................................................... 3 18.74.()40 Special Provisions For Timing of Certain Improvements ........................................................7 18.74.050 Acceptance of Improvements ....................................................................................................... 8 18.74.060 Improvements Agreements. ............... ............................... ............ ............. ........ ............. ....... ........ 8 18.74.070 Payment for Extension of Capital Facilities ................................................................................ 11 18.74.080 Types Of Acceptable Securities..................................................................................................... 11 18.74.090 Development or Maintenance of Common Areas and Facilities by Developer or Property Owners Association.... ......... ....... ....................... ........... .......... ....... .......... ....................... 12 18.74.1 00 Warranty ............... ........... ............................ ............... .............. ..................... .................. ............. 13 CHAPTER 18.76 NOTICING 18.76.010 Purpose .......... ...... .............. ...... ......... .......... .................... ...... ...... ............... ........ ......... ....... ......... 1 . 18.76.020 Contents Of Notice....... ............................... ........ ....................... .................. .......... ....................... 1 18.76.030 Notice Requirements for Application Processing ...................................................................... 1 18.76.040 Notice Of City Approval within Neighborhood Conservation and Entryway Overlay xii Dis tri cts .............................................................................................................................. ......... 3 . CHAPTER 18.78 SUBMITTAL MATERIALS AND REQUIREMENTS 18.78.010 General ................ .......... .......:. ........ .............. ...... ........................ ..... ........... ........ ...... ...... ............ 1 18.78.020 Streambed, Sueambank and/ or Wetlands Permits .................................................................... 1 18.78.030 Subdivision Pre-Application Plan ............................................................................................... 1 18.78.040 Subdivision Preliminary Plat ......................................................................................................... 3 18.78.050 Preliminary Plat Supplements Required For All Subdivisions ................................................. 4 18.78.060 Additional Subdivision Preliminary Plat Supplements............................................................... 5 18.78.070 Final Plat ...... .......... ........... ............... ......... .............. ............................ ......... ......... ............. ........... 11 18.78.080 Site Plan Submittal Requirements ................................................................................................. 12 18.78.090 Certificates of Appropriateness - Additional Application Requirements, Review Procedures and Review Criteria .................................................................................................... 15 18.78.100 Submittal Requirements for Landscape Plans............................................................................. 16 18.78.110 Sketch Plan Submittal Requirements............................................................................................ 18 18.78.120 Planned Unit Development Submittal Requirements ................................................................ 18 18.78.130 Submittal Materials for Regulated Activities in Wetlands .........................................................21 18.78.140 Submittal Materials for Appeals of Administrative Project Decisions .................................... 21 18.78.150 Administrative Interpretation Appeals .........................................................................................22 18.78.160 Submittal Materials for Variances .................................................................................................22 18.78.170 Submittal Materials for Telecommunications ............................................................................. 23 CHAPTER 18.80 DEFINITIONS . 18.80.010 Definition of Terms and Interpretation of Language ................................................................ 1 18.80.020 - 18.80.3250 Definitions of Individual Terms ............................................................................ 1-37 APPENDICES Appendix A IUus trations .......... ............. .............. ....... ............. ......... ...... ............... ........................ Appendices -1 Appendix B Development Review Procedures Summary....................................................... Appendices-13 Appendix C Development Review Process Flowcharts .......................................................... Appendices-15 Note: Appendix A has been adopted by resolution as an aid to interpretacion of the ordinance standards. Appendices B & C are attached purely as informational items and have no regulatory effect. . xiii . . . CHAPTER 18.02 GENERAL PROVISIONS 18.02.010 CITATION This title shall be known and cited as the Unified Development Ordinance of the City of Bozeman, except when cited herein, where it shall be referred to as "this title." 18.02.020 AUTHORITY This title is adopted by authority of ~76~2-301 et seq., ~76-3-101 et seq. and ~7-3-701 et seq., MCA. Additional City authority is granted by various other sections of state law and the authority 6>Tanted by those ~ections is incorporated as if set forth herein. 18.02.030 JURISDICTIONAL AREA AND APPLICATION These regulations govern the division, development and use of land within the limits of the City of Bozeman and lands proposed for annexation to the City of Bozeman. These regulations shall apply to all private and public lands, all uses thereon, and all structures and buildings over which the City has jurisdiction under the constitution and laws of the State of Montana or pursuant to the City's powers. 18.02.040 INTENT AND PURPOSE OF ORDINANCE A. The intent of this unified development ordinance is to protect the public health, safety and general welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use, and development identified in the United States and State of Montana constitutions, and statutory and common law; to implement the City's adopted 6>Towth policy; and to meet the requirements of state law. B. It is the purpose of these regulations to promote the public health, safety and general welfare by: preventing the creation of private or public nuisances caused by non-compliance with the standards and procedures of this title; require the provision of affordable housing, regulating the subdivision, development and use of land; to prevent the overcrowding of land; to lessen congestion in the streets and highways; to provide adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public improvements; to require development in harmony with the natural environment; to promote preservation of open space; to promote development approaches that minimize costs to local citizens and that promote the effective and efficient provision of public services; to protect the rights of property owners; to require uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey; secure safety from fire, panic and other dangers; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools and other public requirements; to give reasonable consideration in the review of development proposals to the character of the district and its peculiar suitability for particular uses; to conserve the value of buildings; and to encourage the most appropriate use oEland throughout the municipality. (~76-2-304 and ~76-3-102, MCA). C. Further, to support the purposes of ~76-2-304 and ~76-3-102, MeA, these regulations are intended to promote and to provide for the: 1. Orderly development of the City; 2. Coordination of streets within subdivided land with other streets and roads, both existing and planned; 3. Dedication of land for streets and roadways and for public utility easements; 4. Improvement of streets; Ordinance # 1709: Effective August 15, 2007. page 02-1 Adequate open spaces for travel, light, air and recreation; Adequate transportation, water, drainage and sanitary facilities; Avoidance or minimization of congestion; Avoidance of unnecessary environmental degradation; Encouragement of subdivision development in harmony with the natural environment; Avoidance of danger or injury to health, safety or general welfare by reason of natural hazard or the lack of water, sewer, drainage, access, transportation or other public servIces; 11. Avoidance of excessive expenditure of public funds for the provision of public services; 12. Manner and form of making and filing of plats for subdivided lands; 13. Administration of these regulations, by defining the powers and the duties of approving authorities, including procedures for the review and approval of all subdivision plats; 14. Division of the City into districts with uniformly applicable standards for development within each district; 5. 6. 7. 8. 9. 10. . 15. To establish standards for the development and use of land; 16. To establish procedures for the review and approval for the development and use of land; and 17. The establishment of all other requirements necessary to meet the purposes of this title. Pursuant to ~76-2-304, ~76-1-605 and ~76-1-606, MCA, these regulations are also intended to implement the goals and objectives of the Bozeman 2020 Community Plan, a growth policy for the City of Bozeman. In the case of a difference of meaning or implication between this title and the City's adopted growth policy, the growth policy shall control. D. . 18.02.050 INTERPRETATION AS MINIMUM REQUIREMENTS A. In their interpretation and application, the provisions of this title shall be held to be minimum requirements adopted for the promotion of the health, safety and general welfare of the community. In some instances the public interest will be best served when such minimums are exceeded. Wherever the requirements of this title are at variance with the requirements of any other lawfully adopted rules or regulations, or wherever there is an internal conflict within this title, the most restrictive requirements, or that imposing the higher standards, shall govern. In the case of a difference of meaning or implication between the text of this title and the captions or headings for each section, the text shall control. When interpreting the meaning of this title, subsections of the ordinance shall be construed in a manner that will give effect to them all as the ordinance derives its meaning from the entire body of text taken together. These regulations shall apply uniformly within each zoning district to each class or kind of structure, land or development as set forth in this title. B. c. D. 18.02.060 DONATIONS OR GRANTS TO PUBLIC CONSIDERED A GRANT TO DONEE Every donation or grant to the public or to any person, society or corporation marked or noted on a plat or plan is to be considered a grant to the donee. 18.02.070 CONDITIONS OF APPROVAL A. Rebrulation of the subdivision and development of land, and the attachment of reasonable condirjons to land subdivided or developed, or a use undertaken, is an exercise of valid police . Ordinance # 1709: Effective August 15,2007. page 02-2 . . . B. power delegated by the State of Montana to the City. Persons undertaking the subdivision, development or use of land have the duty of complying with reasonable conditions for design, dedication, improvement and restrictive use of the land so as to conform to the physical and economic development of the City, and to the safety and general welfare of the future lot owners and of the community at large. Such conditions may require compliance with more than the minimum standards established by this title. Conditions of approval may not be added after final action to grant preliminary approval to a proposed subdivision or other development unless: 1. The conditions are necessary to correct inaccurate or incomplete information provided with an application, which error is discovered after the ori,l"rinal approval action; and 2. The project is not completed within the time period provided in the approval or by this title. However, should the owner seek material modifications (e.g. changes to the intent, nature, or scope of a subdivision or development, or necessary improvements) to a previously approved subdivision, development or condition of approval, the entire application shall be considered to be again opened for review and additional conditions may be applied. Modifications of conditions of approval shall be reviewed through the same process as the original application. Final action includes the resolution of any appeals. The provisions of ~18.06.040.D.7 may also apply to revisions of conditions for preliminary plats. C. Mandatory compliance with the explicit terms of this title does not constitute conditions of approval and is not affected by the limitations of subsection B of this section. 18.02.080 COMPLIANCE WITH REGULATIONS REQUIRED A. No land shall hereafter be subdivided, used or occupied, and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, and no development shall commence unless it is in conformity with all of the regulations herein specified for the district in which it is located. B. To the extent reasonable, all City-owned land shall be subject to applicable regulations of the underlying zoning district. Development of such land shall be subject to approval by the City Commission upon review of the development review committee and other review bodies as may be required by this title. 18.02.090 DEVELOPMENTS THAT LIE WITHIN MULTIPLE JURISDICTIONS If a proposed development lies partly within the City of Bozeman and partly within unincorporated Gallatin County, the proposed development must be submitted to and approved by both the City and Gallatin County. 18.02.100 PRIVATE RESTRICTIONS This title is not intended to affect any existing private agreement or condition such as a deed restriction or covenant. If any provision of this title is more restrictive or imposes a higher standard than any such private restriction, the requirements of this title shall control. Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of this title, the City has no duty to enforce such private restrictions or advise of their existence. The City may enforce a private restriction if the City is a party to such covenant or restriction, if such restriction was required by the City, or if it was relied upon by the City during the land development process in order to meet the requirements of this title or another required standard. The City may prohibit private restrictions that violate matters of law or compliance with the provisions of this title. Covenants are subject to the requirements of ~18.72.030, BMC. Ordinance # 1709: Effective August 15, 2007. page 02-3 18.02.110 SEVERABILITY Where any word, phrase, clause, sentence, paragraph, or section or other part of these regulations is held . invalid by a court of competent jurisdiction by express inclusion in the decision to be invalid, such judgment shall affect only that part held invalid and such decision shall not affect, impair or nullify this title as a whole or any other part thereof. Insofar as these regulations are more restrictive than any other local law, these regulations shall be controlling, and if any other law is more restrictive, the higher standard shall take precedence over a standard set forth in these regulations. . . Ordinance # 1709: Effective August 15,2007. page 02-4 . UIAPTER 18.04 SUBDIVISION AND PLATTING ADMINISTRATIVE PROCEDURES 18.04.010 TRANSFERS OF TITLE Unless the plat is located in an area where the state or the Gty do not have jurisdiction, every final subdivision plat must be filed for record with the County Oerk and Recorder before title to the subdivided land can be sold or transferred in any manner. After a preliminary subdivision plat has been approved or conditionally approved, the developer may enter into contracts to sell lots in the proposed subdivision if all of the following conditions are met: A Under the terms of the contracts, the purchasers of lots in the proposed subdivision shall make any payments to an escrow agent which must be a bank or savings and loan association chartered to do business in the State of Montana; B. Under the terms of the contracts and the escrow agreement, the payments made by purchasers of lots in the proposed subdivision may not be distributed by the escrow agent to the developer until the final plat of the subdivision is filed and of record with the County Oerk and Recorder; C The contracts and the escrow agreement provide that if the final plat of the proposed subdivision is not filed with the County Oerk and Recorder within two years of the preliminary plat approval, the escrow agent shall immediately refund to each purchaser any payment made under the contract; D. The County Treasurer has certified that no real property taxes and special assessments assessed and levied on the land to be divided are delinquent; and . E. The contracts shall contain the following language conspicuously set out therein: "The real property which is the subject hereof has not been finally platted, and until a final plat identifying the property has been filed with the County Oerk and Recorder, title to the property cannot be transferred in any manner." Unless the plat is located in an area where the state or the Gty do not have jurisdiction, the County Oerk and Recorder may not record any instrument that purports to transfer title to or possession of a parcel or tract of land that is required to be surveyed by the Montana Subdivision and Platting Act unless the required certificate of surveyor subdivision plat has been filed with the County Oerk and Recorder and the instrument of transfer describes the parcel or tract by reference to the filed certificate or plat. This provision does not apply if the parcel or tract to be transferred was created before July 1, 1973, and the instrument of transfer for the parcel or tract includes a reference to a previously recorded instrument of transfer or is accompanied by docwnents that, if recorded, would otherwise satisfy the requirements of this subsection. The reference or document must demonstrate that the parcel or tract existed before July 1, 1973. However, these references or documents do not constitute a legal description of the property and may not be substituted for a legal description of the property. 18.04.020 EFFECf OF RECORDING COMPLYING PLAT The recording of any plat made in compliance with the Montana Subdivision and Platting Act shall serve to establish the identity of all lands shown on and being a part of such plat. Where lands are conveyed by reference to a plat, the plat itself or any copy of the plat, properly certified by the County Oerk and Recorder as being a true copy thereof, shall be regarded as incorporated into the instrument of conveyance and shall be received in evidence in all courts of this state. . 04-1 18.04.030 CORRECfION OF ERRORS, AMENDMENTS OR VACATION OF RECORDED FINAL PLATS Correction of Errors. Correction of errors that, in the opinion of the City Commission, will not materially alter the plat may be made by the submission of a corrected final plat for the City Commission's approval. The plat may be filed under the procedures for first minor subdivision plats. The plat shall be entitled "amended plat of the (name of subdivision) subdivision", and the reason for the correction shall be stated on the face of the plat. Material Alterations. Amendments that materially alter the final plat, or any portion thereof, shall be made by the filing of an amended plat showing all alterations. The amended plat shall be approved by the City Commission under the major or minor subdivision procedure, as is appropriate. Prior to such approval, the amended plat shall be reviewed by the Planning Department. The City Commission may not approve an amendment which will place the plat in nonconfonnance with the standards contained herein unless a public hearing is held on the plat and a written variance from the standards issued pursuant to procedures contained herein for such variances is granted. The plat shall be entitled "amended plat of (the name) subdivision", and the reason for the amendment shall be stated on the face of the plat. Vacating Recorded Plats. Any plat prepared and recorded as provided by this title may be vacated, in whole or in part, as provided by ~7~5-2501, ~7-5-2502, ~7~14-2616(1) and (2), ~7-14- 2617, ~7-14-4114(1) and (2), and ~7-14-4115, MeA Upon vacation, the City Commission, or the district court, as provided in ~7-5-2502, MeA, shall determine to which properties the title to the streets and alleys of the vacated portions must revert. The City Commission, or the district court, as provided in ~7-5-2502, MC'A, shall take into consideration the previous platting; the manner in which the right-of~way was originally dedicated, granted or conveyed; the reasons stated in the petition requesting the vacation; the parties requesting the vacation; and any agreements between the adjacent property owners regarding the use of the vacated area. The title to the streets and alleys of the vacated portions may revert to one or more of the owners of the properties within the platted area adjacent to the vacated portions. 1. Utility Easements. When any poleline, pipeline or any other public or private facility is located in a vacated street or alley at the time of the reversion of the title to the vacated street or alley, the owner of the public or private utility facility has an easement over the vacated land to continue the operation and maintenance of the public or private utility facility. 18.04.040 CORRECfION OF RECORDED PLAT BY GOVERNING BODY A B. c When a recorded plat does not definitely show the location or size of lots or blocks, or the location or width of any street or alley, the City may at its own expense cause a new and correct survey and plat to be made and recorded in the office of the County Oerk and Recorder. The corrected plat must, to the extent possible, follow the plan of the original survey and plat. The surveyor making the resurvey shall endorse the corrected plat referring to the original plat, and noting the defect existing therein and the corrections made. 18.04.050 DISPOSITION OF WATER RIGHTS When a subdivision creates parcels with lot sizes averaging less than five acres, the developer shall: A Reserve all or a portion of the appropriation water rights owned by the owner of the land to be subdivided and transfer the water rights to a single entity for use by the landowners within the 04-2 . . . e. . . c subdivision who have a legal right to the water and reserve and sever any remaining surface water rights from the land; If the land to be subdivided is subject to a contract or interest in a public or private entity formed to provide the use of a water right on the subdivision lots, establish a landowner's water use agreement administered through a single entity that specifies administration and the rights and responsibilities of landowners within the subdivision who have a legal right and access to the water; or Reserve and sever all surface water rights from the land proposed for subdivision. 04-3 . c. . . CHAPTER 18.06 REVIEW PROCEDURES FOR SUBDMSIONS 18.06.010 GENERAL PROCEDURE Every plat of subdivision must be reviewed, approved and filed for record with the County Clerk and Recorder in accordance with the procedures contained herein before title to the subdivided land can be sold or transferred in any manner. Subdivisions containing six or more lots shall be considered major subdivisions. Subdivisions containing five or fewer lots, in which proper access to all lots is provided and in which no land is to be dedicated to public use for parks and playgrounds, shall be minor subdivisions. 18.06.020 PRE-SUBMITTAL MEETING AND PRE-APPLICATION PLAN REVIEW The purpose of a pre-application plan review is to discuss this title and these standards, to familiarize the developer with the standards, goals and objectives of applicable plans, regulations and ordinances, and to discuss the proposed subdivision as it relates to these matters. A. Minor Subdivisions. Prior to the submittal of a subdivision application for a minor subdivision, the developer shall submit an application for subdivision pre-application review. Maior Subdivisions. Prior to the submittal of a subdivision application for a major subdivision, the developer shall submit an application for subdivision pre-application review. The developer is encouraged to have a pre-submittal meeting with the Planning Department prior to submitting a subdivision pre-application. Pre-application Plan Review. For subdivision pre-application review, the developer shall submit a complete application for pre-application plan review, the appropriate review fee, and copies of all required pre-application information as set forth in ~18.78.030, BMC. 1. Planning Department Review. The Planning Department shall review the pre- application plan and advise the developer as to whether the plans and data meet the goals and objectives of applicable plans and this title. a. Agency Review. The Planning Department will distribute the pre-application information to appropriate County and City departments and state and federal agencies for review and written comment. All written comments received from various agencies, along with the Planning Department's comments regarding whether the plans and data meet the standards, goals and objectives of applicable plans, ordinances, and this title, and for informational purposes identification of local regulations, state laws, and growth policy provisions that may apply to the subdivision process, will be fOlwarded to the applicant to aid in the preparation of the subdivision application. The Planning Department shall provide a list of the public utilities, agencies of government, and other parties who may be contacted and their timeframes for comment on the subdivision application. The comments collected by the Planning Department shall be provided in person or by letter to the subdivider or their agent within 30 calendar days of a complete application being received by the City. The 30 calendar day review period shall be considered met if the letter is dated, signed and placed in the outgoing mail within the 30 calendar day review period Time for Review. The Planning Department shall review the pre-application plan and within thirty working days advise the developer as to whether the plans and data meet the goals and objectives of applicable plans and this title. Every B. b. Ordinance # 1693: Effective March 24, 2007. page 06-1 effort shall be made by the Planning Depanment to obtain depanment and agency comment within this time period. Optional Planning Board Review. If the developer so wishes, he/she may request in writing that the Planning Board review pre-application plans. The letter of request and additional copies of the pre-application materials are required for this optional review. a. The request must be received at least thirty working days prior to the Planning Board meeting at which it is to be considered. The application will be submitted to the Planning Board at their next available meeting. A copy of the approved minutes of the Planning Board meeting will be forwarded to the developer. Time for Follow-up Submittal. A complete subdivision application shall be submitted to the Planning Depanment within one calendar year of the date the Planning office dates, signs and places in the outgoing mail. The property owner will not receive formal written notification on the acceptability or adequacy of a subdivision pre-application plan submittal. 18.06.030 CONCURRENT REVIEW The developer has the option of submitting a Depanment of Environmental Quality (DEQ)/Local Government Joint Application Form in the place of a Preliminary Plat Application Form, and to request concurrent subdivision review by the Department of Environmental Quality and the City Commission, pursuant to ~76-4-129, MCA 2. 3. 4. . 18.06.040 PRELIMINARY PLAT After the requirement for a pre-application review has been satisfied, the developer may submit a subdivision application. Subdivision applications shall be submitted, along with the appropriate review . fee and all required subdivision application information as set fonh in Chapter 18.78, BMC, to the Planning Department and must conform to the requirements of this title. The preliminary plat shall be prepared by a surveyor licensed to practice in Montana. A. Acceptability and Adequacy of Application. The time limits in paragraphs 1 and 2 of this subsection apply to each successive submittal of the application until a determination is made that the application contains the required materials and is adequate for review and the subdivider or their agent is notified. 1. The Planning Department shall review a subdivision application within five working days of receipt of the application and applicable fee submitted in accordance with any deadlines established for submittal to determine if the application is acceptable. An application is acceptable only if it contains all of the information required by this title. If the application is unacceptable, the application, the review fee and a written explanation of why the application is unacceptable will be returned to the subdivider, who is the property owner. If the application is acceptable the subdivider shall be so notified. The property owner may designate in writing another party to receive notifications regarding acceptability. The five working day review period shall 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 acceptable it shall be reviewed for adequacy. 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 Depanment determines the application is acceptable and sends the required notice to the subdivider; and shall be completed within not more than 15 . working days. The 15 working day review period shall be considered met if the letter is dated, signed and placed in the outgoing mail within the 15 working day review period. If Ordinance # 1693: Effective March 24, 2007. page 06-2 . .B. . c. the application is inadequate, a written explanation of why the application is inadequate will be returned to the subdivider, who is the property owner. If the application is adequate the subdivider shall be so notified. The property owner may designate in writing another party to receive notifications regarding adequacy. a. In the event the missing information is not received by the City within 15 working days of notification to the subdivider of inadequacy, all application materials and one-half of the review fee shall be returned to the subdivider 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 subdivision review process. A determination of adequacy establishes the applicable review criteria as specified in ~18.64.080A, BMC. 3. 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. 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. 4. In order to be granted a waiver the applicant shall include with the submission of the subdivision application 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 subdivision application is reviewed. All waivers must be initially identified with the pre-application stage of review. Review _9Y. Affected Agenci,~l'- After an application is deemed acceptable, the Planning Department may submit copies of the preliminary plat and supplementary information to relevant public utilities and public agencies for review and comment, and to the Planning Board for its advice penaining to the approval or denial of the subdivision application. Review by public agencies or utilities shall not delay the City Commission's consideration of the subdiv.ision application beyond the statutorily specified review period. If the Planning Department shall request review by a public utility, agency of government, and other panies regarding the subdivision application that was not identified during the pre-application review the Planning Depanment shall notify the subdivider. Planning Board Review. At a regularly noticed meeting or public hearing, the Planning Board shall review all subdivision applications, together with required supplementary plans and information, and determine whether the plat is in compliance with the City's growth policy. The Planning Board shall hold a public hearing on all subdivisions for which a public hearing is required. 1. Public Testimony. All written public comment received at or prior to a public hearing shall be incorporated into the written record of the review. Minutes shall be taken of verbal comment received during the public hearing or public meeting before the Planning Board and shall be incorporated into the written record of the review. Copies of the minutes and written comments shall be included in any recommendation made to the City Commission by the Planning Board. 2. Planning Board Recommendation. Within ten working days of their review, the Planning Board shall submit in writing to the City Commission, a resolution forwarding its advice regarding compliance with the City's growth policy, and a recommendation for approval, conditional approval or denial of the subdivision application. Ordinance # 1693: Effective March 24, 2007. page 06-3 D. City Commission Review. The City Commission shall review and take action on all proposed subdivisions. 1. The following requirements for a public hearing or a public meeting, and for statutory review periods, shall be met: a. First Minor Subdivision Created from a Tract of Record. The City Commission shall consider the subdivision application and the Planning Board's recommendation during a regular public meeting of the Commission. The City Commission when legal and physical access is provided to all lots shall approve, conditionally approve or deny the subdivision application of a first minor subdivision within thirty-five working days of determination that the application is adequate, unless there is a written extension from the developer for a period not to exceed one year. A minor subdivision must reviewed as a second or subsequent minor subdivision if the Tract has been previously subdivided or created by a subdivision; or the Tract has descended from a tract of record which has previously been divided by exemption or other means into 6 or more tracts of record since July 1, 1973. (1) Variance Requests for Minor Subdivisions. If the developer of a minor subdivision is requesting a variance from any requirement of this title, the procedures of ~18.66.070, BMC must be followed Due to the requirement for a public hearing on variance requests, the developer shall provide the Planning Department with a written extension of the thirty~ five working day review period at the time the subdivision application and variance request are submitted. b. Subdivisions Eligible for Summary Review. The City Commission shall consider the application and the Planning Board's recommendation during a regular public meeting of the Commission. The City Commission shall approve, conditionally approve or deny a proposed subdivision that is eligible for summary review within thirty-five calendar days of determination that the application is adequate, unless there is a written extension from the developer. Minor subdivisions are eligible for summary review if the plat has been approved by the Montana Department of Environmental Quality whenever approval is required by ~7 6~4~ 101 et seq., MCA. c. Second or Subsequent Minor Subdivision Created From a Tract of Record For the second or subsequent minor subdivision created from a tract of record, the City Commission shall hold a public hearing on the subdivision application. The City Commission shall approve, conditionally approve or deny the subdivision application of a second or subsequent minor subdivision within sixty working days of determination that the application is adequate for review, unless there is a written extension from the developer, not to exceed one year. d. ;Maior Subdivisions. For a major subdivision, the City Commission shall hold a public hearing on the subdivision application. The City Commission shall approve, conditionally approve or deny the subdivision application within sixty working days of determination that the application is adequate for review, unless there is a written extension from the developer, not to exceed one year. e. Public Testimony. All written public comment received at a public meeting or public hearing prior to a decision to approval, approve with conditions, or deny a subdivision application shall be incorporated into the written record of the review. Minutes shall be taken of verbal comments received during the public Ordinance # 1693: Effective March 24,2007. page 06~4 . . . . hearing before the City Commission and shall be incorporated into the written record of the review maintained by the City. f. New and Credible Information. The City Commission shall determine whether public comments or documents presented to the City Commission at a public hearing regarding a subdivision application held pursuant to ~18.06.040.D, BMC constItute: (1) Information or analysis of information that was presented at a public hearing held pursuant to ~18.06.040.D, BMC that the public has had a reasonable opportunity to examine and on which the public has had a reasonable opportunity to comment; or (2) New information regarding a subdivision application that has never been submitted as evidence or considered by either the City Commission, Planning Board or by city staff at a hearing during which the subdivision application was considered. (3) If the City Commission determines that the public comments or documents constitute new information not previously considered at a public hearing, the City Commission may: (a) Approve, conditionally approve, or deny the proposed subdivision without basing its decision on the new information if the governing body determines that the new information is either irrelevant or not credible; or (b) Schedule or direct its agent or agency to schedule a subsequent public hearing before the City Commission for consideration of only the new information that may have an impact on the findings and conclusions that the governing body will rely upon in making its decision on the proposed subdivision. (c) In deciding whether the information is both new and credible the City Commission shall consider: (1) Whether the topic of the information has previously been examined or available for examination at a public hearing on the subdivision application; (2) Whether the information is verifiable, and if applicable developed by a person with professional competency in the subject matter; (3) Whether the information is relevant to a topic within the jurisdiction of the City. (4) If a subsequent public hearing is held to consider new and credible information, the 60 working day review period required in ~18.06.040.D is suspended and the new hearing must be noticed and held within 45 days of the governing body's determination to schedule a new hearing. After the new hearing, the otherwise applicable time limit for review resumes at the governing body's next scheduled public meeting for which proper notice for the public hearing on the subdivision application can be provided. The governing body may not consider any information regarding the subdivision application that is presented after the hearing when making its decision to approve, conditionally approve, or deny the proposed subdivision. g. When the subdivision does not qualify, pursuant to p6A-125(2), MeA, for the certification established in ~18.o6.050, BMC, the City shall at any public hearing collect public comment given regarding the information required ~18.78.050.I, Ordinance # 1693: Effective March 24, 2007. page 06-5 . . BMC regarding sanitation. The City shall make any comments submitted or a summary of the comments submitted available to the subdivider within 30 days after conditional approval or approval of the subdivision application. (1) lbe subdivider shall, as part of the subdivider's application for sanitation approval, forward the comments or the summary provided by the governing body to the: (a) Reviewing authority provided for in Title 76, chapter 4, for subdivisions that will create one or more parcels containing less than 20 acres; and (b) Local health department or board of health for proposed subdivisions that will create one or more parcels containing 20 acres or more and less than 160 acres. (2) Parcel Size. (a) For a proposed subdivision that will create one or more parcels containing less than 20 acres, the governing body may require approval by the department of environmental quality as a condition of approval of the final plat. (b) For a proposed subdivision that will create one or more parcels containing 20 acres or more, the governing body may condition approval of the final plat upon the subdivider demonstrating, pursuant to [SB 290, section 4], that there is an adequate water source and at least one area for a septic system and a replacement drainfield for each lot. 2. Criteria for CitY Commission Action. 'The basis for the City Commission's decision to approve, conditionally approve or deny the subdivision shall be whether the subdivision application, public hearing if required, Planning Board advice and recommendation and additional information demonstrates that development of the subdivision complies with this title, the City's growth policy, the Montana Subdivision and Platting Act and other adopted state and local ordinances, including, but not limited to, applicable zoning requirements. The City Commission may not deny approval of a subdivision based solely on the subdivision's impacts on educational services. When deciding to approve, conditionally approve or deny a subdivision application, the City Commission shall: a. Review the preliminary plat, together with required supplementary plans and information, to determine if it meets the requirements of this title, the development standards and policies of the City's growth policy, the Montana Subdivision and Platting Act, and other adopted state laws and local ordinances, including but not limited to applicable zoning requirements. b. Consider written comments from appropriate public agencies, utilities or other members of the public. c. . Consider the following: (1) Relevant evidence relating to the public health, safety and welfare; (2) Other regulations, code provisions or policies in effect in the area of the proposed subdivision; (3) lbe recommendation of the Planning Board; and (4) Any relevant public testimony. d. 'When the subdivision does not qualify, pursuant to ~76-4-125(2), MCA, for the cenification established in ~18.06.050, BMC the City Commission may conditionally approve or deny a proposed subdivision as a result of the water and sanitation information provided pursuant to ~18.78.050.I, BMC, or public Ordinance # 1693: Effective March 24, 2007. page 06-6 . . . . . . 3. comment received pursuant to 76-3-604 on the information provided pursuant to ~18.78.050.I, BMC. A conditional approval or denial shall be based on existing subdivision, zoning, or other regulations that the City Commission has the authority to enforce. City Commission Action. If the City Commission denies or conditionally approves the subdivision application, it shall forward one copy of the plat to the developer accompanied by a letter over the appropriate signature stating the reason for disapproval or enumerating the conditions that must be met to ensure approval of the final plat. TIlls written statement must include: a. The reason for the denial or condition imposition; b. The evidence that justifies the denial or condition imposition; and c. Information regarding the appeal process for the denial or condition imposition. Mitigation. The City Commission may require the developer to design the subdivision to reasonably minimize potentially significant adverse impacts identified through the review required by this title. The City Commission shall issue written fmdings to justify the reasonable mitigation required by this title. The City Commission 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 plat. When requiring mitigation under this subsection, the City Commission shall consult with the developer and shall give due weight and consideration to the expressed preference of the developer. Findings of Fact. The City Commission shall issue written findings of fact that discuss and weigh the following criteria, as applicable (pursuant to p6-3-608, MCA): a. Criteria. (1). Compliance with the survey requirements of the Montana Subdivision and Platting Act; (2). Compliance with this title and the review process of these regulations; (3). The provision of easements for the location and installation of any necessary utilities; (4). The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel; and (5). For major subdivisions, the findings of fact shall also address the effect on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat, and public health and safety. b. Required Components. The written findings of fact shall contain at a minimum: (1) Information regarding the appeal process for the denial or imposition of conditions; (2) Identifies the regulations and statutes used in reaching the decision to deny or impose conditions and explains how they apply to the decision; (3) Provides the facts and conclusions that the governing body relied upon in making its decision to deny or impose conditions. The documents, testimony, or other materials that form the basis of the decision and suppon the conclusions of the governing body may be incorporated into the written findings by reference. Subdivision Application Approval Period. Upon approving or conditionally approving a subdivision application, the City Commission shall provide the developer with a dated 4. 5. 6. Ordinance # 1693: Effective March 24, 2007. page 06-7 7. and signed statement of approval. 1bis approval shall be in force for not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions. At the end of this period, the City Commission may, at the written request of the developer, extend its approval for no more than one calendar year, except that the City Cori1rnission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the developer, provided for in ~18.74.060, BMC. Changes to Conditions After Approval. Upon written request of the developer, the City Commission may amend conditions of subdivision application approval where it can be found that errors or changes beyond the control of the developer have rendered a condition unnecessary, impossible or illegal. Changes to conditions that are not unnecessary, impossible or illegal shall be subject to the provisions of ~18.02.070, BMC. a. The written request shall be submitted to the Planning Department. b. The written consent of all purchasers of land (via contract for deed, etc.) shall be included with the written request to amend conditions. c. If it is an application for a major subdivision, the City Commission shall conduct a public hearing on the request. If it is an application for a minor subdivision, the City Commission shall consider the request at a regularly scheduled meeting. (1) If a public hearing is held, public notice of the hearing shall be given in accordance with this title. d. The City Commission may approve the requested change if it meets the criteria set forth in this title. e. The City Commission shall issue written findings of fact as required in this title. . . 18.06.050 NOTICE OF CERTIFICA nON THAT WATER AND WASTE SERVICES WILL BE PROVIDED BY LOCAL GOVERNMENT If the developer is proposing to request an exemption from the Department of Environmental Quality (DEQ) for infrastructure plan and specification review, the subdivision application shall include a written request from the developer's professional engineer, licensed in the state of Montana, that indicates the intent to request the exemption, and details the extent of water, sewer and stormwater infrastructure that will be completed prior to final plat approval. A detailed preliminary storm water drainage plan must also be submitted with the written request. The Director of Public service shall, prior to final plat approval, send notice of certification to the D EQ per ~7 6-4-127, MCA. A. The notice of certification shall include the following: 1. The name and address of the applicant; 2. A copy of the preliminary plat included with the application for the proposed subdivision or a final plat where a preliminary plat is not necessary; 3. The number of proposed parcels in the subdivision; 4. A copy of any applicable zoning ordinances in effect; 5. How construction of the sewage disposal and water supply systems or extensions will be financed; 6. Certification that the subdivision is within a jurisdictional area that has adopted a growth policy pursuant to Chapter 1, Title 76, MCA and a copy of the growth policy, when . applicable; 7. The relative location of the subdivision to the City; Ordinance # 1693: Effective March 24, 2007. page 06-8 . 8. Certification that adequate municipal facilities for the supply of water and disposal of sewage and solid waste are available or will be provided within the time provided in ~ 76-3~507, MeA; If water supply, sewage disposal or solid waste facilities are not municipally owned, certification from the facility owners that adequate facilities are available; and Certification that the City Commission has reviewed and approved plans to ensure adequate stormwater drainage. 9. 10. 18.06.060 FINAL PLA T APPLICATION After the conditions of preliminary approval and the requirements for the installation of improvements have been satisfied, the developer shall cause to be prepared a final plat. The final plat shall conform to the uniform standards for final subdivision plats as set forth in ~8.94.3003 ARM. Plans and data shall be prepared under the supervision of a registered surveyor, licensed in the State of Montana, as their licensing laws allow. A. B. .. D. .. E. final Plat Submittal. The final plat and all supplementary documents shall be submitted to the Planning Department at least thirty working days prior to the expiration of subdivision application approval or any extension thereto. The submittal shall include a final plat application form, the appropriate review fee, all information required by ~18.78.070, BMC, and a written explanation of how each of the conditions of subdivision application approval has been satisfied. County Treasurer Certification. A final plat will not be accepted as complete until the County Treasurer has certified that no real propeny taxes and special assessments assessed and levied on the land to be subdivided are delinquent. Review of Abstract and Covenants. With the final plat, the developer shall submit to the Planning Department a certificate of a licensed title abstractor showing the names of the owners of record of the land to be subdivided and the names of lienholders or claimants of record against the land, and the written consent to the subdivision by the owners of the land, if other than the developer, and any lienholders or claimants of record against the land. The certificate of licensed title abstractor shall be dated no earlier than thirty calendar days prior to submittal. Covenants shall also be submitted to the Planning Department with the final plat application. The Planning Department staff will obtain the City Attorney's approval of the covenants and the City Attorney's certificate. Review by the Planning Department. The Planning Department will then review the final plat application to ascertain that all conditions and requirements for final approval have been met. If all conditions and requirements for final approval have been met, the Planning Department shall forward a report to the City Commission for their action. :pinal Plat Approval. The City Commission shall examine every final plat, and within fony-five working days of the date of submission to the Planning Department, shall approve it if it conforms to the conditions of preliminary approval and the terms of this title. The City Commission shall examine every final plat at a regular meeting. 1. If the final plat is approved, the Director of Public Service shall so certify the approval in a printed certificate on the plat. 2. If the final plat isdenied, the City Commission shall cause a letter to be written to the developer stating the reasons therefore. Filing. The developer shall file the approved, signed final plat and all other required certificates and documents with the County Clerk and Recorder within sixty days of the date of final approval. . Ordinance # 1693: Effective March 24,2007. page 06-9 18.06.070 CHANGES TO FILED SUBDIVISION PLATS Changes to a filed subdivision plat must be filed with the County Clerk and Recorder as an amended plat. An amended plat may not be filed unless it meets the filing requirements for a fmal subdivision plat specified in these regulations. . . . Ordinance # 1693: Effective March 24, 2007. page 06-10 . ffiAPTER 18.08 LAND SUBDIVISIONS CREATED BY RENT OR LEASE 18.08.010 GENERAL A Land subdivisions created by rent or lease, rather than sale, refer to areas that provide multiple spaces for manufactured homes, mobile homes or recreational camping vehicles regardless of the size of the area or whether the spaces will be made available for rent by the general public for a fee. The land shall be owned as one parcel under single ownership, which can include a number of persons owning the property in common. Subdivisions complying with ~~18.10.01O. Hand 18.10.010.1, BMC, are not subject to this chapter. B. Land proposed for a subdivision created by rent or lease shall have a RMH, Residential Manufactured Home or RS, Residential Suburban zoning designation. C. DPHHS License. If a land subdivision by rent or lease, that will provide multiple spaces for manufactured homes, mobile homes or recreational camping vehicles is also a "campground," "trailer court," "work camp," or "youth camp" as defined below, the Gty Commission shall not grant final approval until the developer obtains a license for the facility from the Montana Department of Public Health and Human Services (DPHHS) under Title 50, Chapter 52, MeA.. 1. "Campground" means a parcel of land available to and principally used by the public for camping, where persons can camp, secure tents or cabins, or park trailers for camping and sleeping purposes. 2. "Trailer court" means a parcel of land upon which two or more spaces are available to the public and designated for occupancy by trailers, manufactured homes or mobile . homes for use as residences. The term does not include a parcel composed of platted lots, if each lot: a. Is filed with the COlmty derk and Recorder; b. Contains only one trailer space; and c. Is served by a public water supply system and public sewage system that meet the requirements of rules for systems adopted pursuant to Title 75, Chapter 6, Part 1, MeA, and that are located within the boundaries of the Gty of Bozeman. 3. "Work camp" means a parcel of land on which housing is provided by a person for two or more families or individuals living separately, for the exclusive use of the employees of the person and the families, if any, of the employees. For purposes of this subsection, "housing" includes but is not limited to camping spaces; trailer parking spaces; manufactured, mobile, modular or permanent barracks or structures; and any appurtenant water supply and distribution system, sewage collection and disposal system, solid waste collection and disposal system, or food service and dining facilities. Housing does not include shelter provided by an employer for persons who are employed to perform agricultural duties on a ranch or farm. 4. "Youth camp" means a parcel of land on which permanent buildings, tents or other structures are maintained as living quarters for ten or more people and that is used primarily for educational or recreational use by minors. The term includes any appurtenant water supply and distribution system, sewage collection and disposal system, solid waste collection and disposal system, or food service and dining facilities. . D. Surveying: and Filing Requirements Exemption. Land subdivisions created by rent or lease are exempt from the surveying and filing requirements of the Montana Subdivision and Platting Act. 08-1 18.08.020 PROCEDURE, SUBMITTAL REQUIREMENTS AND REVIEW CRITERIA A Land subdivisions created by rent or lease shall be submitted, reviewed and approved by the Gty . of Bozeman before any portions of the development may be rented or leased. The developer shall apply for site plan and subdivision review. B. Site Plan Review. All relevant procedures, submittal requirements and review criteria contained in diapter 18.34, BMC shall apply. The development shall also comply with the requirements of diapter 18.16, ~18.40.120 and ~18.40.170, BMC C Subdivision Review. The subdivision review procedure and review criteria for land subdivisions created by rent or lease will depend upon the number of spaces within the proposed development. Proposed developments containing five or fewer spaces for rent or lease shall be reviewed as minor subdivisions according to the provisions of diapter 18.06, BMC and proposed developments containing six or more spaces for rent or lease shall be reviev;ed as major subdivisions according to the provisions of diapter 18.06, BMC 1. Pre-application Plan. The pre-application plan shall be reviev;ed using the procedures contained in ~18.06.020, BMC The submittal materials listed in ~18.78.030, BMC shall be provided. 2. Preliminat:y Plan Submittal and Procedure. For land subdivisions created by rent or lease, the developer shall submit a preliminary plan in-lieu of a preliminary plat, a completed application for minor subdivision or major subdivision as appropriate, and the materials listed in ~18.78.050 and 18.78.060, BMC 3. Final Plan Submittal and Procedure. For land subdivisions created by rent or lease, the developer shall submit a final plan in-lieu of a final plat, a completed final plat application and the materials listed in ~18.78.070, BMC 4. Supplementary Materials. In addition to the submittal requirements of Chapter 18.78, . BMC preliminary and final plans for land subdivisions created by rent or lease shall show the following: a. A layout of all spaces proposed for rent or lease; b. Location of commonly owned areas and facilities; and c. Parks and/or recreation areas. 4. Boundary Lines. All preliminary and final plans may show approximate boundary, lot, right -of- way or other lines. 18.08.030 TIMING OF IMPROVEMENTS Before any portion of a land subdivision created by rent or lease can be rented or leased, all required improvements shall be installed, inspected and found compliant with the approved plan, and where applicable accepted by the Gty of Bozeman. 18.08.040 FILING OF FINAL PLAN Once the final plan has been approved by the Gty Commission, an original copy of the approved plan shall be filed with the County derk and Recorder as a "miscellaneous" document, and another copy of the approved plan shall be retained by the Bozeman Engineering Department. . 08-2 . ffiAPTER 18.10 SUBDIVISION EXEMPTIONS 18.10.010 DIVISIONS OF LAND ENTIRELY EXEMPT FROM THE REQUIREMENTS OF THIS TITLE AND THE MONT ANA SUBDIVISION AND PLATTING ACT Unless the method of disposition is adopted for the pUlpose of evading this title or the Montana Subdivision and Platting Act (the "Act"), the requirements of this title pertaining to subdivisions and the Act may not apply when: A A division of land is created by order of any court of record in this state or by operation of law or that, in the absence of agreement between the parties to the sale, could be created by an order of any court in the state pursuant to the law of eminent domain (~76-3-201(1)(a), MCA); 1. Before a court of record orders a division of land, the court shall notify the governing body of the pending division and allow the governing body to present written comment on the division. B. A division of land is created to provide security for mortgages, liens or trust indentures for the putpose of construction, improvements to the land being divided, or refinancing purposes (~7 6- 3-201(1)(b), MCA). This exemption applies; 1. To a division of land of any size; 2. If the land that is divided is not conveyed to any entity other than the financial or lending institution to which the mortgage, lien or trust indenture was given or to a purchaser upon foreclosure of the mortgage, lien or trust indenture. A transfer of the . divided land, by the owner of the property at the time that the land was divided, to any party other than those identified in this subsection subjects the division of land to the requirements of the Montana Subdivision and Platting Act and Chapter 18.06, BMC 3 . To a parcel that is created to provide security, however the remainder of the tract of land is subject to the provisions of the Montana Subdivision and Platting Act and Chapter 18.06, BMC if applicable. C A division of land creates an interest in oil, gas, minerals or water that is severed from the surface ownership of real property (~76-3-201(1)(c), MCA); D. A division of land creates cemetery lots (~76-3-201(1)(d), MCA); E. A division of land is created by the reservation of a life estate (~76-3-201(1)(e), MCA); F. A division of land is created by lease or rental for farming and agricultural purposes (~7 6- 3- 201(1)(f), MCA); G. A division of land is created for rights~of-way or utility sites. A subsequent change in the use of the land to a residential, commercial or industrial use is subject to the requirements of the Montana Subdivision and Platting Act and Chapter 18.06, BMC (~76-3-201(1)(h), MCA); H The land upon which an improvement is situated has been subdivided in compliance with this title and the Act, the sale, rent, lease or other conveyance of one or more parts of a building, structure or other improvement situated on one or more parcels of land is not a division of land (~76-3-202, MCA); 1. The sale, rent, lease or other conveyance of one or more parts of a building, structure or other improvement, whether existing or proposed, is not a division of land (~76-3-204, MCA); . J. A division of land created by lease or rental of contiguous airport-related land owned by a city, county, the state, or a municipal or regional airport authority provided that the lease or rental is 10-1 for onsite weather or air navigation facilities, the manufacture, maintenance, and storage of aircraft, or air carrier-related activities (~76-3-205(1), MCA); K. A division of state-owned land unless the division creates a second or subsequent parcel from a . single tract for sale, rent or lease for residential purposes after July 1, 1974 (~76-3-205(2), MCA); and L. Deeds, contracts, leases or other conveyances that were executed prior to July 1, 1974 (~76-3- 206, MCA). 18.10.020 SPECIFIC DIVISIONS OF LAND EXEMPT FROM REVIEW BUT SUBJECT TO SURVEY REQUIREMENTS AND ZONING REGULATIONS FOR DIVISIONS OF LAND NOT AMOUNTING TO SUBDIVISIONS Unless the method of disposition is adopted for the purpose of evading this title or the Act, the following divisions of land are not subdivisions under this title and the Act, but are subject to the surveying requirements of ~76-3-401, MCA for lands not amounting to subdivisions and are subject to applicable zoning regulations adopted unter Title 76, Chapter 2, MCA A division of land may not be made under this section unless the County Treasurer has certified that no real property taxes and special assessments assessed and levied on the land to be divided are delinquent. The County Oerk and Recorder shall notify the Planning Department of any land division described in this section or ~7 6- 3- 207 (1), MCA A Divisions made outside of platted subdivisions for the purpose of relocating common boundary lines between adjoining properties (~76-3-207(a), MCA); B. Divisions made outside of platted subdivisions for the purpose of a single gift or sale in each county to each member of the landowner's immediate family (~76-3~207(b), MCA); C Divisions made outside of platted subdivisions by gift, sale or a agreement to buy and sell in . which the parties to the transaction enter a covenant running with the land and revocable only by mutual consent of the Gty of Bozeman and the property owner that the divided land will be used exclusively for agricultural purposes (~76-3-207(c), MCA); D. For five or fewer lots within a platted subdivision, relocation of coonnon boundaries and the aggregation of lots (~76 -3-207(d), MCA); and E. Divisions made for the purpose of relocating a coonnon boundary line between a single lot within a platted subdivision and adjoining land outside a platted subdivision. A restriction or requirement on the original platted lot or original unplatted parcel continues to apply to those areas (~76-3-207(e), MCA). 18.10.030 EXEMPTIONS FROM SURVEYING AND FILING REQUIREMENTS BUT SUBJECT TO REVIEW Subdivisions created by rent or lease are exempt from the surveying and filing requirements of Chapter 18.06, BMC and the Montana Subdivision and Platting Act, but must be submitted for review and approved by the Gty Commission before portions thereof may be rented or leased. 18.10.040 CONDOMINIUMS A Condominium developments are exempt from the surveying and filing requirements of Olapter 18.06, BMC and the Montana Subdivision and Platting Act. B. Condominiums, constructed on land divided in compliance with the Montana Subdivision and Platting Act, are exempt from the provisions of Olapter 18.06, BMC and the Montana Subdivision and Platting Act if either: . 10-2 . . . L The approval of the original division of land expressly contemplated the construction of the condominiums and any applicable park dedication requirements of ~76-3-621, MCA are complied with; or The condominium proposal is in conformance with applicable local zoning regulations where local zoning regulations are in effect. 2. 18.10.050 EXEMPTION FROM SURVEYING AND PLATTING REQUIREMENTS FOR LANDS ACQUIRED FOR STATE HIGHWAYS Instruments of transfer for land which is acquired for state highways may refer by parcel and project number to state highway plans which have been recorded in compliance with $60-2~209, MCA and are exempted from the surveying and platting requirements of this title and the Act (9'6-3-209, MCA). If such parcels are not shown on highway plans of record, instruments of transfer of such parcels shall be accompanied by and refer to appropriate certificates of survey and plats when presented for recording. 18.10.060 PROCEDURES AND GENERAL REQUIREMENTS All certificates of survey or amended subdivision plats claiming an exemption inside Gty limits and subject to survey requirements shall be submitted to the Planning Department. The procedures and requirements of this title are limited to the exemptions discussed in ~18.10.070, BMC A Submittal. A claimant seeking an exemption under the Act and this title shall submit to the Planning Department a claim on the appropriate application form, including a signed certificate of exemption, together with evidence to support the claim and any other information required by this title. Review. The Planning Department will review the claimed exemption to verify that it is the proper use of the claimed exemption. L During this review, Planning Department staff will visit the proposed site, understand thoroughly the nature of all activity occurring on the site, and shall identify any existing or potential zoning conflicts. The Planning Department shall prepare a memo evaluating the claimed exemption against applicable review criteria, which shall also be made available to the claimant or the claimant's representative. 2. In assessing the claimant's purpose for the exemption, the Planning Department will evaluate all relevant circumstances including the nature of the claimant's business, the prior history of the particular tract in question, and the proposed configuration of the tract, if the proposed exemption transactions are completed. 3. Where a rebuttable presumption is declared in this title, the presumption may be overcome by the claimant with evidence contrary to the presumption. If the Planning Department concludes that the evidence overcomes the presumption and that from all the circumstances the exemption is justified, the exemption will be allowed. On the other hand, if the Planning Department concludes that the presumption is not overcome and that from all the circumstances the exemption is not justified, the exemption will be disallowed. 4. If the exemption is allowed, the Planning Director shall so certify in a printed certificate on the certificate of surveyor amended plat within thirty days of submission of a complete application. S. If the exemption is disallowed, the Planning Department shall provide written notification, within thirty days of submission of a complete application, of its decision to the person claiming the exemption and to the County Oerk and Recorder. B. 10-3 c Filing Requirements. An amended plat or a certificate of smvey of a division of land which is exempt from review must be filed within 180 days of the completion of the survey. L Certificates of Survey. A certificate of survey may not be filed by the County derk and Recorder unless it complies with the following procedures for divisions of land exempted from public review as subdivisions. Certificates of survey for divisions of land meeting the criteria set out in 96.3-207, MeA, must meet the following requirements: a. A certificate of survey of a division of land that would otherwise be a subdivision, but that is exempted from subdivision review under ~76-3-207, MeA, may not be filed by the County Oerk and Recorder unless it bears the acknowledged certificate of the property owner stating that the division of land is exempt from review as a subdivision and citing the applicable exemption. b. If the exemption relied upon requires that the property owner enter into a covenant running with the land, the certificate of survey may not be filed unless it bears a signed and acknowledged recitation of the covenant. c. If a certificate of survey invokes the exemption for gifts and sales to members of the landowner's immediate family, the certificate must indicate the name of the proposed grantee, the relationship of the grantee to the landowner and the parcel to be conveyed to the grantee. d. If a certificate of survey invokes the exemption for the relocation of common boundary lines: (1) The certificate of survey must bear the signatures of all landowners whose parcels will be altered by the proposed relocation. The certificate of survey must show that the exemption was used only to change the location of or eliminate a botmdary line dividing two or more parcels, and must clearly distinguish the prior boundary location (shown, for example, by a dashed or broken line or a notation) from the new boundary (shown, for example, by a solid line or notation); (2) The certificate of survey must show the boundaries of the area that is being removed from one parcel and joined with another parcel. The certificate of survey may, but is not required to, establish the exterior boundaries of the resulting parcels. However, the certificate of survey must show portions of the existing unchanged boundaries sufficient to clearly identify both the location and the extent of the boundary relocation; (3) If a boundary line will be completely eliminated, the certificate must establish the boundary of the resulting parcel. e. If the certificate of survey invokes an exemption from subdivision review under ~76-3-207, MeA, the certificate of survey must bear, or be accompanied by, a certification by the County Treasurer that all taxes and special assessments assessed and levied on the surveyed land have been paid. f. For pmposes of ~18.10.060.Cl, BMC when the parcel of land for which an exemption from subdivision review is claimed is being conveyed under a contract-for-deed, the terms "property owner", "landowner" and "owner" mean the seller of the parcel under the contract-for-deed. g. Procedures for Filing Certificates of Survey of Divisions of Land Entirely Exempted from the Requirements of the Act. The divisions of land described in ~76-3-201, ~76-3-205 and ~76-3-209, MeA, and divisions of federally owned land made by a United States government agency are not required to be surveyed, nor 10-4 . . . must a certificate of surveyor subdivision plat showing these divisions be filed with the County derk and Recorder. A certificate of survey of one of these divisions may, however, be filed with the County Oerk and Recorder if the certificate of survey meets the requirements for form and content for certificates of survey contained in this section and bears a certificate of the surveyor performing the survey citing the applicable exemption from the Act or, when applicable, that the land surveyed is owned by the federal government. Amended Plats. Unless a division of land is exempt from subdivision review by ~76-3- 201 or ~76-3-207(1)(d) or (e), MeA, an amended plat shall not be filed by the County Oerk and Recorder unless it complies with the uniform standards for final subdivision plats specified in ~8.94.3003, ARM. A survey document that modifies lots in a platted and filed subdivision and invokes an exemption from subdivision review under 96- 3- 201 or ~76-3-207(1)(d) or (e), MeA, must be entitled "amended plat of the (name of subdivision)," but for all other purposes is to be regarded as a certificate of survey and subject to the requirements of ~18.10.060.Cl, BMC 18.10.070 EXEMPTION REVIEW CRITERIA The following criteria shall be used to ensure that exemptions are not claimed for the purposes of evading this title or the Act. Appeals regarding a decision by the Planning Department that an exemption is an evasion of the Subdivision and Platting Act may be taken to the Gty Commission in the manner established for administrative project decision appeals as set forth in ~18.66.030, BMC A A division of land is created to provide security for mortgages, liens or trust indentures for the purpose of construction, improvements to the land being divided or refinancing purposes (~7 6~ 3-201(1)(b), MCA). 1. The proper use of the exemption is to provide security for construction mortgages, liens or trust indentures, when a survey of the parcel has been required. 2. The Gty makes a rebuttable presumption that a division of land that is created to provide security is adopted for the purpose of evading the Act under the following conditions: a. If the division of land is created for the purpose of conveyance to any entity other than the financial or lending institution to which the mortgage, lien or trust indenture was given or to a purchaser upon foreclosure of the mortgage, lien or trust indenture; or b. The security is provided for construction or improvements on, or refinancing for, land other than on the exempted parcel. When the security for construction financing exemption is to be used, the landowner shall submit, in addition to such other documents as may be required, a written statement explaining: a. How many parcels within the original tract will be created by use of the exemptlon; b. Who will have title to and possession of the remainder of the original parcel; and c. A signed and notarized statement from a lending institution that the creation of the exempted parcel is necessary to secure a construction loan for buildings or other improvements on the parcel. The written statement and the instruments creating the security shall be filed at the same time as the survey with the Oerk and Recorder. . . . 2. 3. 4. 10-5 B. Divisions made outside of platted subdivisions for the purpose of relocating common boundary lines between adjoining properties (~76-3-207(a), MCA). 1. The proper use of the exemption for relocating common boundary lines is to establish a new boundary between adjoining parcels of land outside of a platted subdivision, without creating an additional parcel. 2. A certificate of survey for the relocation of common boundary lines may include five or fewer parcels and/or lots. 3. Certificates of survey showing the relocation of common boundary lines must be accompanied by. a. An original deed exchanging recorded interest from every person having a recorded interest in adjoining properties for the entire newly~described parcel(s) that is acquiring additional land; b. Documentation showing the need or reason for the relocation (for example: structure encroachment, surveyor error, or enhancement of the configuration of the property); and c. The certificate of survey must bear the signatures of all landowners whose parcels are changed by the relocation, and show that the exemption was used only to change the location of a boundary line dividing two parcels, and must clearly distinguish the prior boundary location (shown, for example, by a dashed or broken line or a notation) from the new boundary (shown, for example, by a solid line or notation). 4. The Gty makes a rebuttable presumption that a proposed relocation of common boundary lines is adopted for the purpose of evading the Act, if: a. The Planning Department determines that the documentation submitted according to this section does not support the stated reason for relocation, or an additional parcel is created. Divisions made outside of platted subdivisions for the purpose of a single gift or sale in each county to each member of the landowner's immediate family (~76-3-207(b), MCA). 1. A member of the immediate family is the spouse of the grantor, or whether by blood or adoption, a son, daughter, mother or father of the grantor. 2. The proper use of the exemption as a gift or sale to a member of the immediate family is to convey one parcel of land outside of a platted subdivision to each member of the landowner's immediate family in each county, providing that the use of the exemption creates no more than one additional parcel of less than 160 acres in size. Each exemption under this section will be reviewed by the Planning Department under this title. 3. A certificate of survey for a family transfer may include more than one exempt parcel providing all parcels meet the criteria of this section. 4. Certificates of SUITey showing the creation of new parcels of land pursuant to this exemption as a gift or sale to a member of the immediate family must be accompanied by an original deed transferring interest in the parcel being created, or a statement detailing where the deed is in escrow, how long it will be in escrow and authorization to contact the escrow agent for verification. 5. The certificate of survey for an exemption for a family transfer must indicate the name of the grantee, the relationship of the grantee to the landowner and the parcel to be conveyed to the grantee. c. 10-6 . . . . . . D. The Gty makes a rebuttable presumption that a family transfer is adopted for the purpose of evading this title and the Act if it is detennined that one or more of the following conditions exist: a. The exemption would create more than one additional parcel of less than 160 acres. b. The member of the landowner's immediate family would have received more than one exempted parcel in the county. Divisions made outside of platted subdivisions by gift, sale or an agreement to buy and sell in which the parties to the transaction enter a covenant running with the land and revocable only by mutual consent of the Gty of Bozeman and the property owner that the divided land will be used exclusively for agricultural purposes (~76~3~207(c), MCA). 1. An agricultural exemption is a division of land made outside of a platted subdivision by gift, sale or agreement to buy and sell in which the parties to the transaction enter a covenant running with the land, revocable only by mutual consent of the Gty of Bozeman and the transferee/property owner, that the divided land will be used exclusively for agricultural purposes. No building or structure requiring water or sewer facilities shall be utilized on such a parceL a. A change in use of the land for anything other than agricultural purposes subjects the division to this title and the Act. For five or fewer lots within a platted subdivision, relocation of common boundaries and the aggregation of lots (~76~3~207(d), MCA). 1. The proper use of the exemption for aggregation of lots and! or relocation of common boundaries is the rearrangement and! or aggregation of five or fewer lots within a platted subdivision which does not increase the total number of lots within the subdivision. The plat shall contain the title "amended plat" and must be filed with the County Oerk and Recorder. 2. The amended plat showing the aggregation of lots and! or relocation of common boundary within a platted subdivision must be accompanied by: a. An original deed exchanging recorded interest from every person having a recorded interest in adjoining properties for the entire newly~described parcel(s) that is acquiring additional land; b. Documentation showing the need or reason for the relocation (for example: structure encroachment, surveyor error, or enhancement of the configuration of the propert}); and c. The amended plat must bear the signatures of all landowners whose parcels are changed by the relocation or aggregation. The amended plat must show that the exemption was used only to change the location of boundary lines or aggregate lots, and must clearly distinguish the prior boundary location (shown, for example, by a dashed or broken line or a notation) from the new boundary (shown, for example, by a solid line or notation). 3. The Gty makes a rebuttable presumption that a proposed aggregation of lots and! or relocation of common boundaries within a platted subdivision is adopted for the purpose of evading the Act if it detennines that six or more lots are affected by the proposal. 6. E. 10-7 F. 4. Any division of lots which results in an increase in the number of lots or which redesigns or rearranges six or more lots must be reviewed as a subdivision and approved by the Gty of Bozeman prior to the filing of the final plat. Divisions made for the purpose of relocating a common boundary line between a single lot within a platted subdivision and adjoining land outside a platted subdivision (~76.-3~207(d), MCA). 1. The proper use of the exemption for relocating common boundary lines is to establish a new common boundary line between a single lot within a platted subdivision and adjoining land outside a platted subdivision. A restriction or requirement on the original platted lot or original unplatted parcel continues to apply to those areas. 2. A certificate of survey for the relocation of common boundary lines may include five or fewer parcels and! or lots. 3. Certificates of survey showing the relocation of common boundary lines must be accompanied by. a. A original deed exchanging recorded interest from every person having a recorded interest in adjoining properties for the entire newly-described parcel(s) that is acquiring additional land; b. Documentation showing the need or reason for the relocation (for example: structure encroachment, surveyor error, or enhancement of the configuration of the property); and c. The certificate of survey must bear the signatures of all landowners whose parcels are changed by the relocation, and show that the exemption was used only to change the location of a boundary line dividing two parcels, and must clearly distinguish the prior boundary location (shown, for example, by a dashed or broken line or a notation) from the new boundary (shown, for example, by a solid line or notation). 4. The Gty makes a rebuttable presumption that a proposed relocation of common boundary lines is adopted for the purpose of evading the Act, if: a. The Planning Department determines that the documentation submitted according to this section does not support the stated reason for relocation, or an additional parcel is created. 18.10.080 PROCEDURES FOR FILING CERTIFICATES OF SURVEY OF DIVISIONS OF LAND ENTIRELY EXEMPTED FROM THE REQUIREMENTS OF THE ACT A certificate of survey of a division of land entirely exempted from the requirements of this title and the Act may be filed with the County Oerk and Recorder if it meets the requirements for form and content for certificates of survey contained in this section and bears a certificate of the surveyor performing the survey stating the applicable exemption from the Act. 18.10.090 CORRECTION OF ERRORS Correction of errors may be made by the submission of a corrected certificate of survey for the Planning Director's approval. 10-8 . . . . CHAPTER 18.12 SUBDIVISION CERTIFICATES 18.12.010 GENERAL The certificates listed in ~18.12.020 through ~18.12.110, BMC shall be shown on plats and certificates of survey, as appropriate. Other certificates than those shown may be required by the City of Bozeman when deemed appropriate. The proper notary block shall be used. 18.12.020 DEDICATION OR CONSENT All plats of subdivisions must contain a Certificate of Dedication or Certificate of Consent. In the case of corporate ownership, the proper corporation officer(s) must sign, a corporate notary form must be used, and the corporate seal must be affixed. The certificate shall read as follows: A. Certificate of Dedication. . - ~ < " , <., " ". < ,; . <. ..' {' ,.' 'c . Ordinance # 1693: Effective March 24, 2007. page 12-1 B. Cenificate of Consent. 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"l""/,')~;~?t~':;'L ."; ~'urider . , ':- .'h~e\:1y'tinroe~~,~~iry:pers~'~'or,Corpoh1#~\V~~pub~~:9r" ptiVate~", ",1,<, ,<oroff~~o:'provi~'~hOOe;:deci:ricpower, gas,'~ri~~r~,~eVi~bri, other Sinlilai:':" ',or:,Service the':;':';~~to',the . . ,-:use of an eaSe1fJ.tmt~:~;~the~~~" .....;:.... " > 'H:J., ,~"".' , rOO, ~~ ~ I' ' <'~ '~~L~+:' >.1 ~ ~:'> /'i ',. '-, '~.mce,' ~,"ana\remQvafof,~jf,Jjnes ~q.,:6theJ; facilities.m,"oVir;'~~4 ~ ~' . ~ design~~d~~~,~ as:"UtilW'Eas~tri~#t:::~"have'and to holdfor~~ ' " '":7(;"0' ,;'~, ,', ',\ :.':" ': ".:"./:,,:':'L;~::':"';!~~~';:"':~IjA4rilit[::';:;,,~6/',"{. ,';, ' ":",::: ;~;~'( , ' "'V:'>:' ,',' .... "/;~}:;::p\l " -:: . ',: ,:-: ,,~,~,:,~ :' " ,<,'-"" ' -': ;J,::: ':~~\:':,,:' (Ackrlowleqgea::~~Jo~d,sipathres of al1:'r~~6id owners of platted 'pr~;)~" ',' . .," ,-", . 18.12.030 MORTGAGEE In those cases where the area being platted or the plat of subdivision is subject to any liens, mongages, claims, or other encumbrances by pany(ies) or other owner(s), the following cenificate shall be required: :~t':>. " ~~", " ' : I ~',:"" . ~ , ~ , " "'I ~ , ,;r~' .' ~ ' . Ordinance # 1693: Effective March 24, 2007. page 12-2 18.12.040 PARK LAND ~. Cash-in-Lieu of Park Land. Where there will be a cash donation in-lieu of park land dedication, . plats of subdivision shall show the following certificate: ,::;,tERtiFICATt'A~t~d:~;bdiir~l~~i(,~~LAND:i~iDi&~oNr; ''':,:<, ""J ,,: ,:: ,;'\,~: ::,,;1:",":~'::;:~:':~')"<;~';~i<,i~i~,":'~~:,1:;~~~;;.r\~~i~\:\;,\\' ~!~!;~;':::!,'>,,' :,:', " "'" ::':' ':Jn~as;'lnucli;'as d":'..i:"'~"''''t,of!:;;;';;~''"'laIid:;;~iL:':'l''''(' )\<.';:' ea,of"kubdivisiah::Name) woUld::be 'bn~jefor~"K""~ :'1 <~"iY' ." ~'1',:" ,_ ~~',~~'b;,$e~~Sionpf~e 'Qty,0f~,tijai'land~nJd '~,:'~~I< :~~<" "_~,an(ltbat cish-in:::li~:'in;the, ,atUotint,:'of :!' ' ':'"\:,:,;:';,don~. bi:aCe " '. , ',\, 't1ierproVislons:ot-the~,Moi1tana "SribdiVis~on, and plattii,tg:_;,*€t~I'c,sr~:'jttol~"'~> ~:,~ ,<, ,I'.~ ~'tl1e,'J~~naIl'~ci~, Oxle < , '~"<I:~' <, \ l'-:",g; ~ ~ 1',1-'.;/1,1 'y"'" 'i'~~II'>+':" .' '> " :..*'", " , · , " '<, ".: ',~,,'\<';':"<:~:i'Y'~:;~'::' 'l~,)' ,1i;~~h);>:;~~,~' :>:'",' : "", '~> DATED':"t.:", ,,', ""';":"'l';';"";"';" " ',,' ,;~:~:;:,:" }', ',: :;':\;" ;,:,~', ';A\' "C', , , 11 "{\ ,> ,~.tI}~...1~ '4."<l.'k\' ~ ,~, < < \. , "".,,' ''', ,', "",{5f6ri~~'\~':;!~',~,,;:::::';",,<, , ~I' ,",. < ~ ,1 ~,~ ';"f~"";'J" "'~*,~l"'f... I .:, , ' ' ,,,,, "/"', '.' ~,":> .,!-:':,~i<;'::,~n{!':;:~,:~;~\,;;,;,'.' !'~~::>"-L<.'" , City of Bozeman Directot,ofPublic S,erViC~" j 'p"T;;" ;'" ,0JI" """'<: ' "i , . "" I , ':; ;'.-',: ' ',',;{:' ;" !\;'::1;)~:-;/::\!.,!,::y:,.', ~: ,::'~,::}~i:;" ': ,,' (' . .,;. ,~ B. Off-Site Park Land Dedication. Where park land will be provided off-site, in accordance with ~18.50.100.D or E, BMC, plats of subdivision shall show the following certificate: , ;'.' <. ',,' ,',";. ...:";:\ "";;~";"""'_J.:~<[;<:r:';/~.~~" ,:::'~<,.", .,." .,' . CERTIFICATE ACCEPnNG OFF'~SrfE p~'LAND DEDICA nON " :'In,~:mt1ch~~,iuis.~erto:' " ""''''I:':: .':"):;i"<"'\':';';;:<.".'~~";':" " ,', fatted; , ,',Qf;lSli~r~ ," ,N'" .-, p, ~, ~ ,," -,;;,~,,~, , of the rrl-... 'of ~'t.hat': ";'~A~'~it.'-",' 'I ',""';:tt;~~l"(i' -:~"F:,o.\r'J.le,p ~~:~'I- ~,~;,~ SubdiVision an,(r:p~':AcJ;.; Code" 1b ' ff"'" i,-~..t.. 1__.J;. , .', ,,~,I.t , . e',o ' ~slte" pcu,o, IaUU;, 0I1 , Iand,to wiri" ,. ';",",i,i.,,:! ", .L",<',,,,,,,,, < " " ' , ,<' " "DX~D.~~~:8-,"Y" ,;.1<" ,,'. ' '-.'::<.:::, ."',,~~:~-;:'";~': ",.'. <!>:4i<<w~}'~/,i,'\~4~,~J,::1ir~~:~',~,,:' ::.~'~~,~":.,l:~~l~ >'.' "\~'" 'r " 'v'' : ", ',w,' / .I'....<I(.'r~~\""""..,;$iIJ:,. \j-....~ ' ~ >~,' !~ > '"!'-~""1,i" ~::~-"~:+\'~/'.l,,,~.::<t;L: ,N., ' 1~ ,\0: ~,,~'~','<:Jr.J' <.c ~ , , ;:.,':, ',', "cY" ,,';:-~" "~:\:,/;:,;,;~i,~::,~i'.~, "," " ,'; /7')' ',:" ~ 'f :/ T "", >;\:\," Cit;Y of BozemanDlreCror' of Public Service,',' , , > > " ,~ " :; /'. . ,< '~;i'~"":_'<I( " '" ,~~ ' , " , '" . ,,'Z " " " ,'<' , 't., ':';,;:\'-{ " '".'{ ., " ,:~:. '~'. ,~ , "~ , , "l";;~, ;<, , , . '..;, ',: ~~ " ",', ; <' , , ,. .,' .c. Park Land Dedication to School District 7. Where park land will be provided in accordance "th ~18.50.100.F, BMC, plats of subdivision shall show the following certificate: Ordinance # 1693: Effective March 24,2007. page 12-3 'C:E.R:'FIFIO\TEAOCltPfING'(PARK lAN1) DEDICATION TO 'SCHOOL DlS~Gf 7 :,,;' :' ,,~::.tY' "~':":~:~',/~~",,;i,'.,:',~c, <:,;<<' '-';;" ",," .',,",,:",,<,,,,,', " '" : ''',;':':':':'':,' ,;~'~/r::~,'," ': :Iit~mudi" ~~~",to:ddciition'Qfp*Iart~'forparkmd ~Und';'~<~~;/ ses\~SGij:he : "ktt~(f~1ff;j~':t.i!Vi~g~N~\ '.w:oUiclbe i~Sifiilili';::it, is her..l<...' o1dered t-;',th1~~bn ' ,p" ,,',''', ." ,~:upp.I, ," , ."c, ,,, <, 'It,., . , , . ,~ vtJ]', . V:J,:lt)!.." ..,.... ' of:tht' C',",: .' h~~)," 'that:i(" .'ri,HarufdldicatiOnJor am. , " ses.'.be'in.ei[Wiilin~(f.J.iA:~t~' " '" " 11;Y. . 'I', ' >>,' ~ , ','.., , "~"< 'j"'P. ,.purpo " ','c', ''':;f'' ,~, .;, ',SChOof; , ,. '7.. i?Iirith the <<Nisi' . "odhe:Montnia Subdivi . ,It alia:']? " 'M' ~6.~~19(""':'," \\;~.;IDe;~~"M~rI*4' poq~.::jtSchoOl' Dikri~ ?}.,C1?'...' '>i'io, lQn < \i ,..k~? . ,,' 'l)~.""mtH;aCilides :d1e'6Witershi ",of,the:l~(f.snaIlrev' +t...., ,,,' get' ~1,l,.J'" "'" ',..",.J", .:.1:".1' ,.. .,.,,~ Ci " of~"'" , <<:, :i$ch601 '1'\:$ikt ,7 "sha11~l'mmsrer.,th(dattd 1:0: tlie1:;Witb 0/ ,.,' < ' . ,~< ~~4,1:'J_ < '.1'. '., - <" ,'_J.'~'\o < ,,,< <<. ,'> '~~'j:.. < ~ ',clear:.' ',' ':'''., the:~~heveJo' ""Standaitk~fofp~~e~~:'li'" ,l:ih; ~iR5:' , cd1"".' "~be.. <vuied~on ',. 'deSctibed""':", 's"Of'~, ~"" ". ~"". ." ,pro c..',' "'N'~""~' '" ;<,~\:~J1,<" ""'., roW;:R~0h,<.,\", ,;': ~:::};'::,', .\,,;;, . /::, .;. ',' 'JI({f~t~:> , '."">.6" 1.,;.'" ,,'~, . .",,,, '." "~ "." . . ,,/,?,;,='i>";:~'/i ~\<::< >" ,M~ .. .~~~/t<v~> ~I,~\:'.,'~'N'",:" <<<,<h.",>>',<, "":":"",' ,.',\:,,>,' ''','' 0 ~~ifA"(e4l::J1tainfil" " :,;'~;:;. ' '-:" ,''',' ','." :";'"","\, ,~,,:,' "'."'1:':': )nPldtmidTOttdACreaiiJ'" ,.!':.!", \;~,:,)::> _> ','';:.. .. " <~ '.. :~/: ~<\ .. <'li.1~:"""< < ,'\ ~-f \;; :,I~" 1'( " < " )' ,- - ' ,j{W ,fJ:,1. < <<",;J.<;~ .. > < < <"<"~~..... 4< I'" <" J ,<<l, ,rJ'i': I... ..."" < , < ).~., !~~~Vtt < <t:.;:" .. ',: /' +, r'J~,"',~ '< . t.: ' ~,(",;,"'.::;ffh, 'P'ArED~_~of, '" ), ',',,". " 1>'" l..l~H: :<<1..,!A,,:~" OUf><'" ~ .. < i, > 0." .. ~~ ".', :" ",:~(,\":i;T~'<~'~~'~, ^".., "'.' of ' , " " , , 'I ,,', ,1,:_:," :"'-", '.' 't" (Sigp,ature) ..,' ',:\ ,,\(" ..:, ,/ :,.' :':. ,:~.'\., j :.',< ,\{: ,,,' , "'" ,',";;: " . ':Ctty,of, ,:,' ,,~". << ~" ':~f~~hti2:Service" \':'': . .' ,," . ChairmaJi;'SChool~~~etfB6ard ofTroSt~: ' : ',', . ~ <<.~ tS/1t,~ ~. !;,~:?,\>:': ~!y) < :,:. < . :"+ >~~~: ~ l>h~" . ~ <,' < :' '.. :", ,-' , , "'. ~.;'",", ':'; .:~J;R:.:. ",(Sl~e)" .. ,.11'" . I < .,' , , ,,~:: .< ' .":. ',~::~"T; .~. ;!<> '. 18.12.050 SURVEYOR All subdivision plats or cenificates of survey shall contain a Cenificate of Surveyor which shall read as follows: ,:~~f~'1i~',~;~:'" 'f'*')tf,',' ::~~~~j ><~ > < + < < '." '" ..\,;<fu"\ ,~t/. < ,,<.':J tt:J<d<<<<~~ >~ "~ ,.~, '}f'~';,,", .' ;<;"..,/;,:;;.:,i~,.".{,;: , \, J:t.., ."".tf\ " ~.{;:i < l" >'~';': ~<:~ , "J y~<<~:j; ~}':::.~ l< : :~<.:'~~ ,iS~ bf'~ " "t)f';' ~'t' .~; J 4~<>, ~ ? ,L . .:. < < (-:}," < < .' ", n . ~ ., > . , ' , '~~~,,') <<<,_ ~ <..:cl ~~< " '. '.\1 <~, ' . 'r'.,' <.' ~< . . , " 18.12.060 IMPROVEMENTS A. Where improvements are to be installed prior to final plat approval, the final plat of subdivision . shall contain a Certificate of Completion of Public Improvements. The certificate shall list all completed and accepted improvements, and shall read as follows: Ordinance # 1693: Effective March 24, 2007. page 12-4 . . . B. If all required subdivision improvements will not be installed prior to final plat approval, and the final plat will be recorded subject to an improvements agreement and financial guarantee, this certificate shall be modified to also list all improvements NOT completed. 18.12.070 GOVERNING BODY The City Commission or their designated agent shall cenify approval of the plat of subdivision. Said certificate shall read as follows: ,'~ .. .:~:<. <~J' '~< ..~,: ,., =t," ~. .';, ~, < . . 1", ", ~ ," 18.12.080 EXCLUSION FROM MDEQ REVIEW The following cenificate shall be added to all subdivision plats to cenify that adequate storm water drainage and adequate municipal facilities will be provided. Ordinance # 1693: Effective March 24, 2007. page 12-5 ,,'" ~i .~\::t~><>:~><~ < >>~E,f5>~~ ,,,.,.d ~;j( < ,~~: ' ,~ :,:<,~<> ~:>> :~::>< j:<~<' ~< :~:~ . 'I' ,,'. ~ ;- ~ 18.12.090 COUNTY TREASURER All final subdivision plats, and certificates of survey unless prepared for a subdivision exemption to provide security for construction mortgages, liens or trust indentures, shall show the following Certificate of County Treasurer: << ; ~' :"1"'<'"'' ..," 'T ./,'. <,: '-"';rn ~',.~"'> "J->~.;...;: "~III;' " 'J jf"> ',' ',~1,1 'i' >. '1" L ',' , , ",,~ < ',: TltJ/f\ J.; '.::, . 18.12.100 CLERK AND RECORDER All plats or certificates of survey shall show the following Certificate of Clerk and Recorder: l.': c' , ' ',~<~~:< >~:~<::<,:< .j ....h,,}ii :::f;',~ <:,' ,;- ~' "'~ r,~ ,I;': ~~4 <.1{ ~ < ~ ~<r<4{~ .. .c,<<~':'<' '^fI1~~ : ~ ,,"~ > 'V'" . Ordinance # 1693: Effective March 24, 2007. page 12-6 .18.12.110 The following certificates shall be provided in a printed certificate on the amended plat or certificate of survey for allowed exemptions: A Certificate of Governing Body. CERTIFICATION OF USE OF EXEMPTION CLAIM . , ~,~ ~) :,; i "" <, < "?'1' ,< < ",' < " /~'l<:,\ ;<'l~' ."'."f:>' < ~~ ; // . 'j: .' t).\ <;, <<#~~l\': < > <:;tA.\ '" < <<<,', < B. Certificate of Exemption. Reference to exclude the survey from Montana Department of Environmental Quality review can also be added to this certificate, as appropriate. '\' 'i:~t::; ~f:~':',' ,',' "i. '" 'I ' >..~, < ". ..<'.' " . I" < /'f'>> : f \1., > < < '-:. " :>$~"" :'; , .:.' \..,;l', ..~f. ..:':q!";:/., <,,, ,.,),.,,,,, .'"l"'<"('j,~~~~ \ ~r \ Ii'\V , :-', :"~'~.;'~::";:"~<t~~;{[f ....;;. <~:'\<< < !"~ <, , ~'. ' /',< ," . Ordinance # 1693: Effective March 24, 2007. page 12-7 . CHAPTER 18.14 ZONING DISTRICTS AND ZONING MAP 18.14.010 USE DISTRICTS DESIGNATED, ZONING MAP ADOPTED A. The City is divided into zones, or districts, as shown on the official zoning map(s) which, together with all explanatory matter thereon, are adopted by this reference and declared to be a part of this title. B. For the purpose of this title, the City is divided and classified into the following use districts: R-S Residential Suburban District R-l Residential Single-household, Low Density District R-2 Residential Two-household, Medium Density District R-3 Residential Medium Density District R-4 Residential High Density District Residential Office District Residential Manufactured Home Community District Neighborhood Business District Community Business District Central Busmess District Light Manufacturing District Manufacturing and Industrial District Business Park District Northeast Historic Mixed Use District Historic Mixed Use District Public Lands and Institutions District Neighborhood Conservation Overlay District Entryway Overlay District Casino Overlay District Urban Mixed Use District R-O RMH B-1 B-2 B-3 M-l . M-2 B-P NEHMU HMU PLl NC EO CO UMU C. Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the City that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this title. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the City to bear the cost of extending servlCes. Individual zoning districts are adopted for the purposes described in S18.02.040. A variety of districts is established to provide locations for the many uses needed within a healthy and dynamic community. Each district, in conjunction with other standards incorporated in this title, establish allowable uses of property, separates incompatible uses, and sets certain standards for use of land. This provides predictability and reasonable expectation in use of land within particular wning designations and sites. D. . Ordinance # 1681: Effective August 3, 2007 14-1 18.14.020 OFFICIAL MAP AVAILABILITY, CERTIFICATION AND AUTHORITY - CHANGES A. The official maps shall be available in the Planning Department and shall bear a certificate with . the signature of the Mayor attested by the Clerk of the Commission and the date of adoption of the ordinance codified in this title. B. The certificate should read as follows: This is to certify that this is an Official Zoning Map referred to in section of Ordinance Number of the City of Bozeman, Montana. Mayor Attested Date of Adoption C. Regardless of the existence of purported copies of the official zoning maps, which may from time to time be made or published, the official zoning maps kept in the Planning Department shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the City. 18.14.030 OFFICIAL MAP REPLACEMENT CONDITIONS A. Tn the event that the official zoning maps become damaged, destroyed, lost or difficult to interpret because of the nature or number of changes or additions thereto, the City Commission may adopt and certify new official :zoning maps which shall supersede the prior official zoning maps. The new official zoning maps may correct drafting or other errors or omissions in the prior map, but no such corrections shall have the effect of amending the original official zoning maps or any subsequent amendment thereof. B. If any changes to the map are made by amendment of this title in accordance with Chapter 18.70, BMC, such changes shall be made to the official :zoning maps and signed, dated and certified upon the map or upon the material attached thereto. C. The new official :zoning maps shall be identified by signature of the Mayor attested by the Clerk of the Commission. The certificate should read as follows: This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted as part of Ordinance Number of the City of Bozeman, Montana. Mayor Attested Date of Adoption . 18.14.040 BOUNDARY INTERPRETATION GUIDELINES A. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the boundaries shall be interpreted as following the nearest logical line to that shown: 1. Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerlines; 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; 3. Boundaries indicated as approximately following City limits shall be construed as following such City limits; 4. Boundaries indicated as following railroad lines shall be construed to be midway between the main track(s); . Ordinance # 1681: Effective August 3, 2007 14-2 . . . B. 5. Boundaries indicated as following the centerline of streams, rivers, canals or ditches shall be construed to follow such centerlines; and 6. Boundaries indicated as parallel to or extensions of features indicated on the official zoning map shall be determined by the scale of the map. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or where other circumstances or controversy arise over district boundaries, the Planning Director shall interpret the district boundary. Such interpretation may be subject to appeal to the City Commission. Where district boundaries divide a lot or parcel into two or more districts, the entire lot or parcel shall be deemed to have only the characteristics and uses of the most restrictive district that any part of the lot or parcel rests within. However, for properties which lie partially within a specified overlay district, the Planning Director may determine that overlay district regulations shall apply only to that portion of the property lying within the specified overlay district. The criteria for making such a determination shall include an evaluation of site topography and the degree t6 which the development portion of the property lying outside of the overlay district is integrated with the development lying within the district. e. 18.14.050 CLASSIFICATION OF PARTICULAR USES - PLANNING DIRECTOR AND CITY COMMISSION AUTHORITY A. The Planning Director shall determine the appropriate classification of a particular use. In making this determination, the Planning Director shall find: 1. That the use is the same as one or more uses permitted in the district wherein it is proposed to be located; or 2. That the use is so similar to one or more uses permitted in the district wherein it is proposed to be located as to be interpreted as the same, so long as: a. The use and its operation are compatible with the uses permitted in the district wherein the use is proposed to be located; b. The use will not cause substantial injury to values of property in the neighborhood or district wherein it is proposed to be located; and c. Neither the intent of this title nor the intent of the district will be abrogated by such classification. d. Persons objecting to decision of the Planning Director regarding a classification of a use carry the burden of proof to establish error in the decision. B. If a question arises concerning the appropriate classification of a particular use, the Planning Director may submit the question to the City Commission to determine whether the particular use is the same, or so similar as to be interpreted the same as a listed permitted or conditional use. In making such a determination, the City Commission shall fmd that the criteria set forth in either subsection (A)(1) or (A)(2) of this section are met. e. If a specific use is not listed and cannot be interpreted to be the same, or so similar so as to be interpreted the same, as a listed accessory, principal or conditional use, the use shall not be allowed. However, an amendment to the text of this title may be submitted for review and approval pursuant to the requirements of this title to allow such use as a listed principal, conditional or accessory use. 18.14.060 ZONING OF ANNEXED TERRITORY All territory which may hereafter be annexed to the City shall, in conjunction with the annexation, be the subject of a zone map amendment in order to be designated and assigned to a City zoning district. Ordinance # 1681: Effective August 3, 2007 14-3 Areas of annexed public right-of-way(s) shall be considered to be zoned according to the provisions of 518.14.040.A. The City Commission shall determine the appropriate zoning for any and all areas to be annexed to the City but shall request a recommendation from the Zoning Commission and shall take . into consideration the Bozeman growth policy. Any ordinance adopting such zoning amendment shall not be effective prior to the effective date of such annexation. . . Ordinance # 1681: Effective August 3, 2007 14-4 . . . CHAPTER 18.16 RESIDENTIAL ZONING DISTRICTS 18.16.010 INTENT AND PURPOSE OF RESIDENTIAL ZONING DISTRICTS The intent and purpose of the residential zoning districts is to establish areas within Bozeman that are primarily residential in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one residential district is to provide opportunities for a variety of housing types and arrangements within the community while providing a basic level of predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other when the standards of this tide are met and any applic:.lble conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. All development is subject to ~18.02.050, BMC. A. The intent and purpose of the R-S, Residential Suburban, district is to allow open space, resource protection and primarily single-household development in circumstances where environmental constraints limit the desirable density. All new subdivision and site plan developments in this district shall be subject to the provisions of Chapter 18.36, BMC, Planned Unit Development, and shall be developed in compliance with the adopted Bozeman growth policy. B. The intent of the R-1, Residential Single-household, Low Density district is to provide for primarily single-household residential development and related uses within the City at urban densities, and to provide for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area. C. The intent of the R-Z, Residential Two-household, Medium Density district is to provide for one- and two-household residential development at urban densities within the City in areas that present few or no development constraints, and for community facilities to serve such development while respecting the residential quality and nature of the area. D. The intent of the R~3, Residential Medium Density, district is to provide for the development of one-' to five-household residential structures near service facilities within the City. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses. E. The intent of the R-4, Residential High Density district is to provide for high-density residential development through a variety of housing types within the City with associated service functions. This will provide for a variety of compatible housing types to serve the varying needs of the community's residents. The net density, as defined in Chapter 18.80, BMC, for new developments shall be 8 dwellings per acre or h>Teater. Although some office use is permitted, it shall remain as a secondary use to residential development. Secondary status shall be as measured by percentage of total building area. F. The intent of the R-O, Residential-Office district is to provide for and encourage the development of multi-household and apartment development and compatible professional offices and businesses that would blend well with adjacent land uses. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential b'Towth policy designation the primary use shall be non-office uses; where the district lies over a non-residential desibl'llation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. Ordinance # 1709: Effective August 15, 2007. page 16-1 G. The intent of the RMH, Residential Manufactured Home Community district is to provide for manufactured home community development and directly related complementary uses within the City at a density and character compatible with adjacent development. The district is . intended to be residential in character and consistent with the standards for other forms of residential development permitted by this title. 18.16.020 A. AUTHORIZED USES Uses in the various residential districts are depicted in the table below. Principal uses are indicated with a "P", conditional uses are indicated with a "C", accessory uses are indicated with an "A" and uses which are not permitted with the district are indicated by a "~". Additional uses for telecommunication uses are contained in Chapter 18.54, BMC. B. Table 16-1 Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-O RMH Accessory dwelling unitsB C C P P P P - Agricultural uses on 2.5 acres or more2 p - - - - - - Agricultural uses on less than 2.5 acres2 C - - - - - - Apartments/Apartment Building, as defined in - - - - p p - Chapter 18.80 Assisted living/ elderly care facilities - - - C C P - Bed and breakfast C - C C P P - Commercial stable C - - - - - - Community centers C C C C C P C Community residential facilities (with more than C C C P P P C four residents) Cooperative housing C C C p p p C Day care centers. C C C P P P C Essential services (Type 1) P P P P P P P Essenrial services (Type 11) C - - - - - C Extended stay lodgings - - - - p p - Family day care home P P P P P P P Fences A A A A A A A Fraternity and sorority houses - - - C P P - Golf courses C C C - - - C Greenhouses A A A A A A - Group day care home P P P P P P P Guesthouses A A A A ^ A - . . Ordinance # 1709: Effective August 15, 2007. page 16-2 . . . Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-O RMH Home based businesses5 A/C AIC AIC A/C AIC AIC AIC Lodging houses - - - C P P - Offices - ~ - ~ C3 P - Other buildings and structures typically accessory A A A A A A A to authorized uses Private garages A A A A A A A Private or jointly owned community center or A A A A A A A recreational facilities Private storm water control facilities A A A A A A A Private vehicle and boat storage A A A A A A AIC4 Public and private parks P P P P P P P Manufactured homes on permanent foundations 1 P P P P P P P Manufactured home communities - - - - - - P Medical offices, clinics, and centers - - - - C P - Recreational vehicle parks C - - - ~ - P Signs, subject to Chapter 18.52, BMC A A A A A A A Single-household dwelling P P P P P P P Temporary buildings and yards incidental to A A A A A A A construction work Temporary sales and office buildings A A A A A A A Three- or four-household dwelling - - - P P P - Two-household dwelling - - P P P P - Townhouses (two attached units) p7 p7 P P P P p7 Townhouses (five attached units or less) - - - pc, P P - Townhouses (more than five attached units) - - - - p P - Tool sheds for storage of domestic supplies A A A A A A A Uses approved as part of a PUD per Chapter C C C C C C C 18.36, BMC Veterinary uses C - - - - - ~ Notes: 'Manufactured homes are .rubject to the standards 0/"$18.40.130, BMC. 2Agncultural uses inc1ude.r barns and animal shelters, and the keeping 0/ animaLr and fowl, together with their dependent yount; as hereincifter set fOl1b per 2.5 acm: one bor.re or one COl).'; two sheep or two goats; ten rabbits; thirty-six fowl (chickens, pheasants, pigeons, ttc.) or six largerfowl (ducks, geese, turk~ys, etc.). For larger parcels the Planning Director m,?y determine that a larger number 0/ lilJestock is consistent with the requimnents of thi.r section. 'Only n;/Jen in cof!iunction lI!ith dll'ellings. Ordinance # 1709: Effective August 15, 2007. page 16-3 4 Storage for more than three recreational vehicles or boats. sHome based businesses are su/jectto the terms and thresholds 0[$18.40.110. BMC. 6In the R-3 district, townhouse groups shall not exceed 120feet in total width . 7In the RS, R-1, and RMH distnd townhomes are only allowed u,hen utiliZed to satiify the requirements 0[ Title 17, Chapter 2, BMC, Affordable Housing. Mqy onlY be utilized in developments su/ject to Chapter 17.02, BMC, 8Not pennitted on reduced size lots for Ivork force housing as described in Chapter 17.02, BMC. 18.16.030 LOT COVERAGE AND FLOOR AREA A. Maximum lot coverage by principal and accessory buildings shall be: 1. For newly created lots in the R-S district, determined through the PUD review procedures set forth in Chapter 18.36, BMC, in compliance with the adopted Bozeman growth policy. a. For existing lots in the R-S district, not more than 25 percent of the lot area shall be covered by principal and accessory buildings. 2. Not more than 40 percent of the lot area in the R-1, R-2,R-3 and RMH districts. 3. Not more than 50 percent in the R-4 district. 4. Not more than 40 percent for residential uses or 60 percent for nonresidential or mixed uses in the R-O district. 5. In all residential zoning districts for those lots used to satisfy the requirements of Chapter 17.02 BMC not more than 60 percent of the lot area shall be covered by principal and accessory buildings. When a larger lot has a portion of its total dwellings subject to the requirements of Chapter 17.02, BMC,either directly or inherited from an previous subdivision, the portion used for those dwellings may have up to 60 percent of . the lot area covered by principal and accessory buildings. E. Minimum floor area requirements for each dw~lling in all districts shall be that area required by the City's adopted International Building Code. e. The total floor area of the unit built on a lot subject to the provisions of ~ 18.42.180, Provision of Restricted Size Lots and Units, (excluding area used for a garage) shall not exceed a floor area ratio of 1 :3.3. For example, if the lot is 5,000 square feet the square footage of the house can not exceed 1,515, or a ratio of 1 square foot of floor area for each 3.3 square feet of lot area. 18.16.040 LOT AREA AND WIDTH A. All lots shall have a minimum area as set forth in the table below and are cumulative. These minimums assume a lack of development constraints: Table 16-2 Lot Area Table Minimum Lot Area in Square Feet R-S R-1 R-2 R-3 R-4 R.O RMH Single-household dwelling See Paragraph 5,0001 5,000' 5,0001 5,0001 5,0001 5,0001 C below Single-household dwelling (only for dwellings to satisfy minimum requirements of Chapter 17.02, 2,7008 2,7008 2,700H 2,7008 2,7008 2,7008 2,7008 BMC)7 Two-household dwelling - - 6,000 6,000 6,000 6,000 - Two-household dwelling (only for dwellings to sarisfy minimum requirements of Chapter 17.02, - - 2,500 2,500 2,500 2,500 - BMC)7 . Ordinance # 1709: Effective August 15, 2007. page 16-4 . . . Lot Area Table Minimum Lot Area in Square Feet R-S R-l R-2 R-3 R-4 R-O RMH Lot area per dwelling in three- or four-household - - - 3,000 3,000 3,000 - dwelling configurations Lot area per dwelling in three- or four-household dwelling configurations (only for dwellings to - - - 2,500 2,500 2,500 - satisfy minimum requirements of Chapter 17.02, BMC)7 Townhouses - - 3,0006 3,0002 3,0002 3,0002 - Townhouses (only for dwellings to satisfy 2,500 2,500 2,500 2,500 2,500 2,500 2,500 minimum requirements of Chapter 17.02, BMC) 7 Apartments - first dwelling - - - - 5,000 5,000 - Apartments - each dwelling after the first - - - - 1,200 1,200 - Aparrments - each dwelling after the first (only for dwellings to satisfy minimum requirements of - - - - 900 900 - Chapter 17.02, BMC) 7 Additional area required for an accessory dwelling 1 ,0004 1 ,000 1,0005 1,0005 1,0005 1,0005 - unit3 All other uses 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001 Notes: I]n order to complY with the standardr contained in Title 18, lot area in excess of the required minimum mqy be needed;.for example for comer lots, parking, landscaping or large residential structures, and mqy be necessary for propertY atijacent to watercourses, ridgelines, or other environmental features in order to provzde an appropriate buildable area on the lot. '-For townhouse c/uster.r the minimum average lot area per dwelling in an indivzdual strueture shall be 3,000 square feet. 'As defined in Chapter 18.80, RMC and suo/ed to the requirements f!! Chapter 18.40, BMC 'Extra lot size requirement does not applY when R-S lots are larger than 6,000 square feet. 'Second dUJellings in accessory buildings are suo/eet to all restrictions in this title relating to accessory buildings. Lot area and width shall be provided as if the dJlJelling were attached to the principal use. Dwellings to be developed under this option are suqject to $18.40.030, BMC 6Per townhouse lot 7M'!} onlY be utilized in developments subject to Chapter 17.02, BMC sA lary,er lot size mqy be required to complY with the requirements f!!Section 17.02.050, table Mix and Price f!!Dwelling Units B. All lots shall have a minimum width as set forth in the table below. These minimums assume a lack of development constraints Table 16-3 Lot Width Table Minimum Lot Width in Feet R.S R-l R~2 R-3 R-4 R-O RMH Single-household dwelling &~C ParagrAph C 50 50 50 50 50 50 beluw Single-household dwelling (only for dwellings to satisfy requirements of See Paragrnph C 30 30 30 30 30 30 bduw Chapter 17.02, BMC) Two household dwelling - - 60 60 50 50 - Accessory dwelling unit1 50 50 60 60 60 60 - Ordinance # 1709: Effective August 15,2007. page 16-5 Lot Width Table Minimum Lot Width in Feet Dwelling5 in three- or four-household - - - 60 60 60 - dwelling configurations Townhouses 30 30 30 Width of Widthu( Width of interior units iOlerior unit!> inrerior units - All other uses See Parah7Taph C 50 50 50 50 50 50 bdow . Notes: '5 econd dwellings in accessory buildings are suo/ect to all restrictions in this title relating to accessory buildings. Lot area and Ividth shall be provided as if the dwelling were attached to the prindPal use. Dwellings to be developed under this option are suo/ect to $18.40.030, BMC. E. C Lot Area and Width for R-S. Residential Suburban Lots. 1. Lot area and width for newly created lots in R-S districts shall be determined through the PUD review procedures set forth in Chapter 18.36, BMC and in compliance with the adopted Bozeman growth policy. Unless otherwise approved through the planned unit development process, the average lot size shall be one acre. 2. Existing lots in the R-S district not utilizing a community water andlor sewer system shall be considered nonconforming lots if Jess than one acre in area andlor 100 feet in width and subject to Chapter 18.66, BMC Existing lots in the R-S district utilizing a community water andlor sewer system shall be considered nonconforming lots if less than one-half acre in area andlor 100 feet in width and subject to Chapter 18.60, BMC Lot area and width may be reduced to allow a density bonus through the PUD process. Amount of a bonus, methodolot,'Y for calculating the bonus, and standards for allowing a bonus are described in ~18.36.090.E.2.b(6), BMC . When new lots are created utilizing the modular lotting provisions of ~18.42.030, BMC, they shall be developed in combination adequate to meet the width requirements of subsections A and B of this section. D. 18.16.050 YARDS A. Minimum yards required for the R-1, R-2, R-3, R-4, R-O and RMH districts are: 1. Front yard: a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25 feet b. Adjacent to collector streets as designated in the Bozeman growth policy - 20 feet c. Adjacent to local streets - 15 feet 2. Rear yard - 20 feet a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25 feet 3. Side yard - 5 feet; or 0 feet for interior walls of townhouses. 4. All vehicle entrances into garages shall be no closer than 20 feet to a property line, unless explicitly authorized otherwise under this title. B. Minimum yards required for the R-S district are: 1. For lots created in the R-S district prior to the effective date of these regulations: a. Front yard - 35 feet . b. Rear yard - 25 feet Ordinance # 1709: Effective August 15, 2007. page 16-6 . . . c. Side yard - 25 feet 2. Minimum yard requirements for newly created R-S lots shall be determined through the PUD review process. 3. All pens, coops, barns, stables or permanent corrals shall be set back not less than 100 feet from any residence or public road and not less than 50 feet from any property line. e. When a lot has 1 or more principal buildings which are oriented to place the functional rear of a building adjacent to a side lot line a. setback from the property line equal to that for a rear yard shall be provided. D All yards are subject to the provisions of ~ 18.30.060, ~ 18.38.060, ~ 18.42.1 00, ~ 18.44.100 and ~18.48.100, BMC. 18.16.060 BUILDING HEIGHT Maximum building height for each residential district shall be as follows: Table 16-4 Residential Building Height Table Maximum Building Height in Feet Roof Pitch in Feet R-S R-l R-2 R-3 R-4 R-O RMH Less than 3:12 24 24 24 32 34 34 24 3:12 or greater but less than 6:12 30 28 28 38 38 38 28 6:12 or greater but less than 9:12 34 32 32 40 42 42 32 Egual to or greater than 9:12 38 36 36 42 44 44 36 18.16.070 RESIDENTIAL GARAGES Attached residential garages shall not obscure the entrance to the dwelling. Attached garages are required to be clearly subordinate to the dwelling. A subordinate garage has two or more of the following characteristics: A. The principal facade of the dwelling has been emphasized through the use of architectural features such as, but not limited to, porches, fenestration treatment, architectural details, height, orientation or gables, so that the non-garage portion of the residence is visually dominant; B. The facade with the garage vehicle entrance(s) is recessed at least 4 feet behind the facade of the dwelling containing the main entry; and/or C. The area of the garage vehicle door(s) comprise 30 percent or less of the total square footage, exclusive of any exposed roof areas, of the principal facade of the dwelling. Principal fa<;:ade shall include all wall areas parallel to the garage door(s). Alternative means of addressing the intent of this section will be considered. Detached garages are encouraged when they are compatible with the existing neighborhood development pattern. Vehicular garage access on non-principal facades and/or alleys is also encouraged. 18.16.080 ADDITIONAL RMH DISTRICT PERFORMANCE STANDARDS Development of any parcel of land within the RMH district shall be subject to all applicable requirements of Chapter 18.40, BMC, Standards for Specific Uses and Chapter 18.42, BMC, Development Standards, including, but not limited to, fences, parking, signs, landscaping and home occupations. In addition, manufactured home communities will be subject to the following general reqmrements: Ordinance # 1709: Effective August 15, 2007. page 16-7 A. Minimum Area for Manufactured Home Community District. 1. The minimum total RMH district area shall be no less than 10 acres unless the applicant . can show that the minimum area requirements should be waived because the waiver would be in the public interest and that one or both of the following conditions exist: a. Unusual physical features of the property itself or of the surrounding area such that development under the standard provisions of this title would not be appropriate in order to conserve a physical or terrain feature of importance to the neighborhood or community; or b. The property is adjacent to or across the street from property which has been developed under the provisions of this section and will contribute to the amenities of the area. 2. Waiver of the 10 acre minimum may only be granted by the City Commission. . . Ordinance # 1709: Effective August 15, 2007. page 16-8 . . . CHAPTER 18.18 COMMERCIAL ZONING DISTRICTS 18.18.010 INTENT AND PURPOSE OF COMMERCIAL ZONING DISTRICTS The intent and purposes of the commercial zoning districts are to establish areas within Bozeman that are primarily commercial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one commercial district is to provide opportunities for a variety of employment and community service opportunities within the community, while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when the standards of this title are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. A. The intent of the B-1 neighborhood business district is to provide for smaller scale retail and service activities frequently required by neighborhood residents on a day to day basis, as well as residential development as a secondary purpose, while still maintaining compatibility with adjacent residential land uses. Development scale and pedestrian orientation are important elements of this district. The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. The intent of the B-3 central business district is to provide a central area for the community's business, government service and cultural activities. Uses within this district should be appropriate to such a focal center with inappropriate uses being excluded. Room should be provided in appropriate areas for logical and planned expansion of the present district. 1. It is the intent of this district to encourage high volume, pedestrian-oriented uses in b'Tound floor space in the "core area" of Bozeman's. central business district, i.e., along Main Street from Grand to Rouse and to the alleys one-half block north and south from Main Street. Lower volume pedestrian uses such as professional offices may locate on ground floor space in the B-3 area outside the above defined core. B. c. 18.18.020 AUTHORIZED USES A. Uses in the various commercial districts are depicted in the table below. Principal uses are indicated with a "P", conditional uses are indicated with a "C", accessory uses are indicated with an "A", and uses which are not permitted within the district are indicated by a "-". A particular proposed development or use may fall under more than one listed category with different review processes. In such cases, the more stringent review process shall apply. B. The uses listed are deliberately broad and some are given special definitions in Chapter 18.80, BMC. The intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each proposal to be specifically addressed through the review process. Some uses are the subject of special regulations contained in Chapter 18.40, BMC. C. Additional uses for telecommunications are established in Chapter 18.54, BMC. Ordinance # 1709: Effective August 15,2007. page 18-1 Table 18-1 Table of Commercial Uses Authorized Uses B-1 B-2 B~3 Ambulance service - P P Apartments and Apartment buildings6, as defined in this title P P l/C p3 Arts and entertainment center, as defined in this title P P P Assisted living/ elderly care facilities - C - Automobile fuel sales or repair, as defined in this title C C C Automobile parking lot or garage (public or private) P P P Automobile washing establishment C P C Banks and other financial institutions P P P Business, technical or vocational school - C p3 Bus terminals - C C Community centers P P p3 Convenience uses C P e Convenience use restaurant P P P Day care centers P P P Essential services (Type 1) P P P Essential services (l'ype II) - e C Extended- stay lodgings - P P Food processing facilities - C - Frozen food storage and locker rental - P - Health and exercise establishments P l/e P p Hospitals - P C Hotel or motel - P P Laboratories, research and diagnostic - P p3 Laundry, dry cleaning - C C Light goods repair, as defined in this title - e - Lodging houses - e C3 Manufacturing, light and completely indoors - e - Mortuary - C C . . . Ordinance # 1709: Effective August 15,2007. page 18-2 . . . Table of Commercial Uses Authorized Uses B-1 B-2 B-3 Museum - e e Medical and dental clinics P l/e p P Meeting hall - P P Offices, as defined in this title P l/e p p3 Other buildings and stmctures typically accessory to permitted uses A A A Parlcing facilities P P p3 Personal and convenience services, as defined in this title P P P Pet grooming shop P P P Printing offices and publishing establishments - - e Private club, fraternity, sorority or lodge - P P Public buildings P P P Refuse and recycling containers A A A Research laboratories - P P Restaurants p5 P P Retail uses, as defined in this title p2 p2 p2 Retail, large scale - P - Sales of alcohol for on-premise consumption e e e Sign paint shops (not including neon sign fabrication) - P c: Upholstery shops (excluding on site upholstery service for cars, boats, trailers, trucks and other motorized vehicles requiring - P p3 overnight storage) Veterinary clinic - e - Wholesale distributors with on-premise retail outlets, providing warehousing is limited to commodities which are sold on the - C - premises Wholesale establishments that use samples, but do not stock on - P P premises Any use, except adult businesses and casinos approved as parr of a planned unit development subject to the provisions of Chapter 18.36, C C C BMC Notes: 'When located on thesecond or subsequent floor, or basement as defined in Chapter 18.80, BMC. 'Excluding adult businesses, and large scale ntai/, as th~y an defined in Chapter 18.80, BMC. JExcept on ground floor in the core area as defined in this chapter. <PrilJate arls instmcnon shall only bf on the second or sub.requentfloor in the core area as d~fined in this chapter. 5 BxclusilJe if driIJf-ins. Ordinance # 1709: Effective August 15,2007. page 18-3 6Mqy be suiject to the provisions if Chapter 17.02, BMC 18.18.030 LOT COVERAGE AND FLOOR AREA A. In the B-1, B-2 and B-3 districts, the entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings. This title provides opportunities for parking requirements to be met by shared and off-site parking as allowed by Chapter 18.46, BMC. B. In the B-1 district, the footprint of individual buildings shall not exceed 5,000 square feet. e. Minimum floor area requirements for each dwelling in all districts shall be that area required by the City's adopted International Building Code. . 18.18.040 LOT AREA AND WIDTH A. All newly created lots shall have a minimum area adequate to provide for required yards and parking but in no case shall they be less than: 1. B-1 - 5,000 square feet 2. B-2 - No minimum size 3. B-3 - No minimum size B. Lot width for all newly created lots shall not be less than: 1. B-1 - 50 feet 2. B-2 - 100 feet, except in Conservation Overlay District shall have no minimum width 3. B-3 - No minimum width e. When new lots are created utilizing the modular lotting provisions of ~18.42.030, BMC, they shall be developed in combination adequate to meet the width and area requirements of . subsections B.1 through 3. 18.18.050 YARDS A. Minimum yards required for the B-1 and B-2 districts are: 1. Buildings: Front yard - 7 feet, except along arterials where minimum is 25 feet Rear yard - 10 feet Side yards - 5 feet (except zero lot lines as allowed by ~18.38.060, BMC) Parking and loading areas: Front yard - 25 feet Rear yard - 10 feet Side yards - 8 feet The purpose of differentiated yard setback requirements is to encourage the placement and development of buildings in a manner to address the street and adjacent pedestrian activity and encourage a vigorous and diverse streets cape. All vehicle entrances into garages shall be no closer than 20 feet to a property line, unless explicitly authorized otherwise under this title. 5. Rear and side yards adjacent to alleys shall be at least five feet. Minimum yards required for the B-3 district are: 1. No minimum yards prescribed for the B-3 district except a 7-foot front yard required on Mendenhall and Babcock Streets. 2. 3. 4. B. shall be . Ordinance # 1709: Effective August 15, 2007. page 18-4 . . . 2. Where at least 50 percent. of a block (from cross~street to cross-street) in the B-3 district is presently used for residential purposes the minimum yards established in Section 18.18.050.A shall be required. 3. Rear and side yards adjacent to alleys shall be at least five feet. All yards shall be subject to the provisions of ~18.30.060, ~18.38.060, ~18.42.1 00, ~18.44.1 00, and ~18.48.100 BMC, when applicable. 18.18.060 BUILDING HEIGHT c. Maximum building height for each commercial district shall be as follows: A. In the B-1 district: 1. Roof pitch less than 3:12 - 34 feet 2. Roof pitch 3:12 or greater - 38 feet B. In the B-2 district: 1. Roof pitch less than 3:12 - 38 feet 2. Roof pitch 3:12 or greater - 44 feet 3. Maximum height allowed by 1 and 2 above may be increased by up to a maximum of 50 percent when the B-2 zoning district is implementing a Regional Commercial and Services growth policy land use desibJ1lation. 4. 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. In the B-3 district: c. 1. In the B-3 district core area - 55 feet 2. In the B-3 district outside of the core area - 70 feet Ordinance # 1709: Effective August 15, 2007. page 18-5 . 18.19.010 CHAPTER 18.19 URBAN MIXED-USE ZONING DISTRICT INTENT AND PURPOSE OF URBAN MIXED-USE ZONING DISTRICT. The intent and purposes of the Urban Mixed~U se ("UMU'') district is to establish areas within Bozeman that are mixed-use in character, and to set forth certain minimum standards for development within those areas which encourage vertical mixed-use development with high density. The purpose in having an urban mixed-use district is to provide options for a variety of employment, retail and community service opportunities within the community, with incorporated opportunity for some residential uses, while providing predictability to landowners and residents in uses and standards. There is a rebuttable presumption that the uses set forth for each district will be compatible both within the individual districts and to adjoining zoning districts when the standards of Title 18 are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. A. It is the further the intent of this district to: . . 1. Allow a mixture of complimentary land uses which encourages mixed-uses on individual floors including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality and to encourage the linking of trips; Foster the development of vertically oriented mixed-uses, in contrast to single use development distributed along high vehicle capacity roadways; Encourage development that exhibits the physical design characteristics of vibrant, urban, pedestrian~oriented, storefront-style shopping streets with pedestrian amenities; Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; Provide flexibility in the siting and design of new developments and redevelopment to anticipate changes in the marketplace; Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, and on~street parking; Provide roadway and pedestrian connections to residential areas; Provide transitions between high-traffic streets and adjacent residential neighborhoods; Encourage efficient land use by facilitating compact, high-density, multi-story development and minimizing the amount of land that is needed for surface parking; Facilitate development (land use mix, density and design) that supports public transit, where applicable; Provide appropriate locations and design standards for automobile and truck-dependent uses; 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Maintain mobility along traffic corridors while supporting the creation of "places" or centers which will create lasting and enduring, long-term value to the community; 13. Emphasize the need to serve the adjacent, local neighborhood and also the greater Bozeman area as well; 14. 15. Minimize parking lots through shared uses of mixed~uses; Create central urban gathering places such as community squares or plazas; and Ordinances #1681 and 1709: Effective August 3 and 15, 2007 page 19-1 B. 16. Facilitate designs of each mixed-use to help ensure long-term financial viability of each mixed-use; 17. Allow for urban oriented recreational activities consistent with the standards and intent of the district; and 18. To encourage and support the use of sustainable building practices. To accomplish the intent of the district, the UMU district should ideally be located at the intersections of major traffic corridors, that is at the intersections of two arterials, or less frequently, an arterial and a collector street. The major intersections should have or be planned to have a stop light or other active traffic control. While placement at major intersections is a necessary precondition, not all major intersections should have the UMU district adjacent to them. Additionally, placement of this district should be adjacent or near to dense residential development to enhance walking and bicycle use. . 18.19.020 AUTHORIZED USES. A. Uses in the Urban Mixed-Use district are depicted in the table below. Principal uses are indicated with a "P," conditional uses are indicated with a "C," accessory uses are indicated with an "A," and . uses which are not permitted within the district are indicated by a "-." A particular proposed development or use may fall under more than one listed category with different review processes. In such cases, the more stringent review process shall apply. B. The uses listed are deliberately broad and some are given special definitions in Chapter 18.80, BMC. The intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each proposal to be specifically addressed through the review process. Some uses are the subject of special regulations contained in Chapter 18.40, BMC C Additional uses for telecommunications are established in Chapter 18.54, BMC . D. Mixed Uses Required And Limited. 1. Development shall include a mix of uses. 2. Uses shall be grouped as commercial, industrial, offices, institutional, and residential. A combination of at least two different groups of uses shall be provided within each site plan. 3. No use !,rtoup shall exceed 70% of the total gross building floor area in the entire site development, multiple buildings may be shown on a single site plan as allowed in Chapter 18.34. 4. The ground level gross building area shall be at least 75% non-residential in use. 5. Residential uses shall be provided in all mixed-use developments, and shall occupy not less than 20% of the total gross building floor area of the district. 6. For the purposes of calculating the percentage of a use within the site development the gross square foot floor area of building for each use shall be utilized. . TABLE 19-1 TABLE OF COMMERCIAL USES AUTHORIZED USES Ambulance Service P Apartments and Apartment Buildings1 (as defined in this Title) P Arts and Entertainment Center (as defined in this Title) P Assisted Living/Elderly Care Facilities P . Ordinances # 1681 and 1709: Effective August 3 and 15, 2007 page 19-2 . . . TABLE OF COMMERCIAL USES AUTHORIZED USES Automobile Fuel Sales or Repair (as defined in this Title) C Automobile Parking Lot or Garage (public or private) P Automobile Washing Establishment C Banks and Other Financial Institutions P Business, Technical or Vocational School P Bus Terminals C Community Centers P Convenience Uses C Convenience Use Restaurant P Essential Services (Type II) C Extended~Stay Lodgings P Health and Exercise Establishments P Hospitals P Hotel or Motel P Laboratories, Research and Diab'l1ostic P Laundry, Dry Cleaning P Light Goods Repair (as defined in this Title) P Lodging Houses P Manufacturing (light and completely indoors) P Mortuary C Museum P Medical and Dental Clinics P Meeting Hall P Offices (as defined in this Title) P Other Buildings & Structures (typically accessory to permitted uses) A Parking Facilities P Personal and Convenience Services (as defined in this Title) P Pet Grooming Shop P Printing Offices and Publishing Establishments C Private Club, Fraternity, Sorority or Lodge P Public Buildings P Refuse and Recycling Containers A Research Laboratories P Restaurants P Retail Uses (as defined in this Title) p* Ordinances #1681 and 1709: Effective August 3 and 15,2007 page 19-3 TABLE OF COMMERCIAL USES AUTHORIZED USES Retail Oarge' scale) C Sales of Alcohol for On-Premise Consumption - No gaming allowed C Sib'1l Paint Shops (not including neon sign fabrication) C Upholstery Shops (excluding on site upholstery service for cars, boats, P trailers, trucks and other motorized vehicles requiring overnight storage) Veterinary Clinic P Wholesale Distributors With On-Premise Retail Outlets (providing P warehousing is limited to commodities which are sold on the premises) Wholesale Establishments (ones that use samples, but do not stock on P premises) Any Use, Except Adult Businesses and Casinos Approved as Part of a Planned Unit Development Subject to the Provisions of Chapter 18.36, C BMC Notes: *Excluding adult business, and large scale retail, as they are defined - in Chapter 18.80, BMC . 1 May be subject to the provisions of Chapter 17.02, BMC 18.19.030 LOT COVERAGE AND FLOOR AREA. A. In the UMU district, the entire lot, exclusive of the required yards and parking, may be occupied by the principal and accessory buildings. This title provides oppmtunities for parking requirements to . be met by shared and off-site parking, as allowed by Chapter 18.46, BMC B. In the UMU district, the footprint of individual buildings shall not exceed 45,000 square feet. C Minimum floor area requirements for each dwelling in all districts shall be that area required by the City's adopted International Building Code. D. All development shall provide a minimum floor area ratio of not less than 0.75. "Floor area ratio" is the ratio attained by dividing the gross square feet of building by gross land area of the lot(s) being developed. A site plan for development may show future phases of buildings to be used to demonstrate compliance with the. minimum floor area ratio standard. 18.19.040 A. LOT AREA AND WIDTH. All newly created lots shall have a minimum area adequate to provide for required yards and parking. In the UMU district there is no minimum size for newly created lots. There is no minimum width for newly created lots within the UMU district. B. 18.19.050 A. YARDS. C Minimum Yards. No minimum yards are required for the mixed-use district. Easements for utilities or other special standards may require buildings to be placed back from lot lines. Maximum Setback. Buildings shall be oriented to the adjacent street. At least 50% of the total building frontage, which is oriented to the street, shall be placed within 10 feet of any minimum required separation from the property line. Special Yard Requirements. All yards shall be subject to the provisions of ~ 18.30.060 Design Criteria and Development Standards in Entryway Corridors, ~ 18.38.060 Yard and Height Encroachments, . B. Ordinances #1681 and 1709: Effective August 3 and 15, 2007 page 19-4 . . . Limitations and Exceptions, ~ 18.42.100 Watercourse Setback, ~18.44.1 00 Street Vision Triangle, and ~18.48.100 General Maintenance, BMC, when applicable. 18.19.060 BUILDING HEIGHT. A. Minimum building height is three stories and 32 feet. To comply with this standard the space being claimed as a story must be capable of being occupied for human use and have a floor area of not less than 50% of the ground level story. B. Maximum building height, except as allowed under ~18.19.060.C, BMC for the UMU district shall be 55 feet. e. Maximum building height may be increased by up to but not more than an additional 25 feet when structured parking is provided per ~ 18.19 .070.E.2, BMC and when determined to be in compliance with the review criteria of ~ 18.34.090, BMC. 18.19.070 SPECIAL STANDARDS. A. A UMU district is anticipated to generally be not less than 20 acres in area. The City Commission may approve a lesser area of not less than 10 acres upon finding; that a smaller area will still provide for adequate transition between adjacent districts, provide a reasonable community setting for the intensity of the district, and that a smaller area will not constitute spot zoning. B. The district shall be surrounded by perimeter streets unless precluded by topography. C. All development within the Urban Mixed-Use district, regardless of location within the City, shall conform to Chapters 1 through 4 of the Design Objectives Plan established in Chapter 18.30. In the event of a conflict between the Design Objectives Plan and the standards of this chapter the standards of this chapter shall govern. D. Landscaping requirements shall be the same as the portion of the B~3 district outside the defined core area as shown in ~18.48.060, Table 48-1, BMC E. Special Parking Standards. 1. Maximum Surface Parking. a. In order to achieve the intent of the district and achieve efficiency in the use ofland, surface parking provided for the sole use of an individual development shall not exceed 100% of the minimum parking requirement for the subjectland use(s) based upon the requirements of Chapter 18.46, BM C The UMU district may utilize the parking reductions authorized in ~ 18.46.040.B.3.a, BMC In determining the 100% requirement all qualifying reductions shall be included. b. Exemptions to ~18.19.070.D.1.a, BMC to allow unstructured surface parking up to 1 aoo;!) of the minimum parking requirement exclusive of reductions may be approved through the development review process for developments that provide shared parking to other development, valet parking spaces, parking for off-site users for which an hourly or other rebyular rent is paid, or similarly managed parking facilities. Structured Parking Incentive. A floor area bonus of one square foot may be granted for each square foot of area of parking provided within a building. Additional height of building is allowed to accommodate this additional building area per ~18.19.060, BMC Bicycle Parking. Covered bicycle parking shall be provided. The covered spaces shall be at least one-half of the total minimum bicycle parking. The minimum number of covered spaces shall be the greater of either 10 bicycle parking spaces or 5% of motor vehicle parking provided on-site. 2. 3. Ordinances #1681 and 1709: Effective August 3 and 15,2007 page 19-5 E. Building Standards. 1. Transitions. Where the UMU district is adjacent to another zoning district, those buildings greater than three stories and located within 50 feet of another zoning district, not including width of streets, shall have a stepped fac;:ade on the side facing the other district. The portion of the fac;:ade in excess of three stories shall be stepped back not less than 25% of the height of the initial three stories. Where applicable, cornices (e.g., building tops, or first-story cornices) shall be aligned to generally match the height(s) of those on adjacent buildings. 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 shall have a minimum floor-to-ceiling height of 12 feet. b. All commercial floor space provided on the ground floor of a mixed-use building shall 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 50 feet of street frontage or more. . . F. Lighting. All building entrances, pathways, and other pedestrian areas shall be lit with pedestrian- scale lighting (e.g., wall mounted, sidewalk lamps, bollards, landscaping lighting, et cetera). Alternative lighting meeting the intent of the design .l:,lUidelines and other criteria of this title, may be approved through site development review. G. Natural Surveillance. The proposed site layout, building, and landscape design promote natural surveillance of the area by employees, visitors, and residents. Physical features and activities should be oriented and designed in ways that maximize the ability to see throughout the site. For example, . window placement, the use of front porches or stoops, use of low or see-through walls, and appropriate use of landscaping and lighting can promote natural surveillance. Sight-obscuring 3. In the UMU district buildings shall provide transparency along at least 50% percent of the linear length of the building's fac;:ade. This may be achieved with windows, displays, building lobbies, building entrances, display windows, or windows affording views into retail, office, or lobby spaces. This requirement shall apply to both frontages of a building located on a corner Jot. a. The bottom edge of any window or product display window used to satisfy the transparency standard of this paragraph may not be more than 4 feet above the adjacent sidewalk. b. Product display windows used to satisfy these requirements shall have a minimum height of four feet and be internally lighted. Street-level openings on parking structures shall be limited to those necessary for retail store entrances, vehicle entrance and exit Janes, and pedestrian entrances to stairs and elevator lobbies. Parking structures adjacent to streets shall 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. Parking areas may not be used to meet the frontage requirement of Section 18.19.050.B, BMC. Buildings shall be articulated with modules, architectural detailing, individual floors visually expressed in the facade, and rhythm and pattern of openings and surfaces to be human scale. 4. 5. Ordinances #1681 and] 709: Effective August 3 and 15,2007 page 19-6 . . . H. shrubs and walls should be avoided, except as necessary for buffering between commercial uses and lower density residential districts, and then shall be minimized. Public Spaces. The UMU district is urban in nature. Public parks and recreational areas are likewise expected to be urban in nature. This will include elements such as plazas or other hardscaping, landscaping with planters, furniture, developed recreation facilities such as basketball and tennis courts or indoor recreation facilities, and be more concentrated in size and development than anticipated in a less urban setting. Public spaces shall be designed to facilitate at least three distinct types of activities to encourage consistent human presence and activity. The requirements of this section shall give direction in the development of park plans and the application of the standards of Chapter 18.50, BMC. 1. Public spaces shall be designed to: a. Facilitate social interaction between and within groups; b. Provide safe, pleasant, clean and convenient sitting spaces adaptable to changing weather conditions; c. Be attractive to multiple age bl""fOUPS, d. Provide for multiple types of activities without conflicting; e. Support organized activities; f. Be visually distinctive and interesting; g. Interconnect with other public and private spaces; and h. Prioritize use by persons. Ordinances #1681 and 1709: Effective August 3 and 15, 2007 page 19-7 . . CHAPTER 18.20 INDUSTRIAL ZONING DISTRICTS 18.20.010 INTENT AND PURPOSE OF INDUSTRIAL ZONING DISTRICTS The intent and purposes of the industrial zoning districts is to establish areas within Bozeman that are primarily industrial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one industrial district is to provide opportunities for a variety of employment and community service functions within the community while providing predictability. 'there is a rebuttable presumption that the uses set forth for each district will be compatible with each other when the standards of this title are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. A. The intent of the M-l light manufacturing district is to provide for the community's needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore, some type of screening may be necessary. B. The intent of the M-2 manufacturing and industrial district is to provide for heavy manufacturing and industrial uses, servicing vocational and employment needs of Bozeman residents. C The intent of the B-P business park district is to provide for high quality settings and facilities for the development of a variety of compatible employment opportunities. These areas should be developed so as to recognize the impact on surrounding or adjacent development and contribute to the overall image of the community. Compatibility with adjacent land uses and zoning is required. 18.20.020 AUTHORIZED USES A. B. Uses in the various industrial districts are depicted in the table below. Principal uses are indicated with a "P", conditional uses are indicated with a "C", accessory uses are indicated with an "A", and uses which are not permitted with the district are indicated by a "_". A particular proposed development may fall under more than one listed category with different review processes. In such cases, the more stringent review process shall apply. The us-es listed are deliberately broad and are defined in Chapter 18'.80, BMC The intent of this method is to provide general f,ruidance for uses while allowing the unique needs and circumstances of each proposal to be specifically addressed through the review process. Some uses are the subject of special regulations contained in Chapter 18.40, BMC Additional telecommunication uses are established in Chapter 18.54, BMC Table 20-1 C Table ofIndustrial Uses Permitted Uses BP M-l M-2 Adult business1 - P1 pI Ambulance service - p p Amusement and recreational facilities - p C . Ordinance # 1709: Effective August 15, 2007. page 20-1 Table ofIndustrial Uses Permitted Uses BP M-l M-2 Animal shelters - C C Automobile, boat or recreational vehicle sales, service and/ or rental - P P Automobile fuel sale or repair, as defined in this title - P .p Automobile parking lot or garage (public or private) P/A2 PIN PIN Automobile washing establishment - P P Banks and other financial institutions C P C Community center, as defined in this title P P P Day care center C/AO C/AO C/AO Food processing facility - P P Essential services (Type I) P P P Essential services (fype II) C C P Fences A A A Health and exercise establishments C P P Hospitals P - - Hotel or motel - P P Junk salvage or automobile reduction/ salvage yards - - C Laboratories, research and diagnostic P P P Light goods repair, as defined in this title - P P Manufacturing, light p4 p4 P Manufacruring or industrial uses of all types if in compliance with all provisions of this title - - P unless otherwise stated in this section. Medical dinics P P P Offices, as defined in this title p5 P P Other buildings and structures typically accessory to permitted uses A A A Outside storage -/N PIN PIN Personal and convenience services, as defined in this title - C C Personnel service facilities providing services, education, food and convenience goods A A A primarily for those personnel employed in the principal use Production manufacturing and generation facilities (electric and gas) - - C Public buildings P P P Retail sales of goods produced or warehoused on site and related products, not to exceed A A A 20 percent of gTOSS floor area or 10,000 square feet, whichever is less Ordinance # 1709: Effective August 15, 2007. page 20-2 . . . . . . Table of Industrial Uses Permitted Uses BP M-l M~2 Residential use which is clearly accessory to the operation of a permitted principal or - A7,11 A7,11 conditional use7, 11 RestaurantS - p8 p8 Restaurants serving alcoholic beverages9 - C9 C9 Refuse and recycling containers A A A Retail establishments other than principal uses listed in this section - C C Signs 10 A A A Solid waste transfer station - - C Temporary buildings and yards incidental to on-going construction work A A A Trock, bus and rail terminal facilities - P P Truck repair, washing, and fueling facilities - C P Technology research establishments P P P Trade schools - P P Veterinary clinics P P P Warehousing - P P Warehousing, residential storage (mini warehousing) - P P Any use, except casinos and retail, large scale, approved as part of a planned unit C C C development subject to the provisions of Chapter 18.36, BMC 'Suo/eet to the requirements of $18.40, BMC. lAs required ~y this title and meeting the standards of this tit/e. 'If primarilY offering service.r to a single business or group of businesses within the same building or building complex. 'Completefy enclosed within a building. 'Professional and business offices only. 'On!y if accessory to a pn-ncipal use and if screened from the street and surrounding properties ~y a solid fence or dense planting,s at least 6feet in height. 'For the purposes of this section, accessory means less than 50 percent of gross floor area of a building, and being generallY located on the second or subsequent floor. "Occupying not more than 20 pemnt of the gross floor area of a building or 1,500 square feet. Il'hichever is less, or ocmR,Ying not more than 45 pemnt qf the grossfloor area of a food processingfacility. 9Limited to state beer and wine licenses issued since 1997, prohibiting a'!y form oj gambling and occupying not more than 45 percent of the total building area of a food procmingfacili!y. "'Sul?jeet to the requirements rifC'hapter 18.52, RMC. IIMqv be suo/ect to the prolJisions o(Chapter 17.02, BMC Ordinance # 1709: Effective August 15, 2007. page 20-3 18.20.030 LOT COVERAGE AND FLOOR AREA A. In the M-1 and M~2 districts, the entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings. This title provides opportunities for parking . requirements to be met by shared and off-site parking as allowed by Chapter 18.46, BMC. B. In the B~ P district, not more than 60 percent of the total lot area shall be occupied by impervious surfaces. The remaining 40 percent of the total lot area shall be landscaped as defined in this title. C. Minimum floor area requirements for each dwelling in all districts shall be that area required by the City's adopted International Building Code. 18.20.040 LOT AREA AND WIDTH A. All newly created lots shall have a minimum area adequate to provide for required yards and parking but in no case shall they be less than: 1. In the M -1 district - 7,500 square feet 2. In the M~2 district ~ No minimum area 3. In the B~P district - 43,560 square feet B. Lot width for all newly created lots shall not be less than: 1. In the M~l district - 75 feet 2. In the M~2 district - 100 feet 3. In the B- P district - 150 feet C. When new lots are created utilizing the modular lotting provisions of ~18.42.030, BMC, they shall be developed in combination adequate to meet the width and area requirements of this . section. 18.20.050 YARDS A. Minimum yards required for the M-1 and M-2 districts are: 1. Structures (unless otherwise permitted by this title): a. Front yard - 20 feet b. Rear yard - 3 feet c. Side yards - 3 feet (except zero lot lines as allowed by ~18.38.060, BMC) 2. Parking and loading areas: a. Front yard - 20 feet b. Rear yard - 0 feet c. Side yards - 0 feet 3. Rear and side yards adjacent to alleys shall be at least five feet. B. Minimum yards required for the B-P district are: 1. Front yard - 25 feet 2. Rear yard - 20 feet 3. Side yards - 15 feet (except zero lot lines as allowed by section ~18.38.060, BMC) 4. All yards fronting on public or private streets shall be a minimum of 25 feet. Front, rear and side yard requirements shall be increased 3 feet for each additional 5,000 square feet . Ordinance # 1709: Effective August 15,2007. page 20~4 . . . over a total gross footprint area of 25,000 square feet, up to maximum requirement of 40 feet for rear and side yards and 50 feet for front yards. 5. Rear and side yards adjacent to alleys shall be at least five feet. Al! yards shall be subject to the provisions of ~18.30.060, ~18.38.060, ~18.42.1 00, ~18.44.1 00, and ~18.48.100 BMC, when applicable. 18.20.060 BUILDING HEIGHT c. Maximum building height for each industrial district shall be as follows: A. In the M-l and M-2 districts - 45 feet B. In the B-P district: 1. Roof pitch less than 3:12 - 38 feet 2. Roof pitch 3:12 or greater - 44 feet 3. Maximum height otherwise allowed by 1 and 2 above may be increased by up to a maximum of 50 percent when the B-P zoning district is implementing a Regional Commercial and Services growth policy land use designation. 4. 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. Ordinance # 1709: Effective August 15,2007. page 20-5 . CHAPTER 18.22 PUBLIC IANDS AND INSTITUTIONS DISTRICT 1822.010 INTENT The intent of the PLI public lands and institutions district is to provide for major public and quasi- public uses outside of other districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within another district, however larger areas will be designated PLI. . 18.22.020 APPLICABILITY To the maximum extent allowed by state law, all PLI development shall be subject to review and approval as provided for by this title, based upon recommendations received from the applicable review bodies established by Chapter 18.62, BMC as may be applicable, and shall be required to comply with all applicable underlying zoning requirements, as well as any requirements for certificates of appropriateness as established in design objective plans or other overlay district regulations or guidelines. 18.22.030 AUTHORIZED USES Authorized uses in the PLI district are as follows: (Note: Additional uses for telecommunication facilities are provided for in Chapter 18.54, BMC) A. Principal uses: Ambulance service Cemeteries Essential services (Type I) Museums, zoos, historic and cultural facilities and exhibits Other public buildings, e.g., fire and police stations and municipal buildings Public and nonprofit, quasi-public institutions, e.g., universities, elementat)', junior and senior high schools and hospitals Publicly owned land used for parks, playgrounds and open space Publicly owned community centers Conditional uses: B. . Day care centers Essential services (Type II) Solid waste landfill and transfer facilities C. Accessory uses: Other buildings and structures typically accessory to permitted uses 18.22.040 LOT AREA AND WIDTH The lot area and width requirement of the PLI district is as follows: no requirement. 18.22.050 LOT COVERAGE In the PLI district, the entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings. Ordinance # 1693: Effective March 24, 2007. page 22-1 18.22.060 YARDS In the PLI district, there is no yard requirement except when a lot is adjacent to another district. The yards then shall be the same as the adjacent district. The yard requirements of RS shall be interpreted as . those of Rl. (NOTE: All yards shall be subject to the provisions of ~18.30.060, ~18.38.060, ~18.42.100 and ~18.44.100, BMC, when applicable.) . . Ordinance # 1693: Effective March 24, 2007. page 22-2 . CHAPTER 18.24 NORTHEAST HISTORIC MIXED USE DISTRICT 18.24.010 INTENT AND PURPOSE The intent of the Northeast Historic Mixed ,Use district is to provide recognition of an area that has developed with a blend of uses not commonly seen under typical zoning requirements. The unique qualities and nature of the area are not found elsewhere in Bozeman and should be preserved as a place offering additional opportunities for creative integration of land uses. The intent of this area is to allow private and case by case determination of the most appropriate use of land in a broad range of both nonresidential and residential uses. Standards for buffering between different land uses are deliberately not as high as those elsewhere in the community as it is assumed that persons choosing to locate in this area are aware of the variety of possible adjacent land uses and have accepted such possibilities as both acceptable and desirable. It is expected that the lots within this district will continue to develop under a variety of uses which may increase or decrease in scope in any given portion of the district. The clear intent of this district is to support a mix and variety of nonresidential and residential uses. Nothing in this chapter shall be interpreted to be discouraging or prejudicial to any listed use except as set forth as principal and conditional uses. 18.24.020 AUTHORIZED USES Authorized uses for the Northeast HMO district are as follows: (Note: Additional uses for telecommunication facilities are provided for in Chapter 18.54, BMC) A. Principal uses: . Those principal uses allowed in the R-2 and M-1 districts. Restaurants, 1,500 square feet or less. B. Conditional uses: Those conditional uses allowed in the R-2 and M-l districts, except adult businesses and casinos. Any use, except adult businesses, casinos and large scale retail approved as part of a planned unit development subject to the provisions of Chapter 18.36, BMe. e. Accessory uses: Those accessory uses allowed in R-2 and M-l districts. . 18.24.030 LOT AREA AND WIDTH A. Lot area for the Northeast HMO district shall not be less than 5,000 square feet, except as allowed in subsection C, and the lot area shall provide all required yard areas and off-street parking and loading B. No lot width shall be less than 50 feet except lot width for townhomes and lots or dwellings satisfying the requirements of Chapter 17.02 may be not less than 30 feet.. e. Lot area per dwelling shall 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 Chapter 17.02, BMC shall not be less than 2,700 square feet per detached single-household dwelling and 2,500 square feet per attached dwelling. D. When new lots are created utilizing the modular lotting provisions of ~18.42.030, BMC, they shall be developed in combination adequate to meet the width requirements of this section. Ordinance # 1709: Effective August 15, 2007. page 24-1 18.24.040 LOT COVERAGE AND FLOOR AREA A. In the Northeast HMU district, not more than: 1. Forty percent of the lot area shall be occupied by the principal and accessory buildings . for principally residential uses; or 2. The entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings for principally nonresidential uses. B. All dwelling units shall meet the minimum floor area requirements of the City's adopted International Building Code. 18.24.050 YARDS A. Every lot in the Northeast HMU district shaH have the following minimum yards: 1. Front yard ~ 20 feet 2. Rear yard - 3 feet, for structures only 3. Side yards - 3 feet, for structures only B. Rear or side yards adjacent to alleys shall be at least 5 feet. e. All yards shall be subject to the provisions of ~18.38.060, ~18.42.100 and ~18.44.100, BMC, when applicable. 18.24.060 BUILDING HEIGHT Maximum building height in the Northeast HMU district shall be 45 feet. 18.24.070 RESIDENTIAL GARAGES For residential uses only, attached garages shall not obscure the entrance to the dwelling. Attached garages are encouraged to be clearly subordinate to the dwelling. A subordinate garage has one or more of the foHowing characteristics: A. The principal facade of the dwelling has been emphasized through the use of architectural features such as, but not limited to, porches, fenestration treatment, architectural details, height, orientation or gables, so that the non-garage portion of the residence is visually dominant; B. The facade with the garage vehicle entrance(s) is recessed at least 4 feet behind the facade of the dwelling containing the main entry; and/ or C. The area of the garage vehicle door(s) comprise 20 percent or less of the total square footage, exclusive of any exposed roof areas, of the principal facade of the dwelling. Alternative means of addressing the intent of this section wilJ be considered. Detached garages are encouraged. Vehicular garage access on non-principal facades and/or alleys is also encouraged. . 18.24.080 SPECIAL STANDARDS AND REQUIREMENTS A. c. The requirements for landscape buffering for residential adjacency required by Chapter 18.48, BMC are not applicable in the Northeast HMU. All necessary screening or other buffering that is determined to be necessary between adjoining uses shall be the responsibility of the use that is established last in time. When a lot is adjacent to or across the street from a residential zoning district, the yard requirements shaH be the same as the adjoining zone and buildings shall be screened with either a decorative fence or plantings. The provisions of R-S shall be interpreted as those of R-1. . B. Ordinance # 1709: Effective August 15, 2007. page 24-2 . rnAPTER 18.26 REQUIREMENTS FOR CREATION OF A HISTORIC MIXED USE DISTRICT 18.26.010 DESCRIPTION AND PURPOSE Due to historical development patterns, certain areas of the aty are characterized by a mixture of uses such as residential and commercial uses, or residential and industrial uses, which are normally segregated under standard zoning districts. In some instances, provisions for a continuation of a mixture of uses will serve both the public interest and allow a more equitable balancing of private interests than would the utilization of a standard zoning district. Because of the variety of circumstances which exist in different areas of the City, and the different treatment accorded those areas in the growth policy, it is not possible to establish a zoning district with uniform listing of uses and standards which is applicable to all such areas. Therefore, the historic mixed use (HMU) district is intended to provide procedures and criteria for recognition of such areas and for the development of standards governing each application of the district to a particular area. It is further intended that the HMO district will be very selectively used and shall not be used as a mechanism to discourage development of any permitted use within the district. 18.26.020 CRITERIA FOR ESTABLISHMENT OF THE HISTORIC MIXED USE DISTRICT Before any area is designated as a HMO district, the City Commission shall make affirmative findings that: . A The area to be classified as a HMO district includes the approximate equivalent of at least one standard City block of 300 feet by 300 feet, not held in single ownership unless developed over time while held in multiple ownership; B. A special study of the area has been completed showing how the proposed historic mixed use district would be integrated with the surrounding area consistent with the objectives of the growth policy and other applicable policies adopted by the City; C. At least 50 percent of the lots to be classified as an historic mixed use district are already developed with structures; D. The existing development has occurred over a period of years and is characterized by a mixture of uses not permissible under a single zoning classification and includes a representative sampling of uses in the immediate area; E. None of the standard zoning districts are capable of, or suitable for, promoting the objectives of the growth policy applicable to preexisting nonconforming uses; F. The uses to be permitted within the HMO district will be compatible with one another and will provide a functional and healthful environment; and G. The uses to be permitted and the development standards to be applied in the proposed district will promote the objectives of the growth policy and other applicable policies adopted by the City. 18.26.030 HISTORIC MIXED USE DISTRICT ELEMENTS Because the HMU district is designed to be applied to diverse situations, the specific mixture of uses . permitted and the development standards required will have to be specified for each application of the district to a particular area. Therefore, the ordinance applying the HMO district to a specific area shall contain the following elements: 26-1 A description and purpose section setting forth the specific purposes the district is intended to accomplish in the particular situation; A use section setting forth the activities or categories of activities to be pennitted, or the perfoqnance standards to be used in evaluating specific activities. 1bis section shall govern the uses within a particular HMO district; and A standards section setting forth general development standards governing parking, lot coverage, setbacks, height limitations and other factors which are either different than or supplemental to the nonnal standards of this title. Exemption. When an area has been classified as an HMO district, the general building and development standards set forth in this title shall govern. However, if the special development standards set forth under ~18.26.030.C of this chapter are more restrictive than the general development standards, the special development standards set forth under ~18.26.030.C shall prevail. 18.26.040 INITIATION, PROCEDURES AND NOTICE Application for HMO district designation shall be administered under the provisions established in Chapters 18.68 and 18.70, BMC, Text Amendments and Zone Map Amendments. A B. c D. 26-2 . . . . . . CHAPTER 18.28 NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT 18.28.010 INTENT AND PURPOSE A. B. C. All new construction, alterations to existing structures, movement of structures into or out of the neighborhood conservation overlay district, hereinafter referred to as the conservation district, or demolition of structures by any means or process will be subject to design review. The recommendations of the Design Review Board or Administrative Design Review staff shall be given careful consideration in the final action of the Planning Director or City Commission. This chapter defines and sets forth standards which apply to the conservation district. The intent and purpose of the conservation district designation is to stimulate the restoration and rehabilitation of structures, and all other elements contributing to the character and fabric of established residential neighborhoods and commercial or industrial areas. New construction will be invited and encouraged provided primary emphasis is given to the preservation of existing buildings and further provided the design of such new space enhances and contributes to the aesthetic character and function of the property and the surrounding neighborhood or area. Contemporary design will be encouraged, provided it is in keeping with the above-stated criteria, as an acknowledged fact of the continuing developmental pattern of a dynamic, changing community. The neighboring community shall be provided notice and opportunity to comment upon the proposed property improvements in accordance with Chapter 18.76, BMC. In addition, aggrieved persons shall have the right to appeal any design review decision made under the provisions of this chapter, in accordance with Chapter 18.66, BMC. In view of the fact that most of the area included within the boundaries of the conservation district was developed and built out prior to the adoption of zoning and contemporary subdivision regulations, the construction, development pattern and range of uses is highly diverse and frequently not in compliance with conventional regulatory requirements. This chapter recognizes that this diversity is a major contributing element of the historic character of these neighborhoods or areas. The provisions of this chapter shall be applied in a manner that will encourage the protection and enhancement of the many diverse features for future generations. The conservation district boundary is largely coterminous with the area surveyed in the effort that led to the listing of nine historic districts and 40 additional landmark structures in the National Register of Historic Places, and includes the nine designated historic districts and 40 individual landmarks. This chapter sets forth the means of protecting and enhancing the conservation district. D. E. F. It is further the purpose of the conservation district designation to protect and enhance neighborhoods or areas of significant land planning or architectural character, historic landmarks or other built or natural features for the educational, cultural, economic benefit or enjoyment of Bozeman citiZens. It will be the policy and responsibility of the administrative entities of this chapter to: 1. Protect, preserve, enhance and regulate structures, archaeological or cultural sites, and areas that: a. Are reminders of past eras, events or persons important in local, state or national history; Provide significant examples of land planning or architectural styles, or are landmarks in the history of land planning and architecture; b. Ordinance # 1709: Effective August 15, 2007. page 28-1 c. Are unique or irreplaceable assets to the City and its neighborhoods; d. Provide examples of physical surroundings in which past generations lived; or e. Represent and express the unique characteristics of small agricultural-based, western city developmental patterns; 2. Enhance property values through the stabilization of neighborhoods and areas of the City, increase economic and financial benefits to the City and its inhabitants, and promote tourist trade and interests; 3. Develop and maintain the appropriate environment for buildings, structures, sites and areas, that reflect varied planning and architectural styles and distinguished phases of Bozeman's history and prehistory; 4. Stimulate an enhancement of human life by developing educational and cultural dimensions, which foster the knowledge of Bozeman's heritage, and cultivate civic pride in the accomplishments of the past; 5. Seek to maintain and enhance the many private and public elements that are unique to the fabric, theme and character of each neighborhood and area, including but not limited to: lighting, pathways, street trees, natural areas and other features that may, from time to time, be identified by the citizens and property owners of neighborhoods, areas and subsections thereof; and 6. Provide the neighboring community with notice and opportunity to comment upon the proposed property improvements in accordance with Chapter 18.76, BMC, with the exception of certain sketch plan applications with potentially little neighborhood impact, and to further provide aggrieved persons with the right to appeal review decisions made under the provisions of this chapter, in accordance with Chapter 18.66, BMC. . 18.28.020 DESIGN REVIEW BOARD AND ADMINISTRATIVE DESIGN REVIEW STAFF POWERS AND DUTIES WITHIN CONSERVATION DISTRICTS . It is intended that the Design Review Board and Administrative Design Review staff will review and make recommendations to the City Commission or Planning Director regarding development within the neighborhood conservation district in order to maintain the underlying and desirable characteristics of structures and areas within such districts, while recognizing the need for innovation and individual expression in the development of these districts. In carrying out this mission, in addition to the duties established in Chapter 18.62, BMC, the Design Review Board and Administrative Design Review staff shall have the duty to review any tax abatement or other incentive programs being considered by the City Commission that are designed to stimulate preservation and rehabilitation of structures and properties, and to review any proposed action or development utilizing these ahatement or incentive programs. 18.28.030 CONSERVATION DISTRICT DESIGNATION OR RECISION A site, structure, object, area or district may he designated or rescinded as a landmark, or added to or removed from the conservation district by the City Commission upon recommendation of the Historic Preservation Advisory Board subject to the provisions of Chapter 2.80, BMC, Historic Preservation Advisory Board, and Chapters 18.68 and 18.70, BMC, Text Amendments and Zoning Map Amendments. Property owner concurrence is necessary for the desib'Tlation or recision of landmark status. 18.28.040 CERTIFICATE OF APPROPRIATENESS . A certificate of appropriateness, received from either the Planning Director or the City Commission after recommendation by the Administrative Desib'Tl Review staff or Desib'Tl Review Board, shall he Ordinance # 1709: Effective August 15,2007. page 28-2 . . . required before any and all alteration(s) other than repair as defined in Chapter 18.80, are undertaken upon any structure in the conservation district. For alterations not requiring City Commission approval, compliance with the Planning Director's decisions will be mandatory subject to appeal to the City Commission as set forth in Chapter 18.66, BMC. Application procedures are as follows: A. No building, demolition, conditional use, sign or moving permit shall be issued within the conservation district until a certificate of appropriateness has been issued by the appropriate review authority, and until final action on the proposal has been taken. B. Application, review and public notice procedures for proposals located within the conservation district are set forth in Chapter 18.34, BMC, Review Procedures for Site Development, Chapter 18.62, BMC, Development Review Committee, Design Review Board, Administrative Design Review and Wetlands Review Board and Chapter 18.76, BMC, Noticing. If the demolition' or movement of structures or sites subject to the conservation district requirements is proposed, the procedures in S 18.28.080, BMC shall apply. C. A denial of a certificate of appropriateness shall be accompanied by a written statement of reasons for the denial. D. The architectural designs of individual workforce housing units used to satisfy the requirements of Section 17.02.030, BMC and meeting the requirements of Section 17.02.060.A.13, BMC are exempt from the review requirements of this chapter. This exemption does not extend to removal or alterations of existing structures. 18.'28.050 STANDARDS FOR CERTIFICATES OF APPROPRIATENESS A. All work performed in completion of an approved certificate of appropriateness shall be in conformance with the most recent edition of the Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (published 1995), published by U.S. Department of the lnterior, National Park Service, Cultural Resource Stewardship and Partnerships, Heritage Preservation Services, Washington, D.C. (available for review at the Planning Department). Architectural appearance design guidelines used to consider the appropriateness and compatibility of proposed alterations with original design features of subject structures, or properties and with neighboring structures and properties, shall focus upon the following: 1. Height; 2. Proportions of doors and windows; 3. Relationship of building masses and spaces; 4. Roof shape; 5. Scale; 6. Directional expression, with regard to the dominant horizontal or vertical expression of surrounding structures; Architectural details; B. 7. 8. 9. Concealment of nonperiod appurtenances, such as mechanical equipment; and Materials and color schemes (any requirements or conditions imposed regarding color schemes shall be limited to the prevention of nuisances upon abutting properties and prevention of degradation of features on the property in question. Color schemes may be considered as primary design elements if a deviation from the underlying zoning is requested). Ordinance # 1709: Effective August 15,2007. page 28-3 C. Contemporary, nonperiod and innovative design of new structures and additions to eXlstlng structures shall be encouraged when such new construction or additions do not destroy significant historical, cultural or architectural structures or their components and when such . design is compatible with the foregoing elements of the structure and surrounding structures. D. When applying the standards of subsections A-C, the review authority shall be guided by the Design Guidelines for the Neighborhood Conservation Overlay District which are hereby incorporated by this reference. When reviewing a contemporary, non-period, or innovative design of new structures or addition to existing structure, the review authority shall be b'1lided by the Design Guidelines for the Neighborhood Conservation Overlay District to determine whether the proposal is compatible with any existing or surrounding structures. E. Conformance with other applicable development standards of this title. 18.28.060 APPLICATION REQUIREMENTS FOR CERTIFICATES OF APPROPRIATENESS IN CONSERVATION DISTRICTS Applications for certificates of appropriateness shall be made in conjunction with applications for'"site plan approval in accordance with Chapter 18.34, BMC of this title. Where development projects in the conservation district require only sketch plan review as per Chapter 18.34, BMC (i.e. single-household, two-household, three-household and four-household residential structures, each on individual lots; signs; fences; property alterations; and certain amendments to site plans), applications for certificates of appropriateness shall be made on a form provided by the Planning Department, and shall include the information and material as set forth in Chapter 18.78, BMC. 18.28.070 DEVIATIONS FROM UNDERLYING ZONING REQUIREMENTS Because the development of much of historic Bozeman preceded zoning, subdivision and construction regulations, many buildings within the conservation district do not conform to contemporary zoning . standards. In order to encourage restoration and rehabilitation activity that would contribute to the overall historic character of the community, deviations from underlying zoning requirements may be granted by the City Commission after considering the recommendations of the Design Review Board or Administrative Design Review staff. The criteria for granting deviations from the underlying zoning requirements are: A. Modifications shall be more historically appropriate for the building and site in question and the adjacent properties, as determined by the standards in 918.28.050 of this chapter, than would be achieved under a literal enforcement of this title; B. Modifications will have minimal adverse effect on abutting properties or the permitted uses thereof; and C. Modifications shall assure the protection of the public health, safety and general welfare. Approvals may be conditioned to assure such protection, and such conditions may include a time period within which alterations will be completed; landscaping and maintenance thereof; architectural, site plan and landscape design modifications; or any other conditions in conformity with the intent and purpose set forth in this chapter. 18.28.080 DEMOLITION OR MOVEMENT OF STRUCTURES OR SITES WITHIN THE CONSERVATION DISTRICT The demolition or movement of any structure or site within the conservation district shall be subject to the provisions of this chapter and section. The review procedures and criteria for the demolition or movement of any structure or site within the conservation district are as follows: A. Applications for the demolition or movement of structures within the conservation district will not be accepted without a complete submittal for the subsequent development or treatment of . Ordinance # 1709: Effective August 15, 2007. page 28-4 . . . B. the site after the demolition or movement has occurred. The subsequent development or treatment must be approved before a demolition or moving permit may be issued. The demolition or movement of conservation district principal and accessory structures or sites, which are desib'Tlated as intrusive or neutral elements by the Montana Historical and Architectural Inventory, and are not within recognized historic districts or in other ways listed on the National Register of Historic Places, shall be subject to approval by the Planning Director after review and recommendation of Administrative Design Review staff or Design Review Board as per Chapters 18.34 and 18.62, BMC, and the standards outlined in 918.28.050, BMC. The Montana Historical and Architectural Inventory Form shall be reviewed and, if necessary, updated by the Historic Preservation Planner to reflect current conditions on the site, prior to the review of the demolition or movement proposal. The final approval authority for the demolition or movement of structures or sites described within this section shall rest with the City Commission when proposed in conjunction with a deviation, variance, conditional use permit or planned unit development application. The demolition or movement of conservation district principal and accessory structures or sites, which are designated as contributing elements by the Montana Historical and Architectural Inventory, and all properties within historic districts 'and all landmarks, shall be subject to approval by the City Commission, through a public hearing. Notice of the public hearing hefore the City Commission shall be provided in accordance with Chapter 18.76, BMC. Prior to holding the public hearing, the City Commission shall receive a recommendation from Administrative Desib'Tl Review staff and the Design Review Board. The Montana Historical and Architectural Inventory Form shall be reviewed and, if necessary, updated by the Historic Preservation Planner to reflect current conditions on the site, prior to the review of the demolition or movement proposal. The final approval authority for the demolition or movement of structures or sites described within this section shall rest with the City Commission. c. D. The City Commission shall base its decision on the following: 1. The standards in 918.28.050, BMC and the architectural, social, cultural and historical importance of the structure or site and their relationship to the district as determined by the State Historic Preservation Office and the Planning Department. 2. If the Commission finds that the criteria of this section are not satisfied, then, before approving an application to demolish or remove, the Commission must find that at least one of the following factors apply based on definitive evidence supplied by the applicant, including structural analysis and cost estimates indicating the costs of repair andlor rehabilitation versus the costs of demolition and redevelopment: a. The structure or site is a threat to public health or safety, and that no reasonable repairs or alterations will remove such threat; any costs associated with the removal of health or safety threats must exceed the value of the structure. b. The structure or site has no viable economic or useful life remaining. If an application for demolition or moving is denied, issuance of a demolition or moving permit shall be stayed for a period of two years from the date of the final decision in order to allow the applicant and City to explore alternatives to the demolition or move, including but not limited to, the use of tax credits or adaptive reuse. The two year stay may be terminated at any point in time if an alternate proposal is approved or if sufficient additional evidence is presented to otherwise satisfy the requirements of subsection B or C of this section. Ordinance # 1709: Effective August 15, 2007. page 28-5 E. All structures or sites approved for demolition or moving shall be fully documented in a manner acceptable to the Historic Preservation Planner and Administrative Design Review staff prior to the issuance of demolition or moving permits. . In addition to the remedies in Chapter 18.64, BMC, the owner of any structure or site that is demolished or moved contrary to the provisions of this section, and any contractor performing such work, may be required to reconstruct such structure or site in a design and manner identical to its condition prior to such illegal demolition or move, and in conformance with all applicable codes and regulations. F. 18.28.090 APPEALS Aggrieved persons, as defined in Chapter 18.80, BMC, may appeal the decision of the Planning Director or City Commission pursuant to the provisions of Chapter 18.66, BMC. In such event, the issuance of a certificate shall be stayed until the appeal process has been satisfied. . . Ordinance # 1709: Effective August 15, 2007. page 28-6 . CHAPTER 18.30 BOZEMAN ENTRYWAY CORRIDOR OVERLAY DISTRICT 18.30.010 TITLE These ret,'1llations shall be known as the Bozeman entryv.ray corridor overlay district regulations and may be cited as the entryv.ray corridor regulations. 18.30.020 INTENT AND PURPOSE A. There are several arterial corridors entering Bozeman that introduce visitors and residents alike to Bozeman. The visual attributes of these roadways provide a lasting impression of the character of Bozeman. It is the intent and purpose of this chapter to ensure that the quality of development along these corridors will enhance the impression and enjoyment of the community both by guiding development and change that occurs after the adoption of the ordinance codified in this title, and by stimulating and assisting, in conjunction with other provisions of this title, improvements in signage, landscaping, access and other contributing elements of entry corridor appearance and function. B. It is the intent of this chapter to establish design criteria, standards and review procedures that will allow the City and its advisory boards and agencies to review and direct, in a fair and equitable manner, the development and redevelopment of future and existing properties and facilities within the entry corridors. The recommendations of the Design Review Board or Administrative Design Review staff shall be gjven careful consideration in the final action of the Planning Director or the City Commission. . B. 18.30.030 APPLICATION OF ENTRYWAY CORRIDOR PROVISIONS Entryway corridors shall be designated on the City's Official Zoning Map. The provlslOns of this chapter shall be applied in addition to any other applicable regulations of this title. Specifically, these provisions shall be applied to all developments within such corridors as follows: A. Class 1. All development wholly or partially within 660 feet of the centerline of the following roadways: 1. Interstate 90, within or adjacent to the Bozeman City boundaries, measured from the centerline of the outside lanes of the opposing roadways and from the centerline of the access ramps; 2. Interstate 90 frontage roads, within the Bozeman City boundaries, whether or not they are desit,'TIated frontage roads; 3. U.S. 10, from the Interstate 90/North Seventh Avenue interchange west to the Bozeman City boundaries; 4. U.S. 191, west from Ferguson Road to the Bozeman City boundaries; 5. Nineteenth Avenue, north from Durston Road to the North 19th Avenue/Interstate 90 interchange, exclusive of the east side between Durston Road and the south boundary of Covered Wagon Mobile Home Park; and 6. Oak Street, west from North Seventh Avenue to North Nineteenth Avenue. Class n. All development wholly or partially within the lesser of one city block or 330 feet of the centerline of the following roadways, with the exception of residentially zoned lots (no exception for R-O district) that have no frontage upon said roadways: 1. Seventh Avenue, south from the Interstate 90 interchange to Main Street; . Ordinance # 1709: Effective August 15, 2007. 30-1 2. Nineteenth Avenue, south from Durston Road to the Bozeman City boundary, and the east side of Nineteenth Avenue, between the south boundary of Covered Wagon Mobile . Home Park and Durston Road; 3. Main Street, east from Broadway to Interstate 90; 4. Main Street, west from Seventh Avenue to Ferguson Road; 5. Rouse Avenue and State Primary 86 (Bridger Canyon Road) from Tamarack north and east to the Bozeman City boundary; 6. Oak Street, west from Nineteenth A venue to the east edge of Rose Park; and 7. Oak Street, east from Seventh Avenue to Rouse Avenue. 18.30.040 DESIGN REVIEW BOARD AND ADMINISTRATIVE DESIGN REVIEW STAFF POWERS AND DUTIES WITHIN ENTRYWAY CORRIDORS The Design Review Board and Administrative Design Review staff shall have the duties and powers established by Chapter 18.62, BMC, within entryway corridors: 18.30.050 CERTIFICATE OF APPROPRIATENESS A certificate of appropriateness, received from either the Planning Director or the City Commission after recommendation by the Administrative Design Review staff or Design Review Board, shall be required before any and all alteration(s), other than repair as defined in Chapter 18.80, BMC, are undertaken upon any structure in the entryway corridor. For alterations not requiring City Commission approval, compliance with the Planning Director's decisions will be mandatory subject to appeal to the City Commission as set forth in Chapter 18.66, BMC. Application procedures are as follows: A. No building, demolition, sign (if a deviation is requested), conditional use permit or moving . permit shall be issued within an entryway corridor until a certificate of appropriateness has been issued by the appropriate review authority and until final action on the proposal has been taken. B. Application, review and public notice procedures for proposals located within entryway corridors are set forth in Chapter 18.34, BMC, Review Procedures for Site Development; Chapter 18.62, BMC, Development Review Committee, Design Review Board, Administrative Design Review Staff and Wetlands Review Board; and Chapter 18.76, BMC, Noticing. C. A denial of a certificate shall be accompanied by a written statement of reasons for the denial. 18.30.060 DESIGN CRITERIA AND DEVELOPMENT STANDARDS IN ENTRYWAY CORRIDORS In addition to the standards of Chapter 18.34, the following general design criteria and development standards shall apply to all development occurring within the areas described in ~18.30.030, BMC, above: A. B. The proposed development shall also comply with all applicable design standards and guidelines, including the Design Objectives Plan for entryway corridors. Setback. Parking. Building and Landscape Standards. The setback from any entryway corridor roadway right-of-way shall be landscaped, including the screening or buffering of parking areas, through the use of berms, depressed parking, native landscape materials surrounding and within parking areas, or other means in order to preserve the area's natural views. In addition to the qualitarjve desibl11 standards and guidelines in the Design Objectives Plan for entryway corridors, parking areas and buildings shall: 1. Be set back at least 50 feet from any Class I entryway corridor roadway right-of~way, or . Ordinance # 1709: Effective August 15, 2007. 30-2 . . . 2. Be set back at least 25 feet from any Class II entryway corridor roadway right-of-way. 18.30.070 APPLICATION REQUIREMENTS FOR APPROPRIATENESS IN ENTRYWAY CORRIDOR CERTIFICATES OF A. Applications for certificates of appropriateness shall be made in conjunction with applications for site plan approval, in accordance with Chapter 18.34, BMC. B. Where development projects in the entryway corridor require only sketch plan review as per Chapter 18.34, BMC (e.g. single~household, two-household, three-household and four- household residential structures, each on individual lots; signs; fences; property alterations; and certain amendments to site plans), applications for certificates of appropriateness shall be made in conjunction with an application for sketch plan review on a form provided by the Planning Department, and shall include the information and material as set forth in Chapter 18.78, BMC. C. The architectural designs of individual workforce housing units used to satisfy the requirements of Section 17.02.030, BMC and meeting the requirements of Section p.02.060.a.13, BMC are exempt from the review requirements of this chapter. This exemption does not extend to removal or alterations of existing structures. 18.30.080 DEVIATION FROM REQUIREMENTS UNDERLYING ZONING OVERLAY OR A. To accomplish the intent and purpose of this chapter it may be necessary to deviate from the strict application of the overlay or underlying :wning requirements. Deviations from the underlying zoning requirements may be granted by the City Commission after considering the recommendations of the Design Review Board or Administrative Design Review staff. The application for deviation shall be subject to the submittal and procedural requirements of Chapters 18.34 and 18.78, BMC . The application shall be accompanied by written and b'Taphic material sufficient to illustrate the initial and final conditions that the modified standards will produce. The City Commission shall make a determination that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards, and which will be consistent with the intent and purpose of this chapter, and with the adopted Desib>11 Objectives Plan for the particular entryway corridor. Upon such a finding, the City Commission may authorize deviations of up to 20 percent beyond or below minimum or maximum standards respectively, as established in the underlying zoning district regulations. If the City Commission does not find that the proposed modified standards create an environment, landscape quality and character superior to that produced by the existing standards, and which will be consistent with the intent and purpose of this chapter, and with the adopted Design Objectives Plan for the particular entryway corridor, no deviation shall be granted. B. 18.30.090 APPEALS Agb'Tieved person, as defined in Chapter 18.80, BMC, may appeal the decision of the Planning Director or Ciry Commission pursuant to the provision of Chapter 18.66, BMC. In such event, the issuance of a certificate shall be stayed until the appeal process has been completed. Ordinance # 1709: Effective August 15, 2007. 30-3 . a-IAPTER 18.32 CASINO OVERLAY DISTRICf 18.32.010 INTENT The intent of the casino overlay district is to provide suitable locations for casinos, as defined in this title, based on review for impacts to neighboring uses and to minimize adverse effects on the community in the best interests of the public health, safety and general welfare. 18.32.020 APPLICATION FOR ZONING DESIGNATION Any person wishing to establish a casino must make application as per Ompter 18.70, BMC, Zoning Map Amendments, for a casino overlay district. .c 18.32.030 AUTHORIZED USES Authorized uses in the casino overlay district are as follows: A Principal uses: 1. All principal uses permitted in the M-1 district if the underlying zoning is M-1 2. All principal uses permitted in the M- 2 district if the underlying zoning is M- 2 B. Conditional uses: 1. Casinos 2. All conditional uses permitted in the M-1 district if the underlying zoning is M-1 3. All conditional uses permitted in the M- 2 district if the underlying zoning is M- 2 Accessory uses: 1. All accessory uses permitted in the M-1 district if the underlying zoning is M-1 2. All accessory uses permitted in the M-2 district if the underlying zoning is M-2 18.32.040 RESTRICTIONS A Casino overlay districts shall be permissible zoning only in areas zoned M-1, Light Manufacturing District, or M- 2, Manufacturing and Industrial District. B. Casino overlay districts shall not be located within an entryway corridor overlay district except for the Interstate 90 entryway overlay corridor. Casino overlay districts shall not be located in areas where the Interstate 90 entryway corridor overlaps other entryway corridor overlay districts . C Casino overlay district lots shall not be located within 600 feet, in any direction, of lots used for schools, churches, residences, public parks or other casinos. D. Sale for on-premise consumption of beer, wine and liquor is permissible only for casino and restaurant establishments. E. Casinos granted approval for sales for on-premise conswnption of alcohol may not also sell automotive fuels. 18.32.050 LOT AREA AND WIDTH There shall be no minimum lot area, however no lot width shall be less than 100 feet and the lot area shall be sufficient to provide all required yard areas and off-street parking. . 32-1 18.32.060 LOT COVERAGE The entire lot, exclusive of required yards, landscaping and parking may be occupied by the principal . and accessory buildings. 18.32.070 YARDS Every lot within a casino overlay district shall have the following minimum yards: A Front yard - 25 feet B. Rear yard - 10 feet C Side yards - 8 feet each side (Note: All y.;.rds shall be subject to the provisions of ~18.30.060, ~18.42.100 and ~18.44.100, BMC, when applicable.) 18.32.080 BUILDING HEIGHT Maximum building height in a casino overlay district shall be: A Roof pitches of less than 3:12 - 32 feet B. Roof pitches of 3:12 or greater - 38 feet . . 32-2 Conditional Uses. Certain uses, while generally not suitable in a particular zoning district, may, under certain circumstances, be acceptable. When such circumstances can be demonstrated by the applicant to exist, a conditional use permit may be granted by the Board of .Adjustment. Conditions may be applied to the issuance of the permit and periodic review may be required. No conditional use permit shall be granted for a use which is not specifically designated as a conditional use in this title. .Approval shall be granted for a particular use and not for a particular person or firm. This chapter is provided to meet the purposes of ~18.02.040, BMC and all other relevant portions of this title. Applications subject to this chapter shall be reviewed under the authority established by Chapter 18.64, BMC 18.34.020 CLASSIFICATION OF SITE PLANS A. .All developments within the City, except individual single-household, two-household, three- household and four-household residential structures, each on individual lots, and other development proposals specifically identified as requiring only sketch plan review, shall be subject to site plan review procedures and criteria of this chapter and the applicable submittal requirements of Chapter 18.78, BMC For the purposes of this title, site plans will be classified as either a master site plan or a site plan. B. A master site plan is a generalized development plan that establishes building envelopes and overall entitlements for complex, large-scale projects that will require multiple years to reach completion. Use of a master site plan is an option and not required. A master site plan involves one or more of the following: 1. One hundred or more dwelling units in a multiple household structure or structures; 2. Fifty thousand or more square feet of office space, retail commercial space, service commercial space or industrial space; 3. Multiple buildings located on multiple contiguous lots andlor contiguous City blocks; 4. Multiple owners; . . E. F. . CHAPTER 18.34 SITE PLAN REVIEW 18.34.010 INTRODUCTION A. B. .All non-subdivision development proposals within the City will be subject to plan review and approval. Depending on the complexity of development and status of proposed use in the applicable zoning district, either sketch plans, site plans or conditional use permits will be required as specified in this chapter. Special development proposals (e.g., PUDs, CUPs, variances, etc.) require other information to be submitted in conjunction with sketth plans or site plans and are subject to requirements specific to the type of proposal. These additional submittal requirements and review procedures are outlined in ~18.34.030, BMC When a development is proposed within a neighborhood conservation or entryway corridor overlay district, or proposes signs which do not specifically conform to the requirements of this title, design review is required in conjunction with either sketch plan or site plan review. In such cases, additional submittal requirements and review procedures apply as outlined in ~18.78.090, BMC. c. D. G. Ordinance # 1709: Effective August 15, 2007. page 34-1 C 5. Development phasing projected to extend beyond two years; or 6. Parking for more than two~hundred vehicles. Any planned unit development shall be reviewed according to the regulations in Chapter 18.36, BMC, in addition to this chapter. Telecommunication facilities shall be reviewed according to the regulations in Chapter 18.54, BMC, in addition to this chapter. Uses identified in Chapter 18.40, BMC shall be reviewed according to the standards and regulations contained in Chapter 18.40, BMC, in addition to this chapter . D. E. 18.34.030 SPECIAL DEVELOPMENT PROPOSALS, - ADDITIONAL APPLICATION REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA A. Application Requirements. Applications for special development proposals (e.g. PUD, CUP, flood plain development permits, variances, etc.) shall include: 1. The required information for site plans described in ~18.78.080, BMC; 2. Any additional application information required for specific reviews as listed In the following chapters of this title: a. ~18.36, Planned Unit Development; b. ~18.40, Standards for Specific Uses; c. ~18.54, Telecommunications; d. ~18.58, Bozeman Floodplain Regulations; and e. ~18.66, Appeals, Deviations and Variance Procedures; B. Review Procedures and Review Criteria. Additional review procedures and review criteria for . specific development proposals are defined in the following chapters of this title: 1. ~ 18.34.100, Conditional Use Procedure; 2. ~18.36, Planned Unit Development; 3. ~ 18.40, Standards for Specific Uses; 4. ~18.54, Telecommunications; 5. ~18.58, Bozeman Floodplain Regulations; and 6. ~ 18.66, Appeals, Deviations and Variance Procedures. 18.34.040 REVIEW AUTHORIIT A. The City Commission, Board of Adjustment and Planning Director have the review authority established in ~18.64.010, BMC B. The Development Review Committee, Design Review Board, Administrative Design Review Staff, and Wetlands Review Board have the review authority established in Chapter 18.62, BMC C. Site Plan Design Review Thresholds. When a development is subject to design review and meets one or more of the following thresholds the Design Review Board shall have responsibility for conducting the design review. 1. Twenty or more dwelling units in a multiple household structure or structures; 2. Thirty thousand or more square feet of office space, retail commercial space, servICe commercial space or industrial space; . Ordinance # 1709: Effective August 15, 2007. page 34-2 3. More than two buildings on one site for permitted office uses, permitted retail commercial uses, permitted service commercial uses, permitted industrial uses or permitted combinations of uses; Twenty thousand or more square feet of exterior storage of materials or goods; or Parking for more than sixty vehicles. . 4. 5. . 18.34.050 SKETCH PLAN REVIEW A. Sketch Plan Submittal Requirements. 1. Certain independent development proposals (i.e., not in conjunction with other development) are required to submit only sketch plans meeting the requirements of ~18.78.110, BMC. 2. Separate construction plans are necessary for building permits when the proposal requires such permits. Additional information is also necessary when the proposal requires the issuance of a certificate of appropriateness (see ~18.34.110 and ~18.78.090, BMC). 3. Examples of independent projects which qualify for sketch plan review are: individual single-household, two-household, three-household, and four-household residential units, each on individual lots; accessory dwelling units in the R-2, R-3 and R-4 districts; manufactured homes on individual lots; fences; signs in compliance with the requirements of this title; regulated activities in areas with regulated wetlands not in conjunction with a land development proposal; special temporary uses; and accessory structures associated with these uses. Other similar projects may be determined by the Planning Director to require only sketch plan review. The Planning Director shall determine all submittal requirements. Sketch Plan Review Procedures. B. 1. No Certificate of Appropriateness Required. Sketch plans for projects which do not require a certificate of appropriateness shall be submitted to the Planning Department staff for a determination of compliance with the requirements of this title. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. 2. Certificate of Appropriateness Required. Sketch plans, including the material required by ~18.78.090, BMC, and such additional information as may be required for projects which require a certificate of appropriateness as per ~ 18.34.110, BM C shall be submitted to the ADR staff, who shall review the proposal for compliance with this title, including compliance with the applicable overlay district requirements. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. Review and approval authority for sketch plans that require certificates of appropriateness shall rest with the DRB if the ADR staff consists of less than two members. C. Sketch Plan Review Criteria. Sketch plans shall be reviewed for compliance with all applicable requirements of this title including overlay district requirements and the cessation of any current violations of this title, exclusive of any legal nonconforming conditions. . 18.34.060 APPLICATION OF SITE PLAN REVIEW PROCEDURES A. These procedures shall apply to all developments within the City except for development proposals specified as requiring only sketch plan review. Ordinance # 1709: Effective August 15, 2007. page 34- 3 B. The preliminary site plan shall be submitted and approved, and final site plan approval received, prior to the issuance of any building permit. C. No occupancy permits shall be issued for any development for which site plan review is required . until certification has been provided demonstrating that all terms and conditions of site plan. approval have been complied with. D. Unless a deviation or variance is explicitly sought and granted in association with a site plan, all standards of this title apply whether explicitly mentioned in the record of the review or not. An omission or oversight of a nonconformity with the standards of this title in the site plan shall not constitute approval of such nonconformance. Any nonconformance which was not the subject of an explicitly approved deviation or variance may be required to be cured at such time the City becomes aware of the nonconforming condition's existence. E. In the event that the volume of site development applications submitted for review exceeds the ability of the City to process them simultaneously, preference in order of scheduling will be given to those projects which provide the most affordable housing in excess of minimum requirements, as measured by the total number of affordable units. 18.34.070 A. 1. ') ..... SITE PLAN REVIEW PROCEDURES Acceptability and Adequacy of Application. 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 title. I f 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, sit,'Tled and placed in the outgoing mail within the five day review period. 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 to make a determination that the application either does or does not conform to the requirements of this title and any other applicable regulations under the jurisdiction of the City of Bozeman. 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 of inadequacy, all application materials and one-half of the review fee shall be returned to the property owner or their representative. Subsequent resubmittal shalI require payment of a review fee as if it were a new application. b. A determination tha. an application is adequate does not restrict the City from requesting additiona. ":nformation during the site plan review process. 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 . . 3. Ordinance # 1709: Effective August 15, 2007. page 34-4 . . . 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. 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. 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. In order to be granted a waiver the applicant shall include with the submission of the preliminary site 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. Site plans shall be reviewed by the review bodies established by Chapter 18.62, BMC and according to the procedures established by this title. After review of the applicable submittal materials required by Chapter 18.78, BMC, and upon recommendation by the appropriate review bodies, the Planning Director, Board of Adjustment, or City Commission shall act to approve, approve with conditions or deny the application, subject to the appeal provisions of Chapter 18.66, BMC The basis for the Planning Director's, Board of Adjustment's, or City Commission's action shall be whether the application, including any required conditions, complies with all the applicable standards and requirements of this title, including ~ 18.02.050, BMC.. 1. 4. 5. B. 2. Site Plan. The Planning Director shall provide an opportunity for the public to comment upon development proposals. The duration of the initial comment period shall be included in any notice required by Chapter 18.76, BMC 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 Planning Director, after receiving the recommendations of the DRC, ADR, DRB or WRB, shall act to approve, approve with conditions or deny an application within ten working days of the close of the public comment period. The Planning Director's 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 director's decision regarding an application. Persons making such a request shall provide an addressed envelope for use in delivering their copy of the decision. Site Plan with Deviations or Variances and Conditional Use Permits. The Board of Adjustment shall provide an opportunity for the public to comment upon a proposed site plan or conditional use permit. The ending date of the comment period shall be included in the notice required by Chapter 18.76, BMC The comment period shall be from the date of the first consideration of the complete preliminary plan and supplementary materials by the DRC until the decision by the Board of Adjustment. a. The Board of Adjustment, after receiving the recommendations of the DRC, ADR, DRB or WRB, shall act to approve, approve with conditions or deny an application. The Board of Adjustment's decision shall be in writing and shall include any special conditions which are to be applied to the development. Ordinance # 1709: Effective August 15, 2007. page 34- 5 3. Master Site Plan. The City Commission shall provide an opportunity for the public to comment upon a proposed master site plan. The duration of the comment period shall be included in any notice required by Chapter 18.76, BMC The comment period shall be . from the date of the first consideration of the complete preliminary plan and supplementary materials by the DRC until the decision by the City Commission. a. The City Commission, after receiving the recommendations of the DRC, ADR, DRB or WRB, shall act to approve, approve with conditions or deny an application. The City Commission's decision shall be in writing and shall include any special conditions which are to be applied to the development. 18.34.080 APPLICATION FOR CONDITIONAL USE PERMIT NOTICE REQUIREMENTS A. The person applying for a conditional use permit shall fill out and submit to the Planning Director the appropriate form with the required fee. The request for a conditional use permit shall follow the procedures and application requirements of this chapter. B. In consideration of all conditional use permit applications, a public hearing shaH be conducted by the Board of Adjustment. Notice of the Board of Adjustment public hearing shall be provided in accordance with Chapter 18.76, BMC 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 flied and acted upon simultaneously, however the conditional use permit shall not be effective until zoning has been approved by the City Commission. 18.34.090 SITE PLAN AND MASTER SITE PLAN REVIEW CRITERIA A. In considering applications for site plan approval under this title, the Planning Director, Board . of Adjustment, City Commission, DRC, and when appropriate, the ADR staff, DRB or WRB shall consider the following: 1. Conformance to and consistency with the City's adopted growth policy. 2. Conformance to this title, including the cessation of any current violations; 3. Conformance with all other applicable laws, ordinances and regulations; 4. Relationship of site 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 site plan (e.g., buildings, circulation, open space and landscaping, ete.) so that activities are intebJTated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development; e. Design and arrangement of elements of the site plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the existing natural topobJTaphy, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site configuration; and . Ordinance # 1709: Effective August 15,2007. page 34-6 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 Chapter 18.28, BMC; 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 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 natura] vegetation; . 5. . . 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 site 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 Chapter 18.50, BMC; f. Park land shall be provided in accordance with Chapter 18.50, BMC. Building location and height; Setbacks; Lighting; Provisions for utilities, including efficient public services and facilities; Site surface drainage and stormwater control; Loading and unloading areas; Grading; Signage; Screening; Overlay district provisions; 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Ordinance # 1709: Effective August 15, 2007. page 34-7 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 title, 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 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 Title 17 Chapter 2, BMC. B. In considering applications for master site plan approval under this title, the City Commission, DRC, and when appropriate, the ADR staff, DRB or WRB shall consider the following: 1. Conformance to and consistency with the City's adopted growth policy; 2. Conformance to this title, including the cessation of any current violations; 3. Conformance with all other applicable laws, ordinances and regulations; 4. A generalized site plan showing the orientation and relationships among key plan elements both on and off the property, including: a. Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods in terms of overall site organization and building mass and height; b. Arrangement of the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the structure of . the surrounding area and produce an efficient, functionally organized and visually cohesive development that contributes to the overall aesthetic quality of the area; c. If the proposed project is located within a locally designated historical district, or includes a locally designated landmark structure, a statement describing how the project is in conformance with the provisions of Chapter 18.28, BMC; and d. Description of many elements in a Master Site Plan may be described in written and/ or graphic formats whichever provides the superior form of communication. 5. A statement accompanying the site plan describing the generalized architectural character and its relationship to and compatibility with the historical character of the area, generalized landscape concept including treatment of public space and relationship to the surrounding area, and visual and aesthetic inteb>ration of the proposed development into the surrounding area and its effect on the identity of the adjacent neighborhood; 6. The impact of the proposed development on the existing and anticipated traffic and parking conditions, including identification of the traffic generation and parking needs of individual plan elements; 7. Pedestrian and vehicular ingress, egress and circulation, including: a. Overall 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 desib'11 features to . enhance convenience and safety across parking lots and streets; Ordinance # 1709: Effective August 15, 2007. page 34-8 . . . c. and integration of the pedestrian and vehicular to the systems in adjacent developments and general 8. Adequate connection transportation systems community; and Dedication and/or abandonment of rights-oE-way or easements necessary for efficient land use and accompanying streets and related transportation facilities; Open space, if required under the zoning classification(s) of the proposed development, including: a. Enhancement of the natural environment; d. c. b. Precautions being taken to preserve existing wildlife habitats or natural wildlife feeding areas; c. Provisions to avoid interfering with public access to and use of any adjacent parks and other open space; d. Provision of recreational areas suitably located and configured, and accessible to the residential units it is intended to serve; and e. Adequacy of open space as required within this title; f. Open space shall be provided in accordance with Chapter 18.50, BMC; g. Park land shall be provided in accordance with Chapter 18.50, BMC. 9. Generalized building gross area (square feet), building locations, building envelopes, and building heights; 10. Setbacks; 11. Generalized lighting concept as pertains to public safety; 12. Generalized provisions for utilities, including efficient public services and facilities; 13. Generalized site surface drainage and stormwater control; 14. Generalized locations of loading and unloading areas; 15. Generalized grading; 16. Statement regarding proposed signage; 17. Statement regarding screening of trash, outdoor storage and utility areas; 18. Overlay district provisions where applicable; and 19. Other related matters, including relevant comment from affected parties. If the Planning Director, Board of Adjustment, or City Commission, after recommendation from the DRC and, if appropriate, ADR staff, DRB and WRB shall determine that the proposed site plan or master site plan will not be detrimental to the health, safety or welfare of the community, is in compliance with the requirements of this title and is in harmony with the purposes and intent of this title and the Bozeman growth policy, approval shall be granted, and such conditions and safe,guards may be imposed as deemed necessary. Notice of action shall be given in writing. Site plan approval or master site plan approval may be denied upon a determination 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. 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 D. E. Ordinance # 1709: Effective August 15, 2007. page 34-9 met through the master site plan review process may be incorporated by reference in order to eliminate duplication of review. . 18.34.100 BOARD OF ADJUSTMENT CONSIDERATION AND RECORD FOR CONDITIONAL USE PERMITS A. The Board of Adjustment, in approving a conditional use permit, shall review the application against the review requirements of ~18.34.090, BMC; B. In addition to the review criteria of ~18.34.090, BMC, the Board of Adjustment 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; Special yards, spaces and buffers; Special fences, solid fences and walls; Surfacing of parking areas; Requiring street, service road or alley dedications and improvements or . appropriate bonds; Regulation of points of vehicular ingress and egress; Regulation of signs; Requiring maintenance of the grounds; RebJUlation of noise, vibrations and odors; Regulation of hours for certain activities; Time period within which the proposed use shall be developed; Duration of use; b. c. d. e. f. g. h. 1. J. k. 1. 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. C. The Board of Adjustment shall, in addition to all other conditions, impose the following general conditions upon every conditional use permit granted: 1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and 2. That all of the special 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 site plan approval or commencement of the conditional use. Ordinance # 1709: Effective August 15,2007. page 34-10 . . D. Applications for conditional use permits may be approved, conditionally approved or denied by motion of the Board of Adjustment. If an application is denied, the denial shall constitute a determination that the applicant has not shown that the conditions required for approval do eXlst. E. The applicant shall be notified in writing of the action taken by the Board of Adjustment within seven working days of its 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 site plan. 18.34.110 CERTIFICATES OF APPROPRIATENESS PROCEDURES AND REVIEW CRITERIA ADDITIONAL REVIEW A. Sign Proposals Which Do Not Specifically Conform to the Requirements of This Title. Independent sign proposals (i.e., not in conjunction with other development) which do not specifically conform to the requirements of this title, are required to submit full site plans. Additional site design information, in sufficient detail to demonstrate compliance with the Design Objective Plan, encompassing the property's location shall be provided. If no Design Objectives Plan has been prepared for the location, additional site design information, if necessary, shall be determined by the ADR staff. All signs shall comply with the dimensional standards of this title unless a deviation or variance has been properly granted. Review Procedures and Criteria for Certificates of Appropriateness. 1. Certificates of appropriateness shall only be issued according to procedures and criteria specified in Chapters 18.28, 18.30, 18.36 and 18.62, 13MC. 2. Sign proposals which specifically conform to the requirements of this title shall be reviewed according to procedures and criteria outlined in Chapter 18.52, BMC. B. 18.34.120 PUBLIC NOTICE REQUIREMENTS A. Public notice of development proposals and approvals subject to this chapter shall be provided as required by Chapter 18.76, BMC. 18.34.130 FINAL SITE PLAN A. No later than six months after the date of approval of a preliminary site plan or master site plan, the applicant shall submit to the Planning Department a final site plan with accompanying application form and review fee. The number of copies of the final site plan to be submitted shall be established by the Planning Director. The final site plan shall contain the materials required in ~~ 18.78.080 and 18. 78.090 BMC 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 shall submit a certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions. C. In addition to the materials required in subsections A and B of this section, the owner shall submit a statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance. . Ordinance # 1709: Effective August 15, 2007. page 34-11 D. Following approval of a final site plan, the final site plan shall be in effect 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 title and circumstances have significantly changed since the initial approval. If relevant terms of this title or circumstances have significantly changed, the extension of the approval shall not be granted. E. Following approval of a final master site plan, the final master site plan shall be in effect for not more than five years. Owners of property subject to thf! master site plan may seek appropriate extensions. Approval of an extension shall be made by the Planning Director. Approval shall be granted if the Planning Director determines that the relevant terms of this title and circumstances have not significantly changed since the initial approval. F. Upon approval of the final site plan by the Planning Director the applicant may obtain a building permit as provided for by Chapter 18.64, BMC 1. Subsequent site plan approvals are required to implement a master site plan, and approval of a master site plan does not entitle an applicant to obtain any building permits. 18.34.140 BUILDING PERMITS BASED UPON APPROVED SKETCH OR SITE PLANS Based upon the approved sketch or final site plan (hereinafter referred to as "plan"), and after any appeals have been resolved, a building permit for the site may be requested and may be granted pursuant to Chapter 18.64, BMC No building permit may be granted on the basis of an approved sketch or site plan whose approval has expired. 18.34.150 AMENDMENTS TO SKETCH AND SITE PLANS A. It is the intent of this section to assure that issues of community concern are addressed during . the redevelopment, reuse or change in use of existing facilities in the community. Specific areas of community concern include public safety, mitigation of off-site environmental impacts and site character in relation to surroundings. The following procedures for amendments to approved plans, reuse of existing facilities and further development of sites assure that these concerns are adequately and expeditiously addressed. B. Any amendment to or modification of a site plan or master site plan approved under the ordinance codified in this chapter (September 3, 1991 - Ordinance 1332) shall be submitted to the Planning Director for review and possible approval. Proposals for further development, reuse or change in use of sites developed pursuant to this title shall also be reviewed as an amendment to an approved plan. All amendments shall be shown on a revised plan drawing. Amendments to approved plans shall be reviewed and may be approved by the Planning Director upon determining that the amended plan is in substantial compliance with the originally approved plan. If it is determined that the amended plan is not in substantial compliance with the originally approved plan, the application shall be resubmitted as a new application and shall be subject to all standards and site plan review and approval provisions of this title. Substantial compliance may be shown by demonstrating that the amendments do not exceed the thresholds established in ~18.34.170.B, BMC C Modifications or amendments to a master site plan at the time an extension of approval is sought may be proposed by either the applicant or the City Commission, and shall be based on substantive current information that indicates that relevant circumstances have changed and that such circumstances support the proposed modifications. Such circumstances may include market analyses, economic conditions, changes in surrounding land uses, changes in ownership, . ete. Ordinance # 1709: Effective August 15,2007. page 34~ 12 . . . 18.34.160 MODIFICATION OR ENLARGEMENT OF STRUCTURES AUTHORIZED UNDER A CONDITIONAL USE PERMIT Any proposed additions, enlargements or modifications of the structures approved in any conditional use permit, or any proposed extension of the use into areas not approved in any such permit, shall be subject to this chapter. 18.34.170 REUSE, CHANGE IN USE OR FURTHER DEVELOPMENT OF SITES DEVELOPED PRIOR TO. THE ADOPTION OF THE ORDINANCE CODIFIED IN THIS TITLE Sites legally developed prior to the adoption of the ordinance codified in this title (September 3, 1991 - Ordinance 1332) shall be considered to have developed under an approved plan. Proposals for reuse, change in use or the further development of sites legally developed prior to the adoption of the ordinance codified in this title may be approved by the Planning Director upon determining that no significant alteration of the previous use and site are proposed, and upon review by the City Engineer or desibYflee to assure that adequate access and site surface drainage are provided. All such proposals shall be shown on a plan drawing as required by the Planning Director. The criteria for determining that no significant alteration of the previous use and site will result from the proposed reuse, change in use or further development of a site shall include but not be limited to the following: 1. The proposed use is allowed under the same zoning district use classification as the previous use, however replacement of nonconforming uses must comply with the provisions of Chapter 18.60, BMC; 2. Changes proposed for the site, singly or cumulatively, do not increase lot coverage by buildings, storage areas, parking areas or impervious surfaces andlor do not result in an increase in intensity of use as measured by parking requirements, traffic generation or other measurable off-site impacts; a. By more than 20 percent for developments not meeting one or more of the criteria of ~ 18.34.040.C; OR b. By more than 10 percent for developments meeting or exceeding one or more of the criteria of ~18.34.040.C; 3. The proposed use does not continue any unsafe or hazardous conditions previously existing on the site or associated with the proposed use of the property. C. If it is determined that the proposed reuse, change in use or further development of a site contains significant alterations to the previous use andlor site, the application shall be resubmitted as a new application and shall be subject to all plan review and approval provisions of this chapter. D. When proposals for reuse, change in use or further development of a site are located in the neighborhood conservation or entryway corridor overlay districts, review by ADR staff or the DRB may be required to determine whether resubmittal as a new application is necessary. A. B. 18.34.180 IMPROVEMENTS TO EXISTING DEVELOPED SITES INDEPENDENT OF SITE PLAN REVIEW A. The continued improvement of existing developed sites is desired to increase the level of compliance with the provisions of this title. An applicant may propose improvements, not in association with a site plan review, to increase conformity with the standards of this title for landscaping, lighting, parking or similar components of a site to occur over a defined period of Ordinance # 1709: Effective August 15, 2007. page 34-13 time, not to exceed three years. Such improvements shall be depicted on a site plan drawn to scale and which shall be sufficiently detailed to clearly depict the current conditions, the intended end result of the proposed improvements and any phasing of work. Such improvements shall be . reviewed by and approved at the discretion of the Planning Director. The Planning Director may require surety in accordance with the terms of Chapter 18.74, BMC for work performed. 18.34.190 SPECIAL TEMPORARY USE PERMIT A. Generally. Uses permitted subject to a special temporary use permit are those temporary uses which are required for the proper function of the community or are temporarily required in the process of establishing a permitted use, constructing a public facility or providing for response to an emergency. Such uses shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the community. Uses permitted subject to a special temporary use permit may include: 1. Carnivals, circuses, special events of not over seventy-two consecutive hours; 2. Tent revival meetings; 3. Swap meets; or 4. Such other uses as the Planning Director may deem to be within the intent and purpose of this section. Application and Filing Fee. Application for a special temporary use permit may be made by a property owner or his authorized agent. A copy of the fees are available at the Planning Department. Such application shall be filed with the Planning Director who shall charge and collect a filing fee for each such application, as provided in Chapter 18.64, BMC. The Planning Director may also require any information deemed necessary to support the approval of a special temporary use permit, including site plans per this chapter. . Decision. Application for a special temporary use permit shall he reviewed by the Planning Director who shall approve, conditionally approve or disapprove such application. Approval or conditional approval shall he given only when in the judgment of the Planning Director such approval is within the intent and purposes of this chapter. Conditions. In approving such a permit, the approval shall be made subject to a time limit and other conditions deemed necessary to assure that there will be no adverse effect upon adjacent properties. Such conditions may include, but are not limited to, the following: 1. Regulation of parking; 2. Reb'1llation of hours; 3. Regulation of noise; 4. Regulation of lights; 5. Requirement of bonds or other guarantees for cleanup or removal of structure or equipment; andlor 6. Such other conditions deemed necessary to carry out the intent and purpose of this B. c. D. section. 18.34.200 APPEALS Appeals of decisions rendered in conjunction with this chapter may be taken as set forth in Chapter 18.66, BMC. In such event, any plan review approval and associated right to proceed with development shall be stayed until the appeal process has been completed. . Ordinance # 1709: Effective August 15,2007. page 34-14 . . . 18.34.210 IMPROVEMENTS Improvements depicted on an approved site plan shall be installed subject to the requirements of Chapter 18.74, BMC. Ordinance # 1709: Effective August 15, 2007. page 34-15 . CHAPTER 18.36 PLANNED UNIT DEVELOPMENT 18.36.010 INTENT OF PLANNED UNIT DEVELOPMENT It is the intent of the City through the use of the planned unit development (PUD) concept, to promote maximum flexibility and innovation in the development of land and the desit,>n of development projects within the City. Specifically, with regard to the improvement and protection of the public health, safety and general welfare, it shal1 be the intent of this title to promote the City's pursuit of the following community objectives: A. To ensure that future 6JTowth and development occurring within the City is in accord with the City's adopted 6JTowrh policy, its specific elements, and its goals, objectives and policies; B. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing, recreation, shopping and employment may extend to all citizefls of the Bozeman area; To foster the safe, efficient and economic use of land and transportation and other public facilities; To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks; To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flood damage; To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; To promote the use of bicycles and walking as effective modes of transportation; To reduce energy consumption and demand; To minimize adverse environmental impacts of development and to protect special features of the geography; To improve the design, quality and character of new development; To encourage development of vacant properties within developed areas; To protect existing neighborhoods from the harmful encroachment of incompatible developments; To promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood and the community as a whole; To promote the efficient use of land resources, full use of urban services, mixed uses, transportation options, and detailed and human-scale desih>n; and To meet the purposes established in ~18.02.040, BMC. 18.36.020 APPLICATION AND USES OF A PLANNED UNIT DEVELOPMENT A. A planned unit development may be applied to any subdivision, or to any development having one or more principal uses or structures on a single parcel of real property or contiguous parcels of real property. Land use patterns and uses shall generally conform with growth policy land use designations and underlying zoning districts. Approval for an additional use or combination of uses may be allowed in a planned unit development only when such additional uses are consistent with the Bozeman growth policy and relevant criteria in subsection E of ~ 18.36.090, BMC and are not prohibited elsewhere in this title. C. D. E. F. . G. H. 1. J. K. L. M. N. O. . Ordinance # 1709: Effective August 15, 2007. page 36-1 D. B. All planned unit developments shall consist of a harmonious arrangement of lots, uses, buildings, parking areas, circulation and open spaces. All planned unit developments shall be designed as an integrated unit, in such a manner as to constitute a safe, efficient and convenient . development. C. Any planned unit development shall be considered as a conditional use within the zoning district in which it is to be located. D. The City Commission retains final approval authority for planned unit developments. E. All planned unit developments shall compliment or be harmonious with existing adjacent development. 18.36.030 SPECIAL CONDITIONS OF A PLANNED UNIT DEVELOPMENT The following special conditions shall apply to any planned unit development: A. Single Ownership. The tract or parcel of land involved shall be either in one ownership or the subject of an application flied jointly by the owners of all the property to be included. B. Title Holdings. The approved final plan shall specify the manner of holding title to areas and facilities of joint use and how areas of joint use shall be maintained. Normally such areas and facilities shall be retained in title by the developers of the development or deeded to an organization composed of all owners in the development and meeting the requirements of ~18.72.020, BMC. Residential Planned Unit Developments. The permitted number of residential dwelling units shall be determined by the provision of and proximity to public services and subject to the limitations in ~18.36.090.E.2.b, BMC. Use of General Building and Development Standards. . 1. All planned unit developments shall be reviewed against the development standards established in this title. However, in order to encourage creativity and design excellence that would contribute to the character of the community, deviations from the requirements or the standards of this title may be granted by the City Commission after considering the recommendations of the applicable review bodies established by this title. The PUD application shall be accompanied by written and graphic material sufficient to illustrate the initial and final conditions that the modified standards will produce. Such written and graphic materials may include textual descriptions, site plans, renderings of proposed elevations or landscapes, or similar materials. 2. All requested deviations, waivers of submittal requirements and other relaxations of regulatory requirements shall be identified in writing at the time of preliminary plan submittal. Failure to identify such items may result in the delay of application processing in order to receive necessary materials, provide additional public notice or other curative actions. c. 3. The City Commission shall make a determination that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards of this title, and which will be consistent with the intent and purpose of this chapter, with the adopted goals of the Bozeman bTtowth policy and with any relevant adopted Design Objectives Plan. Upon deciding in favor of the deviation request, the City Commission may grant deviations, above or below minimum or maximum standards respectively as established in this title, including the complete exemption from a particular standard. 1 f the City Commission does not determine that the proposed . modified standards will create an environment, landscape quality and character superior to that produced by the existing standards of this title, and which will be consistent with Ordinance # 1709: Effective August 15, 2007. page 36-2 . . . E. the intent and purpose of this chapter and with any relevant Design Objectives Plan, then no deviation shall be granted. Establishing Additional Standards. In addition to the general building and development standards, the city shall have the right to establish general design standards, guidelines. and policies, for the purpose of implementing and interpreting the provisions of this chapter. Conformance to Sign Code. All signs proposed in conjunction with a planned unit development shall be reviewed against the provisions of the Bozeman sign regulations, Chapter 18.52, BMC. All sib,'llage must be approved as part of the PUD and shall be designed as an integral element of the overall planned unit development. Approval of signs within a planned unit development shall rest upon a determination by the City Commission, as proved by the specific proposal, that the intent of the sign regulations is achieved. Sib,'lls which do not comply with Chapter 18.52, BMC must receive a deviation. F. 18.36.040 PLANNED UNIT DEVELOPMENT REVIEW PROCEDURES AND CRITERIA When a subdivision is proposed in conjunction with a zoning planned unit development, the subdivision review shall be coordinated with the zoning review. All steps listed in this section shall apply whether the application is for a subdivision or zoning PUD, and reference to plan includes plat unless the context clearly indicates otherwise. Approval of a planned unit development shall consist of three procedural steps: pre-application, preliminary plan and final plan. All subdivision PUDs shall also meet all standards for plats. A. Pre-application Review. 1. A pre-application review is mandatory for all planned unit development proposals. 2. A pre-appbcation shall be submitted for review and discussion with the DRC, DRB, and if applicable the WRB and planning staff of the applicant's proposal and any requirements, standards or policies that may apply. This step represents an opportunity to identify any major problems that may exist and identify solutions to those problems before formal application. 3. Pre-application Review Procedures. Pre-application review meetings will be held by the DRC, DRB and WRB (if applicable) and will provide guidance for planned unit development applications. The general outline of the planned unit development proposal, presented as graphic sketch plans, shall be submitted by the applicant to the Planning Department at least 10 days prior to the meeting of the review bodies. The outline shall be reviewed by the DRC, DRB and the WRB (if applicable). Thereafter, the Planning Department shall furnish the applicant with written comments regarding such submittal, including appropriate recommendations to inform and assist the applicant prior to preparing the components of the planned unit development preliminary plan application. B. Preliminary Plan Review. Sufficient information shall be submitted to permit review of the land use relationships, densities and the type, size and location of the principal design elements of the planned unit development by the DRC, DRB, WRB (if applicable) and City Commission. For a planned unit development that will be developed in phases, the developer must submit either a preliminary plan for all phases, or else submit a preliminary plan for the initial phase or phases and development guidelines for all subsequent phases. Submittal requirements are in addition to those required for site plan and conditional use permit review. 1. Application Process. Upon completion of pre-application review and receipt of the Planning Department's comments on the pre-application, an application for preliminary plan approval may be filed with the Planning Department. Ordinance # 1709: Effective August 15,2007. page 36-3 2. Public Hearings and Meetings. Notice of public hearings and/or public meetings for any preliminary plan application shall be provided in accordance with Chapter 18.76, BMC. . Review Criteria. In order to approve an application for a planned unit development the City Commission shall determine that the application is in conformance with all applicable standards, objectives and criteria of this title unless an appropriate deviation is granted. Recommendations. The DRC, DRB and WRB (if applicable) shall recommend the approval, conditional approval or denial of the preliminary plan to the City Commission and shall include in such recommendation the basis upon which such recommendation was determined. 3. 4. c. 5. Preliminary Plan Approval. The City Commission, after conducting a public hearing, may approve, disapprove or approve with conditions the proposed planned unit development. The City Commission shall issue a written record of their decision to discuss and weigh the review criteria and standards applicable to the PUD. Final Plan Review and Approval. The final plan must be in compliance with the approved preliminary plan and/or development guidelines except as provided for in subsection CA of this section, and shall be reviewed DRC and ADR staff and approved by the Planning Director. 1. Application Process. Upon approval or conditional approval of a preliminary plan by the City Commission, and the completion of any conditions imposed in connection with that approval, an application for final plan approval may be submitted. 2. Review Criteria - Compliance with Preliminary Plan. For approval to be granted, the final plan shall be in compliance with the approved preliminary plan. This shall mean that all conditions imposed by the City Commission as part of its approval of the preliminary plan have been met and: a. The final plan does not change the general use or character of the development; b. The final plan does not increase the amount of approved gross leasable nonresidential floor space by more that 5 percent, does not increase the number of residential dwelling units by more than 5 percent and does not exceed the amount of any density bonus approved with the preliminary plan; c. The final plan does not decrease the open space and/or affordable housing provided; d. The final plan does not contain changes that do not conform to the requirements of this title, excluding properly granted deviations, the applicable objectives and criteria of ~18.36.1 00, BMC, or other objectives or criteria of this title. The final plan shall not contain any changes which would allowed increased deviation/ relaxation of the requirements of this title; and e. The final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. 3. Final Plan Approval. The Planning Director may approve the proposed planned unit development if it conforms with the approved preliminary plan in the manner described above. Prior to final plan approval, the Planning Director may request a recommendation from the DRC, ADR staff, DRB, WRB or City Commission regarding any part of a proposed final plan. If a final plat is part of the final plan submittal, the City Commission shall have responsibility to approve the final plat. a. Final plats associated with a PUD shall be subject to the requirements of ~18.06.060 and ~18.78.070, BMC. . . Ordinance # 1709: Effective August 15,2007. page 36-4 . 4. Amendments to Final Plan. Building permits and other development approvals shall be issued on the basis of the approved final plan and any conditions of approval. No City administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan with the exception of the following: a. Minor Changes. (1) Minor changes to a planned unit development may be approved administratively and in writing, if at all, by the Planning Director, whereupon a permit may be issued. Such changes may be authorized without additional public hearings at the discretion of the Planning Director. This provision shall not prohibit the Planning Director from requesting a recommendation from the DRB, DRC, ADR staff, WRB or City Commission. (2) Minor changes shall be defined as follows: (a) Those developments that do not change the character of the development; (b) An increase of less than 5 percent in the approved number of residential dwelling units; (c) An increase of less than 5 percent in the approved gross leasable floor areas of retail, service, office and/ or industrial buildings; (d) A change in building location or placement greater than 20 percent of the building width without compromising requirements of the UDO; (e) An increase in the number of lots less than 2 percent without increasing the density by more than 5 percent. This is applicable only to zoning PUD plans, not subdivision PUD plats; (f) The final plan shall not contain any changes which would allow increased deviation/relaxation of the requirements of this title; and/or (g). The final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. (3) When a planned unit development has been prepared in sufficient detail to address the concerns of Chapter 18.34, BMC including but not limited to general building envelopes, design character of buildings, and landscaping for some or all of the parcels within its boundaries the final site development plans may be reviewed as an amendment to the PUD final plan. The intention to use this provision must be part of the inital submittal and review of the PUD. b. Major Changes. (1) Major changes to a planned unit development shall be approved, if at all, only by the City Commission, and must follow the same planned unit development review and public hearing process required for approval of preliminary plans. The final plan shall not contain any changes which would allow increased deviation/relaxation of the requirements of this title without being individually noticed and reviewed for the proposed change. (2) Major changes shall be defined as follows: (a) A change in the character of the development; (b) An increase of greater than 5 percent in the approved number of residential dwelling units; Ordinance # 1709: Effective August 15,2007. page 36-5 . . (c) An increase of greater than 5 percent in the approved gross leasable floor areas of retail, service, office andlor industrial buildings; . A reduction in the approved open space andlor affordable housing units provided; A change in the location and placement of buildings; andlor An increase in the number of lots above what was approved through the preliminary plan review. This is applicable only to zoning PUD plans, not subdivision PUD plats. The final plat, if applicable, may not create any additional lots which were not reviewed as part of the preliminary plan submittal. (d) (e) (f) 18.36.050 PLAN SUBMITTAL REQUIREMENTS For each stage of the review process, the applicable information and data described in Chapter 18.78, BMC shall be submitted unless the Planning Director determines that the information is unnecessary for the proper evaluation of the development based on the evaluation of the pre-application review. Only after the Planning Department has determined that all required information has been submitted will the application be processed. When a proposed PUD includes both a subdivision and zoning component, a coordinated application on a form to be provided by the Planning Department shall be used to coordinate submittal materials and prevent redundant requirements. 18.36.060 DURATION OF PLANNED UNIT DEVELOPMENT APPROVAL A. Duration Of Preliminary Plan Approval. The provisions of this subsection do not apply to subdivision elements of a PUD. 1. Within a maximum of one year following the approval of a preliminary plan, the . applicant shall file with the Planning Department a final planes) in detailed form covering the entirety, or one or more phases, of the development. Upon application and for good cause, the Planning Director may administratively extend the period for filing a final plan for two successive six-month periods. The granting of administrative extensions under this section may, at the discretion of the Planning Director, be referred to the City Commission. Any additional six-month extensions to the planned unit development shall be approved, if at all, only by the City Commission. A request for extension of preliminary approval under this section must be submitted to the Planning Dir~ctor in writing by the applicant at least thirty calendar days prior to the date of expiration. Failure to submit a written request within the specified time period shall cause forfeiture of the right to extension of preliminary approval. If no final planes) is filed covering all or any portion of the preliminary plan within the above time limits, the right to proceed under the preliminary plan shall expire for any portion of the preliminary plan for which a final plan has not been timely filed. 2. 3. 4. . Ordinance # 1709: Effective August 15, 2007. page 36-(j . . . B. Duration of Final Plan Approval. 1. The applicant must undertake and complete the development of an approved final plan within two years from the time of final plan approval. For the purposes of this section, a development is substantially complete once all engineering improvements (water, sewer, streets, curbs, gutter, street lights, fire hydrants and storm drainage) are instaUed and completed in accordance with City rules and regulations. Extensions for two successive periods of six months may be administratively granted by the Planning Director. The granting of administrative extensions under this section may,. at the discretion of the Planning Director, be referred to the City Commission. 2. Any additional six~month extensions to the planned unit development shall be approved, if at aU, only by the City Commission. A request for extension of final approval under this section must be submitted to the Planning Director in writing by the applicant at least 30 days prior to the date of expiration. Failure to submit a written request within the specified time period shall cause forfeiture of the right to extension of final approvaL Failure to develop within the specified time limit and improvement requirements shall cause a forfeiture of the right to proceed under the final plan and require resubmission of all materials and reapproval of the same through the preliminary plan procedures. 3. The timing of all extensions of final plan approval shall be coordinated with the approval period established for any subdivision plat approval that is part of the PUD so that any expiration dates are consistent. 4. Final plan approval may occur multiple times under the provisions for phased PUDs described below. 18.36.070 PHASING OF PLANNED UNI'}' DEVELOPMENTS A. Applications for Phased Planned Unit Developments. If a planned unit development is intended to be developed over time in two or more separate phases, application for approval of a phased planned unit development shall follow procedures established for pre-application review as outlined in this chapter. After pre-application review is completed, phased puns may be proposed in accordance with one of the following procedures: 1. Application for Simultaneous Approval of AU Phases of the pun. a. Where all phases of a PUD are planned in detail, an application for approval of aU phases of the PUD may be made in accordance with preliminary plan review and approval procedures outlined in this chapter. In such cases, preliminary plans and all required supplemental information shall clearly set forth phased development boundaries, schedules and other details pertaining to the phasing of the project. Upon approval of the preliminary plan for all phases of the pun, each phase of the development may occur in accordance with the review and approval procedures for final plans as specified in this chapter. Application for Approval of Initial Phase of the pun - With Subsequent Phases Master Planned and Subject to Development Guidelines. Where the applicant wishes to gain preliminary and final approval for the initial phase(s) of a PUD, and further wishes to gain master plan and development guidelines approval for subseguent phases of the PUD, preliminary and final plan review and approval procedures for the initial phase(s) shall be followed in accordance with this chapter. A master plan and development guidelines for the remaining phases of the development shall be provided for review and approval as outlined below. b. 2. Ordinance # 1709: Effective August 15,2007. page 36-7 D. B. Phased PUD Approval Process. Master plans and development guidelines shall be reviewed and approved according to the procedures established for preliminary plans as established in this chapter. When a master plan and development guidelines for a phased PUD have been reviewed . and approved by the City Commission, each phase of the PUD may be developed in accordance with the review and approval procedures set forth in this chapter for final plan reviews. C. Phased PUD Review Criteria. 1. In general, the review criteria for phased preliminary and final PUDs shall be the same as that for PUDs as set forth in this title. 2. In those cases where master plans and development guidelines are proposed to govern the development of future phases of the PUD, the City Commission must determine that the proposed master plan and development b'1lidelines are provided in sufficient detail to support a determination that the phased PUD will comply with all requirements for PUD approval if developed in accordance with the approved master plan and development guidelines. 3. DRB or ADR staff, as applicable, and DRC review and approval of preliminary and final plans, for those phases of a PUD which have an approved master plan and development guidelines, shall assure compliance and consistency with said master plan and development guidelines. 4. Should DRC, DRB or ADR staff, as applicable, determine that proposals to develop subsequent phases of a PUD are not in compliance with the approved master plan and development guidelines, the determination may be appealed to the City Commission subject to the provisions of Chapter 18.66, BMC. Phased Planned Unit Development Submittal Requirements. 1. Master Plan Submittal Requirements. Master plans for phased PUDs shall consist of a detailed site plan depicting: a. Existing conditions for the entire phased PUD as required by subsections Band C of~18.78.120, BMC; and . b. Proposed conditions pertaining to such elements as building location, open spaces, vehicular and pedestrian circulation, and boundaries of the individual phases of the PUD in as much detail as is required by the evaluation of the pre- application review as outlined in this chapter. 2. Development Guidelines Submittal Requirements. Development guidelines for phased PUDs shall be submitted to the Planning Director as part of the application submittal in one or more orderly documents. Each document shall contain a table of contents and shall be in an 8V2- by ii-inch vertical format, bound to open flat for review. All graphic representations shall be in 81/2~ by 11~inch or 11- by 17-inch format. Development guidelines for phased PUDs shall contain the information as is required by the evaluation of the pre-application review as outlined in this chapter. Such information may include, but is not limited to, the following: a. A description of submittal requirements and review procedures for the approval of preliminary and final plans submitted in accordance with the master plan and development guidelines (to be developed with the assistance of staff); b. A description of the coordination with any other applicable review procedures, e.g., subdivision review; . c. A complete list of proposed or potential land uses; . d. Sign guidelines: type(s), location, design, illumination, size and height; Ordinance # 1709: Effective August 15, 2007. page 36-8 Perimeter buffering guidelines with specific regard to adjoining land uses; Landscaping guidelines, including a description of the landscaping theme in relation to the streetscape, the buildings on site, and any proposed sihmage, open space treatment, parking and circulation areas, display areas and screening; Design guidelines for outdoor storage and/ or display; Protective covenants which may include requirements, property owners association provisions, provisions for maintenance, etc.; Parking: guidelines for design, provision for shared facilities, circulation between lots, coordination with sidewalk system, and service areas; Dimensional requirements: building heights, setbacks (interior and perimeter), open space, etc.; Lighting; Architectural guidelines; Provisions for utilities, communications and refuse; n. Guidelines for noise, emissions, glare, hazardous materials, ete.; and o. Improvements schedule. Open Space Provisions for Phased PUD Developments. If a project is to be built in phases, each phase shall include an appropriate share of the proposed recreational, open space, affordable housing and other site and building amenities of the entire development used to meet the requirements of ~18.36.090.E.2, BMC The appropriate share of the amenities for each phase shall be determined for each specific project at the time of preliminary approval and shall not be based solely upon a proportional or equal share for the entire site. Requirements may be made for off~site improvements on a particular phased project. Final Plans for Phased PUD Developments. Final plans for a planned unit development may be submitted in phases. The final plan shall conform to the preliminary plan of a planned unit development, as approved. Duration of Phased PUD Development Guidelines Approval. Within a maximum of five years following the approval of development guidelines for a planned unit development, development must commence or the development guidelines must be reviewed for renewal. Any subsequent approvals of a preliminary plan must conform to the development guidelines. e. . f. g. h. 1. J. k. 1. m. E. . F. G. 18.36.080 ENFORCEMENT OF APPROVAL REQUIREMENTS AND CONDITIONS The occurrence of either of the following events may subject the applicant to the enforcement remedies contained in Chapter 18.64, BMC: A. Failure to comply with any terms, conditions or limitations contained on the site plan, landscape plan, building elevations or other approved documents pertaining to a planned unit development which has received final approval from the City. B. Failure to comply with any conditions on record imposed by the City Commission upon its review of the master or preliminary plans, or any conditions imposed by the DRC or ADR through the review of the final plan for the planned unit development, under the provisions of Chapter 18.36, BMC, Planned Unit Development Ordinance (PUD). . Ordinance # 1709: Effective August 15, 2007. page 36-9 18.36.090 PLANNED UNIT DEVELOPMENT DESIGN OBJECTIVES AND CRITERIA A. General. For any planned unit development proposal to be approved it must first be found, by . the City Commission, after recommendation from the DRC, DRB or WRB (if applicable), to be in compliance with this title including any applicable criteria of this section. B. Land Use Classifications. 1. The design objectives and criteria with which a planned unit development proposal must comply are dependent upon the designated growth policy land use classification and zoning district of the site proposed for the planned unit development. 2. All planned unit developments are reviewed against the objectives and criteria designated for all development. Each individual planned unit development is then reviewed against the objectives and criteria established for the land use classification(s) of the site on which the proposal is to be located. A planned unit development must satisfy all the objectives and criteria of all applicable groups. In evaluating planned unit developments, the City may determine that certain criteria are not applicable or are irrelevant to a particular development proposal and therefore do not apply to that proposal unless those criteria are applicable to a deviation which is being sought by the applicant. Subsection E of this section contains the 6>TOUPS of objectives and criteria against which planned unit developments are reviewed. C. Evaluation Process. The acceptability and performance of a planned unit development proposal shall be evaluated as follows: Each of the relevant objectives and criteria for the applicable land use classification and for all development contained in subsection E of this section, will be answered "Yes", "No" or "Not Applicable" (NA). A "No response" to any of the applicable objectives and criteria will automatically preclude the development proposal from further . consideration and eventual approval, unless a deviation is granted by the City Commission. An objective or criterion is considered to be applicable if it can reasonably be applied to the development proposal. The applicant shall clearly demonstrate how the planned unit development specifically addresses each applicable objective and criterion. D. Responsibility for Impact Mitigation. To protect the character of new and existing neighborhoods against intrusive and disruptive development, any negative or adverse impacts shall be effectively mitigated in the planned unit development plan, as per the following guidelines: 1. When two adjacent parcels are developed simultaneously, the responsibility for mitigating conflicts is upon the more intense use. 2. When a use is the first to develop on two adjacent vacant parcels, the first use shall provide the necessary buffer to any reasonable future use as determined by the City. 3. The second use to develop shall, at the time it develops, take all additional steps necessary to mitigate conflicts. 4. However, when a planned unit development includes a use or uses which are not otherwise permitted in the underlying zoning district, the responsibility for impact mitigation shall lie exclusively with the planned unit development proposal. E. Desif,,'T1 Objectives and PUD Review Criteria. 1. The City will determine compatibility of a project based upon the evidence presented during evaluation of the community design objectives and criteria of this title. 2. In addition to the criteria for all site plan and conditional use reviews, the following . criteria will be used in evaluating all planned unit development applications. Ordinance # 1709: Effective August 15, 2007. page 36-10 a. . . . All Development. All land uses within a proposed planned unit development shall be reviewed against, and comply with, the applicable objectives and criteria of the mandatory "All Development" b>TOUP. (1) Does the development comply with all City design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? (2) Does the project preserve or replace existing natural vegetation? (3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? (4) Does the design and arrangement of elements of the site plan (e.g. building construction, orientation, and placement; transportation networks; selection and placement of landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction of energy use by the project? Are the elements of the site plan (e.g. buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the project? Park Land. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by ~18.50.020, BMC? Performance. All PUDs shall earn at least twenty performance points. Nonresidential developments within the North 19th Avenue/Oak Street corridor shall earn thirty points. Points may be earned in any combination of the following. The applicant shall select the combination of methods but the City may require documentation of performance, modifications to the configuration of open space, or other assurances that the options selected shall perform adequately. (a) Provision of affordable housing: Exclusive of housing used to satisfy Chapter 17.02 BMC; Four points for each percent of dwellings to be constructed in the residential development which are provided by donation to the City of Bozeman or their designee; OR - One point for each build ready lot donated to the City for affordable housing provided by a residential or non residential development; OR - One point for each percent of dwellings to be constructed in the residential development which are provided by long term contractual obligation to an affordable housing agency, for a period of not less than 20 years, with a written plan assuring on-going affordability pricing and eligibility monitoring, and annual re-certification. The City's affordability guidelines and subsequent revisions shall establish afford ability and eligibility; (b) Additional open space: One point for each percent of the project area that is provided as non-public open space; or one and one- quarter points for each percent of the project area that is provided as publicly accessible open space. (5) (6) (7) Ordinance # 1709: Effective August 15, 2007. page 36~ 11 The portion of the project to be considered in determining the size of area to be provided for open space shall be the gross project area less areas dedicated and transferred to the public, . andlor used to meet the parklands requirements of (6) above. The area provided for open space shall be exclusive of yard setbacks on individually owned lots and interior parking lot landscaping, and subject to the performance standards of Chapter 18.50, BMC. The area may be provided through a combination of one or more of the following means: (i) Open space within the project boundaries and commonly held by the property owners association for the use of owners, residents and their guests; (ii) Open space within the project boundaries and developed as usable recreation space with a corresponding public use easement; (ill) Outside of the project boundaries as an addition to an existing off~site park adequate in location and size to meet the recreational needs of the resident; 6f' (iv) Cash-in-lieu of open space subject to the standards of ~18.50.030, BMC; or (v) Open space outside of the project boundaries adequate in size and location to meet the recreational needs of the residential development only with the approval of the City Commission. The site is subject to the standards of ~18.50, BMC and must demonstrate a geof.:,'Taphic and . service relationship to the residential development. (c) Adaptive reuse of historic buildings: Two points for each 10 percent of total number of dwelling units in a residential development which are provided by the adaptive reuse of an individually listed or eligible to be listed historic structure; one point for each 10 percent of total commercial andlor industrial floor area which is provided by the adaptive reuse of an individually listed or eligible to be listed historic structure; up to a total of 1/3 of the performance points required to be earned. (d) Underutilized and brown field sites: One point for each 50 percent increase in the total square footage of commercial andlor industrial floor area on underutilized sites; 1 point for each 50 percent increase in the total number of dwelling units on underutilized sites; 1 point for each acre developed of the environmentally contaminated land; up to a total of 1/3 of the performance points required to be earned. (8) Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? b. Residential. Planned unit developments in residential areas (R-S, R~I, R~2, R-3, R-4, RMH and R-O zoning districts) may include a variety of housing types . designed to enhance the natural environmental, conserve energy, recognize, and to the maximum extent possible, preserve and promote the unique character of neighborhoods, with provisions for a mix of limited commercial development. Ordinance # 1709: Effective August 15, 2007. page 36-12 . For purposes of this section, "limited commercial development" means uses listed in the B-1 neighborhood service district (Chapter 18.18, BMC), within the parameters set forth below. All uses within the PUD must be sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood. (1) On a net acreage basis, is the average residential density in the project (calculated for residential portion of the site only) consistent with the development densities set forth in the land use guidelines of the Bozeman growth policy? (2) Does the project provide for private outdoor areas (e.g., private yards, patios and balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? (3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? (4) If the project is proposing a residential density bonus as described below, does it include a variety of housing types and styles designed to address community wide issues of affordability and diversity of housing stock? (5) Is the overall project desib'Tled to enhance the natural environment, conserve energy and to provide efficient public services and facilities? (6) Residential Density Bonus. If the project is proposing a residential density bonus (30 percent maximum) above the residential density of the zoning district within which the project is located and which is set forth in Chapter 18.16, BMC, does the proposed project exceed the established regulatory design standards (such as for setbacks, off-street parking, open space, ete.) and ensure compatibility with adjacent neighborhood development? The number of dwelling units obtained by the density bonus shall be determined by dividing the lot area required for the dwelling unit type by one plus the percentage of density bonus sought. The minimum lot area per dwelling obtained by this calculation shall be provided within the project. Those dwellings subject to Chapter 17.02 BMC shall be excluded in the base density upon which the density bonus is calculated. (7) Limited Commercial. If limited commercial development, as defined above, is proposed within the project, is less than 20 percent of the gross area of the PUD designated to be used for offices or neighborhood service activities not ordinarily allowed in the particular residential zoning district? (a) If neighborhood service activities are proposed within the project, is a market analysis provided demonstrating that less than 50 percent of the market required to support proposed neighborhood service activities is located outside the immediate area of the PUD and are the neighborhood services of a nature that does not require drive-in facilities or justification for through traffic? (b) If the project contains limited commercial development, as defined above, is the project located at the intersection of arterial streets, or arterial and collector streets? . . Ordinance # 1709: Effective August 15, 2007. page 36-13 (c) If the project contains limited commercial development, as defined above, has the project been sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood and have the commercial activities been developed at a scale compatible with residential development? (8) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? c. Commercial. Planned unit developments in commercial areas (B-1, B-2 and B-3 zoning districts) may include either commercial or multi-household development, however adequate but controlled access to arterial streets is essential. Activities would include a broad range of retail and service establishments designed to serve consumer demands of the Bozeman area. (1) If the project contains any use intended to provide adult amusement or entertainment, does it meet the requirements for adult businesses? (2) Is the project contiguous to an arterial street, and has adequate but controlled access been provided? (3) Is the project on at least two acres of land? (4) If the project contains two or more significant uses (for instance, retail, office, residential, hotel/motel and recreation), do the uses relate to each other in terms of location within the PUD, pedestrian and vehicular circulation, architectural design, utilization of common open space and facilities, etc.? (5) Is it compatible with and does it reflect the unique character of the surrounding area? (6) Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces? (7) Does the project encourage infill, or does the project otherwise demonstrate compliance with the land use guidelines of the Bozeman growth policy? (8) Does the project provide for outdoor recreational areas (such as additional landscaped areas, open spaces, trails or picnic areas) for the use and enjoyment of those living in, working in or visiting the development? d. Industrial. Planned unit industrial developments in industrial areas (M-l, M-2 and BP zoning districts) may include employment, wholesaling, manufacturing and utility centers for the community. The particular types or combination of uses shall be determined based upon its merits, benefits, potential impact upon adjacent land uses and the intensity of development. (1) Is the project located adjacent to an arterial or collector street that provides adequate access to the site? (2) Is the project developed such that the least intense uses shall be located along the arterial streets, where visibility to the public is likely? More intense uses such as heavy industrial uses and warehousing activities will be located away from the arterial streets, buffered by the other uses. (3) Does the project utilize a landscaping theme that will tie adjacent uses or projects together? (4) Is the project being developed on land substantially surrounded by property approved for development or developed property with existing services and utilities already available? Ordinance # 1709: Effective AUhJUst 15,2007. page 36-14 . . . . . . (5) Does the project provide for outdoor recreational areas (e.g., additional landscaped areas, open space, trails or picnic areas) for the use and enjoyment of those working in or visiting the development? 18.36.100 NORTH 19TH AVENUE/WEST OAK STREET ENTRYWAY CORRIDORS A. B. Intent and Purpose. It is the intent and purpose of this section to establish the planned unit development (PUD) review procedures as a method to bruide future growth and development within the area of the North 19th Avenue/West Oak Street Corridor Master Plan. It is further intended to ensure that future growth and development will occur in accord with the goals and objectives of the North 19th Avenue/West Oak Street Corridor Master Plan and it successors as a subarea plan to the Bozeman Growth policy. Application. Planned unit development provisions shall apply to all nonresidential development proposals located in the North 19th Avenue and West Oak Street Entryway Corridor areas as designated on the land use plan of the North 19th Avenue/West Oak Street Corridor Master Plan and on the City of Bozeman's Official Zoning Map as follows: 1. North 19th Avenue. (Class I and Class II corridor) All nonresidential development within the North 19th Avenue Entryway Corridor, between Durston Road and the North 19th Avenue-Interstate 90 Interchange, measured 660 feet from the centerline of North 19th Avenue, exclusive of the following: a. Between Durston Road and the south boundary of Covered Wagon Mobile Home Court, a Class II entryway corridor overlay classification shall be applied to the east side of North 19th Avenue, measured 330 feet from the centerline of North 19th Avenue. West Oak Street. (Class I and Class II corridor) All nonresidential development within the West Oak Street Entryway Corridor between North 7th Avenue and Rose Park shall be applied within such corridor as follows: a. Between North 7th Avenue and North 19th Avenue, measured 660 feet from the centerline of West Oak Street; or b. Between North 19th Avenue and the east boundary of Rose Park, measured 330 feet from the centerline of West Oak Street. C. It is required that any developments subject to this section comply with all of the specific development standards of the Design Objectives Plan for North 19th Avenue/West Oak Street Corridors. Residential developments within this corridor are not required to be developed as a planned unit development, but do need to comply with the specific development standards of the Design Objectives Plan for North 19th Avenue/West Oak Street Corridors. 2. Ordinance # 1709: Effective August 15,2007. page 36-15 . ffiAPTER 18.38 GENERAL LAND USE STANDARDS AND REQUIREMENTS 18.38.010 AREA REQUIREMENTS FOR INDIVIDUAL BUILDINGS - RESTRICfIONS No part of any yard, or other open space, or off-street parking or loading space required about or in connection with any building for the pmpose of complying with this title, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building except as provided in ~18.46.050 of this title. 18.38.020 YARDS AND LOTS - REDUCfION PROHIBITED No yard or lot existing at the time of adoption of the ordinance codified in this title shall be reduced in dimension or area below the minimum requirements of said ordinance except as set forth herein. Yards or lots created after the effective date of said ordinance shall meet at least the minimum requirements established by this title. 18.38.030 USE OF LANDS - BUILDINGS AND STRUCTURES A Only Uses Specifically Identified by This Title to be Built. No building, or structure or part thereof shall be erected, altered or enlarged for a use, nor shall any existing building, structure or part thereof, or land, be used for a pmpose or in a manner that is not in conformity with the uses listed as permitted uses for the zone in which such buildings, structure or land is situated. In addition, any land, building or structure to be erected or used for a purpose listed as a conditional use in such zone shall first receive approval from the Gty Commission. Existing nonconforming uses and structures shall be governed by Chapter 18.60, BMC .. No building, or part thereof, or structure shall be erected, nor shall any existing building be altered, enlarged or rebuilt, or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard and setback regulations designed for the zone in which such building or open space is located, except as otherwise specified in this title. C Recreational Vehicle Parking on Residential Lot. No person shall park or occupy any recreational vehicle or mobile home on the premises of any occupied dwelling or on any lot which is not a part of the premises of any occupied dwelling, either of which is situated outside of any approved manufactured home conununity or recreational vehicle park except that: 1. The parking of only one unoccupied recreational vehicle in any accessory private garage, or in a rear yard in any district is permitted, providing no living quarters shall be maintained or any business practiced in the recreational vehicle while such recreational vehicle is so parked or stored; and 2. In the event of hardship, temporary use permits may be granted for occupying such recreational vehicle or mobile home. D. Municipal Infrastructure Requirements. 1. Whenever any building lots and/or building sites are created inside the Oty limits or existing lots are annexed, and prior to the issuance of any building pennits on such lots or sites, municipal water distribution, municipal sanitary sewer collection, and streets shall be provided to the site. Each building site must utilize and be connected to both the municipal water distribution and municipal sanitary sewer collection systems. . Installation of improvements is subject to Chapter 18.74, BMC a. Alternative. When in the Oty's sole determination it is in the Oty's long term best interests to allow a building lot or site to be created or developed without 38-1 2. immediate access to either municipal water or municipal sewer the Gty may, in its sole discretion, make such allowance when all of the following have been met: (1) The nonmunicipal system(s) to service the lot or site shall be designed, reviewed and constructed to meet Gty of Bozeman standards. Systems serving more than one lot or user shall be central systems; (2) The nonmunicipal system(s) shall be designed and constructed in a manner to allow connection to the municipal system components shown in applicable facility plans to serve the property at such time as it becomes available; (3) The landowner shall provide waivers of right to protest creation of SIDs or other financing methods to extend municipal water and sewer services. Such extensions or connections may require construction of system components that are not immediately adjacent to the building lot or site; (4) The landowner shall agree to connect to municipal water and sewer services and abandon and remove nonmunicipal services when so instructed by the Gty. Such agreement shall be binding on all successors and run with the land; (5) If the Gty takes responsibility to operate the nonmunicipal system(s) it may impose a surcharge to cover extra operational expenses. Gty operation of the system is at the Gty's discretion; (6) The requirement for future connection to the municipal water and! or sewer system, waivers and agreements, and other applicable materials shall be either noted on the plat or final plan OR a separate notice be recorded at the Gallatin County Oerk and Recorder's Office so that such notice will appear on a title report or abstract of the property,. (7) No nonmunicipal water or sewer systems shall be constructed until it has received all necessary approvals from the Department of Environmental Quality, Gty of Bozeman, County Environmental Health, and any other relevant agency; and (8) The use of municipal water or sewer systems is considered to be the best means to protect the public interest and welfare. The alternative for the use of nonmunicipal systems is intended to be used sparingly and in extraordinary circumstances. In order to protect the public interest, in approving a nonmunicipal system the. Gty may impose such conditions of approval as it deems necessary. These improvements shall be designed, constructed and installed according to the standards and criteria as adopted by the Gty and approved by both the Gty Engineer and Water and Sewer Superintendent prior to the issuance of any building permits. When municipal water distribution and municipal sanitary sewer collection systems are being provided to serve a development proposal occurring under the provisions of Chapter 18.36, BMC, Planned Unit Development (PUD), the issuance of a building permit may be allowed prior to completion of the public infrastructure, provided the criteria of ~18.7 4.030, BMC are met. Notwithstanding the provisions of subsection D.3 above, the Gty may limit the scope, type and number of projects eligible for simultaneous construction consideration. 3. 4. . . 18.38.040 DWELLING UNIT RESTRICtIONS . A. No Use of Unfinished Structures. No cellar, garage, tent, tepee, yurt, basement with unfinished structure above, accessory building, or vehicle; or any manufactured home or recreational vehicle 38-2 B. outside of an approved manufactured home community, recreational vehicle park, or approved individual lot in accordance with ~18.40.130, BMC shall at anytime be used as a dwelling unit, unless approved for use as a temporary dwelling unit due to a demonstrated hardship. Use of Basements. The basement portion of a finished home shall be properly damp-proofed and have heating, ventilation, suitable fire protection and exits if used for living purposes, and natural lighting. 18.38.050 ACCESSORY BUILDINGS, USES AND EQUIPMENT A An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a common wall for not less than five feet. B. Accessory buildings, uses or equipment shall not be stored or constructed between the front lot line and required front building line. C Accessory buildings and garages shall not be located within a utility easement without written approval of the easement holder. D. Accessory buildings in any business or industrial district may be located only to the rear of the front line of the principal building. E. No accessory building shall exceed the footprint of the principal building unless such accessory building has been otherwise approved per this title. An accessory building shall not either: 1. Exceed the height of the principal building unless such accessory building has been othetwise approved per this title; or 2. Within a residential district, exceed a height of one and a half stories, where a half story is established by a side wall, under a sloped roof, of five feet in height or less above the floor level within space allowed to be occupied by persons by the International Building Code. . . 3. The height between finished floor to finished floor shall not exceed 12 feet in residential districts. A greater height between finished floors may be approved in non-residential districts if the other requirements of this title are met. E Rooftop mechanical equipment should be screened. Screening should be incorporated into the roof form when possible. Ground mounted mechanical equipment shall be screened from public rights-of-way with walls, fencing or evergreen plant materials. Mechanical equipment shall not encroach into required setbacks. G. Detached Structures Setback Requirements. 1. Accessory structures less than or equal to 120 square feet in footprint shall not be located in any front, side, or comer-side yard and shall maintain a minimum setback of three feet from the property lines in the rear yard. 2. Accessory structures greater than 120 square feet but less than or equal to 600 square feet in footprint shall not be located in any front, side, or comer-side yard. The accessory structure shall be set back a minimum of either: 6 feet, or when parking is provided between the structure and the rear property line, 20 feet except when required parking s aces need a reater setback for back-u maneuverabili . See exam les below. . Ailey Right-of- Wa Width 30 feet 20 feet 16 feet Setback for Garage 6 feet 6 feet 10 feet Setback for a Garage with Stacked Parking Off of an Aile 20 feet 26 feet 30 feet 38-3 H I. J. 114 feet 112 feet I 32 feet 3. Accessory structures greater than 600 square feet shall not be located in any required front, rear, or side yard and shall provide adequate back-up maneuverability for required parking spaces. Structures may occupy not more than 20 percent of the area of the lot located to the rear of the principal building(s). All structures located within the neighborhood conservation or entryway corridor overlay districts require a certificate of appropriateness. More than two deviations shall not be granted for any accessory structure. 18.38.060 YARD AND HEIGHT ENCROACHMENTS, LIMITATIONS AND EXCEPTIONS A Permitted Encroachments Into Yards. The following shall be permitted encroachments into required yards, subject to any and all applicable International Building Code requirements: B. Architectural features, which do not add usable area to a structure, such as chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, eaves, gutters, awnings, window wells and steps, provided such architectural features do not extend more than 5 feet into any required front or rear yard; Architectural features, which do not add usable area to a structure, such as chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, awnings, window wells and steps, provided such architectural features do not extend more than 2 feet into any required side yard, except that eaves and gutters may extend 2.5 feet into any required side yard; Terraces and patios, uncovered decks and stoops or similar features, provided that such features shall not extend above the height of the ground floor level of the principal structure nor more than 5 feet into any required front or rear yard or 2 feet into any required side yard; Where porches, covered terraces and covered decks occupy not more than one-third of the length of the building wall, excluding the width of the garage if applicable they may encroach: a. where the required front yard is greater than 15 feet, not more than 5 feet into any required front yard, b. not more than 5 feet into a required rear yard, c. not more than 2 feet into any required side yard, and; 5. Fire escapes may be permitted in required side or rear yards only; 6. Wheelchair ramps may encroach into any required yard, but shall not be located closer than 3 feet from any property line; and 7. Flag poles, ornamental features, trees, shrubs, walkways, nameplate signs, and floodlights or other sources of illumination provided the direct source of light is not visible from the public right-of-way or adjacent residential property. Zero Lot Line Conditions. In districts where zero sideyard setbacks are not otherwise allowed, where an individual owns two or more adjoining lots, or where the owners of two or more adjoining lots make legal written agreement recorded at the Gallatin County Oerk and Recorder, a zero lot line concept may be used for conunercial or single-household dwelling unit developments. In residential districts this may result in the creation of a two-household 1. 2. 3. 4. 38-4 . . . . . . C residential structure, only in districts permitting such a structure, or the creation of tovmhouse clusters in districts permitting such structures. In all such cases in residential districts, a minimum 8 foot side yard shall be maintained adjacent to the exterior side, or nonzero lot line side, of the structure. Special Yard Setbacks. 1. Where the required setback is greater than 15 feet, the comer side yard for any comer lot not located on an arterial street may be 15 feet. However, where the vehicular access to a garage is located on the frontage of the comer side yard, the portion accessible to vehicles shall maintain at least a 20 foot setback. 2. A 25 foot front yard or comer side yard shall be provided on all arterials designated in the Bozeman growth policy, except within the B-3 district. 3. Setbacks from watercourses as set forth in ~l8.42.100, BMC 4. Setbacks from intersections as set forth in ~l8.44.090, BMC Height Limitation Exceptions. 1. Non-Specific Exemptions. No building, or part thereof, or structure shall be erected, reconstructed or structurally altered to exceed in height the limit herein designated for the district in which such building is located, except as is specified in Cb.apter 18.66, BMC, or as specifically authorized by the Gty Commission as an approved condition of a planned unit development. Such approved conditions must include the recommendations of the Gty Fire Marshal. 2. Specific Exemptions. a. Height limitations shall not apply to church spires, belfries, cupolas and domes; monuments; chimneys and smokestacks; flag poles; public and private utility facilities; parapet walls extending no more than 4 feet above the limiting height of the building except as hereinafter provided; and solar energy collectors and equipment used for the mounting or operation of such collectors. b. Places of public assembly in churches, schools and other permitted public and semipublic buildings may exceed height limitations otherwise established by this title, provided that: (1) These are located on the ground floor of such buildings; and (2) That for each 1 foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additionall foot over the side and rear yards required in the district. c. Elevator and stair penthouses, water tanks, monitors and scenery lofts are exempt from height limitations otherwise established in this title, provided that no linear dimension of any such structure exceed 50 percent of the corresponding street frontage line. d. Towers and monuments, cooling towers, gas holders or other structures, where the manufacturing process requires a greater height, and grain elevators and silos are exempt from this title, provided that any structure above the height otherwise permitted in the district shall occupy no more than 25 percent of the area of the lot and shall be at least 25 feet from every lot line. e. Height restrictions for wireless facilities are governed by Cb.apter 18.54, BMC D. 38-5 18.38.070 ST ANDARDS FOR SPEQFIC SITE IMP ACTS AND ELEMENTS A Surface- Water Ponding. Natural ponding areas shall be retained as much as possible or, if . necessary, enlarged or modified as directed by the Cty Engineer to restrict the off-site runoff, subject to the storm water runoff control provisions of this title and the Gtis stormwater drainage requirements. B. Trash and Garbage Incineration. No exterior incineration of materials is permitted except as allowed by the Department of Public Safety. C Smoke. Dust and Other Particulate Matter. The emission of smoke or other particulates from any point source shall not exceed a density greater than that permitted by Method 9, 40 CPR 60 Appendix A Dirt, dust, fly ash and other forms of particulate matter shall not be emitted beyond the property lines of the use creating the particulate matter. D. Bulk Storage (Liquid). All uses associated with bulk storage of all gasoline, liquid fertilizer, chemicals, flammable and similar liquids shall comply with International Building and Fire Code requirements and any applicable G:mnty regulations. F. Water Quality. Hazardous Wastes and Wastewater. Discharge of hazardous waste, chemicals or wastewater will be subject to Montana Department of Environmental Quality standards and permitting processes. But in no case shall any hazardous waste, hazardous chemicals or hazardous wastewater be discharged into any perennial stream within the Cty. G. Odors and Toxic Gases. 1. The emission of odors shall be controlled such that objectionable or offensive odors are not perceptible beyond a distance of 50 feet past the property lines of the use creating the odors. 2. No toxic, noxious or corrosive fumes or gases shall be emitted beyond the property lines . of the use creating such fumes or gases. H Noise. No noise shall be produced that causes a violation of the Oty's regulations regarding disturbance of the peace or creates a nuisance. I. Vibrations. No ground vibrations, except for those only perceptible with the use of instruments, shall be permitted beyond the property lines of the use generating the ground vibrations. J. Electrical Disturbance. No activity shall be permitted which causes electrical disturbances affecting the operation of any equipment located beyond the property line of the activity. This paragraph does not apply to uses which are regulated by and are in compliance with federal agencies or law. K. Glare and Heat. Any use producing intense glare or heat shall be conducted so that the glare is effectively screened from view at any point on the lot line of the lot in which the use is located. Any heat will be dissipated so that it is not perceptible without instruments at any point on the lot line of the lot on which the use is located. L. Fire and Explosive Hazards. Any use or activity involving the use or storage of combustible, flammable or explosive materials shall be in compliance with the Uniform Fire Code as adopted by the Gty. Burning of waste materials in open fires is prohibited, unless otherwise permitted by and in conformance with, another ordinance. M. Liquid or Solid Waste. No materials, compounds or chemicals, which can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause emissions of elements which are offensive or hazardous to the public health, safety and general welfare shall . be discharged at any point into any public sewer, private sewage disposal system or stream or into the ground, except in accordance with the code of the City and the standards approved by 38-6 .. the Montana State Depanment of Environmental Quality or such governmental agency as may have jurisdiction over such activities. Fissionable. Radioactivity or Electromagnetic Disturbance. No activities shall be pennitted which utilize fissionable or radioactive materials if, at any time, their use results in the release or emission of any fissionable or radioactive material into the atmosphere, ground or sewerage system. No activities or devices shall be pennitted which at any time emit radio- frequency energy affecting any activity or the operation of any equipment beyond the site property line. Radio- frequency energy shall be considered as being electromagnetic energy at any frequency in the radio spectrum between ten kilocycles and three million megacycles. TIlls limitation on radio- frequency interference does not apply to those uses and circumstances falling under the jurisdiction of the FCC 18.38.080 CLEAN UP OF PROPERTY AND REVEGETATION REQUIRED A Oean Up of Property. Prior to final plat or final occupancy approval, the developer shall ensure that all construction and other debris is removed from the development. TIlls includes concrete, asphalt, dead trees and shrubs, and fencing materials. öB. Revegetation. All areas disturbed during construction shall be reseeded with vegetation types approved by the Gallatin County Weed Control Supervisor. . . 38-7 . CHAPTER 18.40 STANDARDS FOR SPECIFIC USES 18.40.010 PURPOSE The purpose of this section is to further describe the standards and conditions under which certain uses may be permitted as principal or conditional uses in specific districts. 18.40.020 APPLICABILITY All uses listed in this section shall be subject to the specific standards described for each use, in addition to all other applicable standards. 18.40.030 ACCESSORY DWELLING UNITS A. An owner or the owners of real property may establish and maintain an accessory dwelling unit, either within a detached single-household dwelling or above a detached garage which is accessory to the detached single-household dwelling, in the R-S or R-l districts if all of the following conditions are met and continue to be met during the life of the accessory dwelling urut: . . 1. The detached dwelling unit within which the accessory dwelling unit is located, or the accessory dwelling unit itself, is actually and physically occupied as a principal residence by at least one owner of record who possesses at least an estate for life or a 50 percent fee simple ownership interest. No more than one of the dwellings, either the principal dwelling or the accessory dwelling, may be rented by non-owners at the same time. The City may require a guarantee of compliance with the requirements of this section, including but not limited to a binding deed restriction or covenant enforcing the single rental restriction as allowed in ~18.74.080.B, BMC, as a condition of approval; In addition to the parking required for the principal residence, one paved off-street parking space is provided for the exclusive use of the accessory dwelling unit. The parking provided shall be located on the lot and may not utilize the on-street parking provisions of Chapter 18.46, BMC; The occupancy of the accessory dwelling unit does not exceed two persons; Garages shall not be converted for use as accessory dwelling units. However, accessory dwelling units shall be permitted to be placed above garages only in subdivisions receiving preliminary plat approval after January 1, 1997; No permit for an accessory dwelling unit shall be granted unless the lot has been configured to accept an accessory dwelling unit with adequate lot area, utility services, and compliance with setbacks and height standards; In no case shall an accessory dwelling unit be larger than 800 square feet or have more than a single bedroom. The method of calculating the maximum ADD square footage will be "living area" defined as "all floor area exclusive of areas with a sloped ceiling less than five (5) feet in height, stairwells, and exterior decks." Bedrooms, living rooms, kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living space shall be included in the maximum square footage calculation.; Second story additions on detached garages shall be approved only if found compatible and consistent with the character and fabric of the neighborhood; Only one accessory dwelling unit may be created per lot; and 2. 3. 4. 5. 6. 7. 8. Ordinance # 1709: Effective August 15,2007. page 40-1 9. If the accessory dwelling unit is a part of the principal dwelling unit, the accessory dwelling unit shall be clearly incidental to the principal dwelling unit and shall meet the . following criteria: a. The accessory dwelling unit is created only in a single-household detached dwelling unit on a lot of 6,000 square feet or more; b. The accessory dwelling unit does not exceed one-third of the total area of the principal structure; c. The accessory dwelling unit is created only through internal conversion of the principal structure or constructed above a garage. Minor exterior changes may be made on the building, if the square footage added constitutes no more than 10 percent of the principal structure's existing living area (exclusive of the garage); and d. If the entrance for the accessory dwelling unit is separate from the entrance of the principal structure, the entrance shall only be located in the rear or side yards. 10. All accessory dwelling units are subject to CUP provisions established in Chapter 18.34, BMC. 11. No deviations shall be granted to lot area requirements or parking requirements to allow the establishment of an accessory dwelling unit. In no case shall more than a total of two deviations be granted to allow the establishment of an accessory dwelling unit. 13. An owner or the owners of real property may establish per ~ 18.34.050 and maintain an accessory dwelling unit, in the R-2, R-3, R-4 or R-O districts if all of the following conditions are met and continue to be met during the life of the accessory dwelling unit. If the following conditions are not met the dwelling shall be reviewed under the provisions of ~18.34.090, BMC. . 1. In addition to the parking required for the principal residence, the minimum number of required paved off~street parking shall be provided for the exclusive use of the accessory dwelling unit; 2. The occupancy of the accessory dwelling unit does not exceed two persons; 3. Garages shall not be converted for use as accessory dwelling units. However, accessory dwelling units shall be permitted to be placed above garages; 4. In no case shall an accessory dwelling unit be larger than 600 square feet or contain more than a single bedroom. The method of calculating the maximum ADU square footage will be "living area" defined as "all floor area exclusive of areas with a sloped ceiling less than five (5) feet in height, stairwells, and exterior decks." Bedrooms, living rooms, kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living space shall be included in the maximum square footage calculation; 5. Second story additions on detached garages shall be approved only if found compatible and consistent with the existing character and fabric of the neighborhood; and 6. Only one accessory dwelling unit may be created per lot. 7. No deviations shall be granted to lot area requirements or parking requirements to allow the establishment of an accessory dwelling unit. In no case shall more than a total of two deviations be granted to allow the establishment of an accessory dwelling unit. 8. The accessory dwelling unit is located above a garage. 9. An accessory dwelling unit may not be approved on a reduced size lot created to meet . the minimum workforce housing requirements of Chapter 17.02, BMC. Ordinance # 1709: Effective August 15, 2007. Pao-e 40-2 to . . . C. The applicant shall comply with Building Department standards. 18.40.040 ADULT BUSINESSES In addition to the requirements to be followed for all development established in this title, the following requirements shall apply to all adult businesses. A. An adult business must be separated by at least a 500-foot radius from any other adult use, residence, residential district, school, place of worship, public park or any youth-oriented establishment. Subsequent establishment of one of the above listed uses within the required separation radius does not compel the relocation of an adult business. 18.40.050 ALCOHOL SALES FOR ON PREMISE CONSUMPTION Alcohol sales for on premise consumption, on either a temporary or permanent basis, may not be conducted on the same lot or premises where an adult business or auto retail fuel sale is permitted. 18.40.060 AUTOMOBILE REPAIR AND/OR FUEL SALES In addition to the requirements to be followed for all convenience uses as defined in this title, and provided in ~ 18.40.1 00 of this chapter, the following requirements shall apply to all service station and automobile uses as listed below. Compliance with all criteria listed below does not necessarily guarantee approval by the City. A. Gas pump and pump island canopies are to be located not closer than 10 feet to any side or rear property line. Design of the canopy shall architecturally match the design of the main building. All canopies shall be connected to the roof of the main structure unless otherwise approved. All lighting shall meet the lighting standards of this title. The maximum height of the canopy shall not exceed 18 feet. All signs must conform to the sign regulations of Chapter 18.52, BMC; All on-site activities, except those normally performed at the fuel pumps, are to be performed within a completely enclosed building; Where towing service is to be provided, a parking bay for the towing vehicle is to be provided. Vehicles that are either under repair or vehicles that have been repaired may be stored on a temporary basis, not to exceed seven days, and designated parking bays must be provided for each vehicle awaiting repairs. Vehicle storage areas are subject to the same screening requirements as parking lots; All lighting shall conform to Section 18.42.150; All structures approved under these standards shall be of a design character that is appropriate to the area in which they are to be constructed. Color renderings of buildings shall accompany each application and construction shall be in conformity thereto. Architectural detailing shall be consistent on all four sides of the building; All restroom entrances shall be screened from view of adjacent properties or street rights of-way by a decorative wall or landscaping, or shall be accessed from the inside of the main entrance to the building; No outside storage of, and no sale, lease or rental of trailers, trucks or similar equipment shall be permitted except as may be specifically allowed in that zone; Parking space for each service stall in the station shall be provided. Pump islands shall not be considered as service bays. Standing areas at pump islands and interior circulation areas shall not be used as parking areas in calculating required parking spaces; and Automotive Repair Facilities. 1. All repairs or painting shall be performed within a building; B. c. D. E. F. G. H. 1. Ordinance # 1709: Effective August 15,2007. page 40-3 2. No site plan shall be approved which exposes unassembled vehicles, auto repair activities or auto parts to any street or residential district; 3. Any facility shall be desi,bmed to contain and minimize noise and odors; and . 4. All facilities shall have a water quality facility (oil/water separator) as part of the water quality design for storm water runoff, and shall conform to Section 18.42.080. 18.40.070 AUTOMOBILE WASHING ESTABLISHMENT In addition to the requirements to be followed for all convenience uses, the following requirements shall apply to all auto washing establishments as listed below. A. All detergents must be biodegradable; B. Building surfaces shall be faced with masonry, brick, stucco, wood or some other permanent looking material; C. Trash and litter containers shall be emptied daily. In addition, the site shall be patrolled at least once daily in order to remove litter; D. Sale of automobile accessories such as batteries, tires, gasoline, etc. is prohibited during any period when establishment employees are not present; and E. Canopies are to be located not closer than 10 feet to any side or rear property line. Design of the canopy shall architecturally match the design of the main building. All lighting shall meet the lighting standards of this title. The maximum height of the canopy shall not exceed 18 feet. All signs must conform to the sign regulations of Chapter 18.52, BMC. 18.40.080 CEMETERIES A. B. Total site area, including business office and storage building, shall be a minimum of 40 acres, of which at least 10 acres shall be subdivided and developed in the initial plot. The cemetery may include accessory uses such as a chapel, mortuary, office, mausoleum and those industrial uses which are incidental to the operation of a cemetery. Industrial uses may include such things as the manufacture of burial vaults and headstone foundations, provided all of the products are used on the site and are not offered for sale and use elsewhere. The cemetery shall not include uses of an industrial nature other than those stated in this section. . 18.40.090 CONDOMINIUMS A. B. D. c. Unit Ownership Act. Condominium developments shall comply with all provisions of the Unit Ownership Act, pO-23-102 et seq., MCA, and all regulations adopted pursuant thereto. Condominium Association. A condominium association shall be established for each condominium development. The developer shall prepare bylaws for the condominium association, as well as covenants, conditions and restrictions for the condominium development, in compliance with Chapter 18.72 of this title. The bylaws, covenants, conditions and restrictions shall be submitted to the City for review and approval prior to the 6'Tanting of final site plan approval. Internal circulation in a condominium development shall be designed in accordance with Chapter 18.46, and shall not have to comply with Section 18.44.020. Condominiums may be subject to Chapter 17.02, BMC. 18.40.100 CONVENIENCE USES AND DRIVE THROUGH/DRIVE IN RESTAURANTS A. Architectural Guidelines. . 1. AlJ convenience uses shall be designed with an architectural and design character that is appropriate for and compatible with the area, and shall also comply with all applicable Ordinance # 1709: Effective August 15, 2007. page 40-4 design standards and guidelines including the Design Objectives Plan for entry way corridors; Use of standardized corporate identification themes integrated into the architectural design is generally not acceptable. Excessive use of such themes may be used as grounds for denial of the project; When located in shopping centers, the architectural character of the building shall be integrated with the design theme of the center through the use of the same building materials, shapes and details. The effect of color in creating a desi!-:,'1l character that is appropriate for and compatible with the area will be considered. All parking, circulation, driveways, setbacks and sign age shall be integrated with the entire design theme of the project; and The elevation design of the building shall provide design character and detailing on all four sides. B. Noise from drive through speakers shall not be audible from adjacent residential districts. . . . 18.40.110 A. B. 2. 3. 4. HOME BASED BUSINESSES Generally. A home based business is a use that is considered accessory to a dwelling unit. Buildings combining live/work arrangements located in districts where both the residential and nonresidential uses to be combined are permitted are not subject to the requirements of this sectJon. Home Based Business as Accessory Use 1. The use shall be clearly incidental and secondary to the use of the dwelling for residential purposes and shall not change the character of the dwelling or adversely affect the uses permitted in the residential district of which it is a part. The home based business may not be conducted in an accessory structure, and shall comply with the standards of subsection C below. 2. Purpose. It is in the intent of this section to eliminate as accessory home based businesses for all uses except those that conform to the standards set forth in this section. In general, an accessory home based business is a use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence with the exception of permitted signage as allowed by Chapter 18.52, BMC. The standards for home based businesses included in this section are intended to insure compatibility with other permitted uses and with the residential character of the neighborhood. A clearly accessory or incidental status in relation to the residential use of the main building is the criteria for determining whether a proposed accessory use qualifies as an of right home based business. 3. Necessary Conditions for Accessory Use. Accessory home based businesses are permitted accessory uses in residential districts only so long as all the following conditions are observed: a. Such home based business shall be conducted by resident occupants in their residence with not more than one on-premise halftime nonresident employee; b. No mote than 25 percent of the gross area of all structures shall be used for such purpose; c. No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure; Ordinance # 1709: Effective August 15,2007. page 40-5 d. No home based business shall cause an increase in the use of anyone or more utilities (water, sewer, garbage, ete.) so that the combined total use for dwelling . and home based business purposes exceeds the average for residences in the neighborhood; e. There shall be no outside storage of any kind related to the home based business; f. The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. Depending on the individual circumstances of each application, an additional off-street parking space may be required; and g. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home based business exists. 4. Notice of Intent to Operate an Accessory Home Based Business. Any individual applying for a business license, with the intent of operating the business from his/her home, shall acknowledge by signature his/her understanding of the requirements and conditions of this title. C. Home Based Business as Conditional Use. 1. Purpose. The use shall be secondary to the use of the lot for residential purposes and shall not be incompatible with the character of the zoning district thereof or adversely affect the principal uses permitted in the residential district of which it is a part. When a home based business has been established through the CUP process, it means that the owner, lessee or other persons who have a legal right to the use of the dwelling also have . the right to conduct the home based business whether in the principal or an accessory structure. The home based business shall comply with the standards of subsection C.3 below. 2. Conditional Use. It is the intent of this section to provide, through the conditional use process established in Chapter 18.34, BMC, opportunities for home based businesses which are more intensive in nature than those which would be allowed as an accessory use. In general, a home based business approved through the conditional use process is an accessory use which complies with the requirements of this title and is subordinate to the primary use of the particular lot for residential purposes. The standards for home based businesses included in this section are intended to insure compatibility with other permitted uses and with the residential character of the neighborhood. A secondary, but not incidental, status in relation to the residential use of the main building is the criteria for determining whether a proposed use may, under certain circumstances, qualify as a home based business which may be approved by the conditional use process. As stated in ~18.34.010, BMC, conditional uses start from the presumption that they are incompatible with the zoning district but may under specific and limited conditions become compatible. Unless such conditions are found, there is no right to the practice of a home based business which does not comply with the terms of an accessory home based businesses as listed in this section. Necessary Conditions for Conditional Use. Home based businesses permitted through the conditional use permit process are allowed in residential districts only so long as all the following conditions are observed: a. Such home based business shall be conducted by resident occupants with not:more than one on-premise halftime nonresident employee; 3. . Ordinance # 1709: Effective August 15, 2007. Paete 40-6 to . b. No more than 30 percent of the gross area of all structures shall be used for such purpose; No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure beyond that allowed in a residential use; No home based business shall cause an increase in the use of anyone or more utilities operated by the City of Bozeman so that the combined total use for dwelling and home based business purposes exceeds the average for residences in the neighborhood; There shall be no outside storage of any kind related to the home based business; No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that allowed by this title; Home based business by conditional use permit may only be allowed on lots occupied by single-household detached dwellings; Such conditional use shall be subject to all conditions set forth in this title, except the provisions of ~ 18.48.060, BMC, Landscape Performance Standards; and All permits required by the City, including, but not limited to, building permits and business licenses, shall be received prior to establishing the home based business. c. d. e. f. g. h. 1. 4. Home Based Business Allowed Through a Conditional Use Permit. Any individual seeking to operate a home based business, which is !,lTeater in scope than that allowed by an accessory home based business, shall make application for a conditional use permit under the terms of Chapter 18.34, BMC. The Planning Director shall determine if a home based business requires a conditional use permit. Complaints. Complaints by citizens of Bozeman may be cause for termination of the home based business. However, should such complaint be flied, the operator is entitled to an appeal to the City Commission for a public hearing. The City Commission shall determine whether or not the filed complaint identifies sufficient violation of this title to warrant termination or modification of the home based business. E. Uses That Are Prohibited. The following uses, by the nature of their character or the investment of operation, have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home based businesses and thereby impair the use and value of a residentially zoned area for residential purposes. Therefore, the following uses shall not be permitted as home based businesses: adult businesses; auto repair, minor or major; carpentry work; dance instruction; dental offices; medical offices; mobile oil and lube services; painting of vehicles, trailers or boats; private schools with organized classes; radio or television repair; and upholstering. F. Appeal to City Commission. Any person may appeal the Planning Director's action relating to a home based business to the City Commission as provided for by Chapter 18.66, BMC. . D. 18.40.120 MANUFACTURED HOME COMMUNITIES . Manufactured home communities are included in the state classification of land subdivisions by rent or lease. Therefore, applicants for such developments shall apply for and be reviewed under both site plan and subdivision procedures. These will be reviewed concurrently when appropriate. All standards of this title are applicable unless explicitly waived. Ordinance # 1709: Effective August 15,2007. page 40-7 A. State of Montana Requirements. All manufactured home commumtles developed under this section shall comply with Montana State Department of Public Health and Human Services, Department of Environmental Quality and any other applicable state regulations. Prior to final . approval for a manufactured home community, copies of approval letters from relevant state agencies shall be submitted or compliance with all applicable regulations shall be certified by a professional civil engineer licensed by the State of Montana. B. Lot Improvements. The location of boundaries of each manufactured home lot for rent or lease shall be clearly and permanently marked on the ground with flush stakes, markers or other suitable means. The location marked must be closely approximate to those depicted on the approved plans. 1. -Utility Hookup. Every manufactured home shall be permanently connected to electric power, water supply, sewage disposal, gas and telephone service lines in compliance with applicable City codes, and all utility distribution and service lines shall be installed underground. 2. Permanent Foundations and Anchoring. All manufactured homes shall be required to be tied or otherwise physically anchored to an approved permanent concrete foundation. Building permits for foundations and anchoring, issued through the City Building Department in accordance with the adopted International Building Code, are required. The method of anchoring and foundations shall be specified as part of the required preliminary development review. 3. Maintenance. a. There shall be no exposed outdoor storage of furniture (except lawn furniture), household goods, tools, equipment, or building materials or supplies. No manufactured home may be parked on a public or private street for more than twenty-four hours. An abandoned, burned or wrecked manufactured home must be secured against cntry as directed by the Fire Marshall and may not be kept on a lot for more than forty-five days. Each manufactured home must bear an insibrnia which attests that the construction of the manufactured home mects regulation A 119.1 of the American National Standards Institute (adopted by the U.S. Department of Housing and Urban Development), or be certified as meeting the Mobile Home Construction and Safety Standards of the tJ .S. Department of Housing and Urban Development. Within twenty-one days of placement, standard manufactured home skirting of fire-resistive material similar in character to that of the manufactured home must be provided around the entire perimeter of the manufactured home between the bottom of the body of the manufactured home and the ground, except where the running gear has been removed and the manufactured home itself is attached dircctly to the permanent foundation. All required front yards of lots for rent or lease for manufactured homes shall be fully landscaped. All private, commonly owned recreation areas not devoted to buildings, structures, surfaced courts, sand boxes, etc. shall be landscaped and irrigated. . b. . c. d. e. f. g. Ordinance # 1709: Effective August 15, 2007. page 40-8 4. Manufactured home lots for rent or lease shall be arranged to permit the practical placement and removal of manufactured homes. Every lot for rent or lease must front on a public or private street. Permits and Inspections. 1. Owner's and Agent's Responsibilit;y. It shall be the responsibility of the individual property owners or, in the case of a rental community, the managers of the rental community to see that all sections of this article are complied with, including requirements relative to placement of manufactured homes, and all required permits. 2. Move In Permit Required. All manufactured homes moved into the City must be issued a move-in permit, pursuant to this section, and be inspected by the City Building Official, prior to gas and electric service being turned on by the servicing utility. A copy of the original sales contract shall be available for permit informational purposes. 3. City Inspection Required. a. The required inspections for manufactured homes shall include: onsite utilities requirements including gas, electric, sewer and water; setback requirements; and off-street parking requirements. Fees for these have been established by the City Commission by resolution. b. 1 t is unlawful for any person, firm, corporation or agency to turn on, or allow to be turned on, any gas or electric service without an inspection and clearance from the City Building Official. 4. Non-Manufactured Home Improvements Subject to the International Buildin~ Code. Permits must be obtained for additions, alterations, canopies, carports, storage areas and detached refrigeration units that were not included in the original sale of the manufactured home unit, fees for which are set by the International Building Code and Uniform Mechanical Code. D. Plans. The preliminary and final plans shall accurately depict: 1. All proposed and required landscaping; 2. Locations of storage areas for recreational vehicles and other chattels of the residents; 3. A layout of typical lots for rent or lease showing the location and dimensions of the lot, manufactured home stand, driveway and parking spaces; 4. Mail delivery area; and 5. Foundation and anchoring details. E. A permanent enclosure for temporary storage of garbage, refuse and other waste material shall be provided for every manufactured home space. If trash dumpsters are to be used, they shall be centrally and conveniently located, shall not be located in any front yard, and shall otherwise comply with the requirements of this title. F. Landscaping may be required by the City Commission to provide a buffer between manufactured home communities and adjacent uses, and to enhance the appearance of the development. The landscaping may be interspersed with a fence or wall. Specific perimeter landscape/buffering treatments shall be determined on a case-by case basis, with the City considering appropriate factors such as the nature of adjacent uses, noise and proximity to busy streets. . . . G. c. Recreation Areas. At a minimum, the amount oEland required to be dedicated under ~18.50.020, BMC, shall be reserved as park or recreation area. Recreation areas may include space for community recreation buildings and facilities. Ordinance # 1709: Effective August 15,2007. page 40-9 1. Public access through the recreation area may be required, through the provision of a written public access easement, if it is determined by the City commission that public access is necessary to ensure public access through the private recreational area from . adjoining properties to nearby or adjacent public parks. H. Accessory Buildings. Accessory buildings for individual dwellings are subject to ~ 18.38.050, BMC. 18.40.130 MANUFACTURED HOMES ON INDIVIDUAL LOTS A. Intent. It is the intent of this section to allow manufactured homes, as defined in Chapter 18.80, BMC, in specified zoning districts in which similar single-household dwellings constructed on the site are permitted subject to requirements and procedures set forth herein to assure acceptable similarity in exterior appearances between such manufactured homes and dwellings that have been or might be constructed under these and other regulations on adjacent lots in the same district or area. It is the intent of this section to permit only those manufactured homes certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. B. Appbcation. Material to be Supplied. One copy of the application for the proposed manufactured home on the individual building lot shall be submitted to the Building Department in conjunction with the application for a building permit for the building foundation. The application shall include all information as deemed necessary by the Planning Director to make determinations as to conformity with subsection C of this section, and it shall include a minimum of color photographs of all sides of the manufactured home, of the nearest existing residences or other grounds or buildings on each side of the proposed site, and of existing residences or grounds fronting upon the same street as the proposed site and opposite . thereto, and also including those within 150 feet of each corner of the proposed site. As a minimum requirement, it shall also include a description of siding and roofing material in sufficient detail as to make possible determination as to its appearance and durability. C. Standards for Determination of Acceptable Similarity in Exterior Appearance and Construction. The following standards shall be used in determinations of acceptable similarity in appearance and construction between manufactured homes with permanent foundations and residences constructed near the site to assure that such manufactured homes will be compatible in appearance with site built housing that has been or may be constructed in adjacent or nearby locations. 1. No manufactured homes shall have fenestration or other features that will be incompatible in the residential neighborhood. 2. The roof shall have sloping lines with eaves, such as gable, mansard and shed style roofs or shall be compatible with conventionally built homes in the surrounding areas. The pitch of the main roof shall not be less than 1 foot of rise for each 4 feet of horizontal run. Minimum distance from eaves to ridge shall be 10 feet. 3. The roofing material shall be shake, tile, composition shingle, or other materials commonly found on conventionally built homes in the surrounding areas. 4. The exterior covering material shall be similar or closely compatible to that found on conventionally built residential structures in the surrounding area. Reflection from such exterior shall not be greater than from siding coated with clean, white, gloss, exterior enamel. The exterior covering material shall extend below the top of the foundation. A solid concrete or masonry perimeter foundation shall be used. 5. . 6. Ordinance # 1709: Effective August 15,2007. page 40-10 D. 7. The exterior covering and roofing materials of the garage(s), carport(s) and accessory buildings shall be compatible with the materials on the manufactured home. 8. The finished floor shall be a maximum of 24 inches above the exterior finished grade of the lot, or similar to the conventionally built homes in the surrounding area. 9. The manufactured home shall be located on the lot so that the home presents a primary entrance to the principal street frontage. Such primary entrance may be established by the presence of porches, overhanging gables, and similar architectural features consistent with the character of site built homes in the near vicinity. 10. Manufactured homes on permanent foundations shall meet all the property development standards for the zone in which they shall be located. These standards include, but are not limited to: lot area and dimension; area per dwelling unit; front, rear and side yard setbacks; building height, lot coverage, location of accessory buildings; and offstreet parking. 11. Manufactured homes located within the Neighborhood Conservation Overlay District shall be subject to review for a certificate of appropriateness under the same standards for architectural compatibility as other homes. 12. Manufactured homes shall be approved for location on individual building lots only if they have been certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. Actions by Planning Director. Upon receipt of an application as required by subsection B of this section, the Planning Director shall make a decision to approve or disapprove of the application within fifteen working days, or he may make referral to the City Commission. Referrals to the City Commission shall be placed on the agenda for its regular meeting. Within five working days after receipt of recommendations from the City Commission, the Planning Director shall make a determination as to conformity with subsection C of this section, notifying the applicants of approval or disapproval. In the case of disapproval, the reasons therefore shall be stated in writing. . . 18.40.140 MINI WAREHOUSES A. Minimum site size shall be one acre. B. On~Site Circulation. Drives and Parking. 1. Each mini warehouse site shall provide a minimum of 2 exits; 2. All one~way driveways shall provide for one la-foot parking lane and one 12-foot travel lane. Traffic direction and parking shall be designated by signing or painting; All two-way driveways shall provide for one 10-foot parking lane and two 10-foot travel lanes; and 3. 4. The parking lanes may he eliminated when the driveway does not serve storage cubicles. . 18.40.150 OUTDOOR SALES AND DISPLAY A. Merchandise which is offered for direct sale, rental or lease to the ultimate consumer or user may be displayed beyond the confines of a building in any commercial district, but the area occupied by such outdoor display shall not constitute a greater number of square feet than 10 percent of the ground floor area of the building housing the principal use, unless such merchandise is a type customarily displayed outdoors such as automobiles and garden supplies. In such cases, the maximum area for outdoor sales and display shall not exceed 50 percent of the total lot area. Ordinance # 1709: Effective August 15,2007. page 40-11 B. Outdoor sales and display areas shall not be located in any required yard and is also subject to ~18.42.160, BMC. 18.40.160 PORTABLE CARRY - OUT FOOD AND BEVERAGE BUILDINGS A A $10,000 site bond must be secured on the property. In addition, evidence of liability insurance, with coverage of $1,000,000 per occurrence, shall be furnished by the owner. B. Electrical service must be installed underground, in compliance with all electrical service codes, subject to approval by the Building Department. C. Structures shall not exceed 80 square feet in size. All structures must be on an improved asphalt or concrete surface, be anchored to resist accidental movement, be placed upon approved footings and have a fully electrically bonded frame. No structure shall have an axle. Enclosed trailers must remove the axle, be secured to resist accidental movement, with all related supports cosmetically covered with an approved material. D. Not more than one portable structure may be placed on a zone lot (individual property or contiguous properties held in common ownership). Portable structures shall be placed in a manner so as not to interfere with normal vehicle and pedestrian circulation patterns or required emergency access. Nor shall such structures be placed in a manner that eliminates or interferes with the use of required parking spaces. E. Requests for special temporary use permits shall be subject to review and must be approved by the appropriate City department representatives, including but not limited to City Engineer, Fire Marshal, City Building Official and Planning Director. Permit coordination and final issuance shall be by the Planning Director. A Special Temporary Use Permit for Portable Carry-Out Food and Beverage buildings shall be valid for a period of one year, and may be renewed annually thereafter only if all regulations and requirements are strictly complied with on a continuing basis. F. Operations shall be subject to all licensing requirements of the Gallatin City-County Health Board. Documentation of such licensing, including a copy of plans for water supply and disposal, shall be provided to the planning director prior to permitting. G. The City of Bozeman reserves the right to revoke or terminate this permit at any time by giving 30 days written notice of such revocation or termination, except that the City may, at its election, revoke or terminate the permit at any time without giving any notice if the owner fails to comply with or abide by each and all of the terms and conditions of the permit. H. Portable food and beverage buildings as described herein shall not be subject to certificate of appropriateness requirements for the neighborhood conservation and entryway corridors overlay districts. 18.40.170 RECREATIONAL VEHICLE PARK AND OVERNIGHT CAMPGROUND . . Recreational vehicle parks and overnight campgrounds are included in the state classification of land subdivisions by rent or lease. Therefore, applicants for such developments shall apply for and be reviewed under both site plan and subdivision procedures. A Recreational vehicle parks shall be screened from view of any adjacent residential development. B. Internal circulation roads shall be paved with a concrete or asphaltic concrete surface. C. Individual recreational vehicle parking pads shall be plainly marked and maintained with a dust free surface. D. Individual recreational vehicle parking pads shall be set back at least 30 feet from the perimeter . of the park and 30 feet from any public street right-of-way. Ordinance # 1709: Effective August 15, 2007. page 40-12 . . . E. Approved trash disposal, bathroom and laundry facilities, including facilities for the handicapped, shall be provided for use of overnight campers. Recreational vehicles spaces shall be separated by no less than 15 feet and shall be no less than 1,500 square feet in area. Land proposed for use for a recreational vehicle park must have a R-S, Residential Suburban District or a RMH, Residential Manufactured Home Community District zoning designation. Recreational vehicle parks are a principal use in the RMH district and a conditional use in the R- S district. F. G. 18.40.180 LARGE SCALE RETAIL, SIZE LIMITATIONS AND DESIGN AND SITE DEVELOPMENT GUIDELINES AND REQUIREMENTS A. Purpose. 1. The purpose of this section is to establish general development standards for large scale retail developments. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents living within the City of Bozeman. 2. These standards are also intended to be used as guidelines for evaluating and assessing the quality and design of proposed large scale retail developments. The particulars of any large scale retail developments will be evaluated against their respective standards contained in this chapter. It is expected that the quality and design of the large scale retail developments, while not necessarily complying with the exact standards of this chapter, will meet or exceed the intent behind these standards. 3. Applicability. All uses listed in this chapter shall be subject to the specific standards described for each use, in addition to all other applicable standards which may apply. Limitations on Size of Retail Stores. B. c. 1. No retail building, utilized by a single tenant, shall exceed 75,000 square feet. 2. Retail development consisting of one or more single tenant building(s) greater than 40,000 square feet may offer for direct sale to the public merchandise, which is displayed outdoors, but the area occupied by such outdoor sales and storage, exclusive of warehouses, shall not exceed 25 percent of the total square footage of the retail building(s) and shall also comply with ~18.40.150, BMC. 3. Notwithstanding ~18.40.180.B.1 and ~18.40.180.B.2, BMC, when an otherwise lawful retail building, in excess of 75,000 square feet, exists as of March 21, 2003, such building shall be considered a development nonconformity. Said building may be continued, structurally altered, repaired or reconstructed so long as it is not increased, extended or enlarged beyond the gross floor area of the building that existed on March 21, 2003. To the extent practicable, the desib'TI and site development guidelines of this section shall be applied to any alteration, reconstruction or repair that takes place after March 21, 2003. 4. The following principal uses are exempt, as they pertain to outdoor sales and storage: a. Recreation vehicle sales and auto sales; b. Agricultural implement sales; i.e., tractors, cultivators, balers, etc.; and c. Plant nursery. Design and Site Development Guidelines for Certain Retail Developments. 1. Retail development consisting of a single tenant building greater than 40,000 square feet shall be subject to the design and site development criteria and development standards Ordinance # 1709: Effective August 15, 2007. page 40-13 2. contained in subsection 5 and 6 below. These guidelines shall be applied as part of the review and approval process for use permits and detailed applications. For developments in the entryway corridor, which are also subject to the design guidelines in . Chapter 18.30, BMC, if there is any conflict between the guidelines, the more restrictive guideline shall apply. The guidelines in this section shall not be applied to any development or portion of a development that is covered by an approved use permit as of March 21, 2003, unless modifications to the use permit are proposed by the applicant. Intent and Purpose. All new construction of retail buildings described in subsection A above will be subject to design review. It is the intent and purpose of this section to ensure the quality of retail development will enhance the impression and enjoyment of the community both by guiding development and change that occurs after the adoption of the ordinance codified in this section, and by stimulating and assisting, in conjunction with other provisions of this title, improvements in signage, landscaping, access and other contributing elements of retail development appearance and function. It is further the int~nt of this section to establish desibrtl criteria, standards and review procedures that will allow the City and its advisory boards and agencies to review and direct, in a fair and equitable manner, the development and redevelopment of future and existing properties and facilities governed by this section. The recommendations of the Design Review Board or administrative design review staff shall be given careful consideration in the final action of any agency, board or commission involved in decisions involving retail developments governed by this chapter. The Design Review Board and administrative design review staff shall have the powers and duties provided by this title in considering applications subject to this chapter. Certificate of Appropriateness. A certificate of appropriateness, received from the City . Commission, with a recommendation by the Desibrtl Review Board, shall be required as a condition of site plan approval for any development governed by this section. Application, review and public notice procedures for proposals governed by this section are set forth in Chapter 18.76, BMC, Noticing, and Chapter 18.34, BMC, Review Procedures for Site Development. A denial of a certificate shall be accompanied by a written statement of reasons for the denial. Design Criteria and Development Standards. In addition to all other applicable review procedures and desi!:,rtl criteria, all development governed by this section shall exceed desibJ11 criteria and development standards contained in Chapter 18.30, BMC, Emryway Overlay District, including the general design objectives and guidelines contained in the adopted or updated Design Objectives Plan, regardless of location or zoning district. Said desibJ11 criteria and development standards shall be exceeded through design practices such as additional architectural detailing, exceptional landscape design, improved public spaces, use of renewable energy and/or recycled construction materials, and provisions for alternative modes of transportation. The City Commission shall determine whether established design criteria and development standards have been exceeded based on a recommendation from the Design Review Board. Adaptability for Reuse/Compartmentalization. The building design shall include specific elements for adaptation for multi-tenant reuse. Such elements may include but are not limited to compartmentalized construction, including plumbing, electrical service, heating, ventilation and air conditioning. The building desibJ11 shall also allow for: a. The interior subdivision of the structure into separate tenancies; . b. Facades that readily adapt to multiple entrances and adapt to entrances on all but one side of the building; 3. 4. 5. 6. Ordinance # 1709: Effective August 15, 2007. page 40-14 . Parking lot schemes that are shared by establishments or are linked by safe and functional pedestrian connections; Landscaping schemes that complement the multiple entrance design; and Other elements of design which facilitate the multi-tenant reuse of the building and site. 7. Appeals. Appeals may be taken as provided for in Chapter 18.66, BMC. D. Additional Criteria and Site Development Guidelines for Certain Retail Developments. 1. .A pplications for large scale retail development shall include a renewal plan that will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the structure in the event of closure or relocation by the original occupant. Such plan will be approved if the City Commission finds that: c. d. e. E. a. The plan conforms to the City's growth policy and the requirements of this title or parts thereof for the municipality as a whole; b. A sound and adequate plan exists for said redevelopment; c. The plan affords maximum opportunity for rehabilitation or redevelopment of the structure by both private enterprise and the City; and d. The renewal plan provides a maintenance plan for normal repairs and upkeep of property, including but not limited to building, parking lot and surfacing, landscaping, signage and elimination of legible impressions, images, or remnants of signs remaining on a building or sign surface after the use for which the sign was permitted ceases to operate. 2. The City may enter into a development agreement with the owner of the real property and undertake activities, including the acquisition, removal or demolition of structures, improvements or personal property located on the real property, to prepare the property for redevelopment. A development agreement entered into in accordance with this section must contain provisions obligating the owner to redevelop the real property for a specified use consistent with the provisions of this title and offering recourse to the City if the redevelopment is not completed as determined by the City. Review. The provisions of this section shall be reviewed by the Commission in five years and updated as needed. . . 18.40.190 STABLE, COMMERCIAL A. The minimum property size shall be ten acres. B. Structures or facilities used for stabling, storing, showing or training of animals shall be set back a minimum of 100 feet from any adjacent privately owned property. Dwelling units, accessory structures incidental to dwelling units and irrigated pasturage may occur within the 1 DO-foot setback area subject to the sethack requirements of the applicable zoning district. C. There shall be at least a 20-foot yard adjacent to any street. D. There shall be no shows or other activities which would generate more traffic than is normal to a residential area, unless the proposed site has direct access from an arterial street as set forth in the Bozeman growth policy. Permission for such shows and activities shall be obtained from the City. Notification shall be provided in a letter that explains the nature and duration of the activity, and accommodations for spectators, traffic control and additional parking for cars and trailers. This letter shall he submitted to the Planning Director at least one month prior to the date of the show or activity. Ordinance # 1709: Effective August 15, 2007. page 40-15 E. All pasture and animal storage areas shall be enclosed with fences or walls of a minimum of 4 feet, 6 inches in height. The design of these enclosures shall be shown on drawings submitted . with the conditional use permit application. F. All laws applicable to the public health and appropriate care of animals must be complied with for the entire period of operation of the stable. G. All activity and pasture areas that are not grassed shall be treated for dust control as approved by the Planning Director. H. Adequate parking for daily activities shall be shown on the site plan and improved to City parking standards. Additional parking, improved as determined by the Planning Director, shall be provided for shows or other special events. 18.40.200 TENNIS AND RACQUET CLUB A. The use will be compatible with any adjacent neighborhood and will not be detrimental to the same due to: 1. Increased automobile traffic; 2. Noise generated from within the site. B. Perimeter fencing of the site may be required, fencing of outdoor courts shall not exceed 16 feet in height, and fencing may be required to be opaque by the Planning Director or City Commission. C. When the club is located within a residential zoning district, there shall be no shows, tournaments or other activity which would generate more traffic than is normal to a residential area, unless access is provided from an arterial street as set forth in the Bozeman growth policy. If access is not provided from an arterial street, permission for such shows and activities shall be . obtained from the City Commission. Permission shall be requested in a letter with a site sketch that explains the nature and duration of the activity and accommodations for spectators, additional parking and traffic control. This letter shall be submitted to the Clerk of the Commission for City Commission consideration. D. There shall be a landscaped 50-foot buffer strip adjacent to any residential zoning district, or as otherwise determined by the ADR or DRB. E. Hours of operation may be controlled by the City Commission. 18.40.210 COMMUNITY CENTER A. There shall be public street access on to an arterial or collector standard street within one block of the community center site. B. There shall be a 20 foot landscaped yard adjacent to any residential property. C. Each community center site shall provide a minimum of 2 inb'Tess/ egress points which comply with Section 18.44.090. . Ordinance # 1709: Effective August 15, 2007. page 40-16 . . . CHAPTER 18.42 DEVELOPMENT STANDARDS 18.42.010 GENERAL STANDARDS A. Conformance. The design and development of all land uses shall conform to this title, adopted 6YTowth policies, any relevant adopted neighborhood or subarea plan, and other resolutions and regulations, including any and all amendments thereto. B. Natural Environment. The design and development of all land uses shall be properly related to topography, and should, to the extent possible, preserve the natural terrain, natural drainage, existing topsoil, trees and other existing vegetation. C. Lands Unsuitable for Development. Land which the Planning Director or City Commission has found to be unsuitable for development because of potential hazards such as flooding, land slides, excessive slope, rock falls, subsidence, high water table, presence of wetlands; or because of unreasonable burdens on the general public such as requirements for the excessive expenditure of public funds, environmental de6YTadation, or congestion in the streets or roads shall not be used for building or residential purposes unless the hazards or excessive public burdens are eliminated or will be overcome by appropriate design and construction plans. Slopes of 25 percent or 6YTeater shall be presumed unbuildable unless proved otherwise by the developer. 18.42.020 NEIGHBORHOOD CENTERS To provide a neighborhood focal point, all residential subdivisions or planned unit developments, that are 10 net acres in size or greater, shall have a neighborhood center. Developments may be exempted from this requirement if every lot within the development is within one-half mile of an existing neighborhood center. Generally, the center shall be no less than one acre in size. The center shall be comprised of a park, square, green, plaza, transit stop, neighborhood commercial center, civic use or any combination of these. The following requirements shall apply to all neighborhood centers: A. The geographic center point of the neighborhood center shall be no further than 600 feet from the geographic center point of the development. This requirement may be waived in the following circumstances: 1. The development would create parcels that are all nonresidential; 2. The center is a neighborhood commercial center or is adjacent to a neighborhood commercial center; 3. The site is constrained by the presence of critical lands; 4. The site is part of an approved subarea plan that shows the center in a different location; or B. 5. The topography of the site presents physical constraints on the property. With the exception of civic and neighborhood commercial center uses, the developer shall be responsible for installing all center-related improvements as part of the required development improvements. Improvements shall be installed with each phase when a multi-phase project is developed. Required improvements shall be based on the definition of each feature found in Chapter 18.80, BMC, andlor City standards. The neighborhood center shall have frontage along 100 percent of its perimeter on public or private streets or roads. The City may consider and approve the installation of streets along c. Ordinance # 1709: Effective August 15,2007. page 42-1 less than 100 percent, but not less than 50 percent, of the perimeter in accordance with Section 18.50.060. With the exception of civic and neighborhood commercial center buildings and grounds, the center shall be considered a common area to be owned and maintained by the property owners or a property owners association. The property owners association could establish an improvement district to collect assessments to pay for the maintenance. Areas within neighborhood centers used for park, square, 6'Teen and/or square, that meet the following criteria, may count towards park land dedication requirements subject to review and approval by the City Commission, after receiving a recommendation from the Bozeman Recreation and Parks Advisory Board: 1. The area is predominantly open space with enhanced natural features, but may contain amenities such as sidewalks, seating, drinking and ornamental fountains and public art; and 2. The area provides active and/or passive recreation opportunities. F. The neighborhood center may be used for limited stormwater retention/detention facilities if reviewed and approved by the City Engineer. However, any part of the center used for stormwater management shall not count towards park dedication requirements. D . E 18.42.030 LOT A. Dimensions and Orientation. Lot size, width, shape and orientation shall be appropriate for the location and contemplated use of the development. In residential developments, a variety of lot sizes shall be provided to facilitate housing diversity and choice, and to meet the projected requirements of people with different housing needs. Lot designs with irregular shapes, narrow necks, points and flag shapes shall be permitted only when the developer can demonstrate that . the proposed lot designs are necessary due to topo6'Taphy or other physical constraints. Each lot shall contain a satisfactory building site adequate for the uses permitted in its zoning district. Each lot shall conform to this title, any growth policies, any relevant neighborhood or subarea plan, where officially adopted, and to any applicable regulations of the Montana Department of Environmental Quality. B. Division by Rights-of-Way. No single lot shall be divided by a public street, alley, or public or private utility right-of-way or easement, which would reduce the amount of buildable land to less than the minimum lot size required by this title for the applicable zoning district C. Double/Through and Reverse Frontage. Double/through frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from arterial streets; to provide access to development adjacent to limited access streets; to overcome topob'Taphy or other physical conditions; or to overcome specific disadvantages of existing design and orientation. Lots fronting on a street and an alley shall not be considered double/ through or reverse frontage lots. D. Corner Lots. Corner lots shall have sufficient width to permit appropriate building setbacks from both streets and provide acceptable visibility for traffic safety. 1. Generally, homes on corner lots shall have the same orientation as homes on lots on the interior of the block, unless otherwise approved through an overall development plan. Covenants shall contain information regarding the orientation for all corner lots. E. Width. Lots shall have a width sufficient to allow normal construction without the construction encroaching on property lines, and shall comply with the building setback requirements of this . title. Ordinance # 1709: Effective August 15, 2007. page 42-2 Depth. Except for individual lots for individual townhomes, lots used to meet the requirements of Chapter 17.02,. BMC, and for modular lots as allowed by subsection 18.42.030.K of this chapter, no lot shall have an average depth !,lTeater than three times its average width. Side Lot Lines. Side lot lines shall be at substantially right angles to street or road lines and radial to curved street or road lines. 1. Frontage. Unless otherwise allowed by this title, all lots will have frontage in compliance with ~18.44.090.B, BMC to provide, among other things, adequate room for snow removal, lot access and utility easements. J. Civic Uses. If lots are reserved or identified for civic uses, these lots must be prominent sites at the termination of street vistas, or in the neighborhood center. K. Modular Lotting. To promote the development of diverse residential and commercial land uses, and to provide consumer choice and flexibility, a modular lotting system may be used when subdividing land. If a modular lotting system is used, the following requirements apply: 1. Lots shall generally be 25 feet in width; 2. Lots shall be no less than 125 feet and no more than 175 feet length; and 3. A water and sewer service shall be provided to every other lot, unless attached townhomes on individual lots are constructed, then a water and sewer services shall be provided for every lot. 4. Modular lots created under the provisions of this chapter shall remain in an ownership so that they comply with required zoning standards for area, width, ete. as required by ~18.60.030, 13MC. . . . F. G. L. Exceptions. Commonly owned lots used for accessory uses (i.e., stormwater management, open space, utilities) are exempt from the provisions of this section. 18.42.040 BLOCKS A. B. Size and Orientation. Blocks shall be designed to assure a high level of multimodal connectivity, traffic safety, and ease of traffic control and circulation; to accommodate the special needs of the use contemplated; and to take advantage of the limitations and opportunities of the topography. Block Length. Block length shall not be designed, unless otherwise impractical, to be more than 400 feet in length or less than 300 feet in length. Block lengths can be longer than 400 feet if necessary due to topography, the presence of critical lands, access control, or adjacency to existing parks or open space. In no case shall a block exceed 1,320 feet in length. Block Width. Blocks shall not be less than 200 feet or more than 400 feet in width, except where essential to provide separation of residential development from a traffic arterial or to overcome specific disadvantages of topo!,lTaphy and orientation. Rights~Of~Way for Pedestrians. Rights-of-way for pedestrian walks, not less than 10 feet wide, shall be required where deemed necessary to provide circulation or access to parks, open space, schools, playgrounds, shopping centers, transportation, and other community facilities. In addition, no continuous length of block shall exceed 600 feet without intersecting a street or pedestrian walk. Pedestrian walks shall also be installed at the end of cul-de-sacs where deemed appropriate. 1. Yards adjacent to pedestrian rights-of-way less than 30 feet wide shall be treated as corner side yards. Yards adjacent to pedestrian rights-of-way 30 feet wide or greater shall be treated as side yards; C. D. Ordinance # 1709: Effective August 15, 2007. page 42-3 2. The pedestrian walks shall be maintained by the adjacent property owner(s) or by the property owners association. The party responsible for maintenance of pedestrian walks shall be identified in the preliminary plat application; and . 3. Pedestrian walks shall be constructed as a City standard sidewalk, and the provisions of ~ 18.44.080, BMC shall apply. E. Developments which have clearly delineated blocks shall use block numbers or letters, and each block shall contain its own grouping of lot numbers. 18.42.050 UTILITIES A. Utilities shall be placed underground, wherever technically and economically feasible. Underground utilities, if placed in a street right-of-way, shall be installed after the street has been brought to grade and before it is surfaced. B. If overhead utility lines are used, they shall be located at the rear property line. e. Utility facilities shall be designed by utility firms in cooperation with the developer. The facilities are subject to all applicable laws, rules and regulations of the appropriate regulatory authorities. D. The developer shall provide adequate and appropriate utility easements in compliance with ~18.42.060 of this chapter. 18.42.060 EASEMENTS A. Required Easements. Where determined to be necessary, public andlor private easements shall be provided for private and public utilities, drainage, vehicular or pedestrian access, etc. 1. In subdivisions, all easements shall be described, dimensioned and shown on the final plat in their true and correct location. 2. In all other developments, the proper easements documents shall be prepared for review . and approval by the City of Bozeman, and filed at the County Clerk and Recorder's Office. The easement documents shall be accompanied by an exhibit indicating the dimensions, and true and correct location, of all easements. 3. No lot shall be encumbered by a public or private utility easement in a way that would decrease the amount of buildable land to less than the area required by this title for the applicable zoning district. B. Private Utility Easements. Private utilities include, but are not limited to, natural gas, electricity, telephone, cable and fiber optic lines. The developer shall provide private utility easements necessary to extend private utilities to the development, and to provide for the construction and maintenance of private utilities within the development. 1. General. a. Building setbacks shall be coordinated with all provided utility easements. If a utility easement will be greater than the building setback required by this title, a note to that effect shall be placed on the final plat andlor final site plan as appropnate. b. Where a utility easement is to be located in an existing, dedicated right~of~way, an encroachment permit 'must be obtained from the local or state street or road department having jurisdiction. c. If placed in a City right-of-way, easements shall be in a location required by and agreed upon in writing by all of the appropriate utility companies and the City . Commission. 2. Easement Si7.e. Ordinance # 1709: Effective August 15,2007. page 42~4 . . . c. a. Front Yard Utility Easements. Front yard utility easements shall be 10 feet wide, and shall always be provided unless written confirmation is submitted to the Planning Department from ALL utility companies providing service indicating that front yard easements are not needed. b. Rear Yard Utility Easements. The provision of rear yard utility easements is not mandatory unless they are required by any or all of the utility companies to adequately serve the development. If provided, rear yard utility easements on each lot shall be 6 feet wide if adjacent to a public alley and 10 feet if not adjacent to a public alley. c. Side Yard Utility Easements. The provision of side yard utility easements is not mandatory unless they are required by any or all of the utility companies to adequately serve the development. If provided, the width of the side yard utility easement shall be determined on a case-by-case basis based on the needs of the utility companies. 3. Private Utility Plans. a. When the concurrent construction option will be used, based on the provisions of ~18.74.030.D, BMC of this title, private utility plans shall be included with the preliminary PUD submittal. b. Private utility plans shall be provided with any plans and specifications submittals for the construction of new water, sewer or street infrastructure as specified in the City's Design Standards and Specifications Policy. 4. No building shall be constructed that encroaches on a private utility easement unless written approval from ALL utility companies is provided to the Planning Department. Public LJtility Easements. Public utilities include water, sewer and stormwater facilities that are dedicated to and maintained by the City of Bozeman. 1. A public utility easement shall be granted for all public utility mains not located within public street right-of-way. An easement shall be at least 30 feet wide for either one or two utility mains. An additional 10 feet of width is required for each additional main that occupies the easement. Wider easements may be required at the discretion of the City of Bozeman for large utility lines. 2. Public utility easements shall be provided for all meter pits and fire hydrants maintained by the City of Bozeman. 3. No permanent structures shall be placed within public utility easements unless an encroachment permit has been obtained from the City of Bozeman. Easements for Agricultural Water User Facilities. 1. Except as noted in subsection 2 below, the developer shall establish appropriate irrigation facility easements that: a. Are in locations of appropriate topographic characteristics and sufficient width to allow the physical placement and unobstructed maintenance of active open ditches or below ground pipelines. The easement shall facilitate the delivery of water for irrigation to persons and lands legally entitled to the water under an appropriated water right or permit of an irrigation district or other private or public entity formed to provide for the use of the water right; (1) The easements shall ensure the conveyance of irrigation water through the land to be developed to lands adjacent to or beyond the D. Ordinance # 1709: Effective August 15, 2007. page 42-5 development's boundaries in quantities and in a manner that are consistent with historic and legal rights; and (2) A minimum easement width of 10 feet is required on each side of . irrigation canals and ditches. . b. Are a sufficient distance from the centerline of the irrigation facility to allow for construction, repair, maintenance and inspection of the ditch or pipeline; and c. Prohibit the placement of structures or the planting of vegetation other than b'Tass within the irrigation facility easement without the written permission of the facility owner. The developer need not establish irrigation facility easements as provided above if the following provisions were met or will be met via the subdivision process: a. The average lot size is one acre or less and the subdivider provides for disclosure, in a manner acceptable to the City Commission, that adequately notifies potential buyers of lots that are classified as irrigated land and may continue to be assessed for irribration water delivery even though the water may not be deliverable; or b. The water rights are removed or the process has been initiated to remove the water rights from the subdivided land. If the water rights have been or will be removed from the land within the development it shall be denoted on the preliminary plat. If removal of water rights is not complete upon filing of the final plat, the subdivider shall provide written notification to prospective buyers of the intent to remove the water right and shall document that intent, when applicable, in agreements and legal documents for related sales transactions. The realignment or relocation of active irrigation ditches or pipelines is discouraged. If . an irrigation facility or points of diversions thereon is proposed to be realigned or relocated, the developer's professional engineer shall certify, prior to final plat or final plan approval, that the water entering and exiting the realib'lled or relocated irrigation facility is the same quality and amount of water that entered or exited the facility prior to realignment or relocation. Stormwater from a development shall not be discharged to an irrigation facility. . As land is converted from agricultural to urban uses, and irrigation ditches are no longer in use, the ditches shall be abandoned and filled. E. Other Easements. Public access easements for streets and trails shall be provided in accordance with the provisions of Chapters 1 S.44 and 1 S.50, BMC. 2. 3 4. 5. 18.42.070 MUNICIPAL WATER, SANITARY SEWER AND STORM SEWER SYSTEMS A. General. All municipal water supply, sanitary sewer and storm sewer system facilities shall comply with the following requirements: 1. The developer shall install complete municipal water and sanitary sewer system facilities, or a system allowed by ~18.38.030.D, BMC, and may be required by the City to install municipal storm sewer system facilities. These systems shall be installed in accordance with the requirements of State Department of Environmental Quality and the City of Bozeman, and shall conform with any applicable facilities plan. The City of Bozeman's requirements are contained in the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications, and by this reference these standards are incorporated into and made a pan of these . regulations. The developer shall submit plans and specifications for the proposed facilities to the City, and to the State Department of Environmental Quality, and shall Ordinance # 1709: Effective August 15, 2007. page 42-6 . . . B. obtain their approvals prior to commencing construction of any municipal water, sanitary sewer or storm sewer system facilities. 2. The cutting of any City street shall be done in compliance with the City's street cut policy. 3. When a proposed development adjoins undeveloped land, and municipal infrastructure mains would reasonably pass through the new development to the undeveloped land, municipal infrastructure mains shall be arranged to allow the suitable development of the adjoining undeveloped land. Municipal infrastructure mains within the proposed development shall be constructed to the boundary lines of the tract to be developed, unless prevented by topography or other physical conditions, in which case a subdivision variance must be approved by the City Commission. Municipal Water Supply System - Additional Requirements. Municipal water supply system facilities shall also apply with the following requirements: 1. When the City's municipal water main is extended, the length of a dead end water main typically shall not exceed 500 feet in length, unless approved in writing by the City Engineer and the Water and Sewer Superintendent. 2. The length of service lines from the main to the structure may not exceed 150 feet in length, unless approved in writing by the City Engineer and Water and Sewer superintendent. 18.42.080 GRADING AND DRAINAGE A. The developer shall install complete drainage facilities in accordance with the requirements of State Department of Environmental Quality and the City of Bozeman, and shall conform with any applicable facilities plan. The City of Bozeman's requirements are contained in the Desib'11 Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications, and by this reference these standards are incorporated into and made a part of these regulations. The developer shall submit plans and specifications to the City of Bozeman and to the State Department of Environmental Quality (if applicable), and shall obtain their approvals prior to commencing construction of any drainage system facilities. B. Provisions shall be made for the control and drainage of surface water around buildings. Generally, all lots and street boulevard areas shall be graded no lower than the back of curb or level of street, whichever is applicable, prior to final plat or final occupancy approval as appropriate. Exceptions may be granted by the City Engineer when adequate drainage facilities are provided. All drainage plans shall comply with the requirements of the International Building Code and I nternational Residential Code as adopted by the City, and by this reference these standards are incorporated into and made a part of these regulations. C. Drainage systems shall not discharge into any sanitary sewer facility or agricultural water user facility. D. Stormwater retention or detention ponds may be located within public park land, but such areas shall not count towards the park land dedication requirement. Any stormwater ponds located on park land shall be designed, constructed andlor added to so as to be conducive to the normal use and maintenance of the park. Stormwater ponds shall not be located on private lots. Stormwater retention or detention ponds shall be maintained by the property owners association. The City Commission may require the developer to establish easements or other perpetual controls to prevent encroachment or disruption of drainageways or facilities. Stormwater facilities shall generally not occupy more than one-third of a required front yard. E. F. Ordinance # 1709: Effective August 15, 2007. page 42-7 All finish grades in landscaped areas shall comply with the provIsIOns set forth In ~18.48.050.L, BMC. Stormwater retention/detention facilities in landscaped areas shall be designed as landscape amenities. They shall be an organic feature with a natural, curvilinear shape. The facilities shall have 75 percent of surface area covered with live vegetation appropriate for the depth and design of the retention/detention facility, and be lined with native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to create a functional yet, natural site feature. A cross section and landscape detail of each facility shall be submitted with the final landscape plan for review and approval. Facilities with a slope up to and including 10% grade may be grassed and irrigated to blend into the adjacent landscaped area. 18.42.090 FIRE PROTECTION REQUIREMENTS G. H. . All developments shall be planned, desi!-,'Tled, constructed and maintained so as to minimize risk of fire and to permit the effective and efficient suppression of fires in order to protect persons and property. A. The placement of structures shall minimize the potential for flame spread and permit adequate access for fire fighting equipment; and B. Adequate fire fighting facilities shall be provided, including an adequate and accessible water supply and water distribution system. 1. National Fire Protection Association (NFPA) standards for hydrant systems shall be met. 2. City of Bozeman's requirements as contained in the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications shall apply. 18.42.100 WATERCOURSE SETBACK . Where a development is crossed by or is adjacent to a watercourse, the developer shall mitigate the impacts of the development on the watercourse. This mitigation may not be less restrictive than the requirements of the Bozeman Floodplain Regulations or any other applicable regulation of this title. The purpose of this mitigation is bank stabilization; sediment, nutrient and pollution removal; and flood control. A. Setback for Developments Granted Preliminary Plan or Plat Approval Prior to ] uly 10. 2002. These provisions shall apply to all developments granted preliminary plan or plat approval prior to July 10, 2002, including applicable subdivision exemptions: 1. Setbacks. A minimum 100-foot setback shall be provided along both sides of the East Gallatin River. A minimum 35 foot setback shall be provided along both sides of all other watercourses. a. A portion of the required setback, immediately adjacent to the ordinary high water mark, shall be left in a natural vegetative state as follows: (1) East Gallatin River - 50 feet (2) Other Watercourses - 5 feet b. No fence, residential or commercial structure, fill material, parking or other similar improvements shall be located within required watercourse setbacks. c. All watercourse setbacks shall be measured from the ordinary high water mark as defined in ~18.80.2160, BMC. When no ordinary high water mark is discernible, . setbacks shall be measured from the top of the stream bank. Ordinance # 1709: Effective August 15, 2007. page 42-8 . . . B. Setbacks for Developments Granted Preliminary Plan or Plat Approval On or After July 10. 2002. These provisions shall apply to all developments granted preliminary plat or plan approval on or after July 10, 2002. 1. In the event a site with an existing development, that is subject to ~18.42.100.A, BMC, is submitted to the City for a review subject to Chapters 18.34, 18.36 and 18.60, BMC after July 10, 2002, the proposed development shall comply with ~18.42.100.B, BMC to the extent reasonably feasible given the existing site conditions. The final approval body for the proposed development shall determine the extent that is reasonably feasible, subject to any appeal provisions that may apply. Such administrative relief shall not reduce setbacks below those provided for in Section A. It is the intent of this subsection that full compliance with the terms of ~18.42.100.B, BMC shall be achieved over time without unduly burdening existing development. 2. In addition to any relaxation of watercourse setbacks provided by subsection 18.42.100.B.1 of this section, nothing in this section shall prohibit an owner of affected property from: a. Applying for a variance to dimensional standards of the watercourse setbacks as allowed by and subject to the requirements of Chapter 18.66, BM C; b. When applicable, seeking a deviation to dimensional standards of the watercourse setback as allowed by and subject to the requirements of Chapters 18.28, 18.30 or 18.36, BMC; c. Combining two or more lots to assemble a larger and more usable parcel; Petitioning the Montana Department of Fish, Wildlife and Parks and the Gallatin County Water Conservation District to seek the reclassification of the relevant watercourse as an irrigation facility not subject to the requirements of this section; d. e. After receipt of required permits relocating the watercourse; or f. Pursuing any other lawful means of relief from the effects of this section. 3. Setbacks. Unless otherwise specified in ~ 18.42.1 00.B.5, BMC, the following setback requirements shall be met: a. East Gallatin River. A minimum 100-foot setback shall be provided along both sides of the East Gallatin River. b. Sourdough/Bozeman Creek and Bridger Creek. A minimum 75-foot setback shall be provided along both sides of Sourdough/Bozeman and Bridger Creeks. c. Other Watercourses. A minimum 50 foot setback shall be provided along both sides of all other watercourses. d. All required watercourse setbacks shall be extended as necessary to address these additional requirements. (1). The setback shall extend to the edge of any delineated 100-year floodplain if the floodplain is larger than the setbacks established in ~ 18.42.1 00.B.3, BMC; (2). The setback shall include immediately adjacent wetlands (i.e. fringe). The buffer width shall be extended by the width of the wetland; Areas with a slope greater than 330;(l do not count towards the width of the setback; and (3). Ordinance # 1709: Effective August 15,2007. page 42-9 (4) The setback shall include connected wetlands. The buffer width shall be extended by a minimum of 50 feet beyond the perimeter of the . connected wetlands. e. All watercourse setbacks shall be measured from the ordinary high water mark as defined in ~18.80.2160, BMC. When no ordinary high water mark is discernible, setbacks shall be measured from the top of the streambank. 4. No newly constructed residential or commercial structure, addition to an existing structure, fence, deck, fill material (other than that required for exempt uses), parking lot or other impervious surfaces, or other similar improvements shall be located within required watercourse setbacks, unless approved through, and in conformance with, a variance or deviation process as authorized in this title. 5. Exceptions. The watercourse setback is divided into two zones. Zone 1 consists of the 60 percent of the setback closest to the watercourse, and Zone 2 consists of the 40 percent of the setback furthest from the watercourse. a. On-site stormwater treatment facilities may be located in Zone 2. b. Trails and trail-related improvements may be placed within the reguired watercourse setback subject to the following provisions: (1) Trails, and trail-related improvements such as benches and trail signage, may be placed in Zone 2; (2) Limited, non-looping developed spur trails to the water's edge may cross all zones. Benches and limited informational/interpretive sib'Tlage may be placed in Zone 1 at the terminus of spur trails; (3) Due to topography, avoidance of wetlands, or other geographical constraints portions of non-spur trails may need to be placed within . Zone 1. Trail construction within Zone 1, inclusive of watercourse crossings and spur trails, per each side of the watercourse may not exceed the length of 300 percent of the width of the applicable watercourse setback per 500 lineal feet of watercourse; (4) All trails must be constructed to minimize bank instability, sedimentation, nutrient and pollution runoff. Trails shall be aligned to minimize damage to plant and wildlife habitat; and (5) Trails crossing the watercourse and trail-related bridge structures may be located within all zones provided that the appropriate local, state and federal permits are obtained. c. Streets, sidewalks, utility lines or similar public construction may be permitted within all zones for the purpose of crossing a watercourse or protecting public health and safety. The following practices shall be observed: (1) Crossings shall be minimi:led to the greatest extent feasible; (2) Crossings with direct angles (90 degrees) shall be used to the greatest extent feasible instead of obligue crossing angles; (3) Construction shall be capable of withstanding 1 DO-year flood events; (4) The subdivision grading and drainage plan shall be designed to prevent the discharge of untreated stormwater into a watercourse; and (5) A bank stabilization plan for all public construction watercourse crossings shall be prepared and approved by the City prior to site preparation and installation of the improvement(s). . Ordinance # 1709: Effective August 15,2007. page 42-10 . . . d. Outlets from stormwater treatment facilities may pass through all zones in order to discharge to the receiving watercourse, provided that all required permits are obtained. e. Control of noxious weeds is required and activities required within limits outlined in any approved noxious weed control plan may occur in all zones. 6. Setback Planting. A setback planting plan shall be prepared by a qualified landscape professional, and shall be reviewed and approved by the Planning Department prior to the commencement of development or site preparation. The plan shall include a schedule, and plantings shall be depicted on the plan as follows: a. Zone 1: Zone 1 shall be planted with new or existing native materials suited for a riparian area based on the following calculations. One hundred percent of the disturbed areas of Zone 1 shall be planted with a ground cover of native riparian sedges, forbs and grasses suited for the area. In addition, a minimum of one shrub for every 10 linear feet and one tree for every 30 linear feet of the watercourse shall be required along each side of the watercourse. Grouping or clumping of trees and shrubs as appropriate in a riparian area is encouraged. Species that are appropriate to the soil hydrologic conditions (wetness of soil and depth to the water table) should be used. Tree and shrub species selected shall be suitable for the climate and for planting in a riparian area with an emphasis on native species. The Natural Resources Conservation Service (NRCS), the Montana Native Plant Society and the Gallatin Local Water Quality District (L WQ D) are good sources of landscaping materials and/or landscaping information. Zone 2: Disturbed areas of Zone 2 shall be planted with new or existing native grasses suited for the area Maintenance of the watercourse setback landscaping is required. If it can be demonstrated that irrigation is present for the trees and shrubs, and fencing is provided for the trees and shrubs, the number of required trees may be reduced to one tree for every 60 linear feet and one shrub for every 20 linear feet of the watercourse along each side of the watercourse. Planting materials are exempt from the size requirements of ~18.48.050.G.3 of this title. e. To prevent soil erosion and the invasion of noxious weeds, the watercourse setbacks on all land proposed for development shall be covered with existing vegetation or shall be seeded with native grasses as soon as seasonally feasible or prior to commencement of any site development or site preparation work. f. Native shall mean those plants which are native to the Gallatin Valley. g. Use native grasses, forbs, sedges and other herbaceous plants in areas of disturbance (e.g. bridges, culverts, utilities installation, trails) within the watercourse setback. Native woody plantings are required in all zones in disturbed and undisturbed areas. b. c. d. c. 7. Except for as otherwise allowed in ~18.42.100.B.5 and 6, BMC, no disturbance of soils and existing vegetation shall occur in all zones. Other Provisions. 1. The watercourse setback shall be depicted on all preliminary and fmal plats and plans. Ordinance # 1709: Effective August 15, 2007. page 42-11 2. These provlslOns do not apply to agricultural uses, including lands enrolled in the conservation reserve prob>ram (CRP), activities, and structures that existed prior to the effective date of these regulations. Any agricultural uses, activities or structures . established after the effective date of these regulations shall comply with these regulations. An agricultural use, activity or structure shall be considered abandoned if not used for agricultural purposes for more than 180 consecutive days. 18.42.110 RIDGELINES AND VIEWSHEDS For the purpose of having structures blend more naturally into the landscape rather than being a prominent focal point, ridgeline protection areas are established. These areas are defined in Chapter 18.80 and are identified and designated based on topographic characteristics. The Bozeman Ridgeline Map identifies areas with a high likelihood of meeting the standards for ridgelines. A. All buildings located within a ridgeline protection area shall be set back from the ridgeline a distance not less than 3 times its height above grade. The distance of the setback shall be measured perpendicular from the ridgeline. 1. Exception. In the event a building permit is sought for a lot approved or created prior to the effective date of this ordinance, January 1,2004, the proposed development shall comply with this section to the extent reasonably feasible given the lot dimensions, orientation, and other characteristics. The final approval body for the proposed development shall determine the extent that is reasonably feasible and may relax the special setback required by this section, subject to applicable appeal provisions. Such administrative relief shall not reduce setbacks below those required elsewhere in this title. 18.42.120 MAIL DELIVERY J f mail delivery will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. ] t shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of~way. . 18.42.130 FENCES, WALLS AND HEDGES A. Location and Height. Except as provided in ~18.44.100, BMC, fences, walls and hedges, in any district may be located on lot lines provided such fences, walls and hedges comply with the following height requirements: 1. Do not exceed 6 feet in height in any required rear or required side yard. Fences exceeding 6 feet in height shall be subject to the minimum yard requirements of the district in which such fences are located. Decorative post caps may exceed the height limit by no more than 1 additional foot. Fences in excess of 6 feet in height require a building permit before installation may commence. Fences may not exceed 8 feet in height. Do not exceed 4 feet in height in any required front yard or any portion of a required corner side yard that is forward of the rear edge of the building facade nearest the corner side yard. Fences used in an agricultural pursuit to retain stock animals or for public safety shall be excepted. The height of fences located in the B-3 district shall meet the requirements of this section for any provided, not required, yards. Relation to Linear Parks. Fences located in the rear or side yard setback of properties adjoining any Bozeman linear park shall have a maximum height of 4 feet. 3. 2. 4. B. . Ordinance # 1709: Effective August 15, 2007. page 42-12 . . c. Construction and Maintenance. Every fence or wall shall be constructed in a substantial, workman~like manner and of substantial material reasonably suited for the purpose for which the fence or wall is proposed to be used. Every fence or wall shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair, damage or unsightliness, or constitute a nuisance, public or private. Any such fence or wall which is, or has become, dangerous to the public safety, health or welfare, or has become unsightly through improper maintenance or neglect is a public nuisance and the Building Official shall commence proper proceedings for the abatement thereof. Barbed Wire and Electric Fences. 1. No barbed wire or similar sharp fencing or electric fences shall be permitted, except in R-S districts; except that barbed wire or other similar sharp fencing materials may be used on the top of security fences in M-1 and M-2 districts. 2. When electrically charged fences are used in an R-S district, such fences shall be posted with warning signs at intervals not to exceed 150 feet where such fences are adjacent to public rights-of-way. Measuring Fence and Wall Height. In case of a fence erected on top of a retaining wall, the height shall be measured from the grade of the high side of the wall. "}:;'inished" Side Out. Any fence or wall constructed so as to have only one elevation "finished," which shall be defined as not having its supporting members significantly visible, shall be erected such that the finished elevation of the fence is exposed to the adjacent property. Fencing of Utilities and Outdoor Storage Areas. 1. All utility substations, wells, storage facilities or other utilities shall be screened from view by a wall, fence, hedge or landscape screen. 2. All storage for commercial operations shall be conducted within a completed enclosed building or within an area completely enclosed, except for access points, by a wall, fence, hedge or landscape screen at least 6 feet in height. D. E. F. G. 18.42.140 OFF-STREET LOADING BERTH REQUIREMENTS A. Affected Uses. Every hotel/motel with restaurant, conference center, restaurant, department store, freight terminal or railroad yard, hospital or sanitarium, industrial plant, manufacturing establishment, retail establishment, storage warehouse or wholesale establishment, and all other structures devoted to similar mercantile or industrial pursuits, which has an aggregate!:,l"foss floor area of 15,000 square feet or more shall provide off-street truckloading or unloading berths in accordance with the following table: 1. Any office building 100,000 square feet or larger shall have at least one off-street loading berth. . B. Table 42-1 Square Feet of Aggregate Gross Floor Area Devoted to Such Use 15,000 square feet up to and including 40,000 square feet 1 40,001 square feet up to and including 100,000 square feet 2 For each additional 100,000 square feet 1 additional Standards for Off-Street Loading Facilities. All off-street loading facilities shall conform to the following standards: Ordinance # 1709: Effective August 15,2007. page 42-13 1. The first loading berth shall be at least 70 feet in length. Additional berths required shall be at least 45 feet in length unless certified by the property owner in writing that additional loading activity will take place exclusively with small delivery vans in which . case the berth(s) shall be at least 25 feet in length. All loading berths shall be at least 12 feet in width and 14 feet in height, exclusive of aisle and maneuvering space. 2. Such space may occupy all or any part of any required yard space, except front and exterior side yards, and shall not be located closer than 50 feet to any lot in any residential zone unless separated from such zone, except at the accesses, by screening not less than 8 feet in height. 3. Sufficient room for turning and maneuvering vehicles shall be provided on the site so that vehicles shall cross a property line only by driving forward. 4. Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley, without traversing a residential district. 5. The loading area, aisles and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties, streets or alleys. 6. Bumper rails shall be provided at locations where needed for safety or to protect property. 7. No regular repair work or servicing of vehicles shall be conducted in a loading area. 8. Off-street loading facilities shall be located on the same site with the use for which the berths are required. 9. If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this title for each use. If more than . one use is located on a site, and the gross floor area of each use is less than the minimum for which loading berths are required, but the aggregate gross floor area is b'Teater than the minimum for which loading berths are required, off-street loading berths shall be provided as if the aggregate gross floor area were used for the use requiring the b'Teatest number of loading berths. 10. Off-street loading facilities for a single use shall not be considered as providing required off-street loading facilities for any other use. 11. At the time of initial occupancy, major alterations or enlargement of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street loading berth requirements subject to the provisions of Chapter 18.74, BMC. The number of loading berths provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement. 12. Space allocated to any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facility. 18.42.150 LIGHTING A. Purpose. 1. Provide lighting in outdoor public places where public health, safety and welfare are potential concerns; 2. Protect drivers, bicyclists and pedestrians from the glare of non-vehicular light sources . that shine into their eyes and thereby impair safe travel; Ordinance # 1709: Effective August 15, 2007. page 42-14 . . . B. 3. Protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied, maintained or shielded light sources; 4. Protect and maintain the character of Bozeman; 5. Prevent excessive lighting and conserve energy; and 6. Provide adequate lighting for safe pedestrian and bicycle travel. General. c. 1. With the exception of street lighting, lighting is not required. If installed, all lighting shall comply with the requirements of ~ 18.42.150, BMC. 2. Unless otherwise approved through a planned unit development, this ordinance shall apply to all lighting for subdivisions, land uses, developments and buildings. In addition, any site modification that requires a certificate of appropriateness, site plan review or reuse application will necessitate compliance for all existing and proposed lighting on the site. 3. The provisions of this section are not intended to prevent the use of any design, material or method of installation or operation not specifically prescribed herein, provided any such alternate has been approved by the Planning Director. The Planning Director may approve any such proposed alternate provided hel she finds that it: a. The lighting provides at least approximate equivalence to the applicable specific requirements of this section; and b. The lighting is otherwise satisfactory and complies with the intent of this section. Street Lighting. Street lighting consists of street lighting and pathway intersection lighting, and shall comply with the following requirements: 1. General. a. All street lighting shall be operated and maintained through the creation of a new SILD, through the annexation to an existing SILD or through some other equivalent means approved by the City of Bozeman. b. Individual yard lights on private property shall not be used for street lighting. Street Lights at Intersections. a. Illumination Requirements. (1) Single Installation. The illumination requirement for an intersection street light, where only one light is required, shall be determined from Table 42-2 based on the functional classification of the street upon which the light is located. (2) Multiple Installation. For all intersections where more than one street light is required, all lights shall be within the same range for measured lumens. The illumination requirement shall be determined from Table 42-2 for the functional classification of the leg of the intersection with the highest requirement. b. Non-Signalized lntersections. A street light shall be installed at each non- signalized street intersection with the exceptions contained in subsections (1) and (2) below. (1) At intersections where the width of one or more of the approaches is greater than or equal to 50 feet, as measured to the back of curb or edge of pavement, then two street lights shall be installed on diagonally OpposIte corners. 2. Ordinance # 1709: Effective August 15,2007. page 42-15 (2) At the intersection of two local streets a street light may be omitted if its installation would violate the spacing criteria contained in Table 42-2. c. Signalized Intersections. At signalized intersections where all approaches are . narrower than 50 feet, as measured to the back of curb or edge of pavement, two street lights shall be installed on the diagonally opposite corners. At signalized intersections where the width of one or more of the approaches is greater than or equal to 50 feet, four street lights shall be installed, one on each corner. 3. Spacing of Street Li?hts. In addition to intersection locations, street lights shall be spaced along streets in accordance with Table 42-2. Table 42-2 Through Pedestrian Maintained Lumens Functional Classification Lanes Conflict (Minimum Maintained Avera~e Values) Spacin~ Arterial 4/2 High 33000-22500 225/225 4/2 Low 22500-13500 300/275 Collector 4/2 High 22500-13500 250/225 4/2 Low 22500-8000 300/275 Local 2 Low 9500-8000 N/AI Arterial - Commercial Center 4/2 High 33000-22500 200/175 Collector - Commercial Center 4/2 High 22500-13500 225/175 Local -Commercial Center 2 High 9500-8000 150 1 Street lights are Of/!Y required at intersections on local streets. 4. . Street Li~~ht Location and Placement of Equipment. In addition to spacIng requirements, the following layout criteria shaIl be used: a. When a street light location falls near an unlit intersection, the light shall be located at the intersection; b. Street lights shall be located at property lines to the greatest extent possible, but not in conflict with other utility service providers; c. Pole spacing along a street may vary from the criteria of Table 42-2 by up to 15 percent. For the uniformity of appearance, the variance in spacing between adjacent spans should not be more than 15 percent; d. All proposed streets within the proposed subdivision, having a curve of 300 feet or longer in length, shall have a street light in the middle of the horizontal curve or as required by the City Engineer; e. A street light shall he placed at the terminal ends of center median islands having trees and/or other fixed objects not having a breakaway design for speeds of 25 miles per hour or .6>reater; f. Wiring for street lights shall be underground; g. Additional street lights may be required by the City Commission when potential traffic hazards are identified during plan review; and h. Por streets that are wider than 70 feet (from back of curb) the required street . lights shall alternate on either side of the street. 5. Street Light Support Structures. The ballasts; pole type, strength and anchor bolts; ancl pole foundation shall be appropriate for the proposed lighting and shall be installed per Ordinance # 1709: Effective August 15,2007. page 42-16 . . . the manufacturer's recommendations. Mounting heights shall be measured from grade and shall comply with the requirements of Table 42-3. Table 42-3 Maintained Lumens (Minimum Maintained Average Values) Mountine: Heie:ht 9500-8000 25 feet 22500-9500 35 feet 33000-22500 38 feet 6. Pathway Intersection Lighting. Pathway lights shall be installed at all intersections of pathways and streets, located within the proposed development or along existing streets or roads abutting the development, if said intersection is located in areas other than lighted intersections. All pathway lights shall comply with City of Bozeman specifications. Table 42-4 Average Horizontal Illuminance at Pathway in Maintained Footcandles Mixed vehicle and pedestrian 2.0 Pedestrian only 1.0 D. Source: "&adI1Jt!.y Lighting (RP-8-00), Illuminating Engineering Society of North American, 2000. Site Lighting. 1. Parking Lot Lighting. Table 42-5 Basic1 Sccurity2 Minimum Horizontal Illuminance in Maintained Footcandles 0.2 0.5 Minimum Vertical Illuminance in Maintained Footcandles 0.1 0.25 Uniformity Ratio, Maximum: Minimum 20:01 15:00 Source: Parking Lot Lighting, Illuminating Engineering Socie!) of North American, 1998. 1 Basic lightingprolJides fOr the sqft!) of customers and emplqyees during business hours, and/or the seeuri!) of on-site, outside storage ~f goodr and/ or materials. 2Security lighting provides jor the sqfe!) of empl'!.yees during nonbusiness hOIIrS, and/or the seeuri!) of on-site, outside storage '!.f goodr and/ or materials. 2. Building Entrances. Illuminance for building entrances (including commercial, industrial, institutional and municipal) shall average 5.0 maintained footcandles. 3. Car Dealership Lighting. Table 42-6 Maximum Illuminance on Pavement (in Area Maintained Footcandles) Uniformity Ratio Maximum: Minimum Main Business Districts Adjacent to roadway 10 - 20 5:01 Other rows 5 ~ 10 10:01 Entrances 5 - 10 5:01 Driveways 2-3 10:01 Secondary Business Districts Adjacent to roadway 5 - 10 5:01 Ordinance # 1709: Effective August 15, 2007. page 42-17 Other Rows 2.5 - 5 10:01 Entrances 2.5 - 5 5:01 Driveways 1 - 2 10:00 . Source: Lightingfor Exterior Environments, Illuminating Engineering Society of Not1h American, 1998. 4. Service Station or Gas Pump Area Lighting. Table 42-7 Average Illuminance on Described Area (in Maintained Footcandles) A 1.5 1.5 5 2 Service areas with dark surroundin s 2 1 A 2 5. Site Lighting Support Structures. The ballasts; pole type, strength and anchor bolts; and pole foundation shall be appropriate for the proposed lighting and shall be installed per the manufacturer's recommendations. Height shall be measured from grade. Except as . allowed in Sections E and G, light poles for parking lot lighting shall not exceed 25 feet. 6. Site Lighting Installation and Maintenance. a. For new installations, electrical feeds for fixtures mounted on poles shall be run underground, not overhead. b. Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces, shall be placed a minimum of 5 feet outside the paved area, or on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other approved means. c. Lighting fixtures and ancillary equipment shall be maintained so as always to meet the requirements of this ordinance. 7. Miscellaneous Site LiRhting Specifications. Except as otherwise allowed in Sections E and G, all lighting shall comply with the following requirements: a. All outdoor lighting, whether or not required by this ordinance, shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property. b. All outdoor lighting fixtures shall be shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light emitting element, so that direct light emitted above the horizontal plane is . eliminated. Ordinance # 1709: Effective August 15,2007. page 42-1 R . . . E. c. Except for residential lights, street lighting, pathway intersection lighting and security lighting, all lighting shall be turned off between 11 :00 p.m. and 6:00 a.m. Exceptions shall be granted to those businesses which operate during these hours; such lighting may remain illuminated only while the establishment is actually open for business. d. Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. e. All outdoor lighting shall be designed and located such that the maximum illumination measured in footcandles at the property line shall not exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent commercial properties and public rights-of-way. f. Externally illuminated wall~mounted and pole signs shall be lighted by fixtures mounted at the top of the sign and aimed downward; ground-mounted sign lighting may only be used for monument style signs. Fixtures used to illuminate signs shall be aimed so as not to project their output beyond the sign. g. Floodlights, spotlights or any other similar lighting shall not be used to illuminate buildings or other site features unless approved as an integral architectural element on the development plan. On~site lighting may be used to accent architectural elements but not to illuminate entire portions of buildings. Where accent lighting is used, the maximum illumination on any vertical surface or angular roof surface shall not exceed 5.0 average maintained footcandles. Building fal.;:ade and accent lighting shall not be approved unless the light fixtures are carefully selected, located, aimed and shielded so that light is directed only onto the building fal.;:ade and spillover light is eliminated. (1) Directional fixtures used to illuminate flagpoles (State, United States and/or foreign nations) may project their output beyond the flagpole. h. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation are prohibited. 1. Translucent awnings and canopies used for building accents over doors, windows, etc., shall not be internally lit (i.e., from underneath or behind). J. Search lights, laser source lights or any similar high-intensity light shall not be permitted, except in emergencies by police and fire personnel or at their direction, for meteorological data gathering purposes, or for special events if a permit is obtained from the Planning Director. Sports and Athletic Field Lighting. Lighting for sports and athletic fields may need to exceed illumination standards for general recreational needs in order to meet higher standards required for play. The City Commission may approve relaxations of these lighting standards provided that the following minimum standards are met: 1. Fixtures shall be at least 70 feet in mounted height measured from grade. 2. If floodlights are used, they shall not be aimed above 62 degrees and should use internal louvers and external shields to help minimize light pollution. Ordinance # 1709: Effective August 15, 2007. page 42-19 3. Fixtures shall be designed and aimed so that their beams fall within the primary playing area and the immediate surroundings, so that off-site direct illumination is significantly . restricted (spillover levels at the property line shall not exceed 0.3 footcandles). 4. Lighting shall be extinguished no later than 1 hour after the event ends. F. Lighting Specifications for All Li~)-hting. Light fixtures and standards shall be compatible with the surrounding area, the subdivision or site design, and the development's character and/or architecture. 1. Luminaires (Light Fixtures). Except as otherwise allowed in Sections E and G, all luminaires shall comply with the following requirements: a. In all light fixtures, the light source and associated lenses shall not protrude below the edge of the light fixture, and shall not be visible from adjacent streets or properties. b. Fixtures shall be of a type and design appropriate to the lighting application. c. For lighting horizontal areas such as roadways, sidewalks, entrances and parking areas, fixtures shall meet IESNA "full-cutoff' criteria (no light output emitted above 90 degrees at any lateral angle around the fixture). d. As needed, fixtures shall be equipped with or be modified to incorporate light directing andlor shielding devices such as shields, visors, skirts, internal louvers or hoods to redirect offending light distribution and/or reduce direct or indirect glare. e. The installation of any mercury vapor light fixture or lamp for use as outdoor lighting is prohibited, except that until November 21,2006 (the fifth anniversary . date of the effective day of this ordinance), this provision shall not apply to any replacement bulb. G. Historic Lirhting. The City Commission may relax lighting standards and requirements, with the exception of illumination levels, for the provision of historic lighting in the neighborhood conservation overlay district. Historic lights shall be proposed as an integrated part of an overall development plan. The historic preservation planner shall review and approve the proposed lighting for historic appropriateness. H. Post Installation Inspection. The City of Bozeman reserves the right to conduct post- instalIation nighttime inspections to verify compliance with the requirements of this ordinance, and if appropriate, to require remedial action at no expense to the City. I. Compliance Monitoring. If the City of Bozeman finds that a lighting installation creates a safety or personal security hazard, the person(s) responsible for the lighting shall be notified in writing and required to take remedial action within 30 days. J. Nuisance Glare and Inadequate Illumination Levels. When the City of Bozeman finds that a lighting installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels, or otherwise varies from this ordinance, the City may notify the person(s) responsible for the lighting and require appropriate remedial action within 30 days. K. Nonconforming Lighting. With the exception of street lighting, security lighting fixtures or a security lighting installation in use on January 1, 2004, that does not conform to this ordinance and that is not otherwise required to be brought into compliance pursuant to this ordinance, shall be required to be in compliance 5 years after the date of enactment of this ordinance. Any other lighting fixture or lighting installation existing on the effective date of this ordinance that . does not conform to the requirements of this ordinance shall be considered as a legal conformance. Ordinance # 1709: Effective August 15,2007. page 42-20 . 18.42.160 OUTDOOR STORAGE A. All materials, supplies, merchandise or other similar matter not on display for direct sale, rental or lease to the ultimate consumer or user shall be stored within the confines of a 100 percent opaque wall or fence not less than 6 feet tall. No storage of any type shall be permitted within any required yard, and shall be subject to ~ 18.40.150, BMC. B. C. All areas designated for vehicle and equipment storage shall be screened from view from the street and adjacent properties as per subsection A above. Vehicle and equipment storage areas shall not be subject to parking lot paving or landscape requirements, but shall be subject to drainage detention requirements and appropriate dust control requirements. 18.42.170 TRASH AND GARBAGE ENCLOSURES . A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than single-household dwellings, duplexes, individually owned townhouse or condominium units, in every zoning district, except where a property is entirely surrounded by screen walls or buildings. Trash enclosures shall be constructed so that contents are not visible from a height of 5 feet above grade from any abutting street or property. Trash endosures shall comply with the following regulations: A. Location. Trash enclosures, surrounding standard steel bins (dumpsters), shall be located on the site for convenient pickup service, and the location shall be shown on required site plans. Trash enclosures shall not be located in required front yards, and shall be situated so that containers can be pulled straight out of the enclosure or so the sanitation truck can back straight into it. The location of all trash enclosures shall be subject to review and approval by the City Sanitation Department. B. Construction. Trash enclosures shall be constructed of solid or ornamental pierced masonry walls or other appropriate materials, with a solid concrete floor sloped for drainage and maintenance of sanitary conditions. Enclosures shall be architecturally compatible with the principle structure. Enclosures shall be of sufficient height to conceal contents, including containers, but in no case shall be less than 4 feet in height above hrrade. C. Exception. A garbage enclosure is not required for dumpsters accessed via an alley. 18.42.180 PROVISION OF RESTRICTED SIZE LOTS AND UNITS A. Purpose. This section establishes the requirements relating to the creation of lots for provision of moderate and low income housing. 1. The City's adopted growth policy indicates the City's desire to have a well balanced community with a range of housing available to its citizens. This includes housing for persons of low and moderate incomes. 2. 3. The 2003 Housing Needs Assessment established the need for additional low and moderate income housing opportunities. The City Commission has adopted an affordable housing policy giving direction for certain actions to help ensure the opportunity for affordable housing. The City intends to create opportunities for greater low and moderate income housing opportunities by ensuring a supply of lots meeting minimum size requirements and providing other related means of addressing housing need. Development of the minimum sized lots shall largely depend on the actions of the private land development process. 4. . 5. Ordinance # 1709: Effective August 15, 2007. page 42-21 6. It is the intention of the City to establish certain complimentary financial prof,>rams to aid qualifying parties to obtain housing. These programs are separate from the requirements of this title. 7. Compliance with this section meets the requirements of annexation af,>reements enacted prior to the date of this ordinance that require the provision of affordable housing. Applicability. Lands subdivided after the effective date of this ordinance shall meet the requirements of this section and shall have not less than a minimum net density of six units per acre when subdivided if: 1. The total area of such lands being subdivided for residential purposes in all phases is five acres or more In SIze; or 2. The land being subdivided is not intended for final development under the provisions of the R-S, Residential Suburban zoning district described in ~18.16.01O, BMC. C. Number of Restricted Size Lots Required. Every residential subdivision meeting the requirements of subsection B above shall have a minimum of 10 percent of the buildable net acreage dedicated to Restricted Size Lots (RSLs). A RSL shall not be greater than 5,000 square feet for single household detached dwellings and 3,000 square feet for single household attached dwelling units. The RSL designation shall be recorded with the final subdivision plat in a manner that will appear on a title search and include reference to the sunset provisions of this section. . B. The requirements of this section may be met through anyone or a combination of the following options. The option or combination of options shall be specified at the time of preliminary plat. A change of option affecting more than two lots after the preliminary plat has been approved shall constitute a material change to the subdivision and shall require reapproval of the . subdivision by the City. 1. After creation of lots through the subdivision process and recording of the RSL restrictions with the final plat, offering for sale to any willing buyer the RSL lots for development as housing. 2. In lieu of designating the required number of RSLs for market sale with the final plat, the owner may provide a fee-simple transfer of title of buildable RSLs to the City. For the purpose of determining the number of RSLs required by this subsection the fee simple transfer of one RSL shall be equivalent to providing three RSLs for market sale. The City will utilize donated RSLs or the proceeds of sales of donated RSLs only for affordable housing. a. A fee simple transfer RSL can be provided within the annexed land being subdivided or may be provided off-site as allowed by subsection 3 below. The subdivision containing the off-site fee simple transfer RSL cannot be comprised on more than 50 percent RSLs without prior City Commission approval. The off-site fee simple transfer RSL shall be established and transferred to the City not later than the time of final plat approval of the subdivision responsible for creating the fee simple transfer RSL. 3. In lieu of designating RSLs within the land being subdivided, the owner may provide for comparable off-site RSLs at a ratio of 1:1. The subdivision containing the off-site RSLs shall not be comprised of more than 50 percent RSLs without prior City Commission approval. The off-site RSLs shall be established not later than the time of final plat approval of the subdivision responsible for creating the RSLs. . 4. At time of final plat, in lieu of supplying the required number of RSLs, the owner may pay a "cash in lieu" fee to the City. The payment shall be calculated as the appraised Ordinance # 1709: Effective August 15, 2007. page 42-22 . . . D. value per square foot of developed land within that specific subdivision at a time not sooner than 30 days prior to the time of final plat approval. The cost per square foot shall be multiplied by 5,000 in single household districts and by 3,000 in multi-household districts when smaller or multi-household aggregated lot for each required RSL. The appraisal cost shall be born by the owner of land being subdivided. The City will use payments in lieu of RSLs only for affordable housing. S. Within multi-household zoning districts and with approval from the City Commission the area required may be assembled into larger lots to allow construction of affordable housing complexes. Restrictions on Building Size. Dwellings constructed on RSLs are subject to the size restrictions of ~18.16.030.C, BMC. Dwellings built on RSLs shall be known as Restricted Size Units (RSU). Automatic Termination Provisions. The provisions of this section shall be of no more effect after November 24, 2008, unless such date is extended by the City Commission by amendment to this section to establish a new date. E. Ordinance # 1709: Effective August 15, 2007. page 42-23 CHAPTER 18.44 TRANSPORT A TION FACILITIES AND ACCESS . 18.44.010 STREETS, GENERAL All streets shall be provided in accordance with an adopted growth policy and! or transportation plan. The arrangement, type, extent, width, grade and location of all streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed uses of the land to be served by such streets. The design standards contained in these regulations shall apply to all construction, reconstruction and paving of streets. A. . . B. Relation to Undeveloped Areas. When a proposed development adjoins undeveloped land, and access to the undeveloped land would reasonably pass through the new development, streets within the proposed development shall be arranged to allow the suitable development of the adjoining undeveloped land. Streets within the proposed development shall be constructed to the boundary lines of the tract to be developed, unless prevented by topography or other physical conditions, in which case a subdivision variance must be approved by the City Commission. Relation to Developed Areas. The developer shall arrange the streets to provide for the continuation of streets between adjacent developed properties when such continuation is necessary for the convenient movement of traffic, effective provision of emergency services and efficient provision of utilities. Separation of Through and Local Traffic. Where a development abuts or contains an existing or proposed arterial or collector street, the developer may be required to provide frontage roads, reverse frontage with a reservation prohibiting access along the rear property line, screen planting, or such other treatment as may be necessary for protection of residential properties and to afford separation of through and local traffic. Distance Between Parallel Rights-Of-Way. Where a development borders on or contains a railroad, limited access highway, canal, ditch or stream right-of-way, the developer may be required to provide a street approximately parallel to and on each side of such right-of-way at a distance suitable to allow for the appropriate use of the intervening land. Such distances shall also be detennined with due regard for the requirements of approach grades and future grade separation. Dead-End Streets. Dead-end streets shall comply with City design specifications and standards, and with any City-adopted Uniform Fire Code. No dead-end streets longer than 150 feet shall be permitted without an approved turn around. Where streets tenninate, the developer shall provide a cul-de-sac at the tenninus. Where it is planned that a dead-end street will be extended in the future, a temporary cul-de-sac shall be provided All approved turnarounds shall be signed as no parking. 1. "T" turnarounds, in-lieu of a temporary cuI-de-sac, must be specifically approved by the City Engineer. "T" turnarounds shall include two straight backup lengths of 45 feet each to accommodate City fire trucks. All other design requirements shall be established by the City Engineer. Local Streets. Local streets shall be laid out to discourage speeding. Half Streets. Half streets are prohibited except when they are essential to the development, are beneficial to the City, or when the City Engineer is satisfied that the half of the street will be dedicated to the public when the adjoining property is developed. Half streets must be approved by the City Engineer, and when adjacent to unannexed land, the County Road Office. c. D. E. F. G. Ordinance # 1693: Effective March 24,2007. page 44-1 H. "When an existing half street is adjacent to a tract to be developed, the undeveloped half of the street shall be provided with the new development. Second or Emergency Access. To facilitate traffic movement, the provision of emergency services and the placement of utility easements, all developments shall be. provided with a second means of access. If, in the judgment of the Development Review Committee (DRe), a second dedicated right-of-way cannot be provided for reasons of topography or other physical conditions, the developer shall provide an emergency access, built to the standards detailed in these regulations. 1. This provision may be waived or conditionally waived by the DRC. Cul-de-sacs. Cul-de-sacs are generally prohibited. The City Engineer may consider and approve the installation of a cul-de-sac only when necessary due to topography, the presence of critical lands, access control, adjacency to parks or open space; or similar site constraints. Pedestrian walks shall be installed at the end of cul-de-sacs where deemed appropriate. Bridges and Culvens. Culvens or bridges shall be provided and installed by the developer where drainage channels intersect any street right-of-way. 1. Bridges. Bridges shall be built to Montana Depanment of Transponation H.20 load standards, and shall be reviewed and approved by the Gallatin County Road Office and the City Engineering Depanment. 2. All culvens shall, at a minimum, extend across the entire improved width of the street cross section. The size and length of the culven and the amount of backfill over the culven shall be determined by a registered professional engineer, when determined necessary by the City Engineering Depanment. a. Each culven or other drainage facility shall be large enough to accommodate potential runoff from upstream drainage areas. The minimum capacity of a culvert shall be equivalent to a circular diameter of 15 inches. Encroachment Permits. The subdivider shall be required to obtain encroachment permits for all access to state highways. Traffic COQtrol Devices. Street signs and other traffic control devices shall be installed at all intersections and any other location required by the City of Bozeman. The location, size, shape and height of all traffic control devices shall comply City of Bozeman requirements, and shall conform with the Manual of Uniform Traffic Control Devices (MUTCD) and the City of Bozeman Modifications to Montana Public Works Standard Specifications. Sight Distances. The alignment of all streets shall provide adequate sight distances based on design operating speeds. 18.44.020 STREET AND ROAD DEDICATION A. General. All streets or alleys within, or providing access to, the proposed development shall be dedicated to the public, be private streets to be owned and maintained by an approved propeny owners association, or, if the criteria of this section are met, be a public street easement. 1. Public Street Easements. Public street easements shall: a. Be approved by the City Attorney's Office; b. Be recorded in the County Clerk and Recorder' office; and c. Clearly grant to the public an unrestricted right of ingress and egress from a public street to the propeny to be subdivided. 2. Private Streets. 1. J. K. L. M. Ordinance # 1693: Effective March 24, 2007. page 44-2 . . . . . a. Private streets may be required to have a public access easement if deemed necessary by the City. If a private street is proposed, the project shall be reviewed as a planned unit development. However, devel<?pment proposals containing private streets shall be exempt from the POO review requirement if: (1) A local private street is proposed and the street would comply with the Gty standard right-of-way requirement of 60 feet, and the standard back~ of-curb to back-of-curb width of 31, 33 or 35 feet; or (2) A local private street is proposed and the street would comply with the Gty standard right-of-way requirement of 60 feet. The back-of-curb to back -of-curb width could vary from City standards, provided that: (a) A permanent funding source, such as the levying of assessments against all propenies within the development, for street maintenance is established and the funding levels will be adequate for all future private street maintenance; and (b) The developer signs a waiver of right to protest the creation of Sills, or other perpetual legal instrument, acknowledging that the Gty will not assume dedication and/or maintenance of the streets unless the street is brought up to City standards, or the propeny owners have agreed to an assessment to fund improvements required to bring the street up to City standards. The developer shall record the waiver, or other legal instrument, at the time of final plat recordation, or prior to issuance of building permits if no final plat recordation is required. Documented proof of adequate maintenance funding and scheduling, for all private streets, shall be provided, subject to ~18.72.040, BMC. b. c. 18.44.030 INTERSECTIONS A. The following requirements apply to street intersections: 1. Streets shall intersect at 90-degree angles except when topography prohibits this alignment. In no case shall the angle of an intersection be less than 60 degrees to the center line of the street or road being intersected; 2. Two streets meeting a third street from opposite sides shall be offset at least 125 feet for local roads and 300 feet for anerials or collectors. Distances shall be measured from the inside edge of the access, extended at its intersection with the projected curb line of the intersecting street, to the right-of-way line, along the street frontage right-of-way line. See Figure 18.44.090 in Appendix A.; 3. No more than two streets may intersect at one point; 4. Intersections of local streets with major anerials or highways shall be subject to ~18.44.090, BMC; 5. Intersections shall be designed to provide adequate visibility for traffic safety based on the designed operating speeds of the intersecting roadways; 6. Hilltop intersections are prohibited, unless no alternatives exist. Intersections on local streets within 100 feet of a hilltop are prohibited. Intersections on anerial and collector streets within 200 feet of a hilltop are prohibited. If no alternatives to a hilltop intersection exists, additional traffic control devices shall be required; 7. The grade of approaches to major highways shall not exceed 5 percent; and . Ordinance # 1693: Effective March 24,2007. page 44-3 8. Any street which intersects a paved minor collector or greater street shall be paved for at least 75 feet from the existing edge of pavement. 18.44.040 STREET NAMES A The following requirements apply to street names: 1. New streets aligned with existing streets shall have the same name as the existing streets. 2. All street names must be approved by the Gallatin County Geographic Information Systems and City Engineering Department prior to final plat or plan approval in order to avoid duplication and confusion with names of existing streets and roads. . 18.44.050 STREET AND ROAD RIGHT OF WAY WIDTH AND CONSTRUCfION STANDARDS A All streets and roads providing access to, and within, the proposed development shall meet the following standards: 1. Right-of-way width and construction standards contained in this title, the Bozeman Area Transponation Plan 2001 Update, the City of Bozeman Design Standards and Specifications Policy, and the City of Bozeman Modifications to Montana Public Works Standard Specifications shall apply. 2. Access streets and roads which are not on the City or County's road maintenance system shall be dedicated to the public, or shall have a public easement which meets the criteria of this chapter. 18.44.060 STREET IMPROVEMENT STANDARDS All street improvements shall be designed by and constructed under the supervision of a professional . civil engineer, registered in the State of Momana, and shall meet or exceed the right-orway and construction standards adopted by the City (including but not limited to an adopted transponation plan or specifications manual) and required for the type of street to be constructed. Plans and specifications for all public or private streets (including but not limited to curb, gutter, storm drainage, street lighting and sidewalks), shall be provided to and approved by the City Engineer. The developer shall provide professional engineering services for construction inspection, post construction certifications and preparation of mylar record drawings. The plans and specifications shall be approved :md a pre construction conference shall be conducted before any construction is initiated on the street nnprovements. A. Surfacing. A pavement design report, based upon specific site soil data and design-year traffic loading conditions, prepared by a professional engineer, or other qualified professional approved by the City Engineer, shall be submitted to the City Engineer for approval prior to plan and specification submittal if using the self-certification process or with the plans and specifications if using the standard process. Pavement design shall be in accordance with the City of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. B. Alleys. In subdivisions where alleys are proposed, a 20-foot wide right-of-way shall be provided The driving surface of the alley shall be 16 feet wide and shall be improved with gravel. 1. Subdividers may elect to pave subdivision alleys provided that adequate stormwater facilities are available. 2. Alleys shall be designed and constructed in accordance with the City of Bozeman Design . Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications, and subject to approval by the City Engineer. Ordinance # 1693: Effective March 24,2007. page 44-4 .. .. . 3. Alleys used for backing under ~18.46.020.D, BMC shall be designed to provide the required aisle width. Traffic Progression. Traffic progression will be of paramount importance. Consequently, all potential intersections with signals will be placed on quarter-mile points unless otherwise approved by the City Engineer. Level of Service Standards. Streets and intersection level of service "C" shall be the design and operational objective, and under no conditions will less than level of service "D" be accepted All arterial and collector streets, and movements on intersection approach legs designated as arterial or collector streets, shall operate at a minimum level of service "C". The design year for necessary improvements shall be a minimum of fifteen years following construction of said unprovements. Timing. The installation of street improvements shall comply with the timing requirements of Chapter 18.74, BMC. 18.44.070 STREET LIGHTING A. Standards. For street lighting standards, please refer to ~18.42.150, BMC B. Timing. For the timing of street lighting improvements, please refer to ~18.74.030.B.3, BMC. D. E. 18.44.080 SIDEWALKS A. General. City standard sidewalks (including a concrete sidewalk section through all private drive approaches) shall be constructed in all developments on all public and private street frontages, except for alleys. The requirements of the City of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications shall apply. Sidewalks Adiacent to Public Lands. The developer shall install sidewalks adjacent to public lands, including but not limited to, parks, open space, and the intersection of alleys and streets or street easements. C. Timing. The following requirements regarding the timing of the installation of sidewalks shall apply: 1. For subdivision improvements, please refer to ~18.74.030.B.2, BMC. 2. For site development improvements, sidewalks shall be installed prior to issuance of an occupancy permit, or shall be subject to an approved improvements agreement and financially guaranteed, as specified in Chapter 18.74, BMC. 18.44.090 ACCESS A. General. All final site plans and plats shall contain a statement requiring lot accesses to be built to the standard contained in this section, the City of Bozeman Design Standards and Specifications Policy, and the City of Bozeman Modifications to Montana Public Works Standard Specifications. 1. Lot Access Standards. The drive approach shall be constructed in accordance with the City's standard approach, which includes a concrete apron, sidewalk section and drop- curb. a. A City curb cut and sidewalk permit must be obtained from the Engineering Department prior to installation of the approach. Access shall comply with any City-adopted Uniform Fire Code. 2. Ordinance # 1693: Effective March 24, 2007. page 44-5 B. Drive Access From Improved Public Street, Approved Private Street or Alley Required. 1. For purposes of this code, "improved" public street, approved private street, or alley . means and includes: a. Any street or alley within the City constructed to a standard which meets or exceeds standards established by this title, the City of Bozeman Design Standards and Specifications Policy, and the City of Bozeman Modifications to Montana Public Works Standard Specifications; b. Constructed public streets which may not meet current City standards but which are constructed to a standard that has historically provided an adequate level of service to adjacent properties, which level of service would not be degraded as a result of a pending development proposal. 2. Unless otherwise allowed by this title, all lots shall be provided with legal and physical access via one of the following options: a. Twenty-five feet of frontage on a public or approved private street; b. Twenty-five feet of frontage on a public or approved private street AND an improved alley; or c. Twenty-five feet of frontage on an improved alley AND a greenway corridor or trail corridor with public access. This option may require additional improvements to the alley to accommodate emergency access, snow removal and storage, and the provision of utilities. The alley may also require signage for the provision of emergency services. C. Drive Access Requirements. 1. Drive accesses are required for commercial parking lots and parking lots for residential . developments subject to the site plan review procedures of Chapter 18.34, BMC. Parking areas for residential developments subject to the sketch plan review procedures of ~18.34.050, BMC, may take access directly from an improved public street, approved private street or improved alley as defined in subsection (B)(I) of this section with access provided according to the provisions of this section and ~18.46.020.D, BMC. 2. All drive accesses installed, altered, changed, replaced or extended shall comply with the following requirements: a. Residential. (1) Residential lots shall not have direct access to arterials or collectors, unless the standards contained in Table 44-3 are complied with; (2) Single-household drive access openings shall not exceed 24 feet in width measured at the right-of-way line and 34 feet in width measured at the curb line. All residential complexes for fewer than five households are considered single-household residences for the purpose of this section; (3) Adjoining accesses for townhouses shall not exceed a combined total of 40 feet in width measured at the right-of-way line. Townhouses with physical separation between drive accesses shall be reviewed as single- household drive access. For the purposes of this section, physical separation means a landscaped area greater than or equal to 10 feet in width between paved areas and extending from the front line of the building to the right-of-way line; and (4) Residential complexes with five or more dwelling units shall be . considered commercial (nonresidential) establishments for the purpose of~18.44.090.C, except that separated parking facilities for individual Ordinance # 1693: Effective March 24,2007. page 44-6 townhouse units shall be considered the same as single-household parking facilities. Nonresidential. (1) Commercial drive access widths shall be a maximmn of 35 feet measured at the inside edge of the drive access extended, at its intersection with the projected curb line of the intersecting street. Two~way drive access shall be a minimum of 24 feet and one-way drive access shall be a minimum of 16 feet. (2) Industrial drive access widths shall be a maximmn of 40 feet measured at the inside edge of the drive access extended, at its intersection with the projected curb line of the intersecting street. Two-way drive accesses shall be a minimum of 24 feet and one-way drive accesses shall be a minimum of 16 feet. Drive accesses for all multiple tenant commercial buildings or complexes/ centers, or industrial drive accesses shall be set back a minimmn of 20 feet from the adjacent property lin~ unless such drive access is approved as a shared drive access. d. Drive accesses to drive-in theaters, stadimns, racetracks, funeral homes or uses generating very heavy periodic traffic conflicts shall be located not closer than 200 feet to any pedestrian or vehicular entrance or exit to a school, college, university, church, hospital, public emergency shelter or other place of public assembly. e. All commercial and industrial drive accesses on arterial streets shall have 15~foot retwn radii unless otherwise approved by the Director of Public Service. All commercial and industrial drive accesses on other streets may have either return radii or depressed curbs. The minimum radius allowed is 4 feet. Spacing Standards for Drive Accesses. 1. General. a. Consolidation of access points onto public streets, to achieve a distance between access points in excess of the minimmn standards in this section, is desired and shall be considered during all levels of site plan review. b. For the purposes of this section public or private access means any street, alley, driveway or other point of vehicular access to a publicly controlled street. c. The distance between public and/or private accesses on a public street shall be measured between the right-of-way line for public accesses and the nearest inside edges of private accesses according to the following distances specified in subsections 2 and 3 below. d Subsection D of this section does not apply to single-household, duplex or triplex structures on individual lots. 2. Standards for Development Approved Before July 10, 2002. The provisions of this section apply to development proposals receiving preliminary approval by the final decision making body prior to July 10, 2002. a. Distance from Intersection. Public or private access distance from street intersections shall be subject to the following minimum dimensions: . . D. . b. c. Ordinance # 1693: Effective March 24, 2007. page 44.7 Table 44-1 Access Located on Access Located on Access Located on Arterial Streets Collector Streets Local Streets Distances from Distances from Distances from Inters!:ction Intersection Intersection Nearest Commercial C..ommercial Commercial Intersecting Residential Ilndustrial Residential Ilndustrial Residential IIndmtrial Street District District District District District District Arterial 150' 200' 100' 150' 40' 100' Collector 150' 150' 40' 150' 40' 80' Local 100' 150' 40' 100' 40' 80' Note: All distanres shall Ix measumlfrrm tlx inside ~ of tlx access, extendtrl at its intersroion with tlx projrtal atrb line oftlx in1erseaing street, to tlx right-of-way line, alor1& tlx strff1~ ripj;t-of-way line See Figure 18.44.090 in APJWdix A.. b. Distance Between Public and/or Private Accesses Standards. The distance between public and/or private accesses shall be subject to the following minimum dimensions: Table 44-2 Access Located on Access Located on Access Located on Local Arterial Streets Collector Streets Streets Commercial Commercial Commercial Minimum Residential Ilndustrial Residential Ilndustrial Residential Ilndustrial Spacing District District District District District District Partial Access! 80' 150' 60' 80' 40' 60' Full Access2 100' 150' 100' 150' 40' 80' Minimum Separation 60' 100' 60' 80' 40' 60 - 3. 1 PartUd access includes rigfn turn in and out only. 2 Full access allows all turn~, in and out. Standards for Development Approved after July 10,2002. This section shall apply to all development receiving preliminary approval after July 10, 2002. These standards apply to the minimum distance betWeen public and! or private accesses and intersections, and the minimum distance between public and/or private accesses and other public and/or pnvate accesses. Table 44-3 Access Located on Access Located on Access Located on Arterial Streets Collector Streets Local Streets Average Spacing In All Districts In All Districts In All Districts Partial Access 1 315' 150' 40'3 Full Access2 660' 330' 40'3 Minimum Separation 315' 150' 40' . . 1 Partial access indudes right turn in and out only. 2 Full access allaws all turn~, in and out. .lAccesses on local streets shall be at least 150 feet from an intersection with an arterial. E. Number and Location of Drive Accesses. 1. Single-household uses shall be limited to one drive access per street face, except on properties abutting arterial streets in which case shared accesses, or driveways facilitating the turning of automobiles on~site, shall be required 2. Notwithstanding any other provisions of this title, drive accesses may not be located . closer than 5 feet to any side property line, unless shared access, as defined in ~18.80.2770, with the adjoining property is approved. This standard does not apply to Ordinance # 1693: Effective March 24, 2007. page 44-8 .. . G. the shared side property line of townhouses units with adjacent garages using attached driveways. Shared Drive Access. The City desires and encourages sharing access drives, as defmed in Chapter 18.80, BMC, between separate parcels. Access Approval Required. All drive accesses shall be approved by the City Engineer for width and location. Modifications of Property Access Standards. 1. Some of the standards listed in subsections C through E of this section, may be relaxed by the City Engineer if it is shown during the development review process that more efficient design can be accomplished without jeopardizing the public's health, safety and welfare, the intent of this title, or the intent of the City's growth policy. 2. Modifications from access standards shall be approved at the discretion of the City Engineer. 3. Commercial developments (including residential complexes for five or more households) which may not be able to meet the requirements of subsections C through E of this section, and are requesting modifications from the standards, shall submit to the City Engineer a report cenified by a professional engineer addressing the following site conditions, both present and future: a. Traffic volumes; b. Turning movements; c. Traffic controls; d. Site design; e. Sight distances; and f. Location and alignment of other access points. 4. Based upon the above data, the City Engineer shall determine whether a modification from the required standards is justified and, if so, what alternative requirements will be necessary. H. 18.44.100 STREET VISION TRIANGLE A. Arterial Streets. On comer lots on arterial streets in all districts, no fence, wall or planting in excess of 30 inches above the street centerline grade shall be permitted within a triangular area defined as follows: beginning at the intersection of the projected curblines of the two intersection streets, thence 50 feet along one curb line, thence diagonally to the point 50 feet from the point of beginning on the other curblines, then to the point of beginning. B. Collector and Local Streets. On comer lots, on collector and local streets, in all districts, no fence, wall or planting in excess of 30 inches above the street centerline grades shall be permitted within a triangular area defined as follows: beginning at the intersection of the projected curblines of two intersecting streets, thence 40 feet along one curb line, thence diagonally to a point 40 feet from the point of beginning on the other curb line, then to the point of beginning. C. Driveways and Alleys. At the intersection of each driveway or alley with a street, no fence, wall or planting in excess of 30 inches above the street centerline grade shall be permitted within a triangular area where comers 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 10 feet outside the right- Ordinance # 1693: Effective March 24, 2007. page 44-9 D. E. of-way. Any driveway or alley wider than 30' curb to curb at the right-of-way line shall use the vision triangle standard for local streets when intersecting local, collector, or anerial streets. 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 10 feet above centerline of intersecting streets. 2. Trees which are located in the street vision triangle and which preexisted the adoption of this title may be allowed to remain, provided the trees are trinuned such that no limbs or foliage exist below a height of 10 feet above centerline grades of intersecting streets. For an illustration of the requirements of this section see Figure 18.44.100 in Appendix A. . 18.44.110 TRANSPORTATION PATHWAYS A. General. Developers shall install pathways in accordance with this title, the growth policy, the Greater Bozeman Area Transportation Plan Year 2001 Update, any adopted Citywide park plan, and any adopted Park Master Plan, and shall comply with City of Bozeman design specifications. See also ~~18.42.100, 18.50.070 and 18.50.110, BMC. B. Pathway Categories. "Ibe DRC shall be responsible for determining whether a pathway is a transportation pathway or a recreation pathway. For subdivision and planned unit development proposals, this determination shall be made during the pre-application process. 1. Transportation Pathways. Developers shall install transportation pathways, to provide adequate multimodal transportation facilities within the development, as pan of the required development improvements. Transportation pathways shall be ADA accessible, . and include the following types of facilities: a. Sidewalks; b. On-street bike lanes and bike routes; c. Boulevard trails; and d. Class I trails; (1) With the exception of trail corridors within required watercourse setbacks, corridors for Class I trails shall be dedicated to the City. The dedicated trail corridor shall be at least 25 feet in width to ensure adequate room for the construction, maintenance and use of the trail. Transportation trail corridors can not be used to satisfy park land dedication requirements. e. Pathways that connect community or neighborhood commercial nodes by a reasonably direct route; or f. Pathways that connect major residential, employment, educational, or other service nodes by a reasonably direct route. 2. Recreation Pathways. Forthe definition of recreation pathways, please see ~18.50.110.B, BMC. Related Facilities. If pathways are proposed or required, stream crossings and other similar improvements, where necessary, shall be installed Bridge design and construction shall comply with City specifications and standards, and shall be submitted to the Planning Department for review and approval. Any necessary permits for bridges shall be obtained by the developer from the appropriate agency prior to installation of the stream crossings. c. Ordinance # 1693: Effective March 24,2007. page 44-10 . D. . E. . F. Trail Requirements. The class of the trail shall be determined by the Recreation and Parks Advisory Board, and the trail shall be designed and constructed according to any adopted park or recreation plan or other City specifications and standards. Trails and bridges must meet Americans with Disabilities Act (ADA) specifications for recreational facilities and maintain a natural appearance. Trail plans and specifications shall be submitted to the Planning Department for review and approval prior to installation. Bicycle Lanes and Boulevard Trails. Wherever new streets are to be developed as a result of a development proposal, or wherever existing streets or roads are required to be improved, and upon a recommendation from the Bozeman Bicycle Advisory Board (BBAB), the developer may be required to incorporate striped bicycle lanes along the shoulder, meeting current AASHfO standards, into the design and construction or improvement of the streets or roads. The decision to install a boulevard trail instead of a bike lane shall be based on the Bike Route Network Map (Figure 6-4) contained in the Greater Bozeman Area Transportation Plan Year 2001 Update. The City Commission may consider exceptions based on the particular characteristics of a transponation corridor and recommendations from the DRC and the BBAB. Boulevard trails and bike lanes shall be designed and constructed in accordance with the Greater Bozeman Area Transportation Plan Year 2001 Update and any other applicable City specifications and standards. Pathway Maintenance. Trails within and adjacent to the proposed development, as well as off- street pathways (i.e., sidewalks and boulevard trails) along external development streets, shall be maintained (including snow removal) in accordance with an approved maintenance plan by the developer until 50 percent of the lots within the development area sold. Thereafter the property owners association shall be responsible for maintenance. The property owners association may establish an improvement district to collect assessments to pay for the maintenance. Pathway Easements. Where pathways cross private land or common open space, the proper public access easements shall be provided. Public access easements for pathways shall be at least 25 feet wide. Trails in Required Watercourse Setbacks. Trail corridors within required watercourse setbacks shall not be dedicated to the City, and such land may not be used to satisfy park land dedication requirements. When publicly accessible trails are established within required watercourse setbacks, public access easements at least 25 feet in width shall be provided to ensure adequate room for the construction, maintenance and use of the trail. Corridors for transportation pathways shall not be used to satisfy park land dedication requirements. G. H I. 18.44.120 PUBLIC TRANSPORTATION A. Street Design. All interior and exterior development streets that are designated as transit routes shall be designed to accommodate transit vehicles and facilities. Transit considerations for street design include, but are not limited to: 1. Pavement design; 2. Lane width; 3. Comer radii; 4. Street grade; 5. Curb height; and . 6. Right-of-way width. Ordinance # 1693: Effective March 24, 2007. page 44-11 B. Other Transit Considerations. Developments with designated transit routes shall be designed with consideration to the following requirements: 1. Spacing of Transit Sto~. All lots within the development shall be not further than one- half mile from a designated transit route; 2. Length of Transit Stops. Developments shall be designed to accommodate a bus length of at least 90 feet on designated transit routes; 3. Distance from Intersection. Transit stops shall be at least 5 feet from pedestrian crosswalks or the end of comer radii; 4. Driveway Conflicts. Lots and lot accesses shall be configured to avoid conflicts with transit stops; and 5. Lighting. Subdivision street lighting shall be configured to provide adequate lighting at transit stops. If any streets on the interior or exterior of the development are designated as transit routes, the City Commission may require the developer to provide transit facilities such as transit stop signage, benches, bike racks, lighting and bus shelters. c. Ordinance # 1693: Effective March 24, 2007. page 44-12 . . . . . . CHAPTER 18.46 PARKING 18.46.010 GENERAL PROVISIONS The purpose of these standards is to provide functional parking areas adequate to the needs of users, create shaded areas within parking lots, reduce glare and heat build up, provide visual relief within paved parking areas, emphasize circulation patterns and enhance the visual environment. In achieving these purposes this chapter interacts with the requirements of Chapter 18.48, BMC The design of off-street parking shall primarily be the responsibility of the developer and shall consider traffic circulation, intended landscaping, pedestrian access and circulation, and other purposes of this title. A. Floor Area. 1. The term "floor area," for the purpose of calculating the number of off-street parking spaces required, shall mean 85 percent of the gross floor area, as defined in Chapter 18.80, BMC. However, at the election of the property owner, floor area shall mean the gross floor area, as defined in Chapter 18.80, BMC, minus the following: a. Wmdow display areas; b. Storage areas; c. Areas used for incidental repair of equipment used or sold on the premises; d. Areas occupied by toilets and restrooms, kitchens or breakrooms; e. Areas occupied by public utility facilities; f. Areas occupied by dressing rooms, fitting or alteration rooms incidental to the sale of clothing; g. Areas occupied by stairways and elevators; and h. Corridors connecting rooms or suites of rooms. Such election shall be made in writing to the Planning Director, shall be signed and acknowledged by the owner, and shall be filed with the Planning Director prior to the issuance of a building permit for such building. The owner shall also be responsible for certifying other information upon which parking requirements may be based, such as seats, and the number of employees on maximum working shift. 2. Where applicable, the number of spaces required in ~18.46.040 of this chapter will be the total of the spaces required for the component activities of certain uses, each calculated separately. B. Change of Use or Occupancy of Buildings. With any change of use or occupancy of any building or buildings, including additions to buildings, that may require more parking, an occupancy permit is required and shall not be issued until such additional parking spaces, as required by this title, are provided for. C. Improvement Schedule. All parking area improvements to include surfacing, drainage, walkways, lighting, landscaping, screening, traffic control, etc. shall be installed according to the provisions of Chapter 18.74, BMC. D. Stacking of Off-Street Parking Spaces. Required parking spaces shall be located so as to preclude stacking of off-street parking spaces, with the exception of single household dwellings and individual townhouse units, and duplexes with physically separated individual driveways. 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 Ordinance # 1693: Effective March 24, 2007. page 46-1 E. F. 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. Generally, not more than two cars may be stacked. No Parking Permitted in Required Front or Side Yards. Required parking spaces s~all not be located in any required front or side yard, except that detached single household dwellings and townhouses, and duplexes with physically separated individual driveways, may have one space located within a driveway area in the required front yard for each parking space located directly in f~ont of the driveway area and outside of the required front yard Parking is permitted within required rear yards. . 18.46.020 STALL, AISLE AND DRIVEWAY DESIGN A Parking Dimensions. The following shall be the minimum parking space dimensions: See also Figure 18.46.020, Appendix A Table 46-1 Widthl Length Aisle Angle Standard Disabled6 CompactS Standard Disabled CompactS Width 90 9' 13' 8' 18/202 18/202 16' 263 60 9' 13' 8' 18/202 18/202 16' 18/234 45 9' 13' 8' 18/202 18/202 16' 15/234 Notes: 1 As measurr:d by a line perpendiaJar to the stall line at a point on the outside end of the stall, except wIm the stall is on the inside ~ of a cune, in u.hidJ rn.se the point of mmsurunent shall Ix on the inside end of the stall. 2 Eightren feet if rrIl'd.S'U"ffri firm a rnrb on the inside ~ of the stall; 20 feet if measurai frrm a paintalline on the inside ~ of the stall. Stall . /engfh variations are suhjat to appruwl by the Oty Enginrer. 3 For 90. parking, aisles are tlW'lt.tIy; 4 First nurnb?r nfers to one"lM)' traf/ir and the second nurnb?r to tlW'lt.tIy traffic./f the aisle is naded as a fire lane, a 20-foot minimum is mptiml 5 Unless o-therwise appromi, all parking spaces shall be of sumdard width and length. In any parkingfacility aJl1tdining 20 or more parking spates, a maximwn of 25 percent of the providtd parking spaces may be raIuad in size for small cars, pravidai these spaces shall be clearly idenJijied with a sign p;nnanmtly affixed UrnmJiately in front of eadJ space ~ the notation, "Cmtfucts Only. >> Whtn fazsiHe, all small CAT spaces shall be locatai in one or more rontiguous amlS cmd/ or adjacent to ingress tgn:SS points within parkingfacilities. Location of CUI7{Ul1 CAT parking spaces shall not create traf/ir ~ or impxIe traf/ir flows. 61he first disabledtUll'SsiHe parking stall shall171lEl the standards of 18.46.040.D.2a. 7/f parking stalls within the interior of a gara~ space are rountai tauurd a dmI.ojment's requimi parking rmis, then they shall171lEl the standard parking stall width of 9 feet and the standard parking stall length of 20 feet. B. Within Structures. The off-street parking requirements may be furnished by providing spaces so designated within the principal building or accessory parking structure. However, no building permit shall be used to convert the parking structures into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this title. Circulation Between Bays. Except in the case of one- to three-household dwellings and individual townhouse units, parking areas shall be designed so that circulation between parking bays occurs within the designated parking lot and does not depend upon a public street or alley. Turning radii between bays and additional backup length for dead end aisles shall conform with requirements of the Uniform Fire Code. Backing Requirements. All required parking must have adequate back-up maneuverability as specified in Table 46~ 1. The aisle width calculation may incorporate the width of the public . c. D. Ordinance # 1693: Effective March 24,2007. page 46-2 . .. . E. right-of-way. Except in the case of one- to four-household dwellings and individual townhouse- style units with individual garages, parking area design which requires backing into the public street is prohibited. With the exception of residential development, parking area design which requires backing into the public alley is prohibited Parallel Parking Spaces. Parallel parking spaces shalf be a minimum of 24 feet in length and 7 ~eet in width measured from the inside edge of a curb or the inside edge of the asphalt if curbing IS not present. Surfacing. Except for one-household development on individual lots, all areas intended to be utilized for permanent parking space and driveways shall be paved with concrete or asphaltic concrete, or approved pavers, to control dust and drainage. All proposed parking areas and driveway improvements shall require a grading and drainage plan approved by the City Engineer. However, paving shall not be required for permitted and conditional uses in the R-S zoning districts when all of the following circumstances exist: 1. The use is required to provide fewer than fifteen parking spaces and no loading spaces under the provisions of this section; 2. The lot or tract on which the use is located is not adjacent to a paved street or road; and 3. The applicant shall enter into an improvements agreement with the City agreeing that the lot shall be paved within nine months of the time an adjacent roadway is paved. Striping. Except for one- to three~household dwellings and individual townhouse units, all parking stalls shall be marked with white or yellow painted lines not less than 4 inches wide. Lighting. Any lighting used to illuminate an off-street parking area shall be in compliance with the lighting restrictions in ~18.42.150, BMC. Signs. No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking area. All signs shall conform to the requirements of Chapter 18.52, BMC. Parking Lot Curbing. 1. Except for individual townhouse units and one~ to three-household dwellings, all open off-street parking areas and driveways shall have a 6-inch by 6-inch perimeter concrete curb around the entire parking lot, including driving access ways. Continuous concrete curbing shall be built according to standards provided by the City Engineer. 2. Concrete pindown wheel stops may be permitted as an alternative to continuous concrete curbing in front of parking spaces which front on the perimeter of the parking lot. However, continuous concrete curbing as described above shall be provided in all situations where deemed necessary by the City Engineer to control drainage and soil erOSIOn. 3. Alternative perimeter treatment may be permitted adjacent to snow storage areas subject to the approval of the City Engineer. 4. Requirements for perimeter curbing shall not preclude opportunities for shared access between adjacent parking lots. Protruding Vehicles. All onsite parking stalls which abut property lines shall be designed and constructed such that parked vehicles shall not protrude over property lines. Pedestrian Facilities in Parking Lots. Concrete sidewalks a minimum of 3 feet in width shall be provided between any existing or proposed building and adjacent parking lot. Where sidewalk curbs serve as wheel stops, an additional 2 feet of sidewalk width is required. F. G. H J. K. L. Ordinance # 1693: Effective March 24, 2007. page 46-3 M. N. Snow Removal Storage Areas. Snow removal storage areas shall be provided sufficient to store snow accumulation on site. Such areas shall not cause unsafe ingress! egress to the parking areas, shall not cause snow to be deposited on public rights-of-way, shall not include areas provided for required parking access and spaces, and shall not be placed in such a manner as to damage landscaping. All snoW removal storage areas shall be located and designed such that the resultant stormwater runoff is directed into landscaped retention! detention and water quality improvement facilities as required by the Engineering Department, or in compliance with any adopted storm drainage ordinance or best practices manual. Parking and Stacking for Drive In!Drive 'Through Facilities. Required parking and stacking spaces for waiting automobiles shall provide a minimum of 2 stalls and 6 spaces for stacking per lane unless a traffic summary- shows that fewer spaces may be required. These spaces shall not in any manner inhibit on-site or off-site vehicular circulation. Ownership!Leasehold. Required parking lots shall be owned or leased by the owner or lessee of the building or use being served by such parking. Such parking lots shall be maintained as a parking lot so long as the building and! or use served is in operation or until another approved parking area is established for such building or use. Storm Water Drainage. Storm water drainage from parking lots shall be directed into landscaped detention! retention facilities and water quality improvement facilities as required by the Engineering Department, or in compliance with any adopted storm drainage ordinance and! or best practices manual adopted by the City. 18.46.030 MAINTENANCE OF PARKlNG AREAS O. P. . It shall be the joint and separate responsibility of the lessee and owner of the principal use, uses or building to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping . and required fences or screening. A Use of Required Parking Areas for Parking Only. Required off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles, except when permitted as a temporary use. B. Parking Spaces Identified and Maintained. All residential occupancies shall provide required off- street parking spaces. When enclosing a carpon or garage for storage or living purposes, an affidavit shall be submitted to the Planning Director identifying the required parking spaces necessary to comply with ~18.46.040, BMC below. 18.46.040 NUMBER OF PARKING SPACES REQUIRED The following minimum number of off-street, paved parking spaces shall be provided and maintained by ownership, easement and! or lease for and during the life of the respective uses hereinafter set forth. When calculation of the required parking results in a fraction of a parking space being required, a whole space shall be provided. Table 46.2 Parkin Two-bedroom wee-bedroom Dwellin s with more than three bedrooms 1 1.25 1.5 2 3 4 Ordinance # 1693: Effective March 24, 2007. page 46-4 . . residential facilities . Bed and breakfast Manufactured Home . . 2 A. Residential Uses. 1. Minirmun Requirement~. The munber of spaces shown in table 46-2 shall be provided In addition to the number of spaces required from the table 46-2, the required number of disabled parking stalls shall also be provided as required by table 46-6. All site plans submitted for pennit purposes shall identifY parking space allocations. a. One parking space for each 24 uninterrupted linear feet of available street frontage usable for on-street parking directly adjacent to a lot may be deducted from the total parking spaces required for a development. The number of on- street spaces calculated shall not exceed the number of dwellings on the lot. The width of drive accesses, designated non-parking areas, vision triangles, and similar circumstances shall not be considered to be available for the purpose of on-street parking space. 2. Adiustments to Minimum Requirements. a. Affordable Housing. When calculating the amount of required parking for affordable housing, as defined in Chapter 18.80, BMC, if the project is guaranteed for use as affordable housing for a minimum period of 20 years and the use as affordable housing is subject to long term monitoring to ensure compliance and continued use as affordable housing, Required parking spaces shall be calculated based on number of bedrooms outlined in Table 46-2, but shall not exceed 2 spaces per unit. b. Residential Uses in Mixed-use Proiects. In order to utilize this section, the long term availability of the nonresidential parking spaces upon which the use of this section was based shall be assured to the residents of the project. For the purposes of this section, residential parking shall be calculated as if on-street parking were available for all dwellings. The use of this section does not preclude the use of other sections of this title which may have the effect of reducing the required amount of parking. When calculating the amount of required parking for residential uses within a mixed-use project the amount of parking may be reduced subject to one of the following provisions: (1) A reduction of not more than 50 percent of the required number of spaces for residential uses may be taken, provided that the number of spaces which are reduced do not exceed 30 percent of the total spaces provided for the total project uses. Not withstanding the provisions of this subsection a minimum of 0.75 parking space per dwelling unit shall be provided; or (2) If the nonresidential portions of the project provide 300 percent or more of the number of off-street parking spaces required by the residential units, then the number of off-street parking spaces required per residential unit shall be zero, provided that the occupants of the residential units are permitted use of the provided nonresidential parking spaces. B. Nonresidential Uses. Ordinance # 1693: Effective March 24, 2007. page 46-5 1. Minimum Requirements. The number of spaces shown in table 46-3 shall be provided. In addition to the number of spaces required from table 46-3, the required number of disabled parking stalls required by table 46-6 shall also be provided. All site plans submitted for permit purposes shall identify parking space allocations. Maximum Parking. Provision of parking spaces in excess of 125 percent of the minimum number of spaces required for the net floor area in ~18. 46.040.B, BMC is not permitted. . 2. Table 46-3 Use Type Off-Street or Off-Road Parking Spaces Required Automobile sales 1 space per 200 square feet of indoor floor area; plus 1 spaces per 20 outdoor vehicle display spaces Automobile service 2 spaces per service stall, but no less than 4 spaces and/or repair station Automobile washing establishment a. 3 spaces or 1 for each employee on maximum shift; plus stacking a. Automatic space drive-through b. 2 spaces per stall not including washing or drying spaces b. Self-service Bank, financial 1 space per 300 square feet of floor area institutions 4 spaces per alley; plus Bowling alley 2 spaces per billiard table; plus 1 space per 4 persons of maximum occupancy load (as identified in the Church International Building Code) for main assembly hall, public assembly areas and classrooms Community or 1 space per 200 square feet of floor area recreation center Court clubs 1 space per 200 square feet of floor area; plus (racquetball, handball, tennis) 3 spaces per court Dancehalls, skating 1 space per 300 square feet of floor area rinks or similar uses Day care centers 1 space per 200 square feet of floor area Elderly (senior citizens) 1 space per unit housing Furniture stores over 3 spaces per 1,000 square feet of floor area 20,000 square feet 1 space per 200 square feet of main building floor area; plus Golf courses 1 space for every 2 practice tees in driving range; plus 4 spaces per each green in the playing area Hospitals 1 space per bed Medical and dental 4 spaces for each full time equivalent doctor or dentist; plus offices 1 space for each full time equivalent employee Manufacturing and 1 space per 1,000 square feet of floor area, plus industrial uses 1 space per 2 employees on maximum working shift 1.1 spaces per each guest room; plus Motels, Hotels 1 space per employee on maximum shift; plus spaces for accessory uses as Restaurants, bars, follows: dining rooms a. 1 space per 60 square feet of floor area b. Commercial area b. 1 space per each 400 square feet of floor area c. Public assembly c. 1 space for each 5 seats based upon design capacity, except that total off-street areas or off ~road parking for public assembly may be reduced by 1 space for every 4 guest rooms . . Ordinance # 1693: Effective March 24,2007. page 46-6 W"Sing homes, rest ames or similar uses Offices (except medical and dental Outdoor sales (plant nurseries, building materials, equipment rental and similar) Restaurants, cafes, bars and similar uses Retail store and service establishments Sales sites; model homes Schools Elementary and/or Junior Hi h Schools a. Senior High b. Business or similar school Theater, Auditorium or similar Warehousing, storage or handling of bulk oods Off-Street or Off.Road Parking Spaces Required 4 spaces; plus 1 space for each 3 beds; plus 1 s ace for each em 10 ee on maximum shift 1 space per 250 square feet of floor area with a minimum of 4 1 space per 500 square feet of sales and / or display area. The size of the sales and/ or display area shall be determined on a case by case basis. 1 space per 50 square feet of indoor public serving area; plus 1 space per 100 s uarc feet of outdoor atio) area 1 space per 300 square feet of floor area 1 space per 150 square feet of model floor areas; plus 1 space per employee 1.5 spaces for each classroom, library, lecture hall and cafeteria; plus 1 space for each 3 fixed seats in the area of public assembly, or 1 space for each 21 square feet of area available for ublic assemb if fixed seats are not rovided a. 1.5 spaces for each classroom or lectUre hall; plus 1 space per each 5 students; plus 1 space for each non-teaching employee; plus 1 space per each 3 fixed seats in the area of public assembly, or 1 space per 21 square feet of area available for public assembly if fixed seats are not provided b. 1 s ace for each 1.25 students 1 space per 4 seats based upon place of assembly design capacity 1 space per 1,000 square feet of floor area devoted to storage of goods; plus appropriate spaces to suport accessory office or retail sales facilities at 1 space per 300 s uare feet of floor are 3. Adjustments to Minimum Requirements. To implement the City's adopted growth policy, adjustment of parking requirements within certain areas of the City is desired Use of this section shall not be considered as joint use of parking or off~site parking regulated by ~18.46.050 and ~18.46.060, BMC nor shall the use of this section preclude the use of other sections of this title which may have the effect of reducing the required amount of on-site parking. a. Neighborhood Commercial. Within zoning districts implementing a Neighborhood Commercial growth policy designation or the B-3 zoning district, the parking requirements for non-residential uses may be reduced. Table 46-4 . Use Maximum Allowable Reduction Retail 40 percent Restaurant 50 percent Office 20 percent All Others 30 percent Transit An additional 10 percent reduction may be taken in circumstances where Availability the development is within 400 feet of a developed and serviced transit stop. b. Community Commercial. Within zoning districts lying within a commercial node, as defined in Chapter 18.80, and implementing a Community Commercial growth policy designation, the parking requirements for nonresidential uses may be reduced. Table 46-5 Ordinance # 1693: Effective March 24, 2007. page 46-7 Use Maximum Allowable Reduction Retail 10 percent Restaurant 20 percent Office 10 percent All Others 10 percent Transit An additional 10 percent reduction may be taken in circumstances where Availability the development is within 400 feet of a developed and serviced transit stop. c. Exceptions to These Parking Requirements. Because some situations (i.e., existing lots which have no landscaping, irregular lots, lots with topographic difficulties, etc.) would benefit from an alternative to the required maximmn parking areas; because the commW1.ity's appearance could benefit from additional landscaping, streetscaping and sculptural elements; and because parking exceptions and/or landscaping would encourage development within existing City boundaries; the following alternatives may be permitted These alternatives may be proposed by the developer for review by the ADR staff. Such proposals may be approved based on a determination that such alternatives meet the following requirements and will not create a congested on~street parking situation in the vicinity of the proposal. 1. Landscaping in Lieu of Parking. Except in the B~ 3 district, property owners have the option of requesting the deletion of up to 5 required spaces or 10 percent of the required parking spaces, whichever is less, if 350 square feet of landscaping, trees or streetscaping is installed on the property for each space so deleted. This shall not decrease the amount of landscaping that would have been required with full parking, but shall be in addition to such landscaping. This option shall be approved by the ADR staff. These improvements must be placed in the public right~of~way or yards directly facing the right ~of~way. 2. Exceptions and Modifications to Parking Requirements in B-3 District. Where all or part of the required parking spaces can not be provided for a proposed use in the B~ 3 District, either through ownership or lease of the necessary land, the petitioner may satisfy the parking requirements by providing an equivalent cash-in-lieu payment according to the following provisions: a. No building permit shall be issued, nor shall any use of property be initiated, unless a satisfactory cash-in-lieu payment is received by the Department of Finance; b. The Parking Commission shall review and consider all requests for cash-in-lieu payments and furnish a written and dated certificate, signed by the Parking Commission Chainnan, authorizing cash~in~lieu payments. A copy of this certificate shall be presented to the Chief Building Official and Planning Director before a building permit is issued or the use instituted; c. For each required parking space not provided, payment shall be made to the City Finance Department as specified by standard payment requirements established by the Bozeman Parking Commission; d. All real property assessed by special improvement district (SID) No. 565, or other similarly adopted improvement districts designed to provide additional parking spaces within the B~ 3 district, shall not be required to provide additional parking spaces beyond those required at the time of the SID adoption, provided the use of the real property and improvements remains unchanged from the initial assessments of SID No. 565, or other similarly adopted improvement districts; Ordinance # 1693: Effective March 24, 2007. page 46-8 . . . . D. . . (1) In the event that a new use or an expansion is initiated on any ponion of real property or improvements subsequent to the assessments for SID No. 565 or other similarly adopted improvement districts, then parking space requirements shall be satisfied prior to initiation of those new or expanded uses. Disabled Accessible Parking Spaces. 1. Disabled parking spaces shall be provided subject to federal standards enumerated in the Americans with Disabilities Act (ADA) dated January 26, 1992, and Federal Standard 795, (Uniform Federal Accessibility Standards) dated April 1, 1988, Chapter 4 (Accessible Elements and Spaces: Scope and Technical Requirements). Each disabled parking space shall also be accompanied by a sign stating "Permit Required $100 Fine". See Figure 18.46.040.D in Appendix A. 2. All parking lots and facilities shall be subject to current International Building Code guidelines for accessibility, and shall contain a minimum number of disabled accessible parking spaces as set fonh in the table below: Table 46-6 Total Parking Required Minimum Number of Total Parking Required Minimum Number of in Lot Accessible Spaces in Lot Accessible Spaces 1 to 25 1 201 to 300 7 26 to 50 2 301 to 400 8 51 to75 3 401 to 500 9 76 to 100 4 501 to 1000 2 percent of total 101 to 150 5 1001 and over 20 plus 1 for each 100 over 1000 151 to 200 6 3. a. The first accessible parking stall provided, and one in every eight accessible spaces provided thereafter, shall have an aisle 8 feet wide (rather than 5 feet) and shall be signed "van accessible." b. Accessible spaces shall be located as near as practical to a primary entrance(s) and shall be designated as those spaces closest to the primary entrance(s) to a facility. Parking spaces and access aisles shall be level with slopes not exceeding 1 :50 in all directions and shall be maintained in an ice and snow free condition. e. The minimum number of accessible parking spaces shall be in addition to any other required parking spaces. All accessible parking spaces shall be designated as reserved for the disabled by a sign showing the symbol of accessibility at each space. Such signs shall not be obscured by a vehicle parked in the space. Signs and symbols painted on the pavement as the only means of identification do not meet this requirement. See Figure 18.46.040.D in Appendix A. a. Raised signs shall be located at a distance no greater than 5 feet from the front of each accessible space and shall be subject to review and approval by the Planning Depanment. Provision of an accessible path of travel from each disabled accessible parking space to the entrance of the facility shall include ramped access where necessary and an unencumbered minimum 3-foot wide walk, sidewalk or ramps. The accessible path of travel shall be a paved, smooth surface, free of defects or design features that would restrict, inhibit or unreasonably impede the movement of a physically disabled individual. 4. Ordinance # 1693: Effective March 24, 2007. page 46-9 a. The least possible slope shall be used for any ramp. The maximwn slope of a ramp in new construction shall be 1: 12, cross slopes shall not exceed 0.25 inch per foot. The maximwn rise for any run shall be 30 inches. 5. Exceptions: Group R occupancies, per the most recently adopted International Building Code definition, containing three or less dwelling units or congregate residences accommodating ten persons or less. 6. Prior to occupancy, the applicant or their representative shall certify compliance with the requirements of subsection D of this section. Bicycle Racks Required. All site development, exclusive of those qualifying for sketch plan review per Chapter 18.34, BMC, shall provide adequate bicycle parking facilities to accommodate bicycle~riding residents and! or employees and customers of the proposed development. Bicycle parking facilities will be in conformance with standards recommended by the Bozeman Bicycle Advisory Board. 18.46.050 JOINT USE OF PARKING FACILITIES A. Up to 80 percent of the parking facilities required by this chapter for a church, civic center, performing arts center, or for an auditoriwn incidental to a public or parochial school may be supplied with the off-street parking facilities of the following daytime uses: banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale and similar uses. B. Shared parking may be requested if parking can be provided to serve two (2) or more individual land uses without conflict or encroachment. The Planning Director may make a determination for shared parking arrangements based on a traffic survey or traffic impact study for the site(s) based on the following: 1. At a minimwn, a traffic survey or traffic impact study must examine for all potential uses: trip generation, hours of operation, quantity of required parking spaces, quantity of spaces that will be filled during peak hour periods, and any unusual events that may occur during the year that will exceed the average parking requirement. The study must indicate that adequate parking exists to meet the demand of potential uses served as well as meet technical requirements as specified by the Planning Director. 2. The parties sharing parking spaces shall enter into a long-term joint use agreement revocable with City Commission approval, running with the term of the designated uses. C. Conditions Required for Toint Use. 1. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 1,000 feet of such parking facilities as measured by the route of travel from the nearest parking space to the commonly used entrance of the principal use served; 2. The applicant shall show that there is no substantial conflict in the operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed; and 3. A properly drawn legal instrwnent, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the Gty Attorney, shall be filed with the Clerk of the Commission and recorded with the County Clerk and Recorder. E. Ordinance # 1693: Effective March 24,2007. page 46~ 1 0 . . . 18.46.060 OFF-SITE PARKING a.....Any off-site parking which is used to meet the requirements of this title shall be reviewed by the .Ylanning Director for compliance with this title and shall be subject to the conditions listed below. A Off-site parking shall be developed and maintained in compliance with all requirements and. standards of this title; B. Reasonable access from off-site parking facilities to the use being served shall be provided; C. The site used for meeting the off~site parking requirements of this title shall be under the same ownership as the principal use being served, under public ownership, or shall have guaranteed permanent use by virtue of a perpetual lease filed with the Clerk of the Commission and the County Clerk and Recorder; D. Off-site parking for one-household and two-household dwellings shall not be pemritted; E. Off-site parking for multiple household dwellings shall not be located more than 100 feet from any commonly used entrance of the principal use served; F. Off-site parking for nonresidential uses shall not be located more than 1,000 feet from the commonly used entrance of the principal use as measured by the route of travel from the nearest parking space to the commonly used entrance of the principal use served and shall not be located in residential districts; and G. Any use which depends upon off-site parking to meet the requirements of this title shall maintain ownership or provide evidence of a long-term lease agreement, revocable with City Commission approval, running with the term of the designated use, for parking utilization of the off-site location. . . Ordinance # 1693: Effective March 24, 2007. page 46-11 . . . CHAPTER 18.48 LANDSCAPING 18.48.010 PURPOSE AND INTENT A. Purpose and Intent. The process of development, with its alteration of the natural topography and vegetation, and creation of impervious cover can have a negative effect on the ecological balance of an area by causing or accelerating the processes of runoff, erosion and sedimentation. The economic base of Bozeman can and should be protected through the preservation and enhancement of the area's unique natural beauty and environment. Recognizing that the general objectives of this chapter are to promote and protect the health, safety and welfare of the public, these landscaping regulations are adopted as part of this title for the following specific purposes: 1. To aid in stabilizing the environment's ecological balance by contributing to the process of air purification, oxygen regeneration, groundwater recharge, storm water runoff retardation, and improvement of water quality, while at the same time aiding in noise, glare and heat abatement; 2. To provide visual buffering between land uses of differing character by placing screening vegetation; 3 . To enhance the beauty of the City by expanding and strengthening the urban forest and providing a diversity of vegetation within the City; 4 . To protect the character and stability of residential, business, institutional and industrial areas by establishing minimum landscaping standards; 5. To preserve the value of land and buildings by protecting and enhancing the aesthetic character of the community; 6. To conserve energy by providing windbreaks, shade and temperature moderation; 7. To retard the spread of noxious weeds by encou~g a vigorous desirable plant community within the City; 8. To enhance the appearance of the entryways into the City by providing high-quality landscaping which complements architecture; 9. To encourage a pleasant and safe environment for pedestrians by placement of boulevard trees and other interesting visual features; and 1 0 To encourage the conservation of water by rewarding the use of low water demand landscaping. 18.48.020 INTERPRETATION AND SCOPE A. The provisions of this section shall apply to a lot or site when an application is being made for: 1. Site development approval pursuant to Chapter 18.34, BMC; 2. Signs pursuant to Chapter 18.52, BMC where landscaping is required; or 3. Restoration of a building that has been damaged or destroyed by fire, explosion, flood, tornado, riot, act of the public enemy or accident of any kind For purposes of this paragraph, "restoration" means the act of putting back into a former or original state, only. B. Not withstanding the application of subsection A above, these provisions shall not apply to the following: Ordinance # 1693: Effective March 24, 2007. page 48-1 Lots containing residential uses subject to sketch plan review when located outside entryway corridors, except that such lots shall be subject to ~18.48.050A and E, ~18.48.070 and ~18.48.100 of this chapter; Lots or sites within a planned unit development which has been approved with its own landscape plan. However, these provisions shall be used as the basis for determining the landscaping plans for future planned unit developments and such planned unit development landscaping plans shall meet or exceed the standards of these landscape regulations; or Lots or sites which are designed, reviewed and approved according to the deviation provisions specified in ~18.48.080 of this chapter. 18.48.030 GENERAL LANDSCAPING PROVISIONS 1. 2. 3. Designation of Artificial Lot. 1. All the lots and building sites described in ~18.48.020A of this chapter shall be subject to landscaping provisions, however if a building site is over two acres in size, the applicant may request that the Planning Director create an anificiallot to satisfy the requirements of ~18.48.040 of this chapter. 2. The Planning Director shall not create an anificiallot which would, in his/her opinion, violate the spirit of these landscape regulations. An artificial lot must: a. Wholly include the area on which the development is to occur; and b. Have an area that does not exceed 50 percent of the area of the original site. An anificiallot need not be platted, however it must be designated on plans approved by the Planning Director or City Commission prior to the issuance of a building permit. Landscape plans shall include the information required by ~18.78.100, BMC. Vegetation may only be used to satisfy the requirements of this chapter when it is located on the same zone lot as the development depicted on the landscape plan. 18.48.040 LANDSCAPE PLAN REVIEW A. The City Commission or other party designated to conduct reviews by this title shall review each landscape plan to determine whether or not it complies with the requirements of this section. B. All landscape plans must comply with the mandatory landscape provisions in ~18.48.050 of this chapter. C. In addition, all landscape plans must earn a minimum number of points as specified in ~18.48.060 of this chapter. Points are awarded for specified landscape features and elements based upon their relative value or merit. The alternatives for achieving the minimum points needed for approval are provided in ~18.48.060 of this chapter, Landscape Performance Standards. A. B. C. D. . . 18.48.050 MANDATORY LANDSCAPING PROVISIONS A. Yard Landscaping Required. For all uses in all districts, unless otherwise provided by specific approval through design review procedures, all front, side and rear yards, and those areas subject to ~18.48.050.E, BMC, exclusive of permitted access drives, parking areas and accessory structures, shall be landscaped as defined in this title. All landscaped areas shall be perpetually maintained in a healthy condition. 1. For purposes of defining yard landscaping requirements, the terms "yard, front yard, side . yard and rear yard" means the space between the actual building, parking lot, or other Ordinance # 1693: Effective March 24,2007. page 48-2 . . . B. structure (not the building setback line) and the adjacent lot line, which is open and unoccupied from the ground upward or from the ground downward other than by steps, walks, terraces, drivew-ays, lamp posts and similar structures, and unobstructed by structures, except as otherwise provided in this title. Additional Screening Requirements. The site plan or other approval .authority may require additional screening when it is determined to be in the best interest of the affected properties. Such additional screening may be required between existing and! or future: 1. One-household and multi-household developments or apartment buildings; 2. Multi-household and multi-household developments or apartment buildings; 3. Residential and nonresidential uses; or 4. Nonresidential uses of differing character and! or intensity. Parking Lot Landscaping. 1. For purposes of defining parking lot landscaping requirements, the term "parking lot" means the area within the perimeter of the paved portion of the parking lot, including driving aisles but not including drive accesses and parking stalls in front of garages where the use of one or more spaces within the garage is assigned to a particular dwelling. The provisions of this subsection do not apply to parking areas, as defined in Chapter 18.80, BMC, provided within a building or parking structure. 2. All surface parking lots on the building site or artificial lot, whichever is applicable, shall be landscaped in accordance with the following paragraphs which describe landscaping requirements in addition to the yard landscaping requirements for the site: a. Parking Lot Screening Required. (1) All parking lots located on a lot with a residential adjacency must be screened from that residential adjacency; (2) All parking lots located between a principal structure and a public street, except in M~ 1 and M-2 districts, must be screened from the public street; and (3) The screening required under paragraphs (1) and (2) above shall be not less than 4 feet in width and shall be maintained at a height of 4 to 6 feet except as otherwise restricted by fence and hedge height limits within required front yards and street vision triangles. b. Large canopy trees, large non canopy trees or small trees must be provided in, or within 20 feet of, the parking lot at a minimum average density of: (1) One large canopy tree; or (2) One large noncanopytree and 1 small tree; or (3) Three small trees for each 9 parking spaces required or provided, whichever is greater. c. No parking space may be located more than 90 feet from the trunk of a tree. d. No tree may be planted closer than 4 feet to the paved portion of the parking lot. e. Additionally, any parking lot providing 15 or more parking spaces shall have a minimum of 20 square feet of landscape area within the parking lot for each off- street parking space in the lot provided as follows: (1) The interior parking lot landscaping shall be designed to facilitate, control and denote proper vehicular circulation patterns; (2) Internal parking lot landscaping provided shall be proportionately dispersed so as to define aisles and limit unbroken rows of parking to a c. Ordinance # 1693: Effective March 24, 2007. page 48-3 D. E. F. maxirmun of 100 feet, with landscaped areas provided in an appropriate scale to the size of the parking lot; and (3) The minirnwn width and! or length of any parking lot landscaped area shall be 8 feet. f. The above standards are minimwn mandatory standards. The provisions of ~18.48.060 of this chapter require additional vegetation or other landscape features for receipt of performance standard points. Screening of Offstreet Loading Spaces. 1. All offstreet loading spaces on a lot with residential adjacency must be screened from that residential adjacency. 2. In all districts, except M-1 and M-2 districts, all offstreet loading spaces on a lot must be screened from all public streets adjacent to that lot. 3. The screening required under paragraphs 1 and 2 must be at least 6 feet in height. Street Frontage Landscaping Required 1. Except in R-S districts, all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways shall be landscaped, as defined in this title, and shall include one large canopy tree for each 50 feet of total street frontage rounded to the nearest whole nwnber. When this requirement conflicts with other requirements of this title or other ponion of the Bozeman Municipal Code the Planning Director may relax this standard to reach an optimal balance in public interests. a. Acceptable large canopy shade trees for use in public rights-of-way are those accepted by the Forestry Depanment. Street trees must meet the arboricultural specifications and standards of Chapter 12.30, BMC. The Forestry Depanment, in cooperation with the Bozeman Tree Advisory Board, publishes a pamphlet listing acceptable species and proper planting methods. Prior to planting street trees, a permit from the Forestry Department is required. 2. Where it may be impractical or difficult to plant large canopy trees within the public right-of-way (due to the presence of overhead power lines, for instance) the requirement for one large canopy tree for each 50 feet of street frontage may be substituted with two small ornamental trees per 50 feet of total street frontage. Acceptable small ornamental trees for use in public rights-of-way are those accepted by the Forestry Department. 3. The minirnwn quantity of trees and other landscaping required and provided in the public right-of-way as described herein shall be designed to complement onsite landscaping and to enhance the proposed development project and the meetscape. Street Median Island Landscaping. All street median islands approved through a plan review process shall be landscaped according to requirements determined through the plan review process. Acceptable Landscape Materials. 1. Generally acceptable plant materials shall be those identified as hardy in Zones 1 through 3. The characteristics of the zones are described in The Western Garden Book, Sunset Publishing Corporation, 1995. Alternatives may be considered upon a case by case basis. However, in the case of street frontage landscaping as required in ~18.48.050.E above, acceptable tree species shall be limited to those approved by the Forestry Department. 2. No anificial plant materials may be used to satisfy the requirements of this chapter. G. Ordinance # 1693: Effective March 24,2007. page 48-4 . . . . . . 3. Plant materials used to satisfy the requirements of this chapter must comply with the following minimum size requirements at the time of installation (depending on the standard measuring technique for the species): a. Large canopy and noncanopy trees must have either: (1) For deciduous trees a minimum caliper of 1.5 inches to 2 inches; or (2) For evergreen trees a minimum height of 8 feet. b. Small canopy and non canopy trees must have either: (1) For deciduous trees a minimum caliper of 1 inch; or (2) For evergreen trees a minimum height of 6 feet. c. All other nonturl plantings shall meet American Nursery and Landscape Association standards. 4. For purposes of subsection G.3 of this section, height is measured from the top of the root ball or, if the plant is in a container, from the top soil level in the container. Protection of Landscape Areas. 1. Perimeter parking lot treatment as required in ~18.46.020.J, BMC shall be installed to protect landscape areas adjacent to parking lots. 2. Landscaped areas within parking lots (i.e., landscape islands or peninsulas) must be protected from vehicular traffic through the use of continuous concrete curbs, or other permanent barriers approved by the City Engineer. Railroad ties, rolled asphalt, pin down wheel stops or similar methods of curbing are not acceptable methods of landscape protection within parking lots. Irrigation Standards. 1. Permanent irrigation systems shall be provided to all landscaped areas. The use of hose bibs on the exterior of existing or proposed structures is not an acceptable method of landscape irrigation unless the landscaped area is adjacent to the existing or proposed structure. 2. All irrigation systems and landscaped areas shall be designed, constructed, operated and maintained so as to promote water conservation and prevent water overflow or seepage into the street, sidewalk or parking areas. J. Required Use of Trees. All landscape plans must include, for each yard with a residential adjacency, at least one of the performance standards in ~18.48.060.B of this chapter that requires the use of one or more trees. H. I. K. Coordination with Utilities. In order to prevent damage to both vegetation and public utility lines, all trees and other large vegetation shall be planted no closer than the minimum distance specified in the City of Bozeman Design Standards and Specifications Policy. Maximum Allowable Slope or Grade. 1. The finish grade of all landscaped areas, including but not limited to, required yards, parking lot landscape islands, open space areas, plaza areas, watercourse corridors, landscaped areas adjacent to sidewalks, public trials or pathways, and any storm water facilities proposed in required yards, dedicated parkland, or open space areas shall not exceed a slope of25% .b1fade (4 run: 1 rise). 2. The slope percent is computed by dividing the vertical distance by the horizontal distance multiplied by 100. The degree of slope is equal to the tangent of vertical distance over horizontal distance (refer to Figure 18.48.050.L of the Appendix). 3. The Planning Director may vary the maximum allowable slope of 25% grade to protect existing topographical or natural features (i.e., watercourse, wetlands, mature L. Ordinance # 1693: Effective March 24, 2007. page 48-5 4. vegetation) associated with a site. Alternatives to exceeding the maximum allowable slope of 25% may include terracing, retaining walls, architectural appurtenances, landscape features, or a combination thereof that will achieve a greater design quality and enhanced landscape features. All landscaped areas to be finished in grass that exceed a maximum allowable slope of 25% grade shall be installed as turf sod, or hydro-seed. If hydro-seed is utilized, additional erosion control fabric (i.e., matting or blanket), or equivalent thereof) shall be provided to ensure a stable slope for a minimum of one (1) calendar year while the vegetation becomes established. 18.48.060 LANDSCAPE PERFORMANCE STANDARDS A. In addition to complying with the mandatory landscape provisions in ~18.48.050 of this chapter, all landscape plans must eam a minimum number of points as specified below. Points are awarded for specified landscape features and elements based upon their relative value or merit. 1. The minimum number of points needed for landscape plan approval by zoning district is as follows: Table 48M 1 Zoning District Lot WIth Residential Adjacency Lot Wrthout Residential (as defined in ~18.80.1730, BMC) Adjacency All districts not listed below 23 15 B-1 18 15 B.3 ("core area" as defined in ~18.18.01O.C.1) 13 (0) 13 (0) PUD site plans 23 15 Residential PUD non-site specific open space plans shall meet or exceed the standards of these 15 15 landscaping regulations unless a specific relaxation has been granted Commercial PUD non-site specific open space plans shall meet or exceed the standards of these 23 15 landscaping regulations unless a specific relaxation has been granted B. 2. The points required under ~18.48.060.A.1 above may be eamed by enhancing mandatory yard landscaping through a combination of one or more of the methods provided for in subsections B, C, and D of this section. The landscaping required by ~18.48.050, BMC, except subsection E for boulevard trees, may be used to meet the requirements of this sectIon Yard Landscaping Enhancement. When considering whether landscaping meets the requirements of this section, groupings must be placed in such a fashion as to be related and mutually supportive of design quality and be placed so as to allow the healthy development of . . matunng vegetauon. 1. Points may be earned for use of certain vegetation types as follows: Ordinance # 1693: Effective March 24, 2007. page 48-6 . . . . 2. a. TIrree points are awarded for the installation of 50 percent or greater of the surface area of the yard with drought tolerant species of herbaceous pereIUlials, and grasses accepting of maintenance by aIUlual mowing and limited irrigation; b. TIrree points are awarded for the installation of drought tolerant species for greater than 50 percent and less than 75 percent of the number of trees and shrubs; c. Five points are awarded for the installation of drought tolerant species for 75 percent or greater of the number of trees and shrubs; and d One point shall be awarded for each mature tree existing on-site over 6 inches in caliper which is preserved by the proposed design of the site development. In order to utilize this subsection, the tree must have remaining life expectancy of at least 20 years and be protected from damage during construction. Caliper shall be measured at 1 foot above grade. Five points per yard (up to fifteen points maximum) are awarded when the landscaped yard contains, for each 50 linear feet of each landscaped yard, one or more of the plant elements in both columns A and B below: Table 48-2 Column A Column B 1 large canopy tree 3 evergreen shrubs and 3 deciduous shrubs 1 large noncanopy tree 2 small ornamental trees 2 small ornamental trees 2 large evergreen trees 6 evergreen shrubs 6 deciduous shrub . . 3. a. The required plant elements from columns A and B above may be arranged in any combination meeting the quantity requirements of ~18.48.060.B, BMC. In the case of a lot with residential adjacency only, eight points are awarded for providing vegetative screening in the landscaped yard with residential adjacency in accordance with the following subparagraphs: a. The screening must be of natural vegetation at least 6 feet in height; b. The screening must extend along the entire length of the portion of the landscaped yard where a residential adjacency exists, exclusive of: (1) Public street frontage; (2) Driveways and accessways at points of ingress and egress to the lot; and (3) Street vision triangles; c. However, no points are awarded for screening required by ~18.48.050.B, BMC unless the required screening is constructed of earthen berm or evergreen plant materials; d If screening is provided by an earthen berm or evergreen plant materials, the following additional regulations apply: Ordinance # 1693: Effective March 24, 2007. page 48-7 c. (1) An earthen berm must be planted with groundcover. The earthen berm may not have a slope that exceeds 1 foot of rise for each 2 feet of run and must be at least 4 feet high, including planting materials, subject to front yard and street vision triangle height limitations. (2) Evergreen plant materials must: (a) Be located in a bed that is at least 3 feet wide; (b) Be placed a maximum of 48 inches on center over the entire length of the bed unless an alternative planting density that a landscape architect certifies as being capable of providing a solid appearance within three years is approved; and ( c) Provide a visual barrier of the required height within three years of their initial planting; 4. Two points may be awarded when foundation plantings obscuring not less than 70 percent of the building perimeter, exclusive of entl)'S, are provided. 5. One point (up to five points maximum) is awarded when the landscaped roof contains, for each 500 square feet of landscaped roof, one or more of the plant elements in both columns A and B of Table 48-2. In order to qualify, a landscaped roof shall meet all requirements of this title including at least 75 percent coverage with live vegetation and permanent rrngatlon. Non-vegetative Special Features. 1. Five points are awarded if the commercial building is located on the site so that 50 percent or more of the street facade of the building is within a distance of 3 feet or less from the required front building line, i.e. front yard setback line, as defined in Chapter 18.80, BMC; 2. A maximum of eight points may be awarded when a site is graded and! or terraced utilizing natural stone or prefabricated decorative masonry retaining wall material as a drystack or mortared wall. In order to qualify for the points available in this section the wall portion must: a. Be 5 percent of the length of the total perimeter of the lot or artificial lot for each two points to be awarded; b. Have a venical face surface of at least 1 foot along the length of the area to be considered for (a) above; c. Be integrated with other landscaping materials and grading on the site; and d. Be complementary to the overall grading of the site and the activities and architecture contained on the site; 3. Up to a maximum of five points may be awarded as follows; a. One point is awarded for each stone boulder not smaller than 3 feet in diameter which is integrated with other landscaping; b. One point is awarded for each 9 cubic feet of original, freestanding, permanent sculpture which is integrated with other landscaping. 4. One point is awarded for each 1 percent increment of lot area covered by publicly accessible special pedestrian facilities and features such as plazas, courtyards, covered walkways, fountains, lakes, streams and ponds, seating areas, and outdoor recreation facilities, up to a maximum of five points. Ordinance # 1693: Effective March 24, 2007. page 48-8 . . . D. . Parking Lot Landscaping. 1. Ten points are awarded when all surface parking lots, as defined in Chapter 18.80, BMC on the building site or artificial lot, whichever is applicable, are landscaped in accordance with all of the following paragraphs in addition to that landscaping required in ~18.48.050, BMC: a. The parking lot must contain one of the plant groups from ~18.48.060.B.2 of this section at an average density of one group, plus an additional one large canopy tree within 20 feet of the parking lot, for each required sixteen parking spaces; and b. No required parking space may be located more than 70 feet from the trunk of a large canopy tree. 18.48.070 LANDSCAPING OF PUBLIC LANDS A. City of Bozeman Rights-of-Way and Parks. 1. General. a. Tree planting permits shall be obtained from the Forestry Department prior to installation of trees in City rights-of-way or parks. b. Drought tolerant grass seed shall be planted in these areas. 2. External Streets, Open Space, and Parks. The developer shall be responsible at the time of initial development for installing vegetative ground cover, boulevard trees and an irrigation system in the public right-of-way boulevard strips along all external perimeter development streets and adjacent to public parks or other open space areas. . a. Prior to installing landscaping in City of Bozeman rights-of-way or parks, the developer shall submit a landscaping plan to the superintendent of public lands and facilities for review and approval. The landscaping plan shall be prepared by a qualified landscaping professional meeting the requirements of this chapter. Tree planting permits shall be obtained before any tree is placed on public land. b. Wells shall be used to irrigate landscaping in these areas. 3. Adiacent to Individual Lots. When individual parcels are developed, the individual property owners shall be responsible for installing landscaping and street trees within the public right-of-way boulevard strips adjacent to their property, and providing for irrigation, in compliance with ~18.48.050.E.1, BMC. B. Maintenance. . 1. Maintenance of landscaping installed within the boulevard ponion of the public right-of- way, with the exception of tree trimming and tree removal, shall be the responsibility of adjacent property owners. A developer shall be responsible for irrigating and maintaining landscaping along external streets and landscaping adjacent to parks or other opens space areas until 50 percent of the lots are sold Thereafter, the property owners association shall be responsible for maintaining and irrigating these landscaped areas. The property owners association may with the City's approval establish an improvement district to collect assessments to pay for the irrigation and maintenance. The City shall accept responsibility for the maintenance of all other required landscaping installed in accordance with approved site plans within the public right~of-way or on other public lands. 2. 3. Ordinance # 1693: Effective March 24, 2007. page 48-9 B. State of Montana Rights-of-Way. Landscaping shall be installed along state rights-of-way, in the same manner described in ~18.48.070, BMC provided that the Montana Department of Transponation has reviewed and approved the proposed landscaping plan. Maintenance of . landscaping installed within the boulevard ponion of the public right-of-way shall be the responsibility of adjacent property owners unless a different responsibility is established by the encroachment permit. 18.48.080 DEVIATION FROM LANDSCAPING REQUIREMENTS A. To achieve the optimal landscape design on individual sites, or to coordinate the landscape design in an area, it may be necessary- to deviate from the strict application of landscaping requirements. An application for such deviation shall be processed through the peninent design review authority and approved by the City Commission. B. The application for deviation shall be subject to the submittal and procedural requirements of this title, and shall be accompanied by written and graphic material sufficient to illustrate the conditions that the modified standards will produce, so as to enable the City Commission to determine that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards, and will be consistent with the intent and purpose of this chapter. Upon such a finding, the City Commission may authorize within the Neighborhood Conservation and Entryway Corridor overlay districts deviations of up to 20 percent from landscape design standards contained herein. 18.48.090 LANDSCAPING COMPLETION All landscaping must be completed or secured in accordance with the provisions of Chapter 18.74, BMC. 18.48.100 GENERAL MAINTENANCE A. Required landscaping must be maintained in a healthy, growing condition at all times. The property owner is responsible for regular weeding, mowing of grass, irrigating, fenilizing, pruning and other maintenance of all plantings as needed. However, the City Forestry Depanment is responsible for pruning or removing any tree in a City right-of-way or park. Any plant that dies must be replaced with another living plant that complies with the approved landscape plan. Failure to maintain required landscaping in a healthy growing condition at all times may result in revocation of an occupancy permit. When enforcing this provision of this title, external factors such as seasonality and availability of landscape stock shall be considered before any action to revoke an occupancy permit is taken. B. Any damage to utility lines, resulting from the negligence of the property owner or his agents or employees in the installation and maintenance of required landscaping in a utility easement, is the responsibility of the property owner. If a public utility disturbs a landscaped area in a utility easement, it shall make every reasonable effon to preserve the landscaping materials and retum them to their prior locations after the utility work.. If, nonetheless, some plant materials die, it is the obligation of the property owner to replace the plant materials. Ordinance # 1693: Effective March 24,2007. page 48-10 . . . CHAPTER 18.50 PARK AND RECREATION REQUIREMENTS 18.50.010 GENERAL Except as provided in ~ 18.50.020.B of this chapter, all subdivisions and residential developments subject to Chapter 18.34, BMC, shall comply with the provisions of this chapter. 18.50.020 PARK AREA AND OPEN SPACE REQUIREMENTS A. The area required by ~18.50.020.A shall be provided. The required area or its equivalent may be provided by any combination of land dedication, cash donation in~lieu of land dedication, or an alternative authorized by ~ 18.50.100, BMC, subject to the standards of this title. . . 1. When the net residential density of development is known, three~one-hundredths (0.03) acres per dwelling unit of land shall be provided. a. When the net residential density of development is known at the time of preliminary plat and net residential density is in excess of eight dwellings per acre, the requirement for dedication for that density above eight dwellings per acre shall be met with a cash donation in-lieu of the additional land unless specifically determined otherwise by the City Commission. b. These requirements are based on the community need for parks and the development densities identified in the growth policy and this title. c. Net residential density of development is known when a plat or site plan depicts a set number of lots and the final number of residential units at full buildout can be reasonably determined. d. The required area dedication or its equivalent shall not be required for any residential density in excess of the following: (1) For development within the R-1, R~2, and R-MH zoning districts, the maximum net residential density shall be 10 dwellings per acre. (2) For development within the R-3, R-4, and R-O zoning districts, the maximum net residential density shall be 12 dwellings per acre. (3) For development within other zoning districts not previously specified and developed for residential uses, the maximum net residential density shall be 12 dwellings per acre. OR 2. If net residential density of development is unknown, .03 acres per dwelling of land dedication or its equivalent shall be provided as follows: a. For initial subdivision or other development: (1) For development within the R-1, R~2, and R-MH zoning districts an area equal to that required for six dwellings per net acre. (2) For development within the R-3, R~4, and unless legally restricted from residential uses R~O zoning districts, an area equal to that required for eight dwellings per net acre. (3) For development within other zoning districts not previously specified and which are intended for residential development, the equivalent to an Ordinance # 1709: Effective August 15, 2007. page 50-1 3. area dedication for six dwellings per net acre shall be provided as cash-in- lieu. b. For subsequent development when net residential density becomes known, the net residential density per acre shall be rounded to the nearest whole number and applied as follows: (1) For development within the R-1, R-2, and R-MH zoning districts the land area equivalent for the additional net residential density not to exceed a total, including prior dedications, of 10 dwellings per acre shall be provided as cash-ill-lieu. (2) For development within the R-3, RA, and R-O zoning districts the land area equivalent for the additional net residential density not to exceed a total, including prior dedications, of 12 dwellings per acre shall be provided as cash-in-lieu. (3) For development within other zoning districts not previously specified and developed for residential uses for the additional net residential density not to exceed a total, including prior dedications, of 12 dwellings per acre shall be provided as cash-in-lieu. Applicability to Site Plans. Section 18.50.020.A.2, BMC, shall not apply to subsequent site plan development located within major subdivisions which received preliminary plat approval after July 1, 1973 and which received final plat approval prior to October 1, 2005. Special Case. The City has established Chapter 17.02, BMC to encourage the provision and development of affordable housing. a. The minimum number of workforce housing units required to comply with Chapter 17.02, BMC are exempt from the parkland dedication requirements of this chapter. Dwellings resulting from the density bonus provisions of Section 17.02.060.A are exempt from the parkland dedication requirement. Workforce housing units in excess of the minimum number shall provide parkland on the same basis as other development. b. The parkland requirement for development not otherwise exempted from dedication requirements shall be reduced by a 1:1 ratio based on the minimum required square footage of the lot area necessary to provide minimum compliance with Chapter 17.02, BMC. For example, if 50,000 square feet of lots for workforce housing units are required then there shall be a reduction in the required parkland area of 50,000 square feet. (1) If the developer chooses to develop more than the required number or area of workforce housing unit lots, the additional lot area square footage above the minimum required shall not further reduce the parkland area. (2) The reduction of parkland shall be allowed for WHUs and/or lots provided offsite of the responsible development but only to the extent of the required WHU lot area for the development applying for this parkland offset and only applied on the site of the development applying for the parkland offset. b. The reductions in parkland dedication to conform with Chapter 17.02, BMC may not reduce the development's parkland requirements below the minimum established by Section 76-3-621, MCA. 4. Ordinance # 1709: Effective August 15,2007. page 50-2 . . . . . B. Exceptions. Land dedication or cash donation in-lieu of land dedication shall not be required for: 1. A minor subdivision. 2. Land proposed for subdivision into parcels larger than 5 acres. 3. Subdivision into parcels which are all nonresidential. 4. A subdivision in which parcels are not created, except when that subdivision provides permanent multiple spaces for recreational camping vehicles or manufactured homes. 5. A subdivision in which only one additional parcel is being created. 6. An application reviewed under ~18.34.050, BMC. Residential site plans: 1. For residential site plans for five or more dwelling units, does the configuration of open space otherwise required by this title provide for a minimum of 150 square feet of PRIVATE landscaped area per dwelling unit suitable for active recreational activities. Such required areas shall be configured in one or two areas not less than 600 square feet each, with a relationship between the length and width of such area(s) to not exceed 3:1, a slope of 10 percent or less, and without non-recreational structures or detention/ retention ponds. Properties adjacent to a park, trail or other open space amenity shall be configured in such a manner as to complement and relate to the adjacent open space facilities. 2. For residential site plans unless otherwise provided through the subdivision or planned unit development review process, is an amount of park land or its equivalent equal to that required by ~18.50.020, BMC for the proposed number of dwelling units set aside within the project boundaries, and configured for active recreational use by the residents of the project; or has the developer proposed to provide its equivalent as may otherwise be allowed by this title. c. 18.50.030 CASH DONATION IN-LIEU OF LAND DEDICATION A. The City Commission may determine whether the park dedication must be a land dedication, cash donation in-lieu of land dedication or a combination of both. When making this determination, the City Commission shall consider the following: 1. The desirability and suitability of land for parks and playgrounds based on SIze, topography, shape, location or other circ~mstances; and 2. The expressed preference of the developer. B. When a combination of land dedication and cash donation in-lieu of land dedication is required, the cash donation may not exceed the proportional amount not covered by the land dedication. C. Cash donation in-lieu of land dedication shall be equal to the fair market value of the amount of land that would have been dedicated. For the purpose of these regulations, the fair market value is the value of the unsubdivided, unimproved land after it has been annexed and given an urban zoning designation. The City intends to obtain the highest value for cash-in-lieu of parkland that is allowable under Montana law. . 1. It shall be the responsibility of the developer to provide an appraisal of the fair market value by a certified real estate appraiser of their choosing. The appraisal fee shall be the responsibility of the developer. When a land value must be established for cash-in-lieu of land dedication to satisfy the requirements of ~18.50.020, BMC, and the value of the land in an unsubdivided, 2. Ordinance # 1709: Effective August 15, 2007. page 50-3 unimproved, but annexed and zoned condition can not reasonably be determined, the developer may provide an appraisal of residentially zoned property with a zoning designation that allows the density of dwellings proposed for development. . 3. The appraisal provided for the purpose of ~18.50.030, ,BMC shall be conducted not sooner than 90 days prior to the submittal of an application for final plat or final site plan approvaL D. Where a cash donation has been accepted in-lieu of land dedication, the amount of cash donation shall be stated on the final plat or plan as appropriate. E. Where a cash donation has been accepted in-lieu of land dedication, the City Commission shall record in the meeting minutes why the dedication of land for parks and playgrounds was undesirable. ,F. Use of Cash Donations. 1. The City Commission shall use a cash donation for development or acquisition of parks to serve the development. 2. The City Commission may use the cash donation to acquire or develop parks or recreational areas within its jurisdiction or for the purchase of public open space or conservation easements, only if: a. The park, recreational area, open space or conservation easement is within a reasonably close proximity to the proposed development; and b. The City Commission has formally adopted a Citywide park plan that establishes the needs and procedures for use of the cash donation. 18.50.040 PARK USE . As part of an individual Park Master Plan, the developer shall indicate the proposed use of the park as active, passive, playground, ballfield, etc. However, the final use of the park shall be determined by the City Commission. 18.50.050 LOCATION A. General. The City Commission or Planning Director, in consultation with the developer, Recreation and Parks Advisory Board, and the Planning Board if applicable, may determine suitable locations for parks and plaYblTounds. Park land must be located on land suitable to and . supportive of the activities and functions depicted in the relevant park plan, and unless the park plan indicates a requirement for another configuration, should be kept in a large block. Subarea or Neighborhood Plans. If a subarea or neighborhood plan has been adopted for the area, the subdivision shall comply with the subarea or neighborhood plan for the location of parks. B. 18.50.060 FRONTAGE Park land shall have frontage along 100 percent of its perimeter on public or private streets or roads. The City may consider and approve the installation of streets along less than 100 percent, but not less than 50 percent, of the perimeter when: A. Necessary due to topography, the presence of critical lands, or similar site constraints; and B. 1. When direct pedestrian access is provided to the perimeters without street frontage; and 2. When additional land area is provided in the park to accommodate the off-street parking which would have otherwise been provided by the additional length of perimeter streets and the additional land is developed as a parking area; or . Ordinance # 1709: Effective August 15, 2007. page 50-4 3. When additional land area is provided in the park to accommodate the off-street parking which would have been provided by the additional length of perimeter streets and, in lieu of the constructed parking area, an equivalent dollar value of non-parking improvements within the park are provided according to the individual park plan. . 18.50.070 LINEAR PARKS A. General. If consistent with a growth policy or Citywide park plan, and if reviewed and approved by the City Commission, linear parks shall be dedicated to the City to provide corridors for recreation pathways as defined in ~18.50.110, BMC. 1. Pathway corridors within required watercourse setbacks shall not be dedicated to the City as linear parks and such land may not be used to satisfy park land dedication requirements. Instead, cash donation in-lieu of land dedication credit shall be granted only for the cost of constructing Class II or III recreational trails if public access is provided. The developer shall provide a detailed cost estimate for installation of the trail, for review and acceptance by the City, to determine the cash donation credit. a. Within required watercourse setbacks, a public access easement that is at least 25 feet in width shall be provided to ensure adequate room for the construction, maintenance and use of the trail. B. Width. To ensure adequate room for pathway construction, maintenance and use, linear parks shall be at least 25 feet in width. C. Maintenance. These areas shall be maintained in accordance with ~ 18.50.11 O.E, BMC until an alternative method (e.g., a Citywide parks maintenance district) of funding and maintaining the linear park is established. . 18.50.080 PARK DEVELOPMENT A. General. Developers shall consult any adopted Citywide park plan, and with the Recreation and Parks Advisory Board which implements the plan, to determine the types of parks needed for the proposed development and surrounding area. Parks shall be developed in accordance with the Citywide park plan and any approved Park Master Plan. At a minimum, all parks shall be improved to the following standards by the developer, prior to final plat or final occupancy approval as appropriate: 1. Minimum Required Improvements Land Dedications. The subdivider shall be responsible for leveling any park area(s), amending the soil, seeding disturbed areas to allow mowing with turf type mowers, and installing an underground irrigation system in compliance with City standards and specifications. a. Parks shall be seeded with drought tolerant grass seed. Irrigation. The developer shall be responsible for irrigating the park area(s) until 50 percent of the subdivision lots or condominium units are sold. Thereafter, the property owners association shall be responsible for park irrigation. The property owners' association could establish an improvement district to collect assessments to pay for irrigation. a. Wells shall be used to irrigate park land. Boundaries. The park boundary bordering all private lots shall be delineated at the common private/public corner pins, with flat, flexible fiberglass posts, a minimum of 6 feet in length with no less than 2 feet driven into the ground. Each post must be labeled with a permanent glue on sign stating "Park Boundary" or "Property Boundary". Other forms of boundary marking may be approved by the Planning or other appropriate department. 2. B. . Ordinance # 1709: Effective August 15,2007. page 50-5 C. Sidewalks. Sidewalks, when required within the development, shall be installed by the developer at points where the park borders or crosses public or private streets. D. Storm Water Detention/Retention Ponds. Stormwater retention or detention ponds may be . located within public park land, but such areas shall not count towards the park land dedication requirement. Any stormwater ponds located on park land shall be designed, constructed andlor added to so as to be conducive to the normal use and maintenance of the park. Storm water ponds shall not be located on private lots. Stormwater retention or detention ponds shall be maintained by the property owners association. E. Clean Up Required. The park area must have all fencing material, construction debris and other trash removed. 18.50.090 WAIVER OF PARK MAINTENANCE DISTRICT When required, the developer shall sign, and file at the County Clerk and Recorders Office, a waiver of right to protest the creation of park maintenance district(s). The waiver shall be f1!ed with the final subdivision plat, or recorded at the time of other final approval. 18.50.100 WAIVER OF REQUIRED PARK DEDICATION The City Commission shall waive the park dedication or cash donation in-lieu of land dedication requirement if land equal to or exceeding the area of the dedication otherwise required by this chapter is set aside by one of the following means: A. The proposed development provides long-term protection of critical wildlife habitat; cultural, historical, archeological or natural resources; agricultural interests; or aesthetic values; B. The proposed development provides for a planned unit development or other development with land permanently set aside for park and recreational uses sufficient to meet the needs of the . persons who will ultimately reside in the development; C. The development is a land subdivision created by rent or lease (i.e., manufactured housing communities and recreational vehicle parks) with land permanently set aside for parks or playgrounds within the subdivision for rent or lease for the common use of the residents of the development; 1. These park or playground areas shall be maintained by the property owners association. D. The developer provides for land outside of the subdivision to be set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the subdivision. 1. The land being developed shall be within the service area, as designated by an adopted CityWide park plan, of the dedicated park land; and 2. The developer must dedicate the off-site park land to the City of Bozeman; OR L.' r:::... The developer must execute the appropriate public access easements on privately-owned land. The easements shall be held by the City of Bozeman. The City of Bozeman's responsibilities for park land dedicated by easement shall be the same as for fee simple park land dedication. The developer provides land outside the development that affords long-term protection of critical wildlife habitat; cultural, historical, archeological or natural resources; agricultural interests; or aesthetic values; and the area of the land to be subject to long-term protection equals or exceeds the area of the dedication otherwise required by this chapter. . Ordinance # 1709: Effective August 15, 2007. page 50-6 . . F. A subdivider may dedicate land to School District 7 to provide some or all of the land area required by ~ 18.50.020 BMC. The area dedicated to the school district may be used for school facilities or buildings, including but not limited to play grounds or other recreational facility. Any dedication to the school district shall be subject to the approval of the City Commission and acceptance by the Board of Trustees of School District 7. 1. In approving a dedication of land to the school district the City Commission shall make affirmative findings that: a. Adequate public park land already exists within the vicinity of the dedicating subdivision to meet service standards established by the City's parks master plan; b. The land is located within the city limits or within one mile of city limits; c. The school district has established a facility plan to demonstrate how the dedicated property will be utilized; d. The school district's facility plan shall describe any coordination intended for joint use of the property by the School District and the City; and e. The option for cash-in-lieu of land described in ~18.50.030, BMC shall not be used in place of a land dedication to the School District. 2. It shall be noted in a certificate on the plat and in any deed to the land that if School District 7 later chooses to dispose of the property, it shall revert to the City of Bozeman to be used for park purposes. The land shall be transferred to the City from School District 7 with clear title and in a condition meeting the minimum development standards for parks established in ~18.50.080, BMC. If a tract of land is being developed under single ownership as a part of an overall plan, and part of the tract has previously been subdivided or developed, and sufficient park land dedication or cash donation in-lieu of land dedication has been provided from the area that has been previously subdivided or developed to meet the requirements of this section for the entire tract being developed, the City Commission shall issue an order waiving the land dedication and cash donation requirements for the subsequently developed area. G. 18.50.110 RECREATION PATHWAYS A. General. Developers shall install pathways in accordance with this title, the 6'Towth policy, the Greater Bozeman Area Transportation Plan Year 2001 Update, any adopted Citywide park plan, and any adopted Park Master Plan, and shall comply with City of Bozeman design specifications. B. Pathway Catq~ories. The DRC shall be responsible for determining whether a pathway is a transportation pathway or a recreation pathway. For subdivision proposals, this determination shall be made during the pre-application process. 1. Recreation Pathways. The City Commission may require developers to install recreation pathways, to provide recreational and physical fitness opportunities within the development, as part of the required development improvements. Recreation pathways include the following facilities: a. Pathways that do not connect major residential, employment, educational or service nodes; b. Pathways that connect parks, but do not connect major residential, employment, educational or service nodes; . c. Pathways that are not ADA accessible due to topo6'Taphy; Pathways located within parks; and d. Ordinance # 1709: Effective August 15,2007. page 50-7 e. Class II and III trails. 2. For the definition of transportation pathways, please see . Transportation Pathways. ~18.44.110, BMC C Related Facilities. If pathways are proposed or required, stream crossings and other similar improvements, where necessary, shall be installed. Bridge design and construction shall comply with CitY specifications and standards, and shall be submitted to the Planning Department for review and approval. Any necessary permits for bridges shall be obtained by the developer from the appropriate agency prior to installation of the stream crossings. D. Trail Requirements. The class of the trail shall be determined by the Recreation and Parks Advisory Board, and the trail shall be designed and constructed according to any adopted park or recreation plan or other City specifications and standards. Trails and bridges must meet Americans with Disabilities Act (ADA) specifications for recreational facilities and maintain a natural appearance. Trail plans and specifications shall be submitted to the Planning Department for review and approval prior to installation. E. Pathway Maintenance. Recr~ation pathways within the proposed development shall be maintained, in conformance with an approved maintenance plan, by the developer until 50 percent of the lots or condominium units are sold. Thereafter the property owners association shall be responsible for maintenance. The property owners association could establish an improvement district to collect assessments to pay for the maintenance. F. Pathway Easements. Where pathways cross private land or common open space, the proper public access easements shall be provided. Public access easements for pathways shall be at least 25 feet wide. G. Linear Parks. Corridors for recreation pathways may be dedicated to the City in accordance with ~18.50.070, BMC . . Ordinance # 1709: Effective August 15,2007. page 50-H . CHAPTER 18.52 SIGNS . 18.52.010 INTENT AND PURPOSES It is the intent and purpose of this chapter to promote the health, safety and welfare of the residents and visitors of the City of Bozeman by regulating and controlling the size, location, type, quality of materials, height, maintenance and construction of all signs and sign structures not located within a building for the following reasons: A. To preserve the Bozeman area's natural scenic beauty; B. To contribute to inviting entrances into Bozeman by eliminating clutter associated, in part, with the unrestricted proliferation of signs, lights and stringed devices; C. To encourage area beautification through creative, interrelated design of signage, landscaping, buildings, access and parking that enhances the community's built and natural environment; D. To give all businesses an equal opportunity to have a sign that will help people find the services they need; and E. To ensure that pedestrians and motorists are protected from damage or injmy caused or partly attributable to the distractions and obstructions which are caused by improperly situated signs. The City Commission intends to provide a reasonable balance between the right of an individual to identify their business and the right of the public to be protected from the visual discord that results from the unrestricted proliferation of signs. Sections 18.28.070 and 18.30.080, BMC establish certain exemptions, and alternative procedures utilizing design review. The deliberations and decisions of the design review shall be directed to accomplish the intent and purpose of this section. It is determined that the regulations contained herein are the minimum necessaty to further the interests of this title. 18.52.020 SIGN PERMIT REQUIREMENTS If a sign requiring a permit under the provision of this chapter is to be placed, constructed, erected or modified on a zone lot, the owner of the lot shall secure a sign and building permit prior to the construction, placement, erection or modification of such a sign. Furthermore, the property owner shall maintain in force, at all times, a permit for such sign. No permit of any kind shall be issued for an existing sign or proposed sign unless such sign is consistent with the requirements of this chapter. 18.52.030 PROHIBITED SIGNS ._G. . H. All signs not expressly permitted under this chapter, or exempt from regulation, are prohibited in the City. Such signs include, but are not limited to: A. Portable signs (except as allowed under Title 12, Chapter 22, BMC); B. Roof signs; C. Revolving signs; D. Beacons, spot lights; E. Flashing, blinking, or animated signs, electronic messaging signs except for time and temperature or incidental signs as defined in Chapter 18.80, BMC; Pennants, streamers, wind socks, pinwheels, or similar items; Stringed flags; Inflatable signs and tethered balloons (except as permitted per ~18.52.040, BMC); and F. Ordinance # 1693: Effective March 24,2007. page 52.1 1. Signs located in public rights-of-way (except for those permitted in ~18.52.050.C and ~18.52.060.D.4, BMC). 18.52.040 PERMITTED TEMPORARY AND SPECIAL EVENT SIGNS Temporary and special event signs, such as banners, tethered balloons and inflatable signs, but excluding those subject to ~18.52.050, BMC, shall be allowed only as follows: A. B. C. D. E. F. Special event signs are permitted in the zones described in ~18.52.060.A and ~18.52.060.B, BMC. Applicants for temporary signs shall apply for, and have approved, a temporary sign permit All temporary signs shall comply with size, height, and location requirements of this chapter. For special commercial events, temporary signs shall be displayed for a consecutive period not to exceed fifteen days, for a maximum of thirty days per calendar year, from January 1 to December 31. There shall be a period of at least seven days between each fifteen day display period. Grand opening temporary signs may be may be displayed for an period not to exceed 60 days, additional temporary signs shall not be allowed until the next calendar year. Only one grand opening temporary shall be permitted for the life of the business. A subsequent grand opening banner may be permitted when business ownership has transferred to another owner, or when the business moves to a new location on a different zone lot. Temporary signs that identify a new business may be displayed until the business erects a permanent sign, only if the business is in the process of obtaining a permanent sign, or 60 days, whichever comes first. If the business has had a temporary sign in this instance, the business will be allowed 30 more days of temporary signage, but not a grand opening temporary sign. Itinerant vendors shall receive information about allowable temporary signs at the time they apply for a business license, but no permit is required if the itinerant vendor is operating less thai'l7 days. Temporary signs that are seasonal in nature, such as garden greenhouses, boat showrooms, or ski rental, may apply for a long term temporary sign which may be approved for a period not to exceed 180 days. Businesses may promote events in the community, such as the County Fair or Sweet Pea, by applying for and receiving a temporary sign permit for their location. When notice of the event and non-sponsorship related information occupies more than 75 percent of the banner area, such a temporary sign will not count in their temporary and special event signage limit of 30 days a year. G. H 1. 18.52.050 SIGNS EXEMPT FROM PERMIT REQUIREMENTS The following signs shall be exempt from the permitting requirement but must comply with the criteria for signs allowed by this section: A Residential Zones (R-S, R-1, R-2, R-3, R-4, RMH). 1. Temporary, nonilluminated, real estate sale, political campaign and other noncommercial speech signs that do not exceed 9 square feet in total area and, if freestanding, 5 feet in height. No more than one such sign per street frontage. 2. Businesses working at a residentially zoned lot, such as landscapers or window treatment installers, may post an identifying sign only when they are physically at the residence, and the sign shall be removed immediately when the working party leaves the propeny. Such sign shall not exceed 9 square feet in total area and, if free standing shall not exceed five feet in height. Not more than one such sign per street frontage per lot is allowed. Ordinance # 1693: Effective March 24, 2007. page 52-2 . . .' . . . B. Commercial and Manufacturing Zones (R-O. B-1. B-2, B-3. M-l. M-2, BP, PLI, HMU). 1. Wmdow signs painted on the window or physically affIxed to the interior of a window, provided that such signs do not occupy more than 25 percent of the area of the window in which it is displayed If it exceeds 25 percent of the area of the window, it will.be classified as a wall sign. 2. Signs within a structure or building or other enclosed area of property when such signs are not legible when viewed from outside the structure or property. 3. Temporary non-illuminated, real estate sale, for rent or lease, political campaign, noncommercial speech signs shall not exceed 32 square feet in size, shall be no more than 5 feet high and shall be at least 5 feet from the propeny line. Only one sign of each candidate or other type and subject per street frontage per lot is allowed. 4. Political signs may be erected 60 days prior to the scheduled date of the primary election and must be removed not later than 7 days after the candidate is unsuccessful, withdraw, or the general election, whichever comes first. 5. Development and Construction Signs shall not exceed 32 square feet in size, shall be no more than 5 feet high and shall be at least 5 feet from the property line. All parties to the development, including but not limited to, banks, architects, contractors, developers, future occupants of the lot, real estate agent, landscape company shall be on a single sign per street frontage per lot. 6. Four on-premises directional signs not exceeding 4 square feet in area and 5 feet in height which shall not contain any commercial messages. All Zones. 1. Government and Public Utility Signs. Directional, warning, street, building identification, traffic control, informational or temporary special event signs that are erected, installed or placed by or on behalf of any federal, state, county or city government. Public utility signs showing locations of underground facilities or public telephones, and safety signs on construction sites, are included within this exemption. 2. Incidental Signs. A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," and other similar directives. No sign with a commercial message, which is designed with the intent to be legible from a position off the zone lot on which the sign is located, shall be considered incidental. c. 18.52.060 SIGNS PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT The following on-premise signs are permitted in the indicated zones subject to a sign permit: A. Commercial, Manufacturing, and Public Land Zones (B-2, B-3, M-l, M-2, BP, PLI, HMU). A lot in a B-2 district is permitted total signage not to exceed 400 square feet. The maximum allowable total signage in the other districts listed herein shall not exceed 250 square feet per lot. A comprehensive sign plan is required for all commercial centers consisting of two or more tenant spaces on a lot and shall be designed in accordance with ~18.52.070, BMC. 1. Freestanding Signs. One freestanding sign is permitted per zoned lot. The maximum area for a freestanding sign shall be 32 square feet. A low profile freestanding sign shall be set back a minimum of 5 feet with a maximum height of 5 feet. A pole-style freestanding sign shall be set back a minimum of 15 feet with a maximum height of 13 feet. The pole- style sign will maintain at least an 8-foot minimum vertical clearance from the ground. Ordinance # 1693: Effective March 24, 2007. page 52-3 B. 2. Wall Signs. Wall signs are not to exceed a total signage allowance of 1.5 square feet per linear foot of building frontage minus any area devoted to freestanding or projecting signs. Canopy, window and awning signs shall be classified as wall signs. Wall signs shall not project above the top of a wallar parapet. Lots fronting on two or more streets shall be permitted an additional 35 percent of the alreadY permitted wall sign area for each subsequent building frontage. 3. Projecting Signs. One projecting sign per tenant. Projecting signs shall not exceed 8 square feet in area nor extend more than 4 feet from the building. In the B-3 district, projecting signs shall not exceed 12 square feet in area nor extend more than 6 feet from the building. Projecting signs shall provide a minimum sidewalk clearance of 8 feet. Business and Office Zones (B-1. R-O). The maximum allowable total signage for a lot with one building shall not exceed 80 square feet in a B-1 district or non-residentially planned R-O district, the maximum allowable total signage for a lot with two or more buildings shall not exceed 160 square feet in a B-1 district or non-residentially planned R-O district and 32 square feet in a residential planned R-O district. A comprehensive sign plan is required for all commercial centers consisting of two or more tenant spaces on a lot. Such plans shall be designed in accordance with this section. 1. Low Prome Freestanding Signs. One low profile sign not to exceed 32 square feet in area in the B-1 district, and 12 square feet in area in the R-O district. In both the B-1 and the R-O districts, the low profile sign shall have a minimum setback of 5 feet and a maximum height of 5 feet. Pole-style freestanding signs are not permitted in the B-1 and R-O zones. 2. Wall Signs. Wall signs in the B-1 district are not to exceed a total signage allowance of 1 square foot per linear foot of building frontage minus any area devoted to freestanding or projecting signs. Wall signs in the R-O district are not to exceed a total signage allowance of 0.5 of a square foot per linear foot of building frontage minus any area devoted to freestanding and! or projecting signs. Canopy, window and awning signs shall be classified as wall signs. Wall signs shall not project above the top of a wall or parapet. Lots fronting on two or more streets shall be permitted an additional 35 percent of the already permitted wall sign area for each subsequent building frontage. 3. Projecting Signs. One projecting sign per tenant. Projecting signs shall not exceed 8 square feet in area nor extend more than 4 feet from the building. Projecting signs shall provide a minimum sidewalk clearance of 8 feet. 4. Subdivision Identification Signs. For residential subdivisions consisting of more than four residential units, one low profile, freestanding, neighborhood identification sign per development entrance is allowed. Each sign shall not exceed 16 square feet in area or 5 feet in height from the finished grade. The sign must be setback at least 5 feet from the property line. 5. Residential Building Identification Signs. For properties used for multi-household residential buildings, one residential identification wall sign per street frontage. Each sign shall not exceed 8 square feet in area. Residential Zones (R-S, R-1, R-2, R-3, R-4, RMH). 1. Subdivision Identification Signs. For residential subdivisions consisting of more than four residential units, one low profile, freestanding, neighborhood identification sign per development entrance is allowed Each sign shall not exceed 16 square feet in area or 5 feet in height from the finished grade. The sign must be setback at least 5 feet from the property line. c. Ordinance # 1693: Effective March 24, 2007. page 52-4 . . . . . . 2. Residential Building Identification Signs. For properties used for multi-household residential buildings, one residential identification wall sign per street frontage. Each sign shall not exceed 8 square feet in area. 3. Signs Appunenant - To Residential Principal and Conditional Uses and Home Occupations. a. Principal residential uses and home occupations shall be permitted commercial message signage not to exceed 4 square feet in area and shall not be located in any required setback area. In addition, home occupations shall be pennitted 1 square foot signs on a mailbox or lamp post or 1.5 square feet of freestanding signage located a minimum of 5 feet from the property line. b. Principal residential uses shall be pennitted noncommercial speech signs which do not exceed 30 square feet in area nor 5 feet in height. Such sign(s) must be setback at least 15 feet from the property line. c. Conditional nonresidential type uses, such as churches, veterinary uses, golf courses, day care centers and schools shall be permitted signage as if the underlying zoning were B-1. Conditional residential type uses such as bed and breakfast homes, and fraternity and sorority houses, shall be permitted signage as if the underlying zoning were R-O. Such signs may only be illuminated during the hours of operation. 4. Planned Unit Developments. Commercial establishments within planned unit developments where the underlying zoning is residential shall be permitted signage as if the lot were in a B-1 zone. Special Districts And Zones. The guidelines for the underlying zoning districts apply unless otherwise addressed below. 1. Neighborhood Conservation Overlay District. Within this district, all signage is subject to issuance of a Certificate of Appropriateness. If the applicant is not requesting sign deviations, the sign application will be reviewed by ADR staff. If the applicant is requesting deviations, the sign application shall be subject to review by the Design Review Board and the City Commission. 2. Entryway Overlay District. Signage may exceed the underlying zoning district limitations by up to 20 percent upon review and approval of a deviation by the City Commission, upon the recommendation of the Design Review Board, and upon receipt of a Certificate of Appropriateness. 3. Interchange Zone. Signage may exceed the maximum total sign area permitted by ~18.52.060, BMC by up to 25 percent upon review and approval of a deviation by the City Commission, upon the recommendation of the appropriate design review advisory body, and upon receipt of a Certificate of Appropriateness. Each lot shall be pennitted one freestanding sign. a. Low Profile Signs. One low profile sign per zoned lot. The maximum area for a low profile sign shall be 40 square feet. The sign shall be setback a minimum of 5 feet with a maximum height of 8 feet. b. Pole-Style Signs. A pole-style freestanding sign shall be set back a minimum of 15 feet and will maintain at least an 8-foot minimum venical clearance. Pole-style signs shall not exceed a total area of 40 square feet or 16 feet in height, provided however, that for every 2 feet said sign is set back from 15 feet beyond the street right-of-way, the height measured at grade may be increased 1 foot, not to exceed a total of 32 feet, and the area may be increased by 2.5 square feet for Ordinance # 1693: Effective March 24,2007. page 52-5 every 2 feet that said sign is set back 15 feet beyond the street right-of-way up to a maximum of 120 square feet. Main Street Historic District. Permits for signs that encroach into the public right-of-way shall be obtained from the City Manager's office in Gty Hall. 18.52.070 COMPREHENSIVE SIGN PLAN 4. . A comprehensive sign plan shall be submitted for all commercial, office, industrial and civic uses consisting of two or more tenant or occupant spaces on a lot or two or more lots subject to a common development permit or plan. A comprehensive sign plan shall not be approved unless it is consistent with this chapter, the underlying zoning regulations applicable to the property and any discretionary development permit or plan for the property. The plan should include the size and location of buildings and the size and location of existing and proposed signs. The purpose of the plan is to coordinate graphics and signs with building design. The coordination shall be achieved by: A. Using the same type of cabinet supports or method of mounting for signs of the same type; using the same type of construction for components, such as sign copy, cabinet and supports; using other types of integrating techniques, such as common color elements, determined appropriate by the Planning Director. B. Using the same form of illumination for all signs, or by using varied forms of illuminations determined compatible by the Planning Director. 18.52.080 MUL TITENANT COMPLEXES WITH LESS THAN 100,000 SQUARE FEET OF GROUND FLOOR AREA The guidelines for the underlying zoning districts apply unless otherwise addressed below: A. 'The maximum permitted wall sign area allowed for -each tenant space shall be the percentage of . the total floor area on the zoned lot that the tenant occupies multiplied by the wall area allowed by ~18.52.060A.2 or ~18.52.060.B.2, BMC. If the lot has more than one building frontage, the individual tenant space may derive sign area only from the frontage(s) which the space faces. Lots under this section shall be allowed a low proftle sign that identifies the complex, which otherwise conforms to this chapter, in addition to the sign area already permitted under ~18.52.060A.2or ~18.52.060.B.2, BMC. 18.52.090 MOL TITENANT COMPLEXES WIlH MORE THAN 100,000 SQUARE FEET OF GROUND FLOOR AREA The guidelines for the underlying zoning districts apply unless otherwise addressed below: A. Freestanding Signs. 1. Pole-style Signs. One pole-style sign per street frontage not to exceed 48 square feet in area or 16 feet in height. The sign area computed for a pole-style sign shall not be subtracted from the maximum allowable wall signage permitted for the entire complex. 2. Low Profile Signs. One low profile sign shall be permitted at each secondary entrance of the complex, provided each sign shall not exceed 32 square feet in area, not 5 feet in height, and must be setback a minimum of 5 feet from the property lines. All low profile signs shall only identify the complex and must display the street number address in figures which are at least 6 inches high. Low profile signs complying with these regulations will not be factored when calculating the maximum permitted wall sign area. B. Wall Signs. Each tenant shall be permitted wall signage square footage calculated from 1.5 times . the linear store frontage. For the maximum allowable total signage, please see ~18.52.060A or ~18.52.060.B, BMC. Ordinance # 1693: Effective March 24, 2007. page 52-6 18.52.100 INDOOR SHOPPING MALL COMPLEXES WITH MORE THAN 100,000 SQUARE FEET OF GROUND FLOOR AREA e The guidelines for the underlying zoning districts apply unless otherwise addressed below: A. Freestanding Signs. 1. Pole-style Signs. One pole-style sign per street frontage not to exceed 48 square feet in area or 16 feet in height. The sign area computed for a pole-style sign shall not be subtracted from the maximwn allowable wall signage permitted for the entire complex. 2. Low Profile Signs. One low profile sign shall be permitted at each secondary entrance of the complex, provided each sign shall not exceed 32 square feet in area, nor 5 feet in height, and must be setback a minimum of 5 feet from the property lines. All low profile signs shall only identify the complex and must display the street number address in figures which are at least 6 inches high. Low profile signs complying with these regulations will not be factored when calculating the maximwn permitted wall sign area. B. Wall Signs. Each anchor tenant occupying 20,000 square feet or more shall be permitted 300 square feet of wall signage. Each tenant with an exclusive outdoor customer entrance shall be permitted wall signage square footage calculated from 5 percent of the ground floor area. eB. 18.52.110 ILLUMINATION A. Illumination, if any, shall be provided by artificial light which is constant in intensity and color. Internally illuminated "can signs" are acceptable provided background and copy are coordinated to avoid excessive light output. Neon and other gas type transformers shall be limited to 60 milliamperes and fluorescent transformers shall be limited to 800 milliamperes to soften light output. Additionally, neon and other gas type signs with exposed tubing shall be equipped with dimmers. Externally illuminated wall-mounted and pole signs shall be lighted by fixtures mounted at the top of the sign and aimed downward; ground-mounted sign lighting may only be used for momunent style signs. Fixtures used to illuminate signs shall be aimed so as not to project their output beyond the sign. 18.52.120 STREET VISION TRIANGLES Signs shall not be placed in sight vision triangles as they are established in ~18.44.100, BMC. 18.52.130 REQUIRED ADDRESS SIGNS Street numbers shall be required for all residential, commercial, industrial, and civic uses in all zones, consistent with the requirements of the Fire Department. All freestanding signs shall display the address of the lot in 6-inch numbers. 18.52.140 BILLBOARDS AND OTHER OFF-PREMISE ADVERTISING Off-premises commercial advertising signs are not permitted within the Bozeman City limits except as permitted by state or federal law. 18.52.150 SIGNS ERECTED IN CONJUNCTION WITH NONPROFIT ACTIVITIES ON PUBLIC PROPERTY Signs erected on public property in support of nonprofit activities, such as signs advertising sponsors of youth and sports activities, shall be allowed only as follows: The sign(s) shall be permitted only at developed facilities in public parks or other publicly owned lands. eA. Ordinance # 1693: Effective March 24, 2007. page 52-7 The sign(s) may be erected two weeks prior to the commencement of the activity and shall be removed within two weeks after the cessation of the activity for which the sign(s) were erected. Each individual sign shall be no larger than 32 square feet. Freestanding signs must be setback a minimum of 15 feet from the property line with a maximum height of 5 feet. Signs attached to walls or scoreboards shall not be subject to the 5 foot height limitation. However, signs attached to walls or scoreboards shall not exceed the height of the wall or scoreboard to which they are attached. All signs shall be oriented towards spectators attending the activity who are at the facility. The sign(s) shall not: 1. Advertise alcoholic beverages or tobacco products; 2. Be individually illuminated; nor 3. Be placed in sight vision triangles or otherwise impede or obstruct the view of the traveling public. Applicants for such sign(s) must apply for, and have approved, a special temporary sign permit detailing the nature of the sign(s) to be erected and the duration the sign(s) will remain in place. Applications and review procedures shall be made as per ~18.52.170, BMC. 18.52.160 HISTORIC OR CULTURALLY SIGNIFICANT SIGNS B. c. D. E. . Signs which have historical or cultural significance to the City but do not conform to the provisions of this chapter, maybe permitted provided that the City Commission adopts findings supporting the historical or cultural significance of the sign and issues a sign permit. Such findings shall be adopted by resolution of the City Commission. 18.52.170 APPLICATION . An application for a sign shall be made on forms provided by the Planning Department. The application shall contain sufficient information and plans to permit review pursuant to this chapter, including but not limited to: building elevations; photographs; proposed locations of signs on building elevations; sign design layout showing number, types and dimensions of all signs; and a site plan showing proposed location of all signs. An applicant may appeal the denial of permit request pursuant to the provisions of Chapter 18.66, BMC. 18.52.180 MAINTENANCE OF PERMITTED SIGNS All signs shall be continuously maintained in a state of security, safety and repair. Abandoned signs and sign support structures shall be removed. If any sign is found not to be so maintained, or is in need of repair or has been abandoned, it shall be the duty of the owner and the occupant of the premises to repair or remove the sign within fourteen calendar days after receiving written notice to do so from the Planning Director. If the sign is not so repaired or removed within such time, the Planning Director shall cause the sign to be removed at the expense of the owner of the premises. 18.52.190 NONCONFORMING SIGNS A. The eventual elimination of existing signs that are not in conformity with the provisions of this chapter is as important as the regulation of new signs. Except as otherwise provided herein, the owner of any zone lot or other premises on which exists a sign that does not conform with the requirements of this chapter and for which there is no prior, valid sign permit shall remove such Sign. B. All signs which were legally permitted prior to June 22, 1997 are considered legal, permitted . signs under this chapter. Except as provided for in subsection C of this section, said sign, if nonconforming with this chapter, may not be: Ordinance # 1693: Effective March 24,2007. page 52-8 . . . c. 1. Replaced except with a confonning sign; 2. Changed in copy (except for signs specifically designed to be changed in copy, such as readerboards with changeable letters); 3. Structurally altered to extend its useful life;. or 4. Expanded, moved or relocated No legal, nonconforming sign may be altered or enlarged in any way which increases its nonconfonnity, but any existing signage, or portions thereof, may be altered by decreasing its nonconfonnity (except as provided in subsection D below). Any lot with a nonconfonning sign may not add additional signage until all signs on the lot are brought into conformance with this chapter. Any site modification that requires a certificate of appropriateness, site plan review or reuse application will necessitate compliance for all existing and proposed signage on the lot. Notwithstanding any other provision of this chapter, no sign shall be subject to any limitation based on the content of the message contained on such sign. Any sign authorized in this chapter may contain noncommercial copy in lieu of any other copy. D. E. Ordinance # 1693: Effective March 24,2007. page 52-9 . GIAPTER 18.54 TELECOMMUNICATIONS 18.54.010 INTENT, PURPOSE AND APPLICABILITY A It is the duty of the City to protect the public health, safety and welfare and the City has the authority to regulate the placement, construction and modification of wireless facilities in the advancement of that duty. B. The City Commission finds that: . . 1. The aesthetic character of Bozeman is a matter of substantial economic importance and general concern to the citizens of the City, as described in the City's adopted growth policy, and is an important part of the public welfare; WIfeless facilities are often visually obtrusive due to their necessary height, support equipment and interruption of the viewscape, and can have substantial impacts on the character of Bozeman and its surrounding vie'WSheds which negatively affect the character of the aty; The impacts of wireless facilities can be reduced by establishing standards for location, structural integrity, compatibility and co-location; The aty desires to promote co-location, use of stealth installations of wireless facilities and the use of smaller and less intrusive facilities to minimize the need to construct new large scale wireless facilities in order to reduce visual and other impacts on the commWllty; The City desires to provide clear and consistent regulations for review of proposed wireless facilities; The City desires to support the ability of telecommunication seIVice providers to deliver such seIVices to the community consistent with other community objectives; The construction of new large scale wireless facilities is the action of last resort to provide for wireless communication seIVices and should only be undertaken when other alternatives are not available; It is necessary to determine the locations and circumstances most appropriate for placement of wireless facilities to seIVe the community; Consistent with applicable law, the aty desires to minimize the adverse visual impacts of towers and antennas through careful siting, design, landscape screening and innovative camouflaging screening; The aty seeks to protect against potential health and safety hazards to citizens and prevent damage to adjacent properties; The City intends to exercise its authority with respect to the regulation of the placement, construction and modification of wireless facilities, to the fullest extent permitted by applicable law; The City recognizes the need to respond to the policies in the Telecommunications Act of 1996 and has constructed its regulations in a manner that does not unreasonably discriminate between providers of functionally equivalent personal wireless seIVice nor prohibits or has the effect of prohibiting personal wireless seIVice in the City; The Federal Communication Commission exercises certain sole authority in the licensing and other regulation of wireless selVices which the City of Bozeman recognizes; 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 54-1 C 14. The adequate review of a telecommunications application may require expertise not typically possessed by Gty staff which would require the Gty to obtain qualified outside expertise to properly evaluate an application; and 15. Outside review would generate additional costs to the public to preserve the public interest which costs must be mitigated and should properly be mitigated by those causing such additional costs. General Application. All uses listed in this chapter shall be subject to the specific standards described for each use, in addition to all other applicable standards which may apply, and are limited to those districts specified. The provisions of this chapter apply to development and modification of large scale wireless facilities, micro-scale wireless facilities, nonbroadcast telecommunication facilities and small scale wireless facilities. These and other terms are defined in Chapter 18.80, BMC 1. The provisions of this chapter only apply to facilities which meet the definition of a wireless facility or that are otherwise specifically brought under the authority of this chapter. 18.54.020 SPECIAL SUBMITTAL REQUIREMENTS In addition to the materials required by Chapter 18.78, BMC for site plans, conditional use permits, and planned unit developments, the materials required by ~18.78.170, BMC shall be submitted. 18.54.030 USES WITHIN DISTRICTS AND REQUIRED REVIEW PROCEDURES A Purpose. The purpose of this section is to describe the procedures under which certain uses may be permitted as principal or conditional uses in specific districts. Unless specifically exempted by this chapter, all other standards and procedures of this title shall apply. 1. The Montana Subdivision and Platting Act (TItle 76, Chapter 3, MCA) requires subdivision review when land interests are created by rent or lease. Depending on how the ownership and use of land for a facility subject to this chapter is established, subdivision review may be required in addition to site plan review. No wireless facility may be permitted except in accordance with the development review processes indicated in the table below, based on the applicable zoning district and scope of the proposed facility. Principal uses are indicated with a "P", conditional uses are indicated with a "c' , accessory uses are indicated with an "A", planned unit development is indicated with a "PUD", and uses which are not permitted with the district are indicated by a "-". All applications are subject to the review processes, submittal requirements and other requirements of Chapters 18.34, 18.36 and 18.78 of this title as may be applicable. 1. Review Procedures. B. Table 54-1 Zoning District Large scale Small scale Micro scale Nonbroadcast PLI P P A P M.2 P P A P M-1 P P A P B-P C PIC! A P B-3 C PIC! A P B-2 C PIC! A P B-1 C PIC! A P R-O PUD C P C R-4 PUD C P C R-3 PUD C P C 54-2 . . . Zoning District Large scale Small scale Micro scale Nonbroadcast R-2 PUD C P - R-l PUD C P + R-S PUD C P C . . lCorr1itionJ U5e miewis nrptinrl uhen the propcsed faaliry excmis the heigJt litritdtim if the distria. 2. Co-location upon a previously approved wireless facility, when such additional facilities were contemplated as part of the original review, shall be reviewed as a sketch plan in all zones. 3. A wireless facility may be permitted as an accessory use in any nonresidential district when: a. It is for the exclusive use of a single on-site business when the business has otherwise been approved under Otapters 18.34 or 18.36, BMC, rather than offered to additional parties; b. It is in compliance with the maximum building height limitations of the zoning district; c. Complies with all setback and other zoning requirements; and d. Has 8 or less square feet of total antenna surface area. Installations located within the neighborhood conservation overlay or entryway corridor overlay districts shall be reviewed against the criteria of Otapter 18.28 and Otapter 18.30, BMC as applicable and shall require a certificate of appropriateness before issuance of a building permit. Prior to submitting an application for a large scale or small scale wireless facility, the applicant must request in writing a pre-application conference with the Planning Department. The purpose of the pre-application conference is to acquaint the participants with the applicable requirements of this chapter, as well as any preIiminary concerns of the Department. The applicant's written request for a pre-application conference must include the following infonnation with regard to the proposed facility. a. Location; 4. 5. 6. b. Overall height; c. Number of antennas proposed, including those of other providers to be collocated; d. Type(s) of wireless communication services to be provided; and e. Coordination of ground equipment shelters. 7. Adequate review of applications may require the Gty to retain consultants or other third party assistance to review an application. In such event the applicant shall reimburse the Gty for the actual costs incurred prior to issuance of a building permit. 8. The provisions of Otapter 18.60, BMC shall apply for all nonconforming facilities subject to this chapter. 18.54.040 ST ANDARDS A Safety. All wireless facilities subject to this chapter shall met the following standards: 1. The structural design for all wireless facilities greater than 10 feet in height or which have more than 4 square feet of total antenna area shall be certified by a professional . 54-3 B. structural engineer licensed to practice in the State of Montana. A building pennit shall be obtained prior to the installation of any facility subject to this chapter. 2. All wireless facilities shall meet or exceed current standards and regulations of the Fcc, FAA and any other agency with the authority to regulate wireless facilities. If such standards are changed, the owner shall modify the installation to comply with the new standards within six months of the effective date of the new standards or regulations unless a different implementation schedule is required by the issuing agency. 3. Wrreless facilities with a base located at grade shall be enclosed within a secure fence not less than 6 feet in height or the tower itself shall be equipped with an appropriate anti- climbing device. Aesthetics. 1. All WIreless Facilities. a. The provisions of this ~18.54.040.B, BMC may be waived by the approval body as detennined by Chapter 18.34, BMC where it has been demonstrated that the waiver will result in superior compliance with the intent and purposes of this title. b. All installations shall be as visually unobtrusive as is feasible. Facilities and equipment mounted on existing structures shall be visually incorporated into the structure or background by the use of architectural elements, color, screening or other methods. c. No lighted signage is pennitted. d. All structures shall be constmcted in conformance with the standards of the Gty's adopted International Building Code. e. Visual screening of ground mounted equipment shall be provided in all residential areas and where a facility is located within a nonresidential area 'Which is visible, from a viewpoint 5 feet above grade, from a residential area. Screening shall provide an opaque screen within eighteen months of establishment and be a minimum of 4 feet in height. The screening may be of landscape materials or a fence which otherwise complies with this title. The site shall comply with the landscaping provisions of Chapter 18.48, BMC f. Exterior facade materials and the character of equipment shelters used in residential areas shall be of materials commonly used in the immediate area. The architectural design of the exterior of the shelter shall be compatible with surrounding residential structures. The intent of the requirements of this paragraph may be met by providing opaque fencing or other visual screening compatible with the neighborhood, in compliance with all other sections of this title, which will obscure the entire equipment shelter. The screening shall be in place prior to the commencement of operations of the facility. 2. Preferences. In order to justify the constmction of a wireless stmcture, the applicant must demonstrate that higher ranking alternatives in the following hierarchy, beginning with 2.a (1), do not constitute feasible alternatives. The order of preference, from most preferred to least preferred and based on technical feasibility, for new wireless facilities IS: a. Facility Sv..e. (1) Micro-scale wireless facilities or co-location on eXlStmg large scale wireless facilities; 54-4 . . . . b. (2) (3) (4) Large scale wireless facilities in excess of 50 feet in height. A facility meeting the definition of stealth, as defined in O:.apter 18.80, BMC, is always preferred over a facility of the same scope which does not meet the definition of stealth. Stealth facilities may be required in historic districts and other circumstances. Small scale wireless facilities; Large scale wireless facilities 50 feet or less in height; and 3. c. As appropriate, the following evidence may also be submitted to demonstrate compliance with this section: (1) That no existing wireless communications facility within the search area meets the applicant's radio frequency engineering or height requirements; (2) That no structure within the search area has sufficient structural strength to support the applicant's proposed antennas; or (3) That there are other verifiable limiting factors that render collocated or other more preferred options unsuitable or unreasonable. d. Self-supporting lattice or guyed structures are generally preferred over monopoles. Special Standards. The following special standards apply as shown in the table below: a. Stealth installation is required; b. Wireless facilities are exempt from the height limitations of ~18.38.060, BMC, but are subject to the height limitations of ~18.54.040, BMC c. The height limitation of the district may be exceeded by the least amount necessary to provide seIVices but only when seIVice may not otherwise be provided by a less intensive facility or an alternative site; and d. Only allowed when seIVice may not be provided from an alternative site or a less intensive installation or set of installations. . Table 54-2 Zoning District r""""""""-.u Small-scale Micro-scale Large-scale Nonbroadcast PLI b b b - M-2 b b b ~ M-t b b b - B-P e a,e b - B-3 e a,e b - B-2 e a,e b - B-t c a,e b - R-O d a,e a,b - R-4 d a,e a,b - R-3 d a,e a,b - R-2 d a,e a,b - R-t d a,e a,b - R-S d a,e a,b - .- 4. Stealth. . a. Installations located within the conservatlon overlay district shall be stealth facilities. 54-5 A stealth wireless facility may exceed the height limitations of the district by 10 feet. Small Scale Wireless Facilities. All small scale wireless facilities established in the neighborhood conservation or entryway corridor overlay districts shall be installed in such a way as to maintain the historic or architectural character of the host site. All sites shall maintain the least possible visual obtrusiveness. Large Scale Wtreless Facilities. No large scale wireless facility will be permitted unless the applicant demonstrates that the proposed facility can not be accommodated on an existing structure or by placement of a smaller facility. In order to justify the construction of a large~scale wireless facility, the applicant must demonstrate that higher ranking alternatives in the hierarchy, beginning with subsection 18.54.040.B.2.a(1) of this chapter, do not constitute feasible alternatives. Such demonstration must be made by submission of a statement of position, qualifications and experience by a licensed radio frequency engineer and address the required findings of this section. a. If co-location is feasible, the owner of the large scale wireless facility shall certify in writing, prior to final permit approval, that the owner will accept for co- location any FCC licensed or licensing exempt wireless communication provider using compatible technology at reasonable and customary rates and terms up to the structural capacity to accommodate additional antennae. Co-location may be denied based on verifiable and substantial expectations of intederence from additional users. Later failure to comply with the requirements supporting co- location may result in the revocation of Gty approvals or other penalties provided by the municipal code as the requirements of the title will have been violated. The Gty shall find the proposed guarantee, assurances or provisions for the perpetual maintenance and for removal of an abandoned large scale wireless facility to be adequate. A large scale wireless facility shall not either: (1) Exceed 190 feet in height; or (2) When located east of the alignment of Qmrch Avenue/Sourdough Road and west of the extended alignment of Bozeman Trail Road/Arnica Drive; (a) b. 5. 6. . b. . c. d. Exceed 100 feet in height when its base elevation is greater than 4,800; Exceed 40 feet in height when its base elevation is above 4,850 elevation; Notwithstanding the provisions of subsections (a) and (b) above, these restrictions shall not apply for those areas lying east of the extended alignment of Bozeman Trail Road/Arnica Drive and south of Interstate 90. Wbere multiple service providers will be utilizing the same ground area and! or support structure, a single structure shall be provided to house all ground based equipment. Special setbacks for large scale wireless facilities shall be provided and/or a design for internal structural collapse to avoid damage or injury to adjoining property or users shall be provided. (1) Residential district setbacks for a large scale wireless facility shall be 100 percent of facility height which may be reduced to no less than 50 . (b) (c) e. 54-6 . . . f. percent upon the provISIOn and approval of an engineered design, stamped by a professional structural engineer licensed to practice in the State of Montana, establishing a smaller collapse area. (2) A large scale wireless facility in nonresidential wnes shall provide a minimum setback from the property lines of 75 percent of facility height which may be reduced to no less than 30 percent of facility height upon the provision and approval of an engineered design, stamped by a professional structural engineer licensed to practice in the State of Montana, establishing a smaller collapse area. Large scale wireless facilities located within nonresidential zones, but adjacent to a residential zone or residentially developed areas, shall maintain a minimum setback from residential zoning or property boundaries of at least 50 percent of facility height. All installations shall maintain the minimum zoning district setbacks including special setbacks for entryway corridors. New large scale wireless facilities greater than 50 feet in height shall be designed in all respects to accommodate both the applicant's antennae and antennae for at least two other additional users. A new large scale wireless facility may meet this requirement by correctly sizing the foundation and other structural elements to allow the future addition of height to the structure to accommodate additional users rather than immediately constructing the entire large scale wireless facility . 1his requirement may be waived by the governing body upon a showing of fact to overcome the presumption that multiple transmitters are desirable on the proposed facility. All large scale wireless facilities 50 feet or greater in height, regardless of the zoning district in which the structure is located, shall be located at least one mile, measured in a straight line, from any other large scale wireless facility that is 50 feet or greater in height. An exception to this requirement may be granted by the approval body when it is found and factually supported in the written record that the criteria of subsection (~ below are met and a critical need exists for the proposed location, or that a closer placement is desirable to advance the intent of this chapter and title. A large scale wireless facility greater than 50 feet in height shall only be approved when the applicant can demonstrate in writing that no existing or approved micro-scale, small scale or large scale wireless facility within the required separation distance of the proposed site can accommodate the applicant's proposed antenna. In addition to the other review criteria of this title, affirmative findings for at least one of the following items must be made in order for the conditions necessary for approval to exist: (1) No existing or proposed structures adequate to support the proposed antennae are located within the geographic area required to met the applicant's engineering and service requirements; (2) Existing or approved structures are not of sufficient height to meet the applicant's engineering and service requirements and a combination of smaller scale facilities will not provide for adequate service delivery; (3) Existing or approved structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment and can not be reinforced to provide sufficient structural strength; g. h. 1. 54-7 c (4) The applicant's proposed antennae would cause electromagnetic interference with the antenna on the existing or approved antenna support structures, or the antenna on the existing or approved antenna support structures would cause interference with the applicant's proposed antenna; (5) Property owners or owners of existing or approved wireless facilities or locations for smaller scale installations are unwilling to accommodate the applicant~needs;or (6) The applicant demonstrates that there are other factual and verifiable limiting factors that render existing or approved wireless facilities unsuitable. J. Height and Number of Users. A large scale wireless facility may be reviewed as a multiple phase project and be constructed over time as provided for in subsection 18.54.040.B of this chapter. Prior to the approval of a final site plan, or a building permit if it be a latter phase of a phased project, an applicant shall provide: (1) For the first 70 feet of tower height, for an applicant who is not themselves a wireless service provider, a copy of an executed lease from a wireless service provider of not less than 12 months duration; (2) For a height of greater than 70 feet and not more than 110 feet of structure height, one additional executed lease; (3) For a height greater than 110 feet, one additional executed lease; (4) Leases may be redacted to remove proprietary information but shall identify the parties. 7. Nonbroadcast. A nonbroadcast telecommunication facility located within an entryway overlay district, the neighborhood conservation overlay district or a residential zoning district shall be enclosed within a structure. The structure shall be of materials and architectural character which are compatible with the adjacent properties. The facility shall comply with all applicable side, front and rear yard setbacks. Administrative. 1. An inventory of existing sites utilized by the applicant shall be provided. The inventory shall note the feasibility of accommodating other users. The Gty may share this information with other applicants or interested parties to encourage co-location. 2. The public land and agencies exemption from full compliance with zoning in ~76~2~402, MCA does not apply to private entities utilizing publicly owned lands. 3. Any antennae or antenna support structures that are not utilized for the provision of wireless services for a continuous period of six months shall be considered abandoned. All facilities shall be removed within six months of the cessation of operations. If a facility is not removed within six months the Gty shall remove the facility at the facility or landowner's expense. Where multiple users share a facility, the non-operational antennae and associated ground mounted equipment shall be removed but any common equipment may be retained until all users have terminated the utilization of the site. 4. Any emergency power supply or other equipment installed at the facility must comply with ~18.38.070.H, BMC, Noise. 5. No facilities may be established in residential areas which require employees to be present on a routine basis, with the exception of periodic maintenance activities, lmless the zone allows offices as a permitted or conditional use and appropriate review has been completed. 54-8 . . . . . . 6. Failure to comply 'With the terms of the zoning ordinance shall be grounds for facilities to be removed by action of the Gty at the facility or landowner's expense. Any modifications to existing wireless sites may only occur in compliance with the review procedures required in ~18.54.030, BMC Denial of an application shall be made only after the review body has determined that specific criteria of this title can not be met. Said determination shall be made in writing and shall include the reasons for the denial and the evidence which supports those reasons. Public opposition alone is not sufficient to deny the application. 7. 8. 54-9 . . D. E. . CHAPTER 18.56 BOZEMAN WETLAND REGULATIONS 18.56.010 TITLE These regulations shall be known as the Bozeman wetland regulations and may be cited as the wetlands regulations. 18.56.020 INTENT AND PURPOSE A. Wetlands perform many important ecological functions. It is the intent and purpose of this chapter to protect, preserve and enhance wetlands to provide the following functions: 1. Aquifer recharge; 2. Water storage; 3. Regional stream hydrology (discharge and recharge); 4. Flood control and storage; 5. Sediment control (filter for waste); 6. Nutrient removal from urban runoff; and 7. Erosion control. Wetlands provide important values that enhance the quality of life of community residents. It is the intent of this chapter to protect, preserve and enhance wetlands to provide the following values: 1. Habitat for fish, wildlife and plants (including endangered and threatened); 2. Recreation; 3. Open space; 4. Visual and aesthetic; 5. Education and research; and 6. Historical, cultural and archeological resources. Wetlands can present significant constraints to development. Wetlands typically form in areas characterized by poor drainage conditions which are ill-suited for most types of development. Development in these areas often involves extra expense resulting from considerations for site drainage, flood protection and facility maintenance. In addition, wetlands are characterized by hydric soils that are unstable for most types of development. Hydric soils tend to compress under the weight of structures and decompose when drained. Therefore, costs of development may be greater due to complex engineering design requirements, or the need to excavate and replace the soils. It is the intent of these regulations to protect public and private facilities and structures from damage, and to minimize public and private development and maintenance costs. It is not the intent of this chapter to prohibit all activities within regulated areas, but rather to encourage the avoidance of regulated activities within the regulated areas and to require best management practices in regulated areas. Nothing in this chapter shall be construed to prevent irrigation companies from diverting and canying water under historic water rights or owners of such rights from exercising those historic rights. B. c. Ordinance # 1693: Effective March 24,2007. page 56-1 F. Nothing in this chapter shall be construed to prevent compliance with applicable state or federal statutes and regulations. 18.56.030 APPLICATION OF WETLAND REGULATIONS A. These regulations shall apply to any regulated activity which may impact wetlands as indicated on the Bozeman Area Wetland Map or discovered through the development review process, and verified through a sitepspecific wetlands boundary determination. When any regulated activity is proposed, and the Bozeman Area Wetland Map indicates that wetlands are present on the subject tract or if wetlands are discovered through the development review process, a wetlands boundary determination shall be conducted If the determination finds that there are no wetlands present on the subject tract, these regulations shall not apply. If, however, wetlands are found on the subject tract the proposal shall be subject to these regulations. The provisions of this chapter shall be applied in addition to any other applicable regulations of this title. 1. The wetlands boundary determination shall be prepared in accordance with the Federal Manual for Identifying and Delineating Jurisdictional Wetlands Oanuary, 1987). B. Isolated wetlands with a size of less than 400 square feet, regardless of property boundaries, are exempt from this chapter unless the wetland provides habitat for the following species: 1. Plant, animal or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service; and/or 2. Plant, animal or other wildlife species listed as a Species of Concern, Species of Potential Concern, or Species on Review by the Montana Department of Fish, Wildlife and Parks and the Montana Natural Heritage Program. C. Any development for which the watercourse setback requirements of ~18.42.100, BMC are provided is considered to have addressed the concerns of this chapter and is exempt from this chapter. D. This chapter is not intended to repeal, abrogate, supersede or impair any existing federal, state, or local law, easement, covenant or deed restriction. However, if this chapter imposes greater or more stringent restrictions, the provisions of this chapter shall prevail. Specifically, if a regulated activity pursuant to this chapter also requires authorization under Section 404 of the Clean Water Act from the US Army Corps of Engineers, the applicant shall meet any greater or more stringent restrictions set fonh in this chapter in addition to and independent of the restrictions of such permit. 18.56.040 WETLANDS REVIEW BOARD POWERS AND DUTIES In addition to the duties established by Chapter 18.62, BMC, the WRB shall have the following powers and duties: A. Prepare functional assessments for wetlands that may be impacted by regulated activities; B. Based on wetland functional assessments and other submittal materials, make recommendations to the Planning Director or City Commission to allow or disallow the regulated activity; C. Recommend to the Planning Director or City Commission appropriate wetland buffer widths based on the functional assessment and other submittal materials; D. Recommend to the Planning Director or City Commission additional conditions on regulated activities that are reasonably necessary to carry out the purpose and intent of this chapter; E. Provide assistance to applicants to design developments that minimize impacts to wetlands; and F . Testify before all boards, commissions and agencies on any matter affecting wetlands. Ordinance # 1693: Effective March 24, 2007. page 56-2 . . . eA B. e e 18.56.050 WETLANDS MAPPING The Bozeman Area Wetlands Map shall be adopted by resolution and shall be used to implement this chapter. The Bozeman Area Wetlands Map may be amended by resolution by means of the performance of a wetland boundary determination. Wetland boundary determinations shall be performed in accordance with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands Ganuaty, 1987). 1. A CD-ROM containing the wetland boundary determination and raw survey data (if applicable) shall be provided for use in amending the Bozeman Area Wetland Map. The data shall be reponed in U1M Zone 12 coordinates and NAD83 datum. Prior to annexation, boundaty determinations shall be prepared for all wetlands on the property to be annexed. c. 18.56.060 REGULATED ACTIVITIES A No person shall conduct any of the following regulated activities within a regulated wetland area, as described in ~18.56.030 of this chapter, without first having the proposed activity reviewed by the WRB and approved by the Planning Director or City Commission as appropriate. Any activity in a regulated area which reduces the size of a wetland or reduces the degree to which a wetland performs any function is subject to the requirements of this chapter, including but not limited to: 1. Placement of any material, including without limitation any soil, sand, gravel, mineral, aggregate, organic material or water; Construction, installation or placement of any obstruction or the erection of a building or structure; Removal, excavation or dredging of solid material of any kind, including without limitation any soil, sand, gravel, mineral, aggregate or organic material; Removal of any existing vegetation or any activity which will cause any loss of vegetation in a wetland; Alteration of the water level or water table by any means, including without limitation draining, ditching, trenching, impounding or pumping; and Disturbance of existing surface drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics by any means, including without limitation grading and alteration of existing topography. The following activities are permissible in a regulated wetland area, without review by the WRB and approval by the Planning Director or City Commission, if they do not reduce the size of a wetland or significantly reduce the degree to which a wetland performs any function: 1. Maintenance of an existing and lawful public or private road, structure or facility, including but not limited to drainage facilities, water conveyance structures, dams, fences or trails, or any facility used to provide transponation, electric, gas, water, telephone, telecommunications or other services provided that these activities do not materially change or enlarge any road, structure or facility; Maintenance of an existing farm or stock pond, irrigation ditch, agricultural fence or drainage system; Weed control consistent with a Noxious Weed Management and Revegetation Plan approved by the Gallatin County Weed Control District; 2. 3. 4. 5. 6. B. 2. 3. Ordinance # 1693: Effective March 24,2007. page 56-3 4. Continuation of existing agricultural practices such as the cultivation and harvesting of hay or pasturing of livestock, or change of agricultural practices which has no greater . impact on wetland function; 5. Conservation or preservation of soil, water, vegetation, fish and other wildlife; 6. Outdoor recreational activities, such as fishing, birdwatching, hiking, rafting and swinnning which do not harm or disturb the wetland; 7. The harvesting of wild crops; 8. Education and scientific research; 9. Minor improvements and landscape maintenance within a required wetland buffer but outside the boundaries of a delineated wetland, including but not limited to the pruning of trees, mowing of grass, and removal of dead vegetation and debris; and 10. Activities in a wetland set forth in ~18.56.090 of this chapter, including but not limited to removal of debris and maintenance of vegetation and wildlife habitat. 18.56.070 APPLICATION REQUIREMENTS AND PROCEDURES FOR REGULATED ACTIVITIES IN REGULA TED WETLAND AREAS A. Review. All proposals for regulated activities in regulated wetland areas shall be reviewed by the WRB. The WRB shall prepare a functional assessment for all reviewed regulated wetland areas. Based on the prepared functional assessment and other submittal materials, the WRB shall forward a recommendation of approval, conditional approval or denial to the Planning Director or City Commission. B. Approval. All proposals for regulated activities in regulated wetland areas shall be reviewed and approved or conditionally approved by the Planning Director or the City Commission in . accordance with Chapters 18.06, 18.08, 18.34 and 18.36, BMC prior to commencement of the regulated activity. 1. If a regulated activity is proposed for a regulated wetland area, but the regulated activity is not proposed in conjunction with a land development proposal, the applicant shall submit a sketch plan application for review and recommendation by the WRB, and review and approval by the Planning Director. C. Submittal materials. The information required in ~18.78.130, BMC shall be submitted for all regulated activities proposed for regulated wetland areas. D. Noticing. The review of regulated activities proposed for regulated wetland areas shall comply with the noticing requirements of Chapter 18.76, BMC. 18.56.080 REVIEW STANDARDS The Planning Director or City Commission may approve, conditionally approve or deny a regulated activity in a regulated wetland area based on a recommendation from the WRB, and if: A. The applicant has demonstrated that all adverse impacts on a wetland have been avoided; or B. The applicant has demonstrated that any adverse impact on a wetland has been minimized; the activity will result in minimal impact or impairment to any wetland function, and the activity will not result in an adverse modification of habitats for, or jeopardize the continued existence of, the following: 1. Plant, animal or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service; and! or . Ordinance # 1693: Effective March 24, 2007. page 56A 18.56.090 WETLAND PERMIT CONDITIONS The WRB may recommend conditions of approval for proposed regulated activities, and the Planning Director or City Commission may conditionally approve proposed regulated activities, subject to the following conditions: 1. Requiring the provision of a wetland buffer of a size appropriate for the particular proposed activity and the particular regulated wetland area; Requiring that structures be elevated on piles and otherwise protected against natural hazards; Modifying waste disposal and water supply facilities; Requiring deed restrictions or covenants regarding the future use and subdivision of lands, including but not limited to the preservation of undeveloped areas as open space and restrictions on vegetation removal; Restricting the use of an area, which may be greater than the regulated wetland area; Requiring erosion control and stormwater management measures; Oustering structures or development; Restricting fill, deposit of soil and other activities which may be detrimental to a wetland; Modifying the project design to ensure continued water supply to the regulated wetland; and Requiring or restricting maintenance of a regulated wetland area for the purpose of maintaining wetland functions. .c . 2. Plant, animal or other wildlife species listed as a Species of Concern, Species of Potential Concern, or Species on Review by the Montana Department of Fish, Wildlife and Parks and the Montana Natural Heritage Program; or The applicant has demonstrated that the project is in the public interest, considering: 1. The extent of the public need for the proposed regulated activity; 2. The functional values of the wetland that may be affected by the proposed regulated actlVIty; 3. The extent and permanence of the adverse effects of the regulated activity on the wetland; 4. The cumulative adverse effects of past activities on the wetland; and 5. The uniqueness or scarcity of the wetland that may be effected. 2. 3. 4. 5. 6. 7. 8. 9. 10. 18.56.100 APPEALS Depending upon the application procedure involved, decisions related to the approval or denial of regulated activities proposed for regulated wetland areas may be appealed in accordance with the provisions of Chapter 18.66, BMC. 18.56.110 ENFORCEMENT This chapter shall be enforced in accordance with the provisions contained in Chapter 18.64, BMC. . Ordinance # 1693: Effective March 24,2007. page 56-5 . . . CHAPTER 18.58 FLooDPIAIN REGUlA nONS 18.58.010 TITLE These regulations shall be known and cited as the Bozeman floodplain regulations. This chapter is in accordance with the authority of the laws of the State of Montana exercised by the City, and other authority as may be possessed by the City of Bozeman. 18.58.020 PURPOSE This title has established regulations to prohibit development within floodplains in order to protect public health and safety, safeguard water quality, provide for wildlife habitat and accomplish other public purposes. However, there are certain limited circumstances where development within the floodplain either currently exists or may be permitted from time to time to advance a public purpose. This chapter provides standards which must be met in order to promote the public health, safety and general welfare, to minimize flood losses in areas subject to flood hazards, and to promote wise use of the floodplain when those limited circumstances occur. This chapter has been established with the following purposes intended: A. To guide development of the l00-year floodplain within the Bozeman City limits consistent with the enumerated findings by: 1. Establishing zoning regulations coincident with and applicable to those areas at risk of flooding with special requirements and regulations to protect the public welfare; 2. Recognizing the right and need of water courses to periodically cany more than the normal flow of water; 3. Participating in coordinated efforts of federal, state and local management activities for 100-year floodplains; 4. Ensuring the regulations and minimum standards adopted, insofar as possible, balance the greatest public good with the least private injury; and 5. Cany out the provisions of this chapter in a fashion consistent with the remainder of this title and the public policies set forth in the City's growth policy consistent with the authority of Title 76, Chapter 5, Pan 3, MCA. B. Specifically, it is the purpose of this chapter to: 1. Restrict or prohibit uses that are dangerous to health, safety and property in times of flood, or that cause increased flood heights and velocities; 2. Require that uses vulnerable to floods, including public facilities, be provided with flood protection at the time of initial construction; 3. Identify lands unsuitable for certain development purposes because of flood hazards; 4. Minimize the need for rescue and relief effons associated with flooding undertaken at the expense of the general public; 5. Ensure that potential buyers are notified that property is within a lOO-year floodplain and subject to the provisions of these regulations; 6. Ensure that those who occupy 100~year floodplains assume responsibility for their actions; and 7. Protect water quality and persons and property located downstream. Ordinance # 1693: Effective March 24,2007. page S8~ 1 18.58.030 JURISDICTIONAL AREA TIlls chapter shall apply to all lands within the boundaries of the City of Bozeman, State of Montana, shown on the official floodplain maps, including any amendments or revisions, as being located within a lOO~year floodplain district or that may otherwise be identified as lying within a lOO-year floodplain through additional floodplain delineation, engineering analysis, topographic survey, or other objective and factual basis. . 18.58.040 FLOODPlAIN REGULATION ESTABLISHMENT AND APPLICABILITY These floodplain regulations are hereby established and are applicable in all areas defined by the base flood elevations and lOO-year floodplains as delineated in the Flood Insurance Study, or other means specified in ~l8.58.030, BMC. The basis for the Flood Insurance Study is a scientific and engineering repon entitled The Flood Insurance Study for the City of Bozeman, Montana, dated July 15, 1988, with accompanying Flood Insurance Rate Maps and Flood Boundary/Floodway Maps. The official floodplain maps, together with the Flood Insurance Study are on file in the office of the City Floodplain Administrator. The floodplain regulations are hereby established in all areas subject to flooding. Depiction on the official wning map of the City is not required for this district. 18.58.050 ABROGATION AND GREATER RESPONSIBILITY It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, deed restrictions, or underlying zoning. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. 18.58.060 FLOODPLAIN ADMINISTRATOR The City Floodplain Administrator has been designated to be the City Engineer. The responsibilities of this position are outlined in ~18.58.130, BMC. . 18.58.070 REGUlATION INTERPRETATION The interpretation and application of the provisions of these regulations shall be considered minimum requirements and liberally construed in favor of the governing body and not deemed a limitation or repeal of any other powers granted by state statute or self-government status. 18.58.080 COMPLIANCE WITH REGULATIONS No structure or land use shall be located, extended, convened or structurally altered without full compliance with the provisions of this title, these specific regulations, and other applicable regulations. These regulations meet or exceed the minimum floodplain development requirements as set forth by the Montana Board of Natural Resources and Conservation and the National Flood Insurance Program. 18.58.090 FLOOD HAZARD EV ALUA TION A. General. Land subject to being flooded by a flood of 100-year frequency as defined by Title 76, Chapter 5, MCA, or land deemed to be subject to flooding by the City of Bozeman, shall not be subdivided or developed for building or residential purposes, or other uses that may increase or aggravate flood hazards to life, health or welfare, or that may be prohibited by state or local floodplain or floodway regulations. B. Requirement for Study. 1. If any ponion of a proposed subdivision or other development is: a. Within 1,000 horizontal feet and less than 10 vertical feet of a watercourse draining an area of 25 square miles or more; and . b. No official floodplain or floodway delineation study of the watercourse has been made; then Ordinance # 1693: Effective March 24, 2007. page 58-2 . . . c. The subdivider or other developer shall provide a floodplain analysis report establishing the calculated lOa-year frequency water surface elevations and 100- year floodplain boundaries. The analysis and report shall be prepared by a licensed professional engineer qualified in this field of work. 2. If any portion of a proposed subdivision or other development is: a. Within 1,000 horiwntal feet and less than 10 vertical feet of a watercourse draining an area less than 25 square miles; and b. No official floodplain or floodway delineation study of the watercourse has been made; then c. The subdivider or other developer shall: (1) Demonstrate to the satisfaction of the City Engineering Department that the lOa-year peak runoff of the watercourse will not affect the subdivision; or (2) Delineate the existing and proposed lOa-year flood limits of the stream or streams within 1,000 feet of the proposed subdivision and specify any mitigation that may be required to protect the proposed subdivision and adjacent properties from potential flooding and erosion damage due to any proposed changes within the delineated flood limits. d. The developer's professional engineer, licensed in the State of Montana, shall provide written certification to the City that the mapped flood locations and proposed mitigation shall protect against damage by the lOa-year flood. 3. Submission of Repon. The report shall be submitted at the time of preliminary plat or plan application. The report may be submitted, upon the request of the City Commission or Development Review Committee, to the Floodplain Management Section, Water Resources Division, Montana Depanment of Natural Resources and Conservation, for review and concurrence. 4. Contents of Report. The required repon shall include the following information: a. Cenification. Certification of the report by a registered professional engineer. b. Overall Plan View. An overall scaled plan view (project map) with identified scale for vertical and horiwntal distance showing the following: (1 ) Watercourse; (2) Floodplain boundaries; (3) Location of property; (4) Contours; (5) voss sections; (6) Bridges or other constrictions in the floodplain; and (7) USGS gauging stations (if any). c. Benchmark(s). The location and elevation of a temporary benchmark(s) established within the subdivision and referenced to mean sea level with appropriate elevation adjustment. d Cross Sectional Information. (1) Cross sections shall follow the applicable guidelines established by the Montana Department of Natural Resource Conservation. If applicable guidelines are not available, cross section information shall be as follows: (a) Cross section elevations and stations should be determined at points representing significant breaks in ground slope and at changes in the hydraulic characteristics of the floodplain (e.g., Ordinance # 1693: Effective March 24, 2007. page 58-3 points where ground cover, soil or rock conditions change). Elevations must be reponed in NA VD88 or NGVD29 datum. (b) Each cross section shall cross the entire floodplain. The cross section alignment should be perpendicular to the general flow of the watercourse, the slope of the channel and the hydraulic characteristics of the reach. A minimum of four cross sections are required over the entire reach with at least two cross sections at the propeny where the elevations are desired. Additional cross sections must be taken at bridges, control structures or natural constrictions in topography. (2) Photogrammetric methods may be used in lieu of cross sections whenever appropriate and when reviewed and approved by the City Engineer. e. Bridges. Descriptions and sketches of all bridges within the reach, showing unobstructed waterway openings and elevations. f. Water Surface. Elevations of the water surface determined by survey as pan of each valley cross section. g. Supponing Documentation. Engineering repon of computer computations, calculations and assumptions that may include: (1) Hydrology (research of published hydrology or calculations showing how hydrology was derived); (2) Input files (hard copy and on diskette or CD-ROM); and (3) Output fIles (hard copy and on diskettes or CD-ROM). Waiver of Requirement. The City Engineer may waive this requirement where the subdivider contacts the Water Resources Division, Montana Depanment of Natural Resources and Con- servation, and that agency states in writing that the data indicate that the proposed subdivision is not in the flood hazard area as defined in this chapter. 18.58.100 RULES FOR INTERPRETATION OF FLOODPLAIN DISTRICT BOUNDARIES The boundaries of the 100~year floodway shall be determined by scaling distances on the official floodplain maps and using the floodway data table contained in the flood insurance study report. The maps may be used as a guide for determining the lOa-year floodplain boundary, but the exact location of the floodplain boundary shall be determined where the base flood elevation intersects the natural ground. The floodplain administrator may require an on-site survey and staking of the floodplain boundary prior to issuance of any permit or any development undertaken following issuance of a permit. c. 18.58.110 WARNING AND DISCLAIMER OF LIABILITY This chapter does not imply that areas outside the delineated floodplain boundaries or permitted land uses will always be totally free from flooding or flood damages. These regulations shall not create a liability or cause of action against the City or any officer or employee thereof for flood damages that may result from reliance upon these regulations. . . 18.58.120 DISCLOSURE PROVISION All owners of propeny in an identified lOa-year floodplain as indicated on the official floodplain maps must notify potential buyers or their agents that such propeny is subject to the provisions of this chapter. . Ordinance # 1693: Effective March 24, 2007. page 58-4 . . . 18.58.130 ADMINISTRATION OF REGULATIONS A. As provided in ~18.58.060, BMC, the City Floodplain Administrator has been designated by the Gty Commission, and has the responsibility of such position as outlined in this chapter. B. Section 18.42.100, BMC has established a public policy to avoid development within floodplains, along with cenain exceptions. The administration of these regulations shall be done in a fashion consistent with both the letter and spirit of that section. C. The City Floodplain Administrator is appointed with the authority to review floodplain development permit applications, proposed uses and construction to determine compliance with these regulations. The City Floodplain Administrator is required to assure all necessary permits have been received from those governmental agencies from which approval is required by federal and state law and local codes, including Section 404 of the Federal Water Pollution Control Act of 1972, 33 USC 1334, and under the provisions of the Naroral Streambed and Land Preservation Act. 1. Additional Factors. Floodplain development permits shall be granted or denied by the Gty Floodplain Administrator on the basis of whether the proposed establishment, alteration or substantial improvement of an artificial obstruction meets the requirements of this chapter and other requirements of this title. Additional factors that shall be considered for every permit application are: a. The danger to life and property due to increased flood heights, increased flood water velocities or alterations in the pattern of flood flow caused by encroachments; b. The danger that materials may be swept onto other lands or downstream to the injury of others; c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions; d. The susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the individual owner; e. The imponance of the services provided by the facility to the community; f. The requirement of the facility for a waterfront location; g. The availability of alternative locations not subject to flooding for the proposed use; h. The compatibility of the proposed use with existing development and anticipated development in the foreseeable furore; 1. The relationship of the proposed use to the growth policy and floodplain management program for the area; }. The safety of access to property in times of flooding or for ordinary and emergency services; and k. Such other factors as are in harmony with the purposes of this title, these regulations, the Montana Floodplain and Floodway Management Act and the National Flood Insurance Program. A floodplain development permit application is considered to have been automatically granted 60 days after the date of receipt of the application by the City Floodplain Administrator unless the applicant has been notified that the permit is denied, conditionally approved or additional information peninent to the permit review process is required. A floodplain permit shall not act as a waiver or variance from the other requirements of this title. c. Ordinance # 1693: Effective March 24, 2007. page 58-5 D. E. The City Floodplain Administrator shall adopt such administrative procedures as may be necessary to efficiently administer the provision of these regulations. The City Floodplain Administrator shall maintain such files and records as may be necessary to document nonconforming uses, base flood elevations, floodproofing and elevation cenifications, fee receipts, the issuance of permits, agenda, minutes, records of public meetings, and any other matters related to floodplain management in the City of Bozeman. Such files and records shall be open for public inspection. In matters of litigation, the City Attorney may restrict access to specific records. The City Floodplain Administrator may require whatever additional information is necessary to determine whether the proposed activity meets the requirements of these regulations. Additional information may include hydraulic calculations assessing the impact on base flood elevations or velocities, level survey or cenification by a registered land surveyor, professional engineer or licensed architect that the requirements of these regulations are satisfied. Upon receipt of an application for a permit or a variance, the City Floodplain Administrator shall prepare a notice according to the requirements of Chapter 18.76, BMC. Copies of all permits granted must be sent to the Montana Department of Natural Resources and Conservation in Helena, Montana. 1. In riverine situations, notifications by the City Floodplain Administrator must be made to adjacent communities, the Floodplain Management Section (DNRC) and FEMA prior to any alteration or relocation of a stream. The flood-carrying capacity within the altered or relocated portion of any stream must be maintained. Erosion control measures shall be incorporated to ensure stability of altered channels and stream banks. 18.58.140 PERMIT APPLICATIONS A. Activities or uses that require the issuance of a permit, including the expansion or alteration of such uses, shall not be initiated, established or undertaken until a permit has been issued by the Gty Floodplain Administrator. B. Permit applicants shall be required to furnish the following information as deemed necessary by the Gty Floodplain Administrator for determining the suitability of the particular site for the proposed use: 1. Three sets of plans drawn to scale (including dimensions) showing the nature, location and elevation of the lot; existing and proposed structure locations; fill, storage or materials site; floodproofing measures; mean sea level elevation of first floor of proposed structures; and location of the channel and limits of lOa-year floodplain boundary; 2. A plan view of the proposed development indicating external dimensions of structures; street or road finished grade elevations; well locations; individual sewage treatment and disposal sites; excavation and/or fill quantity estimates; and site plan and/ or construction plans; 3. Specifications for floodproofing, filling, excavating, grading, bank stabilization, storage of materials and location of utilities; 4. A professional engineer's or registered architect's design calculations and certification that the proposed activity has been designed to be in compliance with these regulations; and 5. Certification of floodproofing and/or elevation shall be provided on a standard form available from the City Floodplain Administrator. F. G. H Ordinance # 1693: Effective March 24, 2007. page 58-6 . . . .. 6. Adjoining: Owners. Names and addresses of record owners of lots and tracts immediately adjoining the proposed floodplain permit. To detennine that the permit specifications and conditions have been completed, applicants who have received permits are required to furnish the following at the time of an on-site conformance inspection: 1. Certification by a registered professional engineer or licensed land surveyor of the actual mean sea level elevation of the lowest floor (including basement) of all new, altered or substantially improved buildings; 2. If floodproofing techniques were used for buildings, the mean sea level elevation to which the floodproofing was accomplished must be certified by a structural engineer or licensed architect in the same manner; 3. Certification shall also be required for anificial obstructions other than buildings, that the activity was accomplished in accordance with these regulations and the design plans submitted with the application for the permit activity. 'This certification may be waived by the City Floodplain Administrator if it can be clearly ascertained by a site inspection that the activity was accomplished in accordance with these regulations; and 4. Certification of floodproofing and! or elevation shall be provided on a standard form available from the City Floodplain Administrator. 18.58.150 EMERGENCY WANER A. Emergency repair and replacement of severely damaged public transportation facilities, public water and sewer facilities, public utility electricity and natural gas distribution facilities, and flood control works may be authorized. Floodplain development permit requirements may be waived if: 1. . B. Upon notification and prior to emergency repair and/or replacement, the City Floodplain Administrator detennines that an emergency condition exists warranting immediate action; and The City Floodplain Administrator agrees upon the nature and type of proposed emergency repair and! or replacement. Authorization to undertake emergency repair and replacement work may be given verbally if the City Floodplain Administrator feels that such a written authorization would unduly delay the emergency works. Such verbal authorization must be followed by a written authorization describing the emergency condition, and the type of emergency work agreed upon and stating that a verbal authorization had been previously given. 2. 18.58.160 REVIEW - VARIANCES - APPEALS Appeals and variances from this chapter may be taken as set forth in Chapter 18.66, BMC. The City Floodplain Administrator shall maintain records of the variance notification and actions, including justification for their issuance, and fOlWard copies of all variance actions to the Montana Department of Natural Resources and Conservation and the Federal Emergency Management Agency. 18.58.170 FLOODPLAIN DEVELOPMENT - COMPLIANCE Any use, arrangement or construction not in compliance as authorized by permit, shall be deemed a violation of this chapter and punishable as provided in Chapter 18.64, BMC. An applicant is required to submit certification by a registered professional engineer, architect, land surveyor or other qualified .rson designated by the City Floodplain Administrator that finished fill and lowest building floor evations, flood proofing, hydraulic design or other flood protection measures were accomplished in compliance with these regulations. Ordinance # 1693: Effective March 24, 2007. page 58-7 18.58.180 EMERGENCY PREPAREDNESS - PLANNING In formulating community development goals, the community shall consider the development of a plan . for evacuating users of all development located within flood prone areas. TIlls plan should be developed, filed with, and approved by appropriate community emergency management authorities. 18.58.190 APPLICATIONS - SPECIFIC STANDARDS The minimum floodplain development standards listed in this chapter apply to the floodway and floodway fringe portions of the 100-year floodplain as delineated on the flood hazard area maps or other flood hazard areas as may be determined by ~18.58.040, BMC. 18.58.200 FLooDWAY - USES ALLOWED WITHOUT FLOODPLAIN PERMITS 'When a site specific exemption or relaxation of the standards of ~18.42.100, BMC allow utilization of a portion of the floodplain, the following uses shall be allowed without a permit within the floodway, provided that such uses conform to the provisions of ~18.58.350 through ~18.58.390, BMC; are not prohibited by any other ordinance, resolution or statute; and do not require fill, excavation, permanent storage of materials, or equipment or structures other than portable structures: A. Agricultural uses; B. Accessory uses such as loading and parking areas associated with industrial and commercial facilities; C. Private and public recreational uses such as golf courses, driving ranges, archery ranges, picnic grounds, boat-launching ramps, parks, wildlife management and natural areas, fish hatcheries, fishing areas, and hiking or horseback riding trails; D. Residential uses such as lawns, gardens, parking areas and play areas; E. Irrigation and livestock supply wells, provided that they are located at least 500 feet from . domestic water supply wells; and F. Fences, except permanent fences crossing channels. 18.58.210 FLooDW A Y - USES REQUIRING FLCX)DPLAIN PERMITS When a site specific exemption or relaxation of the standards of ~18.42.100, BMC allow utilization of a portion of the floodplain, the following artificial obstructions may be permitted in the floodway subject to the issuance of a permit by the City Floodplain Administrator: A. Excavation of material from pits and pools provided that: 1. A buffer strip of undistwbed land is left between the edge of the channel and the edge of the excavation. TIlls buffer strip must be of sufficient width to prevent flood flows from channeling into the excavation; 2. The excavation meets all applicable laws and regulations of other local and state agencies; and 3. Excavated material is disposed of or stockpiled outside the floodway; B. Railroad, highway and street stream crossings provided the crossings are designed to offer minimal obstruction to flood flow. Stream crossings shall not increase the elevation of the 100- year flood more than one~half foot nor cause a significant increase in flood velocities; C. Limited filling for highway, street and railroad embankments not associated with stream crossings, provided that: 1. Reasonable alternate transportation routes outside the designated floodway are not . available; and Ordinance # 1693: Effective March 24, 2007. page 58-8 . D. E. . . 2. Such floodway encroachment is located as far from the stream channel as possible and shall not result in a cumulative increase in base flood elevations, after allowable encroachments into the floodway fringe, exceeding one-half foot; Buried or suspended utility transmission lines, provided that: 1. Suspended utility transmission lines are designed so the lowest point of the suspended line is at least 6 feet higher than the base flood elevation; 2. Towers and other appunenant structures are designed and placed to withstand and minimally obstruct flood flows; and 3. Utility transmission lines carrying toxic or flammable materials are buried to a depth of at least twice the calculated maximum depth of scour for a lOa-year flood The maximum depth of scour shall be determined by hydraulic engineering methods acceptable to the City Floodplain Administrator; Storage of materials and equipment, provided that: 1. The material or equipment is not subject to major damage by flooding and is properly anchored to prevent floatation or downstream movement; or 2. The material or equipment is readily movable within the limited time available after flood warning. Storage of flarrnnable, toxic, hazardous or explosive materials shall not be permitted; Domestic water supply wells, provided that: 1. They are driven or drilled wells located on ground higher than the surrounding ground to assure positive drainage from the well; 2. Well casings are watertight to a distance of at least 25 feet below the ground surface; 3. Water supply and electrical lines have a watertight seal where the lines enter the casing; 4. All pumps, electrical lines and equipment are either submersible or adequately floodproofed; and 5. Check valves are installed on main water lines at wells and at all building entry locations; Substantial improvements to any structure provided that the provisions of subsections C, D or E of ~18.58.260, BMC are met. In the floodway, the structure must be floodproofed or elevated on a permanent foundation rather than on fill; and All other artificial obstructions, substantial improvements or nonconforming uses not specifically listed or prolubited by these regulations. 18.58.220 FLOODW AY - PERMITS FOR FLOOD CONTROL WORKS F. G. H. It is desired that flood control be primarily accomplished by on-site stormwater management, protection of bank stabilizing vegetation, preserving an unobstructed floodplain and keeping development away from areas prone to flooding. In the event that adequate flood control can not be achieved by these methods, flood control works shall be allowed within floodways subject to the issuance of a permit by the City Floodplain Administrator with the following conditions: A. Levees and floodwalls are permitted if: 1. The proposed levee or floodwall is designed and construed to safely convey a lOa-year flood; and 2. The cumulative effect of the levee or floodwall combined with allowable floodway fringe encroachments does not increase the unobstructed base flood elevation more than one- half foot. The City Floodplain Administrator may establish either a lower or higher Ordinance # 1693: Effective March 24, 2007. page 58~9 B. permissible increase in the base flood elevation for individual levee projects only with concurrence from the Montana Department of Natural Resources and Conservation and the Federal Emergency Management Agency based upon consideration of the following . cntena: a. The estimated cumulative effect of any anticipated future permissible uses; and b. The type and amount of existing flood-prone development in the affected area; 3. The proposed levee or floodwall, except those to protect agricultural land, is constructed at least 3 feet higher than the base flood elevation; Bank stabilization methods provided that: 1. When selecting a bank stabilization method, best management practices consistent with the intent of this title shall be used; 2. The bank stabilization method is designed to withstand a 100-year flood; 3. The bank stabilization method does not increase the base flood elevation; and 4. The bank stabilization method will not increase erosion upstream, downstream or adjacent to the stabilization site; Channelization projects if they do not significantly increase the magnitude, velocity or base flood elevation in the proximity of the project; Dams provided that: 1. They are designed and constructed in accordance with the Montana Dam Safety Act and applicable safety standards; and 2. They will not increase flood hazards downstream, either through operational procedures or improper hydraulic design. c. D. . 18.58.230 FL(X)OWAY - PERMITS FOR WATER DNERSIONS Permits for the establishment of a water diversion or change in place of diversion shall not be issued if, in the judgment of the City Floodplain Administrator: A. The proposed diversion will significantly increase the upstream base flood elevation to the detriment of neighboring propeny; B. The proposed diversion is not designed and constructed to minimize potential erosion from a 100-year flood; and C. Any permanent diversion structure crossing the full width of the stream channel is not designed and constructed to safely withstand a 100-year flood. 18.58.240 FL(X)DW A Y - PROHIBITED USES The following artificial obstructions and nonconfonning uses are prohibited within the floodway: A. New construction of any residential, commercial or industrial structure including manufactured homes; B. Encroachments including fill, new construction, alterations, substantial improvements and other development within the adopted regulatory floodway that would result in erosion of the embankment, obstruction of the natural flow of waters or increase in flood levels within the community during the occurrence of the 1 OO~year flood; C. The construction or penn anent storage of an object subject to floatation or movement during . flooding; D. Solid and hazardous waste disposal, sewage treatment and sewage disposal systems; Ordinance # 1693: Effective March 24, 2007. page 58-10 E. eF. eD. e Storage of toxic, flammable, hazardous or explosive materials; and Alterations of structures unless it can be shown the alteration will not raise flood heights. 18.58.250 FLOODWA Y FRINGE ~ USES ALLOWED WITHOUT PERMITS All uses allowed in the floodway, according to the provisions of ~18.58.21O, BMC of these regulations, shall also be allowed without a permit in the floodway fringe. 18.58.260 FLOODWAY FRINGE - USES REQUIRING PERMITS When a site specific exemption or relaxation of the standards of ~18.42.100, BMC allows utilization of a portion of the floodplain, the uses allowed in the floodway subject to the issuance of a permit, according to the provisions of ~18.58.220 through ~18.58.240, BMC, shall also be allowed by pennit within the floodway fringe. In addition, new construction, substantial improvements and alterations to structures are allowed by permit. TIlls includes but is not limited to residential, commercial and industrial construction and suitable fill to be allowed by permit from the City Floodplain Administrator, subject to the following conditions: A. Such structures or fill must not be prohibited by any other statute, regulation, ordinance or resolution; B. C. Such structures or fill must be compatible with local growth _policies; The new construction, alterations and substantial improvements of residential structures including manufactured homes must be constructed on suitable fill such that the lowest floor elevation (including basement) is 2 feet or more above the base flood elevation. The suitable fill shall be at an elevation no lower than the base flood elevation and shall extend for at least 15 feet, at that elevation, beyond the structure(s) in all directions; The new construction, alteration and substantial improvement of commercial and industrial structures can be constructed on suitable fill as specified in subsection C of this section. If not constructed on fill, commercial and industrial structures must be adequately floodproofed to an elevation no lower than 2 feet above the base flood elevation. Floodproofing must be certified by a registered professional engineer or architect that the floodproofmg methods are adequate to withstand the flood depths, hydrodynamic and hydrostatic pressures, velocities, impact, buoyancy and uplift forces associated with the 100-year flood; 1. If the structure is designed to allow internal flooding of areas below the lowest floor, use of this space shall be limited to parking, loading areas, building access and storage of equipment or materials not appreciably affected by flood waters. The floors and wall shall be designed and constructed of materials resistant to flooding to an elevation no lower than 2 feet above the base flood elevation. Walls shall be designed to automatically equalize hydrostatic forces by allowing for entl}' and exit of floodwaters. Openings may be equipped with screens, louvers, valves, other coverings or devices which permit the automatic entty and exit of floodwaters; 2. Structures whose lowest floors are used for a pmpose other than parking, loading or storage of materials resistant to flooding shall be floodproofed to an elevation no lower than 2 feet above the base flood elevation. Floodproofing shall include impermeable membranes or materials for floors and walls and watertight enclosures for all windows, doors and other openings. These structures shall also be designed to withstand the hydrostatic, hydrodynamic and buoyancy effects of a 1 OO~year flood; and 3. Floodproofing of electrical, heating and plumbing systems shall be accomplished in accordance with ~18.58.350 through ~18.58.390, BMC; Ordinance # 1693: Effective March 24, 2007. page 58~ 11 E. All manufactured homes placed in the floodway fringe must have the chassis securely anchored to a foundation system that will resist floatation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, over-the-top or frame ties to ground anchors. The following conditions also apply: 1. When a manufactured home is altered, replaced because of substantial damage as a result of a flood, or replaced on an individual site, the lowest floor must be elevated 2 feet above the base flood elevation. The home can be elevated on fill or raised on a permanent foundation of reinforced concrete, reinforced mortared block, reinforced piers or other foundation elements of at least equivalent strength; and 2. Replacement or substantial improvement of manufactured homes in an existing manufactured home community or subdivision must be raised on a permanent foundation. The lowest floor must be at least 36 inches above the ground or raised 2 feet above the base flood elevation, whichever is less. The foundation must consist of reinforced concrete, reinforced mortared block, reinforced piers or other foundation elements of at least equivalent strength; 3. Manufactured homes proposed for use as commercial or industrial structures must be elevated and anchored, rather than floodproofed; Fill material placed in the floodway fringe must be stable, compacted, well graded, pervious, generally unaffected by water and frost, devoid of trash or similar foreign matter, devoid of tree stumps or other organic material, and appropriate for the purpose of supporting the intended use and/or permanent structure; Roads, streets, highways and rail lines shall be designed to minimize increase in flood heights. Where failure or interruption of transportation facilities would result in danger to the public health or safety, the facility shall be located 2 feet above the base flood elevation; and Agricultural structures that have a low damage potential, such as sheds, barns, shelters, and hay or grain storage structures must be adequately anchored to prevent floatation or collapse and all electrical facilities shall be placed above the base flood elevation; 1. Recreational vehicles, if they are on the site for more than 180 consecutive days or are not ready for highway use, must meet the elevating requirements of subsection C of this sectton. F. G. H. 18.58.270 FLOODW A Y FRINGE - PROHIBITED USES The following artificial obstructions and nonconforming uses are prohibited within the floodway fringe: A Solid and hazardous waste disposal; and B. Storage of highly toxic, flammable, hazardous or explosive materials. Storage of petroleum products may be allowed by permit if stored on compacted fill at least 2 feet above the base flood elevation and anchored to a permanent foundation to prevent downstream movement. 18.58.280 FLooDPIAIN AREAS WITH FLOOD ELEVATIONS AND NO DELINEATED FLOODWAY A. A development proposed for a lOa-year floodplain, where water surface elevations are available but no floodway is delineated, may not significantly increase flood velocities or depths or generally alter patterns of flood flow. The provisions of ~18.58.250 through ~18.58.270, BMC shall apply to these areas. The City Floodplain Administrator may require a permit applicant to furnish additional hydraulic data before acting on a permit application for such a floodplain. The data may include, but are not limited to, any of the following: Ordinance # 1693: Effective March 24,2007. page 58-12 . . . . . . B. 1. A hydraulic study documenting probable effect on upstream, downstream or adjacent property owners caused by the proposed development; or 2. The calculated increase in the lOO-year flood water surface proftle caused by the proposed development. Permits for such proposed development may be modified or denied if the additional information shows that the proposed use would cause an additional flood hazard to adjacent property or significantly increase flood heights. A significant increase in flood height is one-half foot unless existing or anticipated development in the area dictates a lesser amount of allowable increase. 18.58.290 SHALLOW FLOODING (AO ZONES) A. Shallow flooding areas are delineated as AO zone floodplains on the Flood Insurance Rate Maps. The provisions of ~18.58.260, BMC shall apply to any AO zone floodplains. The depth of the lOO-year flood is indicated as the depth number on the Flood Insurance Rate Maps. The 100-year flood depth shall be referenced to the highest adjacent grade or stream flow line in determining which fill or floodproofing heights to use in applying the provisions of subsections C and D of ~18.58.260, BMC. In the absence of depth or elevation information, a minimum 2- foot flood depth shall be used. B. Floodplain Boundary Interpretation. The City Floodplain Administrator shall make interpretations where needed as to the exact location of an AO zone floodplain boundary when there is a conflict between a mapped boundary and actual fteld conditions. 18.58.300 APPLICABILITY TO UNNUMBERED A ZONES The minimum floodplain development standards listed in this section apply to the 100-year floodplains delineated by approximate methods and identifted as unnumbered A zones on the Flood Insurance Rate Maps. 18.58.310 A WNES - USES ALLOWED WITHOUT PERMITS All uses allowed in a floodway, according to the provisions of ~18.58.210, BMC, shall also be allowed without a permit in unnumbered A zone floodplains. 18.58.320 A ZONES - USES REQUIRING PERMITS All uses allowed in the floodway and floodway fringe subject to the issuance of a permit according to the provisions of ~18.58.260, BMC, shall require permits from the City Floodplain Administrator for unnumbered A zone floodplains. Also, the provisions of ~18.58.260, BMC apply to the A zone floodplains with no floodway delineated or water surface profile computed. Since there are no 100-year flood water surface proftles computed for A zone floodplains, the following conditions also apply: A. Elevation data on the 100~year flood shall be provided for subdivision proposals according to the definitions and rules of the Montana Sanitation in Subdivisions Act, Title 76, Chapter 4, Pan 1, MCA and the rules adopted by Department of Environmental Quality under this Act. These data shall be used in applying subsections C, D and E of ~18.58.270, BMC. Subdivision proposals shall also provide for adequate drainage to minimize potential flood hazards; B. The City Floodplain Administrator may obtain, review and reasonably use any base flood elevation and floodway data available from federal, state or other sources, until such data have been provided by FEMA, to enforce subsections C and D of ~18.58.270, BMC; C. The City Floodplain Administrator may use historical flood elevations to determine suitable fill or floodproofmg elevations as required by subsections C and D of ~18.58.270, BMC; D. If historical flood evidence is not available, then the City Floodplain Administrator shall determine, from a field review at the proposed development site, an appropriate fill or Ordinance # 1693: Effective March 24, 2007. page 58-13 E. floodproofmg elevation to use in applying subsections C and D of ~18.58.270, BMC. In the absence of depth or elevation information, a minimum 2 foot flood depth shall be used; and Proposed structures must be anchored to prevent floatation or collapse and must be located as far from stream channels as practicable. 18.58.330 A ZONES - PROHIBITED USES Those uses prohibited in the floodway fringe, in accordance with ~18.58.270, BMC, shall also be prohibited within the A wne floodplain boundaries. 18.58.340 A ZONES ~ FLOODPLAIN BOUNDARY INTERPRETATION The City Floodplain Administrator shall make interpretations where needed as to the exact location of the unnumbered A zone floodplain boundary when there is a conflict between a mapped boundary and actual field conditions. 18.58.350 FLooDPROOFING REQUIREMENTS . CERTIFICATION If the following floodproofing requirements are to be applied to a proposed structure, as stipulated by the City Floodplain Administrator in accordance with these regulations, the methods used must be certified as adequate by a registered professional engineer or architect. 18.58.360 FLooDPROOFING REQUIREMENTS. CONFORMANCE Permitted floodproof systems shall conform to the conditions listed in ~18.58.370 through ~18.58.390, BMC and the floodproofing standards listed in subsection D of ~18.58.260, BMC for commercial and industrial structures. 18.58.370 FLooDPROOFING REQUIREMENTS - ELECTRICAL SYSTEMS A All incoming power service equipment, including all metering equipment, control centers, transformers, distribution and lighting panels, and all other stationaty equipment must be located at least 2 feet above the base flood elevation; B. Ponable or movable electrical equipment may be placed below the base flood elevation, if the equipment can be disconnected by a single submersible plug-and-socket assembly; C. The main power service line shall have automatic or manually operated electrical disconnect equipment located at an accessible location outside the 100'year floodplain and above the base flood elevation; and D. All electrical wiring systems installed at or below the elevation of the 100'year flood shall be suitable for continuous submergence and may not contain fibrous components. . . 18.58.380 FLooDPROOFING REQUIREMENTS p HEATING SYSTEMS A. Float operated automatic control valves must be installed in gas furnace supply lines so that the fuel supply is automatically shut off when flood waters reach the floor level where the furnace is located; B. Manually operated gate valves must be installed in gas supply lines. The gate valves must be operable from a location above the elevation of the 100~year flood; and C. Electric heating systems must be installed in accordance with the provisions of International Building Code and any other applicable regulations. 18.58.390 FLOODPROOFING REQUIREMENTS. PLUMBING SYSTEMS A. Sewer lines, except those to be buried and sealed in vaults, must have check valves installed to . prevent sewage backup into pennitted structures; and Ordinance # 1693: Effective March 24, 2007. page 58-14 B. All toilet stools, sinks, urinals and drains must be located so the lowest point of possible water entry is at least 2 feet above the elevation of the 100-year flood. . 18.58.400 VIOLATION NOTICE The City Floodplain Administrator shall bring any violation of this chapter to the attention of the local governing body, its legal council and the Montana Department of Natural Resources and Conservation. 18.58.410 VIOLATION - PENALTY Violation of the provisions of this chapter or failure to comply with any of the requirements, including permit approval prior to development of floodprone lands, and conditions and safeguards established shall be subject to the provisions of Chapter 18.64, BMC. . . Ordinance # 1693: Effective March 24, 2007. page 58-15 :...........~_.~ . CHAPTER 18.60 NONCONFORMING SITUATIONS 18.60.010 NONCONFORMING USES A. Any use lawfully existing upon the effective date of the ordinance codified in this title may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified, or in the case of signage as specified in Chapter 18.52, BMC. B. Except as otheIWise specified in this chapter, the right to operate and maintain a nonconforming use shall terminate when the structure or structures housing such use are removed beyond 50 percent of the market value, razed or suffer substantial damage as defined in Chapter 18.80, BMC. However, in the event of damage by fire, wind, earthquake or other natural disaster to the extent described above, said nonconforming use or uses may be reestablished through a conditional use permit procedure as set forth in Chapter 18.34, BMC. Such restoration shall comply to the maximum extent reasonably feasible with the requirements of this title. C. When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use. D. Whenever a lawful nonconforming use of a building, structure or land is discontinued for a period of ninety days, any future use of the building, structure or land shall be in conformity with the provisions of this title. E. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary structural repairs, provided such structural . repairs do not enlarge, intensify or otheIWise redefine the nonconforming use. 18.60.020 CHANGES TO OR EXPANSIONS OF NONCONFORMING USES A. Lawful Nonconforming Nonresidential Use. 1. A lawful nonconforming nonresidential use shall not be changed except in conformance with the use requirements of the zone in which it is located. Except, however, a lawful nonconforming nonresidential use may be changed to another nonconforming use, provided that the proposed use is not of greater intensity than the original use, as determined by the criteria in 18.60.020.B. of this chapter, and that a conditional use permit is obtained from the City Commission. A lawful nonconforming nonresidential use may be expanded only through the granting of a conditional use permit by the City Commission. In considering the appropriateness of the conditional use permit application, the City Commission shall weigh the criteria set forth in subsection B below. In addition, the Commission shall consider whether the expansion is reasonable, natural and incidental to the growth and use of an existing business. In general, proposals to expand nonconforming uses shall not be approved if the expansion would encompass new land or property which was not in use at the time of the enactment of zoning or a change in zoning. 2. To approve a conditional use permit to change or expand a nonconforming nonresidential use, the City Commission shall determine that the proposed nonconforming use is more appropriate to the district than the existing nonconforming use, and that no unsafe or unhealthy conditions are perpetuated. In making such a . determination, the Commission shall weigh the following criteria in addition to the criteria applicable to all conditional use permits: a. Traffic impacts, both onsite and offsite; Ordinance # 1693: Effective March 24, 2007. page 60-1 B. b. Off-street parking and loading requirements; c. The visual impact on the surrounding area; d. The degree of compliance with the adopted growth policy and this title; e. . The level of conflict with other uses in the surrounding area; f. The presence of other nonconformities in the surrounding area; g. The degree to which any existing unsafe or hazardous conditions would be mitigated; h. The viability of the subject structure(s); and 1. On site and offsite impacts from noise, dust, smoke, surface or groundwater contamination, or other environmental impacts. Lawful Nonconforming Residential Use. 1. A lawful nonconforming residential use may be reduced in terms of the number of dwelling units, in an effon to achieve greater conformance with the underlying zoning designation, through the review process required by Chapters 18.28, 18.30, and 18.34, BMC, without the need to obtain a conditional use permit from the City Commission. A lawful nonconforming residential use shall not be permitted to increase the number of dwelling units. 2. The maintenance and reconstruction of existing nonconforming residential dwelling units is allowed, in compliance with applicable fire and building codes, including expansion of up to 20 percent of the existing total residential area, without the need of a conditional use permit from the City Commission, as long as the number of dwelling units on the lot is not increased. In instances where new construction is allowed, all appropriate approvals such as a certificate of appropriateness or building permit shall be obtained prior to the initiation of construction. 18.60.030 NONCONFORMING AREA AND BULK REQUIREMENTS FOR EXISTING LOTS A. At the time of the enactment of the ordinance codified in this title, if any owner of a plot of land consisting of one or more adjacent lots, as defined in Chapter 18.80, in a subdivision of record does not own sufficient land within the lot of record to enable him/her to conform to the minimum lot size requirements, or does not have sufficient lot width to conform to the minimum lot width requirements, such plot of land may nevenheless be used as a building site. The lot dimension requirements of the district in which the piece of land is located may be reduced by the smallest amount that will permit a structure of acceptable size to be built upon the lot, with such reduction to be determined by the City Commission. Existing buildings on nonconforming lots may be expanded without deviations or variances so long as the expansion does not increase or create one or more nonconformities. 1. In the R-S, R-1 and R-2 districts, the reduction shall permit only a single-household residence. 2. In the R-3, R-4 and R-O districts, the reduction shall permit only a duplex. No lot, even though it may consist of one or more adjacent lots in common ownership at the time of passage of the ordinance codified in this title, shall be reduced in size so that lot width or size of yards or lot area per household or any other requirement of this title is not maintained except as provided for in this title. This section views lots as merged for the purposes of planning and zoning regulation of bulk, size, or similar dimensional standards only, and does not B. Ordinance # 1693: Effective March 24,2007. page 60-2 . . . .. aggregate individual parcels of land in a manner affected by ~76-3-103(17)(b), MCA This section shall not apply when a ponion of a lot is acquired for a public purpose. Adjacent parcels which do not conform to minimum lot requirements, and which are in common ownership, shall be considered individual lots of record for the purposes of this code only if they are each greater than one acre in size and were created prior to the passage of the ordinance codified in this title. 18.60.040 NONCONFORMING STRUCTURES A. Any nonconforming structure lawfully existing upon the effective date of the ordinance codified in this title may be continued at the size and configuration existing upon such date except as hereinafter specified, or in the case of signage as specified in Chapter 18.52, BMC and lighting as specified in ~18.42.150.0, BMC. B. The right to operate and maintain a nonconforming structure shall terminate when the structure is removed beyond 50 percent of the market value, razed or substantially damaged. However, in the event of damage by fire, wind, earthquake or other natural disaster to the extent described above, said nonconforming nonresidential structure may be reestablished through a conditional use permit procedure as set fonh in Chapter 18.34, BMC. Such restoration shall comply to the maximum extent feasible with the requirements of this title. C. Normal maintenance of a lawful nonconforming structure is permitted, including necessary structural repairs provided such structural repairs do not enlarge the structure or intensifY the use. eA. B. e 18.60.050 CHANGES TO OR EXPANSIONS OF NONCONFORMING STRUCTURES c. A lawful nonconforming structure shall not be changed except in conformance with the requirements of the zone in which it is located or as provided in this chapter. A lawful nonconforming structure may be expanded through the plan review process required by Chapters 18.28, 18.30 and 18.34, BMC. Unless the proposed expansion would create a new nonconformity or increase an existing nonconformity, no deviation or variance is required for the expansion. If a lawful nonconforming structure is proposed to be changed or expanded in a manner which would increase the degree of nonconformity, or would create a new nonconformity, a deviation or variance shall be properly granted prior to or in conjunction with the site development approval required in Chapters 18.28, 18.30, and 18.34, BMC. The maintenance and reconstruction of existing nonconforming residential structures is allowed, in compliance with applicable fire and building codes, as well as, the provisions of this chapter, so long as the number of dwelling units on the lot is not increased. Maintenance activities may not increase the degree of nonconformity. D. Ordinance # 1693: Effective March 24,2007. page 60-3 CHAPTER 18.62 . DEVELOPMENT REVIEW COMMIITEE (DRC), DESIGN REVIEW BOARD (DRB), ADMINISTRATIVE DESIGN REVIEW STAFF (ADR), WETLANDS REVIEW.BOARD (WRB), BOARD OF ADJUSTMENT (BOA) 18.62.010 PURPOSE OF ORe, ORB, ADR, WRB, AND BOA A. Purpose. The Development Review Committee (DRe), Design Review Board (DRB), Administrative Design Review staff (ADR) and Wetlands Review Board (WRB) are established to coordinate, expedite and assure fair and equitable implementation of this title. The objective, to be implemented through their procedures and deliberations, shall be to encourage development quality that will enhance both the natural and built environments, with consideration to present and future property values, and to carry out the purposes of this title. All bodies authorized under this chapter may call upon any City staff or other persons with technical expertise, and may testify before any board, commission or other body upon the subjects for which they have responsibility. 1. DRC. The DRC is established to evaluate all proposals subject to the provisions of this title. The DRC is the body charged with reviewing items relating to public health and safety. a. The DRC shall act as an advisory body to the Planning Director for site plans when no variance or deviation is requested; and b. The DRC shall act as an advisory body to the City Commission for larger and more complex proposals including conditional use permits, planned unit developments, all site plans involving variances or deviations, divisions of land, zone map amendments, annexations and other actions as requested by staff or the City Commission. DRB. The DRB is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the Planning Director or City Commission, subject to the provisions of this title. a. The DRB shall act as an advisory body to the Planning Director for site plans within overlay districts meeting one or more of the thresholds of ~18.34.040.C, BMC when no variance or deviation is requested; and b. The DRB shall act as an advisory body to the City Commission regarding: (1) Site plans within overlay districts meeting one or more of the thresholds of ~18.34.040.C, BMC when variances or deviations are requested; (2) Conditional use permits located within overlay districts, but excluding conditional use permits for the purpose of accessory dwelling units and conditional use permits which do not create additional building area; (3) Planned unit developments; (4) Appeals from ADR decisions; and (5) Review of applications for Large Scale Retail. c. The DRB may develop, and after adoption by the City Commission, apply specific guidelines related to such concerns as architectural appearance, landscape design and signage for the construction and! or alteration of structures, sites or areas; . . 2. Ordinance # 1693: Effective March 24, 2007. page 62-1 d. The DRB may review applicable development proposal applications for zoning text amendments, or applications for moving, demolition or any other kind of . permit that may affect properties located within entryway corridors. e. The DRB has responsibility for projects subject to ~18.34.040.C, BMC. 3. ADR. The ADR staff is established as the review body for aesthetic considerations of smaller and less complex proposals which are less likely to produce significant community impact and to provide recommendations regarding such proposals to the Planning Director and City Commission, subject to the provisions of this title. a. The ADR staff shall act as the approval authority for sketch plans within overlay districts when no variance or deviation is requested; b. The ADR staff shall act as an advisory body to the Planning Director for site plans within overlay districts not meeting one or more of the thresholds of ~18.34.040.B when no variance or deviation is requested; c. The ADR staff shall act as an advisory body to the Planning Director regarding reuse/further development permits within overlay districts; and d. The ADR staff shall act as an advisory body to the City Commission regarding all sketch plans and site plans not meeting one or more of the thresholds ~18.34.040.B within overlay districts when variances or deviations are requested, for conditional use permits for accessory dwelling units, conditional use permits where no additional building area will be created, and non-POD divisions of land; e. The ADR may develop, and after adoption by the City Commission, apply specific guidelines related to such concerns as architectural appearance, landscape . design and signage for the construction and/or alteration of structures, sites or areas; and f. The ADR may review applicable development proposal applications for zoning amendments, or applications for moving, demolition or any other kind of permit that may affect propenies located within entryway corridors. 4. WRB. The WRB is established to prepare functional assessments of regulated wetlands that may be impacted by proposed regulated activities, evaluate the impacts proposed regulated activities may have on delineated wetlands and to provide wetlands protection, mitigation and/or enhancement recommendations regarding such proposals to the Planning Director and City Commission, subject to the provisions of this title. a. The WRB shall act as an advisory body to the Planning Director for sketch plans and site plans when no variance or deviation is requested b. The WRB shall act as an advisory body to the City Commission for larger and more complex proposals including conditional use permits, planned unit developments, all site plans involving variances or deviations, divisions of land, zone map amendments, and other actions as requested by staff or the Commission. 5. BOA~ The BOA is established to consider zoning variances, deviations, site plans which include variance or deviations, and conditional use permits, subject to the provisions of this title. Variances and deviations are subject to Chapter 18.66 and conditional use permits are subject to Chapter 18.34, in addition to the other relevant aspects of this . title. Ordinance # 1693: Effective March 24, 2007. page 62-2 . . . 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 title 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 Planning Director or City Commission 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 assure 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 or designee, Fire Marshal or designee, the Streets Superintendent or designee, the Sanitation Superintendent or designee, the Water/Sewer Superintendent or designee, the Planning Director or designee and the Building Official or designee. When necessary, other members of the committee may include: the Director of Public Safety or designee, the Superintendent of Facilities and Public Lands or designee, the Superintendent of Recreation or designee, the City Manager or designee, with other individuals to be included as necessary at the Planning Director's request. 2. When applicable, the DRC may solicit the input of non-City agencies and persons including, but not limited to, the county subdivision review officer or designee, the County Sanitarian or designee, the County Road Superintendent or designee, and state or federal agencies, with other individuals to be included as necessary. Design Review Board 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 members of the DRB. Written meeting reviews setting forth decisions and findings shall be made. These records shall be preserved as part of the official proceedings for each developmental proposal. Lastly, the DRB shall generally follow "Roben's Rules of Order" and may prepare and adopt supplemental procedural rules, upon the approval of the City Commission, that will assure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the design review process. 1. The DRB shall consist of six professional and two nonprofessional members. Professional members shall be degreed in their respective disciplines and! or otherwise licensed or certified by their respective professional authorities. An appointment to a term of service on the DRB is for two years. The professional contingent shall consist of three architects and at least one architectural historian, and at least one landscape architect or landscape designer. At least one of the professional members shall have demonstrated expertise in urban design. Nonprofessional members shall be individuals with an interest in, or knowledge of, urban design or historic preservation. No member of the DRB shall serve concurrently as a member of the Planning Board or Zoning Commission. A quorum of the DRB shall be four voting members and one of the members constituting the quorum must be an architect. In the event a quorum of the DRB may not otherwise be attained, the ADR staff may serve as alternates to prevent delay in project reviews. 2. In selecting the members, the City Commission shall give preference to residents of the City of Bozeman. However, where a qualified professional resident is not available to Ordinance # 1693: Effective March 24, 2007. page 62-3 c. D. E. serve, the City Commission may appollt a professional member who practices professionally, owns property or owns a business within the City. Where a nonprofessional resident is not available to serve, the City Commission may appoint a nonprofessional member who works, owns property or owns a businesswithin the City. Administrative Design Review Staff Procedures Established To implement this purpose, certain procedures shall be adopted for the administrative evaluation of a proposal without public notice or comment, unless a deviation from the underlying zoning is requested. After a proposal has been evaluated by the ADR staff, they shall issue a written decision that shall include findings and may include a notice of required corrections. The ADR staff may call a conference with t4e applicant to determine design alternatives, or the applicant may call a conference with the ADR staff for the same purpose. Any such conference shall be conducted prior to the issuance of a building permit for the proposal. 1. ADR staff shall consist of two Planning Department staff members. One member shall be degreed or otherwise licensed or certified by his/her respective professional authorities in an environmental design discipline such as architecture, landscape architecture or urban design. The second member shall be the Planning Director or his/her designee who mayor may not be degreed in architecture. In the event that necessary ADR staff is not available, the DRB may act to provide design review services. Waiver of Design Review. In the event that neither the DRB nor the ADR staff as established in this chapter are able to complete a quorum or have the necessary personnel to conduct the reviews otherwise required by this title, the requirement for review by DRB or ADR is waived Nothing in this section shall constitute a waiver of the required review criteria established in Chapters 18.28, 18.30, 18.36, and 18.56, BMC. Wetlands Review Board Procedures Established. The WRB will be convened as necessary to review proposals that involve regulated activities and may impact regulated wetlands based on the provisions contained in Chapter 18.56, BMC. To implement this purpose, certain procedures shall be adopted to include, but not be limited to, scheduling meetings as needed to be attended by members of the WRB. Written meeting reviews setting forth decisions and findings shall be made. These records shall be preserved as part of the official proceedings for each development proposal. Lastly, the WRB shall generally follow "Robert's Rules of Order" and may prepare and adopt supplemental procedural rules, upon the approval of the City Commission, that will assure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the wetland review process. 1. The WRB shall consist of six members. An appointment to a term of service on the WRB is for two years. Members shall be degreed in their respective disciplines and! or otherwise licensed or certified by their respective professional authorities. Members shall consist of at least one biologist, one soil scientist, one plant scientist, and one hydrologist. 2. In selecting the members, the City Commission shall give preference to residents of the City of Bozeman. However, where a qualified resident is not available to serve, the City Commission may appoint a member who practices professionally, owns property or owns a business within the City. Board of Adjustment Procedures Established. The BOA will be convened as necessary to review applications for variances or deviations or applications involving variances or deviations. The BOA will also review applications for conditional use permits. To implement this purpose, certain procedures shall be adopted which may include, without limitation, a regularly scheduled weekly or biweekly meeting attended by members of the BOA. A record of the reviews and decisions shall be made. These records shall be preserved as part of the official proceedings for F. G. Ordinance # 1693: Effective March 24,2007. page 62-4 . . . 18.62.020 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. The initial informal review by an applicant or owner for a specific parcel shall be conducted without a fee. A fee, set in accordance with the fee resolution adopted by the City Commission, shall be charged for a second or subsequent informal review requested by the same applicant and/or owner for the same real property as a prior informal review. No application is required for informal review or advice by the ADR staff. 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, ete. as outlined in this title. 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. Public Notice. Public notice for any proposal before the DRC, DRB, ADR or WRB that requires such notice shall be provided in accordance with Chapter 18.76, BMC. 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 action to recommend approval, approval with conditions, table pending submission of revised or . . D. . each development proposal. Lastly, the BOA shall generally follow "Robert's Rules of Order" and may prepare and adopt supplemental procedural rules, upon the approval of the City Commission, that will assure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the review process. 1. The BOA shall consist of 7 members. The term of appointment is for 3 years, with staggered terms. Members shall be appointed by the City Commission. A member may be removed per Section 76-2-322, MCA. The concurring vote of four members of the board is required to take official action. 2. In selecting the members, the City Commission shall give preference to residents of the City of Bozeman. However, where a qualified resident is not available to serve, the City Commission may appoint up to one non-resident member who practices professionally, owns property or owns a business within the City. a. Preference should be given to applicants who have prior experience with local government, who will uphold the intent and purpose of the City's land use regulations, and who will honor the purpose of a Board of Adjustment. B. c. Ordinance # 1693: Effective March 24,2007. page 62-5 E. 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 recommend approval, approval with conditions, delay pending submission of revised or additional materials or denial of the applicant's proposal. BOA Action. After the applicants' proposal is found sufficient for review, the schedule for BOA action to approve, approve with conditions, table pending submission of revised or additional materials, or deny the applicant's proposal shall be established. Ordinance # 1693: Effective March 24,2007. page 62-6 . . . . . . CHAPTER 18.64 ADMINISTRATION, FEES AND PENALTIES 18.64.010 REVIEW AUTHORITY A. The City Commission has the right to review and require revisions to all development proposals subject to this title, and delegates that authority in cenain circwnstances as set forth below to the Planning Director and Board of Adjustment, reserving to itself the right to hear appeals from decisions of the Planning Director and Board of Adjustment. 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 propeny; to protect the character of Bozeman; to protect the right of use of property; advance the purposes and standards of this title and the adopted growth policy; and to ensure that the applicable regulations of the City are upheld B. The Planning Director shall, upon recommendation from the DRC, DRB, ADR or WRB as may be applicable approve, approve with conditions or deny all applications subject to this title, except master site plans, conditional use permits, planned unit developments and subdivisions, or any application involving deviations or variances. Decisions of the Planning Director are subject to the appeal provisions of Chapter 18.66, BMC, 1. 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 normally subject to the approval of the Planning Director. The vote shall occur prior to the action of the Planning Director. C. The Board of Adjustment shall, upon recommendation from the DRC, DRB, ADR or WRB as may be applicable approve, approve with conditions or deny applications for all variances and deviations, site/sketch plans with variances or deviations, or conditional use permits subject to this title, except planned unit developments and subdivisions. Decisions of the BOA are subject to the appeal provisions of Chapter 18.66, BMC, 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 shall occur prior to the action of the Board of Adjustment. D.. As detailed in Chapter 18.62, BMC, the City Commission authorizes the Development Review Committee, Design Review Board, administrative design review staff and/ or Wetlands Review Board, as applicable, to review and to make recommendations to the Planning Director or City Commission regarding development proposals. E.. 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 title are minimum requirements and the public health, safety, and general welfare may be best served by exceeding those minimums, the City Commission or Planning Director may require as a condition of approval, additional landscaping, screening, timing requirements, setbacks or other mitigation exceeding the minimums of this title. Ordinance # 1693: Effective March 24,2007. page 64-1 18.64.020 ADMINISTRATION AND ENFORCEMENT - PLANNING DIRECTOR AUTHORITY A. The Planning Director, or his/her designated representative, shall administer and enforce this title. He/she may be provided with the assistance of such other persons as the Planning Director may supervise and those assistants shall have essentially the same responsibilities as directed by the Planning Director. B. The Planning Director may in the administration of this title consult with other persons having expertise in relevant subject areas as in his/her opinion is necessary for the review of the proposed development or administration of the title. C. If the Planning Director shall find that any of the provisions of this title are being violated, he/ she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He/she shall order discontinuance of illegal use of land, illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this title to ensure compliance with or prevent violation of its provisions. . 18.64.030 ENFORCEMENT - PLANNING DIRECTOR This title shall be enforced by the Planning Director and his/her authorized representatives. No development approval, subdivision approval, building permit or business or occupational use license shall be issued, except in compliance with the provisions of this title. 18.64.040 STOP-WORK ORDER - PLANNING DIRECTOR, BUILDING OFFICIAL, CITY ENGINEER AUIHORITY Whenever any subdivision, development or building work is being done contrary- to the provisions of . this title, the Planning Director shall order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Planning Director to proceed with the work. The Building Official or City Engineer may also issue a stop~work order when building work is being done cont:raty to the provisions of this title. 18.64.050 PERMISSION TO ENTER The City Commission, or its designated agents, may conduct such investigations, examinations and site evaluations as they deem necessary to verify the information supplied. The submission of material or a plat for review shall constitute a grant of permission to enter the subject property. 18.64.060 INACCURATE OR INCOMPLETE INFORMATION AND WAIVERS A. The City shall review each submitted application for completeness and sufficiency as described in ~~ 18.06.040 and 18.34.070, BMC. B. The final approval body may withdraw approval or conditional approval of a preliminary plat or other development approval if they determine that information provided by the applicant, and upon which approval or conditional approval of the preliminary plat or other development was based, is inaccurate or incomplete. 1. Within thirty calendar days following approval or conditional approval of a preliminary plat or other development application, any person or agency that claims that information provided by the applicant is inaccurate or incomplete may submit the information and proof to the planning department. 2. The Planning Department shall investigate the claim, the accompanying information and . proof, and make a report to the final approval authority (City Commission or the Ordinance # 1693: Effective March 24, 2007. page 64-2 . Planning Director) within thirty working days after receipt of the information. If the final approval authority is the City Commission, the Commission shall consider the information and proof, and shall make a determination regarding the claim at a regular meeting. Notice of the meeting or presentation of the report shall be given to the claimant and the applicant. 18.64.070 COORDINATED REVIEWS When a proposed subdivision, development or use is also proposed to be annexed to the City of Bozeman, the City shall coordinate the development review and annexation procedures to minimize duplication of hearings, reports, and other requirements whenever possible. The City Commission shall also hold joint public hearings on the initial zoning and the annexation whenever possible. Based upon the circumstances of proposed development the City may require sequential review of applications. 18.64.080 DATE OF SUBMITTAL AND ASSOCIATED REVIEW STANDARDS A. Subdivision. Review and approval or disapproval of a subdivision under these regulations may occur only under those regulations in effect at the time a subdivision application for approval of a preliminary plat is deemed sufficient according to ~18.06.040, BMC, or for an extension under Chapter 18.06, BMC is submitted to the City of Bozeman. B. Non-subdivision. Review of nonsubdivision applications shall be under such regulations as are in effect at the time an application for approval of a preliminary site plan is deemed complete according to ~ 18.34.070, BMC; except that an interim zoning ordinance adopted according to ~ 76-3-306, MCA shall apply to a non subdivision application without limitation to the date of completeness of the application until final action has been taken on the application. An applicant may waive, in writing, the shield from changing ordinances established by this section. In the event that such waiver is provided, the non-subdivision application shall be reviewed under the ordinances in effect on the date of the final action on the application. . 18.64.090 PLANNING DIRECTOR AND BUILDING OFFICIAL - PLAN APPLICA nON CHECKING - NOTICE OF NONCOMPLIANCE A. It is the intent of this title that the Planning Director and Building Official, or their designees, shall check all development plans and applications for permits for compliance with this title both before and during construction. B. If, during this procedure, the Planning Director and/or the Building Official deems that the proposed plan or construction does not comply with this title, he shall inform the applicant of the infraction and shall stop all construction on the project until such time as the applicant, builder or principal revises his plan to conform to this title and! or fulfills the requirements of any mandated review procedure(s) as set forth in this title. 18.64.100 BUIlDING PERMIT REQUIREMENTS No building or other structure shall be erected, moved, added to or structurally altered and no land use shall be changed without valid permits as prescribed in this chapter. A. Only minor site surface preparation and normal maintenance shall be allowed prior to conditional approval by the appropriate review authority and the issuance of a building permit, providing that such activity does not include excavation for foundations or the removal of mature, healthy vegetation. Upon conditional approval by the appropriate review authority, excavation for foundations and the preparation of forms may occur. However, no concrete shall be poured and no further construction shall commence until final site or sketch plan approval has been granted and until building permits have been issued. . Ordinance # 1693: Effective March 24,2007. page 64-3 1. EXCEPTION: When construction and funding of public streets are occurring under the provisions of Chapter 18.36, BMC, Planned Unit Development (PUD), the issuance of building permits may be allowed prior to completion of infrastructure improvements, pursuant to the provisions established in Chapter 18.74, BMC. Building Permit. Within the limits of the City, building permits shall be obtained by following the latest version of the International Building Code (International Code Council, 5360 South Workman Mill Road, Whittier, California) adopted by the City. The building permit shall be obtained by application to the Building Official. Applications shall be accompanied by plans in duplicate, drawn to scale showing the actual dimensions and shape of the lot to be built upon; the legal description of the parcel; the exact sizes and location on the lot(s) of buildings already existing, if any; the location and dimensions of the proposed buildings or alternatives; and two copies of the approved site plan or sketch plan as approved under Chapters 18.34, 18.36, ete. of this title. One copy of the plans shall be returned to the applicant after the Building Official and Planning Director have marked each copy either as approved or disapproved and attested to same by their signatures. The second copy similarly marked shall be retained by the Building Department. Approval of any plan that has been granted based upon false information provided by the applicant shall be deemed void without requirement for further action by the City. Based upon an approved sketch, site plan, certificate of appropriateness, conditional use permit or planned unit development (hereinafter referred to as "plan"), and after any appeals have been resolved, a building permit for the site may be requested and may be granted, provided such building permit is granted within one year of plan approval. Prior to lapse of one year, the applicant may seek an extension of one additional year from the Planning Director. In such instances, the Planning Director shall determine that the terms and circumstances have not significantly changed since the initial approval. 18.64.110 PERMIT ISSUANCE - CONFORMITY WITH REGULATIONS REQUIRED No permit or license of any type shall be issued unless in conformance with the regulations contained within this title. Permits issued on the basis of plans and applications approved by the Building Official and Planning Director authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this title, punishable as provided in this chapter. B. c. D. E. F . . 18.64.120 PERMITS ISSUED CONTRARY TO TITLE DEEMED VOID Any authorization, including without limitation subdivision approval, site plan approval or building permit, issued, granted or approved in violation of the provisions of this title shall be null and void and of no effect without the necessity of any proceedings or a revocation or nullification thereof, and any work undertaken or use established pursuant to any such building permit or other authorization shall be unlawful. 18.64.130 EXPIRATION OF PERMITS Every permit issued by the Building Official under the provisions of this title shall expire by limitation and become null and void if the building or work authorized by such permit has not commenced within 180 calendar days from the date of such permits, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 calendar days. . Before such work can be recommenced, a new permit shall first be obtained to do so, and the fee therefore shall be one~half the amount required for a new permit for such work, provided no changes Ordinance # 1693: Effective March 24, 2007. page 64-4 have been made or will be made in the original plans and specifications for the work, and provided further that such suspension or abandonment has not exceeded one year. .8.64.140 FEE SCHEDULE A. The City Commission shall establish a schedule of fees, charges and expenses. and a collection procedure for reviews, permits, appeals and other matters pertaining to this title. The schedule of fees for the procedures listed below shall be set from time to time by the City Commission by resolution. The fees shall be available in the office of the Planning Director and may be altered or amended only by the City Commission. B. No subdivision, permit, zone change, site plan, conditional use, special temporary use, planned unit development, deviation or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the administrative design review staff, Development Review Committee, the Design Review Board, the Zoning Commission, the Planning Board or the City Commission until fees have been paid in full. 18.64.150 COMPLAINTS OF ALLEGED VIOLATIONS - FILING AND RECORDING Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof shall be filed with the Planning Director. He shall record properly such complaint and immediately investigate and take action thereon as provided by this title. 18.64.160 VIOLATION - PENAL IT - ASSISTING OR ABETTING - ADDITIONAL REMEDIES .. .. B. Violation of the provisions of this title or failure to comply with any of its requirements including violations of conditions and safeguards established in connection with the grant of variances or conditional uses or any of the required conditions imposed by the Planning Director and/or City Commission shall constitute a misdemeanor. Any person who violates this title or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned or both, as set fonh in state law regarding subdivision and zoning, and in addition shall pay all costs and expenses involved in the case except as stated in subsection D of this sectlOn. 1. Each day such violation continues shall be considered a separate offense and punishable as such. 2. For violations relating to plats each sale, lease or transfer of each separate parcel of land in violation of any provision of these regulations or the Montanan Subdivision and Platting Act shall be deemed a separate and distinct offense. The code compliance officer is authorized to issue a notice to appear under the provisions of ~46-6- 31 0, MCA to any violator of this title. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. If transfers not in accordance with these regulations or the Montana Subdivision and Platting Act are made, the City Attorney shall commence action to enjoin further sales or transfers and compel compliance with all provisions of these regulations. The cost of the action must be imposed against the party not prevailing. When a violation has not been corrected by the property owner after written notice from the City, the enforcement officer or Planning Director may seek approval for filing at the Gallatin c. D. Ordinance # 1693: Effective March 24, 2007. page 64-5 F. County Clerk and Recorder's Office a Notice of Violation or Noncompliance. Such notice shall serve to advise potential purchasers of existing violations of this title or of on-going enforcement actions regarding a property. Such notice shall clearly state that the parcel or development on the parcel is in violation of this title and that correction of the violation must be made prior to the City approving additional development or redevelopment of the site. The notice shall also describe the nature of the violation and applicable citations to the relevant sections of this title. 1. When such a notice is to be fIled the enforcement officer shall either: a. 'Through the office of the City Attorney bring an action for civil and/or injunctive relief that requests a coun order to record a Notice of Violation or Noncompliance; or b. Schedule a public hearing to be held before the City Commission with the intention of receiving an order from the City Commission confirming the validity of the violation and the need for correction, and authorizing the recording of the Notice of Violation or Noncompliance. Notice of such a hearing shall be provided as required by Chapter 18.76, BMC. 2. When a violation has been corrected for which a Notice of Violation or Noncompliance was filed, the City shall record a release of noncompliance indicating that the prior violation has been corrected. The property owner is responsible for notifying the Planning Department in writing of the correction of the violation or noncompliance. Upon receipt of such notification by the property owner, the enforcement officer shall conduct an inspection to verify correction prior to the recording of the release. The City may maintain an action or proceeding in a coun of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, any provision of this title. Nothing herein contained shall prevent the City from taking such other lawful action as is nec- essary to prevent or remedy any violation. G. Ordinance # 1693: Effective March 24, 2007. page 64-6 . . . . CHAPTER 18.66 APPEALS, DEVIATIONS AND VARIANCE PROCEDURES . 18.66.010 PURPOSES A. TIlls chapter is adopted: 1. To establish procedures for granting relief from the requirements of this title subject to the standards of this chapter in order to preserve equitable implementation of the law, prevent special treatment to particular parties and preserve the various rights established by the Montana and United States constitutions of all persons subject to this title; 2. To provide through appeals of administrative interpretations a procedure for consideration of and resolution of disputes regarding the meaning and implementation of this title; 3 . To provide through deviations a procedure for flexibility, as a means to support creativity and excellence of design, in the application of the standards of this title in overlay districts and planned unit developments as provided for in this title; 4 . To provide through zoning variances a procedure for relief from the occasional inequities created by the physical standards of this title relating to zoning when such standards create a substantially unequal burden on a particular parcel of land in a fashion that would otherwise prevent the reasonable use of property, owing to physical circumstances unique to that parcel; 5. To prohibit the granting of variances that would be contrary to the public interest and endanger public health, safety and welfare; 6. To provide through subdivision variances a procedure for relief from standards relating to platting requirements or improvements within public rights-of -way when such standards would result in undue hardship and are not essential to the public health, safety and general welfare; and 7 . To allow for appeals from decisions made by administrative staff approving, approving with conditions or denying applications for development approval. B. The Board of Adjustment shall hear and decide variances and deviations as follows: 1. Authorize in specific cases such deviations from the terms of this title relating to zoning as will advance the intent and purposes of this title and meet the standards established for the granting of deviations; 2. Authorize in specific cases such zoning variances from the physical standards of this title, exclusive of those items included as subdivision variances, that will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions will result in unnecessary hardship, and so that the spirit of this title shall be observed and substantial justice done. e. The City Commission shall hear and decide appeals of administrative decisions, variances and deviations as follows: 1. When Reclaimed per Section 18.64.01O.C, BMC. a. Authorize in specific cases such deviations from the terms of this title relating to zoning as will advance the intent and purposes of this title and meet the standards established for the granting of deviations; and . Ordinance # 1693: Effective March 24,2007. page 66-1 2.. b. Authorize in specific cases such zoning variances from the physical standards of this title, exclusive of those items included as subdivision variances, that will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions will result in unnecessary hardship, and so that the spirit of this title shall be observed and substantial justice done. Authorize in specific cases such subdivision variances from the platting requirements and standards for improvements within public rights-of-way required by this title where it is found that strict compliance would result in undue hardship and is not essential to the public health, safety and general welfare. Consider appeals from decisions of the Planning Director regarding subdivision exemptIons. Consider deviations to standards of the title when proposed through a planned unit development. Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this title or of any standards adopted pursuant thereto. An aggrieved person may appeal the final decision of the Planning Director in the manner provided in this chapter 3. 4. 5. 18.66.020 HEARING AND NOTICE REQUIREMENTS A. There shall be a hearing before the Board of Adjustment or City Commission for any appeal of administrative decisions and interpretations and for each application for any variance or deviation. The hearing shall be held at an appointed time and place. Testimony shall be taken by the BOA or Commission from persons interested in the application and from the Planning Department staff. B. The Planning Director or Clerk of the Commission shall give public notice as required by Chapter 18.76, BMC of all public hearings to be held before the BOA or City Commission. Notification of appeal procedures shall be included in the initial posting and notice of the proposal, provided that an initial posting and notice is required by Chapter 18.76, BMC. 18.66.030 ADMINISTRATIVE PROJECT DECISION APPEALS A. B. An aggrieved person may appeal the final decision of the Planning Director in the manner provided in this section. Any appeal of a final administrative decision to approve, approve with conditions or deny an application shall be an appeal on the basis of the information available to the Planning Director including this title, all submitted application materials, review and recommendations by administrative staff or advisory bodies, public comment and such other materials as were available. Denial of requests for waiver or alteration of applicable regulations is not a decision subject to appeal of an administrative decision. This section shall also apply to decisions by the Planning Director regarding evasion of the Subdivision and Platting Act per ~18.1O.070, BMC. Application of Appeal Procedures. Appeals from administrative staff to the City Commission or the courts are set forth in the various sections of this title. Said appeals are permitted under the provisions of this section in the manner set forth herein. 1. These appeal procedures shall apply to the decisions brought forth by the Planning Director. 2. Appeals shall be from the Planning Director to the City Commission according to Section 18.66.010, BMC. Ordinance # 1693: Effective March 24, 2007. page 66-2 . . . .c. . .1. D. 3. In reviewing an appeal the City Commission shall consider the application as if it were the original approval. Filing of Notice of Appeal. An appeal shall be taken by filing with the Clerk of the Commission a notice of intent to appeal by 5:00 pm on the fourth business day following the final decision of the Planning Director, and a documented appeal and appeal fee within seven business days of the final decision of the Planning Director. Such notice of intent to appeal shall include the following: 1. The action of the Planning Director which is the subject of the appeal; and 2. The date of such action. Appeal Contents. In all cases, the complete appeal application shall include, and shall not be deemed fIled until, all of the materials required by ~18.78.140, BMC is submitted. Notice of Appeal. Once a complete appeal has been filed and a hearing date is set, notice of the appeal shall be provided in the same fashion as was required for notice of the initial application. The date, time and location for the public hearing on the appeal before the City Commission shall be included in the required notice of the appeal. Scheduling of the Hearing. Upon receipt of a complete appeal application the Clerk of the Commission shall place the appeal on the next available regularly scheduled City Commission agenda for scheduling. The City Commission shall schedule the hearing of the appeal within thirty working days of the agenda item to set the hearing date. Material. The material to be considered by the City Commission shall be the record of the project review, including the Planning Director's decision, in addition to materials that may be submitted during the processing and review of the appeal. 1. No less than fourteen calendar days prior to the appeal hearing before the City Commission the Planning Department shall transfer the entire record of the application to the City Commission. 2. Any materials submitted by the appellant shall be provided to the City Commission no less than fourteen calendar days prior to the appeal hearing before the City Commission. Procedure of the Hearing. At the hearing on the appeal, the following procedure shall be followed: 1. Only arguments and evidence relevant to the application shall be presented The presentation shall be made in the following order, subject to such limitations, in time and scope as may be imposed at the discretion of the presiding officer: a. Explanation of the application and nature of the appeal and presentation by Planning Department staff; b. Presentation of position by the applicant and! or representative; c. Presentation by any person who is a proponent or an opponent of the application; and d. Motion, discussion and vote by the City Commission. 2. No person making a presentation shall be subject to cross-examination except that members of the City Commission and the City Attorney may inquire of such person for the putpose of eliciting information and for the purpose of clarifying information presented Alternative Actions Available to the Appellate Body. At the conclusion of the hearing, the City Commission shall approve, approve with conditions or deny the application. E. F. G. H. Ordinance # 1693: Effective March 24, 2007. page 66-3 18.66.040 ADMINISTRATIVE INTERPRETATION APPEALS A A request for appeal of an interpretation of this title, including classifications of use per Chapter . 18.14, BMC, shall be made by filing an application, with appropriate fees, with the Clerk of the Commission within 30 calendar days of the interpretation decision. After receiving a completed application the Clerk of the Commission shall schedule a hearing at a regular Commission meeting. In all cases, the complete application shall include, and shall not be deemed filed until, all of the materials required by ~18.78.150, BMC are submitted. B. The Commission shall cause to be made such investigation of facts bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this title. During time of appeal all construction shall cease and shall not commence until approved by the City Commission. C. When interpreting the meaning of this title, subsections of the ordinance shall be construed in a manner that will give effect to them all as the ordinance derives its meaning from the entire body of text taken together. D. The concurring vote of four members of the Commission shall be necessary to reverse any order, requirements, decisions or determination of any administrative official, or to decide in favor of the applicant. 18.66.050 DEVIATIONS All requests for deviations in the neighborhood conservation overlay district, entryway overlay districts or through the POO process shall be heard by the BOA Deviations may only be applied for in conjunction with submittal of a development proposal of a type authorized by Chapters 18.34 and 18.36, BMC. Standards and criteria for award of deviations are contained in Chapters 18.28, 18.30 and 18.36, BMC. The concurring vote of four members of the BOA shall be necessary to grant requested deviations to this title. The granting of a deviation is an exercise of administrative power that can effect no change in the ordinance. A deviation may be granted only in a specific instance permitting a nonconformity in order to accomplish the specific objectives of Sections 18.28.070, 18.30.080, and 18.36.030.D., and provided the standards and criteria imposed are met. Deviations shall not be granted for relief from procedural requirements, or to waive or vary the application of an ordinance provision imposing specific safety requirements, or to waive or vary the application of other ordinances or statutes . 18.66.060 ZONING VARIANCES A Application. A request for one or more variance(s) shall be made by filing an application, with appropriate fees, with the Planning Director at least 30 calendar days prior to the BOA hearing and shall be accompanied by the materials described in ~18.78.160, BMC. B. Investigation of Facts. The BOA shall cause to be made such investigation of facts bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this title. C. Criteria for Consideration and Decision. In acting on an application for a variance, the BOA shall designate such lawful conditions as will secure substantial protection for the public health, safety and general welfare, and shall issue written decisions setting fonh factual evidence that the variance meets the standards of ~76-2-323,MCA in that the variance: 1. Will not be contrary to and will serve the public interest; 2. Is necessary, owing to conditions unique to the propeny, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this title: . Ordinance # 1693: Effective March 24,2007. page 66-4 . . . D. a. Hardship does not include difficulties arising from actions, or otherwise be self- imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and b. Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regulations on previously lawful lots, and governmental actions outside of the owners control; 3. Will observe the spirit of this title, including the adopted growth policy, and do substantial justice; 4. In addition to the criteria specified above, in the case of a variance relating to the flood hazard provisions of Chapter 18.58, BMC: a. Variances shall not be issued for areas within a floodway if any additional increase in flood elevations or velocities after allowable encroachments into the floodway fringe would result; b. Variances shall only be issued upon: (1) A determination that the granting of a variance will not result in increased flood hazards, present additional threats to public safety, be an extraordinary public expense, create nuisances, cause fraud, victimize the public, or conflict with existing state and local laws; (2) A determination that the proposed use would be adequately floodproofed as specified in Chapter 18.58, BMC; (3) A determination that a reasonable alternate location outside the floodplain is not available; (4) A determination that the variance requested is the minimum necessary to afford relief, considering the flood hazard; and (5) Approval of the Montana Department of Natural Resources and Conservation, upon request from the City, prior to formally approving any pennit application that is in variance to these regulations. Authorization and Limitations on Approval. 1. The BOA may, after public notice and hearing, deny, approve or conditionally approve all requests for variances meeting all the criteria of this section, including: a. Requests to modify dimensional or other numerical requirements of this title; b. Requests for multiple variances; c. Requests to modify flood hazard district requirements subject to the provisions of Chapter 18.58, BMC, except that no variance shall be granted to allow construction of buildings within the floodway of a 1 DO-year frequency flood as defined in Title 76, Chapter 5, MCA; and d. Requests for variances in conjunction with conditional use pennits, except planned unit developments. Approvals of all such variances shall be conditioned upon BOA approval of the conditional use pennit. 2. The scope and extent of the variance(s) shall be limited to the minimum relief necessary to provide reasonable use of the property. 3. In no case may the BOA grant variances to allow uses not already pennitted pursuant to this title or alter administrative requirements of this title. Pennission to change uses allowed on a parcel may be sought through a zone map amendment or an amendment to the text of the applicable zoning district. Ordinance # 1693: Effective March 24, 2007. page 66-5 E. 4. The concurring vote of four members of the BOA shall be necessaty to effect any variance of this title. 5. Notifications of approval for variances related to flood hazard requirements of Chapter 18.58, BMC shall notify the applicant that: a. The issuance of a variance to construct a building below the lOa-year floodplain elevation will result in increased premium rates; and b. Such construction below the lOa-year flood elevation increases risks to life and property. Effective Time for BOA Decisions - Variances Void When. The decision of the BOA shall be final except as provided in ~18.66.080, BMC. If a building permit or land use permit is not obtained for the subject property within six months from the date of the BOA's decision, the variance shall be automatically canceled and become null and void. Variances are subject to ~76-2-321 through ~76-2-328, MCA. F. . 18.66.070 SUBDIVISION VARIANCES A. Procedure. The subdivider shall provide during the preapplication process, and include with the submission of the preliminary plat, a written statement describing the requested variance and the facts of hardship upon which the request is based. The Planning Board shall include their findings and conclusion regarding the requested variance in its recommendation to the City Commission. The City Commission shall then consider each variance at the public hearing on the preliminary plat. B. Review Criteria. Per ~76-3-S06, MCA, a variance to this title must be based on specific variance criteria, and may not have the effect of nullifying the intent and purpose of this title. The City . Commission shall not approve subdivision variances unless it makes findings based upon the evidence presented in each specific case that: 1. The granting of the variance will not be detrimental to the public health, safety, or general welfare, or be injurious to other adjoining propenies; 2. Because of the panicular physical surroundings, shape or topographical conditions of the specific property involved, an undue hardship to the owner would result if strict interpretation of this title is enforced; 3. The variance will not cause a substantial increase in public costs; and 4. The variance will not, in any manner, place the subdivision in nonconformance with any other provisions of this title or with the City's growth policy. C. Variances from Hoodway Provisions Not Authorized. The City Commission may not, by subdivision variance, permit subdivision for building purposes in areas located within the floodway of a flood of lOa-year frequency as defined in Title 76, Chapter 5, MeA. Any variances related to floodways shall meet the standards of ~18.66.060.C.4.a, BMC. D. Conditions. In granting subdivision variances, the City Commission may require such conditions as will, in its judgment, secure the objectives of this title. Any approval under this section shall be subject to the terms of the conditions designated in connection therein. Any co~ditions required shall be related both in purpose and scope with the relief sought through the vanance. Statement of Facts. When any variance from this title is granted, the motion of approval shall contain a statement describing the variance and conditions upon which the issuance of the variance is based. E. Ordinance # 1693: Effective March 24,2007. page 66-6 . F. Planned Unit Development. Where the standards and requirements of this title are proposed to be modified thrQugh a planned unit development, the applicable process shall be a deviation rather than a variance. Limitations on Approvals. For subdivision variances, the variance approval shall be null and void if the final plat is not fued within the time allowed for final approval by the City Commission decision. -G. - 18.66.080 APPEALS FROM CITY COMMISSION ACTIONS A. Zoning Variances. Any person or persons, jointly or severally, aggrieved by any decision of the BOA or City Commission under this chapter, or any taxpayer, or any officer, depanment, board or bureau of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal in whole or in pan and specifying the grounds of illegality. Such petition shall be presented to the court within the time frame established by state law. B. Zoning Decisions. An aggrieved person may appeal the approval, approval with conditions or denial of a development application acted upon by the BOA or City Commission by presenting to a court of record a petition, duly verified, setting forth that such decision is illegal in whole or in pan and specifying the grounds of illegality. Such petition shall be presented to the court within the time frame established by state law. C. Subdivision Appeals. A party identified in subsection C.1 below who is aggrieved by a decision of the City Commission to approve, conditionally approve or disapprove a proposed preliminary plat or final subdivision plat, including variances, may, within thirty days after the decision, appeal to the Eighteenth Judicial District Court, Gallatin County, State of Montana. The petition must specify the grounds upon which the appeal is made. 1. The following panies may appeal under the provisions of this section: a. The subdivider; b. A landowner with a property boundary contiguous to the proposed subdivision or a private landowner within the County where the subdivision is. proposed if that landowner can show a likelihood of material injury to the landowner's property or its value; and c. The Gallatin County Commission. 2. If the aggrieved person is the subdivider, they may bring an action in district court to sue the City to recover actual damages caused by a final action, decision, or order of the City Commission or a regulation adopted pursuant to this chapter that is arbitrary or capnoous. - Ordinance # 1693: Effective March 24, 2007. page 66-7 . a-IAPTER 18.68 TEXT AMENDMENTS . 18.68.010 INITIATION OF AMENDMENTS AND CHANGES A The Gty Conunission may, from time to time, amend, supplement or change this title and the regulations appertaining thereto. An amendment, supplement or change may be initiated by the Gty Commission, Gty Manager, Zoning Commission, Planning Board or upon petition from an owner of property within the Gty. B. The Gty Commission, Planning Board or Zoning Conunission may upon a vote of a majority of its members direct the initiation of an amendment to this title and the regulations appertaining thereto. When one of these bodies initiates an amendment, the application shall be signed by the Mayor, President of the Planning Board or Olairman of the Zoning Commission as applicable. C Whenever any person or entity allowed to initiate an amendment desires a change in regulations, they may file with the Planning Department, on forms provided by the Gty for this pmpose, an application duly signed and notarized by that person or authorized representative of that entity requesting an amendment or change of regulations. 1. When the application initiated by an owner of property, bearing the property owners signature(s), is filed with the Department it shall contain or be accompanied by: a. All the data and information pertinent to the understanding and judgment of the proposal, as may be prescribed by the Conunission for that pmpose so as to assure the fullest practicable presentation of facts for the permanent record; and b. A notarized statement by at least one of the owners of property within the area subject to the proposed changes attesting to the truth and correctness of all facts and information presented with the petition. 18.68.020 AMENDMENTS - INVESTIGATION REQUIREMENTS Upon initiation of an amendment by the Gty Commission, Zoning Commission, Planning Board or upon petition from a property owner, the Zoning Commission and! or Planning Board shall cause to be made an investigation of facts bearing on such initiation or petition as will provide necessary information to assure that the action of each such petition is consistent with the intent and purpose of this title as set forth in ~18.02.040, BMC, including but not limited to a finding that the proposed amendment complies with the Bozeman growth policy. 18.68.030 PUBLIC HEARING PROCEDURES AND REQUIREMENTS A The Gty Commission, Zoning Conunission and! or Planning Board shall hold one or more public hearings on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity to be heard. Notice of such public hearings shall be provided as required by Olapter 18.76, BMC. B. Any amendment to the text of the title shall be the subject of one or more public hearing(s) before the Gty Commission, after receiving a recommendation from the Zoning Commission and/ or Planning Board as set forth below. C. The public hearings to be heard by the Zoning Commission and/or Planning Board shall be conducted by the bodies specified in this subsection: 1. Any amendment to the text of this title affecting only zoning provisions of this title shall be heard by the Zoning Commission. . 68-1 Any amendment to the text of this title affecting only subdivisions shall be heard by the Planning Board. Any amendment to the text of this title affecting both zoning and subdivision shall be heard as a joint hearing of the Planning Board and Zoning Commission with the president of the Planning Board to preside. When there is a question as to whether an amendment would affect both subdivision and zoning, the public hearing shall be jointly held. 4. Mter such hearing or hearings, the Zoning Commission and! or Planning Board will make reports and recommendations on the petition or initiation to the Gty Commission. D. In the event that there is a question as to whether a proposed text amendment affects both zoning and subdivision, or only one of the subjects, the planning director shall determine which bodies must hold a public hearing. E. Recommendations to the Gty Commission and other official actions by both the Zoning Commission and the Planning Board shall be only be official if made by at least a majority of the membership of the body. 2. 3. 18.68.040 PROTEST TEXT AMENDMENTS In the case of protest against such changes signed by the owners of 25 percent or more of either the area of the lots included in any proposed change, or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of two- thirds of the present and voting members of the Gty Commission. 68-2 . . . . . . CHAPTER 18.70 ZONING MAP AMENDMENTS 18.70.010 INITIATION OF AMENDMENTS AND CHANGES A The Gty Commission may, from time to time, amend, supplement or change the zoning district maps appertaining to this title. An amendment, supplement or change may be initiated by the Gty Commission, Zoning Commission or upon application from an owner of property within the Gty. B. The Gty Commission or Zoning Commission may upon a vote of a majority of its members direct the initiation of an amendment to the zoning map. When either body initiates an amendment, the application shall be signed by the Mayor or Chairman of the Zoning Commission as applicable. C Whenever the property owner of any land or building desires a reclassification on his/her property, they may file with the Planning Department an application requesting an amendment or change of regulations prescribed for such property. Applications for change of district boundaries or reclassification of districts as shown on the Zoning District Map shall be on forms supplied and prepared by the Department. When the application, bearing property owner' signatures, is filed with the Department it shall contain or be accompanied by: 1. All the data and information pertinent to the understanding and judgment of the proposal, as may be prescribed by the Commission for that pmpose so as to assure the fullest practicable presentation of facts for the permanent record; and 2. A notarized statement by at least one of the owners of property within the area proposed to be changed attesting to the troth and correctness of all facts and information presented with the application. D. Whenever an owner of any land within the Gty desires a reclassification on property that they do not own, such as a request to establish a different zoning classification for a block or other group of properties, they may file with the Planning Department on forms provided by the Gty for this pmpose an application duly signed by the owners of no less than 51 percent of either the area of lots or number of lots of the affected property requesting an amendment for such property. When the application, bearing property owners signatures, is filed with the Department it shall contain or be accompanied by: 1. All the data and information pertinent to the understanding and judgment of the proposal, as may be prescribed by the Commission for that pmpose so as to assure the fullest practicable presentation of facts for the permanent record; and 2. A notarized statement by at least one of the owners of property within the area proposed to be changed attesting to the truth and correctness of all facts and information presented with the petition. 3. A application containing less than the required number of signatures shall be considered incomplete and invalid and shall not be processed. 18.70.020 AMENDMENTS AND REZONINGS - INVESTIGATION REQUIREMENTS Upon initiation of an amendment by the Gty Commission, Zoning Commission or upon application from a property owner, the Zoning Commission shall cause to be made an investigation of facts bearing on such initiation or application as will provide necessary information to assure that the action of each such application is consistent with the intent and purpose of this title. Specifically the investigation must address the criteria of ~76-02-304 MC'A which are: 70-1 A B. C D. E. F. G. H I. J. K. L. Consistency with the Gty's growth policy; Lessening of congestion in the streets; Securing safety from fire, panic and other dangers; Promotion of health and the general welfare; Provision of adequate light and air, Prevention of the overcrowding of land; Avoiding undue concentration of population; Facilitating the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; Reasonable consideration to the character of the district; Reasonable consideration to the peculiar suitability of the property for particular uses; Conserving the value of buildings; and Encouraging the most appropriate use of land throughout the municipality. 18.70.030 PUBLIC HEARING PROCEDURES AND REQUIREMENTS A The Gty Commission and Zoning Commission shall hold public hearings on the matters referred to in such application at which parties of interest and citizens shall have an opportunity to be heard. B. The Planning Director shall give public notice as required by Qupter 18.76, BMC C After such hearing or hearings, the Zoning Commission will make reports and recommendations on the application to the Gty Commission. D. After the Zoning Commission has forwarded a recommendation on the amendment to the zoning district map, a public hearing shall be held by the Gty Commission for the pmpose of acting upon the proposed amendment after public notice. 1. In the case of protest against such changes, signed by the owners of 25 percent or more of either the area of the lots included in any proposed change or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of two-thirds of the present and voting members of the Gty Commission. The provisions of subsection 18.70.030.0 include the ability for an applicant to protest a possible decision to adopt a zoning less than originally requested when the applicant meets the same criteria as other affected landowners. 2. If the Gty Commission intends to adopt a zoning designation different than that applied for, the hearing will be continued for a minimum of one week to enable the applicant to consider their options and whether to protest the possible action. In the case of protest against a change to the zoning map by the applicant the same favorable vote of two- thirds of the present and voting members of the Gty Commission is required as for any other protested zoning action. 70-2 . . . . CHAPTER 18.72 SUPPLEMENTARY DOCUMENTS 18.72.010 GENERAL When required, the supplementary documents described in this chapter shall be submitted in draft form with the preliminary plat or plan, and signed and notarized with the final plat or plan. The proper notary block shall be used. 18.72.020 PROPERTY OWNERS ASSOCIATION A. B. 1. 2. . 3. 4. 5. 6. 7. . c. General. If common property is to be deeded to the property owners association or similar organization, of if the property owners association will be responsible for the maintenance of the development's streets, centers, landscaping in street boulevards, parkland or pathways, property owners association bylaws or the declaration of covenants, conditions and restrictions shall be prepared and recorded with the final plat. Bylaws or Covenants. Conditions and Restrictions Contents. The property owners association bylaws or declaration of covenants, conditions and restrictions shall contain the following information: Membership. Automatic and mandatory membership for each property or unit buyer and any subsequent buyer. Common Land/Facilities. The legal description of the common land and a description of common facilities. Enforcement. Persons or entities entitled to enforce the restrictions, responsibilities and payment of assessments, including the City of Bozeman. Perpetual Reservation. Perpetual reservation and limited use of common property. Right to Use. The right of each property or unit owner to use and enjoyment of any common property or facility. Responsibility. Responsibility for liability insurance, any applicable tax assessments and the maintenance of any common property or facilities to be placed in the association. Assessments. A mechanism to assess the common expenses for the land or facilities including upkeep and maintenance expenses, real estate taxes and insurance premiums. Assessments shall require each property or unit owner to pay a pro rata share of the cost of any common expenses, with any assessment charged by the association becoming a lien where necessary on individual parcels. Safeguards against unreasonably high charges and provision to adjust assessments may be provided. 8. A mechanism for resolving disputes among the owners or association members. 9. The conditions and timing of the transfer of ownership and control of land facilities to the association. 10. Any other matter the developer or the City of Bozeman deems appropriate. 11. In the event it becomes necessary for a property owners association to retain an attorney to enforce any of the association bylaws or covenants, conditions and restrictions, then the prevailing party shall be entitled to reasonable attorney's fees and costs. If the property owners association fails to install or maintain improvements according to approved plans, the City may, at its option, complete construction of improvements and/or maintain improvements in compliance with ~18.72.030 and Chapter 18.74, BMC. The City's representative, contractors and engineers shall have the right to enter upon the property and Ordinance # 1709: Effective August 15,2007. page 72~ 1 perform such work, and the property owners association shall permit and secure any additional permission required to enable them to do so. The City shall bill the property owners association . for any costs associated with the installation or maintenance of improvements. 18.72.030 COVENANTS The City of Bozeman may require covenants to be recorded with the final plat when it is determined they are necessary for the protection of the public health, safety and general welfare. All covenants shall be considered to run with the land. If the covenants are not marked or noted on the final subdivision plat, they shall be contained in a separate instrument which shall be recorded with the final plat. The covenants may be required to include, but are not limited to, the following provisions: A. That all county declared noxious weeds will be controlled. B. A section addressing agricultural uses of neighboring properties in the following form: Lot owners and residents 0/ the subdivision are iriformed that aqjacent uses mq)l be agriculturaL Lot owners accept and are aware that standard agricultural and farming practices can result in dus" animal odors and noise, smoke, flies, and machinery noise. J tandard agricultural practices feature the use 0/ heary equipment, chemical .rprqys and the use qf machinery earb in the morning and sometimes late into the evening. C. That all fences bordering agricultural lands shall be maintained by the landowners in accordance with state law. D. The property owners association shall be responsible for the maintenance of subdivision streets, common open space, centers, pathways, landscaping in street boulevards and/or parks. E. That any covenant which is required as a condition of the preliminary plat approval and required by the City Commission may not be amended or revoked without the mutual consent of the owners in accordance with the amendment procedures in the covenants, and the City . Commission. F. The condition and timing of the transfer of the property owners association from developer to the subsequent purchasers. G. Common Area and Facility Maintenance Plan. The developer shall submit a legal instrument setting forth a plan providing for the permanent care and maintenance of common areas and facilities. These common areas and facilities shall include but are not limited to commonly owned open spaces, recreational areas, facilities, private streets and parking lots. These common areas and facilities shall also include but are not limited to public parks, squares, open space, recreation areas, trails, as well as any public streets, avenues and alleys not accepted by the City for maintenance. The same shall be submitted to the City Attorney and shall not be accepted by the City until approved as to legal form and effect. If the common areas are deeded to a property owners association, the applicant shall record the proposed documents governing the association at the time of final plat filing. Such documents shall meet the following requirements: 1. The property owners association must be established before any residences or other properties are sold; 2. Membership in the aSSOClatlOn must be mandatory for each property owner with a specified method of assif,rning voting rights; 3. Open space restrictions must be permanent and not for a period of years; 4. The property owners association must be made responsible for liability insurance, taxes, and maintenance of common facilities; 5. The association must have the power to levy assessments which can become a lien on . individual premises for the purpose of paying the cost of operating and maintaining common facilities; and Ordinance # 1709: Effective August 15,2007. page 72-2 . . . H. 6. The governing board of any such association shall consist of at least five members who shall be owners of property in the development. Common Area and Facility Maintenance Guarantee. In the event the organization or any successor organization established to own and maintain common areas and facilities, shall at any time fail to maintain the common areas or facilities in reasonable order and condition in accordance with the approved plan, the City Commission may cause written notice to be served upon such organization or upon the owners of property in the development. The written notice shall set forth the manner in which the common areas or facilities have failed to be maintained in reasonable condition. In addition, the notice shall include the demand that the deficiencies noted be cured within thirty days thereafter and shall state the date and place of a hearing to be held within fourteen days of the notice. At the time of hearing, the City Commission may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the City may enter upon such common facilities and maintain the same for a period of one year, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. Before the one year period expires, the Commission shall, upon its own initiative or upon written request of the organization theretofore responsible for maintenance, call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the development. At the hearing, the organization responsible for maintenance andlor the residents of the development may show cause why maintenance by the City should not be continued for a succeeding year. If the City Commission determines that it is not necessary for the City to continue such maintenance, the City shall cease such maintenance at the time established by the City Commission. Otherwise the City shall continue maintenance for the next succeeding year subject to a similar hearing and determination at the end of each year thereafter. 1. The cost of maintenance by the City shall be a lien against the common facilities of the development and the private properties within the development. The City Commission shall have the right to make assessments against properties in the development on the same basis that the organization responsible for maintenance of the facilities could make such assessments. Any unpaid assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. The City may further foreclose its lien on the common facility by certifying the same to the County Treasurer for collection as in the case of collection of general property taxes. 2. Should the property owners association request that the City assume permanent responsibility for maintenance of facilities, all facilities shall be brought to City standards prior to the City assuming responsibility. The assumption of responsibility must be by action of the City Commission and all costs to bring facilities to City standards shall be the responsibility of the property owners association. The City may create special financing mechanisms so that those properties within the area affected by the property owners association continue to bear the costs of maintenance. 3. These common areas and facilities shall include but are not limited to commonly owned open spaces, recreational areas, facilities, private streets and parking lots. These common areas and facilities shall also include but are not limited to public parks, squares, open space, recreation areas, trails, as well as any public streets, avenues and alleys not accepted by the City for maintenance. 4. The City shall assume permanent responsibility for maintenance of public areas and facilities when a dedicated funding mechanism is adopted. Ordinance # 1709: Effective .August 15, 2007. page 72-3 1. Guarantee for Open Space Preservation. Open space shown on the approved final plan or plat shaH not be used for the construction of any structures not shown on the final plan. J. Covenants may not contain provisions which inhibit compliance with the requirements of . Chapter 17.02, BMC for those developments subject to Chapter 17.02, BMC. Some examples are: privately required minimum home or lot sizes which can not be met. . . Ordinance # 1709: Effective August 15,2007. page 72-4 . . . CHAPTER 18.74 IMPROVEMENTS AND GUARANTEES 18.74.010 PURPOSE AND APPLICABILITY A. TIlls chapter is to provide standards and procedures relating to the installation of physical improvements and compliance with requirements related to development. As these improvements are necessary to meet requirements of the law and to protect public health, safety and general welfare and other purposes of this title it is also necessary to provide means by which their installation can be assured. Such improvements may include, but are not limited to, design elements such as landscaping, parking facilities, storm drainage facilities, architectural features, pedestrian walkways and public utilities. Furthermore, in some situations it is in the best interest of the person conducting development to be able to guarantee the completion of certain work and be able to begin utilization of a development sooner than would otherwise be possible if all improvements had to be physically installed before use could begin. TIlls chapter therefore has the following purposes: 1. Ensure completion of required improvements or compliance with other requirements of development to an acceptable standard; 2. Provide buyer/lessee protection while allowing a person undertaking development to pro~eed with sales/leases before the project is totally complete, especially multi-phased proJects; 3. Ensure adequate warranty or maintenance, when appropriate, of improvements; 4. Provide for mechanisms to ensure performance of or conformance with conditions of approval or development requirements; and 5. Accomplish the above listed purposes through mechanisms that reduce the need to rely on costly litigation to accomplish those purposes. B. TIlls chapter applies to all subdivisions and site developments as described below. 1. Subdivisions shall install or provide security for installation of improvements prior to final platting as set forth in detail in this chapter. 2. Site developments including, site plans, conditional use permits, planned unit developments, reuses and certificates of appropriateness, shall install improvements or provide security for installation prior to occupancy or commencement of use. 3. The City may determine the nature and timing of required installation of improvements as part of the subdivision or site development process. When necessary to protect the health, safety, and general welfare of the public, and ensure the function and viability of development, certain needed improvements may not be allowed to be financially guaranteed. 18.74.020 STANDARDS FOR IMPROVEMENTS A. General. It shall be the responsibility of the developer to comply with the following procedures and standards for the installation of development improvements. 1. Construction Routes. For all developments, excluding sketch and reuse/ further development, a construction route map shall be provided showing how materials and heavy equipment will travel to and from the site. The route shall avoid, where possible, local or minor collector streets or streets where construction traffic would disrupt neighborhood residential character or pose a threat to public health and safety. Ordinance # 1693: Effective March 24, 2007. page 74.1 2. Protection of Existing Improvements. The developer, his contractors and suppliers shall be jointly and severally responsible to ensure that existing improvements are not damaged or rendered less useful by the operation of the developer, his contractors or suppliers. Such protection of improvements may include requirements for cleaning of vehicles leaving a construction site. This provision is intended to preclude damage to existing roads, streets, water, sewer and drainage systems. The City Engineer may instruct the developer as to the streets or roads to be used for access by construction equipment, and the developer shall be responsible for enforcement of this instruction upon his contractors and their suppliers. The City of Bozeman may require the developer to post a surety to guarantee repair of damages. Improvements to be Dedicated to the Public. 1 Plans and Specifications. Engineering and survey plans, specifications and repons required in connection with public improvements and other elements of the subdivision, or other development required by the City of Bozeman, shall be prepared by a registered engineer and! or a registered land surveyor, licensed in the State of Montana, as their respective licensing laws allow. The plans and specifications shall be prepared in compliance with the City of Bozeman's Design Standards and Specifications Policy. 2. Scope of Work. The intent of these regulations is to provide standards by which the contractor and the developer shall execute their respective responsibilities and guarantee proper construction and completion in every detail of the work in accordance with the plans, specifications and terms set fonh under these regulations. a. The developer shall furnish the plans, specifications and typical sections for approval by the City Engineer. It shall be understood that the work to be done will not necessarily be limited to occurring within the right-of-way boundaries. b. The City Engineer shall have authority to make or cause to be made any reasonable changes, alterations, amendments and additions to the standard specifications for infrastructure improvements. 3. Control of Work. During the course of construction, and at the completion of each phase of the project, the developer's registered civil engineer shall submit a statement that the improvements have been inspected and found to have been constructed in accordance with the approved plans and specifications. Prior to making any changes, the developer's engineer shall notify and receive written approval or disapproval from the City Engineer for any changes in approved plans and specifications. 4. Improvement Procedure. a. Approval of the improvement plans and specifications shall be completed before installation of improvements or the entering into of an agreement where surety is to be provided for the completion of the improvements. b. The procedure for submittal, review and approval of improvement plans and specifications is contained in the City of Bozeman's Design Standards and Specifications Policy, and shall be followed by the developer and! or his contractors. c. After the preliminary plat has received approval or conditional approval, and before the final plat is submitted, the developer shall either install the required improvements or enter into an agreement with the City of Bozeman financially guaranteeing the installation and performance of the improvements. . d After the final site plan is approved, subject to ~18.74.030.C, BMC, and priorto occupancy of any buildings, the developer shall either install the required Ordinance # 1693: Effective March 24, 2007. page 74-2 B. . . . . . c. improvements or enter into an agreement with the City of Bozeman financially guaranteeing the installation and performance of the improvements. 5. Sanitary Facilities. Water supply, sewage disposal and solid waste disposal systems shall meet the minimum standards of the .City of Bozeman and the Montana Depanrnent of Environmental Quality as required by ~76-4-101 through ~76-4-135, MeA, and regulations adopted pursuant thereto, and are subject to the approval of the City of Bozeman. Private Improvements. Improvements shall be constructed as shown on the approved final site plan, final plat, or plans and specifications, as may be applicable. The developer is responsible for coordinating installation with all necessary panies and to restore to its original condition any public improvements or any private improvements or property damaged during installation of pnvate nnprovements. 18.74.030 COMPLETION OF IMPROVEMENTS A. General. The applicant shall provide cenification by the architect, landscape architect, engineer or other applicable professional that all improvements to be dedicated to the public were installed in accordance with the approved site plan, plans and specifications, or plat as applicable. For required private improvements, the applicant shall provide certification by the architect, landscape architect, engineer or other applicable professional that all improvements, including but not limited to, landscaping, ADA accessibility requirements, private infrastructure, or other required elements were installed in accordance with the approved site plan, plans and specifications, or plat as applicable, unless a waiver of certification in whole or part is explicitly approved by the DRC. 1. Improvements to be Dedicated to the Public. Improvements to be dedicated to the public, such as water mains, sewer mains and public streets, shall be installed in accordance with the approved plans and specifications by the developer, and cenified by a registered professional civil engineer, licensed in the state of Montana, and accepted by the City prior to the approval of the final plat, building permit, issuance of a cenificate of occupancy or other identified benchmark as may be appropriate. As-built drawings complying with the City of Bozeman's Design Standards and Specifications Policy, including timing for submittal of materials, shall be provided. a. Public street means a public right-of-way or easement developed to adopted City standards including, but not limited to, the following improvements: curbs, gutters, storm drainage, sidewalks, paving, traffic control signage or equipment, and lighting. 2. Private Improvements and Other Required Improvements. Improvements, such as but not limited to, landscaping, paving or irrigation shall be installed in accordance with the approved preliminary plat or final site plan by the developer and inspected and found to comply with the City standards or requirements prior to the approval of the final plat, issuance of a certificate of occupancy for the building(s) or site, or other identified benchmark as may be appropriate. All improvements required as pan of a subdivision must - be installed and accepted, or financially secured in accordance with an improvements agreement, prior to final plat approval. 3. Improvements Agreement Required. All improvements necessary or required to meet the standards of this title or conditions of approval shall be the subject of an improvements agreement and be guaranteed for final plat approval, occupancy of buildings or other utilization of an approved development is allowed before the improvements are completed and inspected by the City. Ordinance # 1693: Effective March 24, 2007. page 74-3 a. Reservation. The City reserves the right to require actual installation of improvements prior to occupancy when such improvements are necessary to provide for health, safety and welfare or adequate function of systems or onsite development. Completion Time for Subdivisions. 1. All subdivision improvements, including parks, shall be constructed and completed as approved by the City. a. All improvements shall be installed prior to the issuance of a building pennit for any lot within a subdivision unless otherwise provided for in development proposals occurring under the provisions of Chapter 18.36, BMC, Planned Dnit Development (POO), when concurrent construction is an identified purpose of the initial project review, and pursuant to the criteria established in ~18.74.030.D, BMC. The subdivider shall meet one of the following requirements for completion of street improvements. The option SHALL be specified in the preliminary plat submittal. Should the applicant not identify which option is desired option (1) shall be required. Altering the choice of option after approval of the development shall constitute a material modification to the project and require rereview of the project for modification to the approval subject to the provisions of ~18.02.070, BMC. (1) The subdivision streets improvements shall be installed prior to fmal plat approval. This requirement may be modified by the City Engineer for streets where dictated by circumstances, and where acceptable improvement security for the ultimate development of the streets is provided. However, under no circumstances shall the required gravel courses, curbs or gutters be waived. This requirement shall generally not be modified for nonresidential developments; or (2) The subdivider shall enter into an improvements agreement guaranteeing the completion of the paving, curb, gutter, storm drainage, street lighting or other street infrastructure improvements not yet completed. The improvements agreement shall be financially guaranteed, as explained in this chapter. However, at a minimum, the plans and specifications for the street improvements must be approved by the City Engineer prior to final plat approval. Building pennits will not be issued until the street improvements are completed and accepted by the City of Bozeman unless otherwise provided for in development proposals occurring under the provisions of Chapter 18.36, BMC, Planned Dnit Development (POO), and pursuant to the criteria established in ~18.74.030.D, BMC; or (3) The subdivider may request that street improvements be guaranteed by the creation of a special improvements district (SID). If a SID4s formed for the improvements, the SID bonds must be sold before the final plat can be filed. SIDs shall not be pennitted for the installation of subdivision water and sewer improvements. Building pennits will not be issued until the street improvements are completed and accepted by the City of Bozeman unless otherwise provided for in development proposals occurring under the provisions of Chapter 18.36, BMC, Planned Dnit Development (PUD), and pursuant to the criteria established in ~18.74.030.D, BMC. B. b. Ordinance # 1693: Effective March 24, 2007. page 74-4 . . . . . . c. Sidewalks. City standard sidewalks (including a concrete sidewalk section through all private drive approaches) shall be constructed on all public and private street frontages prior to occupancy of any structure on individual lots. Should a subdivider choose not to install all sidewalks prior to final plat, an improvements agreement shall be entered into with the City of Bozeman guaranteeing the completion of all sidewalks within the subdivision within a three~year period The developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of these remaining sidewalk lillprovements. a. The subdivider shall install sidewalks adjacent to public lands, including but not limited to, parks, open space, and the intersection of alleys and streets or street easements. Sidewalks in these areas shall be installed prior to final plat approval, or shall be subject to an approved improvements agreement and financially guaranteed. b. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days, said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. Subdivision Lighting. Subdivision lighting, as required in ~18.42.150, BMC shall be incorporated into all subdivisions by means of one of the following. The option SHALL be specified in the preliminary plat submittal. Should the applicant not identify which option is desired, option b shall be required. Altering the choice of option after approval of the development shall constitute a material modification to the project and require rereview of the project for modification to the approval subject to the provisions of ~18.02.070, BMC. a. The subdivider shall install street and pathway lighting throughout the subdivision in compliance with this section. OR b. The subdivider shall participate in a street improvement lighting district (SILD) for the provision of street and pathway lighting. Prior to final plat approval, subdivision lighting shall be installed, financially guaranteed, or a SILD shall be created and the bonds sold. If the subdivision lighting is financially guaranteed, they shall be considered as part of the required street improvements and building permits shall not be issued until the improvements are installed, unless otherwise provided for in development proposals occurring under the provisions of Chapter 18.36, BMC, Planned Unit Development (POO), and pursuant to the criteria established in ~18.74.030.D, BMC. Completiol1. Time for Site Development. Whenever any building lots and/or building sites are created inside the City limits, and prior to the issuance of any building permits on such lots or sites, municipal water distribution systems, and municipal sanitary sewer collection systems, and streets shall be provided to the site. Each building site must utilize and be connected to both the municipal water distribution and municipal sanitary sewer collection systems. Subject to the provisions of subsection 1 below, these improvements shall be designed, constructed and installed according to the standards and criteria as adopted by the City and approved by both the City Engineer and Water and Sewer Superintendent prior to the issuance of any building pernuts. 2. 3. Ordinance # 1693: Effective March 24, 2007. page 74-5 D. Provision of municipal central water distribution, municipal sanitary sewer collection systems, and streets means that the criteria in either subsection a or subsections b and c are met: a. Water, sewer and street services are installed and accepted by the City with service stubs being extended into the site, with such stubs being of adequate size to provide water and sewer service to the proposed development without modification to publicly owned infrastructure; OR b. The water mains, sewer mains and streets to be extended to provide service to the development are: located within a publicly dedicated right-of~way or easement; constructed to Gty of Bozeman standards; are physically adjacent to the site proposed for construction; are installed and accepted by the City; and are adequate in capacity to provide necessary service to the proposed development; and comply with the requirements of this subsection and subsection c below: c. Water mains, sewer mains and streets shall meet the following requirements. (1) Any required onsite extensions of water mains, sewer mains or streets to be dedicated to the public shall be located entirely within publicly held easements or rights-of-way; shall serve only a single lot; are the subject of an irrevocable offer of dedication to the City upon completion of the project; the development is under the control of a single developer who shall retain control of the entire project until final completion; all work is under the supervision of a single general contractor; and no subdivision of land is involved; (2) The DRC shall determine when the standards of this subsection are met. The Fire Department must consider whether adequate fire protection services are available from existing hydrants, and water supply exists to meet needs during construction. If adequate fire protection does not exist then concurrent infrastructure and building construction may only occur under the provisions of subsection (3) below. Based on evaluation by the Fire Department, simultaneous construction of infrastructure to be dedicated to the public and private construction may be permitted only within a defmed portion of the site; (3) Approval of the final engineering design, including location and grade, for the infrastructure project must be obtained from the Engineering Department, and the Montana Department of Environmental Quality when applicable, prior to issuance of any building permit for the development; and (4) No occupancy, either tempofat}' or final, may be issued until all onsite and offsite water, sewer and street or drive improvements are installed and accepted or approved as applicable by the City. Exception. When municipal water distribution and municipal sanitary sewer collection systems and City streets are being provided to serve a development proposal occuning under the provisions of Chapter 18.36, BMC, Planned Unit Development (PUD), the issuance of a building permit may be allowed prior to completion of the public infrastructure, provided that the following criteria are met: 1. The subject property shall be developed under the provisions of Chapter 18.36, BMC; 2. The subdivider or other developer must enter into an improvements agreement to assure the installation of required infrastructure and other applicable improvements, to be 1. Ordinance # 1693: Effective March 24, 2007. page 74-6 . . . . . a. secured by a financial guarantee in an amount to be detennined by the city, with said guarantee to be in the name of the City; Approval of the final engineering design, including location and grade, for the infrastructure project must be obtained from the EngiI:1eering Department, and the Montana Department of Environmental Quality when applicable, prior to issuance of any building permit for the development; Building permits may be issued incrementally, dependent upon the status of installation of the infrastructure improvements. All building construction within the POO shall cease until required phases of infrastructure improvements as described in the POO have been completed, and inspected and accepted by the City; The subdivider shall provide and maintain fire hazard and liability insurance which shall name the City as an additional insured and such issuance shall not be cancelled without at least forty-five days prior notice to the City. The subdivider shall furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof; The subdivider recognizes, acknowledges and assumes the increased risk of loss because certain public services do not exist at the site; The subdivider shall enter into' an agreement with the City which provides for predetennined infrastructure funding options; No occupancy of any structures or commencement of any use constructed or proposed within the boundaries of the PUD will be allowed until required infrastructure improvements have been completed, and inspected and accepted by the City, and a cenificate of occupancy has been issued; a. No occupancy of structures or commencement of any use shall occur when such action would constitute a safety hazard in the opinion of the City; The subdivider shall enter into an agreement with the City to address the provision of any services on an interim basis during construction, if deemed appropriate; The subdivider shall execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the City, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section; 11. The subdivider shall pay for any extraordinary costs associated with the project which the City may identify, including, but not limited to, additional staff hours to oversee the planning, engineering and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extraordinary administrative costs; and 12. The development shall be under the control of a single developer and 'all work shall be under the supervision of a single general contractor. The developer and general contractor shall agree that there shall be no third-parry builders until required infrastructure improvements have been completed, and inspected and accepted by the City. 13. Subsequent to preliminary plat approval, a Concurrent Construction Plan, addressing all requirements of this section, shall be submitted for review and approval of the Planning Director with a recommendation from the Development Review Committee. Notwithstanding the provisions of Section D above, the City may limit the scope, type and number of projects eligible for simultaneous construction consideration. 3. 4. 5. 6. 7. 8. 9. 10. Ordinance # 1693: Effective March 24,2007. page 74-7 18.74.040 SPECIAL PROVISIONS FOR TIMING OF CERTAIN IMPROVEMENTS A. Park, Pathway, and Boulevard Improvements. 1. These required improvements shall be installed, or subject to an approved improvements agreement and financially guaranteed, prior to final plat approval or occupancy of a building subject to development review, excluding sketch plans. 2. Due to seasonal considerations, building and occupancy permits may be issued prior to installation of these improvements as long as the improvements are subject to an approved improvements agreement and are financially guaranteed. B. Neighborhood Center Improvements. 1. With the exception of neighborhood commercial and civic buildings and their grounds, neighborhood center improvements shall be installed, or subject to an approved improvements agreement and - financially guaranteed, prior to final plat approval. 2. Due to seasonal considerations, building and occupancy permits may be issued prior to installation of improvements related to greens, plazas and squares as long as the improvements are subject to an approved improvements agreement and are financially guaranteed. 18.74.050 ACCEPTANCE OF IMPROVEMENTS A. Improvements Dedicated to the Public. 1. Acceptance of Street, Road, and Bridge Improvements. Before any subdivision street, whether new or existing, can be accepted into the City street system by the City of Bozeman, it shall be built to meet or exceed the required standards. Any improvements made to County roads shall meet or exceed standards set by the County Road Office, and must be reviewed and approved by the County Road Office. Any bridge improvement, within the City or the County, shall meet or exceed standards set by the Montana Department of Transportation, and must: be reviewed and approved by the County Road Office and the City of Bozeman, and accepted by the County Road Office into the County's bridge maintenance system. 2. Acceptance of Water, Sewer, and Storm Drainage Improvements. Before any public water, sewer or storm drainage improvement, whether new or existing, can be accepted into the City system by the City of Bozeman, it shall be built to meet or exceed the required standards. Any improvement, within the City or County, shall meet or exceed standards set by the City of Bozeman, Montana Department of Environmental Quality and County Road Office, and must be reviewed and approved by the City of Bozeman and the County Road Office, as applicable. 3. As-Built Record Drawings. As-built record drawings of all public infrastructure improvements constructed within the City of Bozeman, drawn to the specifications required by the Engineering Department, shall be submitted prior to final plat approval, per ~8.94.3003(3.g), ARM, or other relevant final benchmark for site development. 4. The City may require verification that all liens have been released and payments made prior to accepting dedication of improvements. B. Private Improvements. The DRC and! or ADR or their representative shall conduct an "as- built" inspection to verify compliance and shall sign off on a certificate of occupancy, final plat or other conclusionary action if all terms and details of the approval are complied with. Except as provided for in ~18.74.060 of this chapter, no final plat approval or occupancy shall be permitted, or certificate of occupancy issued, unless the terms and details of an approved plat, Ordinance # 1693: Effective March 24,2007. page 74-8 . . . site or sketch plan are met. Prior to grant of occupancy, the developer shall certify the completion of the improvements as required in ~18.74.030.A, BMC. . 18.74.060 IMPROVEMENTS AGREEMENTS A. Required When. 1. When occupancy of a development subject to zoning review will commence prior to completion of all required site improvements, generally excluding sketch plans; or When a subdivision is to be granted final plat approval prior to the completion of all required improvements, the applicant shall enter into an improvements agreement with the City. At the discretion of the Planning Director, certain projects receiving a certificate of appropriateness may be required to enter into an improvements agreement with the City at the time of final approval of the certificate of appropriateness. If an improvements agreement is used to guarantee the completion of required improvements, including infrastructure, it may allow for the staged installation of improvements in defined areas and in accordance with an approved time schedule. At the City's discretion, the improvements in a prior increment may be required to be completed or the payment or guarantee of payment for costs of the improvements incurred in a prior increment must be satisfied before development of future increments. 1. If an improvements agreement is filed with the final subdivision plat to secure infrastructure improvements, a separate document shall be filed with the final plat that clearly states that building permits will not be issued until all water, sewer, storm drainage infrastructure and streets are installed and accepted. This requirement may be modified by the City Engineer for streets where dictated by circumstances, and where acceptable improvement security for the ultimate development of the streets is provided. However, under no circumstances shall the required gravel courses, curbs or gutters be waived This requirement shall generally not be modified for nonresidential developments. No building permits will be issued for a subdivision within the City until all required water, sewer, storm drainage and street gravel courses are installed and accepted unless otherwise provided for in development proposals occurring under the provisions of Chapter 18.36, BMC, Planned Unit Development (PUD), and pursuant to the criteria established in ~18.74.030.D, BMC. Standards for Improvements Agreements. 1. All Agreements. All improvements agreements shall meet the following standards: a. The agreement and security shall be satisfactory to the City Attorney as to form and manner of execution; Detailed cost estimates and construction plans of all required on-site and off~site improvements shall be made a part of the agreement; Provide for security in the amount equal to 150 percent of the estimated cost of the improvements to be secured if the agreement is to be activated; The term for the security referenced in section c above shall be not less than the length of time of the improvements agreement; The agreement shall provide for the City to claim the guarantee by certifying that the developer is in default of the performance to be secured; Requests for partial release of security shall only be in amounts such that the security will always equal 150 percent of the value of the remaining uncompleted 2. 3. B. . c. b. c. d. d . e. Ordinance # 1693: Effective March 24, 2007. page 74-9 2. work, and such that not more than 90 percent of the security is released prior to completion of all improvements. The City may take into account the location and scope of development phases in evaluating requests to reduce the amount of a financial guarantee. The City may require verification that all liens have been released and payments made prior to releasing a portion of the security; f. Shall provide for the City to require a replacement security in the event the issuer of the security becomes insolvent, enters receivership, or otherwise gives cause for the City to lack confidence in the ability of the issuer to honor the security; g. Shall permit the City in the event of default by the developer to include in the costs to be recovered from the security those costs resulting from the need to call in the security, including but not limited to costs for the City Attorney's time; and h. The financial security shall be placed in the keeping of the City Treasurer. Subdivisions. Improvements agreements for subdivisions shall meet the following standards in addition to those listed in subsection C.1 above: a. The length of time of the agreement shall not exceed 1 year from the date of final plat approval. The agreement shall stipulate the time schedule the subdivider proposes for accomplishing the required improvements; b. The estimated cost of improvements shall be provided by the subdivider's professional engineer. The City Engineer has the discretion to require a second estimate of the cost of improvements, with the cost of obtaining the second estimate borne by the subdivider. The agreement shall stipulate which type of security arrangements will be used; c. Security for improvements for internal subdivision streets, water, storm drainage and sewer mains, shall be reduced only upon recommendation of the City Engineer; d Security for improvements other than internal subdivision streets, water, storm drainage and sewer mains, shall be reduced only upon recommendation of the City Engineer and approval by the City Commission, upon request by the subdivider; e. The improvements agreement shall be filed with the final plat; and f. The security provided shall be a fmancial security valid for eighteen months. Site Development. Improvements agreements for developments other than subdivisions shall meet the following standards in addition to those listed in subsection C.1 above: a. If occupancy of the structure or commencement of the use is to occur prior to installation of the required improvements, the installation of those improvements must be secured in conformance with the requirements of this chapter; b. The length of time of the agreement and method of security shall not be less than twelve months; c. All secured improvements must be completed by the developer within nine months of occupancy or the security shall be forfeited to the City for the purpose of installing or contracting for the installation of the required Improvements; d. At the Planning Director's discretion, a developer may be permitted to extend the manner of security, in general for a period not to exceed 1 additional year. 3. Ordinance # 1693: Effective March 24, 2007. page 74-10 . . . . .D. . E. Factors such as, but not limited to, progress of installation achieved to date and phasing of projects may be considered; e. The DRC and/or ADR shall determine which, if any, of the required improvements must be installed prior to occupancy, regardless of the use of a secured improvements agreement. Such determination shall be based on a finding that unsafe or hazardous conditions will be created or perpetuated without the installation of certain improvements or that the property will have an unacceptable adverse impact on adjoining properties until such improvements are installed; (1) Items include but are not limited to walkways and signage necessary for ADA compliance, parking surfaces adequate to meet the needs of the uses to be conducted during the term of the improvements agreement, or matters related to life safety are required to be installed prior to any occupancy; and f. When all provisions are met for occupancy of a facility or commencement of a use prior to the installation of all improvements, and adequate security has been provided in accordance with the terms of an improvements agreement, the building official may issue a temporary certificate of occupancy which allows occupancy of the facility on a temporary basis for a period not to exceed nine months. When all required improvements are installed in compliance with all terms and details of the site or sketch plan approval, the temporary occupancy permit shall be withdrawn and a permanent certificate of occupancy shall be issued according to the provisions of this chapter. Notwithstanding the provisions of this section, the City may limit the scope, type and number of improvements eligible for being secured by an improvements agreement and require installation prior to final plat approval, issuance of building permits, occupancy or other similar actions. The Planning Director shall be responsible to sign improvements agreements on behalf of the City. When an improvements agreement is used to allow the filing of a fmal plat prior to the completion of infrastructure, a notice of improvements agreement shall be recorded along with the plat which indicates that certain infrastructure work is still not complete and identifying that work When the work has been completed and is accepted by the City as complete, the City shall record a notice of completion stating that the work that was the subject of the improvements agreement is complete. F. 18.74.070 PAYMENT FOR EXTENSION OF CAPITAL FACILITIES The City of Bozeman may require a subdivider or other site developer to payor guarantee payment for part or all of the costs of extending capital facilities related to public health and safety, including but not limited to public roads or streets, sewer mains, water supply mains and stormwater facilities for a subdivision. The costs must reasonably reflect the expected impacts directly attributable to, the subdivision. The city may not require a subdivider or other site developer to payor guarantee payment for part or all of the costs of constructing or extending capital facilities related to education. 18.74.080 TYPES OF ACCEPTABLE SECURITIES A. Financial Securities. A variety of means of providing for the security of improvements agreements, ensuring adequate maintenance of required improvements and ensuring compliance with conditions of approval for various developments may be allowed One or more of the following instruments may be used to provide a financial security for improvements to be Ordinance # 1693: Effective March 24,2007. page 74-11 B. completed. The method, terms and amount of security must be acceptable to the City. Financial security is the primary method to provide security for installation of physical improvements. 1. Direct payment of cash to the City; 2. Irrevocable letters of credit; 3. Cash escrows held by the City, or held by an approved escrow agent and subject to an executed escrow agreement; or 4. Performance bonds, in limited circumstances and subject to approval by the City Attorney. Nonfinancial Securities. In addition to the possible financial securities listed above, the following nonfinancial securities may be used to ensure compliance with conditions of approval, ensure maintenance of required improvements and coordinate timing of development. When deemed appropriate, the City may use nonfinancial security methods in combination with a financial security method. 1. Granting of final permits; 2. Sequential approval of multi-phased projects, with subsequent phases to not receive approval until prior approved phases have complied with all requirements; 3. Formation of a special improvement or maintenance district. This method shall not be considered completed until after all final actions have occurred and the district is in existence and the bonds sold; 4. Establishment of a propeny owners association with City enforceable duties to maintain cenam unprovements; 5. Irrevocable offer of dedication of improvements to be dedicated to the public after completion of the project; and 6. Recording of a special restrictive covenant or deed restriction which may only be released by written agreement of the City. 18.74.090 DEVELOPMENT OR MAINTENANCE OF COMMON AREAS AND FACILITIES BY DEVELOPER OR PROPERTY OWNERS ASSOCIATION A. General. For the purposes of this section, "common areas and facilities" include: 1. Public and! or private parkland; 2. Boulevard strips in public rights-of-way along external subdivision streets and adjacent to parks and! or open space; 3. Common open space; 4. Neighborhood centers (except for neighborhood commercial and civic uses and their grounds); and 5. Pathways. Development. If common areas or facilities will be developed by the subdivider or by a property owners association, a development plan shall be submitted with the preliminary plat application for review and approval. The development plan shall be reviewed and approved by the City prior to the installation of improvements in common areas or the installation of common facilities. An approved park master plan would satisfy this requirement. 1. Landscaping. When landscaping will be installed in parkland, boulevard strips or common open space, the development plan shall be accompanied by a landscaping plan that was prepared by a qualified landscaping professional. When landscaping in B. Ordinance # 1693: Effective March 24,2007. page 74-12 . . . . . . common areas is installed by the subdivider, the subdivider shall warrant against defects in these improvements for a period of two years from the date of installation of the landscaping. 2. Tree Permits. If trees will be planted in dedicated City parkland or boulevard strips, tree planting permits shall be obtained from the Foresuy Department. C. Maintenance. When common areas or facilities will be maintained by the subdivider or by a property owners association, a maintenance plan that complies with ~18.72.040, BMC shall be submitted with the preliminary plat application for review and approval. The maintenance plan shall include a maintenance schedule, and a mechanism to assess and enforce the common expenses for the common area or facility. The maintenance plan shall be included in the subdivision covenants. The developer shall provide all necessary maintenance until the improvements are transferred to the City, a property owners association, or other final custodian. The provisions of ~18.72.040.B, BMC apply to this section. 1. Landscaping Warranty. Any required or proposed landscaping must be maintained in a healthy, growing condition at all times. Any plant that dies must be replaced with another living plant that complies with the approved landscape plan. 2. Shade Tree Maintenance. The Forestry Department shall be responsible for the maintenance of shade trees in all City rights-of-way and on City property, including parks. 18.74.100 WARRANtY All publicly dedicated improvements shall be subject to a warranty of duration and scope to meet the City of Bozeman's Design Standards and Specifications Manual. Ordinance # 1693: Effective March 24, 2007. page 74-13 .~-- . . . CHAPTER 18.76 NOTICING 18.76.010 PURPOSE It is the intent of this chapter to provide for adequate notice of governmental actions to those affected by such actions. Notice is required in order for citizens to participate in decision making which affects their interests and provides opportunity to receive information pertinent to an application that would not otherwise be available to the decision maker. In establishing standards for providing such notice, the need for expeditious processing of applications is also recognized. 18.76.020 CONTENTS OF NOTICE A. The following elements shall be included in notices issued pursuant to this title: 1. Address of the property, or its location by approximate distances from the nearest major street intersections, or other description to identify the affected property; 2. Legal description of the property; 3. The name and address of the applicant; 4. The name and address of the owner of record; 5. The number, date, time and place of all relevant scheduled public hearings by the City Commission, Board of Adjustment, Planning Board or Zoning Commission, meetings of other review bodies established by this title at which final decisions shall be made, or the date of any final public comment deadline; 6. A description of how and where additional information regarding the action may be obtained; and 7. A brief description of the subject of the notice. B. The following additional elements shall be included in all notices required for site plans, master site plans, certificates of appropriateness, conditional use permits, planned unit developments, deviations, variances and subdivisions: 1. A map of the area in question so as to indicate its general location and proximity to surrounding properties; and 2. A reference to the appeals process for this title for notices regarding projects where the Board of Adjustment or City Commission will not be making the final decision. C. The following additional elements shall be included in all notices required for text amendments to this title: 1. A summaI)' explanation of the intent of the change, with reference to the exact text being available for public review. D. The applicant shall provide for the purposes of noticing a list of names and addresses of property owners within 200 feet of the site, using the most current known property owners of record as shown in the records of the County Clerk and Recorder's Office and stamped, unsealed envelopes (with no retwu address) addressed with names of above property owners, and/ or labels with the names of the above property owners, as specified on the appropriate application. 18.76.030 NOTICE REQUIREMENTS FOR APPLICATION PROCESSING A. The following minimum standards for timing, location of noticing area and type of notice shall be provided. Noticing provisions are cumulative with the maximum combination of noticing Ordinance # 1693: Effective March 24,2007. page 76-1 B. requirements being provided. When more than one newspaper notice is required, only one of the required publication dates must fall within the minimum and maximum days required. If for some reason a required property owner fails to receive mail notification of a scheduled public hearing, or if one or more of the required posted signs in the area or on the site for which the public hearing is being held is inadvertently moved through no fault of the City, this in no way shall invalidate the legal notice requirements of the scheduled public hearing. Notice may also be provided to property owners in any additional area that may be substantially impacted by the proposed change or use as determined by the Planning Director. Table 76-1 c. Minimum Maximum Application Days12 Daysl2 Distancel Notice Type Text Amendment 15 45 NA Newspaper once ZMA2 Newspaper once, post on-site, 15 45 200 mail 1 st class ZMA 2 - Re~ulting from ordinance changes 15 45 None Newspaper once ZMA2_ Annexation w/ initial zoning Newspaper once, post on-site, 15 45 None mail 1 st class Newspaper once (zoning 2 Variance - floodplain, zoning, and times), post on-site, mail 1st subdivision 15 45 200 class Public Agency Exemption 15 45 None Newspaper 2 times Newspaper 2 times, post on- Deviation 15 45 200 site, mail 1 st class Appeals3 2003 Newspaper 2 times, post on- 15 45 site, mail 1st class Sketch Plan/Reuse/Change in Use/Further Development None None None None Sketch Plan 4 15 45 None Post on-site Informal/Concept Plan None None None None Preliminary Site Plan or Master Site Plan 15 45 200 Post on-site, mail 1st class Preliminary PUD5 Newspaper 2 times, post on- 15 45 200 site, mail 1st class Preliminary cup6 Newspaper 2 times, post on- 15 45 200 site, mail 1 st class Floodplain Permit 15 45 200 Newspaper, mail 1st class CDA7 None None None None Final Site plan None None None None Final PUD Plan None None None None Final CUP plan None None None None Subdivision Exemption None None None None 1 st Minor Subdivision without variance- Preliminary Plat 15 45 200 Mail 1st class 1st Minor Subdivision with variance/2nd 8 . Minor/Major Subdivision - Preliminary Newspaper, post on-SIte, Plat 15 (Planning Board) 45(Ommissirn) 200 mail 1st class9, certified maillo Final Plat None None None None 11 Post on-site, certified mail to Notice of Violation 15 45 None landowner 1 The distance frrm the exterior property lxxmdmy of the site to all or pan of arotlxr ptrrri. of land 11ix>se mmers must l:e notifiai of a ~ action. This distam:e i:ndudes thewidJh of aright -</ -way or otlxr puJiic mm?YShip. 2Zone Map A11U:J1iJnent, C1Japter 18.70, BMC Ordinance # 1693: Effective March 24, 2007. page 76-2 . . . 3 POsting and mailing only applies to appeds taken /rr:m actions to apfJrUlR, apfJTUlR wi1h wnditions ar deny a deuioJment prufXJsal and not to appeds of administratire interpretations . 4 Skeu:h plans far adding dudlings in tk neippbJrlxxxi WI1SeI'U11ion 0'I>>'fq distrV:t, dtmolilion of ronbibuting st:ructures in tk neighixmxxxl wnsen.ution 0'I>>'fq district, ar rnaIijuuJion of'1.a1iands. 'P!anmi Unit ~ ClJapter 18.36, BMC 6C1Jnditional Use Pennit, Oxtpter 18.34, BMC lCertifU:a1eof Appropriateness, Oxtpters 18.28 and 18.30, BMC 8Wh;n newspaper notia! is requiml tk notia! shall k puJiished in a newspaper of wreral cirrulation. Wail by 1" class to alllamhr.mers ui1hin 200 fret except rmse subjta to certified mail. IO(Rrtijiai mail must k SOU to rr:wrdai purd?asers under contract far dad in addition to mmers of physirally rontiguous jmJfX?rty and tk suhiivider. II NotimofViol:uionsubjmto~18.64.150.E, BMC 12 Days prior to tk dose of tk puHic amrm1 p?riod ar puJiic Jxaring unless o/krwise spxijiai in this title. 18.76.040 NOTICE OF CITY APPROVAL WITHIN NEIGHBORHOOD CONSERVATION AND ENTRYWAY OVERLAY DISTRICTS In order to inform adjacent property owners and residents that an application within an overlay district has been approved by the City, any site approved for construction or alterations within an overlay district shall be posted with a notice supplied by the Planning Department. The notice shall be posted in a conspicuous place on the site before any construction begins and may be removed when the project is substantially complete. The notice shall specify the name of the owner of record, the address of the property, a description of the scope of work approved and the date of City approval. . . Ordinance # 1693: Effective March 24, 2007. page 76-3 . . . CHAPTER 18.78 SUBMITTAL MATERIALS AND REQUIREMENTS 18.78.010 GENERAL All applications and supplemental material, including all copies of plats and site development plans, shall be bound and folded into complete 81!2- by 11-inch or 81/2- by 14-inch sets ready for distribution. All plats shall be on one or more sheets either '18- by 24-inches or 24- by 36-inches in size, and shall be folded and included in the bound submittal. A digital (pDF) copy of the entire submittal (applications, supplemental material, plat and plans) shall be provided as required. 18.78.020 STREAMBED, STREAMBANKAND!OR WETLANDS PERMITS The developer shall provide the Planning Department with a copy of all required streambed, streambank or wetlands permits, or written notification from the appropriate agency that a permit is not required, prior to the commencement of any work on the site and! or final plat approval, whichever is sooner. These permits include, but are not limited to: A. Montana Stream Protection Act (SPA 124 Permit). Administered by the Habitat Protection Bureau, Fisheries Division, Montana Fish, Wildlife and Parks B. Stormwater Discharge General Permit. Administered by the Water Quality Bureau, Montana Department of Environmental Quality C. Montana Natural Streambed and Land Preservation Act (310 Permit). Administered by the Board of Supervisors, Gallatin Conservation District D. Montana Floodplain and Floodway Management Act (Floodplain Development Permit). Administered by the City of Bozeman, Engineering Department E. Federal Clean Water Act (404 Permit). Administered by the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency F. Federal Rivers and Harbors Act (Section 10 Permit). Administered by the U.S. Army Corps of Engineers G. Short-term Water Quality Standard for Turbidity (318 Authorization). Administered by Montana Department of Environmental Quality H. Montana Land-Use License or Easement on Navigable Waters. Administered by the Montana Department of Natural Resources and Conservation 1. Montana Water lJse Act (Water Right Permit and Change Authorization). Administered by the Water Rights Bureau, Montana Department of Natural Resources and Conservation 18.78.030 SUBDIVISION PRE-APPLICATION PLAN The pre-application plan may be a freehand sketch, legibly drawn, showing approximate boundaries, dimensions, areas and distances. The plan may be drawn directly on a print of a topobrraphic survey required for the preliminary plat and shall include: A. Sketch Map. A sketch map showing: 1. The names of adjoining subdivisions and numbers of adjoining certificates of survey, along with adjacent lot and tract lines. 2. Location, name, width and owner of existing or proposed streets, roads and easements within the proposed subdivision; existing streets, roads and easements within adjacent subdivisions and tracts; and the name of street or road that provides access from the nearest public street or road to the proposed subdivision. Ordinance # 1709: Effective August 15, Z007. page 78-1 1. ]. B. 3. Location of all existing structures, including buildings, railroads, powerlines towers, and improvements inside and within 100 feet of the proposed subdivision. 4. Zoning classification within the proposed subdivision and adjacent to it. The zoning proposed for the subdivision, if a change is contemplated. Topographic Features. Topographic features of the proposed subdivision and adjacent subdivisions and tracts, including: 1. A current U.S. Geological Survey topographic map at the largest scale available with the subdivision clearly outlined. 2. Embankments, water courses, drainage channels, areas of seasonal water ponding, areas within the designated floodway, marsh areas, wetlands, rock outcrops, wooded areas, noxious weeds and areas of active faults. Include copies of any permits listed in ~18.78.020, BMC that have been obtained for the project. Utilities. The existing and proposed utilities located on and adjacent to the proposed subdivision including: 1. Location, size and depth of sanitary and storm sewers, water mains and gas lines. 2. Location of fire hydrants, electric lines, telephone lines, sewage and water treatment, and storage facilities. Subdivision Layout. The proposed layout of the subdivision showing the approximate: 1. Subdivision block, tract, and lot boundary jines, with numbers, dimensions, and areas for each block, tract and lot. 2. Street location, right~of-way width, and name. 3. Easement location, width and purpose. 4. Sites to be dedicated or reserved as park, common open space or other public areas, with boundaries, dimensions and areas. 5. Sites for commercial centers, churches, schools, industrial areas, condominiums, manufactured housing community and uses other than single-household residences. Development Plan. An overall development plan indicating future development of the remainder of the tract, if the tract is to be developed in phases. Name and Location. A title block indicating the proposed name, quarter-sectIon, seCtlon, township, range, principal meridian and county of subdivision. Notations. Scale, north arrow, name and addresses of owners and developers, and date of preparation. Variances. A list of variance requests which will be submitted with the application for preliminary plat application. Waivers. List of waivers requested from the requirements of ~18.78.060, BMC shall be submitted with the preapplication. The DRC shall be responsible for granting waivers, and the Planning Department staff shall notify the developer in writing of any waivers granted from ~18.78.060, BMC after the preapplication meeting or plan review. Parks and Recreation Facilities. The following information shall be provided for all land proposed to meet parkland dedication requirements: 1. Park concept plan, including: a. Site plan for the entire property; b. The zoning and ownership for adjacent properties; c. D. E. F. G. H. Ordinance # 1709: Effective August 15, 2007. page 78-2 . . . K. L. c. The location of any critical lands (wedands, riparian areas, streams, etc.); d. General description of land, including size, terrain, details of location and history, and proposed activities; and e. Description of trails or other recreational features proposed to connect the proposed park area to other park or open space areas. Digital (pDF) copy of entire submittal. Affordable Housing. Describe how the subdivision proposes to satisfy the requirements of Title 17 Chapter 2, BMC. . 18.78.040 SUBDIVISION PRELIMINARY PLAT The preliminary plat shall be legibly drawn at a horizontal scale no smaller than 100 feet to the inch, and may show approximate boundaries, dimensions, distances and areas, unless specifically noted. The plat shall be on one or more sheets of 18- by 24-inch or 24- by 36-inch paper. Where accurate information is required, surveying and engineering data shall be prepared under the supervision of a registered engineer or registered land surveyor, licensed in the State of Montana, as their respective licensing laws allow. The plat submittal shall include the following: A. Pre-application Information. All information required with the pre-application plan, as outlined in ~18.78.030, BMC. . Subdivision Information. Name and location of the subdivision, scale, scale bar, north arrow, date of preparation, lots and blocks (designated by number), the dimensions and area of each lot, and the use of each lot, if other than for single-household. Streets, Roads and Grades. All streets, roads, alleys, avenues, highways and easements; the width of the right-of-way, b'Tades and curvature of each; existing and proposed road and street names; and proposed location of intersections for any subdivision requiring access to arterial or collector streets. D. Adjoining Subclivisions. The names of adjoining platted subdivisions and numbers of adjoining certificates of survey. E. Adjoining Owners. Names and addresses of record owners of lots and tracts immediately adjoining the proposed subdivision. F. Perimeter Survey. An approximate survey of the exterior boundaries of the platted tract with bearings, distances, and curve data indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline or a body of water, the bearings and distances of a closing meander traverse shall be given. G. Section Corner. The approximate location of all section corners or legal subclivision corners of sections pertinent to the subdivision boundary. H. Phased Improvements. If the improvements required are to be completed in phases after the final plat is flied, the approximate area of each phase shall be shown on the plat. 1. Contours. Ground contours shall be provided for the tract according to the following reqUIrements: c. B. Table 78-1 . Where the average slope is: Contour intervals shall be: Under 10 percent 2 feet (jf all lots are over one acre in size, five feet intervals may be used) Between 1 0 and 15 percent 5 feet Greater than 15 percent 1 0 feet Ordinance # 1709: Effective August 15, 2007. page 78-3 F. G. J. Waivers. List of waivers granted from the requirements of ~18.78.070, BMC during the preapplication process shall be submitted with the preliminary plat application. K. Request for Exemption from Department of Environmental Quality Review. If the developer is . proposing to request an exemption from the Department of Environmental Quality for infrastructure plan and specification review, the preliminary plat application shall include a written request from the developer's professional engineer, licensed in the State of Montana, that indicates the intent to request the exemption, and details the extent of water, sewer and stormwater infrastructure that will be completed prior to final plat approval. A detailed preliminary stormwater drainage plan must also be submitted with the written request 18.78.050 PRELIMINARY PLAT SUPPLEMENTS REQUIRED FOR ALL SUBDIVISIONS The following supplemental information shall be submitted with the preliminary plat. A. Area Map. A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads. B. Subdivision Map. Map of entire subdivision on an 8112" x 11", 8%" x 14", or 11" x 17" sheet. C. Variances. A written statement describing any requested subdivision variance(s) and the facts of hardship upon which the request is based (refer to Chapter 18.66, BMC). D. Property Owners. A certified list of adjoining property owners, their mailing addresses and property description, including property owners across public rights~of~way and/or easements. The names and addresses shall also be provided on self-adhesive mailing labels, one set of labels for first minor subdivisions or subdivisions eligible for summary review, and three sets of labels for all other subdivisions. Documents and Certificates. Draft copy of the following documents, and certificates to be . printed on or to accompany the preliminary plat: 1. Covenants, restrictions and articles of incorporation for the property owners association. 2. Encroachment permits or a letter indicating intention to issue a permit where new streets, easements, rights-of-way or driveways intersect state, county or city highways, streets or roads. E. H. 3. A letter of approval or preliminary approval from the City of Bozeman where a zoning change is necessary. 4. A draft of such other appropriate certificates. 5. Provision for maintenance of all streets (including emergency access), parks, and other required improvements if not dedicated to the public, or if private. Street Profile Sheets. Pro me sheets for street grades greater than 5 percent. Application and Fee. Completed preliminary plat application form, with the original si61flatures of all owners of record or their authorized representatives, and the required review fee. If an authorized representative si61flS on behalf of an owner of record, a copy of the authorization shall be provided. Noxious Weed Management and Revegetation Plan. Noxious weeds shall be controlled in all developments as directed by the County Weed Control District (district) in accordance with the Montana County Noxious Weed Control Act (~7-22-21, MeA). The developer shall have any noxious weeds identified and their location mapped by a person with experience in weed management and knowledgeable in weed identification. A noxious weed management and . revegetation plan approved by the district for control of noxious weeds shall be submitted with the preliminary plat application. This plan shall ensure the control of noxious weeds upon Ordinance # 1709: Effective August 15, 2007. page 78-4 B. preliminary plat approval and the revegetation of any land disturbed during the construction of subdivision improvements. 1. Sanitation Information. When the subdivision does not qualify for the certification established in ~18.06.050, BMC, the subdivider shall provide the information regarding sanitation set forth in ~76-3-622, MCA. 18.78.060 ADDITIONAL SUBDIVISION PRELIMINARY PLAT SUPPLEMENTS The following list ofpreliminary plat application supplements shall also be provided for all subdivisions unless waived by the Development Review Committee during the pre-application process. The developer shall include documentation of any waivers granted by the City after the pre-application meeting or plan review. Additional relevant and reasonable information may be required to adequately assess whether the proposed subdivision complies with this title and the Montana Subdivision and Platting Act. The need for additional information shall be determined during the pre-application process. A. Surface Water. 1. Mapping. Locate on a plat overlay or sketch map all surface waters and the delineated floodplain which may affect or be affected by the proposed subdivision including: a. Natural water systems such as natural streams, creeks, stream/ditches, drainages, waterways, gullies, ravines or washes in which water flows either continuously or intermittently and has a definite channel, bed and banks. b. Artificial water systems such as canals, ditches, ditch/streams, aqueducts, reservoirs, irrigation or drainage systems. 2. Description. Describe all surface waters which may affect or be affected by the proposed subdivision including name, approximate size, present use and time of year when water is present. a. Describe proximity of proposed construction (such as buildings, sewer systems, streets) to surface waters. 3. Water Body Alteration. Describe any existing or proposed streambank or shoreline alterations or any proposed construction or modification of lake beds, watercourses or irrigation ditches. Provide information on location, extent, type and purpose of alteration. Provide a revised floodplain analysis report, in compliance with Chapter 18.58, BMC, as appropriate. 4. Wetlands. If the subdivision contains wetlands, as defined in Chapter 18.80 of this title, then a delineation of the wetland(s) shall be shown on the preliminary and final plats. 5. Permits. Include copies of any permits listed in ~18.78.020, BMC that have been obtained for the project. Floodplains. A floodplain analysis report shall be submitted with the preliminary plat in compliance with Chapter 18.58 of this title. Groundwater. . . c. 1. Depth. Establish the seasonal minimum and maximum depth to the water table, dates on which these depths were determined, and the location and depth of all known aquifers which may be affected by the proposed subdivision. The high water table shall be determined from tests taken during the period of major concern as specified in writing by the County Environmental Health Department. Specific locations for tcst holes may also be determined by the County Environmental Health Department. . Ordinance # 1709: Effective August 15, 2007. page n-5 2. Steps to Avoid Degradation. Describe any steps necessary to avoid the degradation of groundwater and groundwater recharge areas. D. Geology - Soils - Slopes. . 1. Geologic Hazards. Identify geologic hazards affecting the proposed subdivision which could result in property damage or personal injury due to rock falls or slides; landslides, mud or snow; surface subsidence (i.e., settling or sinking); or seismic activity. 2. Protective Measures. Explain what measures will be taken to prevent or materially lessen the danger of future property damage or injury due to any of the hazards. referred to above. 3. Unusual Features. Provide a statement describing any unusual soil, topographic or geologic conditions on the property which limit the capability for building or excavation using ordinary and reasonable construction techniques. The statement should address conditions such as shallow bedrock, high water table, unstable or expansive soil conditions, and slope. On a map, identify any slopes in excess of 15 percent grade. 4. Soils Map. The subdivision shall be overlaid on the Gallatin County Soil Survey maps obtained from the Natural Resource and Conservation Service (NRCS). The maps are 1:24,000 in scale. These maps may be copied without permission. However, enlargement of these maps could cause misunderstanding of the detail of mapping. Soils were mapped using a minimum delineation of five acres, and these soils reports were intended to alert developers to possible problems and the need for a more detailed on- site investigation. The developer shall provide the following soil reports, which can be obtained from the NRCS: The physical properties and engineering indexes for each soil type; Soil limitations for building and site development, and water features for each soil type; Hydric soils report for each soil type. If hydric soils are present, the developer shall provide a wetlands investigation by a certified consultant, using the Federa] Manual for Identifying and Delineating Jurisdictional Wetlands Oanuary, 1987); and d. The developer shall provide any special design methods planned to overcome the above limitations. a. . b. c. 5. Cuts and Fills. Describe the location and amount of any cut or fill three or more feet in depth. These cuts and fills should be indicated on a plat overlay or sketch map. Where cuts or fills are necessary, describe any plans to prevent erosion and to promote revegetation such as replacement of topsoil and grading. E Vegetation. 1. Vegetation Map. On a plat overlay or sketch map: a. Indicate the distribution of the major vegetation types such as marsh, grassland, shrub, coniferous forest, deciduous forest or mixed forest. b. Identify critical plant communities such as stream bank or shoreline vegetation; vegetation on steep, unstable slopes; and vegetation on soils highly susceptible to wind or water erosion. 2. Protective Measures. Describe measures to preserve trees and critical plant communities (e.g., design and location of streets, lots and open spaces). . Ordinance # 1709: Effective August 15, 2007. page 78-6 Species. Describe species of fish and wildlife which use the area affected by the proposed subdivision. Critical Areas. Identify on a plat overlay or sketch map of the proposed subdivision any known critical, significant or "key" wildlife areas, such as big game winter range, waterfowl nesting areas, habitat for rare or endangered species or wetlands. Pets/Human Activity. Describe the expected effects of pets and human activity on wildlife. 4. Public Access. Describe the effects on public access to public lands, trails, hunting or fishing areas. S. Protective Measures. Describe any proposed measures to protect or enhance wildlife habitat or to minimize degradation (e.g., keeping building and streets back from shorelines, setting aside marshland as undeveloped open space). 6. The developer shall discuss the impact of the proposed development on fish and wildlife with the Montana Department of Fish, Wildlife and Parks (FWP). With the preliminary plat, the developer shall provide written documentation from FWP that: a. Verifies that FWP has reviewed the proposed plat; b. Lists any FWP recommendations; and c. Outlines any mitigation planned to overcome any adverse impacts. G. Historical Features. P. Wildlife. . . H. . 1. 2. 3. 1. Affected Areas. Describe and locate on a plat overlay or sketch map any known or possible historic, paleontological, archeological, or cultural sites, structures, or objects which may be affected by the proposed subdivision. Protective Measures. Describe any plans to protect such sites or properties. Describe procedures to be followed if any historic, paleontological, archeological, cultural sites, structures or object are found on site during site preparation and construction. 2. 3. 4. The developer shall discuss the impact of the proposed development on any historic features, and the need for inventory, study and/or preservation with the State Historic Preservation Office (SHPO). The developer shall provide written documentation from SHPO that: a. Verifies that SHPO has reviewed the proposed plat; b. Lists any SHPO recommendations; c. Outlines any plans for inventory, study, and/or preservation; and d. Describes any mitigation planned to overcome any adverse impacts. 5. Information on historical sites shall be prepared by a qualified professional, including persons with a professional or educational backb>-round in history, architectural history, archeology, art history, historic preservation, anthropology and cultural resource management. Agriculture. 1. Number of acres in production and type of production. 2. Agricultural operations in the vicinity, and other uses of land in the general vicinity. 3. The productivity of the land. Ordinance # 1709: Effective August 15, 2007. page 78-7 4. Whether or not the property is part of a viable farm unit, and whether the property was under production during the last regular season. 5. What measures will be taken, if any, to control family pets. . 6. Fencing of Agricultural Land. Describe any existing fence lines around the subdivision boundary which protect agricultural lands under an ownership other than of the developer, and describe any measure which will be taken to ensure that the owners of the subdivision will share with the owner of the agricultural lands in the continued maintenance of the fence. I. Agricultural Water User Facilities. 1. Type, description, ownership and users of facilities. 2. Written documentation demonstrating active use of facilities. If a facility is not being actively used, include a written plan for abandonment. 3. Describe any proposed realignment(s). All realignments must comply with all relevant requirements of state law. ]. Water and Sewer. Provide an engineering desi6lTI report and/or other documentation demonstrating that adequate water distribution systems and capacity, and sewage collection and disposal systems and capacity, exists to serve the proposed subdivision. K. Stormwater Management. A stormwater management plan shall be submitted with the preliminary plat. A system shall be designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots, including; 1. The plan shall depict the retention/detention basin locations, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the . stormwater receiving channel. Stormwater receiving channels shall be clearly identified for all ponds. 2. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways and lot finished grades), typical stormwater retention/ detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. 3. Any necessary stormwater easements. L. Streets. Roads and Alleys. 1. Description. Describe any proposed new public or private streets, roads or alley, or substantial improvements of existing public or private streets, roads or alleys. The developer shall demonstrate that the land to be subdivided has access onto a legal street. 2. Access to Arterial. Discuss whether any of the individual lots or tracts have access directly to arterial streets or roads, and if so, the reason access was not provided by means of a street within the subdivision and how the access complies with ~18.44.090, BMC 3. Modification of Existing Streets. Roads or Alleys. Explain any proposed closure or modification of existing streets, roads or alleys. 4. Dust. Describe provisions considered for dust control on alleys. 5. Pollution and Erosion. Explain how street, road and alley maintenance will be provided to meet the Department of Environmental Quality guidelines for prevention of water . pollution and erosion. Ordinance # 1709: Effective August 15, 2007. page 78-R . . . M. 6. Traffic Generation. Discuss how much daily traffic will be generated on existing local and neighborhood streets, roads and alleys, when the subdivision is fully developed, and provide the following information. a. The report format shall be as follows: (1) Trip generation, using the Institute of Transportation Engineers Trip Generation Manual; (2) Trip distribution; (3) Traffic assignment; (4) Capacity analysis; (5) Evaluation; and (6) Recommended access plan, including access points, modifications and any mitigation techniques. b. The report shall include the following information: (1) Land use and trip generation in the form of a table of each type of land use, the number of units or square footage, as appropriate, the trip rates used (daily and peak) and resulting trip generation. (2) Traffic graphics, which show: (a) AM peak hour site traffic; (b) PM peak hour site traffic; (c) AM peak hour total traffic; (d) PM peak hour total traffic; (e) Tot~l daily traffic (with site generated traffic shown separately). (3) AM and PM capacity analysis with an AM and PM peak hour capacity analysis provided for: (a) All major drive accesses that intersect collector or arterial streets or roads; and (b) All arterial-arterial, collector-collector and arterial-collector intersections within one mile of the site, or as required by the Director of Public Service during the pre-application review. 7. Capacity. Indicate the levels of service (before and after development) of existing and proposed streets and roads, including appropriate intersections, to safely handle any increased traffic. Describe any anticipated increased maintenance that will be necessary due to increased traffic and who will pay the cost of maintenance. 8. Bicycle and Pedestrian Pathways. Lanes and Routes. Describe bicycle and pedestrian pathways, lanes or routes to be developed with the development. 9. Traffic Calming. Detailed drawings of any proposed traffic calming installations, including locations and turning radius templates. Utilities. The developer shall submit a copy of the subdivision plat to all relevant utility companies. With the preliminary plat, the developer shall provide written documentation of the following: 1. Affected Utilities. Indicate which affected utilities the subdivision plat has been submitted to for review, and include a copy of responses. 2. Include a Description of. a. The method of furnishing electric, natural gas, cable TV, internet or telephone service, where provided. b. Estimated timing of each utility installation. Ordinance # 1709: Effective August 15,2007. page 78-9 c. The developer shall provide a written statement from the utility companies that the proposed subdivision can be provided with service. N. Educational Facilities. With the preliminary plat, provide a written statement from the . administrator of the appropriate school system indicating whether the increased enrollment can be accommodated by the present personnel and facilities and by the existing school bus system. O. Land Use. 1. Indicate the proposed use(s) and number of lots or spaces in each: a. Residential area, single-household; b. Residential area, multiple-household. Types of multiple-household structures and numbers of each (e.g., duplex, four-plex); c. Planned unit development (number of units); d. Condominium (number of units); e. Manufactured housing community (number of units); f. Recreational vehicle park; g. Commercial or industrial; and h. Other (please describe). P. Parks and Recreation Facilities. The following information shall be provided for all land used to meet parkland dedication requirements: 1. Park plan, including: a. Site plan for the entire property; showing developer installed improvements on the initial park plan and proposed future improvements on the future park plan; . b. Drainage areas; c. Utilities in and adjacent to the property; d. The zoning and ownership for adjacent properties; e. The location of any critical lands (wetlands, riparian areas, streams, etc.) and location of watercourse setbacks; f. Park landscaping plan, prepared by a qualified landscape professional in accordance with ~ 18.78.100, showing the location and specific types and species of plants, shrubs, trees as well as grass seed mixes; g. General description of land, including size, terrain, details of location and history, and proposed activities; h. Trail design and construction showing compliance with adopted City standards and trail classifications; 1. The requirement for approval of the final park plan by the City Commission with a recommendation from the Bozeman Recreation and Parks Advisory Board prior to any site work; J. The requirement for a preconstruction meeting prior to any site work; J. Appropriate sections from the "Design Guidelines Jor Ci~v oj Bozeman Parks "; k. Cost estimate and installation responsibility for all improvements; . Ordinance # 1709: Effective August 15, 2007. page 78-10 . . . 1. If playground equipment will be provided, information including the manufacturer, installation data and specifications, installer, type of fall zone surfacing and age group intended for use shall be provided; and m. Soils information and analysis. Park Maintenance. a. Maintenance information, including levels of maintenance, a maintenance schedule, and responsible parties; b. Weed control plan, including responsible parties; and e. Plan for garbage collection, snow removal and leaf removal including responsible parues. 3. Irrigation Information. a. An irrigation system map generally showing the locations and types of lines, including depth, water source, heads, electric valves, quick couplers, drains and control box; and 2. Q. b. If a well will be used for irrigation, a certified well log shall be submitted showing depth of well, gpm, pump type and size, voltage, water rights, ete. 4. Phasing. If improvements will be phased, a phasing plan shall be provided including proposed financing methods and responsibilities. Neighborhood Center Plan. A neighborhood center plan shall be prepared and submitted for all subdivisions containing a neighborhood center. Lighting Plan. The following subdivision lighting information shall be submitted for all new subdivisions: R. 1. For subdivision applications where lighting is required or pmposed, lighting plans shall be submitted to the City for review and approval, and shall include: a. IsofootcandIe plots for individual fixture installations, and 10 foot by 10 foot illuminance-grid plots for multi-fixture installations, which demonstrate compliance with the intensity and uniformity requirements as set forth in this ordinance. c. Description of the proposed equipment, including fixture manufacturer's cutsheets, photometries, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details and mounting methods. d. The lighting plan shall be prepared, and certified for compliance with the City's desi!:,'TI requirements and illumination standards, by a qualified lighting professional. Qualified lighting professionals include electrical engineers, architects, lighting designers and manufacturers representatives. e. Lighting calculations shall include only the illuminated areas; areas occupied by buildings or other non-lighted areas shall be excluded from calculations. When requested by the City of Bozeman, the applicant shall also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare and to retain the City's character. Post-approval alterations to lighting plans or intended substitutions for approved lighting shall only be made after City of Bozeman review and approval. 2. 3. Ordinance # 1709: Effective August 15,2007. page 78-11 S. Miscellaneous. 1. Public Lands. Describe how the subdivision will affect access to any public lands. . Where public lands are adjacent to or within 200 feet of the proposed development, describe present and anticipated uses for those lands (e.g., open space, recreation, etc.), and how public access will be preserved/ enhanced. 2. Hazards. Describe any health or safety hazards on or near the subdivision, such as mining activity or potential subsidence, high pressure gas lines, dilapidated structures or high voltage power lines. Any such conditions should be accurately described and their origin and location identified. List any provisions that will be made to mitigate these hazards. Also describe any on~site or off-site land uses creating a nuisance. T. Affordable Housin~ Describe how the subdivision will satisfy the requirements of Title 17 Chapter 2, BMC. The description shall be of adequate detail to clearly identify those lots designated as subject to Title 17, Chapter 2, BMC compliance requirements and to make the obligations placed on the affected lots readily understandable. 1. On all lots intended to be used to satisfy the requirements of Chapter 17.02, BMC the allowable building envelope shall be depicted. 18.78.070 FINAL PLAT A final subdivision plat may not be approved by the City Commission unless all certificates, with the exception of the Director of Public Service and the County Clerk and Recorder, have been complied with, signed and notarized and al1 subdivision regulations and conditions of preliminary plat approval have heen met. A final subdivision plat may not he filed with the County Clerk and Recorder unless all certificates, with the exception of the County Clerk and Recorder, have been complied with, signed and notarized. This shall include the Certification by the County Treasurer that no real property taxes and . special assessments assessed and levied on the land to be subdivided are delinquent. A. A final subdivision plat may not be approved by the City Commission or flied by the County Clerk and Recorder unless it complies with the uniform standards for final subdivision plats (~8.94.3003, ARM). B. A letter from the City Engineer shall be submitted to the Planning Department with the final plat application, where applicable, certifying that the following documents have been received: 1. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public improvements, including a complete grading and drainage plan. 2. Copy of the state highway access or encroachment permit where a street created by the plat will intersect with a state highway. C. Noxious Weed MOU. Prior to final plat approval, a memorandum of understanding shall be entered into by the Weed Control District and the developer. The memorandum of understanding shall be signed by the district and the developer prior to final plat approval, and a copy of the signed document shall be submitted to the Planning Department with the application for final plat approval. D. Final Park Plan. For all land used to meet parkland dedication requirements, a final park plan shall be submitted to the City of Bozeman for review and approval prior to final plat. The installation of any park improvements to meet minimum development standards or conditioos of approval shall comply with Chapter 18.74, BMC. The final park plan shall be reviewed and approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board. The final park plan shall include all of the information listed in . ~18.78.060.P of this chapter. Ordinance # 1709: Effective August 15, Z007. page 78-12 . . . E. Irrigation System As-Builts. The developer shall provide irrigation system as-huilts, for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements, once the irrigation system is installed. The as-builts shall include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box. Affordable Housing. The developer shall provide a description of how the subdivision has complied with Title 17 Chapter 2, BMC. The description shall be of adequate detail to clearly identify those lots designated as subject to Title 17, Chapter 2, BMC compliance requirements and to make the obligations placed on the affected lots readily understandable. F. 18.78.080 SITE PLAN SUBMITTAL REQUIREMENTS Applications for all site plan approvals shall be submitted to the Planning Department on forms provided by the Planning Director. The site plan application shall be accompanied by the appropriate fee and development plans showing sufficient information for the approval authority to determine whether the proposed development will meet the development requirements of the City. A. General Information. 1. Complete, signed application including the following: a. Name of project/ development; b. Location of project/ development by street address and legal description; c. Name and mailing address of developer and owner; d. Name and mailing address of engineer/architect, landscape architect and/or planner; e. Listing of specific land uses being proposed; and f. A statement signed by the owner of the proposed development of their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body; 2. Location map, including area within one-half mile of the site; 3. List of names and addresses of property owners according to Chapter 18.76, BMC; 4. For all developments, excluding sketch and reuse/further development, a construction route map shall be provided showing how materials and heavy equipment will travel to and from the site. The route shall avoid, where possible, local or minor collector streets or streets where construction traffic would disrupt neighborhood residential character or pose a threat to public health and safety. Site Plan Information. The following information is required whenever the requested information pertains to zoning or other regulatory requirements of this title, existing conditions on-site or conditions on-site which would result from the proposed development: 1. Boundary line of property with dimensions; 2. Date of plan preparation and changes; 3. North point indicator; 4. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet; 5. ParceI(s) and site coverage information: a. Parcel size(s) in gross acres and square feet; b. Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR), with a breakdown by land use; and B. Ordinance # 1709: Effective August 15, 2007. page 78-13 c. Location, percentage of parcel(s) and total site, and square footage for the following: (1) Existing and proposed buildings and structures; . (2) Driveway and parking; (3) Open space and/or landscaped area, recreational use areas, public and semipublic land, parks, school sites, etc.; and (4) Public street right-of-way; 6. Total number, type and density per type of dwelling units, and total net and gross residential density and density per residential parcel; 7. Location, identification and dimension of the following existing and proposed data, on- site and to a distance of 100 feet (200 feet for PUDs) outside site plan boundary, exclusive of public rights-of-way, unless otherwise stated: a. Topographic contours at a minimum interval of 2 feet, or as determined by the Planning Director; b. Adjacent streets and street rights~of~way to a distance of 150 feet, except for sites adjacent to major arterial streets where the distances shall be 200 feet; c. On~site streets and rights-of-way; d. Ingress and egress points; e. Traffic flow on~site; f. g. Traffic flow off-site; Utilities and utility rights-of-way or easements: (1) Electric; (2) Natural gas; (3) Telephone, cable TV, and similar utilities; (4) Water; and (5) Sewer (sanitary, treated effluent and storm); Surface water, including: (1) Holding ponds, streams and irrigation ditches; (2) Watercourses, water bodies and wetlands; (3) Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be identified as lying within a 100-year floodplain through additional floodplain delineation, engineering analysis, topographic surveyor other objective and factual basis; and A floodplain analysis report in compliance with Chapter 18.58 of this title if not previously provided with subdivision review; Grading and drainage plan, including provisions for on~site retention/detention and water quality improvement facilities as required by the Engineering Department, or in compliance with any adopted storm drainage ordinance or best management practices manual adopted by the City; (1) All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc. which may be incorporated into the storm drainage system for the property shall be designated: (a) The name of the drainageway (where appropriate); (b) The downstream conditions (developed, available etc.); and Any downstream restrictions; . h. (4) 1. (c) drainageways, . Ordinance # 1709: Effective August 15, 2007. page 78~ 14 . . 9. . 8. J. Significant rock olltcroppings, slopes of greater than 15 percent or other significant topographic features; k. Sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical details and interrelationships with vehicular circulation system, indicating proposed treatment of points of conflict, a statement requiring lot accesses to be built to the standard contained in this section, the City of Bozeman Design Standards and Specifications Policy, and the City of Bozeman Modifications to Montana Public Works Standard Specifications; 1. Provision for handicapped accessibility, including but not limited to, wheelchair ramps, parking spaces, handrails and curb cuts, including construction details and the applicant's certification of ADA compliance; m. Fences and walls, including typical details; n. Exterior si.6lTIs; o. Exterior refuse collection areas, including typical details; p. A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses, containing a layout of all proposed fixtures by location and type. The materials required in ~18.78.060.R, BMC, if not previously provided; q. Curb, asphalt section and drive approach construction details; r. Landscaping (detailed plan showing plantings, equipment, and other appropriate information as required in ~ 18.78.100, BMC); s. Unique natural features, significant wildlife areas and vegetative cover, including existing trees and shrubs having a diameter greater than 2.5 inches, by species; t. Snow storage areas; u. Location of City limit boundaries, and boundaries of Gallatin County's Bozeman Area Zoning Jurisdiction, within or near the development; v. Existing zoning within 200 feet of the site; w. I-listoric, cultural and archeological resources, describe and map any designated historic structures or districts, and archeological or cultural sites; and x. Major public facilities, including schools, parks, trails, etc.; Detailed plan of all parking facilities, including circulation aisles, access drives, bicycle racks, compact spaces, handicapped spaces and motorcycle parking, on-street parking, number of employee and non-employee parking spaces, existing and proposed, and total square footage of each; The information required by ~18.78.060.L, BMC, unless such information was previously provided through a subdivision review process, or the provision of such information was waived in writing by the City during subdivision review of the land to be developed, or the provision of such information is waived in writing by the City prior to submittal of a preliminary site plan application; Building desi.61TI information (on-site): a. Building heights and elevations of all exterior walls of the building(s) or structure(s); 10. Ordinance # 1709: Effective August 15, 2007. page 78-15 b. Height above mean sea level of the elevation of the lowest floor and location of lot outfall when the structure is proposed to be located in a floodway or . floodplain area; c. Floor plans depicting location and dimensions of all proposed uses and activities; and d. All onsite utilities and mechanical equipment; 11. Description and mapping of soils existing on the site, accompanied by analysis as to the suitability of such soils for the intended construction and proposed landscaping; 12. Temporary facilities plan showing the location of all temporary model homes, sales offices and/or construction facilities, including temporary signs and parking facilities; 13. Unless already provided through a previous subdivision review, a noxious weed control plan complying with ~18.78.050, BMC; and 14. Drafts of applicable supplementary documents as set forth in Chapter 18.72 of this title. 15. The information necessary to complete the determination of density change and parkland provision required by ~18.50.020.B, BMC, unless such information was previously determined by the City to be inapplicable and written confirmation is provided to the applicant prior to submittal of a preliminary site plan application. If a new park will be created by the development the park plan materials of ~ 18. 78.060.P, BMC shall be provided. 16. Affordable Housing. Describe how the site plan will satisfy any requirements of Title 17 Chapter 2, BMC which have either been established for that lot(s) through the subdivision process or if no subdivision has previously occurred are applicable to a site . plan. The description shall be of adequate detail to clearly identify those lots and dwellings designated as subject to Title 17, Chapter 2, BMC compliance requirements and to make the obligations placed on the affected lots and dwellings readily understandable. 18.78.090 CERTIFICATES OF APPROPRIATENESS - ADDITIONAL APPLICATION REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA A. Submittal Requirements for Certificates of Appropriateness. All development proposals requiring certificates of appropriateness (i.e. located in a neighborhood conservation or entryway corridor overlay districts) shall submit the following information in addition to any sketch plan, site plan or special development submittal requirements for the proposal: 1. Neighborhood Conservation Overlay District. Certain information shall be provided to the appropriate review authority to review prior to t,>ranting or denying a certificate of appropriateness. The extent of documentation to be submitted on any project shall be dictated by the scope of the planned alteration and the information reasonably necessary for the appropriate review authority to make its determination. At a minimum, the following items shall be included in the submission: a. Completed application on form provided by the Planning Department; b. One current picture of each elevation of each structure planned to be altered and such additional pictures of the specific elements of the structure or property to be altered that will clearly express the nature and extent of change planned. Except when otherwise recommended, no more than eight pictures should be . submitted and all pictures shaU be mounted on letter~sjze sheets and clearly annotated with the property address, elevation direction (N, S,E, W) and relevant information; Ordinance # 1709: Effective August 15, 2007. page 78-16 Sketch plan or site plan information, as per ~18.34.050 or ~18.34.060, BMC; Historical information, including available data such as pictures, plans, authenticated verbal records and similar research documentation that may be relevant to the planned alteration; Materials and color schemes to be used; Plans, sketches, pictures, specifications and other data that will clearly express the applicant's proposed alterations; A schedule of planned actions that will lead to the completed alterations; Such other information as may be suggested by the Planning Department; It is further suggested that the applicant seek comments from the neighborhood or area; and J. Description of any applicant-requested deviation(s) and a narrative explanation as to how the requested deviation(s) will encourage restoration and rehabilitation activity that will contribute to the overall historic character of the community. Entt:yway Overlay District. a. Depending on the complexity of development, either sketch plans or site plans will be required as specified in this chapter. b. If the proposal includes an application for a deviation as outlined in ~18.66.050, BMC, the application for deviation shall be accompanied by written and graphic material sufficient to illustrate the conditions that the modified standards will produce, so as to enable the City Commission to make the determination that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards, and will be consistent with the intent and purpose of Chapter 18.30, BMC. 18.78.100 SUBMITTAL REQUIREMENTS FOR LANDSCAPE PLANS A These landscape regulations apply to a lot or site subject to plan review and approval outlined in Chapter 18.34, BMC, a separate landscape plan shall be submitted as part of the site plan application unless the required landscape information can be included in a clear and uncluttered manner on a site plan with a scale where 1 inch equals 20 feet. B. Landscape Plan Format. The landscape plan submittal shall include: 1. Suggested scale of 1 inch equals 20 feet but not less than 1 inch equals 100 feet; and 2. Standard drawing sheet of a size not to exceed 24- by 36-inches. A plan which cannot be drawn entirely on a 24- by 36-inch sheet must be drawn on two or more sheets, with match lines. c. . d. e. f. g. h. 1. 2. . C. Preparation of Landscape Plan. Landscape plans shall be prepared and certified by: 1. A registered Montana landscape architect; 2. An individual with a degree in landscape design and two years of professional design experience in Montana; or 3. An individual with a degree in a related field (such as horticulture, botany, plant science, etc.) and at least five years of professional landscape design experience, of which two years have been in Montana. Contents of Landscape Plan. A landscape plan required pursuant to this title shall contain the following information: . D. Ordinance # 1709: Effective August 15, 2007. page 78-17 1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan; 2. Location of existing boundary lines and dimensions of the lot; . 3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the location of any lOa-year floodplain; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, utility easements, utility lines, driveways and sidewalks on the lot and! or adjacent to the lot. 4. Project name, street address, and lot and block description; 5. Location, height and material of proposed screening and fencing (with berms to be delineated by one foot contours); 6. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer strips; 7. Complete landscape legend providing a description of plant materials shown on the plan, including typical symbols, names (common and botanical name), locations, quantities, container or caliper sizes at installation, heights, spread and spacing. The location and type of all existing trees on the lot over 6 inches in caliper must be specifically indicated; 8. Complete illustration of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount (in square feet) of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces; 9. An indication of how existing healthy trees (if any) are to be retained and protected from damage during construction; 10. Size, height, location and material of proposed seating, lighting, planters, sculptures, and . water features; 11. A description of proposed watering methods; 12. Location of street vision triangles on the lot (if applicable); 13. Tabulation of "points" earned by the plan (see ~18.48.060 of this title); 14. Designated snow removal storage areas; 15. Location of pavement, curbs, sidewalks and gutters; 16. Show location of existing and! or proposed drainage facilities wruch are to be used for drainage control; 17. Existing and proposed grade; 18. Size of plantings at the time of installation and at maturity; 19. Areas to be irrigated; 20. Planting plan for watercourse buffers, per ~18.42.100, BMC, if not previously provided through subdivision review; and 21. Front and side elevations of buildings, fences and walls with height dimensions if not otherwise provided by the application. Show open stairways and other projections from exterior building walls. 18.78.110 SKETCH PLAN SUBMITTAL REQUIREMENTS A sketch plan shall be drawn to scale and in sufficient detail to demonstrate compliance with the requirements of trus title. Sketch plans shall be oriented with north at the top of the page and shall also . Ordinance # 1709: Effective August 15, 2007. page 78-18 . . . show site boundaries, street and alley frontages with names, and location of all structures with distances to the nearest foot between buildings and from buildings to property lines. 18.78.120 PLANNED UNIT DEVELOPMENT SUBMITTAL REQUIREMENTS The following material shall be submitted for review with each planned unit development. A. Submittal Requirements for Pre-applications. The following information and data shall be submitted for pre-application review. The number of copies required shall be determined by the Planning Department: 1. Data regarding site conditions, land characteristics, available community facilities and utilities and other related general information about adjacent land uses and the uses of land within one-half mile of the subject parcel of land; 2. Conceptual (sketch) drawing showing the proposed location of the uses of land, major streets and other significant features on the site and within one-half mile of the site; and 3. A computation table showing the site's proposed land use allocations by location and as a percent of total site area. B. Submittal Requirements for Preliminary Plans. The following information and data shall be submitted for preliminary plan review. The number of copies required shall be determined by the Planning Department: 1. Document Requirements. The following information shall be presented in an 8V2- by 11- inch vertically bound document. The document shall be bound so that it will open and lie flat for reviewing and organized in the following order: a. Application forms; b. A list of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the planned unit development; c. A statement of planning objectives, including: (1) Statement of applicable City land use policies and objectives achieved by the proposed plan and how it furthers the implementation of the Bozeman growth policy; (2) Statement of: (a) Proposed ownership of open space areas; and (b) Applicant's intentions with regard to future ownership of all or portions of the planned unit development; (3) Estimate of number of employees for business, commercial and industrial uses; (4) Description of rationale behind the assumptions and choices made by the applicant; (5) Where deviations from the requirements of this title are proposed, the applicant shall submit evidence of successful completion of the applicable community design objectives and criteria of ~18.36.090, BMC. The applicant shall submit written explanation for each of the applicable objectives or criteria as to how the plan does or does not address the objective or criterion. The Planning Director may require, or the applicant may choose to submit, evidence that is beyond what is required in that section. Any element of the proposal that varies from the criterion shall be described; Ordinance # 1709: Effective August 15, 2007. page 78-19 (6) Detailed description of how conflicts between land uses of different character are being avoided or mitigated; and (!) Statement of design methods to reduce energy consumption, (e.g., . home/business utilities, transportation fuel, waste recycling); d. A development schedule indicating the approximate date when construction of the planned unit development, or stages of the same, can be expected to begin and be completed, including the proposed phasing of construction of public improvements and recreational and common space areas; e. One reduced version of all preliminary plan and supplemental plan maps and hl""taphic illustrations at 8%- by ii-inches or 11- by 17 -inches size. 2. Site Plan Requirements. A site plan of the proposed development drawn at a scale of not less than 1 inch equals 100 feet, composed of one or more sheets with an outer dimension of 24- by 36-inches, showing the information required for site plans in ~18.78.080, BMC plus the following additional information: a. Notations of proposed ownership, public or private, should be included where appropriate; b. The proposed treatment of the perimeter of the planned unit development, including materials and techniques used, such as screening, fences, walls and other landscaping; and c. Attorney's or owner's certification of ownership. 3. Supplemental Plan Requirements. a. Viewsheds. (1) Looking onto and across the site from areas around the site, describe and . map the views and vistas from adjacent properties that may be blocked or impaired by development of the site; (2) Describe and map areas of high visibility on the site as seen from adjacent off-site locations; b. Street Cross Sections if Different From City Standards. Street cross-section schematics shall be submitted for each general category of street, including: (1) The proposed width; (2) Treatment of curbs and gutters, or other storm water control system if other than curb and gutter is proposed; (3) Sidewalk systems; and (4) Bikeway systems, where alternatives to the design criteria and standards of the City are proposed; c. Physiographic data, including the following: (1) A description of the hydrologic conditions of the site with analysis of water table fluctuation and a statement of site suitability for intended construction and proposed landscaping. The description of the hydrologic conditions shall include depth to groundwater measurements taken May 15th through September 15th; (a) An alternative to the actual measurement of water table depth may be offered provided that such alternative includes a detailed soil profile, including a detailed description of the soil which follows The National Cooperative Soil Survey Field Book for . describing soils and which provides good and sufficient evidence to establish the presence and depth of a seasonal water table, a Ordinance # 1709: Effective August 15,2007. page 78-20 . . . c. land form pOSItlOn or location, or other physiographic data which are sufficient to establish the minimum depth to groundwater. Some soils are not easily profiled to establish an off-season high water table, such as those underlain by sand or gravel, those high in organic matter and those with a high lime content. Physical monitoring of these types of soils may be necessary; (3) Locate and identify the ownership of existing wells or well sites within 400 feet of the site; d. Preliminary Subdivision Plat. If the project involves or requires platting, a preliminary subdivision plat, subject to the requirements of this title relative to subdivisions, shall be submitted; e. Traffic Impact Analysis. Not withstanding the waiver provisions of ~18.78.080.B.9, BMC, at the discretion of the City Engineer, a traffic impact analysis shall be prepared based upon the proposed development. The analysis shall include provisions of the approved development guidelines, and shall address impacts upon surrounding land uses. The Director of Public Service may require the traffic impact analysis to include the information in ~18.78.050.L, BMC. If a traffic impact analysis has been submitted as part of a concurrent subdivision review, that analysis shall meet this requirement; f. Additional Studies and Plans. If the development's compliance with the community design objectives and criteria is under question, the City Commission may require additional impact studies or other plans as deemed necessary for providing thorough consideration of the proposed planned unit development; g. A proposed draft of a legal instrument containing the creation of a property owner's association sufficient to meet the requirements of ~18.72.020, BMC shall be submitted with the preliminary plan application. Submittal Requirements for Final Plans. 1. A completed and signed application form; 2. A list of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the planned unit development; 3. Site Plan Submittal Requirements. a. A final plan site plan shall be submitted on a 24- by 36-inch sheet(s) at the same scale as the approved preliminary plan. If a different scale is requested or required, a copy of the approved preliminary plan shall be submitted that has been enlarged or reduced to equal the scale of the final plan. However, only the scales permitted for the preliminary plans shall be permitted for final plans. b. The final plan- site plan shall show the following information: (1) Land use data (same information as required on the preliminary site plan); (2) Lot lines, easements, public rights-of-way as per subdivision plat; (3) Attorney's or owner's certification of ownership; (4) Planning Director certification of approval of the site plan and its conformance with the preliminary plan; and (5) Owner's certification of acceptance of conditions and restrictions as set forth on the site plan; Ordinance # 1709: Effective August 15, 2007. page 78-21 4. Supplemental Plans. a. Final Landscape Plan. A fInal landscape plan consistent with the conditions and . restrictions of the approved preliminary plan shall be submitted. It shall also be consistent with the Chapter 18.48, BMC, except that any stated conditions and restrictions of the preliminary plan approval shall supersede the provisions of Chapter 18.48, BMC; b. Final Subdivision Plat. An offIcial fInal subdivision plat of the site must accompany the fInal planned unit development plan when applicable. City approval of the fInal subdivision plat shall be required before issuance of building permits; c. Final Utility Plans. Prior to submission of the fInal plan to the DRC and ADR staff, engineering plans and specifIcations for sewer, water, street improvements and other public improvements, and an executed improvements agreement in proper form providing for the installation of such improvements, must be submitted to and approved by the City; and d. Open Space Maintenance Plan. A plan for the maintenance of open space, meeting the requirements of ~18.72.040, BMC, shall be submitted with an application for fInal plan approval. Open space shown on the approved final plan shall not be used for the construction of any structures not shown on the final plan. 18.78.130 SUBMITTAL MATERIALS FOR REGULATED ACTIVITIES IN WETLANDS The following information shall be submitted for all regulated activities proposed for regulated wetland areas: A. A description of the proposed activity; B. A description of why avoidance and less damaging alternatives have been rejected, if applicable; C. A site plan which shows the delineated wetland boundary, the property boundary, all existing and proposed structures and roads, watercourses and drainageways on the property; D. The exact locations and specifIcations for all proposed regulated activities, and the direct and indirect impact of such activities; E. The source, type and method of transport and disposal of any fIll material to be used, and certifIcation that the placement of fIll material will not violate any applicable state or federal statutes and regulations; F. The names and addresses of all property owners within 200 feet of the subject property. The names and addresses shall also be provided on self-adhesive mailing labels; G. Copies of any Section 404 wetland permits already obtained for the site; and H. A completed wetland review application supplement. . 18.78.140 SUBMITTAL MATERIALS FOR APPEALS OF ADMINISTRATIVE PROJECT DECISIONS All appeals of Administrative Project Decisions shall include: A. Name and address of the appellant; B. The legal description and street address of the property involved in the appeal; C. A description of the project that is the subject of the appeal; D. Evidence that the appellant is an aggrieved person as defIned in Chapter 18.80, BMC; . Ordinance # 1709: Effective August 15, 2007. page 78-22 . . D. E. . F. G. E. List of names and addresses of property owners within 150 feet of the site, using the last declared county real estate tax records; Stamped, unsealed envelopes addressed with names of above property owners; Required appeal filing fee; and The specific grounds and allegations for the appeal, and evidence necessary to support and justify a decision other than as determined by the Planning Director. F. G. H. 18.78.150 ADMINISTRATIVE INTERPRETATION APPEALS All appeals of administrative interpretations shall include: A. Name and address of the applicant; B. The legal description and street address of the property, if any, involved in the appeal; C. A description of the property, if any, that is the subject of the interpretation appeal including: 1. A site plan drawn to scale showing the property dimensions, grading, landscaping and location of utilities, as applicable; 2. Location of all existing and proposed buildings; and 3. Drive accesses, driveways, access roads, parking spaces, off~street loading areas and sidewalks as applicable; D. The names and addresses of the owners of the property and any other persons having a legal interest therein; E. List of names and addresses of property owners within 150 feet of the site, using the last declared county real estate tax records; Stamped, unsealed envelopes addressed with names of the above property owners; Required filing fee; and Evidence to prove that the decision or action of the official for which an appeal is made was incorrect or in violation of the terms of this title. F. G. H. 18.78.160 SUBMITTAL MATERIALS FOR VARIANCES An application for a variance shall be accompanied by a development plan showing such information as the Planning Director may reasonably require for purposes of this title. The plans shall contain sufficient information for the Commission to make a proper decision on the matter. The request shall state the exceptional physical conditions and the peculiar and practical difficulties claimed as a basis for a variance. In all cases, the application shall include, and shall not be deemed flied until, all of the following is submitted: A. Name and address of the applicant; B. The legal description of the property involved in the request for variance, including the street address, if any, of the property; C. The names and addresses of the owners of the property and any other persons having a legal interest therein; List of names and addresses of property owners within 150 hundred feet of the site, using the last declared county real estate tax records; Stamped, unsealed envelopes addressed with names of above property owners; A site plan drawn to scale showing the property dimensions, grading, landscaping and location of utilities, as applicable; Location of all existing and proposed buildings; Ordinance # 1709: Effective August 15, 2007. page 18-23 H. J. K. Drive accesses, driveways, access roads, parking spaces, off-street loading areas and sidewalks as applicable; A clear description of the variance requested and the reasons for the request; ] ustification, in writing of subsections 1, 2, 3 and, when applicable, 4 of ~18.66.c)60.C, BMC; Evidence satisfactory to the City Commission of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within six months after issuance of permit; and L. Required filing fee. 1. . 18.78.170 SUBMITTAL MATERIALS FOR TELECOMMUNICATIONS The following information shall be submitted for review of wireless facilities as applicable. Failure to provide required materials will result in a determination that the application is incomplete and the application will not be processed. A. Submittal Materials. Telecommunication Submittal Materials Micro- Small- Large- scale scale scale 1. A detailed written description of how the applicant has complied with, or will comply X X X with, the applicable standards of this title, especially those of this charter; 2. An accurate photo simulation of the site with the proposed facility in place. The simulation shall be to scale, and depict all planned and expected antennae, including collocation of other carriers, on the facility. Landscaping which is not existing or proposed X X X on the accompanying site plan shall not be included in the simulation unless it exists on adjoining properties; 3. A statement of whether the proposed facility is exempt or non-exempt from environmental review under the Rules of the FCC; a. If the facility is claimed to be exempt, a detailed and specific citation to tl1e Rules of the FCC indicating the section which details the relevant exemption provisions shall be included. If the facility is not exempt from environmental review, a copy of the environmental review shall he provided with the application, and the approval from the FCC for the site shall be provided to the City of Bozeman prior to the fmal site plan approval; X X X AND b. If the facility is claimed to be exempt from environmental review, a statement shall be provided, under oath and notarized, that the proposed or existing facility does or will comply with FCC radio frequency emission guidelines for both general population/ uncontrolled exposures and occupational/controlled exposures as defined in the FCC rules. The provision of false information shall result in the immediate revocation of permits or approvals 6>ranted upon the basis of the false information and the cessation of operation of the offending facilities; 4. When the applicant is a wireless service provider, proof that the applicant is licensed by the FCC to provide the wireless communication services that the proposed facility is X X X desil-.'Iled to support, or that licensing by the FCC is not required; 5. ^ report providing a description of the large scale wireless facility with technical reasons X and justification for its design and placement; 6. A dcscription of the maximum capacity of the large scale wireless facility as proposed and X how ilie facility can be retrofitted or modified to accommodate changing user needs; 7. Documentation establishing the structural inte6>rity for the large scale wireless facility's proposed use including documented loading calculations for wind, snow and seismic forces under circumstances of maximum capacity loading prepared by a professional structural X engineer licensed to practice in the State of Montana. Loading criteria shall be those set forth in the edition of the International Building Code most recently adopted by the City; and Table 78-2 . . Ordinance # 1709: Effective August 15, 2007. page 78-24 . . . Telecommunication Submittal Materials Microw Smallw Largew scale scale scale 8. A statement of how the collocation reguirements of Section 18.54.040.B, BMC, shall be X met. B. In addition to the materials required above, for all large scale wireless facilities 50 feet or greater in height, the applicant shall submit: 1. Propagation studies for the users of the proposed facility, including existing service coverage maps and whether the placement of the new site will require relocations of existing facilities, or a description of how and why the proposed site and facility size is required to provide service that is otherwise unavailable or substantially inadequate or is required for the introduction of a new service; 2. A statement of intent of how co-location on the facility will be addressed; 3. A statement of willingness to allow co-location at reasonable and customary rates by all technically feasible providers up to the structural capacity of the tower; 4. An inventory of all surrounding buildings or other structures greater than 50 feet in height within a radius of one mile of the proposed location with a listing of height and suitability for hosting the proposed users of the large scale wireless facility; 5. An applicant shall demonstrate in writing that there are no available openings on existing facilities which are feasible and that a new structure is necessary. Such demonstration shall address the criteria in ~18.54.040.B, BMC; 6. A detailed explanation of how the large scale wireless facility will be maintained and how the maintenance and operations of the large scale wireless facility will be transferred to a third party should the applicant no longer retain ownership. Unless otherwise approved by the City, the responsibility of maintenance and operations shall transfer to the owner of the underlying property; 7. An explanation of how the applicant will provide a financial security for the removal of the large scale wireless facility in the event that it no longer serves telecommunications carriers. The financial guarantee shall be 150 percent of the estimated cost of facility removal and must be acceptable to the City; and 8. A large scale wireless facility may be reviewed as a multiple phase project and be constructed over time as provided for in ~18.54.040.B, BMC. An applicant intending to construct a new large scale wireless facility shall provide letters of intent adequate to meet the requirements for leases set forth in ~18.54.040.B, BMC. Ordinance # 1709: Effective August 15, 2007. page 78-25 . CHAPTER 18.80 DEFINITIONS 18.80.010 DEFINITION OF TERMS AND INTERPRETATION OF LANGUAGE A. All words in this title shall be first defined as provided in this chapter and, if not defined herein, shall be defined as in the latest edition of 'The Illustrated Book of Development Definitions' by Harvey S. Moskowitz and Carl G. Lindbloom, and if not defmed in 'The Illustrated Book of Development Definitions'; shall have their customary dictionary defmitions. B. Words used in the present tense include the future tense; words used in the singular include the plural, and words used in the plural include the singular; the word "shall" is always mandatory, the word "person" includes a firm, association, organization, partnership, trust, corporation or company, as well as an individual; the word "lot" includes the words "plot" or "parcel"; the word "building" includes the word "structure"; the words "used" or "occupied," as applied to any land or building, shall be construed to include the word "intended, arranged, or designed to be used or occupied"; the words "map" or "zoning map" mean the zoning map(s) of the City that delineate the area to be governed by these regulations. C. For the purposes of this title certain words and terms used herein are defined as follows: 18.80.020 ACCESS OR ACCESS WAY The place, means or way by which pedestrians and vehicles shall have adequate and usable ingress and egress to property or use as required by this title. . 18.80.030 ACCESSORY BUILDING OR USE A subordinate building, or portion of the principal building, located on the same lot as the principal building, or a subordinate use of land, either of which is customarily incidental to the principal building or to the principal use of land Where part of an accessory building is connected to part of the principal building by a common wall, such accessory building shall be counted as part of the principal building. Individual public utility installations above ground are considered accessory buildings. 18.80.040 ADMINISTRATIVE DESIGN REVIEW (ADR) STAFF Certain members of the planning staff charged with the design review, as defined in this chapter, of certain plans and proposals as specified in this title. The organization, composition and procedures of the administrative design review staff are subject to the requirements of Chapter 18.62, BMC. 18.80.050 ADULT BUSINESS An establishment which advertises, trades, exchanges, transfers, sells, presents, shows, offers or exhibits materials, activities, reproductions, likenesses, services and/or objects defined as obscene by ~45-8- 201(2), MCA. Adult business as defined in this section shall include, but need not be limited to, adult bookstores, adult motion picture theaters, rap studios, massage parlors, exotic dance studios, nude art studios, nude photographic studios and nude body painting studios. 18.80.060 AFFORDABLE HOUSING Housing for persons earning less than 65 percent of the area's annual median income for rental housing and 100 percent of the area's annual median income for purchased housing. Further, affordable housing does not require greater than 30 percent of the household gross annual median income for housing. Annual median income is defined by the Department of Housing and Urban Development. Affordable housing is subject to the City's affordable housing policy. . Ordinance # 1693: Effective March 24,2007. page 80-1 18.80.070 AGGRIEVED PERSON A person, as defined in this chapter, who has a specific, personal and legal interest in the final decision . of an agency, board or commission, as distinguished from a general interest such as is the concern of all members of the community, and which interest would be specifically and personally prejudiced by the decision or benefited by its reversal. 18.80.080 AGRICULTURAL ACTMTY The cultivation or tilling of soil for the pwpose of producing vegetative materials for sale or for use in a commercial operation and/or the raising or tending of animals for commercial sale or use. Agriculture does not include gardening for personal use, keeping of house pets or landscaping for aesthetic pwposes. 18.80.090 AGRICULTURAL WATER USER FACILITY Those facilities, which include but are not limited to ditches, pipes, and other water conveying facilities, which provide water for irrigation and stock watering on agricultural lands, with said lands being defined in ~15.7.202, MCA. 18.80.100 ALLEY A permanent public thoroughfare providing a secondary means of access to abutting lands. 18.80.110 ALIQUOT PART An equal division of a government section in quarters as described by the 'Manual for the Survey of the Public Lands of the United States.' 18.80.120 ALTERATION Any act or process, except repair and light construction as defined herein, that changes one or more of the architectural features of a structure or site, including, but not limited to, the erection, construction, reconstruction, relocation of, or addition to a structure. The term alteration may apply to any act or process that changes the interior architectural features of that portion of a public or private property commonly frequented by the general public, provided said public or private property is located within a designated historic district or listed individually on the National Register of Historic Places. However, changes upon interior elements of private residences, regardless of their location or historic status, shall not be considered alterations as defined in this section. Alteration further means any change or addition to a structure within a floodplain that either increases its exterior dimensions or increases its potential flood hazard 18.80.130 ANIMAL HOSPITAL A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Outside pens, kennels or runs are not permitted as part of an animal hospital operation. Short term interior boarding is permitted. 18.80.140 ANTENNA One or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omnidirectional antenna (rod), directional antenna (panel) and parabolic antenna (disc). 18.80.150 APARTMENT A habitable room or suite of two or more habitable rooms meeting the requirements of the City's . adopted International Building Code, located in an apartment building or used for residential purposes Ordinance # 1693: Effective March 24,2007. page 80~2 . in nonresidential buildings located within nonresidential districts, as specified in this title. Efficiency ~ts shall qualify as an apanment under this definition. WPS.S0.160 APAR1MENT BUILDING A building other than a hotel or motel containing five or more dwelling units. IS.S0.170 APPELLANT An aggrieved person who has appealed the decision of an agency, board or commission to another body designated herein by the filing of a notice of appeal. IS.S0.1S0 APPLICANT The person(s) who, or organization which, submitted the application to the agency, board or commission for approval, or the person(s) who, or organization which, submitted the application to the agency, board or commission whose decision has been appealed. IS.S0.190 ARCHITECTURAL APPEARANCE The architectural character and general composition of a structure, including but not limited to, the kind and texture of the building's materials and the type, design and character of all windows, doors, light fixtures, signs and appurtenant exterior elements; and, interior architectural detail including, but not limited to, floors, fixtures, hardware, ornamentation and other elements that contribute to the building's architectural or historical significance. IS.S0.200 AREA OF SPECIAL FLOOD HAZARD The land in the floodplain within the community subject to inundation by a one percent or greater _hance of flooding in any given year, i.e., the 100-year floodplain. S.SO.210 AREA OF SIGNS The area of a sign that shall be computed by enclosing the entire area within any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, figure or character together with any other material or color forming an integral pan of the display or used to differentiate such sign from a building on which it is placed. The area of a sign having no such perimeter shall be computed by enclosing the entire area within parallelograms, triangles, or circles in a size sufficient to cover the entire area of the sign copy and computing the size of such area. In the case of a two-sided sign, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. If the angle between the twO sign faces is greater than 45 degrees, the sign area will be the sum of the areas of the two faces. The supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the sign. In the case of any spherical, conical, or cylindrical sign, one-half of the total surface area shall be computed as the area of the sign. IS.S0.220 ARTIFICIAL LOT An area within a legally existing lot that is delineated by the Planning Director for the sole purpose of satisfying the landscaping requirements of this title. IS.S0.230 ARTIFICIAL OBSTRUCTION - DEVELOPMENT Any obstruction which is not natural and includes any dam, diversion, wall, bank stabilization method, embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectification, bridge, .onduit, culvert, building, refuse, automobile body, fill or other analogous structure or matter in, along, cross or projecting into any lOO-year floodplain which may impede, retard or alter the pattern of flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where Ordinance # 1693: Effective March 24,2007. page SO-3 the natural flow of water would cany the same downstream to the damage or detriment of either life or property. 18.80.240 ARTS CENTER AND/OR ENTERTAINMENT CENTER A structure or facility for the presentation of the performing arts, including indoor motion picture theaters; theaters for live performances; indoor concert halls; studios for arts education, such as dance or painting. Also includes entertainment activities such as arcades; bowling alleys or pool halls. Arts and entertainment center does not include any business meeting the definition of adult business as defined by this title. 18.18.245 ATTACHED STRUCTURE A building sharing with one or more other buildings a common wall(s) for not less than five feet. 18.80.250 AUTOMOBILE FUEL SALES OR REPAIR The use of a site for the direct sale of fuel to the end user, or for the repair of automobiles, noncommercial trucks, motorcycles, motorhomes, recreational vehicles or boats. This includes the sale and on-site installation of parts, wheel and brake shops, body and fender shops, and similar repair and service activities, but excludes dismantling or salvage. . 18.80.260 AUTOMOBILE REDUCTION YARD Any area of land where two or more motor vehicles not in running condition and! or two or more unlicensed motor vehicles, or parts thereof, are stored in the open and are not being restored to operation; or any land, building or structure used for the wrecking, dismantling, storage or abandonment of motor vehicles or parts thereof. 18.80.270 AUTO SALVAGE YARD . A junkyard primarily containing inoperable vehicles for purposes of being dismantled and sold as parts. 18.80.280 AUTOMOBILE WASHING ESTABLISHMENT A building which has its primary purpose as washing automobiles. Such facilities shall be considered incidental to automobile service stations if not more than one auto may be washed at one time and if the service station is clearly the principal use. 18.80.290 AWNING A roof~like structure, which is generally composed of a skeletal frame, covered in a fabric or other skin- type material, and typically open on the bottom side, which projects beyond a building or extending along and projecting beyond the wall of the building. For the purposes of this title a sign on an awning shall be considered to be a wall sign. 18.80.300 BANNER Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. A single one of each national, state or municipal flags, or the official flag of any institution or business shall not be considered banners. 18.80.310 BAR (TAVERN, COCKTAIL LOUNGE) An establishment where alcoholic beverages are served on premises and where the total sales of alcohol exceeds the total sales of food. 18.80.320 BASE FLOOD . A flood having a one percent chance of being equalled or exceeded in any given year. A base flood is the same as a 100-year flood. Ordinance # 1693: Effective March 24, 2007. page 80-4 . . . 18.80.330 BASE FLOOD ELEVATION The elevation above sea level of the base flood in relation to National Geodetic Vertical Datum of 1929 unless otherwise specified in the flood hazard study. 18.80.340 BASEMENT A portion of a building located partly underground but having not less than half its floor-to-ceiling height below the average grade of the adjoining ground. 18.80.350 BEACON Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move. 18.80.360 BED AND BREAKFAST HOME A single-household dwelling which remains owner-occupied at all times providing one or more guest rooms for compensation, and where food service is limited to breakfast which may be served to overnight guests only. 18.80.370 BUILDING Any structure having enclosed space and a roof for the housing and! or enclosure of persons, animals or chattels. 18.80.380 BUILDING AREA The maximum horizontal projected area of the principal and accessory building(s), excluding open steps, terraces, and architectural appurtenances projecting not more than 2 feet. Building area, as that portion of a lot upon which construction is permitted, is that area of a lot that lies within the boundaries of the front, side and rear yard setback requirements measured from the actual lot line. 18.80.390 BUILDING ENVELOPE The three~dimensional volume on a lot lying between the front, side and rear yard setback lines and between ground level and the maximum allowable building height, amounting to the area available for potential building construction. 18.80.400 BUIWING FRONTAGE The maximum dimension of the building front measured on a straight line parallel to the street, but excluding facades facing alleys or driveways. 18.80.410 BUILDING HEIGHT The vertical distance measured from grade as defined in this section to the highest point on the roof or parapet wall. Where a building utilizes multiple roof styles or pitches, the highest point of each type of roof or parapet wall shall be in conformance with applicable height regulations as established for the respective roof pitches in each zoning district. Where the vertical difference between grade as defined in this section is greater than 2 feet between opposite elevations of the building, the height of the building may be increased by 1 foot for every 1 foot in grade difference up to a maximum of 6 additional feet. 18.80.420 BUIWING, PRINCIPAL A building in which is conducted the main, or principal, use of the lot on which the building is situated. 18.80.430 BUSINESS Engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services; the maintenance or operation of offices or recreational or amusement enterprises. Ordinance # 1693: Effective March 24, 2007. page 80-5 18.80.440 CANOPY Any open, permanent roof-like accessory structure which is not attached or part of a principal building. 18.80.450 CANOPY TREE A species of tree which normally bears crown foliage no lower than 6 feet above ground level upon matunty. 18.80.460 CARPORT A structure, open on at least two sides, consisting of a roof and either walls or columns for the purpose of housing automotive vehicles and other chattels. The structure shall be considered as an accessory building when detached from the principal building and as a part of the principal building when attached to the principal building along one or more sides of the carpon or principal building. 18.80.470 CASINO A. An establishment whose primary use or activity is gambling, either in the form of gambling machines (video poker, keno, etc.), card games or other licensed gambling activity. A casino will normally have beverage and restaurant facilities as accessory uses. In all instances, an establishment will be considered a casino for the purpose of these regulations if any of the following characteristics apply: 1. The establishment is referenced as a casino by signage, advenisement or by name; 2. More than one card table is on the premises; and/or 3. Fifteen or more gambling machines are on the premises. B. An applicant for a casino establishment must obtain a Montana state license to sell alcoholic beverages for consumption on the premises. . . 18.80.480 CEMETERY Land used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums and monuaries when operated in conjunction with and within the boundary of such cemetery. 18.80.490 CERTIFICATE OF APPROPRIATENESS A permit issued by the penment review authority indicating its approval of plans to alter or construct a structure or alter a site within the Neighborhood Conservation Overlay District or Entryway Overlay District. 18.80.500 CERTIFICATE OF SURVEY A drawing of a field survey prepared by a registered land surveyor for the purpose of disclosing facts penaining to boundary locations. 18.80.510 CHILD A person under twelve years of age. 18.80.520 CHURCH A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. 18.80.530 CITY The City of Bozeman. Ordinance # 1693: Effective March 24, 2007. . page 80-6 18.80.540 CITY COMMISSION . The governing body of the City of Bozeman. 18.80.550 CIVIC USE Public buildings or uses, including but not limited to, college/university facilities, congregate postal facilities, schools, government offices, libraries, assembly uses, police stations, and fire stations. 18.80.560 CLUB, PRIVATE (NONPROFIT) A nonprofit association of persons who are bona fide members, paying annual dues, which owns, hires or leases a building, or a portion thereof, the use of such premises being restricted to members and their guests. 18.80.570 CO-LOCATION The placement of an antenna by two or more wireless service providers on a common antenna- supporting structure, or the addition or replacement of antennas on an existing structure. The term does not include roof-mounted or surface-mounted wireless facilities or the placement of other antenna on an amateur radio antenna. 18.80.580 COMMERCIAL MESSAGE Any sign, wording, logo or other representation that directly or indirectly names, advertises or calls attention to a business, product, service or other commercial activity. 18.80.590 COMMERCIAL NODE A commercial node is an area meeting all of the following conditions: . 1. Designated as CommlUlity Commercial in the land use section of the City's adopted growth policy; 2. Designated as a B-2 zoning district; and 3. Located in one of the four following locations: a. Northwest of the intersection of Stucky Road and South 19th Avenue to the limits as shown on the future land use map contained in the adopted growth policy, b. East of Highland Boulevard across from the Bozeman Deaconess Hospital to the limits as shown on the future land use map contained in the adopted growth policy, c. South of West Main Street across from the Gallatin Valley Mall to the limits as shown on the future land use map contained in the adopted growth policy, d. Northwest of the intersection of Baxter Lane and Davis Lane to the limits as shown on the future land use map contained in the adopted growth policy. 18.80.600 COMMON OPEN SPACE Undeveloped land within a subdivision that has been designated, dedicated, reserved or restricted in perpetuity from further development and is set aside for the use and enjoyment by residents of the development. Common open space shall not be part of individual residential lots. It shall be substantially free of structures, but may contain historic structures and archaeological sites, and! or recreational facilities for residents, including but not limited to benches, picnic tables and interpretive signage as indicated on an approved development plan. Stormwater control facilities for the benefit of the subdivision may also be located within common open space. . Ordinance # 1693: Effective March 24, 2007. page 80-7 18.80.610 COMMON OWNERSHIP Ownership by the same person, corporation, finn, entity, partnership or unincorporated association; or . ownership by different corporations, firms, partnerships, or unincorporated association in which a stockbroker, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity or unincorporated association. 18.80.620 COMMUNITY CENTER A building or portion of a building used for nonprofit cultural, educational, recreational, religious or social activities which is open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency. Examples of community centers are schools, churches, Boys and Girls Clubs, and similar uses. Community center does not include fraternities, lodges or similar uses. 18.80.630 COMMUNITY RESIDENTIAL FACILITY A single residential structure having common kitchen facilities including: 1. Those occupied by persons having developmental disabilities and living together for the purpose of residential training, observation and/or common support, in which care is provided on a 24 hour per c4y basis; 2. A community group home for developmentally, mentally or severely disabled persons which does not provide skilled or intermediate nursing care; 3. A youth foster home or other facility for care of minors as defined in ~52-2-601 et seq., MCA; 4. A halfway house operated in accordance with regulations of the State Department of Public Health and Human Services for the rehabilitation of alcoholics or drug dependent persons; 5. A licensed adult foster care home; or . 6. Any facility defined in ~7&-2.411, MCA. Where a limitation of eight or fewer residents is imposed for the purpose of defining the necessary review process to establish this use, the operator of a residential facility, members of the operator's household or persons employed as staff shall not be counted as residents, except that the total number of all persons living at the facility shall not exceed ten. 18.80.640 COMPATIBLE DEVELOPMENT The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the City's adopted growth policy. Elements of compatible development include, but are not limited to: variety of architectural design; rhytlun of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the are~ motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use. 18.80.650 COMPATIBLE LAND USE A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to, noise, odor, light and the presence of physical hazards such as combustible or explosive materials. . Ordinance # 1693: Effective March 24, 2007. page 80-8 18.80.660 CONDITIONAL USE ~ public or private use as listed in this title which, because of its unique characteristics, cannot be "roperly classified as a principal use or accessory use in a particular district. After consideration in each case of the impact of such use upon neighboring land, and of the public need for the particular use at the particular location, a pennit for such conditional use mayor may not be granted, with or without conditions, in addition to any condition specifically stated in this title for any particular conditional use, including time limits, pursuant to the requirements of this title. 18.80.670 CONDITIONAL USE PERMIT Legal authorization to construct, develop or operate a conditional use as defined by this title. 18.80.680 CONSERVATION EASEMENT The grant of a property right or interest from the property owner the public or nonprofit conservation organization stipulating that the described land shall remain in perpetuity in its natural and open state, precluding future or additional development (with the exception of any allowable structures or facilities). 18.80.690 CONTIGUOUS TRACT For the purpose of these regulations, a parcel of land next to, abutting, adjoining or touching another individual parcel of land, including tracts which are separated by public right-of-way. 18.80.700 CONSTRUCfION The act of adding to an existing structure or erecting a new principal or accessory structure. 18.80.710 CONVENIENCE FOOD RESTAURANT af\n establishment whose principal business is the sale of foods, frozen desserts or nonalcoholic ~everages to the consumer in a ready-to-eat state for consumption either within the premises or for cany-out with consumption either on or off the premises and whose design or principal method of operation includes both of the following characteristics: A. Foods, frozen desserts or nonalcoholic beverages are usually served in edible containers or in paper, plastic or other disposable containers; B. The customer is not served food at his/her table by an employee but receives it at a counter, window or similar facility for carrying to another location for consumption either on or off the prenuses. 18.80.720 CONVENIENCE USE Retail commercial uses which have relatively high traffic generation rates per 1,000 square feet compared to other commercial uses. A use is designated as a convenience use if the method of operation includes one or more of the following characteristics: A. Retail motor fuel is sold; B. The primary business is the sale of food or drink for consumption, either on or off premises, over a counter, or from an outdoor service window or automobile service window. Of the food or drink sold, at least 20 percent is in disposable or cany-out containers; or C. Drive-in and drive-through restaurants. 18.80.730 COOPERATIVE HOUSEHOLD .live or more persons who are granted a conditional use pennit as a cooperative household pursuant to ~e terms of Chapter 18.34 of this title. A cooperative household exhibits four or more of the following characteristics: Ordinance # 1693: Effective March 24, 2007. page 80-9 A. A shared strong bond or common commitment to a single purpose, such as members of a religious order; B. Are not legally dependent on others not living with them; . C. Can establish legal "domicile" as defined by state law; D. Share a single household budget; E. Share in the work of maintaining the premises; F. Legally share in the ownership or possession of the premises, e.g. tenants in common on a deed or cosigners of a single lease; or G. The relationship must be of a permanent and distinct character with a demonstrable and recognizable bond characteristic of a cohesive unit. Cooperative housing does not mean any society, club, fraternity, sorority, association, lodge, organization or group of students or other individuals with a common living arrangement or whose basis for the establishment of the housekeeping unit is temporary. 18.80.740 COVENANT An agreement that binds and restricts the land in the hands of present owners and subsequent purchasers with a view towards protecting and enhancing the physical, natural and economic integrity of an area. 18.80.750 DATE OF SUBMISSION The date at which the plat or plan and all required supplementary information is received and cenified as complete by the Planning Depanment. 18.80.760 DAY CARE CENTER A place in which supplemental care is provided to thirteen or more nonresident persons on a regular basis and which is licensed by the State of Montana. 18.80.770 DAY CARE HOME, FAMILY A private residence in which supplemental care is provided to three to six nonresident persons from separate families on a regular basis and which is registered by the State of Montana. . 18.80.780 DAY CARE HOME, GROUP A private residence in which supplemental care is provided to seven to twelve nonresident persons on a regular basis and which is registered by the State of Montana. 18.80.790 DEDICATION The deliberate appropriation of land by an owner for any general and public use, reserving no rights which are incompatible with the full exercise and enjoyment of the public use to which the propeny has been devoted. 18.80.800 DEMOLITION Any act or process that destroys, in pan or whole, a structure or archaeological site. 18.80.810 DESIGN REVIEW The aesthetic evaluation of cenain development proposals, including those located in the neighborhood conservation overlay district, entryway overlay district, and all planned unit developments and retail . developments consisting of single tenant buildings greater than 40,000 square feet relative to architectural, site, landscape, environmental, urban and other design matters as specified in this title. Ordinance # 1693: Effective March 24, 2007. page 80.10 18.80.820 DESIGN REVIEW BOARD . 'iliat board created by Chapter 18.62 of this title and appointed by the City Commission, charged with the design review, as defined in this chapter, of certain plans and proposals as specified in this title. 18.80.830 DEVELOPMENT Any man~made change to improve or alter real estate, including but not limited to, subdivision of land, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. 18.80.840 DEVELOPMENT ENVELOPES Areas on a lot within which grading, lawns, pavement and buildings will be located. 18.80.850 DEVELOPMENT REVIEW COMMITTEE That committee created by Chapter 18.62, BMC and charged with the ~xpressed intent of reviewing designated plans and proposals. 18.80.860 DEVIA nON A modification of physical standards of this title as applied to a specific piece of property located within the neighborhood conservation overlay district or ennyway corridor overlay district. A deviation may be granted only by the City Commission. 18.80.870 DIVISION OF LAND The segregation of one or more parcels of land from a larger tract held in single or undivided ownership by transferring, or contracting to transfer, title to or possession of a ponion of the tract, or properly filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels . pursuant to these subdivision regulations and the Montana Subdivision and Platting Act. The conveyance of a tract of record or an entire parcel of land that was created by a previous division of land is not a division of land. 18.80.880 DIRECTIONAL SIGN An on-premise sign which is intended to convey information regarding the location of specific features of the site or to convey on~premise regulations including traffic and circulation regulations. 18.80.890 DRNE ACCESS That area between the curb of a street, or edge of the traveled portion of a street when no curb exists, and the right -of-way/property line over which the City will permit vehicular travel from the traveled portion of a street to an individual property or off~street parking space(s). 18.80.900 DRNE-IN BUSINESS Any business in which people are provided a service or a product, where a sale is made without the customer being required to leave the vehicle. Such businesses include, but are not limited to, drive-in theater, drive-in bank, freestanding automated teller machine, drive-in laundry or dry cleaning pickup station, drive-in restaurant and any business offering take-home food services. . 18.80.910 DWELLING A building, or portion thereof, meeting the requirements of the City's adopted International Building Code and used by one household, as defined by Chapter 18.80, BMC, for residential purposes. Dwelling occupancy duration is typically longer than thirty continuous days. Dwellings may exist in many configurations, including single-household, two-household, multiple-household dwellings and group homes. Dwellings do not include hotels, motels, extended stay lodgings or tourist homes. Ordinance # 1693: Effective March 24, 2007. page 80-11 18.80.920 EASEMENT A grant by a property owner to the public, a specific person or persons, other than the owner, for a right . to use land for a specific purpose or purposes. 18.80.930 EFFICIENCY UNIT A dwelling unit containing only one habitable room as defined and regulated by the most recently adopted International Building Code. 18.80.940 ENGINEER (REGISTERED PROFESSIONAL ENGINEER) A person licensed in conformance with the Montana Professional Engineers Registration Act (~37-67- 101 through ~37-67-332, MCA) to practice engineering in the State of Montana. 18.80.950 ENGINEERING DEPARTMENT Engineering Division of the City of Bozeman's Department of Public Service. 18.80.960 ESSENTIAL SERVICES (TYPE I) Water pmnping stations; storrnwater drainage facilities (including collection lines, retention/ detention ponds and drainage ways); sanitary sewer and storm sewer lift stations; public domestic water storage facilities; water fill stations for fire fighting equipment; local service telephone lines and cables; local service electrical distribution lines and cables; local service cable television lines; local service electronic data transmission lines and cables; water and sanitary sewer distribution and collection lines; and public and amateur radio antennae and towers. 18.80.970 ESSENTIAL SERVICES (TYPE II) Pipelines to transport gas, oil and coal (interstate and intrastate); electric substations; electrical . transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); telephone satellite community dial offices; telephone exchanges and repeater stations, except those facilities which may be considered wireless facilities; other accessory facilities, equipment and structures; and police and fire stations. 18.80.980 ESTABLISH To construct, place, insert or excavate. 18.80.990 EVERGREEN TREE OR SHRUB A tree or shrub of a species which normally retains its leaves/needles throughout the year. 18.80.1000 EXISTING MANUFACTIJRED HOME PARK OR SUBDIVISION A manufactured home park or subdivision where the construction of facilities for servicing the manufactured home lots is completed before the effective date of the floodplain management regulations. nus includes, at a minimum, the installation of utilities, the construction of streets, and either fmal site grading or the pouring of concrete pads. 18.80.1010 EXTENDED STAY LODGINGS Guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes for guestS and contain kitchen facilities for food preparation including but not limited to such facilities as refrigerators, stoves and ovens. Generally an individual guest will not exceed thirty days stay. nus definition includes dwelling units used, rented or hired out for vacation homes. . Ordinance # 1693: Effective March 24, 2007. page 80-12 . 18.80.1020 FINAL DECISION The final action of an agency, board or commission when no further action is available before such agency, board or commission. 18.80.1030 FINAL PLAT The final drawing of a subdivision and dedication required by this title and the Montana Subdivision and Platting Act to be prepared for filing for record with the Clerk and Recorder, and containing all elements and requirements set fonh in this title and the Montana Subdivision and Platting. 18.80.1040 FINAL SITE PLAN The final scale drawings of a preliminarily approved development and any other required information, the approval of which by the Planning Director indicates that the required conditions for approval have been met. 18.80.1050. FLOOD OR FLOODING A general and temporal)' condition of pamal or complete inundation of normally dry lands from the overflow of a stream, or the unusual and rapid accumulation or runoff of surface waters from any source. 18.80.1060 FLOOD INSURANCE RATE MAP The map on which FEMA has delineated both the 100-year floodplains and the risk premium zones. 18.80.1070 FLOOD INSURANCE STIJDY The repon in which FEMA has provided flood profiles, as well as the Flood Boundaty/Floodway Map . and the water surface profiles. 18.80.1080 FLOODPLAIN Areas generally adjoining a stream that would be covered by floodwater of a lOO-year flood except for designated shallow flooding areas that receive less than one foot of water per occurrence. The floodplain consists of a floodway and floodway fringe. Floodplain regulations are found in Chapter 18.58, BMC. 18.80.1090 FLOODPLAIN ACT The Montana Floodplain and Floodway Management Act, ~76-S-101 et seq., MCA 18.80.1100 FLooDWAY The channel of a stream and the adjacent overbank areas that must be reserved in order to discharge a base flood (lOO-year flood) without cumulatively increasing the water surface elevation more than one- half foot. 18.80.1110 FLooDWAY FRINGE The ponion of the floodplain that is outside the limits of the floodway. 18.80.1120 FOOD PROCESSING FACILITY A facility in which food is processed or otherwise prepared for eventual human consumption but not consumed on the premises. 18.80.1130 FOOTCANDLE . A unit of light intensity stated in lumens per square foot and measurable with an illuminance meter. Ordinance # 1693: Effective March 24, 2007. page 80-13 18.80.1140 FREESTANDING SIGN Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. 18.80.1150 FRONT LINE OF BUILDING The line of the face of a building nearest the front lot line. 18.80.1160 FRONT YARD A yard extending across the full width of the lot between two side lot lines, the depth of which is the least distance between the street right-of-way and the front building line. 18.80.1170 GARAGE, PRIVATE A detached accessory building, or portion of a main building, designed or primarily used for the storage of self-propelled vehicles for the household housed in the building to which such garage is accessory. 18.80.1180 GARAGE, PUBLIC Any building or premises, except those defined herein as a private garage, used for the storage or care of motor vehicles; or where such vehicles are equipped for operation, repaired or kept for rental, hire or sale. 18.80.1190 GLARE The sensation produced by lighting that causes an annoyance, discomfort or loss in visual performance and visibility to the eye. 18.05.1200 GOVERNING BODY The governing authority of a city or town organized pursuant to law. In the City of Bozeman, the City Commission is the governing authority. 18.80.1210 GRADE The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point 5 feet distance from the wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of the building and the property line if it is less than 5 feet distance from the wall. If walls are parallel to and within 5 feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way. "Finished surface of the ground" shall not include window wells, stairwells or other similar features, but shall include features such as usable patio areas. 18.80.1220 GREEN An open space available for unstructured recreation, with landscaping consisting of maintained grassy areas, trees and other vegetation. 18.80.1230 GREENHOUSE A building or structure constructed chie.f1y of glass, glass-like translucent material, cloth, lath or similar materials which is devoted to the protection or cultivation of flowers or other plants. . . 18.80.1240 GROUND FLOOR AREA The square foot area of a building within its largest outside dimension computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces, garages, exterior staitways and . secondary staitways. Ordinance # 1693: Effective March 24, 2007. page 80-14 18.80.1250 GROSS ACREAGE . The total area of a parcel including the area of perimeter street rights-of-way to the centerline of the street. 18.80.1260 GROSS DENSITY The munber of residential dwelling units per unit of land used for residential purposes, with unit of land being the gross residential acreage.. 18.80.1270 GROUNOCOVER Natural mulch or plants of species which normally reach a height of less than 2 feet upon maturity, installed in such a manner so as to form a continuous cover over the ground. 18.80.1280 GROwrn POLICY An official public document adopted and used by a local government as a general guide for development and conservation decisions. It is not a regulation; rather, it is an official statement of public policy to guide growth and change. The required and optional elements of a growth policy are listed in ~ 76-1- 601, MCA. 18.80.1290 GUEST HOUSE An attached or detached accessory building used to house guests of the occupants of the principal building, and which is never rented or offered for rent. Any guest house providing cooking facilities (e.g. full size dishwasher, more than a bar sink, or a stove) shall be considered a dwelling unit. 18.80.1300 HEALTH AUlHORITIES . The State Department of Environmental Quality, local environmental health specialist or other authorized representative. 18.80.1310 HEALTH AND EXERCISE ESTABLISHMENTS An establishment designed and equipped for the conduct of sports, exercise actIVltleS and other customary and usual recreational activities, including tennis, racquetball, handball and squash courts, martial arts, gymnastics, weight and aerobic exercise rooms, running facilities, swimming pools, yoga, sport dancing, and whirlpool and sauna facilities. Permitted accessory uses shall include child care, sun tanning booths, massage, health and nutrition counseling services, retail sales of sporting goods and restaurant serviCes. . 18.80.1320 HEIGHT OF LOW PROFILE SIGN The vertical distance between the finished grade and the highest component of the sign. 18.80.1330 HEIGHT OF POLE STYLE SIGN The vertical distance between the elevation of the adjacent street curb, or edge of pavement if no curb exists, to the highest attached component of the sign. In the event that the finished grade of the sign location is higher, or lower, than the adjacent street curb or edge of pavement, the height shall be determined as the vertical distance from the median elevation between the adjacent street curb or edge of pavement and the lowest finished grade at the base of the sign to the highest attached component of the sign. 18.80.1340 HISTORIC SITE The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself possesses significant historic, cultural or archaeological value. The value of a site shall be based on the ability of the site to meet the Ordinance # 1693: Effective March 24,2007. page 80-15 eligibility requirements for historical significance as described by the National Register of Historic Places. 18.80.1350 HOME BASED BUSINESS Any business, occupation or activity undertaken for gain within a residential structure that is incidental and secondary to the use of that structure as a dwelling. Home based businesses are subject to the requirements of this title. . 18.80.1360 HOME OFFICE An accessory use in which work for compensation is undertaken, including, but not limited to, receiving or initiating correspondence, such as phone calls, mail, faxes or e-mail; preparing or maintaining business records; word and data processing; and telephone, mail order and off-premise sales. 18.80.1370 HOSPITAL An institution for the diagnosis, treatment or other cure of human ailments and which may include a sanitarium or clinic, provided such institution is operated by, or treatment is given, under direct supervision of a physician licensed to practice by the State of Montana. 18.80.1380 HOTEL OR MOTEL A building or a group of buildings in which lodging is provided and offered to transient guests for compensation; shall not include a boarding house, extended stay lodgings, lodging house or rooming house. 18.80.1390 HOUSEHOLD A person living alone, or any of the following groups living together as a single nonprofit housekeeping . unit and sharing common living, sleeping, cooking and eating facilities: A. Any number of people related by blood, marriage, adoption, guardianship or other duly-- authorized custodial relationship; B. Not more than four unrelated people, including persons enrolled in an institution of higher learning; C. Two unrelated people and any children related to either of them; or D. Not more than four people who are: 1. Residents of a "Community Residential Facility" as defmed in ~ 76-2-411 et seq., MCA and this title; or 2. "Handicapped" as defined in the Fair Housing Act, 42 USC ~3602 (h). This definition does not include those persons currently illegally using or addicted to a "controlled substance" as defined in the Controlled Substances Act, 21 USC ~ 802 (6). E. "Household" does not include: 1. Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie, cooperative housing or like organization; 2. Any group of individuals whose association is temporary or seasonal in nature; or 3. Any group of individuals who are in a group living arrangement as a result of criminal offenses. . Ordinance # 1693: Effective March 24, 2007. page 80-16 18.80.1400 ILLUMINANCE Afbe quantity of light measured in footcandles or lux. The density of the luminous flux incident on a ~urface; it is the quotient of the luminous flux by the area of the surface when the latter is uniformly illuminat.ed. 18.80.1410 IMMEDIATE FAMILY A spouse, children by blood or adoption, and parents. 18.80.1420 INCIDENTAL Any action or use of less importance, or secondary to, any other action or use. 18.80.1430 INCIDENTAL SIGN A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message, which is designed with the intent to be legible from a position off the zone lot on which the sign is located, shall be considered incidental. 18.80.1440 INDUSTRY, HEAVY Those industries whose processing of products results in the emission of any atmospheric pollutant, light flashes, glare, odor, noise or vibration which may be heard and/or felt off the premises and those industries which constitute a fire or explosion hazard. 18.80.1450 INDUSTRY, LIGHT Those industries whose processing of products results in none of the conditions described for heavy endustry. 18.80.1460 INTERCHANGE ZONE Districts created for the purpose of allowing larger and! or additional signage for the areas adjacent to the Interstate 90 interchanges at East Main Street, North 7th Avenue and North 19th Avenue which are located within the Entryway Overlay District, B-2 Zoning District and within 1,300 feet of the Interstate 90 right-of-way. 18.80.1470 IRREGULARLY SHAPED TRACT OF lAND A parcel of land other than an aliquot part of the United States Government survey section or a United States lot, the boundaries or areas of which cannot be determined without a survey or trigonometric calculation. 18.80.1480 lANDMARK A site, structure or object designated as a "landmark" pursuant to the procedures prescribed in Chapter 18.28, BMC, that is worthy of preservation, restoration or rehabilitation because of its historic land planning or architectural significance and officially recognized through listing in the National Register of Historic Places. A landmark shall be subject to all neighborhood conservation overlay district procedures and requirements. 18.80.1490 lANDSCAPE ARCHITECT A person licensed to practice landscape architecture in the State of Montana. .18.80.1500 LANDSCAPING At least 75 percent coverage of an area with natural grass, vegetative groundcover or other natural living plant materials, the remainder of which is covered with nonvegatative decorative landscape design Ordinance # 1693: Effective March 24, 2007. page 80-17 elements such as washed rock, lava rock, bark chips and ornamental features such as pools, fountains, benches, etc. For pwposes of this title, the term landscaping shall be considered to have the same . meaning as the terms landscape, landscaped and landscaped area. 18.80.1510 LARGE SCALE WIRELESS FACILITY A wireless facility 25 feet or greater in height from the base to the highest point including attachments. Examples of supponing structures are monopoles, self supponing Qattice) towers, guy-wire supported towers and other similar structures When calculating the height of a facility, other structures designed for other uses such as buildings or water towers shall not be included in the calculation. Some illustrated examples of large scale wireless facilities are shown in the appendix. 18.80.1520 LARGE SHRUB A shrub which normally reaches a height of 5 feet or more upon maturity, and usually has five or more canes. 18.80.1530 LARGE TREE A tree of a species which normally reaches a height of 25 feet or more upon maturity, and usually has a single stem. 18.80.1540 LEVEE A man-made embankment, usually earthen, designed and constructed in accordance with sound engineering practices to contain, control or diven the flow of water to provide protection from temporary flooding. 18.80.1550 LEVEE SYSTEM A flood protection system that consists of a levee, or levees, and associated structures, such as drainage and closure devices, which are constructed and operated in accordance with sound engineering practlces. . 18.80.1560 LIGHT CONSTRUCTION Any change not construed as an alteration or repair, including paving of established driving and parking areas (subject to the requirements of Chapter 18.46, BMC); construction of patios not greater than 120 square feet in size; construction of sidewalks not wider than 5 feet; and landscaping (but not including major changes in grading or site surface drainage). 18.80.1570 LIGHT GOODS REPAIR Establishments primarily engaged in the provision of repair services to individuals and households as well as businesses, but excluding automotive, boat and similar intensive repair use types. Typical uses include, but are not limited to, the repair of appliances, shoes or clothing, watches or jewelry, instruments, office equipment or electronics. 18.80.1580 LIGHT SOURCE A single artificial point source of light that emits measurable radiant energy in or near the visible spectrum. 18.80.1590 LIGHT TRESPASS Light emitted by a lighting installation that extends beyond the boundaries of the property on which the installation is sited. . Ordinance # 1693: Effective March 24, 2007. page 80~ 18 18.80.1600 LIMITED ACCESS e A way or means of allowing physical entrance to land at controlled locations or points. A "no access" strip or line may be placed on a plat as a means of limiting access. 18.80.1610 LIMITED ACCESS ROADWAY A street or road especially designed for through traffic, over which abutting land owners have no right to direct access. 18.80.1620 LOCAL SERVICES All services provided by governmental bodies for the benefit of citizens. These services include, but are not limited to, police, fire, water, recreation, streets, parks, libraries, schools, and wastewater and solid waste collection and disposal. 18.80.1630 LODGING HOUSE A building with not more than ten guest rooms where lodging with or without meals is provided for compensation to persons not meeting the definitions of household, community residential facility, cooperative household, fraternity or sorority. Also referred to as a boarding house. 18.80.1640 LOT A piece, parcel, plot, tract or area of land in common ownership created by subdivision or its legal equivalent for sale, lease or rent. A lot has the characteristics of being able to be occupied or capable of being occupied by one or more principal buildings, and the accessory buildings or uses customarily incidental to them, and including the open spaces required under this title, and having its principal lot frontage on a street. When one or more lots are held in common ownership they shall be treated a as e single lot for the purposes of development review and evaluation of compliance with the standards of this title. 18.80.1650 LOT AREA The total horizontal area within the boundary lines of a lot. 18.80.1660 LOT MEASUREMENTS A. Lot Depth. The horizontal distance of a line measured at a right angle to the front lot line and running between the front lot line and rear lot line of a lot. B. Lot Width. The distance as measured in a straight line, between side lot lines at the points of intersection with the required front building line. e. !-ot Frontage. The horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way. All sides of a lot that abuts a street shall be considered frontage. On curvilinear streets, the arc between the side lot lines shall be considered the lot frontage. D. Lot Area. The total horizontal area within the boundary lines of a lot. eD. 18.80.1670 LOT TYPES A. ('..orner Lot. A lot at a junction of, and fronting on, two or more intersecting streets. B. Interior Lot. A lot other than a comer or through lot. e. Double Frontage or Throul?:h Lot. A lot having frontage on two parallel, or approximately parallel, streets. Reverse Frontage Lot. A double frontage or through lot that is not accessible from one of the parallel or nonintersecting streets on which it fronts. Ordinance # 1693: Effective March 24, 2007. page 80-19 18.80.1680 LOT LINE, FRONT In the case of an interior lot, a line separating the lot from the street, in the case of a comer lot, a line . separating the narrowest street frontage of the lot from the street and in the case of a double frontage or through lot, a line separating the lot from the street from which a drive access may be permitted by the City. 18.80.1690 LOT LINE, REAR A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line. 18.80.1700 LOT LINE, SIDE Any lot boundary line not a front lot line or a rear lot line. 18.80.1710 LOT LINE, ZERO A concept utilized to permit a structure or wall of a building to be located on a property line. 18.80.1720 LOT WIDTH The distance as measured in a straight line, between side lot lines at the points of intersection with the required front building line. 18.80.1730 LOT WIlli RESIDENTIAL ADJACENCY Any of the following: A. A building site in a residential zoning district, if the site abuts or is directly across a street or alley . from an R-1, R-2, R-3, R-4 or R~O zoning district; B. A building site in a nonresidential zoning district, if the site abuts or is directly across a street or alley from an R-S, R~1, R-2, R-3, R-4 or R-O zoning district; C. An anificiallot in a residential district, if the lot is less than 200 feet from an R-I, R-2, R-3, R-4 or R ~O zoning district; or D. An anificiallot in a nonresidential zoning district, if the lot is less than 200 feet from an R-S, R- 1, R-2, R-3, R-4 or R-O zoning district. 18.80.1740 LOW-PROFILE SIGN A freestanding sign composed of a solid structure between finished grade and the top of the sign. Also referred to as a monument sign. 18.80.1750 LUMINAIRE A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative pans; also called the lighting fIXture. 18.80.1760 LUMINANCE The physical and measurable luminous intensity of a surface (e.g., a lamp, luminaire, reflecting material) in a specific area and measurable with an illuminance meter. The quotient of the luminous flux at an element of the surface surrounding the point, and propagated in directions defined by an elementary cone containing the given direction, by the product of the solid angle of the cone and area of the orthogonal projection of the element of the surface on a plane perpendicular to the given direction. The . luminous flux may be leaving, passing through and! or arriving at the surface. Ordinance # 1693: Effective March 24, 2007. page 80-20 18.80.1770 LUX . A unit of light intensity stated in footcandle. lumens per square meter. There is approximately 10.7 lux per 18.80.1780 MANUFACTURED HOME A factory~built, single-household structure that is manufactured under the authority of 42 USC ~5401, the National Manufactured Home Construction and Safety Standards Act, is built on a permanent chassis, and is used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. This definition specifically does not include recreational vehicles. Any dwelling meeting the definition of modular home is not a manufactured home. 18.80.1790 MANUFACfURED HOME LOT OR SPACE A lot for rent or lease in a manufactured housing community designated for the accommodation of one manufactured home and its accessory buildings or structures for the exclusive use of the occupants. 18.80.1800 MANUFACfURED HOME STAND That area of a lot for rent or lease which has been prepared for the placement of a manufactured home in a manufactured home community. 18.80.1810 MANUFACfURED HOME COMMUNITY Any piece of real property under single ownership or control for which the primary purpose is the placement of two or more manufactured homes for permanent residential dwellings and for the . production of income. A manufactured housing community does not include real property used for the display and sale of manufactured units, nor does it include real property used for seasonal purposes only, as opposed to year-round occupancy. Home sites within the community are leased to individual homeowners, who retain customary leasehold rights. 18.80.1820 MANUFACTURING The creation of products either with machinery or by hand according to an organized plan and with the division of labor. 18.80.1830 MANUFACfURING, LIGHT Fabrication of and! or assembly of goods from previously prepared materials. 18.80.1840 MEAN SEA LEVEL The National Geodetic Venical Datum (NGVD) of 1929 or other datum to which base flood elevations are references. 18.80.1850 MEDICAL OFFICES, CLINICS AND CENTERS An establishment where patients are admitted for special study and treatment by licensed health care professionals, including acupuncturists and chiropractors. 18.80.1860 MICRO-SCALE WIRELESS FACILITY A wireless facility, less than 10 feet in height from the base to the highest point, including attachments. When calculating the height of a facility, other structures designed for other uses such as buildings or . water towers shall not be included in the calculation. Ordinance # 1693: Effective March 24, 2007. page 80-21 18.80.1870 MINING The extraction of sand, gravel or other material from the land in the amount of four. hundred cubic . yards or more and the removal thereof from the site without processing. 18.80.1880 MINI.WAREHOUSE (WAREHOUSE, RESIDENTIAL STORAGE) A building or group of buildings in a controlled access and fenced or screened compound that contains relatively small storage spaces of varying sizes and! or spaces for recreational vehicles or boats, having individual, compartmentalized and controlled access for the dead storage of excess personal property of an individual or household generally stored in residential accessory structures, when such building or group of buildings are not located on the lot of the residence. 18.80.1890 MINOR SUBDIVISION A subdivision that creates five or fewer lots from a tract of record 18.80.1900 MOBILE HOME A transportable, manufactured structure, suitable for year-round single-household occupancy and having water, electrical and sewage connections similar to those of conventional dwellings. This deftnition applies only to units constructed prior to the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Compare with the definition of manufactured home. 18.80.1910 MOBILE OFFICE A factory assembled structure or structures exceeding 8 feet in width, originally equipped with the necessary service connections, and originally made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as an office without a permanent foundation, in compliance with all applicable state regulations, whether or not the running gear has been removed. . 18.80.1920 MODEL HOME A home constructed to display a builder's for sale or lease units but which does not serve as a dwelling unit until sold as a residence. 18.80.1930 MODULAR OR SECTIONAL HOME A dwelling unit meeting the standards of the International Building Code which was mass produced in a factory, designed and constructed for transportation to a site for occupancy when connected to the required utilities and when permanently anchored to a permanent foundation, whether intended for use as an independent, individual unit or in combination with other units to form a larger building, and which does not have integral wheel, axles or hitch. For the purposes of locating a dwelling according to the standards of this title there is no distinction made between a dwelling constructed wholly or partly off-site and a dwelling constructed on-site so long as they meet the standards of the City's adopted International Building Code. 18.80.1940 MONUMENT (PERMANENT MONUMENT) Any structure of masonry, metal or other permanent material placed in the ground which is exclusively identiftable as a monument to a survey point, expressly placed for surveying reference. 18.80.1950 NATURAL ENVIRONMENT The physical conditions which exist within a given area, including land, water, mineral, flora, fauna, noise, light, and objects of historic or aesthetic significance. . Ordinance # 1693: Effective March 24, 2007. page 80-22 18.80.1960 NEIGHBORHOOD COMMERCIAL CENTER A=ommercial uses oriented at serving the needs of neighborhoods. These areas are typified by smaller .cale shops and services, and a high level of pedestrian, bicycle and transit opportunities. Neighborhood commercial centers are intended to suppon and help give identity to individual neighborhoods by providing a visible and distinctive focal point. A neighborhood commercial center may also contain uses that draw from more than the immediate vicinity, especially when located adjacent to anerial streets. Activities commonly expected in this classification are daycares, smaller scale groceries, bakeries, coffee shops, retail stores, small restaurants, offices and residences above other uses. 18.80.1970 NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT An area designated as the neighborhood conservation overlay district on the City zoning map pursuant to the procedures set fonh herein. . 18.80.1980 NET RESIDENTIAL DENSITY The number of residential dwelling units per buildable unit of land, excluding any land used or to be used as street rights-of-way, parks, public buildings or private nonresidential uses. For calculating net residential density, the following formula shall apply: D= du A ~ (c+i+s+a+d) Where D = Residential density du = Total number of dwelling units in project A = Total site area (acres) c = Total commercial land area (acres) i = Total industrial land area (acres) s = Reserved but undedicated school or park sites (acres) a = Street, public or private, rights-of-way and transponation easements (acres) d = Dedicated park lands, conservation easements, or common open spaces (acres) 18.80.1990 NEW CONSTRUCTION Development commenced on or after the effective date of the ordinance codified in this title. 18.80.2000 NONBROADCAST TELECOMMUNICATION FACILITY A facility used for the transmission or enhancement of telecommunications which does not include the presence of antennas, as defined in this title. A nonbroadcast telecommunication facility does not include office use, materials storage or other similar uses. 18.80.2010 NONCANOPY TREE A large tree which in its native state has at maturity canopy vegetation less than 6 feet above the ground. 18.80.2020 NONCOMMERCIAL SPEECH Any sign wording, logo or other representation that does not directly or indirectly name, advenise or call attention to a business, product, service or other commercial activity. 18.80.2030 NONCONFORMING SIGN .. sign that does not conform to the provisions of Chapter 18.52, BMC. Ordinance # 1693: Effective March 24,2007. page 80-23 18.80.2040 NONCONFORMING STRUCTURE Any structure which was legal prior to the effective date of the ordinance codified in this chapter which . fails to comply with the building location standards, and! or size requirements of the applicable zone of this title in which it is located. 18.80.2050 NONCONFORMING USE An existing use of land or building which was legal prior to the effective date of the ordinance codified in this title but which fails to comply with the requirements set forth in this title applicable to the zone in which such use is located. 18.80.2060 NOXIOUS MA TIER OR MATERIAL Material capable of causing injwy to living organisms by chemical reaction or capable of causing detrimental effects on the physical or economic well-being of individuals. 18.80.2070 NURSING HOME An extended or intermediate care facility licensed or approved to provide full time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infinnity, are unable to care for themselves. 18.80.2080 NURSERY, PLANT Facilities for commercial development, growth and sale of plants and/or for the utilization of and storage of equipment for landscaping operation and wholesale and/or retail or commercial gardening supplies. 18.80.2090 OFF-PREMISE SIGN A sign which advertises or directs attention to products or activities that are not provided on the parcel upon which the sign is located. 18.80.2100 OFFICES Buildings or portions of buildings in which commercial activities take place but where goods are not produced, sold or repaired. These include but are not limited to general and professional offices; governmental offices; insurance offices; real estate offices; taxicab offices (but not taxi stands); travel agency or transportation ticket offices; telephone exchange; utility offices; radio broadcasting and similar uses. . 18.80.2110 OFFICIAL FLOODPLAIN MAPS The Flood Insurance Rate Maps and Flood Boundary /Floodway Maps provided by FEMA for the City dated July 15, 1988 and incorporating any approved updates or revisions. 18.80.2120 ONE-HUNDRED YEAR FLOOD A flood having a one percent chance of being equalled or exceeded in any given year. A 100-year flood has nearly a 23 percent chance of occurring in a 25-year period A 100-year flood is the same as a base flood 18.80.2130 OPEN SALES (OR RENTAL) LOT Any land used or occupied for the purpose of buying, selling or renting for use away from the premises, any goods, materials or merchandise, and for the exterior storing of same prior to sale or rental. . Ordinance # 1693: Effective March 24, 2007. page 80-24 18.80.2140 OPEN SPACE . A land or water area devoid of buildings and other physical structures except where accessory to the provision of recreation, including but not limited to benches, picnic tables and interpretive signage. 18.80.2150 OPEN SPACE, USABLE That space which is capable of being used by the public for recreation, relaxation and social purposes. Parking lots and perimeter landscaping are specifically excluded from this definition of usable open space, except as allowed by ~18.36.090, BMC. 18.80.2160 ORDINARY HIGH WATER MARK The outermost line caused by water impressing on land and covering it for sufficient periods to cause physical characteristics that distinguish the area below the line from the area above it. Characteristics of the area below the line include, when appropriate, but are not limited to, deprivation of the soil of substantially all terrestrial vegetation and destruction of its agricultural vegetative value. A floodplain adjacent to surface waters is not considered to lie within the surface water's high water marks. 18.80.2170 OVERLAY ZONE A zone superimposed upon an underlying zone which establishes special requirements in addition to, or in lieu of, those of the underlying zone. 18.80.2180 PARAPET That part of the wall which extends above the roof. For the purposes of this title relating to signage, the top of the parapet shall be considered to be the roofline. 18.80.2185 PARK . For the purposes of this title only, park means an open space, as defined in this title, under the ownership or other legal control of the City of Bozeman which provides area for active and passive recreational purposes. 18.80.2190 PARKING AREA An area, other than a street or alley designated for use, or used, for temporary parking of vehicles. 18.80.2200 PARKING SPACE, OFF-STREET A space designated for the temporary parking of a motor vehicle not on the right-of-way or alley but accessible from a street or alley. 18.80.2210 PARTYWALL Any wall of a building or structure which is common to two or more buildings, and which has a minimum of one-hour fire-resistant construction as defined and regulated by the latest adopted International Building Code. 18.80.2220 PATI-lWAY A facility that accommodates the recreational and! or transportation needs of pedestrians and bicyclists, including sidewalks, bike lanes, boulevard trails and trails. 18.80.2230 PAVED PARKING SPACE OR SURFACE An area covered by an impervious dust free surface of asphalt or concrete designed to specifications of . the City Engineer. Ordinance # 1693: Effective March 24,2007. page 80-25 18.80.2240 PENNANT Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, . suspended from a rope, wire or string, usually in series, designed to move in the wind 18.80.2250 PERMEABLE PAVEMENT A paving material that permits water penetration to a soil depth of 18 inches or more. Permeable pavement may consist of nonporous surface materials poured or laid in sections not exceeding one square foot in an area and collectively comprising less than two-thirds of the total surface area. 18.80.2260 PERMITTED USE A use which is lawfully established in a particular district or districts and which conforms with all requirements, regulations and performance standards of such district. A permitted use may be a principal use, an accessory use or a conditional use. 18.80.2270 PERSONAL AND CONVENIENCE SERVICES Businesses offering services such as barbershops, beauty shops, tailors, shoe repair, tattooing, massage, laundromats, laundry and dry cleaning pickup and delivery stations, and similar uses. Some production of finished goods may occur as an activity accessory to the delivery of services. 18.80.2280 PERSONAL PROPERTY Property, other than real property, consisting of things temporal and movable. 18.80.2290 PERSONS Includes any individual or group of individuals, corporations, partnerships, associations or any other organized group of persons, including state and local governments and agencies thereof. 18.80.2300 PLANNED UNIT DEVELOPMENT (PUD) A land development project consisting of residential clusters, industrial parks, shopping centers, or office building parks or any combination thereof that compose a planned mixture of land uses built in a prearranged relationship to each other and having open space and community facilities in a common ownership or use, and/or public parkland. . 18.80.2310 PLANNING BOARD The Bozeman Planning Board. 18.80.2320 PLANNING DEPARTMENT The Bozeman Department of Planning and Community Development. 18.80.2330 PLANNING DIRECTOR The Director of the Bozeman Department of Planning and Community Development and the person charged with the administration of this title unless otherwise specifically noted in this title. 18.80.2340 PLAT A graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications. 18.80.2350 PLAZA An area generally open to the public on a controlled basis and used principally for passive recreational activities and relaxation. Plazas are paved areas typically providing amenities such as seating, drinking and ornamental fountains, art, trees and landscaping for use by pedestrians. . Ordinance # 1693: Effective March 24, 2007. page 80-26 18.80.2360 POLE SIGN eA freestanding sign which is supported by a column(s) or other structural member(s) that is permanently attached to the ground or a ground~mounted structure and provides a minimum of 8 feet of visible, vertical clearance between the bottom of the sign and finished grade. 18.80.2370 PORTABLE SIGN Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business. 18.80.2380 PRESERVATION BOARD The Bozeman Historic Preservation Advisory Board. 18.80.2390 PRIMARY ACCESS The major access to a subdivision. The major access generally carries the most traffic as determined by the traffic engineering study. 18.80.2400 PRINCIPAL USE A use or structure which determines the predominant or major use of the lot on which it is located The principal use shall be that use which establishes the character of the property relative to surrounding or adjacent properties. 18.80.2410 PRIVATE STREET e A right-of-way usable by the public but maintained by a property owners association. 18.80.2420 PROJECTING SIGN Any sign affixed to a building or wall in such a manner that its leading edge extends more than 6 inches beyond the surface of such building or wall and is perpendicular to such building or wall. 18.80.2430 PROPER ACCESS Either an improved public street or road, maintained by the City of Bozeman, Gallatin County or the State of Montana; or a street or road built to the standards provided in these regulations. 18.80.2440 PROPERTY OWNER Any person, fllTIl, corporation or other entity shown as being the legal owner of a tract, parcel or lot in the records of the County Clerk and Recorder. 18.80.2450 PROPERTY OWNERS ASSOCIATION An association incorporated or not incorporated, combining individual property ownership with shared use or ownership of common property or facilities, or shared maintenance of subdivision or community facilities. This definition includes condominium associations. 18.80.2460 PUBLIC BUILDING A building, supported by government funds, to be used in an official capacity on behalf of the entire communIty. e Ordinance # 1693: Effective March 24,2007. page 80~ 27 18.80.2470 PUBLIC HEALTH AND SAFETY A condition of optimal well-being, free from danger or injwy, for a community at large, not merely for . an individual or small group of persons. 18.80.2480 PUBLIC IMPROVEMENT Any structure or facility constructed to serve the residents of a subdivision or the general public such as parks, streets, sidewalks, curbs, gutters, street lighting, utilities and systems for water supply, sewage disposal and drainage. 18.80.2490 PUBLIC STREET OR ROAD A street or road for which the right-of-way has been dedicated to the public. 18.80.2500 REAL PROPERTY Property consisting of buildings and! or land. 18.80.2510 REAR YARD A yard extending across the full width of the lot between the two side lot lines the depth of which is the distance required by this title between the rear property line and the rear building line. 18.80.2520 RECREATIONAL VEHICLE A vehicular type portable structure without permanent foundation, which is built on a single chassis; which is designed to be self-propelled or permanently towable by a light duty truck; primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes less than 8 feet in width and 50 feet in length. 18.80.2530 RECREATIONAL VEHICLE PARK A plot of ground upon which two or more sites are located, established or maintained for occupancy by the general public as temporary-living quarters for travel, recreation or vacation purposes. . 18.80.2540 RECREATIONAL VEHICLE SPACE A lot for rent or lease within a recreational vehicle park designed for the placement of a single recreational vehicle and the exclusive use of its occupants. 18.80.2550 RELOCATION Any movement of a structure, on the same site or to another site. 18.80.2560 REPAIR Any change not otherwise construed as light construction or an alteration, as herein defined, that constitutes replacing broken, worn or damaged materials with like, not necessarily identical, materials and is insignificant to the size and condition of the structure or property. Repainting and reroofmg shall be included under this definition of repair. 18.80.2570 REQUIRED FRONT BUILDING LINE The line nearest to the from and across a lot establishing the minimum open space to be provided between the front line of a building and the front lot line. See also definition of "setback line". 18.80.2580 REQUIRED REAR BUILDING LINE The line nearest to the rear and across a lot establishing the minimum open space to be provided . between the rear line of a building and the rear lot line. See also definition of "setback line". Ordinance # 1693: Effective March 24, 2007. page 80-28 . . . 18.80.2590 REQUIRED SIDE BUIWING LINE The line nearest to the side and extending between the required front building line and required rear building line establishing the minirmun open space to be provided between the side line of a building and the side lot line. See also definition of "setback line". 18.80.2600 REQUIRED YARD The minimum dimension of a front, side or rear yard as established by the use regulations for each district. 18.80.2610 RESTAURANT Any restaurant (except a drive-in restaurant or a convenience food restaurant as defined in this chapter), coffee shop, cafeteria, short -order cafe, luncheonette, sandwich stand, drugstore and soda fountain serving food. 18.80.2620 RETAIL The rental or sale of tangible personal property for any purpose other than for resale. 18.80.2630 RETAIL, LARGE SCALE The sale of tangible personal property for any purpose other than for resale where the total area utilized by a single tenant, exclusive of parking, occupies 40,000 square feet or more. 18.80.2640 REVOLVING SIGN Any sign which all, or a portion of, may rotate either on an intermittent or constant basis. 18.80.2650 RIDGE LINE A relatively narrow elevation that is prominent because it rises at an angle of 25 percent or greater; an elongated crest, or series of crests, with or without individual peaks, significantly higher than the adjoining ground and ohen acting as the hydrologic dividing line between two or more drainage areas. 18.80.2660 RIDGELINE PROTECTION AREA A ridgeline protection area is the area within 150 feet horizontal feet of a ridgeline, measured perpendicular to the ridgeline when the ridgeline is: A. Located in an area above 4,900 feet in elevation above mean sea level; and B. When the elevation of a line parallel to the ridgeline loses either: 1. At least 10 feet in vertical elevation on both sides of the ridgeline within 100 feet; or 2. At least 30 feet in vertical elevation on both sides of the ridgeline within 300 feet. 3. A combination of the two standards where one side of the ridgeline meets one loss of elevation standard and the opposite side meets the other. 18.80.2670 RIGHT-OF-WAY A linear public way established or dedicated for public purposes by duly recorded plat, deed, easement, grant, prescription, condemnation, governmental authority or by operation of the law and intended to be occupied by a street, crosswalk, railroad, electric transmission lines, water line, sanitary sewer line, stormsewer line or other similar uses. 18.80.2680 ROADWAY That portion of the street or road right-of-way which is improved or is proposed to be improved to cany traffic and provide for the on-street storage of automobiles; where curb is provided, the roadway is measured from back-oF-curb to back-oF-curb. Ordinance # 1693: Effective March 24,2007. page 80-29 18.80.2690 ROOF SIGN Any sign erected and constructed on and over the roof of a building, supported by the roof structure, . and extending vertically above any portion of the roof. Roof signs shall not include signs located on a mansard roof if the sign is mounted vertically and integrated with the roof. For the purpose of this chapter, architecturally integrated mansard signs and other architecturally integrated signs located below the principal roof line shall be classified as wall signs. 18.80.2700 SCHOOL Any 1) pre-primary, primary or grammar, public, parochial or private school or high school; 2) preparatory school or academy, public or founded, or owned or conducted by or under the sponsorship of a religious or charitable organization; 3) private preparatory school or academy furnishing courses of instruction substantially equivalent to the courses offered by public high schools for preparation of admission to college or universities which award B.A. or B.S. degrees; 4) junior college or university, public or founded, or conducted by or under the sponsorship of a religious or charitable organization; or 5) private school when not conducted as a commercial enterprise for the profit of individual owners or stockholders. 18.80.2710 SCREENING A method of visually shielding or obscuring an abutting or nearby structure or use from another through the use of solid or nearly solid barriers (e.g., wall, fence, plantings, berms). 18.80.2720 SECURITY LIGHTING All outdoor lighting used for, but not limited to, illwnination for walkways, roadways, equipment yards, parking lots and outdoor security where general illumination for safety or security of the grounds is the pnmary concern. 18.80.2730 SECOND OR SUBSEQUENT FRONT YARD OR CORNER SIDE YARD A yard on a comer lot the area of which is bounded by a line extending from the front of the principal building (the front building line) to a point intersecting the side street right-of-way line (side lot line), then along the side lot line to a point intersecting the rear lot line, then along the rear lot line to a point intersecting the line formed by extending the wall of the nearest principal building paralleling the side lot line. 18.80.2740 SETBACK The distance from the property line to the nearest part of the applicable building, structure or sign, measured perpendicularly to the property line. 18.80.2750 SETBACK LINE That line that is the required minimwn distance from the street right-of-way or public access easement line or any other lot line that establishes the area within which structures must be placed, as specified in this title. . 18.80.2760 SEWER, PUBLIC Any sanitary sewer line owned and maintained by the City, whether or not installed by the City. 18.80.2770 SHARED ACCESS A ftxed automotive and pedestrian access location from a street to two or more adjoining properties which mutually have the right and ability to use the access, and which has been established by an . easement or other legally binding means. Ordinance # 1693: Effective March 24,2007. page 80-30 18.80.2780 SHOPPING MALL . multi-tenant retail structure where tenants are located on both sides of a covered walkway with direct edestrian access to all establishments from the walkway. 18.80.2790 SIGN Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. 18.80.2800 SIDE YARD A yard extending between the front building line and the rear building line, the width of which is the least distance between the side lot line and the nearest part of the principal building. 18.80.2810 SITE PLAN A scale drawing showing the accurate location of all structures, streets, alleys and parking areas, existing and proposed, on subject property or any other information as may be required by this title. 18.80.2820 SMALL SCALE WIRELESS FACILITY A wireless facility less than 25 feet in height from the base to the highest point including attachments. Examples of supporting structures are monopoles, self supporting Qattice) towers, guy-wire supported towers and other similar structures. When calculating the height of a facility, other structures designed for other uses such as buildings or water towers shall not be included in the calculation. TIlls definition excludes those facilities meeting the definition of micro-scale wireless facility. Some illustrated examples of locations for possible small scale wireless facilities are shown in the appendix. .8.80.2830 SMALL TREE A tree of a species which normally reaches a height of less than 25 feet upon maturity. 18.80.2840 SOIL A medium in which plants will grow. 18.80.2850 SPECIAL EVENT SIGN A temporary sign which advertises special civic events and activities such as street fairs, community festivals, parades, farmers markets and charity benefits. 18.80.2860 SQUARE Open space that may encompass an entire block, is located at the intersection of important streets, and is set aside for civic purposes, and consists of paved walks, lawns, trees and civic buildings. 18.80.2870 STABLE, COMMERCIAL Any building or complex of buildings and pastures which is designed, arranged, used or intended to be used for equestrian purposes, where less than 75 percent of the capacity is for the use of the owner or resident of the property. A public stable is an agricultural activity. 18.80.2880 STABLE, PRIVATE Any building located on a lot which is designed, arranged, used or intended to be used for not more than four horses for the private use of the owner of the lot, but shall not exceed 6,000 square feet in .ea. Ordinance # 1693: Effective March 24, 2007. page 80-31 18.80.2890 START OF CONSTRUCTION The commencement of clearing, grading, filling or excavating to prepare a site for construction. . 18.80.2900 STEALTH, OR CAMOUFLAGED Placement of a wireless facility in such a way that it may not be discerned as being separate from the principal use of a site. This may be accomplished through visual screening, use of color or encasement of the facility within an existing structure such as a steeple. A stealth installation may also include the placement of a new structure to contain the facility so long as the new structure complies with the height, setback and other requirements of the zoning code or is otherwise exempt from those requrrements. 18.80.2910 STREET A right-of-way, dedicated or otherwise legally established, for public use by motorized and non- motorized vehicles and pedestrians, usually affording the principal means of access to abutting property. 18.80.2920 STREET FRONTAGE Any property line separating a lot from a street other than an alley; the front lot line. 18.80.2930 STREET, PUBLIC Any street which has been dedicated to or is otherwise publicly owned. Any street not a public street shall be deemed a private street. 18.80.2940 STREET TYPES For the purposes of these regulations, street types are defined as follows: A. Alley. A street used primarily for vehicular access to the rear of properties which abut and are . served by public or private streets. B. Arterial. A street or road having the primary function of moving traffic with emphasis on a high level of mobility for through movement and the secondary function of providing limited access to adjacent land Arterial streets are generally designated in the Bozeman transportation plan, however, streets not depicted in the Bozeman transportation plan may be designated as arterials by the City Engineer. 1. Principal Arterial. Serves the major centers of activity, the highest traffic volume corridors, and the longest trip distances in an urbanized area. This group of streets carries the highest proportion of the total traffic within the urban area with typical loads of 10,000 to 35,000 vehicles per day. Most of the vehicles entering and leaving the urban area, as well as most through traffic bypassing the central business district, utilize principal arterials. Significant intra-area travel, such as between central business districts and outlying residential areas, and between major suburban centers, are served by major arterials. 2. Minor Arterial. Interconnects with and augments the urban principal arterial system. It accommodates trips of moderate length and at a somewhat lower level of travel mobility than principal arterials, and it distributes travel to smaller geographic areas. With an emphasis on traffic mobility, this street network includes all arterials not classified as principal arterials while providing access to adjacent lands. Minor arterials typically cany 5,000 to 15,000 vehicles per day. e. Collector. A street or road that provides equal priority to the movement of traffic, and to the . access of residential, business and industrial areas. This type of roadway differs from those of the arterial system in that the facilities on the collector system may traverse residential Ordinance # 1693: Effective March 24, 2007. page 80-32 . D. neighborhoods. The system distributes trips from the arterials to ultimate destinations. The collector streets also collect traffic from local streets in the residential neighborhoods, channeling it into the arterial system. Collectors typically cany 2,000 to 10,000 vehicles per day. Collector streets are typically designated in the Bozeman transportation plan, however, additional streets may be designated as collectors by the City Engineer. . Cul-de-sac. A street having only one outlet for vehicular traffic and tenninating in a turnaround area. Dead-End Street. A street having only one outlet for vehicular traffic. Half-Street. A portion of the width of a street, usually along the outside perimeter of a subdivision, where the remaining portion of the street must be located on adjacent property. Local Streets. A street having the primary purpose of permitting access to abutting lands and connections to higher systems. Generally, service to higher speed traffic movements are intentionally discouraged. They typically cany 1,000 to 3,000 vehicles per day but can cany in excess of 6,000. Loop. A local street which begins and ends on the same street, generally used for access to properties and to control traffic access to arterials or collectors. E. F. G. H. 18.80.2950 STRUCTURE Anything constructed or erected which requires location on the ground; and for the purposes of floodplain review anything which may impede, retard or alter the pattern of flow of water in a floodplain. 18.80.2960 STRUCTURAL ALTERATION ~y change in the supporting members of a building, such as bearing walls or partitions, columns, ~eams or girders, or any change in the exterior walls or the roof. 18.80.2970 SUBDMDER Any person, firm, corporation or other entity who causes land to be subdivided or who proposes a subdivision of land. 18.80.2980 SUBDMSION A division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one~quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to or possession of the parcels may be sold, rented, leased or otherwise conveyed, and shall include any resubdivision, and shall further include any condominium or area, regardless of its size, that provides or will provide multiple space for recreational camping vehicles or manufactured homes. A subdivision shall comprise only those parcels less than 160 acres that cannot be described as a one~quarter aliquot part of a United States government section when the parcels have been. segregated from the original tract, and the plat thereof shall show all such parcels whether contIguOUS or not. 18.80.2990 SUBDMSION OR DEVELOPMENT CONSTRUCTION YARD A temporary office and/or vehicular and material storage yard 18.80.3000 SUBSTANTIAL DAMAGE af:,amage sustained by a structure where the cost of restoring the structure to its condition before damage ~.ould equal or exceed 50 percent of the market value of the structure before the damage occurred as detennined by Gallatin County's last equalized assessment roll. Ordinance # 1693: Effective March 24, 2007. page 80-33 18.80.3010 SUBSTANTIAL IMPROVEMENT Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 . percent of the market value of the structure either: A. Before the improvement or repair is started; or B. If the structure has been damaged, and is being restored, before the damage occurred For the purposes of this definition, substantial improvement is considered to occur when the first construction to any wall, ceiling, floor or other structural part of the building commences. The term does not include: 1. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or 2. . Any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places. 18.80.3020 SUITABLE FILL Fill material which is stable, compacted, well-graded, pervious, generally unaffected by water and frost, devoid of trash or similar foreign matter, devoid of tree stumps or other organic material and is fitting for the purpose of supporting the intended use and! or permanent structure. 18.80.3030 SURVEYOR (REGISTERED LAND SURVEYOR) A person licensed in conformance with the Montana Professional Engineers, Registration Act (~37-67- 101 through ~37 -67 -332, MCA) to practice surveying in the State of Montana. 18.80.3040 SWAP MEET Any permanent or temporary sales or lot where the sale or trade of goods, materials and merchandise takes place outside any permanent structure, from within temporary structures or from vehicles and where several sellers or traders may congregate for the purpose of selling or trading. 18.80.3050 TEMPORARY USE A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period 18.80.3060 TRANSIT STOP Improvements and facilities at selected points along transit routes for passenger pickup, drop off and waiting. Facilities and improvements may include shelters, benches, signs, structures and other improvements to provide security, protection from the weather and access to nearby services. 18.80.3070 TOWNHOUSE A dwelling unit, located on its own lot, that shares one or more common or abutting walls with one or more dwelling units, each located on its own lot. A townhouse does not share common floors/ ceilings with other dwelling units. 18.80.3080 TOWNHOUSE CLUSTER A building consisting of three or more noncommunicating, attached one-household units placed side by side and/or back to back, with no unit located over another, and having a common wall between each two adjacent dwelling units. Ordinance # 1693: Effective March 24, 2007. page 80-34 . . 18.80.3090 TRACT OF RECORD . An individual parcel of land, irrespective of ownership, that can be identified by legal description, independent of any other parcel of land, using documents on fue in the records of the County Clerk and Recorder's Office. 18.80.3100 UNIFORMITY RATIO In outdoor lighting, a measure indicating how evenly light is distributed across a surface as expressed in a ratio of one value to another, such as average to minimum, or maximum to minimum. Using ratios, perfect uniformity would be 1: 1. 18.80.3110 USE The employment or occupation of a building, structure or land for a person's service, benefit or enJoyment. 18.80.3120 VARIANCE A modification or variation of the provisions of this title as applied to a specific piece of property. 18.80.3130 VIOLATION The failure of a structure, subdivision, use of land or other development to be fully compliant with this title. 18.80.3140 WALL SIGN Any sign painted on, attached to or erected against the wall of a building, structure, canopy or awning with the exposed face of the sign parallel to the plane of said wall or structure. The sign must be . attached in a manner so that it does not extend 6 inches beyond the wall. 18.80.3150 WAREHOUSE An enclosed building designed and used primarily for the storage of goods and materials. 18.80.3160 WATERCOURSE Any stream, river, creek, drainage, waterway, gully, ravine or wash in which some or all of the water is naturally occurring, such as runoff or springs, and which flows either continuously or intermittently and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow. In the event of a braided or other multiple channel configuration of a watercourse, the area of the watercourse shall be that area lying between the two outermost high water marks, as defined in this title. The term watercourse shall not be construed to mean any facility created exclusively for the conveyance of irrigation water or stormwater. The City may consult with other agencies with expertise in this matter when there is a question of whether a particular water body is a watercourse. 18.80.3170 WETLAND Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. The provisions contained in these regulations do not apply to wetlands created by a wholly man-made water source used for irrigation purposes or stormwater control. .18.80.3180 WHOLESALE The sale of goods and merchandise for resale instead of for direct consumption. Ordinance # 1693: Effective March 24,2007. page 80-35 18.80.3190 WILDLIFE Animals that are neither human, domesticated, nor feral descendants of commonly domesticated . animals. 18.80.3200 WILDLIFE HABITAT The place or type of habitat where wildlife naturally lives. 18.80.3210 WINDOW SIGN Any sign painted, attached, glued or otherwise affixed to a window for the purpose of being visible from the exterior of the building. 18.80.3220 WIRELESS FACILITY An unstaffed facility for the transmission or reception of radio frequency (RF), microwave or other signals for commercial communications purposes, typically consisting of an equipment enclosure, an antenna support structure and one or more antennae. This definition excludes amateur radios, Essential Services (Type I), satellite earth stations and private receive-only antennae, such as for the reception of television signals. 18.80.3230 WRECKING YARD A place, lot or area where the primary- function is that of dismantling, storage, abandonment or sale of goods and materials as pans or scraps. 18.80.3240 YARD A space on the same lot with a principal building, which is open and unoccupied from the ground upward or from the ground downward. other than by steps, walks, terraces, driveways, lamp posts and . similar structures, and unobstructed by structures, except as otherwise provided in this title. 18.80.3250 ZONING COMMISSION The Bozeman Zoning Commission. 18.80.3260 ZONING MAP A map or maps with all notations, dimensions, references and symbols shown thereon depicting individual zoned districts in accordance with this title. . Ordinance # 1693: Effective March 24, 2007. page 80-36 . APPENDIX A ILLUSTRATIONS FIGURE 18.16.050 LOCAL STREETS SETBACK FOR DWELLING AND GARAGE, EXCEPT THE R-S DISTRlCf /' ,/. /" Z~___. '--r / /' /' ./ --/-_ / Reo . / -r~4,../l.(I"'f.,.( -~7 --- /. 41e Se.,tk -.( - I? f ... QCI:; . / B!.i'/' ~ f-( d / / 4/J'l:) $f+b / qck;. .-! /1 , " -~-.l..!}o 'P<!,: "I' L/ -~e . / LoC' AL S'If\l:: E::j FIGURE 18.18.050 B-2 DISTRICT SETBACKS FOR LOCAL AND ARTERIAL STREETS Art.e.x iaJ stre~+ \' I I I I '1' IBvJ'tUh"., the- , '\B~~" "l-oVle I ~----.----.----.~~----.- \ o o s:> - 50' CIo.S9 1. ::25' a \I ofhe.r <trterjalS V'l ~ ~ + . Appendices.l FIGURE 18.38.060 PERMITTED ENCROACHMENT INTO YARDS . /., / / ~ . ---------" FIGURE 18.38.060 ZERO LOT LINE . ,./ ../. - <..... '-.:-'. ". '" ... .'. .............,../".:-... '" .<>.~..<<-- - ,-. , ',-' , ',. "''''.- :-.-:.".. ~ ."> '<'.' \: ".>.'./ I... '" ,/ '.'. ... / /" 1. ,. ',,/ / ~/,.<>>,';.(J t...o+ Li~:(;.)".// /' " ... ./ "':' <<. .;;::';-..~ .' .:' ,..,.,;'/ ./&. .. ......... ,. ...,/. , ",. ",," /' - .;, , V" /' ,. . " '''': . . -' /: ,,'" . .: '<> - <, /" . ; ,.< ........, . "':~", " " ~:, ',.: .'/ ' -".-> ',-<:. > -/ '., /"" ./. ........ ...... ./ ./ ". . -' '--,../;'./ '...:,:.".: .;)" 'v' . Appendices-2 FIGURE 18.42.030 LOT AND FIGURE 18.42.040 BLOCK . ----1 l-\o Ac..CeS5 Soft...- j P ------ Rtvtt> e. A-ohtD43e l-llt I . k-- g,o~ L.e...n94h A. l\t .ir- --- -- l~tt.\-;or (O"her Lo+ Vii L.o+ L' 00\1'0\.... L I .-n 2t' ", :il ..' "', .' l~'rou, ~ , .S' Vj 'to I.... FrDYI ta.1 e. T ..Lot Will#,.. ~+ Lilt /)(p~ Lo+ I' , ~ r '610 c4C FIGURE 18.42.100-1 WIDTH OF WATERCOURSE SETBACK EXAMPLE Ck4\'\W\e..1 ) . 1L ''\ Blo* w ,'e:( tt, ,/ I I E)(~ 10 +te~ Aue to Q~tV't\9e. s' ope as .ft Mot cout\te~ as tf. So -'+. ~ .ft. E xtI"'A.. Cou~",Ul hO+.-l...J count~ '0 .ftef C.DUV1R'\ Appendices-3 WA1E~OVR.SE' SET~^c..K FIGURE 18.42.100-2 PLAN VIEW OF WATERCOURSE SETBACK FACTORS . Re1" we" Si!'" FIGURE 18.42.100-3 SECTION VIEW OF WATERCOURSE SETBACK . '\ C.l"4hM \ ZOhe. 2. - 40 ~rc.t..V\+ TOTAL SET.5ACK- 100 PERCENT . Appendices-4 FIGURE 18.42.110 RIDGELINE PROTECTION AREA . ~d~e.lir'e Pratec+ioJ:'"% one 3x ~/ ." /..../' " "/,% .~~>~j~. /~ ~ . FIGURE 18.42.130 FENCES . -_._,....,.,..,.,.-~~~"==--_. ..~"----. ~-- .~ ------___.. str~(.t V;si'~ Appendices-5 \)is+o.v'\(( ~ x FIGURE 18.42.150 LIGHTING \ \ '" No: --....-.. '- ~ - \\ '- /,"- , ,txpostd ~'b Shil')i Vlj 01.('" S\.iY\1;V1~ old. (.\~i:\ \,\ P ; \ / \ \ \t\icUtV\ bu\b s,^iniV19 dow\1 SWn"'lI9 c:\OWV\ FIGURE 18.44.090 ACCESS p,.. i "0. tG Ac.c..tSs P\tl.\ic. SPu. + Distanc.t. ... ~ J( . , . -- "-- S,,",i'rli'^9 Ov.+ \ 101.0 110 shi!\,( Y\ia~~t' blA\b sh.iVlI\')~ doW'A . -l- ~ ~ ~ .~ - ..... ::s b... ) . x~ re.l~v{,\V\+ eJisttlYJC(" rll..~\Aireo{ by 18.4-1:0'10 Appendices-6 . . . FIGURE 18.44.090 RESIDENTIAL ACCESS ONTO LOCAL STREETS r--,: : :'~' -'-'-' ~''-'.G :.-:--. _. ~. -'.-:-:"l .. . I ~ .. . . . . . (. ..:( ":.:/ i \Anit lAtlit ! "ni + \AV\.,t i i "~' "l!>" I ~ A" .,~" i i J I 10,:1 L.. MIN FIGURE 18.44.100 STREET VISION TRIANGLES S-Iretf I x~ ''-'' :1 , > ''-, 1 Vl ! '" -+ )(.50' if f,tI,er s#-eet is (UI'\ Q.....ttr;l7..f )( = to' -fDr "'lIrdor Oo.l 10c..1 Hrlth [IJ Po o.\I,y Dr !~ I dti<two.y 1/ Lfl I I" """T\;h<}r'- '~,... ~' .\ ! \ I Appendices- 7 ..--..--....-..---...-.. .-.-......--.----.--------... ...,.... FIGURE 18.46.020 PARKING STALL DIMENSIONS / CoVV\po.c..t sp~ce.~ (j).S'1o MO./<) IClnt.ls~e.. iSIQ,rvA --- , ;}O-----f u tJ u. '-----i o J,~-1' jL------181_._~ f---;1 5 . c:- 'l ,.4. s; " 0"" ""i C> ~ ~ ." .$l ~ .,... 3' d ~ t <;) 0_ 3 ? x . FIGURE 18.46.040.D DISABLED ACCESSIBLE PARKING SPACES ~ VAN ACCESS/6LE $100 FfNf WITHOUT PEf<<.M\f --1L 1 ')o" fyOW'Yl- bbttO,^ of Ci~~ to ,ro\.lrtd fY\US+ bt cloSt sf ~"Q't s +0 M" i t'\ t~+r..V'lce ~ 18' . Appendices-8 -' .._._-,.-.~_._--'-_.,... JW\ \SAS.05Q.G DllAl\NSlONS Of ",CCf.p'fJ'$Ll\ Lj\NDSCAPl\ lA"'1"l\WJ\LS co. \ife.Y fl\t(l$v.'("t.~ Q); Q~r\ . fIGURE 1852 SIG"NS . Xl =- ~ \~~-\: i-.I N'pendices-9 FIGURE 18.58 SEctION VIEW OF FLOODPLAIN 100 YE AR FLOODPl-AIN F\oocl Fr-it..ge flooclwtl.'1 fl40tl, Fril'\ge FIGURE 18.80.410 BUILDING HEIGHT StrtA M ~OA\ ne. I Gto.de. Botl"ts t'\a:lC. Ht'9l-d . . . Appendices-tO FIGURE 18.80.2600 REQUIRED YARD ~ Also illustrates other sections relating to yards . . 'I..\r~ '0o",lt.vtAY'o i W \ ..--... " ___ .. --.... II' ~" ....-.-... ............ . -, r 'F~;-t ! Fr~~ _~ rr-----ITr- ,. · I it I l I \l l[ leV. ..~I ~ I~! ~ ~1 I ~! W- -- --Lfl----1 t! L .~~.:.._ .~.~~~. _lj FIGURE 18.80.1510 LARGE SCALE WIRELESS FAOLITY . Lt\#ice (i-l,\ ~ ~ ct MOhOpQ((.I Appendices-ll FIGURE 18.80.2820 SMALL SCALE WIRELESS FAOLITIES I' Qhiehl1t1.. . a ~ ClV\ +e.""~\O" . ~ . . Appendices-12 . APPENDIXB DEVELOPMENT REVIEWPR<X:EDURES SUMMARY This is a summary of the review procedures contained in the unified development ordinance. It is provided as an aid to tmderstanding and does not in any way alter the standards of the ordinance. Please consult the complete ordinance for details of the various review procedures. The review for application types are cumulative. For example, a Certificate of Appropriateness with a deviation would require the application and review for both types of application and would be finally decided by the Gty Commission. A more detailed outline of the review process is contained in Appendix C and in brochures prepared by the Planning Department. All references are to the Bozeman Municipal Code. Table A-1 . (A) (B) (C) (D) APPLICATION TYPE RECOMMENDING DEOSION APPLICABLE BODY 3 MAKER SECTION # Sketch Plan None Planning Staff 18.34.050 Signs None Planning Staff 18.52.060 Site Plan2 DRC, DRBt,ADRt, WRB Planning Director Chapter 18.34.010 Master Site Plan2 DRe, DRBl, ADRl, WRB Gty Commission 18.34.010-100; 18.34.120-210 Final Site Plan (also applies to final DRC Planning Director 18.34.130 CUP) Conditional Use PemUt 2 DRC, DRB, ADR, WRB Gty Commission Chapter 18.34 Reuse Planning Staff Planning Director 18.34.170 Amendment to Approved Plan Planning Staff, DRC, ADR Planning Director 18.34.150 Special Temporary Use PemUt None Planning Director 18.34.190 Planned Unit Development DRC, DRB, WRB2 Gty Commission Chapters 18.34 & 18.36 Certificate of Appropriatenessl ADR, DRB Planning Director 18.34.110 Floodplain Permit Enginecring Gty Engineer Chapter 18.58 Subdivision Exemption Planning Staff Planning Director Chapter 18.10 Minor or Major Subdivision DRC, ADR, WRB2 Gty Commission Chapter 18.06 & Preliminary or Final including 18.66.070 variances plat3 . Appendices-13 (A) (B) (C) (D) APPLICATION TYPE RECOMMENDING DE 0 SION APPLICABLE BODY} MAKER SEctION # Deviation! ADR, ORB Gty Conunission 18.66.050 Zoning Variance! ADR, DRB Gty Conunission 18.66.060 Administrative Decision Appeals2 DRe, ORB, ADR, WRB Gty Conunission 18.66.030 Administrative Interpretation Planning Director Gty Conunission 18.66.040 Appeals Zone Map Amendment Zoning Conunission Gty Conunission Chapter 18.70 lIDO Text Amendment Zoning Commission Gty Conunission Chapter 18.68 and! or Planning Board I Respcrnsibility far desiWl miew lxtW:'J?fl A DR ani DRB is detemina1 by S 18.62.0 1O.A. 2.e, BM C ? Chapter 18.62, BM C, desailxs the wriats cirrurnitances 71here are ar rmre if the A DR, DRB, or WRB paniapate in pnjfft miew J Re1iew by other atpcies nuy be rfYjUiral7ihen thae a[plCies 'IJ.aI!d be affet18i by a pnjfrt Appendices-14 . . . . . . Sketch Plan for Regulated Activities Within Regulated Wetlands, Not in Conjunction with a Development Proposal Note: Length of time for review depends upon scheduling constraints_ Step 1 Step 2 Step 3 Step 4 Step 5 t:' tT1 ~ t"'" o ~ ~ tT1 Z ~ ~~ -~ tT1m ~z ~t:' ~- 0>< CiCi tT1 (f.J (f.J ~ t"'" ~ Ci :t > ~ \.F.J Submittal Checklist Requirements Satisfied 1 1 '). i\ pplica tion Reviewed :p :'l \"\letlands Planning Notiiication 11 Submitted to -. .1..gainst the Review Board -+ Director "-' j Planning Submittal to " Department Checklist Review Decision .1.. pplicant 1 i.i "<;;f;.__~E_ -." '~'-""'... "~:i';! ~ "0 ~ ::: Q.. n~ n '" I ..... 111 I-----_t'----j i Submittal i i Checklist i i Requirements i i Not Satisfied i - - L...__. _ _,_ __ _ ,J ... 1-'---'-'---'1 - - 1 .1..p plica tion 1 ! Returned to ! ! the Applicant ! 1 1 L...._._._._._.J Kate: .1..11 applications \vill be noticed in compliance \vith Chapter 76 of the UDO, 1.1.. determination that the submittal checklist requirements are satisfied means that all required materials have been submitted, or a written narrative provided explaining why materials are not provided or are not applicable_ ~ 'rj I'D = Q.. n' I'D "' , ... a-. Reuse, Change in Use or Further Development of a Site Developed Prior to 9-3-1991 Note: Length of time for review depends upon scheduling constraints. Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Submittal Application Planning Staff Planning Notification Checklist Deemed -+ Staff -+ Report ~ Director -+ to Requiremen ts Complete2 Review Prepared Decision Applicant Satisfied1 I ~ I Application Reviewed Application City Submitted to 4 Against the Reviewed for Engineer Planning Submittal Completeness Revie'N Department Checklist ":.":"., _._._.t._._._ 1-'- _.i.._._. 1 1 1 Submittal 1 I Application 1 Checklist 1 I Deemed 1 Requirements 1 I Incomplete 1 Not Satisfied 1 ! L-. - .-. r' _._..J ~._._,_._._, 1 + + 1-'-'-'-'-'-'1 1-'-'-'-'-'- -I 1 iI. P plication I 1 .>\.pplica tion ! 1 Returned to I 1 Returned to 1 1 the Applicant ! 1 the Applicant I 1 I 1 1 L-. _._. _ ._. _..J L-., _._, _ ._._ j . :Note: All applications \\111 be noticed in compliance ,"vith Chapter 76 of the UDO. I A determination that the submittal checklist requirements are satisfied means that all required materials have been submitted, or a written narrative provided explaining why materials are not provided or are not applicable. 2A determination of completeness means the application contains all of the required elements in sufficient detail and accuracy to enable the applicable review agency to make a determination that the application either does or does not conform to the requirements of the UDO or other applicable regulations. A determination of completeness does not restrict the City from requesting additional information during the review process. . . . . . Reuse, Change in Use or Further Development of a Site Developed Prior to 9-3-1991 With a Certificate of Appropriateness - NO DEVIATIONS Note: Length of time for review depends upon scheduling constraints. Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Administrative Design Review Submittal Application Planning Staff Planning :0J o tification Checklist Deemed f--.+ Staff -+ Report ....... Director -. to Requirements CompleteZ Revtew Prepared Decision Applicant Satisfied1 1 ~ I Application Reviewed ,-\pplication Clty Submitted to -+ ,-\ gains t the Reviewed for Engineer Planning Submittal Completeness Review Department Checklist ~ n ::t Q.. ii' n '" , .... -..J _._._.t -'-'j _._._:t._._. J I 1 Submittal 1 I Application 1 Checklist 1 I Deemed J Requirements 1 I Incomplete i Not Satisfied 1 I . . '-.-. - '1' -. _..J '-'-'-'1'-'-' '" '" 1- -'-'-'-'-'j 1-'-'-'-'-'- -I I Application I I .-\pplication 1 1 Returned to I 1 Returned to I I the Applicant I 1 the Applicant I I I I I '-._. _ ._. _._..J '--.-, - .-. -'- .J Note: ,-\11 applications ;,vill be noticed in compliance ;,vith Chapter 76 of the UDO. 1A determination that the submittal checklist requirements are satisfied means that all required materials have been submitted, or a written narrative provided explaining why materials are not prO'ltided or are not applicable. zA determination of completeness means the application contains all of the required elements in sufficient detail and accuracy to enable the applicable review agency to make a determination that the application either does or does not conform to the requirements of the UDO or other applicable regulations. A determination of completeness does not restrict the City from requesting additional information during the review process. Reuse, Change in Use or Further Development of a Site Developed Prior to 9-3-1991 With a Certificate of Appropriateness - WITH DEVIATIONS Note: Length of time for re-vie,>v depends upon scheduling constraints. Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Administrative Design Review Submittal Application Planning Staff City Notification Checklist Deemed --. Staff --. Report .-. Commission -+ Requirements to Complete2 Revtew Prepared Public Hearing Applicant Satisfiedl and Decision c I '\. I ApplicatIOn Reviewed Application City Submitted to --. Against the Reviewed for Engineer Planning Submittal Completeness Review Department Checklist ... ? "C ~ = Q. ri' ~ '" , .... 00 1-.- -.i'-.-.l 1 Submittal i 1 Checklist i 1 Requirements i I Not Satisfied i . . .....-.-.r.-.-..J Application Returned to the l\pplicant ....._._._._._..J . I-'-.-.i..-.- 1 1 Application 1 1 l)eemed I 1 ) 1 Incomplete ) .....-.-.r.-.-..J '" 1-'-.-'-.-.-.1 . . 1 Application I 1 Returned to I 1 the Applicant I 1 I ....._._._._._..J Note: ill! applications ,>vill be noticed in compliance with Chapter 76 of the UDO. lA determination that the submittal checklist requirements are satisfied means that all required materials have been submitted, or a written narrative provided explaining why materials are not provided or are not applicable. 2A determination of completeness means the application contains all of the required elements in sufficient detail and accuracy to enable the applicable revie\v agency to make a determination that the application either does or does not conform to the requirements of the UDO or other applicable regulations. A determination of completeness does not restrict the City from requesting additional information during the re,Tiew process. . . . . . Sketch Plan3 With a Certificate of Appropriateness - NO DEVIATIONS :.Jote: Length of time for review depends upon scheduling constraints. Step 1 Step 2 Step 3 Step 4 Step 6 Step 7 Step 5 Submittal .;;;1 Application Ad minis trative !b. Checklist Deemed Design l!I Requirements Complete2 Revie\v Satisfied1 , I I Application Reviewed Application Planning Staff Planning Notification Submitted to --+ Against the Reviewed for Staff --+ Report r+ Director --. to Planning Submittal Completeness Review Prepared Decision Applicant Department Checklist ~ "r:l I'D = Q.. (i' I'D '" I .... 'D _._._.t._._._ 1 I i Submittal i i Checklist i . . 1 Requirements 1 i Not Satisfied I . . ""'-'-'r.-.-.j ..- 1-'-'-'-.-'-'1 1 1I.pplication I 1 Returned to I 1 the .".pplicant I 1 I . . ....._. _ ._._. _.J _._._ .t.._. _._ I I I Application I ! Deemed ! I I Incomplete I I . . ..... -.-. r'-' _.J ..- 1-'-'-'-'-'-.-1 ! ,".pplication I ! Returned to I ! the Applicant I 1 1 ....._. _ ._._._..J Note: All applications will be noticed in compliance with Chapter 76 of the UDO. 1.1.. determination that the submittal checklist requirements are satisfied means that all required materials have been submitted, or a written narrative pro'\~ded explaining why materials are not pro....-ided or are not applicable. 2A determination of completeness means the application contains all of the required elements in sufficient detail and accuracy to enable the applicable review agency to make a determination that the application either does or does not conform to the requirements of the UDO or other applicable regulations. A determination of completeness does not restrict the City from requesting additional information during the review process. 3The following projects qualify for sketch plan re....-iew: individual single-household, two- household, three-household, and four-household residential units on indi....-idual lots; manufactured homes on indi\-idual lots; fences; signs; special temporary uses; and accessory structures associated with these uses. Sketch Plan3 With a Certificate of Appropriateness - WITH DEVIATIONS Note: Length of time for review depends upon scheduling constraints. Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Submittal Application Administra tive Checklist Deemed Design Requirements Complete2 Review Satisfiedl I "l. I Application Reviewed Application Planning Staff City Notification Submitted to .'\gainst the Commission -+ Reviewed for Staff -+ Report -+ ~ to Planning Submittal Completeness Review Prepared Public Hearing Applicant Department Checklist and Decision > '0 '0 o :f Q.. (i' o '" ~ r.-.-.t'-'-'l 1- _._,'1:.._._ I i Submittal i 1 Application 1 1 Checklist 1 1 Deemed j 1 Requirements 1 I Incomplete I 1 Not Satisfied I I 1 '-.-, -'T"' _._..J '- _._._._._..J 1 + + 1- -'-'-'-'-'-1 1-'-'-'-'- I 1 .'\pplication I I i\ pplication I 1 Returned to 1 I Retumedto I I the Applicant 1 I the .'\pplicant I 1 1 I 1 ,-,_._,_._._,.J ,-,_._._._._,.J . Note: All applications \1.~1 be noticed in compliance -with Chapter 76 of the UDO. 1.'\. determination that the submittal checklist requirements are satisfied means that all required materials have been submitted, or a written narrative provided explaining why materials are not provided or are not applicable. 2.'1. determination of completeness means the application contains all of the required elements in sufficient detail and accuracy to enable the applicable re"ciew agency to make a determination that the application either does or does not conform to the requirements of the UDO or other applicable regulations. A determination of completeness does not restrict the City from requesting additional information during the review process. Yfhe following projects qualify for sketch plan reviel."~ individual single-household, two- household, three-household, and four-household residential units on individual lots; manufactured homes on individual lots; fences; signs; special temporary uses; and accessory structures associated with these uses. . . . . . Site Plan Review Note: Length of time for re"i.ew depends upon scheduling constraints. Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Submittal .A. P P licatio n Development Staff Planning Notification Che cklis t Deemed ~ Review !-+ Report ~ Director !-+ to Requirements Complete2 Committee Prepared Decision Applicant Satisfiedl Meeting 3 I I Application Reviewed DRC Meeting 1 DRC },.{eeting 2 \'{Tetlands Submitted to H Against the --+ Re"i.ew Board Planning Submittal Re"i.ew for Completeness (if applicable) Department Checklist Completeness Determination ~ "t:l n = c.. ii' n '" I N .... _._._.t,_,_._ I I I Submittal I i C hecklis t i . . ! Requiremen ts I I Not Satisfied I _._,_.t._._._ I I . . I Application I I Deemed I I Incomplete I I I . . '-'-'-'r.-.-.J . . '-.-, -'r'-'- ,J \' _. _.t. _. _., i\pplication Returned to the Applicant _,_,_.t._._._ I I . . ! Application ! ! Returned to ! I the Applicant I i I . . '-._,_, _, _._ ,J . . ,-._._._._._.J Note: .c\ll applications will be noticed in compliance with Chapter 76 of the UDO. 1;\ determination that the submittal checklist requirements are satisfied means that all required materials have been submitted, or a written narrative provided explaining why materials are not provided or are not applicable. 2A determination of completeness means the application contains all of the required elements in sufficient detail and accuracy to enable the applicable review agency to make a determination that the application either does or does not conform to the requirements of the UDO or other applicable regulations. A determination of completeness does not restrict the City from requesting additional information during the review process, Step 1 Site Plan Review With a Certificate of Appropriateness - NO DEVIATIONS Note: Length of time for review depends upon scheduling constraints. Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Submittal .i\ P plication Design Review Checklist Deemed Board or ADR Requirements Complete2 Staff Review Satisfied' I I Application Rev1.ewed DRC i\Ieeting 1 D RC !\.[eeting 2 Development Staff Plannmg Notification Submitted to f--+ Agains t the f-+ Rev1.ew -+ --+ Director --- Planning Submittal Review for Completeness Committee Report to Department C hecklis t Completeness Determination ll,fee ting 3 Prepared Decision Applicant t _._._.t._._._ 1-'-'-'-'-'-'1 I I J Submittal I I Application I Wetlands I C hecklis t I I Deemed I Review Board I Requirements I I Incomplete I (if applicable) I Not Satisfied I I I . . ,-._._.!._._.J '-'-'-'1'-'- .J ? '!;;l fI ::t Q. .... o fI rn , N N . _._._.t._._._ I I ! AppltcatlOn I I Returned to I I the Applicant I I I '- ._._._._._.J _.t._._._ I I I I I I- I Application I Returned to I the Applicant I Kote: .i\11 appltcations will be noticed in compliance with Chapter 76 of the UDO. I A determination that the submittal checklis t requirements are sa tis fied means that all required materials have been submitted, or a written narrative provided explaining why materials are not prov1.ded or are not applicable. 21\ determination of completeness means the application contains all of the required elements in sufficient detail and accuracy to enable the applicable reView agency to make a determination that the application either does or does not conform to the requirements of the UDO or other applicable regulations. A determination of completeness does not restrict the City from requesting additional information during the re,1.ew process. ~._,_._._,-,..1 . . . Step 1 > :g n> = Q. n' "' '" , N (.;;l Application Submitted to Planrung Department . . Site Plan Review With a Certificate of Appropriateness - WITH DEVIATIONS Note: Length of time for review depends upon scheduling constraints. Step 2 Submittal Checklist Requirements Satisfied1 T ...... Reviewed Against the Submittal Checklist t r'-'-'-'-'-'j I Submittal I I Checklist I I Requirements I I Not Satisfted I L..'_'_'j._._.J I-,_._.t'-'-'j Application Retumedto the Applicant L.-,_._._._._ j Step 3 DRC Meeting 1 Review for Completeness Step 4 Application Deemed Complete2 T DRC Meeting 2 ~ Completeness Determination _._._.t.._._._ I I I Application I i Deemed I i i . Incomplete . I I . . L.-'-'-'r.-.-.J _._._,t._ I I I I I -'j Application I Returned to I the .~pplicant I I '-._._ ,_._._.J Step 5 Step 6 Step 7 Step 8 Design Review Board or ADR Staff Review Development ~ City Staff N otiflcation Review -+ Report -- Commission f-+ Committee Public Hearing to r.Ieeting 3 Prepared and Decision Applicant Wetlands Review Board (if applicable) l'ote: All applications will be noticed in compliance with Chapter 76 of the UDO. 1A determination that the submittal checklist requirements are satisfted means that all required materials have been submitted, or a written narrative provided explaining why materials are not provided or are not applicable. 2i\ determination of completeness means the application contains all of the required elements in sufficient detail and accuracy to enable the applicable review agency to make a determination that the application eIther does or does not conform to the requirements of the UDO or other applicable regulations, A determination of completeness does not restrict the City from requesting additional information during the review process. Step 1 Master Site Plan Review Note: Length of time for review depends upon scheduling constraints. Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Submittal Application Design Review C hecklis t Deemed Board Requirements Complete2 Review Satisfiedl I T DRC 1Ieeting 2l ~ ,"'H ."-pp lica tion Reviewed DRC Meeting 1 Development ". ~ City ~.i :E Staff t... Notification Submitted to "\gainst the Review .')'j Commission ---. ...... \..... Report r+ To Planning Submittal Review for Completeness Committee Prepared Public Hearing Applicant Department Checklist Completeness Determination i\Ieeting 3 and Decision 1-' _._..t -'-'1 1-' -.-.t'-'-l 1 Sub mi ttal I 1 .\pplication I \,,'etlands I I Checklist I 1 Deemed I Review Board I Requirements I 1 Incomplete 1 (if a pp lica b Ie ) I Not Satisfied 1 I I '-.-.-.t".-.-. J '-'-'-'r.-.-.J >- "0 "0 1'1 :t Q. (i' n <n I N .... . 1-' . _.t. _. _._ _. _. _.t. _. _._ I 1 I 1 Application I 1 . \pplic a tion I 1 Returned to I 1 Returned to I 1 the Applicant I 1 the Applicant I I 1 1 I L..._._._._._.J L-. _'_'_'_'_ .J Note: All applications will be noticed in compliance with Chapter 76 of the UDO, 1"\ determination that the submittal checklist requirements are satisfied means that all required materials have been submitted, or a written narrative provided explaining why materials are not provided or are not applicable. 2}\ determination of completeness means the application contains all of the required elements in sufficient detail and accuracy to enable the applicable review agency to make a determination that the application either does or does not conform to the requirements of the UDO or other applicable regulations. A determination of completeness does not restrict the City from requesting additional information during the review process. . . . . . Conditional Use Permit :Note: Length of time for review depends upon schedulmg constraints. Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Submittal Application Development Staff City Notification Checklist Deemed -. Review -+ Report -+ Commission -. to Requirements Complete2 Committee Prepared Public Hearing Applicant Satisfied! Meeting 3 and Decision I I Application Reviewed DRC j\Ieeting 1 DRC Meeting 2 \\7etlands Submitted to f-+ Against the f-+ Review Board Planning Submittal Review for Completeness (if applicable) Department Checklist Completeness Determination > :g n ::I Q.. n' n 7l I N \Tl r.-.-.t'-'-'l i Submittal i i Checklist i i Requirements i i Not Satisfied i . . '"-'-'-'r'-'-'.J _. _. _.t. _. _._ I I . . ! Application I I Returned to I I the Applicant I I I '-._._._._._..1 _._._1._._._ I I . . ! Application ! ! Deemed ! ! Incomplete I I I '"-'-'-'r'-'-'.J _._._.t._._ I I I I I Application Retumedto the Applicant ,"-._._._._._..1 Note: All applications will be noticed in compliance with Chapter 76 of the UDO. 1..1. determination that the submittal checklist requirements are satisfied means that all required materials have been submitted, or a written narrative provided explaining why materials are not provided or are not applicable. 2,\ determination of completeness means the application contains all of the required elements in sufficient detail and accuracy to enable the applicable review agency to make a determination that the application either does or does not conform to the requirements of the UDO or other applicable regulations. A determination of completeness does not restrict the CJty from requesting additional information during the review process. Conditional Use Permit With a Certificate of Appropriateness Note: Length of time for review depends upon scheduling constraints. Step 1 Step 4 Step 2 Step 3 Step 5 Step 7 Step 8 Step 6 Submittal Application Design Review Checklist Deemed Board or ..-\.DR Requirements Complete2 Staff Review Satisfied1 I I Application Reviewed DRC Meeting 1 DRC Meeting 2 Development ~ Staff I City ~ otification Submitted to -+ Against the ~ Review -+ -+ CommisslOn -+ Planning Submittal Review for Completeness Committee Report Public Heanng to Department Checklist Completeness Determination i'vfeeting 3 Prepared and Decision Applicant ( ~,-'" ''{;..-, ~;;;..;,.;;;;.' .. _' _. _.t. _' _._ 1'-'-'-'-'-" I I Submittal . . I I I ..-\.p P lic a tion I \v'etlands i Checklist i I Deemed I Review' Board i Requirements i I Incomplete I (if applicable) i Not Satisfied i I I . . . . L-._._. 1"" ,_._..J L-'-'-'r'-'-'.J ? 't:I ~ ::l c.. n' ~ '" 1 N Q'\ 1-'-' _.t " _.t._._._ 1'- I I .\pplication I I .\pplication I I Returned to 1 I Returned to I I the Applicant I I the Applicant I I f I I L-.__._._._._..J iL.-._._._._._.'; . . N"ote: All applications will be noticed in compliance ,-,,<ith Chapter 76 of the UDO, lA determination that the submittal checklist requirements are satisfied means that all required materials have been submitted, or a written narrative provided ell.-plaining why materials are not prm<ided or are not applicable. 2A determination of completeness means the application contains all of the required elements in sufficient detail and accuracy to enable the applicable review agency to make a determination that the application e1ther does or does not conform to the requirements of the lJDO or other applicable regulations. A determination of completeness does not restrict the City from requesting additional information during the review process. . . . . Planned Unit Development - Concept Plan Review (Step 1) Note: Length of time for revie'l.v depends upon scheduling constraints. Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 ~ "'C ~ ::t Q.. .... r'l /1l '" I tj Submittal Application Design Review Checklist Deemed Board Requirements Complete2 Review Satisfied 1 . T I Application Reviewed DRC ""leeting 1 DRC l'..Ieeting 2 Development Comments Comment Submitted to ~ Against the ~ Review -+ Compiled & r--. Sent to Planning Submittal Review for Completeness Committee Department Checklist Completeness Determination ;'vIeeting 3 Summarized Applicant 1- _._t._._ 1 I' - ._i:.. -' -'1 1 Submittal 1 I Application I \'i?etlands 1 Checklist I I Deemed I Review Board 1 Requirements I I Incomplete t (if applicable) I Not Satisfied I I I .... .-. _ ''1'_' _..J ""'-'-'r'-'- j Application Returned to the Applicant _._._.t._._._ I I ! Application ! ! Returned to t I the Applicant I I I ....._._._._._..J '- ._. _ ._._. _..J Note: All applications ",,111 be noticed in compliance with Chapter 76 of the UDO. lA determination that the submittal checklist requirements are satisfied means that all required materials have been submitted, or a written narrative provided explaining why materials are not provided or are not applicable. 2.\ determination of completeness means the application contains all of the required elements in sufficient detail and accuracy to enable the applicable revie'l.v agency to make a determination that the application either does or does not conform to the requirements of the UDO or other applicable regulations. A determination of completeness does not restrict the City from requestingadditional information during the re'\1.ew process. Step 1 ~ ('I t:l C. (i' ('I 'f N 00 Application Submitted to Planning Department . Step 2 Submittal C hecklis t Requirements Satisfted1 I 4 Reviewed Against the Submittal Checklist t 1-'-'-'-'-'-'1 i Submittal i i C hecklis t i i Requirements i I Not Satisfted I ~._._.t"._._.J _. _. _.t, _. _._ 1 1 . . 1 .\pplication I 1 Returned to I I the Applicant I I I ~._._._,_._.J Planned Unit Development - Preliminary Plan Review (Step 2) ~ote: Length of time for review depends upon scheduling constraints, Step 3 DRC jldeeting 1 Review for Completeness Step 4 Application Deemed Complete2 I DRC J'vIeeting 2 f-+ Completeness Determination Step 5 Step 6 Step 7 Step 8 _._._.t._._._ I 1 . ' 1 .\pplication I I Deemed I I I I Incomplete I . . ~'-'-'r._.-,J 1-.-.-.i'-'-'l . ' I Application I I Remrned to I I the Applicant I I I , . Io-.._._._____..J Design Review Board Review Development Review Committee :\'feeting 3 City Commission Public Hearing and Decision Staff Report Prepared ~ Notiftcation To .\pplicant --+ 1---+ \v'etlands Review Board (if applic able) }.,' ote: All applications will be noticed in compliance \llith Chapter 76 0 f the UDO, 1,'1. determination that the submittal checklist reqUttements are satisfied means that all required materials have been mbmitted, or a written narrative provided explaining why materials are not provided or are not applicable. 2,'1. determination of completeness means the application comains all of the required elements in sufficient detail and accuracy to enable the applicable review agency to make a determination that the application either does or does not conform to the requirements of the UDO or other applicable regulations, .\ determination of completeness does not restnct the Clty from requesting additional information during the review process, . . . Planned Unit DeVe!opme' Final Plan ReView (S<cp 3) Note: Length of time for review depends upon schedul1ng constraints. . Submittal Application No Changes Planning Checklist Deemed .... --+ Director Requirements Complete2 ."'-D Rand Decision 1 Sa tis tied 1 DRC Review .~ I I ,\pplication Reviewed Application ~1inor ChangesJ Submitted to '"'-gainst the Optional ORB Optional City Planning N oritication Planning 4 Submittal Reviewed for ...... f-+ and/or \'{7RB !-+ Commission --+ Director 1--+ tu Completeness ADR and DRC .\dvice .",-dvlCe Decision ."'-pplicant Department Checklist Review ,- "'$:',,-'0#l _._._.t.__ 1 _._._-L._ _. 1 1-'-'-'-'-'-1 1'-'--'-'-'1 1 1 1 Submittal 1 1 ,\ P plica tion 1 i !\1ajor Changes4 i I Application 1 1 Checklist 1 I 1 -.i l.- . ..I Returned-..."tart i e Step 1 Step 2 Step 3 ~ "0 I'D t:l ~ n' I'D "' , N '" Deem d Incomplete I Requirements i Not Satisfied .....-.-.r.-.-..J 1 I .....-.-.r.- t t 1 '-'-'-'---'-1 1-'-'-'-'-' -'1 1 ."'-pplication 1 1 Application 1 1 Returned to 1 I Returned to 1 1 the Applicant 1 I the .",-pplicant 1 1 1 1 1 L...._._._._._..J ....._._._._._.J Step 4 Step 5 Step 6 Step 7 Step 8 1 1 J i },DR and DRC i i Review I 11..-._._._._._,.1 P r eli rrunary Plan Review '-- _._._._._,.J Note: .\11 applications \Vill be noticed in compliance v,lith Chapter 76 of the UDa. 1,",- determination that the submittal checklist requirements are satisfied means that all required materials have been submitted, or a written narrative provided explaining why materials are not provided or are not applicable. 2.",- determination of completeness means the application contains all of the required elements in sufficient detail and accuracy to enable the applicable review agency to make a determination that the application either does or does not conform to the requirements of the UDO or other applicable regulations. ."'- determination of completeness does not restrict the City frum requesting additional information during the review process. 3]1..1inor changes shall not significantly affect the location and placement of buildings; the shape or arrangement of lars and blocks; cause a change of uses; reduce or relocate the allocation of reserved open space; reduce or relocate the allocation of affordable housing units; increase density and/ or intensity of the project; or, in general, change the overall design or intent uf the project. 4Major changes include a change in tht: character of the development; an increase of more than 2 percent in the approved number of dwelling units; an increase of more than 2 percent in the improved gross floor area of commercial or industrial buildings; a reduction in the approved open space and/ ur affordable housing to be provided; a change in the location and placement of buildings; and an increase in the number oElot.,. Step 1 Preliminary Plat - First Minor Subdivision from a Tract of Record Note: Length of time for review depends upon scheduling constraints_ Step 2 Step 3 Step 4 Step 5 Step 7 Step 8 Step 6 Application Application Development Staff Planning City Review Board Commission Deemed Deemed >-+ -+ Report ---+ Advice and " ---+- Complete1 Sufficientz Committee Prepared Pu blic :\Ieeting r-Ieetin g 3 Recommendation and Decision I I ~ Application Application DRC i'vIeeting 1 DRC Meeting 2 \'{;'etlands tl Submitted to Reviewed Notification ---+- ---+- Review Board ". Planning for Review for Sufftciency to Department Completeness Sufficiency Determination (if applicable) Applicant >- :g o :: ~ );' o <Il ~ o . I---,-,t--'-'l _ _ _. _ _t _ _, _ __ I I Application I I Application I Deemed I I Deemed I Incomplete I I Insufficient I 1 I I ... -'-T--'--.1 L- ,-, --r' ____J r - - - _.t, - - --, _,_,__t,___,_ I I Application I I Application I Returned to I I Returned to I the Applicant I I the Applicant I I I I L..-._._._._._ J L..-._, _._. _._.J Note: All applications will be noticed in compliance with Chapter 76 of the UDO_ 1A determination that the submittal is complete means that all required materials have been submitted, or a written narrative provided explaining why materials are not provided or are not applicable_ 2A determination of sufficiency means the application contains all of the required elements in sufficient detail and accuracy to enable the applicable review agency to make a determination that the application either does or does not conform to the requirements of the UDO or other applicable regulations, A determination of completeness does not restrict the City from requesting additional information during the review process_ . . . . . Preliminary Plat Major Subdivision/Second or Subsequent Minor Subdivision from a Tract of Record Note: Length of time for review depends upon scheduling constraints_ Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 ? 'l:l ~ ::l Q. ii' ~ '" I .... .... Application Application Development Staff Planning City Review Board Public Deemed Deemed 4 4 Report 4 ....... Comrrussion Complete1 Sufficient2 Committee Prepared Hearing and Public Hearing 1Iee ting 3 Recommendation and Decision I 1 r Application Application D RC Meeting 1 DRC r,{eeting 2 \'{letlands Submitted to Reviewed Notification Planning 1-+ for Review for --+ Sufficiency Re,riew Board to Department Completeness Sufficiency Determination (if applicable) Applicant ___.__t.___ 1 __t__ I ,--- --I I i\pplication I , i\pplication I I Deemed J j Deemed J , Incomplete I , Insufficient I 1 , , , ""-----r._.--J ""--'--r---- J _ _ _ _ _ _t. _. _ _ ~ J - - - _.t - - - -. 1 J I , Application I Application I Returm:d to , Returned to I the Applicant I the Applicant J , - - ""-._._____._.J L...._._._._._.J Note: .-\11 applications 'Will be noticed in compl1ance 'with Chapter 76 of the UDO_ 1;\ determination that the submittai is complete means that all required materials have been submitted, or a written narrative provided explaining why materials are not provided or are not applicable_ 2;\ determination of sufficiency means the application contains all of the required elements in sufficient detail and accuracy to enable the applicable review agency to make a determination that the application either does or does not conform to the requirements of the UDO or other applicable regulations. A determination of completeness does not restrict the City from requesting additional information during the re"iew process_ Step 1 Step 2 Unified Development Ordinance Text Amendment Note: Length of time for review depend, upon scheduling constraints. Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 .-I.pplication Other Deemed Relevant Complete1 Advisory Boards T ~ -r .-1. pp lica tion Application Development Development Development Staff Planning Board City Submitted to --- Reviewed Review --+ Review --- Re"\riew H 4 and! or Zoning -+ Commission Planning for Committee Committee Committee Report CommiSSlOn Public Hearing Department Completeness "/vIe e ting 1 Meeting 2 i\Ie e ting 3 Prepared Public Hearing and Decision2 and Deci,lOn -~ """'1St..,,~ _._._.t._._. 1 .L I I "-I.pplicanon ) Notification I Deemed I I I to I Incomplete I Applicant '- . -'-T ,_._.~ ? "'C I"P ::l Q. n' I"P '" I I.H N . I-.--t.-.- 1 I Application I I Returned to I I the Applicant I I I '-.-.-.-.-.-..; Note: .-I.ll applications 'Will be noticed in compliance with Chapter 76 of the UDO. 1A determination that the submittal is complete means that all required materials have been submitted, or a '.vritten narrative provided explaining why materials are not provided or are not applicable. z.-I.fter the City Commission holds a public hearing and makes a decision on a UDO Text .-I.mendment, they must approve an ordinance amending the UDO at a regular meeting before the UDO Text Amendment is completed. . . . Step 1 Step 2 . . Zone Map Amendment Note: Length of time for revie,v depend, upon scheduling constraints. Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 J.pplication Deemed Complete! I ~ Application Application ,=- Zoning Development Development Development Staff City Submitted to -+ Reviewed Review -- Review f--+ Review -+ -+ Commission -. Commission Planning for Committee Committee Committee Report Public Hearing Public Hearing Department Completeness i\keting 1 Meeting 2 1\1 ee ting 3 Prepared and Decision and Decision2 ._._.t._._. J. r 1 I Application I Notification I Deemed I to I Incomplete I Applicant I I I-'-'-'r ._._..1 ~ "t:I ~ =:I Q. fi' n> <Il I l,;.l l,;.l _. _. _.t. _. _._ I I . . ! Application I ! Returned to I I the Applicant I I I ......._._._.___,.1 Note: All applications ",ill be noticed in compliance ,vith Chapter 76 of the UDO. 1 A determination that the submittal is complete means that all required materials have been submitted, or a written narrative provided explaining why materials are not provided or are not applicable. ZAfter the City Commission holds a public hearing and makes a decision on a Zune i\Jap Amendment, they must approve an ordinance amending the Official Zoning I\hp at a regular meeting before the Zone i\Iap .~mendment is completed. ~ "1:1 " :t Q.. n' " '" , V> ~ . Administrative Project Decision Appeal Note: Length of time for review depends upon scheduling constraints_ Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Appeal Submittal Deemed Complete I Documented Appeal City Public City Notification i\ppeal Filed -. Submittal Commission -- Notice Per Commission ~ with Clerk of Reviewed for !VIeeting to Set --- Public Hearing to Commission Completeness Hearing Date2 Chapter 76 and Decision i\pplicant 1______+"'___ i I Appeal I I Submittal I I Deemed I i Incomplete I '- --' -' r' -, __J ,.---:1.-----1 Submittal Returned to the Applicant 1 A determination that the submittal is complete means that all required materials have been submitted, or a written narrative provided explaining why materials are not provided or are not applicable, 2The City Commission shall schedule the hearing of the appeal within 30 days of the agenda item to set the hearing date_ - - L.., ____ _ ____, J . . . . . Administrative Interpretation Appeal Note: Length of time for re,rie,v depends upon scheduling constraints. Step 1 Step 2 Step 3 Step 4 ll.ppeal -- Submittal Deemed Complete 1 I Documented Appeal City Appeal Filed Submittal Commission Notification ",i.th Clerk of -. Reviewed for Public Hearing -+ to Commission Completeness and Decision .\pplicant >- :g r'I :1 Q. ii' r'I '" 1 (.H (To _._._.1._._._ I I I Appeal I i Submittal i . - I Deemed I ! Incomplete I l-._ '-'r' -- _..J _. _ ._.t.. _. _._ I I . . ! Submittal ! ! Returned to ! ! the Applicant ! I I . . l-._._._._._ .J lA determination that the submittal is complete means that all required materials have been submitted, or a written narrative provided explaining why materials are not provided or are not applicable. > :g n :: Q.. .... n n '" ~ C\ Zoning Variances Note: Length of time for review depends upon scheduling constraints. Step 1 Step 2 Step 3 Step 4 Step 5 Variance l\pplication Deemed Complete1 I "- Application Reviewed Staff City ~otification Submitted to -- Against the Report --. Commission ~ Planning Submittal Public Hearing to Department Checklist Prepared and Decision Applicant _._._t._._. I I \F ariance I Application I Deemed i Incomplete ~'-'-'r'-'-' + 1'-'-'-'-'-" I Application I I Returned to I ! the Applicant ! I \ ~._._._._._..J . Note: .-\ll applications will be noticed in compliance with Chapter 76 of the UDO, IA determination that the submittal checklist requirements are satisfied means that all required materials have been submitted, or a written narrative provided explaining \vhy materials are not provided or are not applicable. . . .l......... . ,.- ~ CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENl . Alfred M. Stiff Professional Building 20 East Olive Street P.O, Box 1230 Bozeman, Montana 59771-1230 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net Administrative Policy No. 2007-04 Clarification of a "Changed in Copy" Policy: It shall be the policy of the Bozeman Department of Planning and Community Development to interpret Section 18.52.190 "Nonconforming Signs" of Title 18, Unified Development Ordinance, of the Bozeman Municipal Code, in the following manner: Sign changed in copy arc considered new signs thus requiring a new Sign Permit with the City of Bozeman. Sings changed in copy and which require a new Sign Permit include. · Canned or box signs were a new vinyl face replaces an existing vinyl face · Non illuminated sign repainted with a new message · Sign changes which include new test, graphics, or font, but not color Signs specifically designed to be changed in copy, such as reader-boards with changeable letters, do not require a pennit when changed. Section] 8.52.020 says if a sign is to be placed, constructed, erected or modified on a zone lot, the owner shall secure a Sign Permit. Section 18.52.190 says when a nonconforming sign changes in copy the sign must be brought into confonnance with the current Sign .de through the permitting process. Rationale & Intent: When a new sign is proposed, the City of Bozeman reviews the placement, size, height, type, quality off materials, and graphics to be sure the sign meets the current code and design requirements and is appropriate in the zone it is being placed. This review is done to preserve Bozeman's natural beauty by eliminating clutter associated, in part, with the unrestricted proliferation of sign, and to encourage creative design in the allowed signage. In addition, the eventual elimination of existing signs that are not in confoIDlity with the current Sign Code is an important goal. The city has a process to review and permit signs with historic and cultural significance, but do not meet the requirement of the current Sign Code. Note: It has been the practice and policy of this department to interpret the sign code in this manner. Many nonconforming signs have been removed or modified in the City. This process has contributed greatly to the goal of preserving the natural beauty, reducing sing clutter, improving sing creativeness and quality, while still providing direction for the public in finding business services. This Administrative Policy is hereby adoPte.s!~. '( d mad~ectiv, by Andrew C. Planning and Community Development this ;; '..~ay of /.l,A{if007. ~i . I. "'). /I if Ie AWJ~' L. . .L-,-- drew C. Epple, AICP Director of Planning and Community Development Epple, director of planning . zoning . subdivision review . annexation . historic preservation . housing . grant administration . neighborhood coordinalion g-.. ...... ... ..lli ". .... .... ."." ." : - I!l' ! ~ .:......11- .. .....::. ....., 'II. '" . III. CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENl Alfred M. Stiff Professional Building 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771-1230 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net . Administrative Policy No. 2007-05 Clarification of Bonus Side Street Sign age Policy: It shall be the policy of the Bozeman Depmiment of Planning and Community Development to interpret Section 18.52.060 "Signs Permitted Upon the Issuance of a Sign Permit" of Title 18, Unified Development Ordinance, of the Bozeman Municipal Code, in the following maImer: Business and stores which have frontage on more than one street frontage are eligible for additional wall signage on the second street based on their allowable signage in the following situations: . The extra signage does not exceed the allotted signage cap for the zone designation. . Parking lots and drive isles do not qualify as a second street frontage. . There is no building or other structure blocking the view between the business and the street. . More than 50% of the building is exposed to the second street. . Side street signage must be used on the side street elevation. Rationale & Intent: This interpretation of the UDO provides a clarification of thc side street signage provision, and provides . an opportunity for businesses located on comer lots or with more than one street frontage to have the signage that will help people find the services they need. Note: It has been the practice and policy of this department to interpret the sign code in this manner. This Administrative Policy is herehy adopte9 .~ml made ~~ti~7: by Andrew C. Epple, Director of Planning and Community Development this ~day of ~2007. 7W(?-&~ Andrew C. Epple, AICP Director of Planning and Community Development . planning . zoning . subdivision review . annexation . historic preservation . housing . grant administration . neighborhood coordination g.. .':, .' ~ I II,' ',.. ,. ",' ' '" , . ; . , J. .. CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENl Alfred M. Stiff Professional Building 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771-1230 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net Administrative Policy No. 2007-06 Clarification of Sign age Caps in Commercial Zones Policv: It shall be the policy of the Bozeman Department of Planning and Community Development to interpret Section 18.52.060 "Signs Permitted upon the Issuance of a Sign Permit" of Title 18, Unified Development Ordinance, of the Bozeman Municipal Code, in the following manner: Each commercial zone has a specified cap of the signage allowed per lot in each zone. That cap is not to be exceeded unless the applicant requests the allowable extra signage from the City Commission though a Certificate of Appropriateness with Deviations, or has been granted extra signage by the City Commission through the Planned Unit Development process. There is a provision for additional side street signage in the code. This can be granted as long as the cap for the zone has not been exceeded. Rationale & Intent: The primary rationale and intent of a signage cap is to preserve Bozeman's natural beauty by eliminating clutter associated, in part, with the unrestricted proliferation of signs, and to encourage creative design in . the allowed signage. This interpretation of the UDO provides a consistent and equal opportunity for businesses to have the signage that will help people find the services they need. Note: It has been the practice and policy of this department to interpret the sign code in this manner. No busincss or store, regardless of size, has received more signage than al10wed in the district they are located, except through the deviation or PUD process. This Admirnstrative Policy is herehy adopt~(Land mad:;ftftivl hy Andrew C. Epple, director of Planning and Community Development this!Z~ day of ~007. /J c / .{D ~ . L~. An rew C. Epple, AICP Director of Planning and Community Development . planning. zoning. subdivision review. annexation. historic preservation . housing. grant administration . neighborhood coordinalion g. ..... . .... .~.'.""'.'.. .... ........ . .... .......... ........ '" , , , " .: ~ i . CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENl Alfred M. Stiff Professional Building 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771-1230 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net . Administrative Policy No. 2007-03 Interpretation of '"Subdivision Identification Signs" Policv: It shall be the policy of the Bozeman Department of Planning and Community Development to interpret Section 18.52.060.C.l "Subdivision Identification Signs" of Title 18, Unified Development Ordinance, of the Bozeman Municipal Code, in the following manner: Residential developments, as well as suhdivisions, consisting of more than four residential units, one low profile, freestanding, neighhorhood identification sign per development entrance is allowed. Each sign shall not exceed] 6 square feet in area or 5 feel in height from the finished grade. The sign must be setback at least 5 feet from the property line. Rationale & Intent: The current Sign Code allows residential identification signs for Subdivisions. When larger residential development occurs with a site plan, it looks and functions similar to subdivision, but currently there is no signage spelled out in code. Note: It has been the practice and policy of this department to interpret the sign code in this manner. . This ~dminist~ative P?licy is hereby ad~pted~d made J1ffec. ti~ by Andrew C. Epple, Director of Planmng and Commumty Development thIS ~day of ji~~~_112007. Signed: I. (' /1/. Ie' fi4~~NW ___m?f?-- Andr. C. Epple, AICP r-,- Director of Planning and Community Development . planning . zoning . subdivision review . annexation . historic preservafion . housing . grant administration . neighborhood coordination