In February 2003, the city of Bozeman, Montana, enacted an ordinance limiting retail stores to no more than 75,000 square feet. The measure made permanent a temporary moratorium on construction of large retail stores adopted by the city in 2002.
Theordinance notes that "large-scale retail development imposes additional costs on public facilities and services" and "is potentially inconsistent with the existing community character and future community objectives." The measure’s goals include ensuring "that development of additional areas does not degrade the Historic Core of Bozeman" and fostering "a diverse economy that will protect the economic climate for existing businesses."
In addition to capping the size of new stores, the ordinance requires retail developments between 40,000 and 75,000 square feet to meet design and site development standards. The ordinance notes that abandoned big box structures are of significant concern and requires developers to submit plans for re-using structures should the original tenant leave. It also mandates that developers include specific design elements when constructing large stores to facilitate re-use by multiple tenants (e.g., provision for interior subdivisions and multiple entryways).
Thecity plans to conduct a long-term study of the economic and community impacts of large-scale stores (those over 40,000 square feet) and to review and update the ordinance in five years.
ORDINANCE NO. 1584 – AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 18.04.515, 18.04.1385, 18.30.020, AND 18.52.040, DEFINITIONS OF DESIGN REVIEW AND LARGE SCALE RETAIL; PERMITTED USES IN THE "B-2" (COMMUNITY BUSINESS) DISTRICT; AND SPECIAL DEVELOPMENT PROPOSALS – ADDITIONAL APPLICATION REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA; AND ADDING CHAPTER 18.66, PROVIDING FOR ADDITIONAL APPLICATION REQUIREMENTS, REVIEW PROCEDURES, AND REVIEW CRITERIA FOR LARGE SCALE RETAIL DEVELOPMENTS.
WHEREAS, Title 76, Chapter 2, part 3, MCA, empowers the City to enact a zoning ordinance and to provide for its administration, enforcement, and amendment; and
WHEREAS, on the 17th day of April 2000, the City Commission did adopt Ordinance No. 1513, adopting a new permanent zone code for the purpose of promoting the health, safety or general welfare of the city; and
WHEREAS, on the 22nd day of October, 2001, the City Commission did adopt Resolution No. 3486, adopting a new growth policy for guidance of future development and improvement of the City of Bozeman, in accordance with the requirements for growth policies established by state law, Section 76-1-601 MCA; and
WHEREAS, the new growth policy presents community goals and objectives, and implementation policies to advance those goals and objectives; and
WHEREAS, the goals and objectives presented in the growth policy include, among others; assurance that development of additional areas does not degrade the Historic Core of Bozeman, and fostering of a diverse economy that will protect the economic climate for existing businesses; and
WHEREAS, abandoned buildings are a blight on the community, and the State Legislature has declared that the prevention and elimination of such areas is a matter of state policy and state concern; and
WHEREAS, the implementation policies of the new growth policy include a policy to review, and revise as necessary, all municipal ordinances to comply with and advance the goals, objectives, and community vision of the Bozeman 2020 Community Plan; and
WHEREAS, the implementation policies of the new growth policy include a policy to ensure that municipal ordinances provide for adequate mitigation of identified development impacts; and
WHEREAS, site plan approval should contain such requirements and conditions that are appropriate to impacts of growth and costs of development, including the prevention of abandonment of areas of the community; and
WHEREAS, the City Commission has deemed it necessary to add a more detailed description of the role of additional large scale retailing in the City of Bozeman; and
WHEREAS, on March 25, 2002, the City Commission appointed a task force to give elected and appointed officials of the City, as well as interested members of the public, an opportunity to examine all aspects of large scale retailing and its potential impacts upon the City of Bozeman which process included ten meetings, workshops with professionals from multiple disciplines, and public comment; and
WHEREAS, after considering the information and viewpoints generated by this process, the task force presented a report on July 29, 2002 to the City Commission regarding large scale retailing which among other things recommended that the Commission amend the Zoning Ordinance to provide for additional application requirements, review procedures, and review criteria for large scale retail developments; and
WHEREAS, the Commission finds that large-scale retail development imposes additional costs on public facilities and services, is potentially inconsistent with the existing community character and future community objectives, and the role of such development is appropriately limited; and
WHEREAS, the Commission finds further that it is necessary to limit the size of additional large scale retail stores until such time as the City completes a study to provide information necessary to fairly review such development, and maintain an appropriate balance of commercial uses, through possible measures such as adjustments in size limits and imposition of conditions to reduce or eliminate adverse impacts of such development; and
WHEREAS, the Commission finds that limiting the impacts of large scale retailing on the City will inure to the benefit of the health, safety and welfare of the City of Bozeman and its residents.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana:
That Section 18.04.515 of the Bozeman Municipal Code is amended so that such section shall read as follows:
"18.04.515 Design review.
"Design review" means the aesthetic evaluation of certain 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.
That Section 18.04.1385 of the Bozeman Municipal Code is amended so that such section shall read as follows:
"18.04.1385 Retail, large scale
"Retail, large scale" means 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
75,000 40,000 square feet or more.
That Section 18.30.020 of the Bozeman Municipal Code is amended so that such section shall read as follows:
"18.30.020 Permitted uses.
Permitted uses in the B-2 district are as follows:
(Note: Additional uses for Telecommunication facilities are provided for in Chapter 18.57)
A. Principal Uses.
Apartments located on the second or subsequent floors
Audio-visual equipment rental
Automobile parking lot or garage (public or private)
Automobile rental service
Bakery for on-site sales, less than four thousand square feet
Banks and other financial institutions
Bicycle sales, service and repair shop
Business and office machine, service and repair shop
Clothing and costume rental shop
Community center or meeting hall
Convenience food restaurant
Custom dressmaking, furrier, millinery or tailor shop employing five persons or less
Dancing or theatrical studio
Delicatessen and catering establishment
Essential services (Type I)
Frozen food storage and locker rental
Game rooms, poolhalls
Garden supply store, indoor sales only
Hardware store, no exterior storage
Health and exercise center
Hotel or motel
Interior decorator’s shop
Jewelry and metal craft store
Lock and key shop
Mail order catalog store
Medical, dental or health clinic
Medical and orthopedic appliance store
Messenger or telegraph service station
Music and instrument, service and repair shop
Music or dance studio
Offices (as defined in this title)
Personal and convenience services
Pet grooming shop
Private club, fraternity, sorority or lodge
Radio or television, service and repair
Radio and television studio, without transmission towers
Repair services for light consumer goods
Retail sales, as defined in this title, with the exception of those uses listed as conditional uses in subsection B of this section,
retail, large scaleand adult businesses as defined in this title.
Retail, large scale,
only in areas where the B-2 district implements a Regional Commercial land use designation in the Bozeman growth policy.
Shoe repair and shoeshine shop
Tailor shop, less than five employees
Upholstery shops (excluding on-site upholstery service for cars, boats, trailers, trucks, and other motorized vehicles requiring overnight storage)
Watch repair shop
Wholesale establishments that use samples, but do not stock on premises
B. Conditional Uses.
Amusement and recreational activities
Assisted living/elderly care facilities
Automobile repair facilities (includes body shops in association with auto sales or repair facilities)
Automobile service stations, with or without fuel dispensing
Automobile washing establishment, drive-through
Automobile washing establishment, self-service
Bar (tavern, cocktail lounge)
Building materials sales
Business, technical or vocational school
Community residential facilities
Convenience food store with gas pumps
Day care center
Essential services (Type II)
Food processing facilities
Manufacturing, light and completely indoors
Recreational vehicle and boat sales and/or rental
Restaurants serving alcoholic beverages
Tennis and racquet clubs
Wholesale distributors with on-premise retail outlets, providing warehousing is limited to commodities which are sold on the premises
Any use, except casinos
and retail, large scale outside of Regional Commercial growth policy designations, approved as part of a planned unit development subject to the provisions of Chapter 18.54"
That Section 18.52.040 of the Bozeman Municipal Code is amended so that such section shall read as follows:
"18.52.040 Special development proposals – Additional application requirements, review procedures and review criteria.
A. Application Requirements. Applications for special development proposals (PUD, CUP, flood plain development permits, variances, telecommunications, and large scale retail) shall include:
1. The required information for major and minor site plans described in section 18.52.030;
2. Any additional application information required for specific reviews as listed in the following chapters:
a. 18.44, Flood Hazard Overlay District,
b. 18.53, Conditional Use Procedure,
c. 18.54, Planned Unit Development,
d. 18.56, Variance and Administrative Interpretation Appeal Procedures,
e. 18.57, Telecommunications,
f. 18.66, Large Scale Retail.
B. Review Procedures and Review Criteria. Additional review procedures and review criteria
for specific development proposals are defined in the following Chapters:
1. 18.44, Flood Hazard Overlay District,
2. 18.53, Conditional Use Procedure,
3. 18.54, Planned Unit Development,
4. 18.56, Variance and Administrative Interpretation Appeal Procedures,
5. 18.57, Telecommunications,
6. 18.66, Large Scale Retail"
That Chapter 18.66 be added to the Bozeman Municipal Code, so that such Chapter shall read as follows:
SIZE LIMITATIONS AND DESIGN
AND SITE DEVELOPMENT GUIDELINES
AND REQUIREMENTS FOR LARGE SCALE RETAIL
A. The purpose of this Chapter 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 peace, health, safety and general welfare of the residents living within the zoning jurisdiction of the city.
B. 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.
C. 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.
18.66.020 Limitations on Size of Retail Stores
A. No retail building, utilized by a single tenant shall exceed 75,000 square feet.
B. Retail development consisting of a single tenant building 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 twenty-five percent (25%) of the square footage of the retail building.
C. Notwithstanding Sections 18.66.020.A and 18.66.020.B, 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 Design and Site Development Guidelines of this section shall be applied to any alteration, reconstruction or repair that takes place after March 21, 2003.
D. The following principal uses are exempt, as they pertain to outdoor sales and storage:
1. Recreation vehicle sales and auto sales
2. Agricultural implement sales; i.e., tractors, cultivators, bailers, etc.
3. Plant Nursery.
18.66.030 Design and site development guidelines for certain retail developments
A. 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 contained in subsection E. 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 18.43, 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.
B. 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 chapter 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 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 governed by this chapter. 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.
C. 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.
D. Certificate of appropriateness. A Certificate of appropriateness, received from the Bozeman City Commission, with a recommendation by the Design Review Board, shall be required as a condition of site plan approval for any development governed by this chapter. Application, review and public notice procedures for proposals governed by this section are set forth in Chapter 18.52, Plan Review and Approval. A denial of a certificate shall be accompanied by a written statement of reasons for the denial.
E. Design criteria and development standards. In addition to all other applicable review procedures and design criteria, all development governed by this chapter shall exceed design criteria and development standards contained in Chapter 18.43 BMC, "Entryway Corridor 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 design criteria and development standards shall be exceeded through design practices such as additional architectural detailing, exceptional landscape design, and 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.
F. Adaptability for Reuse/Compartmentalization. The building design shall include specific elements for adaptation for multi-tenant re-use. Such elements may include but are not limited to compartmentalized construction, including plumbing, electrical service, heating, ventilation, and air conditioning. The building design shall also allow for: the interior subdivision of the structure into separate tenancies; facades that readily adapt to multiple entrances and adapt to entrances on all but one side of the building; parking lot schemes that are shared by establishments or are linked by safe and functional pedestrian connections; landscaping schemes that compliment the multiple entrance design; and other elements of design which facilitate the multi-tenant re-use of the building and site.
G. Appeals. Appeals may be taken as provided for by this title.
18.66.040 Additional Criteria and site development guidelines for certain retail developments
A. Applications 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:
1. The plan conforms to the City’s growth policy and the requirements of this title or parts thereof for the municipality as a whole; and
2. A sound and adequate plan exists for said redevelopment; and
3. The plan affords maximum opportunity for rehabilitation or redevelopment of the structure by both private enterprise and the municipality; and
4. 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 "ghost signage."
B. The City may enter 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.
The provisions of this ordinance shall be reviewed by the Commission in five years and updated as needed."
All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed.
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.
If any portion of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions of this ordinance which may be given effect without the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be severable.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PASSEDby the City Commission of the City of Bozeman, Montana on first reading at a regular session thereof held on the 3rd day of February 2003.
PASSED,ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a regular session thereof held on the 18th day of February 2003.