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Staff Report for Administrative Text Amendments Addressing B-2M Signs, R-
5 Group Living, B-1 Apartments, and Zoning Categories allowing Parks.
Public Hearing Dates:
Zoning Commission and Planning Board joint public meeting Tuesday, November 1, 2016.
City Commission public hearing Monday, November 28, 2016
Project Description: A text amendment to amend the Bozeman Municipal Code (BMC) to
revise provisions relating to
Project Location: Applicable throughout the entire corporate limit of Bozeman as it exist
now and as it evolves through annexation over time, and applies to all properties.
Recommendation: Approval
Recommended Motions:
Having reviewed and considered the application materials, public comment,
recommendation of the Zoning Commission, and all the information presented, I hereby
adopt the findings presented in the staff report and move to provisionally adopt
Ordinance 1962 the Plan Review text amendment.
Having reviewed and considered the application materials, public comment,
recommendation of the Zoning Commission, and all the information presented, I hereby
adopt the findings presented in the staff report and move to provisionally adopt
Ordinance 1963 the Plan Review text amendment.
Having reviewed and considered the application materials, public comment,
recommendation of the Zoning Commission, and all the information presented, I hereby
adopt the findings presented in the staff report and move to provisionally adopt
Ordinance 1964 the Plan Review text amendment.
Having reviewed and considered the application materials, public comment,
recommendation of the Zoning Commission, and all the information presented, I hereby
adopt the findings presented in the staff report and move to provisionally adopt
Ordinance 1965 the Plan Review text amendment.
Report Date: October 28, 2016
Staff Contact: Mayana Rice, AICP, Associate Planner
Agenda Item Type: Action (Legislative)
15-320, Staff Report for the Wetlands Review Board and Plan Review Text Amendment
Page 2 of 7
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
These text amendments are a part of the City of Bozeman Unified Development Code
(UDC) update. Four (4) separate ordinances are provided to separate the code revisions
for discussion and adoption.
B-2M sign code. Add B-2M and R-5 to Section 38.28.060.
In the update to the code, with the addition of the B-2M and R-5 zoning designation,
Section 38.28.060, Signs Permitted upon Issuance of a Sign Permit, has not been
included. This amendment is a correction to the code to add B-2M and R-5 sign
regulations. Ordinance 1962 will add B-2M and R-5 references to Section 38.28.060.
R-5 Group Living. Add R-5 to Section 38.22.105.
The R-5 zone district is defined as a mixed-use high density district to provide for high-
density residential development through a variety of compatible housing types and
residentially supportive commercial uses in a geographically compact, walkable area to
serve the varying needs of the community's residents. Offices and small scale retail and
restaurants are allowed as secondary uses provided special standards are met.
Within the Use Table, group living appears as a Permitted (P) use. Yet, in Section
38.22.105 where group living is defined, with specific standards, R-5 does not appear as a
zone district in which group living is permitted. Ordinance 1963 will add R-5 to Section
38.22.105.
B-1 Apartments. Add note “1” to permitted uses in Table 38.10.020. The B-1 zone district is defined as a neighborhood business district created 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 key piece to the definition is: residential development as a secondary purpose. The
B-1 use table tells a different story as it has “apartments” as a Permitted (P) use, without
any mechanism to ensure that it is a “secondary purpose”.
Each of the other commercial zoning districts has one of the following “notes”.
1When located on the second or subsequent floor or basement as defined in article 42 of
this chapter. 3Except on ground floor in the core area as defined in this article.
15-320, Staff Report for the Wetlands Review Board and Plan Review Text Amendment
Page 3 of 7
10Non-residential uses are required on the ground floor to a minimum depth of 20 feet
from front building facade on properties adjacent to designated Storefront Streets per
section 38.44.010.
Ordinance 1964 will add a “note 1” to Table 38.10.020. Parks permitted in all zoning districts
Parks are a Permitted (P) in residential zones. Parkland is required to be provided for
residential developments. As the code creates more flexible zoning districts, parkland
dedication may be required in commercial or industrial zoning districts to accommodate
housing as a subsequent use. Ordinance 1965 will add Parks as a Permitted (P) use in all
zoning districts that allow housing.
Alternatives
Alternatives for Zoning Commission recommendation to City Commission:
1) Adopt the amendments as proposed by Staff,
2) Adopt the amendments with revisions,
3) Do not adopt the amendments and leave the language as it exists.
TABLE OF CONTENTS
Staff Report for Administrative Text Amendments Addressing B-2M Signs, R-5 Group Living,
B-1 Apartments, and Zoning Categories allowing Parks. ............................................................... 1
Executive Summary ........................................................................................................................ 2
Unresolved Issues ....................................................................................................................... 2
Project Summary ......................................................................................................................... 2
Alternatives ................................................................................................................................. 3
Table of Contents ............................................................................................................................ 3
Section 1 - RECOMMENDATION AND FUTURE ACTIONS ................................................... 4
Section 2 - STAFF ANALYSIS AND FINDINGS ........................................................................ 4
Section 76-2-304, MCA (Zoning) Criteria ................................................................................. 4
PROTEST NOTICE FOR ZONING AMENDMENTS ................................................................. 6
APPENDIX A –Affected ZONING AND GROWTH POLICY provisions .................................. 6
appendix B – detailed project description and background ............................................................ 6
APPENDIX C – NOTICING AND PUBLIC COMMENT ........................................................... 6
Appendix D - Owner Information and Reviewing Staff ................................................................. 7
15-320, Staff Report for the Wetlands Review Board and Plan Review Text Amendment
Page 4 of 7
Fiscal effects ................................................................................................................................... 7
ATTACHMENTS ........................................................................................................................... 7
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a municipal code amendment, the Community
Development Staff recommends the approval of the text amendments.
The Zoning Commission and Planning Board will hold a joint public hearing on the proposed
amendments on Tuesday, November 1, 2016.
The City Commission will hold a public hearing on the amendments and provisional
adoption of Ordinances 1962, 1963, 1964, and 1965 on Monday, November 28, 2016
SECTION 2 - STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission shall consider the following:
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. An underlying principle of the Bozeman Community Plan is to ensure that all
regulatory and non-regulatory implementation actions undertaken by the City to achieve the
goals and objectives of this plan are effective, fair, and are reviewed for consistency with this
plan on a regular basis.
Objective G-2.1 states that development requirements and standards are efficiently
implemented, fairly and consistently applied, effective, and proportionate to the concerns
being addressed. A variety of items were omitted in previous amendments to the code. The
intent of the ordinances is to amend the ordinances for accuracy.
This plan provides overarching policy direction for all City actions. Therefore, all actions
taken to implement this plan must be reviewed to ensure compliance.
Further under this goal, the Plan includes Objective G-2.4, which states: “Develop a balanced
system of regulatory requirements, programs, and incentives to ensure that development
within the Planning Area is in compliance with the Bozeman Community Plan.” Providing
technical amendments to the code will support balanced regulatory review of development
proposals, ensuring that unintended uses are not permitted.
B. Secure safety from fire and other dangers.
15-320, Staff Report for the Wetlands Review Board and Plan Review Text Amendment
Page 5 of 7
Yes. The proposed amendments do not change the breadth of tools available to the City in
identifying and mitigating risk from land use and development.
C. Promote public health, public safety, and general welfare.
Yes. The proposed amendments do not change the requirements for provision of water or
sewer systems, provision of emergency response capability, or similar existing standards.
The proposed amendments do not eliminate any required standards currently adopted by the
City.
D. Facilitate the adequate provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. The proposed text amendments will not affect publicly required transportation, water,
sewerage, schools, parks and other systems if and when development occurs.
E. Reasonable provision of adequate light and air.
Yes. The proposed text amendments will not affect reasonable provisions of adequate light
and air.
F. The effect on motorized and non-motorized transportation systems.
Yes. No changes to transportation standards are proposed.
G. Promotion of compatible urban growth.
Yes. No changes to compatible urban growth are proposed.
H. Character of the district.
Neutral. The proposed amendments do not make material changes to the character of the
established zoning districts. Any development may be subject to the provisions being
amended if required. The actions and processes involved do not directly impact character of
a district.
I. Peculiar suitability for particular uses.
Neutral. The proposed amendments do not make material changes to land uses. The more
intensive uses are still reserved for appropriate zoning districts.
J. Conserving the value of buildings.
Neutral. The proposed amendments do not make material changes to building requirements
or standards.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Neutral. The proposed amendments do not make material changes to the zoning districts. A
variety of items were omitted in previous amendments to the code. The intent of the
ordinances is to amend the ordinances for accuracy.
15-320, Staff Report for the Wetlands Review Board and Plan Review Text Amendment
Page 6 of 7
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF EITHER THE AREA OF THE LOTS WITHIN THE
AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT
INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME
EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT
AND VOTING MEMBERS OF THE CITY COMMISSION.
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY
PROVISIONS
Zoning Designation and Land Uses:
The amendments to the plan review process are corrections. There are not proposals that
indicate a change to the current interpretation of the Unified Development Code.
These amendments are a part of the Unified Development Code Update.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Project Description
The purpose of this project is to review and update as needed the Unified Development Code
(UDC) for the City of Bozeman in related steps. With the adoption of the City’s Community
Plan in 2009, the existence of numerous adopted neighborhood and special area plans, and rapid
growth (infill and edge), the City recognizes the need to update its land development regulations
and standards. Bozeman initially adopted zoning in 1934. Bozeman’s current UDC structure
which includes zoning, subdivision, and infrastructure standards was established in 2004.
Corrections may be needed to supplement the larger phases of the UDC update as is evident by
these small changes. These types of amendments are technical in nature and will not
substantially alter the momentum of the overarching UDC update.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Table 38.40.040, BMC lists notice requirements for all types of applications.
The notice was submitted October 13, 2016 for publication as a legal ad on Sunday, October
16 and 23, 2016. Notice of the public workshops and hearings were posted City’s website.
Notice was provided at least 15 and not more than 45 days prior to the Zoning Commission
on November 1, 2016 and City Commission public hearing on November 21, 2016.
15-320, Staff Report for the Wetlands Review Board and Plan Review Text Amendment
Page 7 of 7
As this Text Amendment applies to the entire corporate limits of Bozeman as it exists now
and evolves over time through annexation, and it applies to all properties, there is no
requirement for posting specific properties.
No public comment has been received as of the writing of this report.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
Representative: Department of Community Development
Report By: Mayana Rice, AICP; Associate Planner
FISCAL EFFECTS
No fiscal effects have been identified. No presently budgeted funds will be changed by this text
amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Page 1 of 10
ORDINANCE NO. 1962
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING ARTICLE 28 SIGNS TO ADD B-2M AND R-5 TO SEC.
38.28.060. - SIGNS PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT.
WHEREAS, The City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to adopt land development and use standards to protect public health, safety and
welfare and otherwise execute the purposes of Section 76-2-304, MCA; and
WHEREAS, The City of Bozeman has identified that two (2) zoning categories were
omitted from Article 28 Signs
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings:
1. Cross reference was omitted during adoption of the B-2M zoning districts for Section
38.28.050 and Section 38.28.060.
2. Cross reference was omitted during adoption of the R-5 zoning districts for Section
38.28.050 and Section 38.28.060.
Section 2
That the Bozeman Municipal Code be amended by revising Section 38.28.050 to read
as follows:
Sec. 38.28.050. - Signs exempt from permit requirements.
Ordinance No. 1962, Revisions to Section 38.28.050 and 38.28.060
Page 2 of 10
A. The following signs shall be exempt from the permitting requirement but must comply with
the criteria for signs allowed by this article, except section 38.28.060:
1. Residential zones (R-S, R-1, R-2, R-3, R-4, R-5, RMH, REMU [single-household, two to four household, townhouse, and apartments]).
a. Temporary, nonilluminated signs, e.g. real estate sale, political campaign and other
noncommercial speech signs that do not exceed nine square feet in total area and, if
freestanding, five feet in height. No more than one such sign per street frontage.
b. 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 property. Such sign shall not exceed nine square feet in total area and, if
freestanding shall not exceed five feet in height. Not more than one such sign per street frontage per lot is allowed. Such signs shall not be considered off-premises advertising so long as the identified business is actively engaged on the site.
2. Commercial and manufacturing zones (R-O, B-1, B-2, B-2M, B-3, UMU, M-1, M-2, BP,
PLI, HMU, REMU [mixed-use, nonresidential]).
a. Window signs, 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. For the purposes of this section, a
window is a transparent glass opening in a wall separated from other glass openings
by mullions or other dividers of four inches or less in width.
b. 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.
c. Temporary nonilluminated signs, e.g., 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 five feet high and shall be at least five feet from the property
line. Only one sign of each subject per street frontage per lot is allowed.
d. A temporary, nonilluminated sign identifying the businesses working at a
construction site may be posted. The signs for multiple businesses shall be
aggregated among all those working on the site and in total shall not exceed 32
square feet in size, shall be no more than five feet high and shall be at least five 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. Such
signs shall not be considered off-premises advertising so long as the identified
business is actively engaged on the site.
e. Not more than four on-premises directional signs not exceeding four square feet in area and five feet in height which shall not contain any commercial messages.
3. All zones.
Ordinance No. 1962, Revisions to Section 38.28.050 and 38.28.060
Page 3 of 10
a. Government and public utility signs. Directional, warning, street, 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.
b. 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. Ghost signs. A ghost sign may be, but is not required to be, stabilized, rehabilitated
or preserved to its original condition, design and size. A ghost sign may not be altered in any way that changes its original design, wording, or size.
Section 3
That the Bozeman Municipal Code be amended by revising Section 38.28.060 to read
as follows:
Sec. 38.28.060. - Signs permitted upon the issuance of a sign permit.
A. The following on-premises signs are permitted in the indicated zones subject to a sign
permit:
Table 38.28.060
Non-Residential Sign Standards
Zoning District B-1 B-2/B-
2M B-3 UMU M-1 M-2
Maximum sq. ft. area 80 per
building
400 per
lot
250
per
lot
250
per
lot
250 per lot 250 per lot
Allowed sq. ft. sign area per
linear foot of building frontage
first 25 feet
1.5 or 21 2 or 31 2 2 or
31 2 or 31 2 or 31
Allowed sq. ft. sign area per
linear foot of building frontage
> 25 feet
1 1.5 1.5 1.5 1.5 1.5
Ordinance No. 1962, Revisions to Section 38.28.050 and 38.28.060
Page 4 of 10
Monument max. size sq. ft. 32 32 32 32 32 32
Monument max. height 5' 5' 5' 5' 5' 5'
Monument setback 5' 5' 5' 5' 5' 5'
Pole style max. height Prohibited 13' 13' 13' 13' 13'
Pole style setback Prohibited 15' 15' 15' 15' 15'
Pole style clearance Prohibited 8' 8' 8' 8' 8'
Projecting sign max. area 8' 8' 12' 8' 8' 8'
Projecting sign max. distance 4' 4' 6' 4' 4' 4'
Rotating sign max area 2.5 sq. ft. 2.5 sq. ft.
2.5
sq.
ft.
2.5
sq. ft. Prohibited Prohibited
Non-Residential Uses
Zoning District BP PLI HMU REMU RO
Maximum sq. ft. area 250 per
lot
250 per
lot
250 per
lot
250 per
lot
80 per
building
Allowed sq. ft. sign area per linear
foot of building frontage
first 25 feet
2 or 31 2 or 31 2 or 31 2 or 31 1 or 1.251
Allowed sq. ft. sign area per linear
foot of building frontage
> 25 feet
1.5 1.5 1.5 1.5 0.5
Ordinance No. 1962, Revisions to Section 38.28.050 and 38.28.060
Page 5 of 10
Monument max. size sq. ft. 32 32 32 32 12
Monument max. height 5' 5' 5' 5' 5'
Monument setback 5' 5' 5' 5' 5'
Pole style max. height 13' 13' 13' 13' Prohibited
Pole style setback 15' 15' 15' 15' Prohibited
Pole style clearance 8' 8' 8' 8' Prohibited
Projecting sign max. area 8' 8' 8' 8' 8'
Projecting sign max. distance 4' 4' 4' 4' 4'
Rotating sign max. area Prohibited Prohibited 2.5 sq.
ft. Prohibited Prohibited
1 The larger value of the two listed applies when a building is located on a lot such that there is
no parking or other vehicular use area between the building facade and the street right-of-way or
between the building facade and a public pedestrian right-of-way adjacent to a street.
1. A comprehensive sign plan is required for all commercial centers or buildings
consisting of two or more tenant spaces on a lot and shall be designed in accordance
with section 38.28.080.
2. Freestanding signs. One freestanding sign is permitted per zoned lot as defined in section 38.42.1670. Sign area used for free standing signs is counted towards the
maximum allowed sign area.
3. Wall signs.
a. Regardless of the allowance for additional area, the maximum area shall not exceed
the amount allowed for the district.
b. Lots fronting on two or more streets shall be permitted sign area for each building
frontage.
c. Canopy, window and awning signs shall be classified as wall signs. Wall signs
shall not project above the top of a wall or parapet.
Ordinance No. 1962, Revisions to Section 38.28.050 and 38.28.060
Page 6 of 10
4. Projecting signs. One projecting sign per tenant, unless otherwise approved through a
comprehensive sign plan. Projecting signs shall provide a minimum sidewalk clearance of eight feet.
a. A rotating sign located within the building does not need to provide the minimum
sidewalk clearance height. A rotating sign shall not exceed a rotational speed of one
full rotation in two seconds. Signs exceeding this limit shall be classified as a
flashing sign.
5. Residential building identification signs. For properties used for multihousehold residential buildings, one residential identification wall sign per street frontage. Each
sign shall not exceed eight square feet in area.
6. Ghost signs as defined in Section 38.42.1215 do not apply toward the maximum sq. ft.
sign areas of Table 38.28.060.
B. Residential zones (R-S, R-1, R-2, R-3, R-4, R-5, RMH, R-O, REMU). The following on-premises signs are permitted in the indicated zones subject to a sign permit:
1. Subdivision and residential complex identification signs. For residential subdivisions
consisting of more than four residential units and for residential complexes with more
than four residential units and more than one building, one low profile, freestanding, neighborhood identification sign per development entrance is allowed. Each sign shall not exceed 16 square feet in area or five feet in height from the finished grade. The sign
must be set back at least five feet from the property line.
2. Residential building identification signs. For properties used for multihousehold
residential buildings, one residential identification wall sign per street frontage. Each sign shall not exceed eight square feet in area.
3. Signs appurtenant 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 four square feet in area and shall not be located in
any required setback area. In addition, home occupations shall be permitted one square foot signs on a mailbox or lamppost or 1.5 square feet of freestanding
signage located a minimum of five feet from the property line.
b. Principal residential uses shall be permitted noncommercial speech signs which do
not exceed 30 square feet in area nor five feet in height. Such sign must be set back
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.
Ordinance No. 1962, Revisions to Section 38.28.050 and 38.28.060
Page 7 of 10
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.
C. 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 after review for compliance with the design guidelines for the neighborhood conservation overlay district.
2. Entryway overlay district. Within this district, all signage is subject to issuance of a
certificate of appropriateness after review for compliance with the design objectives
plan for entryway corridors. Signage may exceed the underlying zoning district
limitations by up to 20 percent upon review and approval of a deviation by the review authority, after receiving the recommendation of the appropriate design review advisory body, and upon receipt of a certificate of appropriateness.
3. Interchange zone. Signage may exceed the maximum total sign area permitted by
section 38.28.060.A by up to 25 percent upon review and approval of a deviation by the
review authority, upon the recommendation of the appropriate design review advisory body, and upon receipt of a certificate of appropriateness. Each lot shall be permitted 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 set back a minimum of five
feet with a maximum height of eight 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 eight-foot minimum vertical clearance. Pole-style
signs shall not exceed a total area of 40 square feet or 16 feet in height, provided
however, that for every two feet said sign is set back from 15 feet beyond the street
right-of-way, the height measured at grade may be increased one foot, not to exceed a total of 32 feet, and the area may be increased by 2.5 square feet for every
two feet that said sign is set back 15 feet beyond the street right-of-way up to a
maximum of 120 square feet.
4. Downtown (B-3). Permits for signs that encroach into the public right-of-way shall be
obtained in accordance with chapter 34, article 5 of the Municipal Code.
Section 4
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
Ordinance No. 1962, Revisions to Section 38.28.050 and 38.28.060
Page 8 of 10
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 5
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 6
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 7
Codification.
This Ordinance shall be codified as indicated in Section 2-3.
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the __________ day of ___________
2016.
Ordinance No. 1962, Revisions to Section 38.28.050 and 38.28.060
Page 9 of 10
____________________________________
CARSON TAYLOR Mayor
ATTEST:
____________________________________
ROBIN CROUGH
City Clerk
Ordinance No. 1962, Revisions to Section 38.28.050 and 38.28.060
Page 10 of 10
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2016. The effective date of this ordinance is _____, __________,
2016.
_________________________________
CARSON TAYLOR
Mayor
ATTEST:
_________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney
Page 1 of 5
ORDINANCE NO. 1963
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING ARTICLE 22 R-5 ZONING TO BE ADDED TO SEC. 38.22.105
GROUP LIVING AS AN ALLOWED USE.
WHEREAS, The City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to adopt land development and use standards to protect public health, safety and
welfare and otherwise execute the purposes of Section 76-2-304, MCA; and
WHEREAS, The City of Bozeman has determined one (1) zoning category has been
omitted from Article 22 Group Living as an allowed use
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings:
1. Group living is an allowed use in the R-5 zoning district.
2. Cross reference was omitted during the adoption of the R-5 zoning district.
3. Group living is a residential use which does not otherwise meet the definition of another
residential use defined by this chapter.
Section 2
That the Bozeman Municipal Code be amended by revising Section 38.22.105 to read as follows:
Sec. 38.22.105. - Group living.
Ordinance No. 1963, Revisions to Section 38.22.105
Page 2 of 5
A. Applicability. All group living uses (as defined in section 38.42.1275) except for health care
facilities and community residential facilities with eight or fewer residents are subject to the standards of this section.
B. Density.
1. The density of residents in a group living use is limited to generally approximate and
correspond with the density limits that apply to other types of housing in residential
zoning districts. Limiting density addresses areas of legitimate public concern and the purposes of zoning as established by the state legislature and adopted locally in section 38.01.040.
2. For the purpose of these regulations, "residents" include all people living at the site,
including children; except that people who provide support services, building
maintenance, care, and supervision, are not considered residents.
3. Group living use requires the following area of land within the site for each resident.
District Name
Minimum Area
Required per
Resident in
Square Feet
REMU, R-4, R-5 and R-O 602
RS 10,890 unless
otherwise approved through a planned unit development
R-1 and RMH 1250
R-2 and R-3 750
C. On-site service and facilities. In any R district, on-site services and facilities may be
provided only to residents of the group living use.
D. Group living is not a substitute for a hotel, motel, or other transitory service facility.
Therefore, duration of terms of occupancy for residents is 30 days or greater.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
Ordinance No. 1963, Revisions to Section 38.22.105
Page 3 of 5
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification
This Ordinance shall be codified as indicated in Section 2.
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
Ordinance No. 1963, Revisions to Section 38.22.105
Page 4 of 5
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the __________ day of ___________
2016.
____________________________________
CARSON TAYLOR Mayor
ATTEST:
____________________________________
ROBIN CROUGH City Clerk
Ordinance No. 1963, Revisions to Section 38.22.105
Page 5 of 5
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2016. The effective date of this ordinance is _____, __________,
2016.
_________________________________
CARSON TAYLOR
Mayor
ATTEST:
_________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
Page 1 of 7
ORDINANCE NO. 1964
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING ARTICLE 10 COMMERCIAL ZONING DISTRICTS TO ADD
A NOTE NO. 1 TO TABLE 38.10.020, TABLE OF COMMERCIAL USES,
APARTMENTS AND APARTMENT BUILDINGS IN THE B-1 ZONING DISTRICT
ALLOWED ONLY ON THE SECOND FLOOR.
WHEREAS, The City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to adopt land development and use standards to protect public health, safety and
welfare and otherwise execute the purposes of Section 76-2-304, MCA; and
WHEREAS, The City of Bozeman has determined that residential uses are secondary to
commercial in the B-1 zoning district; and
WHEREAS, The City of Bozeman has determined that the lack of a note regarding
residential as allowed only on the second floor was inadvertently left out of table 38.10.020;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings:
1. The B-1 zoning district primary use is commercial with residential as a secondary use.
2. Allowing apartments as a principal use diminishes the commercial nature of the B-1
zoning category.
Ordinance No. 1964, Revisions to Table 38.10.20
Page 2 of 7
3. The B-1 zoning intent was to have commercial as a secondary use, the note (1) was
inadvertently left out of the table.
Section 2
That the Bozeman Municipal Code be amended by revising Section 38.10.020to read
as follows:
Sec. 38.10.020. - Authorized uses.
A. Uses in the various commercial districts are depicted in Table 38.10.020 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 article 42 of
this chapter. 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 article 22
of this chapter.
C. Additional uses for telecommunications are established in article 29 of this chapter.
Table 38.10.020
Table of Commercial Uses
Authorized Uses
B-1 B-2 B-
2M
B-
3
Ambulance service — P P P
Apartments and apartment buildings6, as defined in this chapter P1 P1/C P10 P3
Arts and entertainment center, as defined in this chapter P P P P
Automobile fuel sales or repair, as defined in this chapter C C C C
Automobile parking lot or garage (public or private) P P P P
Automobile washing establishment C P P C
Banks and other financial institutions P P P P
Business, technical or vocational school — C C P3
Ordinance No. 1964, Revisions to Table 38.10.20
Page 3 of 7
Bus terminals — C C C
Community centers P P P P3
Community residential facilities with eight or fewer residents P P1/C P1/C P3
Community residential facilities serving nine or more residents — C C —
Convenience uses C P P C
Convenience use restaurant P P P P
Day care centers P P P P
Essential services Type I A A A A
Essential services Type II P P P P
Essential services Type III C9 P P C9
Extended-stay lodgings — P P P
Food processing facilities — C C —
Frozen food storage and locker rental — P P —
Health and exercise establishments P1/C P P P
Hospitals — P P C
Hotel or motel — P P P
Laboratories, research and diagnostic — P P P3
Laundry, dry cleaning — C C C
Light goods repair, as defined in this chapter — C C A
Lodginghouses — C C10 C3
Manufacturing, artisan P P P P8
Manufacturing, light — C C C3
Manufacturing, light and completely indoors — C C —
Mortuary — C C C
Museum — C C C
Medical and dental clinics P1/C P P P
Meeting hall — P P P
Offices, as defined in this chapter P1/C P P P3
Ordinance No. 1964, Revisions to Table 38.10.20
Page 4 of 7
Other buildings and structures typically accessory to permitted uses A A A A
Parking facilities P P P P3
Personal and convenience services, as defined in this chapter P P P P
Pet grooming shop P P P P
Printing offices and publishing establishments — — — C
Private club, fraternity, sorority or lodge — P P P
Public buildings P P P P
Refuse and recycling containers A A A A
Research laboratories — P P P
Restaurants P5 P P P
Retail uses, as defined in this chapter P2 P2 P2 P2
Retail, large scale — P P —
Sales of alcohol for on-premises consumption7 C C C C
Sign paint shops (not including neon sign fabrication) — P P C
Upholstery shops (excluding on site upholstery service for cars, boats,
trailers, trucks and other motorized vehicles requiring overnight storage) — P P P3
Veterinary clinic — C C —
Wholesale distributors with on-premises retail outlets, providing
warehousing is limited to commodities which are sold on the premises — C C —
Wholesale establishments that use samples, but do not stock on premises — P P P
Any use, except adult businesses and casinos approved as part of a
planned unit development subject to the provisions of article 20 of this
chapter
C C C C
Notes:
1When located on the second or subsequent floor, or basement as defined in article 42 of this
chapter.
2Excluding adult businesses, and large scale retail, as they are defined in article 42 of this chapter.
3Except on ground floor in the core area as defined in this article.
Ordinance No. 1964, Revisions to Table 38.10.20
Page 5 of 7
4Private arts instruction shall only be on the second or subsequent floor in the core area as
defined in this article.
5Exclusive of drive-ins.
6May be subject to the provisions of chapter 38, article 43.
7Also subject to chapter 4, article 2.
8For uses in the downtown core as described in 38.10.010.A.3.a and located on the ground floor
adjoining Main Street, a high volume, pedestrian-oriented use adjoining the building's entrance on Main Street is required.
9Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
10Non-residential uses are required on the ground floor to a minimum depth of 20 feet from front
building facade on properties adjacent to designated Storefront Streets per section 38.44.010.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
Ordinance No. 1964, Revisions to Table 38.10.20
Page 6 of 7
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall be codified as indicated in Section 2.
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the __________ day of ___________
2016.
____________________________________
CARSON TAYLOR
Mayor
ATTEST:
____________________________________
ROBIN CROUGH City Clerk
Ordinance No. 1964, Revisions to Table 38.10.20
Page 7 of 7
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2016. The effective date of this ordinance is _____, __________,
2016.
_________________________________
CARSON TAYLOR
Mayor
ATTEST:
_________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney
Page 1 of 18
ORDINANCE NO. 1965
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING ARTICLE 9 SEC. 38.09.020, ARTICLE 10 SEC. 38.10.020,
ARTICLE 11 SEC. 38.11.020, ARTICLE 12 SEC. 38.12.020, PARKS AS AN ALLOWED
USE.
WHEREAS, The City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to adopt land development and use standards to protect public health, safety and
welfare and otherwise execute the purposes of Section 76-2-304, MCA; and
WHEREAS, The City of Bozeman has added a number of flexible zoning codes that
allow for the mixing of residential and other uses; and
WHEREAS, The City of Bozeman requires parklands be dedicated for all residential
redevelopments; and
WHEREAS, The City of Bozeman does not identify Parks as an allowed use in all
zoning districts where parklands are required to be dedicated; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings:
1. The Unified Development Code has added new flexible zoning codes, mixing
commercial and industrial uses with residential.
Ordinance No. 1965, Revisions to Section 38.09.020, 38.10.020, 38.11.020, 38.12.020
Page 2 of 18
2. Parks are required through parkland dedication with all residential development.
3. Inclusion of parks as an allowed use in all districts will more accurately reflect the mix of
uses that may occur in those districts.
Section 2
That the Bozeman Municipal Code be amended by revising Sec. 38.09.020 to read as follows:
Sec. 38.09.020. - Authorized uses.
A. Uses in the residential emphasis 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 "-."
B. The uses listed are deliberately broad and some are given special definitions in article 42 of
this chapter. 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 article 22 of this chapter.
C. Uses required and limited.
1. REMU districts are intended to be developed with a mix of uses that encourage a range
of building types, scales, densities, and site configurations.
2. Developments are encouraged to include nonresidential uses, especially commercial and neighborhood support services, mixed horizontally and/or vertically, to promote
compact, walkable and sustainable neighborhoods.
3. Nonresidential uses shall not exceed 30 percent of the total gross building square
footage of all uses within the master planned area unless otherwise allowed in this
section, through a master site plan or planned unit development (PUD) review.
4. For the purposes of calculating the percentage of a use within the master planned area,
the gross square foot floor area of building for each use shall be utilized.
5. The specific method of tracking will be determined during the master site plan, PUD, or
site plan review.
6. Home-based businesses are not considered nonresidential uses and shall not be limited by the provisions of the section.
7. Nonresidential uses intended for public benefit and shared public amenities shall not be
limited by the provisions of this section. These uses include, but are not limited to,
schools, parks, community centers, city operated services and structured parking
facilities.
D. Development review applications.
Ordinance No. 1965, Revisions to Section 38.09.020, 38.10.020, 38.11.020, 38.12.020
Page 3 of 18
1. To accomplish the intent of the district, the REMU district is anticipated to be located
on sites five acres or larger. Development review applications for sites in the REMU district greater than, or equal to, five acres will be first subject to review as a master site plan per article 19 of this chapter; or as a PUD per article 20 of this chapter, as
determined by the applicant.
2. Project applications for subsequent project phases in compliance with an approved
master site plan or PUD may be reviewed as a site plan review or sketch plan review in accordance with article 19 of this chapter.
3. All development review applications for property in the REMU district smaller than
five acres are subject to the standards in this article; and may be subject to review as a
master site plan per article 19 of this chapter upon a finding by the city that:
a. The development application is for a site considered a major infill site, having a significant impact on an existing neighborhood; or may create a center within an existing neighborhood;
b. The proposed development is located at an intersections deemed to have special
significance;
c. The proposed development may have a significant impact on existing transportation and open space network, pedestrian and bicycle travel;
d. The proposed development requires a multi-year approval and multiple phases for
completion.
_____
Table 38.09.020
Table of Uses
Table of Uses Maximum Gross
Building Area
Authorized
Uses
Accessory dwelling unit P
Apartments and apartment buildings P
Arts and entertainment center 12,000 square
feet P
Automobile fuel sales C
Automobile parking lot or garage (public or private) P
Automobile washing establishment C
Ordinance No. 1965, Revisions to Section 38.09.020, 38.10.020, 38.11.020, 38.12.020
Page 4 of 18
Banks and other financial institutions P
Bed and breakfast P
Business, technical or vocational school P
Community centers P
Community residential facilities with eight or fewer residents P
Community residential facilities serving nine or more residents P
Convenience uses except for automobile fuel sales (as listed
above) P
Cooperative household P
Convenience use restaurant 5,000 square feet P 4
Cottage Housing P
Daycare—Family, group, or center P
Essential services Type I A
Essential services Type II P
Essential services Type III C 5
Extended-stay lodgings 40,000 square
feet P
Fraternity, sorority or lodge P
Group living P
Health and exercise establishments P
Home-based businesses (subject to section 38.09.030 only) P
Hospitals C
Hotel or motel 40,000 square
feet P
Laboratories, research and diagnostic 10,000 square
feet P
Laundry service center P
Light goods repair P
Lodging houses P
Ordinance No. 1965, Revisions to Section 38.09.020, 38.10.020, 38.11.020, 38.12.020
Page 5 of 18
Manufacturing, artisan 5,000 square feet P
Manufacturing (light and completely indoors) 5,000 square feet P
Museum P
Medical and dental offices, clinics and centers P
Meeting hall P
Offices P
Other buildings and structures (typically accessory to permitted
uses) A
Personal and convenience services P
Pet grooming shop P
Printing offices and publishing establishments 5,000 square feet P
Public and private parks P P
Public buildings P
Refuse and recycling containers A
Restaurants P
Retail uses less than or equal to 5,000 square feet 5,000 square feet P 1
Retail uses greater than 5,000 square feet and less than or equal
to 12,000 square feet
12,000 square
feet P 1, 2
Retail uses greater than 12,000 square feet and less than or
equal to 25,000
25,000 square
feet P 1, 3
Sales of alcohol for on-premise consumption—No gaming
allowed C
Single household dwelling P
Three- or four-household dwelling P
Townhouses (five attached units or less) P
Two-household dwelling P
Veterinary clinic C
Wholesale distributors with on-premise retail outlets
(providing warehousing is limited to commodities which are
sold on the premises)
10,000 square
feet C
Ordinance No. 1965, Revisions to Section 38.09.020, 38.10.020, 38.11.020, 38.12.020
Page 6 of 18
Wholesale establishments (ones that use samples, but do not
stock on premises) 5,000 square feet C
Any use, except adult businesses and casinos, approved as part
of a planned unit development subject to the provisions of
article 20 of this chapter. C
1 Excluding adult businesses as defined in article 42 of this chapter.
2 Limited to no more than four structures per 100 acres of contiguous master planned
development and subject to section 38.09.020.C.
3 Limited to no more than two structures per 100 acres of contiguous master planned
development and subject to section 38.09.020.C.
4 Convenience use restaurants with drive-ups or drive-throughs require additional buffering when adjacent to residential uses which may include, but are not limited to sound barrier walls,
berms, and/or landscaping.
5 Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
Section 3
That the Bozeman Municipal Code be amended by revising Section 38.10.020 to read as follows:
Sec. 38.10.020. - Authorized uses.
A. Uses in the various commercial districts are depicted in Table 38.10.020 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 article 42 of
this chapter. 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 article 22
of this chapter.
C. Additional uses for telecommunications are established in article 29 of this chapter.
Ordinance No. 1965, Revisions to Section 38.09.020, 38.10.020, 38.11.020, 38.12.020
Page 7 of 18
Table 38.10.020
Table of Commercial Uses
Authorized Uses
B-1 B-2 B-
2M
B-
3
Ambulance service — P P P
Apartments and apartment buildings6, as defined in this chapter P P1/C P10 P3
Arts and entertainment center, as defined in this chapter P P P P
Automobile fuel sales or repair, as defined in this chapter C C C C
Automobile parking lot or garage (public or private) P P P P
Automobile washing establishment C P P C
Banks and other financial institutions P P P P
Business, technical or vocational school — C C P3
Bus terminals — C C C
Community centers P P P P3
Community residential facilities with eight or fewer residents P P1/C P1/C P3
Community residential facilities serving nine or more residents — C C —
Convenience uses C P P C
Convenience use restaurant P P P P
Day care centers P P P P
Essential services Type I A A A A
Essential services Type II P P P P
Essential services Type III C9 P P C9
Extended-stay lodgings — P P P
Food processing facilities — C C —
Frozen food storage and locker rental — P P —
Health and exercise establishments P1/C P P P
Ordinance No. 1965, Revisions to Section 38.09.020, 38.10.020, 38.11.020, 38.12.020
Page 8 of 18
Hospitals — P P C
Hotel or motel — P P P
Laboratories, research and diagnostic — P P P3
Laundry, dry cleaning — C C C
Light goods repair, as defined in this chapter — C C A
Lodginghouses — C C10 C3
Manufacturing, artisan P P P P8
Manufacturing, light — C C C3
Manufacturing, light and completely indoors — C C —
Mortuary — C C C
Museum — C C C
Medical and dental clinics P1/C P P P
Meeting hall — P P P
Offices, as defined in this chapter P1/C P P P3
Other buildings and structures typically accessory to permitted uses A A A A
Parking facilities P P P P3
Personal and convenience services, as defined in this chapter P P P P
Pet grooming shop P P P P
Printing offices and publishing establishments — — — C
Private club, fraternity, sorority or lodge — P P P
Public and private parks P P P P
Public buildings P P P P
Refuse and recycling containers A A A A
Research laboratories — P P P
Restaurants P5 P P P
Retail uses, as defined in this chapter P2 P2 P2 P2
Retail, large scale — P P —
Sales of alcohol for on-premises consumption7 C C C C
Ordinance No. 1965, Revisions to Section 38.09.020, 38.10.020, 38.11.020, 38.12.020
Page 9 of 18
Sign paint shops (not including neon sign fabrication) — P P C
Upholstery shops (excluding on site upholstery service for cars, boats,
trailers, trucks and other motorized vehicles requiring overnight storage) — P P P3
Veterinary clinic — C C —
Wholesale distributors with on-premises retail outlets, providing
warehousing is limited to commodities which are sold on the premises — C C —
Wholesale establishments that use samples, but do not stock on premises — P P P
Any use, except adult businesses and casinos approved as part of a
planned unit development subject to the provisions of article 20 of this
chapter
C C C C
Notes:
1When located on the second or subsequent floor, or basement as defined in article 42 of this
chapter.
2Excluding adult businesses, and large scale retail, as they are defined in article 42 of this chapter.
3Except on ground floor in the core area as defined in this article.
4Private arts instruction shall only be on the second or subsequent floor in the core area as
defined in this article.
5Exclusive of drive-ins.
6May be subject to the provisions of chapter 38, article 43.
7Also subject to chapter 4, article 2.
8For uses in the downtown core as described in 38.10.010.A.3.a and located on the ground floor
adjoining Main Street, a high volume, pedestrian-oriented use adjoining the building's entrance on Main Street is required.
9Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
10Non-residential uses are required on the ground floor to a minimum depth of 20 feet from front
building facade on properties adjacent to designated Storefront Streets per section 38.44.010.
Section 4
That the Bozeman Municipal Code be amended by revising Section 38.11.020 to read as follows:
Sec. 38.11.020. - Authorized uses.
A. Uses in the urban mixed-use district are depicted in Table 38.11.020. Principal uses are indicated with a "P," conditional uses are indicated with a "C," accessory uses are indicated
Ordinance No. 1965, Revisions to Section 38.09.020, 38.10.020, 38.11.020, 38.12.020
Page 10 of 18
with an "A," and uses which are not authorized 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 article 42 of
this chapter. 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 article 22 of this chapter.
C. Additional uses for telecommunications are established in article 29 of this chapter.
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 group shall exceed 70 percent 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
article 19 of this chapter.
4. The ground level gross building area shall be at least 75 percent nonresidential in use. Structured parking is classified as a nonresidential use. Structured parking at the ground
level shall include liner buildings of usable proportions along at least 40 percent of the
building facades facing a street or greenway.
5. One residential dwelling unit shall be provided for each 10,000 square feet of nonresidential gross building area. The residential units may be provided as part of the last elements of a phase in a multi-phased development.
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 38.11.020
Table of Uses Authorized
Uses
Ambulance service P
Apartments and apartment buildings1 (as defined in this chapter) P
Arts and entertainment center (as defined in this chapter) P
Automobile fuel sales or repair (as defined in this chapter) C
Ordinance No. 1965, Revisions to Section 38.09.020, 38.10.020, 38.11.020, 38.12.020
Page 11 of 18
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
Community residential facilities with eight or fewer residents P
Community residential facilities serving nine or more residents P
Convenience uses C
Convenience use restaurant P
Essential services Type I A
Essential services Type II P
Essential services Type III C
Extended-stay lodgings P
Health and exercise establishments P
Hospitals P
Hotel or motel P
Laboratories, research and diagnostic P
Laundry, dry cleaning P
Light goods repair (as defined in this chapter) P
Lodginghouses P
Manufacturing, artisan P
Manufacturing (light and completely indoors) P
Mortuary C
Museum P
Medical and dental clinics P
Meeting hall P
Offices (as defined in this chapter) P
Ordinance No. 1965, Revisions to Section 38.09.020, 38.10.020, 38.11.020, 38.12.020
Page 12 of 18
Other buildings & structures (typically accessory to permitted uses) A
Parking facilities P
Personal and convenience services (as defined in this chapter) P
Pet grooming shop P
Printing offices and publishing establishments C
Private club, fraternity, sorority or lodge P
Public and private parks P
Public buildings P
Refuse and recycling containers A
Research laboratories P
Restaurants P
Retail uses (as defined in this chapter) P*
Retail (large scale) C
Sales of alcohol for on-premises consumption (no gaming allowed) C
Sign paint shops (not including neon sign fabrication) C
Upholstery shops (excluding on-site upholstery service for cars, boats, trailers,
trucks and other motorized vehicles requiring overnight storage) P
Veterinary clinic P
Wholesale distributors with on-premises retail outlets (providing warehousing is
limited to commodities which are sold on the premises) P
Wholesale establishments (ones that use samples, but do not stock on premises) P
Any use, except adult businesses and casinos approved as part of a planned unit
development subject to the provisions of article 20 of this chapter C
Notes:*Excluding adult business, and large scale retail, as they are defined in
article 42 of this chapter —
1May be subject to the provisions of chapter 38, article 43.
Ordinance No. 1965, Revisions to Section 38.09.020, 38.10.020, 38.11.020, 38.12.020
Page 13 of 18
Section 4
That the Bozeman Municipal Code be amended by revising Section 38.12.020 to read as follows:
Sec. 38.12.020. - Authorized uses.
A. Uses in the various industrial districts are depicted in Table 38.12.020. 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 authorized within 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.
B. The uses listed are deliberately broad and are defined in article 42 of this chapter. 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 article 22 of this chapter.
C. Additional telecommunication uses are established in article 29 of this chapter.
Table 38.12.020
Table of Industrial Uses Permitted Uses
BP M-1 M-2
Adult business1 — P1 P1
Agriculture — — P
Ambulance service — P P
Amusement and recreational facilities — P C
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 chapter — P P
Automobile parking lot or garage (public or private) P/A2 P/A2 P/A2
Automobile washing establishment — P P
Banks and other financial institutions C P C
Building materials — P P
Community center, as defined in this chapter P P P
Ordinance No. 1965, Revisions to Section 38.09.020, 38.10.020, 38.11.020, 38.12.020
Page 14 of 18
Day care center C/A3 C/A3 C/A3
Food processing facility — P P
Essential services Type I A A A
Essential services Type II P P P
Essential services Type III P P 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 chapter — P P
Manufacturing, artisan P P P
Manufacturing, light P4 P4 P
Manufacturing or industrial uses of all types if in compliance with all
provisions of this chapter unless otherwise stated in this section. — — P
Medical clinics P P P
Offices, as defined in this chapter P5 P P
Other buildings and structures typically accessory to permitted uses A A A
Outside storage —
/A6 P/A6 P/A6
Personal and convenience services, as defined in this chapter — C C
Personnel service facilities providing services, education, food and
convenience goods primarily for those personnel employed in the principal
use
A A A
Production manufacturing and generation facilities (electric and gas) — — C
Public and private parks P P P
Public buildings P P P
Retail sales of goods produced or warehoused on site and related products, A A A
Ordinance No. 1965, Revisions to Section 38.09.020, 38.10.020, 38.11.020, 38.12.020
Page 15 of 18
not to exceed 20 percent of gross floor area or 10,000 square feet, whichever
is less
Retail sales for on-premise consumption of alcohol produced on site, not to
exceed 10,000 square feet or 50 percent of the facility, whichever is less — C C
Residential use which is clearly accessory to the operation of a permitted
principal or conditional use7, 11 — A7,
11
A7,
11
Restaurant8 — 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
Signs10 A A A
Solid waste transfer station — — C
Temporary buildings and yards incidental to ongoing construction work A A A
Truck, 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 development subject to the provisions of article 20 of this chapter C C C
1Subject to the requirements of article 22 of this chapter.
2As required by this chapter and meeting the standards of this chapter.
3If primarily offering services to a single business or group of businesses within the same
building or building complex.
4Completely enclosed within a building.
5Professional and business offices only.
Ordinance No. 1965, Revisions to Section 38.09.020, 38.10.020, 38.11.020, 38.12.020
Page 16 of 18
6Only if accessory to a principal use and if screened from the street and surrounding properties
by a solid fence or dense plantings at least six feet in height.
7For 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.
8Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet,
whichever is less, or occupying not more than 45 percent of the gross floor area of a food
processing facility.
9Limited to state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility.
10Subject to the requirements of article 28 of this chapter.
11May be subject to the provisions of chapter 38, article 43.
Section 5
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 6
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 7
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
Ordinance No. 1965, Revisions to Section 38.09.020, 38.10.020, 38.11.020, 38.12.020
Page 17 of 18
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 8
Codification.
This Ordinance shall be codified as indicated in Sections 2-4.
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the __________ day of ___________
2016.
____________________________________
CARSON TAYLOR Mayor
ATTEST:
____________________________________
ROBIN CROUGH City Clerk
Ordinance No. 1965, Revisions to Section 38.09.020, 38.10.020, 38.11.020, 38.12.020
Page 18 of 18
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2016. The effective date of this ordinance is _____, __________,
2016.
_________________________________
CARSON TAYLOR
Mayor
ATTEST:
_________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney